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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2020-06-17 and last amended on 2019-12-18. 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. 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. 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:

  • — 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. 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. 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.

  • — 2019, c. 9, s. 16

    • 2015, c. 27, s. 18

      16 The definition non-restricted firearm in subsection 84(1) of the Criminal Code is replaced by the following:

      non-restricted firearm

      non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm; (arme à feu sans restriction)

  • — 2019, c. 9, s. 18

    • 2015, c. 27, s. 34

      18 Subsections 117.15(3) and (4) of the Act are repealed.

  • — 2019, c. 15, s. 47

    • 2001, c. 32, s. 11
      • 47 (1) Paragraph 423.1(1)(b) of the Criminal Code is replaced by the following:

        • (b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or

      • (2) Section 423.1 of the Act is amended by adding the following after subsection (3):

        • Definition of military justice system participant

          (4) In this section, military justice system participant has the same meaning as in subsection 2(1) of the National Defence Act.

  • — 2020, c. 1, s. 35

    • 2019, c. 25, s. 2

      35 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:

      • (a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

  • — 2020, c. 1, s. 36

    • 36 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):

  • — 2020, c. 1, s. 37

    • 37 The Act is amended by adding the following after section 390:

      • Trade secret
        • 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

        • Trade secret — prior knowledge

          (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

        • Punishment

          (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty

          • (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

          • (b) of an offence punishable on summary conviction.

        • For greater certainty

          (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

        • Definition of trade secret

          (5) For the purpose of this section, trade secret means any information that

          • (a) is not generally known in the trade or business that uses or may use that information;

          • (b) has economic value from not being generally known; and

          • (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

  • — 2020, c. 1, s. 38

    • 38 Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):

      • (x.1) section 391 (trade secret);

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