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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

Interpretation (continued)

Marginal note:Further definitions — firearms

 In this Act, ammunition, antique firearm, automatic firearm, cartridge magazine, cross-bow, handgun, imitation firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm and restricted weapon, as well as authorization, licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

  • 2009, c. 22, s. 1

Marginal note:Acting on victim’s behalf

  •  (1) For the purposes of sections 606, 672.5, 715.37, 722, 737.1 and 745.63, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:

    • (a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;

    • (b) the victim’s common-law partner, or if the victim is dead, their common-law partner at the time of death;

    • (c) a relative or dependant of the victim;

    • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

    • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

  • Marginal note:Exception

    (2) An individual is not entitled to act on a victim’s behalf if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not criminally responsible on account of mental disorder or unfit to stand trial in respect of that offence.

  • 2015, c. 13, s. 4
  • 2018, c. 12, s. 403

Marginal note:Concurrent jurisdiction

  •  (1) The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are

    • (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, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

    • (b) proceedings in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.1, 271 to 273, 279 or 279.1;

    • (c) proceedings in relation to an offence referred to in subsection 7(3.71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada;

    • (d) proceedings in relation to an offence if the act or omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada;

    • (e) a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.01 or 810.011, if he or she has given consent to the information referred to in those sections; and

    • (f) proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3.

  • Marginal note:For greater certainty — Attorney General of Canada

    (2) For greater certainty, the Attorney General of Canada or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct

    • (a) a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;

    • (b) a proceeding in relation to a criminal organization offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding;

    • (c) a proceeding in relation to an offence referred to in section 354, 355.2, 355.4 or 462.31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence;

    • (d) a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her;

    • (e) a proceeding for the failure to comply with any condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and

    • (f) any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.

  • Marginal note:For greater certainty — Director of Public Prosecutions

    (3) For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2).

  • 2019, c. 25, s. 2
  • 2019, c. 25, s. 404

Marginal note:Descriptive cross-references

 Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.

  • 1976-77, c. 53, s. 2

Part I

General

Marginal note:Effect of judicial acts

  •  (1) Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing.

  • Marginal note:Clerk of the court

    (2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.

  • 2002, c. 13, s. 2
  • 2019, c. 25, s. 3

Marginal note:Postcard a chattel, value

  •  (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.

  • Marginal note:Value of valuable security

    (2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:

    • (a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition valuable security in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;

    • (b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition valuable security in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and

    • (c) where the valuable security is one mentioned in paragraph (e) of the definition valuable security in section 2, the value is the amount of money that has been paid.

  • Marginal note:Possession

    (3) For the purposes of this Act,

    • (a) a person has anything in possession when he has it in his personal possession or knowingly

      • (i) has it in the actual possession or custody of another person, or

      • (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

    • (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

  • Marginal note:Expressions taken from other Acts

    (4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.

  • Marginal note:Sexual intercourse

    (5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.

  • Marginal note:Proof of notifications and service of documents

    (6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved

    • (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or

    • (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.

  • Marginal note:Proof of service in accordance with provincial laws

    (6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

  • Marginal note:Attendance for examination

    (7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.

  • Marginal note:Means of telecommunication

    (8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication.

  • R.S., 1985, c. C-46, s. 4
  • R.S., 1985, c. 27 (1st Supp.), s. 3
  • 1994, c. 44, s. 3
  • 1997, c. 18, s. 2
  • 2008, c. 18, s. 1
  • 2014, c. 31, s. 2
 
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