Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Sabotage — essential infrastructure

• 52.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to

  • (a) endanger the safety, security or defence of Canada;

  • (b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or

  • (c) cause a serious risk to the health or safety of the public or any segment of the public.

• Marginal note:Definition of essential infrastructure

  (2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following:

  • (a) transportation infrastructure;

  • (b) information and communication technology infrastructure;

  • (c) water and wastewater management infrastructure;

  • (d) energy and utilities infrastructure;

  • (e) health services infrastructure;

  • (f) food supply and food services infrastructure;

  • (g) government operations infrastructure;

  • (h) financial infrastructure; and

  • (i) any other infrastructure prescribed by regulations.

• Marginal note:Saving — stop work

  (3) No person commits an offence under subsection (1) by reason only that

  • (a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment;

  • (b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or

  • (c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees.

• Marginal note:Saving — obtaining or communicating information

  (4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information.

• Marginal note:For greater certainty

  (5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) to (c).

• Marginal note:Regulations

  (6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2).