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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2001, c. 32, ss. 82(1), (3)

    • Bill C-15
      • 82 (1) If Bill C-15 [C-10A]Footnote *, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001 (the “other Act” [2003, c. 8]Footnote *), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

      • Criminal Code — subsection 515(4.1) (French version) replaced

        (3) On the later of the coming into force of subsection 37(1) of this Act and section 32 [8]Footnote * of the other Act [2003, c. 8]Footnote *, subsection 515(4.1) of the French version of the Criminal Code is replaced by the following :

        • Condition additionnelle

          (4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux ci.

  • — 2015, c. 16, s. 1

    • 1 Section 279.01 of the Criminal Code is amended by adding the following after subsection (2):

      • Presumption

        (3) For the purposes of subsections (1) and 279.011(1), evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.

  • — 2015, c. 16, s. 2

    • 2 Subsection 279.04(1) of the French version of the Act is replaced by the following:

      • Exploitation
        • 279.04 (1) Pour l’application des articles 279.01 à 279.03, une personne en exploite une autre si elle l’amène à fournir ― ou à offrir de fournir ― son travail ou ses services, par des agissements dont il est raisonnable de s’attendre, compte tenu du contexte, à ce qu’ils lui fassent croire qu’un refus de sa part mettrait en danger sa sécurité ou celle d’une personne qu’elle connaît.

  • — 2015, c. 16, s. 3

    • 3 The Act is amended by adding the following after section 279.04:

      • Sentences to be served consecutively

        279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • — 2015, c. 16, s. 4

    • 4 Subsection 462.37(2.02) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

      • (c) an offence under any of sections 279.01 to 279.03.

  • — 2015, c. 23, s. 30

    • 2010, c. 17, s. 21(2)

      30 Subsection 490.031(3) of the Criminal Code is replaced by the following:

      • Proof of certain facts by certificate

        (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • — 2015, c. 23, s. 31

    • 2007, c. 5, s. 29

      31 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:

  • — 2017, c. 27, s. 61

    • 61 The Criminal Code is amended by adding the following after section 117.07:

      • Preclearance officers

        117.071 Despite any other provision of this Act, but subject to section 117.1, no preclearance officer, as defined in section 5 of the Preclearance Act, 2016, is guilty of an offence under this Act or the Firearms Act by reason only that the preclearance officer

        • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of or for the purpose of their duties or employment;

        • (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of their duties or employment;

        • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of their duties or employment; or

        • (d) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of their duties or employment or the destruction of any such thing in the course of their duties or employment.

  • — 2017, c. 27, s. 62

    • 62 The Act is amended by adding the following after section 579:

      • Instruction to stay
        • 579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer, as defined in section 5 of the Preclearance Act, 2016, are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement.

        • Stay

          (2) The clerk or other officer of the court shall make the entry immediately after being so directed, and on the entry being made the proceedings are stayed and any recognizance relating to the proceedings is vacated.

        • Recommencement

          (3) The proceedings may be recommenced without laying a new information or preferring a new indictment, if the Attorney General or counsel instructed by him or her gives notice to the clerk or other officer of the court that

          • (a) the Government of the United States has provided notice of waiver under paragraph 15 of Article X of the Agreement; or

          • (b) the Government of the United States has declined, or is unable, to prosecute the accused and the accused has returned to Canada.

        • Proceedings deemed never commenced

          (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.

        • Definition of Agreement

          (5) In this section, Agreement means the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015.

  • — 2018, c. 16, s. 190

    • Bill C-28

      190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

      • Victim surcharge
        • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

  • — 2018, c. 16, s. 225

    • 2015, c. 16

      225 On the first day on which both section 4 of An Act to amend the Criminal Code (exploitation and trafficking in persons), chapter 16 of the Statutes of Canada, 2015, and section 214 of this Act are in force, subsection 462.37(2.02) of the Criminal Code is replaced by the following:

      • Offences

        (2.02) The offences are the following:

        • (a) a criminal organization offence punishable by five or more years of imprisonment;

        • (b) an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those sections — prosecuted by indictment;

        • (c) an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those subsections — prosecuted by indictment; and

        • (d) an offence under any of sections 279.01 to 279.03.

  • — 2018, c. 21, ss. 51(1), (2)

    • Bill C-39
      • 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

  • — 2018, c. 26, s. 23

    • 23 Paragraph (h) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagaph (ii):

      • (ii.1) section 14.2 (broker or attempt to broker),

  • — 2018, c. 29, s. 79

    • Bill C-39
      • 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

  • — 2018, c. 29, s. 80

    • Bill C-337
      • 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

      • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

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