Short Title

Marginal note:Short title

1 This Act may be cited as the Criminal Code.

Interpretation

Marginal note:Definitions

2 In this Act,

Act

loi

Act includes

• (a) an Act of Parliament,

• (b) an Act of the legislature of the former Province of Canada,

• (c) an Act of the legislature of a province, and

• (d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada; (loi)

associated personnel

personnel associé

associated personnel means persons who are

• (a) assigned by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations,

• (b) engaged by the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency, or

• (c) deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency,

to carry out activities in support of the fulfilment of the mandate of a United Nations operation; (personnel associé)

Attorney General

procureur général

Attorney General

• (a) subject to paragraphs (c) to (g), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,

• (b) with respect to the Yukon Territory, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such an Act, means the Attorney General of Canada and includes his or her lawful deputy,

• (c) with respect to proceedings in relation to a terrorism offence or to an offence under section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

• (d) with respect to proceedings in relation to

  • (i) an offence referred to in subsection 7(3.71), or

  • (ii) an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,

  means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

• (e) with respect to proceedings in relation to an offence where the act or omission constituting the offence

  • (i) constitutes a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1), and

  • (ii) was committed outside Canada but is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada,

  means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

• (f) with respect to proceedings under section 83.13, 83.14, 83.28, 83.29 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and

• (g) with respect to proceedings in relation to an offence referred to in sections 380, 382, 382.1 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them; (procureur général)

bank-note

billet de banque

bank-note includes any negotiable instrument

• (a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and

• (b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada,

intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills; (billet de banque)

bodily harm

lésions corporelles

bodily harm means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature; (lésions corporelles)

Canadian Forces

Forces canadiennes

Canadian Forces means the armed forces of Her Majesty raised by Canada; (Forces canadiennes)

cattle

bétail

cattle means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat; (bétail)

clerk of the court

greffier du tribunal

clerk of the court includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court; (greffier du tribunal)

common-law partner

conjoint de fait

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

complainant

plaignant

complainant means the victim of an alleged offence; (plaignant)

counsel

avocat

counsel means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings; (avocat)

count

chef d’accusation

count means a charge in an information or indictment; (chef d’accusation)

court of appeal

cour d’appel

court of appeal means

• (a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court, and

• (b) in all other provinces, the Court of Appeal; (cour d’appel)

court of criminal jurisdiction

cour de juridiction criminelle

court of criminal jurisdiction means

• (a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,

• (a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

• (b) a provincial court judge or judge acting under Part XIX, and

• (c) in the Province of Ontario, the Ontario Court of Justice; (cour de juridiction criminelle)

criminal organization

organisation criminelle

criminal organization has the same meaning as in subsection 467.1(1); (organisation criminelle)

criminal organization offence

infraction d’organisation criminelle

criminal organization offence means

• (a) an offence under section 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

• (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction d’organisation criminelle)

day

jour

day means the period between six o’clock in the forenoon and nine o’clock in the afternoon of the same day; (jour)

document of title to goods

titre de marchandises

document of title to goods includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or receive any goods thereby represented or therein mentioned or referred to; (titre de marchandises)

document of title to lands

titre de bien-fonds

document of title to lands includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar’s copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property; (titre de bien-fonds)

dwelling-house

maison d’habitation

dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

• (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and

• (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence; (maison d’habitation)

every one, person and owner

quiconque, individu, personne et propriétaire

every one, person and owner, and similar expressions, include Her Majesty and an organization; (quiconque, individu, personne et propriétaire)

explosive substance

substance explosive

explosive substance includes

• (a) anything intended to be used to make an explosive substance,

• (b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and

• (c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device; (substance explosive)

feeble-minded person

feeble-minded person [Repealed, 1991, c. 43, s. 9]

firearm

arme à feu

firearm means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm; (arme à feu)

government or public facility

installation gouvernementale ou publique

government or public facility means a facility or conveyance, whether permanent or temporary, that is used or occupied in connection with their official duties by representatives of a state, members of a government, members of a legislature, members of the judiciary, or officials or employees of a state or of any other public authority or public entity, or by officials or employees of an intergovernmental organization; (installation gouvernementale ou publique)

Her Majesty’s Forces

forces de Sa Majesté

Her Majesty’s Forces means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces; (forces de Sa Majesté)

highway

voie publique ou grande route

highway means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes; (voie publique ou grande route)

indictment

acte d’accusation

indictment includes

• (a) information or a count therein,

• (b) a plea, replication or other pleading, and

• (c) any record; (acte d’accusation)

internationally protected person

personne jouissant d’une protection internationale

internationally protected person means

• (a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,

• (b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,

• (c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or

• (d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity; (personne jouissant d’une protection internationale)

justice

juge de paix

justice means a justice of the peace or a provincial court judge, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction; (juge de paix)

justice system participant

personne associée au système judiciaire

justice system participant means

• (a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and

• (b) a person who plays a role in the administration of criminal justice, including

  • (i) the Minister of Public Safety and Emergency Preparedness and a Minister responsible for policing in a province,

  • (ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,

  • (iii) a judge and a justice,

  • (iv) a juror and a person who is summoned as a juror,

  • (v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,

  • (vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition peace officer,

  • (vii) a civilian employee of a police force,

  • (viii) a person employed in the administration of a court,

  • (viii.1) a public officer within the meaning of subsection 25.1(1) and a person acting at the direction of such an officer,

  • (ix) an employee of the Canada Customs and Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,

  • (x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act, and

  • (xi) an employee and a member of the National Parole Board and of a provincial parole board; (personne associée au système judiciaire)

magistrate

magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]

mental disorder

troubles mentaux

mental disorder means a disease of the mind; (troubles mentaux)

military

militaire

military shall be construed as relating to all or any of the Canadian Forces; (militaire)

military law

loi militaire

military law includes all laws, regulations or orders relating to the Canadian Forces; (loi militaire)

motor vehicle

véhicule à moteur

motor vehicle means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment; (véhicule à moteur)

municipality

municipalité

municipality includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose; (municipalité)

newly-born child

enfant nouveau-né ou nouveau-né

newly-born child means a person under the age of one year; (enfant nouveau-né ou nouveau-né)

night

nuit

night means the period between nine o’clock in the afternoon and six o’clock in the forenoon of the following day; (nuit)

offence-related property

bien infractionnel

offence-related property means any property, within or outside Canada,

• (a) by means or in respect of which an indictable offence under this Act is committed,

• (b) that is used in any manner in connection with the commission of an indictable offence under this Act, or

• (c) that is intended for use for the purpose of committing an indictable offence under this Act; (bien infractionnel)

offender

contrevenant

offender means a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty or on a finding of guilt; (contrevenant)

offensive weapon

arme offensive

offensive weapon has the same meaning as weapon; (arme offensive)

organization

organisation

organization means

• (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or

• (b) an association of persons that

  • (i) is created for a common purpose,

  • (ii) has an operational structure, and

  • (iii) holds itself out to the public as an association of persons; (organisation)

peace officer

agent de la paix

peace officer includes

• (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,

• (b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

• (c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

• (d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act, the Excise Act or the Excise Act, 2001,

• (e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

• (f) the pilot in command of an aircraft

  • (i) registered in Canada under regulations made under the Aeronautics Act, or

  • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

  while the aircraft is in flight, and

• (g) officers and non-commissioned members of the Canadian Forces who are

  • (i) appointed for the purposes of section 156 of the National Defence Act, or

  • (ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers; (agent de la paix)

prison

prison

prison includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody; (prison)

property

biens ou propriété

property includes

• (a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,

• (b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and

• (c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person; (biens ou propriété)

prosecutor

poursuivant

prosecutor means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them; (poursuivant)

provincial court judge

juge de la cour provinciale

provincial court judge means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person; (juge de la cour provinciale)

public department

ministère public

public department means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada; (ministère public)

public officer

fonctionnaire public

public officer includes

• (a) an officer of customs or excise,

• (b) an officer of the Canadian Forces,

• (c) an officer of the Royal Canadian Mounted Police, and

• (d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation; (fonctionnaire public)

public stores

approvisionnements publics

public stores includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department; (approvisionnements publics)

railway equipment

matériel ferroviaire

railway equipment means

• (a) any machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or

• (b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use; (matériel ferroviaire)

representative

agent

representative, in respect of an organization, means a director, partner, employee, member, agent or contractor of the organization; (agent)

senior officer

cadre supérieur

senior officer means a representative who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of the organization’s activities and, in the case of a body corporate, includes a director, its chief executive officer and its chief financial officer; (cadre supérieur)

serious offence

infraction grave

serious offence has the same meaning as in subsection 467.1(1); (infraction grave)

steal

voler

steal means to commit theft; (voler)

superior court of criminal jurisdiction

cour supérieure de juridiction criminelle

superior court of criminal jurisdiction means

• (a) in the Province of Ontario, the Court of Appeal or the Superior Court of Justice,

• (b) in the Province of Quebec, the Superior Court,

• (c) in the Province of Prince Edward Island, the Supreme Court,

• (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen’s Bench,

• (e) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the Supreme Court or the Court of Appeal,

