Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-06-06 and last amended on 2018-12-18. Previous Versions

PART XVSpecial Procedure and Powers (continued)

Forfeiture of Offence-related Property (continued)

Marginal note:Seizure of explosives

  •  (1) Every person who executes a warrant issued under section 487 or 487.1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).

  • Marginal note:Forfeiture

    (2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct.

  • Marginal note:Application of proceeds

    (3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.

  • R.S., 1985, c. C-46, s. 492
  • R.S., 1985, c. 27 (1st Supp.), s. 70

Marginal note:Warrant for tracking device — transactions and things

  •  (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and that tracking the location of one or more transactions or the location or movement of a thing, including a vehicle, will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Warrant for tracking device — individuals

    (2) A justice or judge who is satisfied by information on oath that there are reasonable grounds to believe that an offence has been or will be committed under this or any other Act of Parliament and that tracking an individual’s movement by identifying the location of a thing that is usually carried or worn by the individual will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Scope of warrant

    (3) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the tracking device, including covertly.

  • Marginal note:Conditions

    (4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person’s interests.

  • Marginal note:Period of validity

    (5) Subject to subsection (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime and terrorism offence

    (6) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

    • (a) an offence under any of sections 467.11 to 467.13;

    • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Removal after expiry of warrant

    (7) On ex parte application supported by an affidavit, the justice or judge who issued a warrant or another justice or judge who has jurisdiction to issue such warrants may authorize the covert removal of the tracking device after the expiry of the warrant under any conditions that the justice or judge considers advisable in the public interest. The authorization is valid for the period specified in it as long as that period is not more than 90 days.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    data

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (fonctionnaire public)

    tracking data

    tracking data means data that relates to the location of a transaction, individual or thing. (données de localisation)

    tracking device

    tracking device means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. (dispositif de localisation)

  • 1993, c. 40, s. 18
  • 1999, c. 5, s. 18
  • 2014, c. 31, s. 23

Marginal note:Warrant for transmission data recorder

  •  (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

  • Marginal note:Scope of warrant

    (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.

  • Marginal note:Limitation

    (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

  • Marginal note:Period of validity

    (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime or terrorism offence

    (5) The warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

    • (a) an offence under any of sections 467.11 to 467.13;

    • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    data

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    judge means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (fonctionnaire public)

    transmission data

    transmission data means data that

    • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

    • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

    • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

    transmission data recorder

    transmission data recorder means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. (enregistreur de données de transmission)

  • 1993, c. 40, s. 18
  • 1999, c. 5, s. 19
  • 2014, c. 31, s. 23

PART XVICompelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

 In this Part,

accused

accused includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 496, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)

judge

judge means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c) [Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)

promise to appear

promise to appear means a promise in Form 10; (promesse de comparaître)

recognizance

recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32; (engagement)

summons

summons means a summons in Form 6 issued by a justice or judge; (sommation)

undertaking

undertaking means an undertaking in Form 11.1 or 12; (promesse)

warrant

warrant, when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 5, c. 17, s. 12
  • 1992, c. 51, s. 37
  • 1994, c. 44, s. 39
  • 1999, c. 3, s. 30
  • 2002, c. 7, s. 143
  • 2015, c. 3, s. 51
 
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