Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-05-22 and last amended on 2018-12-18. Previous Versions

PART IIOffences Against Public Order (continued)

Dangerous Materials and Devices

Marginal note:Duty of care re explosive

 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

  • R.S., c. C-34, s. 77

Marginal note:Breach of duty

 Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

  • (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

  • (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 78

Marginal note:Using explosives

  •  (1) Every one commits an offence who

    • (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

    • (b) with intent to do bodily harm to any person

      • (i) causes an explosive substance to explode,

      • (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

      • (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

    • (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

    • (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

      • (i) to endanger life or to cause serious damage to property, or

      • (ii) to enable another person to endanger life or to cause serious damage to property.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable

    • (a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or

    • (b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 79

Marginal note:Possession of explosive

  •  (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Possession in association with criminal organization

    (2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance 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 of not more than 14 years.

  • R.S., 1985, c. C-46, s. 82
  • R.S., 1985, c. 27 (1st Supp.), s. 12
  • 1997, c. 23, s. 2
  • 2001, c. 32, s. 3(F)
  • 2018, c. 29, s. 5

Marginal note:Sentences to be served consecutively

 A sentence imposed on a person for an offence under subsection 82(2) 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 subsection 82(2).

  • 1997, c. 23, s. 2

Definition of device

 For the purposes of sections 82.3 to 82.5, device means any of the following:

  • (a) a nuclear explosive device;

  • (b) a device that disperses radioactive material;

  • (c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.

  • 2013, c. 13, s. 5

Marginal note:Possession, etc., of nuclear material, radioactive material or device

 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

  • 2013, c. 13, s. 5

Marginal note:Use or alteration of nuclear material, radioactive material or device

 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

  • 2013, c. 13, s. 5

Marginal note:Commission of indictable offence to obtain nuclear material, etc.

 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.

  • 2013, c. 13, s. 5

Marginal note:Threats

 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

  • 2013, c. 13, s. 5

Marginal note:Armed forces

 For greater certainty, sections 82.3 to 82.6 do not apply to an act that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

  • 2013, c. 13, s. 5

Prize Fights

Marginal note:Engaging in prize fight

  •  (1) Every one who

    • (a) engages as a principal in a prize fight,

    • (b) advises, encourages or promotes a prize fight, or

    • (c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

    is guilty of an offence punishable on summary conviction.

  • Definition of prize fight

    (2) In this section, prize fight means an encounter or fight with fists, hands or feet between two persons who have met for that purpose by previous arrangement made by or for them, but does not include

    • (a) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport is on the programme of the International Olympic Committee or the International Paralympic Committee and, in the case where the province’s lieutenant governor in council or any other person or body specified by him or her requires it, the contest is held with their permission;

    • (b) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport has been designated by the province’s lieutenant governor in council or by any other person or body specified by him or her and, in the case where the lieutenant governor in council or other specified person or body requires it, the contest is held with their permission;

    • (c) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province with the permission of the province’s lieutenant governor in council or any other person or body specified by him or her; and

    • (d) a boxing contest or mixed martial arts contest held in a province with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province’s legislature for the control of sport within the province.

  • R.S., 1985, c. C-46, s. 83
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 2013, c. 19, s. 1
 
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