• (f) in Yukon, the Supreme Court,

• (g) in the Northwest Territories, the Supreme Court, and

• (h) in Nunavut, the Nunavut Court of Justice; (cour supérieure de juridiction criminelle)

territorial division

circonscription territoriale

territorial division includes any province, county, union of counties, township, city, town, parish or other judicial division or place to which the context applies; (circonscription territoriale)

terrorism offence

infraction de terrorisme

terrorism offence means

• (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,

• (b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

• (c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

• (d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c); (infraction de terrorisme)

terrorist activity

activité terroriste

terrorist activity has the same meaning as in subsection 83.01(1); (activité terroriste)

terrorist group

groupe terroriste

terrorist group has the same meaning as in subsection 83.01(1); (groupe terroriste)

testamentary instrument

acte testamentaire

testamentary instrument includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both; (acte testamentaire)

trustee

fiduciaire

trustee means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol; (fiduciaire)

unfit to stand trial

inaptitude à subir son procès

unfit to stand trial means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to

• (a) understand the nature or object of the proceedings,

• (b) understand the possible consequences of the proceedings, or

• (c) communicate with counsel; (inaptitude à subir son procès)

United Nations operation

opération des Nations Unies

United Nations operation means an operation that is established by the competent organ of the United Nations in accordance with the Charter of the United Nations and is conducted under United Nations authority and control, if the operation is for the purpose of maintaining or restoring international peace and security or if the Security Council or the General Assembly of the United Nations has declared, for the purposes of the Convention on the Safety of United Nations and Associated Personnel, that there exists an exceptional risk to the safety of the personnel participating in the operation. It does not include an operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies; (opération des Nations Unies)

United Nations personnel

personnel des Nations Unies

United Nations personnel means

• (a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or

• (b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted; (personnel des Nations Unies)

valuable mineral

minéraux précieux

valuable mineral means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals; (minéraux précieux)

valuable security

valeur ou effet appréciable

valuable security includes

• (a) an order, exchequer acquittance or other security that entitles or evidences the title of any person

  • (i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or

  • (ii) to a deposit in a financial institution,

• (b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money,

• (c) a document of title to lands or goods wherever situated,

• (d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and

• (e) a release, receipt, discharge or other instrument evidencing payment of money; (valeur ou effet appréciable)

victim

victime

victim includes the victim of an alleged offence; (victime)

weapon

arme

weapon means any thing used, designed to be used or intended for use

• (a) in causing death or injury to any person, or

• (b) for the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes a firearm; (arme)

wreck

épave

wreck includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada; (épave)

writing

écrit

writing includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed. (écrit)

Marginal note:Descriptive cross-references

3 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.

Part I

General

Marginal note:Effect of judicial acts

3.1 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:Postcard a chattel, value

• 4 (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:Attendance for examination

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

Marginal note:Canadian Forces not affected

5 Nothing in this Act affects any law relating to the government of the Canadian Forces.

Marginal note:Presumption of innocence

• 6 (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,

  • (a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and

  • (b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.

• Marginal note:Offences outside Canada

  (2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada.

• Definition of enactment

  (3) In this section, enactment means

  • (a) an Act of Parliament, or

  • (b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,

  or any regulation made thereunder.

Marginal note:Offences committed on aircraft

• 7 (1) Notwithstanding anything in this Act or any other Act, every one who

  • (a) on or in respect of an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

    while the aircraft is in flight, or

  • (b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,

  commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

• Marginal note:Idem

  (2) Notwithstanding this Act or any other Act, every one who

  • (a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),

  • (b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),

  • (c) in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),

  • (d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or

  • (e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,

  shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.

• Marginal note:Offences against fixed platforms or international maritime navigation

  (2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed

  • (a) against or on board a fixed platform attached to the continental shelf of Canada;

  • (b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (c) by a Canadian citizen;

  • (d) by a person who is not a citizen of any state and who ordinarily resides in Canada;

  • (e) by a person who is, after the commission of the offence, present in Canada;

  • (f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or

  • (g) in an attempt to compel the Government of Canada to do or refrain from doing any act.

• Marginal note:Offences against fixed platforms or navigation in the internal waters or territorial sea of another state

  (2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada

  • (a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and

  • (b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is

    • (i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or

    • (ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.

• Marginal note:Space Station — Canadian crew members

  (2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed

  • (a) on, or in relation to, a flight element of the Space Station; or

  • (b) on any means of transportation to or from the Space Station.

• Marginal note:Space Station — crew members of Partner States

  (2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission

  • (a) threatens the life or security of a Canadian crew member; or

  • (b) is committed on or in relation to, or damages, a flight element provided by Canada.

• Marginal note:Proceedings by Attorney General of Canada

  (2.32) Despite the definition “Attorney General” in section 2, the Attorney General of Canada may conduct proceedings in relation to an offence referred to in subsection (2.3) or (2.31). For that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.

• Marginal note:Consent of Attorney General of Canada

  (2.33) No proceedings in relation to an offence referred to in subsection (2.3) or (2.31) may be instituted without the consent of the Attorney General of Canada.

• Marginal note:Definitions

  (2.34) The definitions in this subsection apply in this subsection and in subsections (2.3) and (2.31).

  Agreement

  Accord

  Agreement has the same meaning as in section 2 of the Civil International Space Station Agreement Implementation Act. (Accord)

  Canadian crew member

  membre d’équipage canadien

  Canadian crew member means a crew member of the Space Station who is

  • (a) a Canadian citizen; or

  • (b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage canadien)

  crew member of a Partner State

  membre d’équipage d’un État partenaire

  crew member of a Partner State means a crew member of the Space Station who is

  • (a) a citizen of a Partner State; or

  • (b) a citizen of a state, other than that Partner State, who is authorized by that Partner State to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage d’un État partenaire)

  flight element

  élément de vol

  flight element means a Space Station element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or other implementing arrangement entered into to carry out the Agreement. (élément de vol)

  Partner State

  État partenaire

  Partner State means a State, other than Canada, who contracted to enter into the Agreement and for which the Agreement has entered into force in accordance with article 25 of the Agreement. (État partenaire)

  space flight

  vol spatial

  space flight means the period that begins with the launching of a crew member of the Space Station, continues during their stay in orbit and ends with their landing on earth. (vol spatial)

  Space Station

  station spatiale

  Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States. (station spatiale)

• Marginal note:Offence against internationally protected person

  (3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or

  • (d) the act or omission is against

    • (i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or

    • (ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition “internationally protected person” in section 2.

• Marginal note:Offence of hostage taking

  (3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;

  • (e) a person taken hostage by the act or omission is a Canadian citizen; or

  • (f) the person who commits the act or omission is, after the commission thereof, present in Canada.

• Marginal note:Offences involving nuclear material

  (3.2) Notwithstanding anything in this Act or any other Act, where

  • (a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby

    • (i) causes or is likely to cause the death of, or serious bodily harm to, any person, or

    • (ii) causes or is likely to cause serious damage to, or destruction of, property, and

  • (b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act,

  that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute

  • (a) a conspiracy or an attempt to commit,

  • (b) being an accessory after the fact in relation to, or

  • (c) counselling in relation to,

  an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,

  • (a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,

  • (b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,

  • (c) section 423 in relation to a demand for nuclear material, or

  • (d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material

  shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or

  • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.

• Marginal note:Definition of “nuclear material”

  (3.6) For the purposes of this section, nuclear material means

  • (a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,

  • (b) uranium-233,

  • (c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72 per cent,

  • (d) uranium with an isotopic concentration equal to that occurring in nature, and

  • (e) any substance containing anything described in paragraphs (a) to (d),

  but does not include uranium in the form of ore or ore-residue.

• Marginal note:Jurisdiction

  (3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission is a Canadian citizen;

  • (d) the complainant is a Canadian citizen; or

  • (e) the person who commits the act or omission is, after the commission thereof, present in Canada.

• Marginal note:Offence against United Nations or associated personnel

  (3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

  • (e) the act or omission is committed against a Canadian citizen; or

  • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

• Marginal note:Offence involving explosive or other lethal device

  (3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act,

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations, or

    • (iii) operated for or on behalf of the Government of Canada;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

  • (e) the act or omission is committed against a Canadian citizen;

  • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or

  • (g) the act or omission is committed against a Canadian government or public facility located outside Canada.

• Marginal note:Offence relating to financing of terrorism

  (3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after its commission, present in Canada;

  • (e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;

  • (f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or

  • (g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.

• Marginal note:Terrorism offence committed outside Canada

  (3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition “terrorist activity” in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person

  • (a) is a Canadian citizen;

  • (b) is not a citizen of any state and ordinarily resides in Canada; or

  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.

• Marginal note:Terrorist activity committed outside Canada

  (3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition “terrorist activity” in subsection 83.01(1) is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed against a Canadian citizen;

  • (b) the act or omission is committed against a Canadian government or public facility located outside Canada; or

  • (c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

• (3.76) and (3.77) [Repealed, 2000, c. 24, s. 42]

• Marginal note:Offences by Public Service employees

  (4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

• Marginal note:Offence in relation to sexual offences against children

  (4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

• (4.2) [Repealed, 2002, c. 13, s. 3]

• Marginal note:Consent of Attorney General

  (4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) may only be instituted with the consent of the Attorney General.

• Marginal note:Jurisdiction

  (5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (5.1) For greater certainty, the provisions of this Act relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exceptions to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (5).

• Marginal note:Where previously tried outside Canada

  (6) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, that person shall be deemed to have been so tried and dealt with in Canada.

• Marginal note:If accused not Canadian citizen

  (7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

• Definition of flight and in flight

  (8) For the purposes of this section, of the definition peace officer in section 2 and of sections 27.1, 76 and 77, flight means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of

  • (a) the time at which any such door is opened for the purpose of disembarkation, and

  • (b) where the aircraft makes a forced landing in circumstances in which the owner or operator thereof or a person acting on behalf of either of them is not in control of the aircraft, the time at which control of the aircraft is restored to the owner or operator thereof or a person acting on behalf of either of them.

• Marginal note:Definition of “in service”

  (9) For the purposes of this section and section 77, an aircraft shall be deemed to be in service from the time when pre-flight preparation of the aircraft by ground personnel or the crew thereof begins for a specific flight until

  • (a) the flight is cancelled before the aircraft is in flight,

  • (b) twenty-four hours after the aircraft, having commenced the flight, lands, or

  • (c) the aircraft, having commenced the flight, ceases to be in flight,

  whichever is the latest.

• Marginal note:Certificate as evidence

  (10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.

• Marginal note:Idem

  (11) A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating

  • (a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,

  • (b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or

  • (c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,

  is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.

Marginal note:Application to territories

• 8 (1) The provisions of this Act apply throughout Canada except

  • (a) in Yukon, in so far as they are inconsistent with the Yukon Act;

  • (b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and

  • (c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.

• Marginal note:Application of criminal law of England

  (2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.

• Marginal note:Common law principles continued

  (3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.

Marginal note:Criminal offences to be under law of Canada

9 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730

• (a) of an offence at common law,

• (b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or

• (c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,

but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.

Marginal note:Appeal

• 10 (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal

  • (a) from the conviction; or

  • (b) against the punishment imposed.

• Marginal note:Idem

  (2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal

  • (a) from the conviction; or

  • (b) against the punishment imposed.

• Marginal note:Part XXI applies

  (3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.

Marginal note:Civil remedy not suspended

11 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

Marginal note:Offence punishable under more than one Act

12 Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.

Marginal note:Child under twelve

13 No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.

Marginal note:Consent to death

14 No person is entitled to consent to have death inflicted on him, and such consent does not affect the criminal responsibility of any person by whom death may be inflicted on the person by whom consent is given.

Marginal note:Obedience to de facto law

15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.

Marginal note:Defence of mental disorder

• 16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

• Marginal note:Presumption

  (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

• Marginal note:Burden of proof

  (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

Marginal note:Compulsion by threats

17 A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).

Marginal note:Compulsion of spouse

18 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.

Marginal note:Ignorance of the law

19 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

Marginal note:Certain acts on holidays valid

20 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.

Parties to Offences

Marginal note:Parties to offence

• 21 (1) Every one is a party to an offence who

  • (a) actually commits it;

  • (b) does or omits to do anything for the purpose of aiding any person to commit it; or

  • (c) abets any person in committing it.

• Marginal note:Common intention

  (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

Marginal note:Person counselling offence

• 22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

• Marginal note:Idem

  (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.

• Definition of counsel

  (3) For the purposes of this Act, counsel includes procure, solicit or incite.

Marginal note:Offences of negligence — organizations

22.1 In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if

• (a) acting within the scope of their authority

  • (i) one of its representatives is a party to the offence, or

  • (ii) two or more of its representatives engage in conduct, whether by act or omission, such that, if it had been the conduct of only one representative, that representative would have been a party to the offence; and

• (b) the senior officer who is responsible for the aspect of the organization’s activities that is relevant to the offence departs — or the senior officers, collectively, depart — markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence.

Marginal note:Other offences — organizations

22.2 In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers

• (a) acting within the scope of their authority, is a party to the offence;

• (b) having the mental state required to be a party to the offence and acting within the scope of their authority, directs the work of other representatives of the organization so that they do the act or make the omission specified in the offence; or

• (c) knowing that a representative of the organization is or is about to be a party to the offence, does not take all reasonable measures to stop them from being a party to the offence.

Marginal note:Accessory after the fact

• 23 (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

• (2) [Repealed, 2000, c. 12, s. 92]

Marginal note:Where one party cannot be convicted

23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence.

Marginal note:Attempts

• 24 (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.

• Marginal note:Question of law

  (2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law.

Protection of Persons Administering and Enforcing the Law

Marginal note:Protection of persons acting under authority

• 25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

  • (a) as a private person,

  • (b) as a peace officer or public officer,

  • (c) in aid of a peace officer or public officer, or

  • (d) by virtue of his office,

  is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

• Marginal note:Idem

  (2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

• Marginal note:When not protected

  (3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm.

• Marginal note:When protected

  (4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if

  • (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;

  • (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;

  • (c) the person to be arrested takes flight to avoid arrest;

  • (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and

  • (e) the flight cannot be prevented by reasonable means in a less violent manner.

• Marginal note:Power in case of escape from penitentiary

  (5) A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if

  • (a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and

  • (b) the escape cannot be prevented by reasonable means in a less violent manner.

Marginal note:Definitions

• 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4.

  competent authority

  autorité compétente

  competent authority means, with respect to a public officer or a senior official,

  • (a) in the case of a member of the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness, personally;

  • (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and

  • (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally. (autorité compétente)

  public officer

  fonctionnaire public

  public officer means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament. (fonctionnaire public)

  senior official

  fonctionnaire supérieur

  senior official means a senior official who is responsible for law enforcement and who is designated under subsection (5). (fonctionnaire supérieur)

• Marginal note:Principle

  (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

• Marginal note:Designation of public officers

  (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.

• Marginal note:Condition — civilian oversight

  (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer’s conduct.

• Marginal note:Declaration as evidence

  (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.

• Marginal note:Considerations

  (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity.

• Marginal note:Designation of senior officials

  (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.

• Marginal note:Emergency designation

  (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that

  • (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and

  • (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence.

  The senior official shall without delay notify the competent authority of the designation.

• Marginal note:Conditions

  (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting

  • (a) the duration of the designation;

  • (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and

  • (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit.

• Marginal note:Justification for acts or omissions

  (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer

  • (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity;

  • (b) is designated under subsection (3) or (6); and

  • (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties.

• Marginal note:Requirements for certain acts

  (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she

  • (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer’s law enforcement duties; or

  • (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

    • (i) preserve the life or safety of any person,

    • (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or

    • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.

• Marginal note:Person acting at direction of public officer

  (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

  • (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and

  • (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer’s law enforcement duties.

• Marginal note:Limitation

  (11) Nothing in this section justifies

  • (a) the intentional or criminally negligent causing of death or bodily harm to another person;

  • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or

  • (c) conduct that would violate the sexual integrity of an individual.

• Marginal note:Protection, defences and immunities unaffected

  (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada.

• Marginal note:Compliance with requirements

  (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence.

• Marginal note:Exception: offences under Controlled Drugs and Substances Act

  (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it.

Marginal note:Public officer to file report

25.2 Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission.

Marginal note:Annual report

• 25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority,

  • (a) the number of designations made under subsection 25.1(6) by the senior officials;

  • (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials;

  • (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers;

  • (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and

  • (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).

• Marginal note:Limitation

  (2) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

  • (c) endanger the life or safety of any person;

  • (d) prejudice a legal proceeding; or

  • (e) otherwise be contrary to the public interest.

Marginal note:Written notification to be given

• 25.4 (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission.

• Marginal note:Limitation

  (2) The competent authority may authorize the senior official not to notify the person under subsection (1) until the competent authority is of the opinion that notification would not

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

  • (c) endanger the life or safety of any person;

  • (d) prejudice a legal proceeding; or

  • (e) otherwise be contrary to the public interest.

Marginal note:Excessive force

26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

Marginal note:Use of force to prevent commission of offence

27 Every one is justified in using as much force as is reasonably necessary

• (a) to prevent the commission of an offence

  • (i) for which, if it were committed, the person who committed it might be arrested without warrant, and

  • (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

• (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

Marginal note:Use of force on board an aircraft

• 27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

• Marginal note:Application of this section

  (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

Marginal note:Arrest of wrong person

• 28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

• Marginal note:Person assisting

  (2) Where a person is authorized to execute a warrant to arrest,

  • (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and

  • (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

  is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

Marginal note:Duty of person arresting

• 29 (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

• Marginal note:Notice

  (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

  • (a) the process or warrant under which he makes the arrest; or

  • (b) the reason for the arrest.

• Marginal note:Failure to comply

  (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

Marginal note:Preventing breach of peace

30 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

Marginal note:Arrest for breach of peace

• 31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

• Marginal note:Giving person in charge

  (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

Suppression of Riots

Marginal note:Use of force to suppress riot

• 32 (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

  • (a) is necessary to suppress a riot; and

  • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

• Marginal note:Person bound by military law

  (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.

• Marginal note:Obeying order of peace officer

  (3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

  • (a) he acts in good faith; and

  • (b) the order is not manifestly unlawful.

• Marginal note:Apprehension of serious mischief

  (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,

  • (a) is necessary to suppress the riot; and

  • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

• Marginal note:Question of law

  (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

Marginal note:Duty of officers if rioters do not disperse

• 33 (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.

• Marginal note:Protection of officers

  (2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).

• Marginal note:Section not restrictive

  (3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.

Self-induced Intoxication

Marginal note:When defence not available

• 33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).

• Marginal note:Criminal fault by reason of intoxication

  (2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.

• Marginal note:Application

  (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.

Defence of Person

Marginal note:Self-defence against unprovoked assault

• 34 (1) Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

• Marginal note:Extent of justification

  (2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

  • (a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and

  • (b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

Marginal note:Self-defence in case of aggression

35 Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if

• (a) he uses the force

  • (i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and

  • (ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;

• (b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and

• (c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.

Marginal note:Provocation

36 Provocation includes, for the purposes of sections 34 and 35, provocation by blows, words or gestures.

Marginal note:Preventing assault

• 37 (1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

• Marginal note:Extent of justification

  (2) Nothing in this section shall be deemed to justify the wilful infliction of any hurt or mischief that is excessive, having regard to the nature of the assault that the force used was intended to prevent.

Defence of Property

Marginal note:Defence of personal property

• 38 (1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

  • (a) in preventing a trespasser from taking it, or

  • (b) in taking it from a trespasser who has taken it,

  if he does not strike or cause bodily harm to the trespasser.

• Marginal note:Assault by trespasser

  (2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.

Marginal note:Defence with claim of right

• 39 (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

• Marginal note:Defence without claim of right

  (2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

Marginal note:Defence of dwelling

40 Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

Marginal note:Defence of house or real property

• 41 (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

• Marginal note:Assault by trespasser

  (2) A trespasser who resists an attempt by a person who is in peaceable possession of a dwelling-house or real property, or a person lawfully assisting him or acting under his authority to prevent his entry or to remove him, shall be deemed to commit an assault without justification or provocation.

Marginal note:Assertion of right to house or real property

• 42 (1) Every one is justified in peaceably entering a dwelling-house or real property by day to take possession of it if he, or a person under whose authority he acts, is lawfully entitled to possession of it.

• Marginal note:Assault in case of lawful entry

  (2) Where a person

  • (a) not having peaceable possession of a dwelling-house or real property under a claim of right, or

  • (b) not acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

  assaults a person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be without justification or provocation.

• Marginal note:Trespasser provoking assault

  (3) Where a person

  • (a) having peaceable possession of a dwelling-house or real property under a claim of right, or

  • (b) acting under the authority of a person who has peaceable possession of a dwelling-house or real property under a claim of right,

  assaults any person who is lawfully entitled to possession of it and who is entering it peaceably by day to take possession of it, for the purpose of preventing him from entering, the assault shall be deemed to be provoked by the person who is entering.

Protection of Persons in Authority

Marginal note:Correction of child by force

43 Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

Marginal note:Master of ship maintaining discipline

44 The master or officer in command of a vessel on a voyage is justified in using as much force as he believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the vessel.

Marginal note:Surgical operations

45 Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if

• (a) the operation is performed with reasonable care and skill; and

• (b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case.

PART IIOffences Against Public Order

Treason and other Offences against the Queen’s Authority and Person

Marginal note:High treason

• 46 (1) Every one commits high treason who, in Canada,

  • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

  • (b) levies war against Canada or does any act preparatory thereto; or

  • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

• Marginal note:Treason

  (2) Every one commits treason who, in Canada,

  • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

  • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

  • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

  • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

  • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

• Marginal note:Canadian citizen

  (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

  • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

  • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

• Marginal note:Overt act

  (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

Marginal note:Punishment for high treason

• 47 (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

• Marginal note:Punishment for treason

  (2) Every one who commits treason is guilty of an indictable offence and liable

  • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

  • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

  • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

• Marginal note:Corroboration

  (3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

• Marginal note:Minimum punishment

  (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

Marginal note:Limitation

• 48 (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

• Marginal note:Information for treasonable words

  (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

  • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

  • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

Prohibited Acts

Marginal note:Acts intended to alarm Her Majesty or break public peace

49 Every one who wilfully, in the presence of Her Majesty,

• (a) does an act with intent to alarm Her Majesty or to break the public peace, or

• (b) does an act that is intended or is likely to cause bodily harm to Her Majesty,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason

• 50 (1) Every one commits an offence who

  • (a) incites or wilfully assists a subject of

    • (i) a state that is at war with Canada, or

    • (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

    to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

  • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Intimidating Parliament or legislature

51 Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Sabotage

• 52 (1) Every one who does a prohibited act for a purpose prejudicial to

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

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

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Definition of prohibited act

  (2) In this section, prohibited act means an act or omission that

  • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

  • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

• Marginal note:Saving

  (3) No person does a prohibited act within the meaning of this section by reason only that

  • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

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

  • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

• Marginal note:Idem

  (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

Marginal note:Inciting to mutiny

53 Every one who

• (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

• (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Assisting deserter

54 Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

Marginal note:Evidence of overt acts

55 In proceedings for an offence against any provision in section 47 or sections 49 to 53, no evidence is admissible of an overt act unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out therein.

Marginal note:Offences in relation to members of R.C.M.P.

56 Every one who wilfully

• (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

• (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

• (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

Passports

Marginal note:Forgery of or uttering forged passport

• 57 (1) Every one who, while in or out of Canada,

  • (a) forges a passport, or

  • (b) knowing that a passport is forged

    • (i) uses, deals with or acts on it, or

    • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:False statement in relation to passport

  (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

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

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

• Marginal note:Possession of forged, etc., passport

  (3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Special provisions applicable

  (4) For the purposes of proceedings under this section,

  • (a) the place where a passport was forged is not material; and

  • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

• Definition of passport

  (5) In this section, passport means a document issued by or under the authority of the Minister of Foreign Affairs for the purpose of identifying the holder thereof.

• Marginal note:Jurisdiction

  (6) Where a person is alleged to have committed, while out of Canada, an offence under this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (7) For greater certainty, the provisions of this Act relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exceptions to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (6).

Marginal note:Fraudulent use of certificate of citizenship

• 58 (1) Every one who, while in or out of Canada,

  • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

  • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

• Definition of certificate of citizenship and certificate of naturalization

  (2) In this section, certificate of citizenship and certificate of naturalization, respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

Sedition

Marginal note:Seditious words

• 59 (1) Seditious words are words that express a seditious intention.

• Marginal note:Seditious libel

  (2) A seditious libel is a libel that expresses a seditious intention.

• Marginal note:Seditious conspiracy

  (3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

• Marginal note:Seditious intention

  (4) Without limiting the generality of the meaning of the expression seditious intention, every one shall be presumed to have a seditious intention who

  • (a) teaches or advocates, or

  • (b) publishes or circulates any writing that advocates,

  the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

Marginal note:Exception

60 Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

• (a) to show that Her Majesty has been misled or mistaken in her measures;

• (b) to point out errors or defects in

  • (i) the government or constitution of Canada or a province,

  • (ii) Parliament or the legislature of a province, or

  • (iii) the administration of justice in Canada;

• (c) to procure, by lawful means, the alteration of any matter of government in Canada; or

• (d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

Marginal note:Punishment of seditious offences

61 Every one who

• (a) speaks seditious words,

• (b) publishes a seditious libel, or

• (c) is a party to a seditious conspiracy,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Offences in relation to military forces

• 62 (1) Every one who wilfully

  • (a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

  • (b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

  • (c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Definition of member of a force

  (2) In this section, member of a force means a member of

  • (a) the Canadian Forces; or

  • (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

Unlawful Assemblies and Riots

Marginal note:Unlawful assembly

• 63 (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

  • (a) will disturb the peace tumultuously; or

  • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

• Marginal note:Lawful assembly becoming unlawful

  (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

• Marginal note:Exception

  (3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

Marginal note:Riot

64 A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

Marginal note:Punishment of rioter

65 Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Marginal note:Punishment for unlawful assembly

66 Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

Marginal note:Reading proclamation

67 A person who is

• (a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

• (b) a warden or deputy warden of a prison, or

• (c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person’s deputy,

who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.

Marginal note:Offences related to proclamation

68 Every one is guilty of an indictable offence and liable to imprisonment for life who

• (a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;

• (b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or

• (c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

Marginal note:Neglect by peace officer

69 A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Unlawful Drilling

Marginal note:Orders by Governor in Council

• 70 (1) The Governor in Council may, by proclamation, make orders

  • (a) to prohibit assemblies, without lawful authority, of persons for the purpose

    • (i) of training or drilling themselves,

    • (ii) of being trained or drilled to the use of arms, or

    • (iii) of practising military exercises; or

  • (b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.

• Marginal note:General or special order

  (2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

• Marginal note:Punishment

  (3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Duels

Marginal note:Duelling

71 Every one who

• (a) challenges or attempts by any means to provoke another person to fight a duel,

• (b) attempts to provoke a person to challenge another person to fight a duel, or

• (c) accepts a challenge to fight a duel,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Forcible Entry and Detainer

Marginal note:Forcible entry

• 72 (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

• Marginal note:Matters not material

  (1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.

• Marginal note:Forcible detainer

  (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.

• Marginal note:Questions of law

  (3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.

Marginal note:Punishment

73 Every person who commits forcible entry or forcible detainer is guilty of

• (a) an offence punishable on summary conviction; or

• (b) an indictable offence and liable to imprisonment for a term not exceeding two years.

Piracy

Marginal note:Piracy by law of nations

• 74 (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

• Marginal note:Punishment

  (2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Piratical acts

75 Every one who, while in or out of Canada,

• (a) steals a Canadian ship,

• (b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,

• (c) does or attempts to do a mutinous act on a Canadian ship, or

• (d) counsels a person to do anything mentioned in paragraph (a), (b) or (c),

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Offences against Air or Maritime Safety

Marginal note:Hijacking

76 Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent

• (a) to cause any person on board the aircraft to be confined or imprisoned against his will,

• (b) to cause any person on board the aircraft to be transported against his will to any place other than the next scheduled place of landing of the aircraft,

• (c) to hold any person on board the aircraft for ransom or to service against his will, or

• (d) to cause the aircraft to deviate in a material respect from its flight plan,

is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Endangering safety of aircraft or airport

77 Every one who

• (a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,

• (b) using a weapon, commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death and that endangers or is likely to endanger safety at the airport,

• (c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,

• (d) places or causes to be placed on board an aircraft in service anything that is likely to cause damage to the aircraft, that will render it incapable of flight or that is likely to endanger the safety of the aircraft in flight,

• (e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,

• (f) using a weapon, substance or device, destroys or causes serious damage to the facilities of an airport serving international civil aviation or to any aircraft not in service located there, or causes disruption of services of the airport, that endangers or is likely to endanger safety at the airport, or

• (g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,

is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Offensive weapons and explosive substances

• 78 (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance

  • (a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or

  • (b) with the consent referred to in paragraph (a) but without complying with all terms and conditions on which the consent was given,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Definition of civil aircraft

  (2) For the purposes of this section, civil aircraft means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

Marginal note:Seizing control of ship or fixed platform

• 78.1 (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Endangering safety of ship or fixed platform

  (2) Every one who

  • (a) commits an act of violence against a person on board a ship or fixed platform,

  • (b) destroys or causes damage to a ship or its cargo or to a fixed platform,

  • (c) destroys or causes serious damage to or interferes with the operation of any maritime navigational facility, or

  • (d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to the fixed platform,

  where that act is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:False communication

  (3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Threats causing death or injury

  (4) Every one who threatens to commit an offence under paragraph (2)(a), (b) or (c) in order to compel a person to do or refrain from doing any act, where the threat is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Definitions

  (5) In this section,

  fixed platform

  fixed platform means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes; (plate-forme fixe)

  ship

  ship means every description of vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes or a ship that has been withdrawn from navigation or is laid up. (navire)

Dangerous Substances

Marginal note:Duty of care re explosive

79 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.

Marginal note:Breach of duty

80 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.

Marginal note:Using explosives

• 81 (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.

Marginal note:Possession without lawful excuse

• 82 (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

• Marginal note:Possession in association with criminal organization

  (2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person 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 not exceeding fourteen years.

Marginal note:Sentences to be served consecutively

82.1 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).

Prize Fights

Marginal note:Engaging in prize fight

• 83 (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 or hands between two persons who have met for that purpose by previous arrangement made by or for them, but a boxing contest between amateur sportsmen, where the contestants wear boxing gloves of not less than one hundred and forty grams each in mass, or any boxing contest held with the permission or under the authority of an athletic board or commission or similar body established by or under the authority of the legislature of a province for the control of sport within the province, shall be deemed not to be a prize fight.

PART II.1Terrorism

Interpretation

Marginal note:Definitions

• 83.01 (1) The following definitions apply in this Part.

  Canadian

  Canadien

  Canadian means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province. (Canadien)

  entity

  entité

  entity means a person, group, trust, partnership or fund or an unincorporated association or organization. (entité)

  listed entity

  entité inscrite

  listed entity means an entity on a list established by the Governor in Council under section 83.05. (entité inscrite)

  terrorist activity

  activité terroriste

  terrorist activity means

  • (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:

    • (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,

    • (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,

    • (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,

    • (iv) the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,

    • (v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,

    • (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,

    • (vii) the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,

    • (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,

    • (ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and

    • (x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or

  • (b) an act or omission, in or outside Canada,

    • (i) that is committed

      • (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

      • (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

    • (ii) that intentionally

      • (A) causes death or serious bodily harm to a person by the use of violence,

      • (B) endangers a person’s life,

      • (C) causes a serious risk to the health or safety of the public or any segment of the public,

      • (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

      • (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

  and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission 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 the 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. (activité terroriste)

  terrorist group

  groupe terroriste

  terrorist group means

  • (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

  • (b) a listed entity,

  and includes an association of such entities. (groupe terroriste)

• Marginal note:For greater certainty

  (1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition terrorist activity in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.

• Marginal note:Facilitation

  (2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

Financing of Terrorism

Marginal note:Providing or collecting property for certain activities

83.02 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

• (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of terrorist activity in subsection 83.01(1), or

• (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Marginal note:Providing, making available, etc., property or services for terrorist purposes

83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

• (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

• (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Marginal note:Using or possessing property for terrorist purposes

83.04 Every one who

• (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or

• (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

List of Entities

Marginal note:Establishment of list

• 83.05 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that

  • (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or

  • (b) the entity is knowingly acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

• Marginal note:Recommendation

  (1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).

• Marginal note:Application to Minister

  (2) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.

• Marginal note:Deeming

  (3) If the Minister does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity.

• Marginal note:Notice of the decision to the applicant

  (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

• Marginal note:Judicial review

  (5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

• Marginal note:Reference

  (6) When an application is made under subsection (5), the judge shall, without delay

  • (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

  • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

  • (c) provide the applicant with a reasonable opportunity to be heard; and

  • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.

• Marginal note:Evidence

  (6.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

• Marginal note:Publication

  (7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

• Marginal note:New application

  (8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (9).

• Marginal note:Review of list

  (9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list.

• Marginal note:Completion of review

  (10) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.

• Definition of judge

  (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Marginal note:Admission of foreign information obtained in confidence

• 83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

  • (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

  • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

• Marginal note:Return of information

  (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if

  • (a) the judge determines that the information is not relevant;

  • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or

  • (c) the Minister withdraws the application.

• Marginal note:Use of information

  (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.

Marginal note:Mistaken identity

• 83.07 (1) An entity claiming not to be a listed entity may apply to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not a listed entity.

• Marginal note:Issuance of certificate

  (2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity.

Freezing of Property

Marginal note:Freezing of property

• 83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;

  • (b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or

  • (c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group.

• Marginal note:No civil liability

  (2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.

Marginal note:Exemptions

• 83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions.

• Marginal note:Ministerial authorization

  (2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it.

• Marginal note:Existing equities maintained

  (3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen.

• Marginal note:Third party involvement

  (4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

Marginal note:Disclosure

• 83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose forthwith to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

  • (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and

  • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

• Marginal note:Immunity

  (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

Marginal note:Audit

• 83.11 (1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity:

  • (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

  • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

  • (c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

  • (c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act;

  • (c.2) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

  • (d) companies to which the Trust and Loan Companies Act applies;

  • (e) trust companies regulated by a provincial Act;

  • (f) loan companies regulated by a provincial Act; and

  • (g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

• Marginal note:Monthly report

  (2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either

  • (a) that it is not in possession or control of any property referred to in subsection (1), or

  • (b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.

• Marginal note:Immunity

  (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

  • (b) specifying a period for the purposes of subsection (2).

Marginal note:Offences — freezing of property, disclosure or audit

• 83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

  • (b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

• Marginal note:No contravention

  (2) No person contravenes section 83.1 if they make the disclosure referred to in that section only to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service.

Seizure and Restraint of Property

Marginal note:Seizure and restraint of assets

• 83.13 (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue

  • (a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or

  • (b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

• Marginal note:Contents of application

  (1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

• Marginal note:Appointment of manager

  (2) On an application under subsection (1), at the request of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

  • (a) appoint a person to take control of, and to manage or otherwise deal with, all or part of the property in accordance with the directions of the judge; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (4) The power to manage or otherwise deal with property under subsection (2) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to sell that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)(b), he or she shall apply to a judge of the Federal Court for a destruction order.

• Marginal note:Notice

  (6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.

• Marginal note:Order

  (8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.

• Marginal note:When management order ceases to have effect

  (9) A management order ceases to have effect when the property that is the subject of the management order is returned to an applicant in accordance with the law or forfeited to Her Majesty.

• Marginal note:Application to vary

  (10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).

• Marginal note:Procedure

  (11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsections 487(3) and (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under paragraph (1)(a).

• Marginal note:Procedure

  (12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b).

Forfeiture of Property

Marginal note:Application for order of forfeiture

• 83.14 (1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of

  • (a) property owned or controlled by or on behalf of a terrorist group; or

  • (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

• Marginal note:Contents of application

  (2) An affidavit in support of an application by the Attorney General under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

• Marginal note:Respondents

  (3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

• Marginal note:Notice

  (4) The Attorney General shall give notice of an application under subsection (1) to named respondents in such a manner as the judge directs or as provided in the rules of the Federal Court.

• Marginal note:Granting of forfeiture order

  (5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

• Marginal note:Use of proceeds

  (5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

• Marginal note:Regulations

  (5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.

• Marginal note:Order refusing forfeiture

  (6) Where a judge refuses an application under subsection (1) in respect of any property, the judge shall make an order that describes the property and declares that it is not property referred to in that subsection.

• Marginal note:Notice

  (7) On an application under subsection (1), a judge may require notice to be given to any person who, in the opinion of the Court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

• Marginal note:Third party interests

  (8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.

• Marginal note:Dwelling-house

  (9) Where all or part of property that is the subject of an application under subsection (1) is a dwelling-house, the judge shall also consider

  • (a) the impact of an order of forfeiture on any member of the immediate family of the person who owns or controls the dwelling-house, if the dwelling-house was the member’s principal residence at the time the dwelling-house was ordered restrained or at the time the forfeiture application was made and continues to be the member’s principal residence; and

  • (b) whether the member appears innocent of any complicity or collusion in the terrorist activity.

• Marginal note:Motion to vary or set aside

  (10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

• Marginal note:No extension of time

  (11) The Court may not extend the period set out in subsection (10).

Marginal note:Disposition of property

83.15 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

Marginal note:Interim preservation rights

• 83.16 (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity.

• Marginal note:Appeal of refusal to grant order

  (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

Marginal note:Other forfeiture provisions unaffected

• 83.17 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

• Marginal note:Priority for restitution to victims of crime

  (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group

• 83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) a terrorist group actually facilitates or carries out a terrorist activity;

  • (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

• Marginal note:Meaning of participating or contributing

  (3) Participating in or contributing to an activity of a terrorist group includes

  • (a) providing, receiving or recruiting a person to receive training;

  • (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

  • (c) recruiting a person in order to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

  • (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

  • (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

• Marginal note:Factors

  (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

  • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

  • (b) frequently associates with any of the persons who constitute the terrorist group;

  • (c) receives any benefit from the terrorist group; or

  • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

Marginal note:Facilitating terrorist activity

• 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Facilitation

  (2) For the purposes of this Part, a terrorist activity is facilitated whether or not

  • (a) the facilitator knows that a particular terrorist activity is facilitated;

  • (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

  • (c) any terrorist activity was actually carried out.

Marginal note:Commission of offence for terrorist group

83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Instructing to carry out activity for terrorist group

• 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the activity that the accused instructs to be carried out is actually carried out;

  • (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);

  • (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

  • (e) a terrorist group actually facilitates or carries out a terrorist activity;

  • (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Marginal note:Instructing to carry out terrorist activity

• 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the terrorist activity is actually carried out;

  • (b) the accused instructs a particular person to carry out the terrorist activity;

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

  • (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

Marginal note:Harbouring or concealing

83.23 Every one who knowingly harbours or conceals any person whom he or she knows to be a person who has carried out or is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Hoax Regarding Terrorist Activity

Marginal note:Hoax — terrorist activity

• 83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,

  • (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or

  • (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.

• Marginal note:Punishment

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

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

  • (b) an offence punishable on summary conviction.

• Marginal note:Causing bodily harm

  (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of

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

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

• Marginal note:Causing death

  (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

Proceedings and Aggravated Punishment

Marginal note:Attorney General’s consent

83.24 Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.

Marginal note:Jurisdiction

• 83.25 (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

• Marginal note:Trial and punishment

  (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

Marginal note:Sentences to be served consecutively

83.26 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

• (a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

Marginal note:Punishment for terrorist activity

• 83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

• Marginal note:Offender must be notified

  (2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.

Investigative Hearing

Definition of judge

• 83.28 (1) In this section and section 83.29, judge means a provincial court judge or a judge of a superior court of criminal jurisdiction.

• Marginal note:Order for gathering evidence

  (2) Subject to subsection (3), a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.

• Marginal note:Attorney General’s consent

  (3) A peace officer may make an application under subsection (2) only if the prior consent of the Attorney General was obtained.

• Marginal note:Making of order

  (4) A judge to whom an application is made under subsection (2) may make an order for the gathering of information if the judge is satisfied that the consent of the Attorney General was obtained as required by subsection (3) and

  • (a) that there are reasonable grounds to believe that

    • (i) a terrorism offence has been committed, and

    • (ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order; or

  • (b) that

    • (i) there are reasonable grounds to believe that a terrorism offence will be committed,

    • (ii) there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence referred to in that subparagraph, and

    • (iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) from the person referred to in that subparagraph.

• Marginal note:Contents of order

  (5) An order made under subsection (4) may

  • (a) order the examination, on oath or not, of a person named in the order;

  • (b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph (d), as the case may be, for the examination and to remain in attendance until excused by the presiding judge;

  • (c) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;

  • (d) designate another judge as the judge before whom the examination is to take place; and

  • (e) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.

• Marginal note:Execution of order

  (6) An order made under subsection (4) may be executed anywhere in Canada.

• Marginal note:Variation of order

  (7) The judge who made the order under subsection (4), or another judge of the same court, may vary its terms and conditions.

• Marginal note:Obligation to answer questions and produce things

  (8) A person named in an order made under subsection (4) shall answer questions put to the person by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to non-disclosure of information or to privilege.

• Marginal note:Judge to rule

  (9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.

• Marginal note:No person excused from complying with subsection (8)

  (10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate the person or subject the person to any proceeding or penalty, but

  • (a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136; and

  • (b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136.

• Marginal note:Right to counsel

  (11) A person has the right to retain and instruct counsel at any stage of the proceedings.

• Marginal note:Order for custody of thing

  (12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, shall order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.

Marginal note:Arrest warrant

• 83.29 (1) The judge who made the order under subsection 83.28(4), or another judge of the same court, may issue a warrant for the arrest of the person named in the order if the judge is satisfied, on an information in writing and under oath, that the person

  • (a) is evading service of the order;

  • (b) is about to abscond; or

  • (c) did not attend the examination, or did not remain in attendance, as required by the order.

• Marginal note:Execution of warrant

  (2) A warrant issued under subsection (1) may be executed at any place in Canada by any peace officer having jurisdiction in that place.

• Marginal note:Person to be brought before judge

  (3) A peace officer who arrests a person in the execution of a warrant issued under subsection (1) shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

Recognizance with Conditions

Marginal note:Attorney General’s consent required to lay information

• 83.3 (1) The consent of the Attorney General is required before a peace officer may lay an information under subsection (2).

• Marginal note:Terrorist activity

  (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

  • (a) believes on reasonable grounds that a terrorist activity will be carried out; and

  • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

• Marginal note:Appearance

  (3) A provincial court judge who receives an information under subsection (2) may cause the person to appear before the provincial court judge.

• Marginal note:Arrest without warrant

  (4) Notwithstanding subsections (2) and (3), if

  • (a) either

    • (i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or

    • (ii) an information has been laid under subsection (2) and a summons has been issued, and

  • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary in order to prevent a terrorist activity,

  the peace officer may arrest the person without warrant and cause the person to be detained in custody, to be taken before a provincial court judge in accordance with subsection (6).

• Marginal note:Duty of peace officer

  (5) If a peace officer arrests a person without warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b),

  • (a) lay an information in accordance with subsection (2); or

  • (b) release the person.

• Marginal note:When person to be taken before judge

  (6) A person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

  • (a) if a provincial court judge is available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period, and

  • (b) if a provincial court judge is not available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as possible,

  unless, at any time before the expiry of the time prescribed in paragraph (a) or (b) for taking the person before a provincial court judge, the peace officer, or an officer in charge within the meaning of Part XV, is satisfied that the person should be released from custody unconditionally, and so releases the person.

• Marginal note:How person dealt with

  (7) When a person is taken before a provincial court judge under subsection (6),

  • (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

  • (b) if an information has been laid under subsection (2),

    • (i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the detention of the person in custody is justified on one or more of the following grounds:

      • (A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

      • (B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

        • (I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

        • (II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

      • (C) any other just cause and, without limiting the generality of the foregoing, that the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

    • (ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed forty-eight hours.

• Marginal note:Hearing before judge

  (8) The provincial court judge before whom the person appears pursuant to subsection (3)

  • (a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the provincial court judge considers desirable for preventing the carrying out of a terrorist activity; and

  • (b) if the person was not released under subparagraph (7)(b)(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

• Marginal note:Refusal to enter into recognizance

  (9) The provincial court judge may commit the person to prison for a term not exceeding twelve months if the person fails or refuses to enter into the recognizance.

• Marginal note:Conditions — firearms

  (10) Before making an order under paragraph (8)(a), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.

• Marginal note:Surrender, etc.

  (11) If the provincial court judge adds a condition described in subsection (10) to a recognizance, the provincial court judge shall specify in the recognizance the manner and method by which

  • (a) the things referred to in that subsection that are in the possession of the person shall be surrendered, disposed of, detained, stored or dealt with; and

  • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

• Marginal note:Reasons

  (12) If the provincial court judge does not add a condition described in subsection (10) to a recognizance, the provincial court judge shall include in the record a statement of the reasons for not adding the condition.

• Marginal note:Variance of conditions

  (13) The provincial court judge may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.

• Marginal note:Other provisions to apply

  (14) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to proceedings under this section.

Marginal note:Annual report (sections 83.28 and 83.29)

• 83.31 (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

  • (a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

  • (b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

  • (c) the number of arrests that were made with a warrant issued under section 83.29.

• Marginal note:Annual report (section 83.3)

  (2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

  • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

  • (c) the number of cases where a person was not released under subsection 83.3(7) pending a hearing;

  • (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

  • (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

  • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

• Marginal note:Annual report (section 83.3)

  (3) The Minister of Public Safety and Emergency Preparedness shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

  • (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

    • (i) by a peace officer under paragraph 83.3(5)(b), or

    • (ii) by a judge under paragraph 83.3(7)(a).

• Marginal note:Limitation

  (4) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) endanger the life or safety of any person;

  • (c) prejudice a legal proceeding; or

  • (d) otherwise be contrary to the public interest.

Marginal note:Sunset provision

• 83.32 (1) Sections 83.28, 83.29 and 83.3 cease to apply at the end of the fifteenth sitting day of Parliament after December 31, 2006 unless, before the end of that day, the application of those sections is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

• Marginal note:Order in Council

  (2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of the application of sections 83.28, 83.29 and 83.3 and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

• Marginal note:Rules

  (3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

• Marginal note:Subsequent extensions

  (4) The application of sections 83.28, 83.29 and 83.3 may be further extended in accordance with the procedure set out in this section, with the words “December 31, 2006” in subsection (1) read as “the expiration of the most recent extension under this section”.

• Definition of sitting day of Parliament

  (5) In subsection (1), sitting day of Parliament means a day on which both Houses of Parliament sit.

Marginal note:Transitional provision

• 83.33 (1) In the event that sections 83.28 and 83.29 cease to apply pursuant to section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to apply.

• Marginal note:Transitional provision

  (2) In the event that section 83.3 ceases to apply pursuant to section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to apply, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to apply.

PART IIIFirearms and Other Weapons

Interpretation

Marginal note:Definitions

• 84 (1) In this Part and subsections 491(1), 515(4.1) and (4.11) and 810(3.1) and (3.11),

  ammunition

  munitions

  ammunition means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell; (munitions)

  antique firearm

  arme à feu historique

  antique firearm means

  • (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or

  • (b) any firearm that is prescribed to be an antique firearm; (arme à feu historique)

  authorization

  autorisation

  authorization means an authorization issued under the Firearms Act; (autorisation)

  automatic firearm

  arme automatique

  automatic firearm means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger; (arme automatique)

  cartridge magazine

  chargeur

  cartridge magazine means a device or container from which ammunition may be fed into the firing chamber of a firearm; (chargeur)

  chief firearms officer

  contrôleur des armes à feu

  chief firearms officer means a chief firearms officer as defined in subsection 2(1) of the Firearms Act; (contrôleur des armes à feu)

  Commissioner of Firearms

  commissaire aux armes à feu

  Commissioner of Firearms means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act; (commissaire aux armes à feu)

  cross-bow

  arbalète

  cross-bow means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person; (arbalète)

  export

  exporter

  export means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada; (exporter)

  firearms officer

  préposé aux armes à feu

  firearms officer means a firearms officer as defined in subsection 2(1) of the Firearms Act; (préposé aux armes à feu)

  handgun

  arme de poing

  handgun means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; (arme de poing)

  imitation firearm

  fausse arme à feu

  imitation firearm means any thing that imitates a firearm, and includes a replica firearm; (fausse arme à feu)

  import

  importer

  import means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada; (importer)

  licence

  permis

  licence means a licence issued under the Firearms Act; (permis)

  prescribed

  Version anglaise seulement

  prescribed means prescribed by the regulations; (Version anglaise seulement)

  prohibited ammunition

  munitions prohibées

  prohibited ammunition means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; (munitions prohibées)

  prohibited device

  dispositif prohibé

  prohibited device means

  • (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

  • (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

  • (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

  • (d) a cartridge magazine that is prescribed to be a prohibited device, or

  • (e) a replica firearm; (dispositif prohibé)

  prohibited firearm

  arme à feu prohibée

  prohibited firearm means

  • (a) a handgun that

    • (i) has a barrel equal to or less than 105 mm in length, or

    • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

    but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

  • (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

    • (i) is less than 660 mm in length, or

    • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

  • (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

  • (d) any firearm that is prescribed to be a prohibited firearm; (arme à feu prohibée)

  prohibited weapon

  arme prohibée

  prohibited weapon means

  • (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

  • (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (arme prohibée)

  prohibition order

  ordonnance d’interdiction

  prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)

  Registrar

  directeur

  Registrar means the Registrar of Firearms appointed under section 82 of the Firearms Act; (directeur)

  registration certificate

  certificat d’enregistrement

  registration certificate means a registration certificate issued under the Firearms Act; (certificat d’enregistrement)

  replica firearm

  réplique

  replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

  restricted firearm

  arme à feu à autorisation restreinte

  restricted firearmmeans

  • (a) a handgun that is not a prohibited firearm,

  • (b) a firearm that

    • (i) is not a prohibited firearm,

    • (ii) has a barrel less than 470 mm in length, and

    • (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

  • (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

  • (d) a firearm of any other kind that is prescribed to be a restricted firearm; (arme à feu à autorisation restreinte)

  restricted weapon

  arme à autorisation restreinte

  restricted weapon means any weapon, other than a firearm, that is prescribed to be a restricted weapon; (arme à autorisation restreinte)

  superior court

  cour supérieure

  superior court means

  • (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

  • (b) in Quebec, the Superior Court,

  • (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench,

  • (d) in Nova Scotia, British Columbia and a territory, the Supreme Court, and

  • (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court; (cour supérieure)

  transfer

  cession

  transfer means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. (cession)

• Marginal note:Barrel length

  (2) For the purposes of this Part, the length of a barrel of a firearm is

  • (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and

  • (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

  but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.

• Marginal note:Certain weapons deemed not to be firearms

  (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

  • (a) any antique firearm;

  • (b) any device that is

    • (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and

    • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

  • (c) any shooting device that is

    • (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and

    • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

  • (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

    • (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

    • (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

• Marginal note:Exception — antique firearms

  (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act.

• Marginal note:Meaning of “holder”

  (4) For the purposes of this Part, a person is the holder of

  • (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and

  • (b) a registration certificate for a firearm if

    • (i) the registration certificate has been issued to the person and the person continues to hold it, or

    • (ii) the person possesses the registration certificate with the permission of its lawful holder.

Use Offences

Marginal note:Using firearm in commission of offence

• 85 (1) Every person commits an offence who uses a firearm

  • (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent — firearm), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

  • (b) while attempting to commit an indictable offence, or

  • (c) during flight after committing or attempting to commit an indictable offence,

  whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm.

• Marginal note:Using imitation firearm in commission of offence

  (2) Every person commits an offence who uses an imitation firearm

  • (a) while committing an indictable offence,

  • (b) while attempting to commit an indictable offence, or

  • (c) during flight after committing or attempting to commit an indictable offence,

  whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

• Marginal note:Punishment

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

  • (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year;

  • (b) in the case of a first offence committed by a person who, before January 1, 1978, was convicted of an indictable offence, or an attempt to commit an indictable offence, in the course of which or during flight after the commission or attempted commission of which the person used a firearm, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years; and

  • (c) in the case of a second or subsequent offence, to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of three years.

• Marginal note:Sentences to be served consecutively

  (4) A sentence imposed on a person for an offence under subsection (1) or (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 (1) or (2).

Marginal note:Careless use of firearm, etc.

• 86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

• Marginal note:Contravention of storage regulations, etc.

  (2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2)

  • (a) is guilty of an indictable offence and liable to imprisonment

    • (i) in the case of a first offence, for a term not exceeding two years, and

    • (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

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

Marginal note:Pointing a firearm

• 87 (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Possession Offences

Marginal note:Possession of weapon for dangerous purpose

• 88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Marginal note:Carrying weapon while attending public meeting

• 89 (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Carrying concealed weapon

• 90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Marginal note:Unauthorized possession of firearm

• 91 (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm, unless the person is the holder of

  • (a) a licence under which the person may possess it; and

  • (b) a registration certificate for the firearm.

• Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

  (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless the person is the holder of a licence under which the person may possess it.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2)

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

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

• Marginal note:Exceptions

  (4) Subsections (1) and (2) do not apply to

  • (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

    • (i) lawfully disposes of it, or

    • (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.

• Marginal note:Borrowed firearm for sustenance

  (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

  • (a) has borrowed the firearm;

  • (b) is the holder of a licence under which the person may possess it; and

  • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

Marginal note:Possession of firearm knowing its possession is unauthorized

• 92 (1) Subject to subsections (4) and (5) and section 98, every person commits an offence who possesses a firearm knowing that the person is not the holder of

  • (a) a licence under which the person may possess it; and

  • (b) a registration certificate for the firearm.

• Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

  (2) Subject to subsection (4) and section 98, every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

• Marginal note:Punishment

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

  • (a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

  • (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

  • (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

• Marginal note:Exceptions

  (4) Subsections (1) and (2) do not apply to

  • (a) a person who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

  • (b) a person who comes into possession of a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

    • (i) lawfully disposes of it, or

    • (ii) obtains a licence under which the person may possess it and, in the case of a firearm, a registration certificate for the firearm.

• Marginal note:Borrowed firearm for sustenance

  (5) Subsection (1) does not apply to a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

  • (a) has borrowed the firearm;

  • (b) is the holder of a licence under which the person may possess it; and

  • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

• Marginal note:Evidence for previous conviction

  (6) Where a person is charged with an offence under subsection (1), evidence that the person was convicted of an offence under subsection 112(1) of the Firearms Act is admissible at any stage of the proceedings and may be taken into consideration for the purpose of proving that the person knew that the person was not the holder of a registration certificate for the firearm to which the offence relates.

Marginal note:Possession at unauthorized place

• 93 (1) Subject to subsection (3) and section 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is

  • (a) indicated on the authorization or licence as being a place where the person may not possess it;

  • (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

  • (c) other than a place where it may be possessed under the Firearms Act.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who possesses a replica firearm.

Marginal note:Unauthorized possession in motor vehicle

• 94 (1) Subject to subsections (3) to (5) and section 98, every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

  • (a) in the case of a firearm,

    • (i) the person or any other occupant of the motor vehicle is the holder of

      • (A) an authorization or a licence under which the person or other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

      • (B) a registration certificate for the firearm,

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

      • (A) an authorization or a licence under which that other occupant may possess the firearm and, in the case of a prohibited firearm or a restricted firearm, transport the prohibited firearm or restricted firearm, and

      • (B) a registration certificate for the firearm, or

    • (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

  • (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

    • (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was

      • (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

      • (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

• Marginal note:Exception

  (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

• Marginal note:Exception

  (4) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition by the operation of law.

• Marginal note:Borrowed firearm for sustenance

  (5) Subsection (1) does not apply to an occupant of a motor vehicle where the occupant or any other occupant of the motor vehicle is a person who possesses a firearm that is neither a prohibited firearm nor a restricted firearm and who is not the holder of a registration certificate for the firearm if the person

  • (a) has borrowed the firearm;

  • (b) is the holder of a licence under which the person may possess it; and

  • (c) is in possession of the firearm to hunt or trap in order to sustain the person or the person’s family.

Marginal note:Possession of prohibited or restricted firearm with ammunition

• 95 (1) Subject to subsection (3) and section 98, every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

  • (a) an authorization or a licence under which the person may possess the firearm in that place; and

  • (b) the registration certificate for the firearm.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.

Marginal note:Possession of weapon obtained by commission of offence

• 96 (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

• Marginal note:Exception

  (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.

97 [Not in force]

Marginal note:Transitional — licences

• 98 (1) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm without a firearms acquisition certificate because

  • (a) the person possessed the firearm before January 1, 1979, or

  • (b) the firearms acquisition certificate under which the person had acquired the firearm had expired,

  shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm.

• Marginal note:Transitional — licences

  (2) Every person who, immediately before the coming into force of any of subsections 91(1), 92(1), 93(1), 94(1) and 95(1), possessed a firearm and was the holder of a firearms acquisition certificate shall be deemed for the purposes of that subsection to be, until January 1, 2001 or such other earlier date as is prescribed, the holder of a licence under which the person may possess the firearm.

• Marginal note:Transitional — registration certificates

  (3) Every person who, at any particular time between the coming into force of subsection 91(1), 92(1) or 94(1) and the later of January 1, 1998 and such other date as is prescribed, possesses a firearm that, as of that particular time, is not a prohibited firearm or a restricted firearm shall be deemed for the purposes of that subsection to be, until January 1, 2003 or such other earlier date as is prescribed, the holder of a registration certificate for that firearm.

Trafficking Offences

Marginal note:Weapons trafficking

• 99 (1) Every person commits an offence who

  • (a) manufactures or transfers, whether or not for consideration, or

  • (b) offers to do anything referred to in paragraph (a) in respect of

  a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Possession for purpose of weapons trafficking

• 100 (1) Every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

  • (a) transferring it, whether or not for consideration, or

  • (b) offering to transfer it,

  knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

Marginal note:Transfer without authority

• 101 (1) Every person commits an offence who transfers a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Assembling Offence

Marginal note:Making automatic firearm

• 102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

Export and Import Offences

Marginal note:Importing or exporting knowing it is unauthorized

• 103 (1) Every person commits an offence who imports or exports

  • (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

  • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

  knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year.

• Marginal note:Attorney General of Canada may act

  (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

Marginal note:Unauthorized importing or exporting

• 104 (1) Every person commits an offence who imports or exports

  • (a) a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

  • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

  otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

• Marginal note:Attorney General of Canada may act

  (3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Marginal note:Losing or finding

• 105 (1) Every person commits an offence who

  • (a) having lost a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person’s possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

  • (b) on finding a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Marginal note:Destroying

• 106 (1) Every person commits an offence who

  • (a) after destroying any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

  • (b) on becoming aware of the destruction of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person’s possession before its destruction,

  does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

Marginal note:False statements

• 107 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

• Definition of report or statement

  (3) In this section, report or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

Marginal note:Tampering with serial number

• 108 (1) Every person commits an offence who, without lawful excuse, the proof of which lies on the person,

  • (a) alters, defaces or removes a serial number on a firearm; or

  • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1)

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

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

• Marginal note:Exception

  (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a firearm the serial number on which has been altered, defaced or removed, where that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

• Marginal note:Evidence

  (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

Prohibition Orders

Marginal note:Mandatory prohibition order

• 109 (1) Where a person is convicted, or discharged under section 730, of

  • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

  • (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

  • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or

  • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

  the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

• Marginal note:Duration of prohibition order — first offence

  (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

  • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

    • (i) begins on the day on which the order is made, and

    • (ii) ends not earlier than ten years after the person’s release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence; and

  • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

• Marginal note:Duration of prohibition order — subsequent offences

  (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

• Definition of release from imprisonment

  (4) In subparagraph (2)(a)(ii), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

• Marginal note:Application of ss. 113 to 117

  (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

Marginal note:Discretionary prohibition order

• 110 (1) Where a person is convicted, or discharged under section 730, of

  • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a), (b) and (c), in the commission of which violence against a person was used, threatened or attempted, or

  • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

  the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

• Marginal note:Duration of prohibition order

  (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person’s release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person’s conviction for or discharge from the offence.

• Marginal note:Reasons

  (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court’s reasons for not doing so.

• Definition of release from imprisonment

  (4) In subsection (2), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

• Marginal note:Application of ss. 113 to 117

  (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

Marginal note:Application for prohibition order

• 111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

• Marginal note:Date for hearing and notice

  (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

• Marginal note:Hearing of application

  (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

• Marginal note:Where hearing may proceed ex parte

  (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

• Marginal note:Prohibition order

  (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made.

• Marginal note:Reasons

  (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court’s reasons.

• Marginal note:Application of ss. 113 to 117

  (7) Sections 113 to 117 apply in respect of every order made under subsection (5).

• Marginal note:Appeal by person or Attorney General

  (8) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

• Marginal note:Appeal by Attorney General

  (9) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

• Marginal note:Application of Part XXVII to appeals

  (10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

• Definition of provincial court judge

  (11) In this section and sections 112, 117.011 and 117.012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.

Marginal note:Revocation of prohibition order under s. 111(5)

112 A provincial court judge may, on application by the person against whom an order is made under subsection 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

Marginal note:Lifting of prohibition order for sustenance or employment

• 113 (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that

  • (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person’s family, or

  • (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,

  the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

• Marginal note:Factors

  (2) A competent authority may make an order under subsection (1) only after taking the following factors into account:

  • (a) the criminal record, if any, of the person;

  • (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and

  • (c) the safety of the person and of other persons.

• Marginal note:Effect of order

  (3) Where an order is made under subsection (1),

  • (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

  • (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order.

• Marginal note:When order can be made

  (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3).

• Meaning of competent authority

  (5) In this section, competent authority means the competent authority that made or has jurisdiction to make the prohibition order.

Marginal note:Requirement to surrender

114 A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer

• (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

• (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person.

Marginal note:Forfeiture

• 115 (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person is forfeited to Her Majesty.

• Marginal note:Exception

  (1.1) Subsection (1) does not apply in respect of an order made under section 515.

• Marginal note:Disposal

  (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Attorney General directs.

Marginal note:Authorizations revoked or amended

• 116 (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

• Marginal note:Duration of revocation or amendment — orders under section 515

  (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

Marginal note:Return to owner

117 Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on application for an order under this section, satisfied that a person, other than the person against whom a prohibition order was or will be made,

• (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 115(1) and is lawfully entitled to possess it, and

• (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the prohibition order was made,

the competent authority shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

Marginal note:Possession contrary to order

• 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

• Marginal note:Failure to surrender authorization, etc.

  (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2)

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

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

• Marginal note:Exception

  (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

Limitations on Access

Marginal note:Application for order

• 117.011 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that

  • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and

  • (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.

• Marginal note:Date for hearing and notice

  (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

• Marginal note:Hearing of application

  (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

• Marginal note:Where hearing may proceed ex parte

  (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

• Marginal note:Order

  (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the person’s use and possession of anything referred to in subsection (1) as the provincial court judge considers appropriate.

• Marginal note:Terms and conditions

  (6) In determining terms and conditions under subsection (5), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.

• Marginal note:Appeal by person or Attorney General

  (7) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

• Marginal note:Appeal by Attorney General

  (8) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

• Marginal note:Application of Part XXVII to appeals

  (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

Marginal note:Revocation of order under s. 117.011

117.012 A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

Search and Seizure

Marginal note:Search and seizure without warrant where offence committed

• 117.02 (1) Where a peace officer believes on reasonable grounds

  • (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

  • (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,

  and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.

• Marginal note:Disposition of seized things

  (2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.

Marginal note:Seizure on failure to produce authorization

• 117.03 (1) Notwithstanding section 117.02, a peace officer who finds

  • (a) a person in possession of a firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and a registration certificate for the firearm, or

  • (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

  may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

• Marginal note:Return of seized thing on production of authorization

  (2) Where a person from whom any thing is seized pursuant to subsection (1) claims the thing within fourteen days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

  • (a) an authorization or a licence under which the person is lawfully entitled to possess it, and

  • (b) in the case of a firearm, a registration certificate for the firearm,

  the thing shall forthwith be returned to that person.

• Marginal note:Forfeiture of seized thing

  (3) Where any thing seized pursuant to subsection (1) is not claimed and returned as and when provided by subsection (2), a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs.

Marginal note:Application for warrant to search and seize

• 117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

• Marginal note:Search and seizure without warrant

  (2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

• Marginal note:Return to justice

  (3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

  • (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and

  • (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

• Marginal note:Authorizations, etc., revoked

  (4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.