Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)
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Assented to 2024-06-20
PART 4Various Measures (continued)
DIVISION 34Money Laundering, Terrorist Financing, Sanctions Evasion and Other Measures (continued)
SUBDIVISION CR.S., c. C-46Criminal Code (continued)
364 Form 5.004 of Part XXVIII of the Act is replaced by the following:
FORM 5.004(Subsections 487.014(2), 487.0141(2), (5) and (10), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))Information To Obtain a Production Order
Canada,
Province of 
(territorial division)
This is the information of (name of peace officer or public officer), of (“the informant”).
The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 or 487.0141 of the Criminal Code, reasonable grounds to believe)
(a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and
(b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.
(or)
(b) (if the application is for an order under section 487.0141 of the Criminal Code) that (specify the document or data), if it is in the possession or control of (name of the person) on (specify the dates to be specified in the order), will afford evidence respecting the commission of the offence (and if applicable, and that the information contained in all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect will afford evidence respecting the commission of the offence).
(or)
(b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.
(or)
(b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.
The reasonable grounds are:
The informant therefore requests
(if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).
(or)
(if the application is for an order under section 487.0141 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control on (specify the dates to be specified in the order) (and/or to prepare and produce a document containing (specify the data) that is in their possession or control on (specify the dates to be specified in the order)) (and if applicable, and that the person be ordered to produce a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect).
(or)
(if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.
(or)
(if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.
(or)
(if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.
(or)
(if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
365 Part XXVIII of the Act is amended by adding the following after Form 5.005:
FORM 5.0051(Subsection 487.0141(3))Production Order — Specified Dates
Canada,
Province of
(territorial division)
To (name of person), of :
Whereas I am satisfied by information on oath of (name of peace officer or public officer), , that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data), if it is in your possession or control on any of the dates specified in this order, will afford evidence respecting the commission of the offence (and if applicable, and that the information contained in all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period this order is in effect will afford evidence respecting the commission of the offence);
Therefore, you are ordered to
produce a document that is a copy of (specify the document) that is in your possession or control on (specify up to six dates)
(and/or)
prepare and produce a document containing (specify the data) that is in your possession or control on (specify up to six dates)
(and if applicable)
produce a copy of all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
The document (and if applicable and the copy of the report) must be produced to (name of peace officer or public officer) within (time) of each of the dates specified in this order at (place) in (form).
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
366 Forms 5.009 and 5.0091 of Part XXVIII of the Act are replaced by the following:
FORM 5.009(Subsection 487.0191(2))Information To Obtain a Non-Disclosure Order
Canada,
Province of
(territorial division)
This is the information of (name of peace officer or public officer), of (“the informant”).
The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:
(specify portion or portions)
The reasonable grounds are:
The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
FORM 5.0091(Subsection 487.0191(3))Non-Disclosure Order
Canada,
Province of
(territorial division)
To (name of person, financial institution or entity), of :
Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;
Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.
(specify portion or portions)
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
Coming into Force
Marginal note:90th day after royal assent
367 This Subdivision comes into force on the 90th day after the day on which this Act receives royal assent.
DIVISION 35R.S., c. C-46Criminal Code (Motor Vehicle Theft)
Amendments to the Act
368 (1) Subparagraph (a)(liv.1) of the definition offence in section 183 of the Criminal Code is replaced by the following:
(liv.1) subsection 333.1(1) (motor vehicle theft),
(liv.2) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted),
(liv.3) subsection 333.1(4) (motor vehicle theft for criminal organization),
(2) Subparagraph (a)(lxxxiii) of the definition offence in section 183 of the Act is replaced by the following:
(lxxxiii) subsection 462.31(1) (laundering proceeds of crime),
(lxxxiii.1) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization),
369 Section 333.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Motor vehicle theft when violence used, threatened or attempted
(3) Everyone who commits theft in the commission of which violence against a person is used, threatened or attempted is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
Marginal note:Motor vehicle theft for criminal organization
(4) Everyone who commits theft for the benefit of, at the direction of or in association with a criminal organization is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
370 The Act is amended by adding the following after section 333.1:
Marginal note:Possession of device for purpose of committing theft
333.2 (1) Everyone commits an offence who possesses an electronic device suitable for committing theft of a motor vehicle for the purpose of committing a motor vehicle theft offence.
Marginal note:Distribution of device linked to theft
(2) Everyone commits an offence who, without lawful excuse, makes, repairs, sells, offers for sale, imports into Canada, exports from Canada, distributes or makes available an electronic device suitable for committing theft of a motor vehicle, knowing that the device has been used or is intended to be used to commit a motor vehicle theft offence.
Marginal note:Punishment
(3) Everyone who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Forfeiture
(4) If a person is convicted of an offence under subsection (1) or (2), in addition to any punishment that is imposed, the electronic device in relation to which the offence was committed may be ordered forfeited to His Majesty and may be disposed of as the Attorney General directs.
Marginal note:Limitation
(5) No order of forfeiture may be made under subsection (4) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1) or (2).
371 Subsection 462.31(3) of the Act is replaced by the following:
Marginal note:Laundering proceeds of crime for criminal organization
(2.1) Everyone who commits an offence under subsection (1) for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
Marginal note:Exception
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) or (2.1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
372 Paragraph 462.48(1.1)(f) of the French version of the Act is replaced by the following:
f) soit une infraction ou un acte criminel prévus aux articles 354, 355.2, 355.4 ou 462.31 — ou le complot ou la tentative de commettre une telle infraction ou un tel acte ou la complicité après le fait à tel égard — qui aurait été commis à l’égard de biens, objets ou produits qui ont été obtenus ou proviennent directement ou indirectement de la perpétration au Canada d’une infraction ou d’un acte criminel mentionnés à l’un des alinéas a) à e) ou d’un acte ou d’une omission survenus à l’extérieur du Canada et qui, au Canada, aurait constitué une infraction ou un acte criminel mentionnés à l’un de ces alinéas.
373 (1) The definition primary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(viii.2):
(viii.3) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted),
(viii.4) subsection 333.1(4) (motor vehicle theft for criminal organization),
(2) The definition primary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(xiii):
(xiii.1) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization),
(3) The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (c)(viii.2):
(viii.201) subsection 333.1(1) (motor vehicle theft),
(viii.202) subsection 333.2(1) (possession of device for purpose of committing theft),
(viii.203) subsection 333.2(2) (distribution of device linked to theft),
- Date modified: