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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

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

AMENDMENTS NOT IN FORCE

  • — 2001, c. 32, ss. 82(1), (3)

    • Bill C-15
      • 82 (1) If Bill C-15 [C-10A]Footnote *, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001 (the “other Act” [2003, c. 8]Footnote *), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

      • Criminal Code — subsection 515(4.1) (French version) replaced

        (3) On the later of the coming into force of subsection 37(1) of this Act and section 32 [8]Footnote * of the other Act [2003, c. 8]Footnote *, subsection 515(4.1) of the French version of the Criminal Code is replaced by the following :

        • Condition additionnelle

          (4.1) Lorsqu’il rend une ordonnance en vertu du paragraphe (2) dans le cas d’une infraction perpétrée avec usage, tentative ou menace de violence contre autrui, de l’infraction visée aux articles 264 (harcèlement criminel) ou 423.1 (intimidation d’une personne associée au système judiciaire), d’une infraction aux paragraphes 5(1) ou (2), 6(1) ou (2) ou 7(1) de la Loi réglementant certaines drogues et autres substances ou d’une infraction relative à une arme à feu, une arbalète, une arme prohibée, une arme à autorisation restreinte, un dispositif prohibé, des munitions, des munitions prohibées ou des substances explosives, le juge de paix doit, s’il en arrive à la conclusion qu’il est souhaitable de le faire pour la sécurité du prévenu, de la victime ou de toute autre personne, assortir l’ordonnance d’une condition lui interdisant, jusqu’à ce qu’il soit jugé conformément à la loi, d’avoir en sa possession de tels objets ou l’un ou plusieurs de ceux ci.

  • — 2015, c. 16, s. 3

    • 3 The Act is amended by adding the following after section 279.04:

      • Sentences to be served consecutively

        279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 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 any of those sections.

  • — 2015, c. 23, s. 30

    • 2010, c. 17, s. 21(2)

      30 Subsection 490.031(3) of the Criminal Code is replaced by the following:

      • Proof of certain facts by certificate

        (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • — 2015, c. 23, s. 31

    • 2007, c. 5, s. 29

      31 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:

  • — 2018, c. 16, s. 190

    • Bill C-28

      190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

      • Victim surcharge
        • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

  • — 2018, c. 21, ss. 51(1), (2)

    • Bill C-39
      • 51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

  • — 2018, c. 29, s. 79

    • Bill C-39
      • 79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

      • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

  • — 2018, c. 29, s. 80

    • Bill C-337
      • 80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

      • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

  • — 2019, c. 9, s. 16

    • 2015, c. 27, s. 18

      16 The definition non-restricted firearm in subsection 84(1) of the Criminal Code is replaced by the following:

      non-restricted firearm

      non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm; (arme à feu sans restriction)

  • — 2019, c. 9, s. 18

    • 2015, c. 27, s. 34

      18 Subsections 117.15(3) and (4) of the Act are repealed.

  • — 2019, c. 15, s. 47

    • 2001, c. 32, s. 11
      • 47 (1) Paragraph 423.1(1)(b) of the Criminal Code is replaced by the following:

        • (b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or

      • (2) Section 423.1 of the Act is amended by adding the following after subsection (3):

        • Definition of military justice system participant

          (4) In this section, military justice system participant has the same meaning as in subsection 2(1) of the National Defence Act.

  • — 2019, c. 25, s. 1(3)

      • 1 (3) Section 2 of the Act is amended by adding the following in alphabetical order:

        appearance notice

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

        intimate partner

        intimate partner with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime)

        recognizance

        recognizance means a recognizance in Form 32 entered into before a judge or justice; (engagement)

        release order

        release order means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté)

        summons

        summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)

        undertaking

        undertaking means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)

  • — 2019, c. 25, s. 5

    • 5 Section 20 of the Act is replaced by the following:

      • Certain acts on holidays valid

        20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.

  • — 2019, c. 25, s. 24

    • 2013, c. 9, s. 10

      24 The portion of subsection 83.3(6) of the Act before paragraph (a) is replaced by the following:

      • When person to be taken before judge

        (6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

  • — 2019, c. 25, s. 30

    • 2015, c. 27, s. 30

      30 Subparagraph 109(1)(a.1)(i) of the Act is replaced by the following:

      • (i) the person’s intimate partner,

  • — 2019, c. 25, s. 31

    • 2015, c. 27, s. 31(2)

      31 Paragraph 110(2.1)(a) of the Act is replaced by the following:

      • (a) the person’s intimate partner;

  • — 2019, c. 25, s. 32

    • 2015, c. 27, s. 32

      32 Section 110.1 of the Act is repealed.

  • — 2019, c. 25, s. 47

    • R.S., c. 27 (1st Supp.), s. 20(1); 1997, c. 18, ss. 3(1) and (2); 2008, c. 18, s. 3
      • 47 (1) Subsections 145(1) to (6) of the Act are replaced by the following:

        • Escape and being at large without excuse
          • 145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

            • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

            • (b) an offence punishable on summary conviction.

          • Failure to attend court or surrender

            (2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

            • (a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

            • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or

            • (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

          • Failure to comply with appearance notice or summons

            (3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

            • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

            • (b) an offence punishable on summary conviction.

          • Failure to comply with undertaking

            (4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,

            • (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or

            • (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.

          • Failure to comply with order

            (5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who

            • (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or

            • (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

          • Not an excuse

            (6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.

      • 1992, c. 47, s. 68; 1994, c. 44, s. 8(3); 1996, c. 7, s. 38; 1997, c. 18, s. 3(3)

        (2) Subsections 145(8) and (9) of the Act are replaced by the following:

        • Election of Crown under Contraventions Act

          (8) For the purposes of paragraph (2)(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

        • Proof of certain facts by certificate

          (9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,

          • (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;

          • (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;

          • (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and

          • (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.

  • — 2019, c. 25, s. 91

    • 1997, c. 16, s. 4

      91 Paragraph 264(4)(b) of the Act is replaced by the following:

      • (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

  • — 2019, c. 25, s. 157(2)

      • 157 (2) The portion of section 405 of the Act before paragraph (a) is replaced by the following:

        • Acknowledging instrument in false name

          405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of

  • — 2019, c. 25, s. 182

    • 1997, c. 18, s. 31(1)
      • 182 (1) Subparagraph 462.34(4)(c)(iii) of the Act is replaced by the following:

        • (iii) permitting the use of the property in relation to an undertaking or release order,

      • R.S., c. 42 (4th Supp.), s. 2

        (2) Subsection 462.34(8) of the Act is repealed.

  • — 2019, c. 25, s. 187(1)

    • 2002, c. 13, s. 18
      • 187 (1) Subsection 482.1(4) of the Act is replaced by the following:

        • Provisions to apply

          (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

  • — 2019, c. 25, s. 209

    • 1994, c. 44, s. 39
      • 209 (1) The definitions appearance notice, officer in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed.

      • (2) Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following:

        • (a) a person to whom a peace officer has issued an appearance notice under section 497, and

  • — 2019, c. 25, s. 210

    • 210 The Act is amended by adding the following after section 493:

      Principle and Considerations

      • Principle of restraint

        493.1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.

      • Aboriginal accused or vulnerable populations

        493.2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of

        • (a) Aboriginal accused; and

        • (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

  • — 2019, c. 25, s. 211

    • 211 The Act is amended by adding the following after section 495:

      • Arrest without warrant – application of section 524

        495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.

  • — 2019, c. 25, s. 212

    • 1999, c. 25, s. 3

      212 Sections 496 and 497 of the Act are replaced by the following:

      • Appearance notice for judicial referral hearing

        496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.

      • Issue of appearance notice by peace officer

        497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is

        • (a) an indictable offence mentioned in section 553;

        • (b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or

        • (c) an offence punishable on summary conviction.

  • — 2019, c. 25, s. 213

    • 1999, c. 25, s. 4(1) and 30
      • 213 (1) Subsection 498(1) of the Act is replaced by the following:

        • Release from custody — arrest without warrant
          • 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

            • (a) the peace officer intends to compel the person’s appearance by way of summons;

            • (b) the peace officer issues an appearance notice to the person; or

            • (c) the person gives an undertaking to the peace officer.

          • Person delivered or detained

            (1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.

      • 1999, c. 25, s. 4(1)

        (2) The portion of subsection 498(1.1) of the Act before paragraph (a) is replaced by the following:

        • Exception

          (1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,

      • (3) Subsection 498(2) of the Act is replaced by the following:

        • When subsections (1) and (1.01) do not apply

          (2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

      • 1999, c. 25, s. 4(2)

        (4) The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:

        • Consequences of non-release

          (3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of

      • 1997, c. 18, s. 52(3)

        (5) Paragraph 498(3)(b) of the Act is replaced by the following:

        • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

  • — 2019, c. 25, s. 214

    • 1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5

      214 Section 499 of the Act is replaced by the following:

      • Release from custody — arrest with warrant

        499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if

        • (a) the peace officer issues an appearance notice to the person; or

        • (b) the person gives an undertaking to the peace officer.

  • — 2019, c. 25, s. 215

    • R.S., c. 27 (1st Supp.), s. 76(2); 1992, c. 47, s. 69; 1994, c. 44, s. 41; 1996, c. 7, s. 38; 1997, c. 18, s. 54; 1999, c. 25, s. 6; 2008, c. 18, s. 15

      215 Sections 500 to 502 of the Act are replaced by the following:

      • Contents of appearance notice
        • 500 (1) An appearance notice shall

          • (a) set out the name, date of birth and contact information of the accused;

          • (b) set out the substance of the offence that the accused is alleged to have committed;

          • (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and

          • (d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.

        • Summary of consequences — failure to appear

          (2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.

        • Attendance for purposes of Identification of Criminals Act

          (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

        • Signature of accused

          (4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

      • Contents of undertaking
        • 501 (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out

          • (a) the name, date of birth and contact information of the accused;

          • (b) the substance of the offence that the accused is alleged to have committed; and

          • (c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).

        • Mandatory conditions

          (2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

        • Additional conditions

          (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:

          • (a) report at specified times to the peace officer or other specified person;

          • (b) remain within a specified territorial jurisdiction;

          • (c) notify the peace officer or other specified person of any change in their address, employment or occupation;

          • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;

          • (e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;

          • (f) deposit all their passports with the peace officer or other specified person;

          • (g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;

          • (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

          • (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;

          • (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and

          • (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.

        • Attendance for purposes of Identification of Criminals Act

          (4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

        • Money or other valuable security to be deposited with justice

          (5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

        • Signature of accused

          (6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.

      • Variation of undertaking on consent
        • 502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.

        • Replacement by justice of undertaking with order

          (2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.

  • — 2019, c. 25, s. 217

    • 1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
      • 217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:

        • Taking before justice
          • 503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

            • (a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and

            • (b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.

          • Re-evaluation of detention

            (1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if

            • (a) the peace officer issues an appearance notice to the person; or

            • (b) the person gives an undertaking to the peace officer.

          • Person delivered or in custody

            (2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.

      • R.S., c. 27 (1st Supp.), s. 77

        (2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following:

        • (a) without conditions; or

      • R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)

        (3) Paragraph 503(3.1)(b) of the Act is replaced by the following:

        • (b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.

      • (4) Subsection 503(4) of the Act is replaced by the following:

        • Release of person about to commit indictable offence

          (4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.

      • (5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:

        • Consequences of non-release

          (5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

      • (6) Paragraph 503(5)(b) of the Act is replaced by the following:

        • (b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).

  • — 2019, c. 25, s. 218

    • 218 Section 505 of the Act is replaced by the following:

      • Time within which information to be laid in certain cases

        505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.

  • — 2019, c. 25, s. 219

    • 1994, c. 44, s. 43

      219 Subsections 507(6) and (7) of the Act are replaced by the following:

      • Endorsement of warrant by justice

        (6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.

      • Undertaking or appearance notice deemed confirmed

        (7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.

  • — 2019, c. 25, s. 220

    • R.S., c. 27 (1st Supp.), s. 79

      220 Paragraphs 508(1)(b) and (c) of the Act are replaced by the following:

      • (b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,

        • (i) confirm the appearance notice or undertaking and endorse the information accordingly, or

        • (ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and

      • (c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.

  • — 2019, c. 25, s. 221

    • 221 Subsection 509(4) of the Act is replaced by the following:

      • Summary of certain provisions

        (4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).

  • — 2019, c. 25, s. 222

    • 1992, c. 47, s. 72; 1996, c. 7, s. 38

      222 Section 510 of the Act is repealed.

  • — 2019, c. 25, s. 223

    • 1997, c. 18, s. 58(1)
      • 223 (1) Paragraph 512(1)(a) of the Act is replaced by the following:

        • (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);

      • (2) Paragraph 512(1)(c) of the Act is replaced by the following:

        • (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.

      • 1997, c. 18, s. 58(2)

        (3) Paragraph 512(2)(b) of the Act is replaced by the following:

        • (b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or

  • — 2019, c. 25, s. 224

    • 224 The Act is amended by adding the following after section 512:

      • Arrest warrant — failure to appear under summons

        512.1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

      • Arrest warrant — failure to appear under appearance notice or undertaking

        512.2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

      • Warrant to appear under section 524

        512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.

  • — 2019, c. 25, ss. 225(1), (3) to (7)

    • R.S., c. 27 (1st Supp.), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
      • 225 (1) Subsections 515(1) to (2.1) of the Act are replaced by the following:

        • Release order without conditions
          • 515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

          • Release order with conditions

            (2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,

            • (a) an indication that the release order does not include any financial obligations;

            • (b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

            • (c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

            • (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or

            • (e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.

          • Imposition of least onerous form of release

            (2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.

          • Promise to pay favoured over deposit

            (2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.

          • Restraint in use of surety

            (2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.

          • Power of justice — sureties

            (2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.

      • (2) [In force]

      • 1999, c. 25, s. 8(1) and (2)

        (3) Subsections 515(3) and (4) of the Act are replaced by the following:

        • Factors to consider

          (3) In making an order under this section, the justice shall consider any relevant factors, including,

          • (a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or

          • (b) whether the accused has been previously convicted of a criminal offence.

        • Conditions authorized

          (4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:

          • (a) report at specified times to a peace officer, or other person, designated in the order;

          • (b) remain within a specified territorial jurisdiction;

          • (c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;

          • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

          • (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

          • (f) deposit all their passports as specified in the order;

          • (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

          • (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.

      • 1999, c. 25, s. 8(4)

        (4) Paragraph 515(4.2)(a) of the Act is replaced by the following:

        • (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

        • (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or

      • 2001, c. 41, s. 19(4)

        (5) Subparagraphs 515(6)(a)(iv) and (v) of the English version of the Act are replaced by the following:

      • R.S., c. 27 (1st Supp.), s. 83(3)

        (6) Paragraph 515(6)(c) of the Act is replaced by the following:

        • (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

        • (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or

      • 1993, c. 45, s. 8(3)

        (7) Subsections 515(7) and (8) of the Act are replaced by the following:

        • Release order

          (7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.

  • — 2019, c. 25, s. 226

    • 1997, c. 18, s. 60

      226 Section 515.1 of the Act is replaced by the following:

      • Declaration of surety
        • 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out

          • (a) their name, date of birth and contact information;

          • (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

          • (c) their relationship to the accused;

          • (d) the name and date of birth of any other accused for whom they act as a surety;

          • (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;

          • (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

          • (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

          • (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

        • Exception

          (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

          • (a) the prosecutor consents to it; or

          • (b) the judge, justice or court is satisfied that

            • (i) the person cannot reasonably provide a declaration in the circumstances,

            • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

            • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.

        • Means of telecommunication

          (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.

  • — 2019, c. 25, s. 227

    • 227 Section 516 of the Act is amended by adding the following after subsection (2):

      • Duration of order

        (3) An order made under subsection (2) remains in force,

        • (a) until it is varied or revoked;

        • (b) until an order in respect of the accused is made under section 515;

        • (c) until the accused is acquitted of the offence, if applicable; or

        • (d) until the time the accused is sentenced, if applicable.

  • — 2019, c. 25, s. 228

    • R.S., c. 27 (1st Supp.), s. 85
      • 228 (1) The portion of subsection 519(1) of the Act before paragraph (a) is replaced by the following:

        • Release of accused
          • 519 (1) If a justice makes a release order under section 515,

      • (2) Subsection 519(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

        • (c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.

  • — 2019, c. 25, s. 229

    • 229 The Act is amended by adding the following after section 519:

      • Variation of release order with consent

        519.1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.

  • — 2019, c. 25, s. 230

    • 1999, c. 3, s. 31

      230 Subsection 520(1) of the Act is replaced by the following:

      • Review of order
        • 520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • — 2019, c. 25, s. 231

    • 1999, c. 3, s. 32

      231 Subsection 521(1) of the Act is replaced by the following:

      • Review of order
        • 521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • — 2019, c. 25, s. 232

    • 1999, c. 25, s. 10

      232 Subsection 522(3) of the Act is replaced by the following:

      • Release of accused

        (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.

  • — 2019, c. 25, s. 233

    • R.S., c. 27 (1st Supp.), s. 89(1)
      • 233 (1) The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:

        • Period for which appearance notice, etc., continues in force
          • 523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,

      • R.S., c. 27 (1st Supp.), s. 89(3); 2011, c. 16, s. 2(1)

        (2) Subsections 523(1.1) and (1.2) of the Act are replaced by the following:

        • When new information is received

          (1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.

        • When direct indictment preferred

          (1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.

  • — 2019, c. 25, s. 234

    • 1999, c. 3, s. 33

      234 Section 524 of the Act and the heading before it are replaced by the following:

      Proceedings Respecting Failure to Comply with Release Conditions

      • Judicial referral hearing
        • 523.1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall

          • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or

          • (b) in any other case, hear the matter.

        • Circumstances

          (2) The circumstances referred to in subsection (1) are the following:

          • (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or

          • (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.

        • Powers — Judge or Justice

          (3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,

          • (a) take no action;

          • (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,

            • (i) make a release order under section 515, or

            • (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or

          • (c) remand the accused to custody for the purposes of the Identification of Criminals Act.

        • Dismissal of charge

          (4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.

        • No information or indictment

          (5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a).

      • Hearing
        • 524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall

          • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or

          • (b) in any other case, hear the matter.

        • Circumstances

          (2) The circumstances referred to in subsection (1) are the following:

          • (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or

          • (b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.

        • Cancellation

          (3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that

          • (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or

          • (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.

        • Detention

          (4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).

        • Release order

          (5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.

        • Reasons

          (6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.

        • Release

          (7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.

        • Provisions applicable to proceedings under this section

          (8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.

        • Review — order by judge

          (9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.

        • Review — order of justice

          (10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.

  • — 2019, c. 25, s. 235

    • R.S., c. 27 (1st Supp.), s. 90(1); 1997, c. 18, s. 61
      • 235 (1) Subsection 525(1) of the Act is replaced by the following:

        • Time for application to judge
          • 525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

            • (a) the day on which the accused was taken before a justice under section 503; or

            • (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

            The person shall make the application immediately after the expiry of those 90 days.

          • Waiver of right to hearing

            (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

      • R.S., c. 27 (1st Supp.), s. 90(3); 1994, c. 44, s. 49

        (2) Subsections 525(3) to (9) of the Act are replaced by the following:

        • Cancellation of hearing

          (3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

        • Consideration of proceeding’s progression

          (4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

          • (a) give directions for expediting the proceedings; or

          • (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

        • Release order

          (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

        • Provisions applicable to proceedings

          (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

        • Definition of judge in the Province of Quebec

          (7) In this section, judge, in the Province of Quebec,

          • (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and

          • (b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.

  • — 2019, c. 25, s. 236

    • R.S., c. 27 (1st Supp.), s. 91

      236 Section 526 of the Act is replaced by the following:

      • Directions for expediting proceedings

        526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.

  • — 2019, c. 25, s. 245(4)

      • 245 (4) Paragraph 543(2)(b) of the Act is replaced by the following:

        • (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).

  • — 2019, c. 25, s. 248

    • 248 Subsection 550(2) of the Act is replaced by the following:

      • Clarification

        (2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.

  • — 2019, c. 25, s. 249

    • R.S., c. 27 (1st Supp.), s. 102

      249 Section 551 of the Act is replaced by the following:

      • Transmission of record by justice

        551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

  • — 2019, c. 25, ss. 254(2), (3)

      • 254 (2) Paragraph 561(3)(b) of the Act is replaced by the following:

        • (b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

      • (3) Subsection 561(5) of the Act is replaced by the following:

        • Notice and transmitting record

          (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,

          • (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

          • (b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

  • — 2019, c. 25, s. 255(3)

    • 2002, c. 13, s. 38(2)
      • 255 (3) Subsection 561.1(5) of the Act is replaced by the following:

        • Notice at preliminary inquiry — Nunavut

          (5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.

  • — 2019, c. 25, s. 260(2)

    • 2008, c. 18, s. 23
      • 260 (2) Subsection 565(3) of the Act is replaced by the following:

        • Notice of re-election

          (3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

  • — 2019, c. 25, s. 264

    • R.S., c. 27 (1st Supp.), s. 117

      264 Subsection 579(1) of the Act is replaced by the following:

      • Attorney General may direct stay
        • 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.

  • — 2019, c. 25, s. 266

    • 266 Subsection 597(3) of the Act is replaced by the following:

      • Interim release

        (3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.

  • — 2019, c. 25, s. 276

    • 1991, c. 43, s. 4; 2005, c. 22, par. 42(d)(F)

      276 Section 672.46 of the Act is replaced by the following:

      • Status quo pending Review Board hearing
        • 672.46 (1) If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

        • Variation

          (2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.

  • — 2019, c. 25, s. 279

    • R.S., c. 27 (1st Supp.), s. 141; 1999, c. 25, s. 14
      • 279 (1) Subsections 679(5) to (6) of the Act are replaced by the following:

        • Conditions of release order

          (5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.

        • Immediate release of appellant

          (5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.

        • Applicable provisions

          (6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

      • (2) Subsection 679(9) of the Act is repealed.

  • — 2019, c. 25, s. 280

    • 1994, c. 44, s. 68

      280 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

      • Review by court of appeal
        • 680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

  • — 2019, c. 25, ss. 281(3), (4)

    • 2008, c. 18, s. 29(1)
      • 281 (3) Subsection 683(5.1) of the Act is replaced by the following:

        • Release order or recognizance

          (5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.

      • 2008, c. 18, s. 29(2)

        (4) Subsection 683(7) of the Act is replaced by the following:

        • Release order to be taken into account

          (7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.

  • — 2019, c. 25, s. 287

    • R.S., c. 27 (1st Supp.), s. 203

      287 Section 706 of the Act is replaced by the following:

      • If witness arrested under warrant

        706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.

  • — 2019, c. 25, s. 288

    • 288 Subsection 707(3) of the Act is replaced by the following:

      • Review of detention

        (3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.

  • — 2019, c. 25, s. 296

    • 1995, c. 22, s. 6

      296 Subsection 730(2) of the Act is replaced by the following:

      • Period for which appearance notice, etc., continues in force

        (2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.

  • — 2019, c. 25, s. 297

    • 2014, c. 21, s. 2(1)
      • 297 (1) Paragraph 732.1(2)(a.1) of the Act is repealed.

      • 2014, c. 21, s. 2(2)

        (2) Subsections 732.1(2.1) and (2.2) of the Act are repealed.

      • (3) Subsection 732.1(3) of the Act is amended by adding the following after paragraph (a):

        • (a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the court considers necessary;

  • — 2019, c. 25, s. 300

    • 1995, c. 22, s. 6

      300 Section 734.4 of the Act is replaced by the following:

      • Proceeds to go to provincial treasurer
        • 734.4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.

        • Proceeds to go to Receiver General for Canada

          (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,

          • (a) the fine or forfeiture is imposed

            • (i) in respect of a contravention of a revenue law of Canada,

            • (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or

            • (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or

          • (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).

        • Direction for payment to municipality

          (3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,

          • (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and

          • (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.

  • — 2019, c. 25, s. 303

    • 2014, c. 21, s. 3
      • 303 (1) Subsections 742.3(1.1) to (1.3) of the Act are repealed.

      • (2) Subsection 742.3(2) of the Act is amended by adding the following after paragraph (a.2):

        • (a.3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

  • — 2019, c. 25, s. 304

    • 1999, c. 5, s. 41(1)

      304 Paragraph 742.6(1)(e) of the Act is replaced by the following:

      • (e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and

  • — 2019, c. 25, s. 308

    • 308 The heading before section 762 of the Act is replaced by the following:

      Effect and Enforcement of Undertakings, Release Orders and Recognizances

  • — 2019, c. 25, s. 309

    • 309 Subsection 762(1) of the Act is replaced by the following:

      • Applications for forfeiture
        • 762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.

  • — 2019, c. 25, s. 310

    • R.S., c. 27 (1st Supp.), ss. 167 and 203

      310 Sections 763 to 768 of the Act are replaced by the following:

      • Undertaking or release order binding on person
        • 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

        • Summary of certain provisions

          (2) A summary of section 763 must be set out in any undertaking, release order or recognizance.

      • Undertaking or release order binding on accused
        • 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.

        • Committal or new sureties

          (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.

        • Effect of committal

          (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).

        • Summary of certain provisions

          (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.

      • Effect of subsequent arrest

        765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.

      • Render of accused by sureties
        • 766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.

        • Arrest

          (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.

        • Certificate and entry of render

          (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.

        • Discharge of sureties

          (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.

      • Render of accused in court by sureties

        767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.

      • Substitution of surety
        • 767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.

        • Signing of release order or recognizance by new sureties

          (2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.

      • Rights of surety preserved

        768 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.

  • — 2019, c. 25, s. 311

    • R.S., c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1997, c. 18, s. 108(1) and (2)(F); 1999, c. 5, s. 43

      311 Sections 770 and 771 of the Act are replaced by the following:

      • Default to be endorsed
        • 770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out

          • (a) the nature of the default;

          • (b) the reason for the default, if it is known;

          • (c) whether the ends of justice have been defeated or delayed by reason of the default; and

          • (d) the names and addresses of the principal and sureties.

        • Transmission to clerk of court

          (2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.

        • Certificate is evidence

          (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.

        • Transmission of deposit

          (4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.

      • Proceedings in case of default
        • 771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,

          • (a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and

          • (b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.

        • Order of judge

          (2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

        • Judgment debtors of the Crown

          (3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.

        • Order may be filed

          (3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.

        • Transfer of deposit

          (4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.

  • — 2019, c. 25, s. 312

    • R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
      • 312 (1) The reference to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “a release order or recognizance”.

      • R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59

        (2) The reference to “all other recognizances” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “undertakings or all other release orders or recognizances”.

      • (3) The references to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “British Columbia” in column I, are replaced by references to “an undertaking, release order or recognizance”.

  • — 2019, c. 25, s. 313

    • 313 Subsection 779(2) of the Act is replaced by the following:

      • Provisions of Part XXV

        (2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section.

  • — 2019, c. 25, s. 323

    • R.S., c. 27 (1st Supp.), s. 181(E)

      323 Section 816 of the Act is replaced by the following:

      • Release order — appellant
        • 816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.

        • Release of appellant

          (1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.

        • Applicable provisions

          (2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • — 2019, c. 25, s. 324

      • 324 (1) Subsections 817(1) and (2) of the Act are replaced by the following:

        • Recognizance of prosecutor
          • 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.

          • Condition

            (2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

      • (2) Subsection 817(4) of the Act is repealed.

  • — 2019, c. 25, s. 325

    • 325 Paragraph 825(a) of the Act is replaced by the following:

      • (a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or

  • — 2019, c. 25, s. 326

    • 326 Subsection 828(3) of the Act is replaced by the following:

      • Duty of clerk of court

        (3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance.

  • — 2019, c. 25, s. 327

    • R.S., c. 27 (1st Supp.), s. 182

      327 Subsection 832(1) of the Act is replaced by the following:

      • Release order or recognizance
        • 832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.

  • — 2019, c. 25, s. 328

      • 328 (1) Item 8 of the schedule to Part XXVII of the Act is amended by replacing “recognizance” with “release order or recognizance”.

      • (2) Item 17 of the schedule to Part XXVII of the Act is amended by replacing “take recognizance of bail” with “make a release order or take a recognizance”.

  • — 2019, c. 25, s. 334(3)

      • 334 (3) Form 6 of Part XXVIII of the Act is replaced by the following:

        FORM 6(Section 2)Summons to a Person Charged with an Offence

        Canada,

        Province of blank line

        (territorial division).

        To (name of person), of blank line, born on (date of birth):

        Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);

        Therefore, you are ordered, in Her Majesty’s name:

        • (a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and

        • (b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.

        You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons.

        If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

        If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code).

        Signed on (date), at (place).

        blank line

        (Signature of judge, justice, clerk of the court or chairperson of the Review Board)

        blank line

        (Name of the judge, justice or chairperson)

  • — 2019, c. 25, s. 335

    • 1999, c. 5, s. 46

      335 Form 7 of Part XXVIII of the Act is replaced by the following:

      FORM 7(Sections 475, 493, 597, 800 and 803)Warrant for Arrest

      Canada,

      Province of blank line,

      (territorial division).

      To the peace officers in the (territorial division):

      This warrant is issued for the arrest of (name of person), of blank line, born on (date of birth), referred to in this warrant as the accused.

      Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);

      And because (check those that are applicable):

      •  (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];

      •  (b) the accused failed to attend court in accordance with the summons served on the accused [512(2)];

      •  (c) (an appearance notice or undertaking) was confirmed and the accused failed to attend court in accordance with it [512(2)];

      •  (d) it appears that a summons cannot be served because the accused is evading service [512(2)];

      •  (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];

      •  (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (summons or appearance notice or undertaking or release order) on which the accused was released [512.3];

      •  (g) there are reasonable grounds to believe that the accused has committed an indictable offence since their release from custody on (summons or appearance notice or undertaking or release order) [512.3];

      •  (h) the accused was required by (appearance notice or undertaking or summons) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act and did not appear at that time and place [512.1, 512.2];

      •  (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for their trial [597];

      •  (j) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).

      Therefore, you are ordered, in Her Majesty’s name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law.

      •  (Check if applicable) Because there are reasonable grounds to believe that the accused is or will be present in (specify dwelling-house), this warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested is present in the dwelling-house.

      Signed on (date), at (place).

      blank line

      (Signature of judge, provincial court judge, justice or clerk of the court)

      blank line

      (Name of the judge, provincial court judge or justice who has issued this warrant)

  • — 2019, c. 25, s. 336(2)

      • 336 (2) Form 8 of Part XXVIII of the Act is replaced by the following:

        FORM 8(Sections 493 and 515)Warrant for Committal

        Canada,

        Province of blank line,

        (territorial division).

        To the peace officers in the (territorial division) and to the keeper of the (prison) at blank line:

        This warrant is issued for the committal of (name of person), of blank line, born on (date of birth), referred to in this warrant as the accused.

        Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);

        And because (check those that are applicable):

        •  (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];

        •  (b) a release order has been issued but the accused has not yet complied with the conditions of the order [519(1), 520(9), 521(10), 524(8), 525(6)];Footnote *

        •  (c) the application by the prosecutor for a review of the release order has been allowed and that release order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];

        •  (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3) and (4)];

        •  (e) there are reasonable grounds to believe that the accused has committed an indictable offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];

        •  (f) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).

        Therefore, you are ordered, in Her Majesty’s name, to arrest the accused and convey them safely to the (prison) at blank line, and there deliver them to its keeper, with the following order:

        You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.

        Signed on (date), at (place).

        blank line

        (Signature of judge, justice or clerk of the court)

        blank line

        (Name of the judge or justice who has issued this warrant)

        • Return to footnote *If the person having custody of the accused is authorized under paragraph 519(1)(b) of the Criminal Code to release the accused if they comply with a release order, endorse the authorization on this warrant and attach a copy of the order.

  • — 2019, c. 25, s. 337

    • 1997, c. 18, s. 115; 1999, c. 25, ss. 24 and 26; 2002, c. 13, s. 86(F); 2008, c. 18, s. 45.1

      337 Forms 9 to 14 of Part XXVIII of the Act are replaced by the following:

      FORM 9(Section 2)Appearance Notice

      Canada,

      Province of blank line

      (territorial division)

      • 1 Identification

        Surname: blank line Given name(s): blank line

        Date of Birth: blank line

      • 2 Contact Information

        blank line

      • 3 Alleged Offence

        You are alleged to have committed (set out briefly the substance of the offence, including any failure referred to in section 496, that the accused is alleged to have committed).

        •  (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.

      • 4 Conditions

        You must attend court as indicated below, and afterwards as required by the court:

        Date: blank line

        Time: blank line

        Court number: blank line

        Court address: blank line

      • 5 Appearance for the purposes of the Identification of Criminals Act (if applicable)

      • 6 Consequence for non-compliance

        You are warned that,

        (a) in the case where charges have been laid against you, unless you have a lawful excuse, you commit an offence under subsection 145(3) of the Criminal Code if you fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this appearance notice;

        (b) in the case where no charges have been laid against you and you fail to appear at a judicial referral hearing under section 523.1, as required in this appearance notice, charges may be laid against you for the alleged offence described in item 3 of this notice.

        If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

        It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).

        If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

      • 7 Signatures

        ACCUSED:

        I understand the contents of this appearance notice and agree to comply with it.

        Signed on (date), at (place).

        blank line

        (Signature of accused)

        PEACE OFFICER:

        Signed on (date), at (place).

        blank line

        (Signature of peace officer)

        blank line

        (Name of the peace officer)

      FORM 10(Section 2)Undertaking

      Canada,

      Province of blank line

      (territorial division).

      • 1 Identification

        Surname: blank line Given name(s): blank line

        Date of Birth: blank line

      • 2 Contact Information

        blank line

      • 3 Charge(s)

        (set out briefly the offence in respect of which the accused was charged)

      • 4 Mandatory Condition

        You must attend court as indicated below, and afterwards as required by the court:

        Date: blank line

        Time: blank line

        Court number: blank line

        Court address: blank line

      • 5 Additional Conditions

        You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence):

        •  (a) You must report to (name or title) at (place) on (date or dates).

        •  (b) You must remain within the following territorial jurisdiction: blank line

        •  (c) You must notify (name, title and phone number) of any change of your (address, employment or occupation).

        •  (d) You must not communicate, directly or indirectly, with blank line, except in accordance with the following conditions: blank line

        •  (e) You must not go to (places which are related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: blank line

        •  (f) You must not enter the areas (describe in detail the boundaries of the areas related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: blank line

        •  (g) You must deposit all your passports with (name or title) at (place) before (date).

        •  (h) You must reside at (place), be at that residence between (hour) and (hour), and present yourself at the entrance of that residence when a peace officer or (name and title of another person) requests you to do so within those hours.

        •  (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).

        •  (j) You promise to pay the amount of blank line (not more than $500), if you fail to comply with a condition of this undertaking.

        •  (k) You must deposit money or other valuable security whose value is equal to the amount of blank line (not more than $500) with (name or title), because you are not ordinarily resident in the province or do not reside within 200 km of the place in which you are in custody.

        •  (l) You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): blank line

      • 6 Appearance for the purposes of the Identification of Criminals Act

      • 7 Variation and Replacement

        The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code.

      • 8 Conditions in effect

        The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

      • 9 Consequence for non-compliance

        You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including

        • (a) to fail to attend court as required;

        • (b) to fail to appear as required for the purposes of the Identification of Criminals Act;

        • (c) to fail to remain in the territorial jurisdiction specified in section 5 of this undertaking (if applicable).

        If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

        It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).

        If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

        If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).

      • 10 Signatures

        ACCUSED:

        I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark.

        I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing.

        Signed on (date), at (place).

        blank line

        (Signature of accused)

        PEACE OFFICER:

        Signed on (date), at (place).

        blank line

        (Signature of peace officer)

        blank line

        (Name of the peace officer)

      FORM 11(Section 2)Release Order

      Canada,

      Province of blank line

      (territorial division).

      • 1 Identification

        Surname: blank line Given name(s): blank line

        Date of Birth: blank line

      • 2 Contact Information

        blank line

      • 3 Charge(s)

        (set out briefly the offence in respect of which the accused was charged)

      • 4 Financial Obligations

        •  You do not have any financial obligations under this release order.

        or

        In order for you to be released, the obligations that are indicated below by a check mark must be complied with.

        •  You promise to pay the amount of blank line if you fail to comply with a condition of this release order.

        •  You must deposit money in the amount of blank line or other valuable security whose value does not exceed blank line with the clerk of the court.

        •  The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of blank line

      • 5 Conditions

        You must comply with the conditions that are indicated below by a check mark.

        •  You must report to (name or title) at (place) on (date or dates).

        •  You must remain within the territorial jurisdiction of (province or territory).

        •  You must notify (name, title and phone number) of any change of your (address, employment or occupation).

        •  You must not communicate, directly or indirectly, with (victims, witnesses or other persons), except in accordance with the following conditions: blank line

        •  You must not go to (place) or enter (geographic area), except in accordance with the following conditions: blank line

        •  You must deposit all your passports with (name or title) at (place) before (date).

        •  You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).

        •  You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): blank line

        •  You must comply with the following conditions: blank line

      • 6 Variation

        The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed.

      • 7 Conditions in effect

        The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

      • 8 Consequence for non-compliance

        You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required.

        If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

        If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

        If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).

      • 9 Signatures

        SURETY: (if applicable)

        I understand my role and my responsibilities under this release order and I agree to act as a surety.

        I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order.

        •  Surety Declaration is attached (section 515.1 of the Criminal Code).

        •  Surety is excepted from providing Surety Declaration (subsection 515.1(2) of the Criminal Code).

        Signed on (date), at (place).

        blank line

        (Signature of the surety)

        ACCUSED:

        I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark.

        I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained.

        Signed on (date), at (place).

        blank line

        (Signature of accused)

        JUDGE, JUSTICE OR CLERK OF THE COURT:

        Signed on (date), at (place).

        blank line

        (Signature of judge, justice or clerk of the court)

        blank line

        (Name of judge or justice who has issued this order)

      FORM 12(Section 515.1)Surety Declaration

      Canada,

      Province of blank line,

      (territorial division).

      • 1 Identification

        Surname: blank line Given name(s): blank line

        Date of Birth: blank line

        Home address: blank line

        Phone number(s): blank line (primary) blank line (other)

        Other contact information (if any): blank line

        Employment or occupation (if any): blank line

        Name and contact information for employer (if any): blank line

      • 2 Information about the Accused

        Surname: blank line Given name(s): blank line

        Date of Birth: blank line

        Court file number: blank line

      • 3 Other information required

        Relationship to the accused: blank line

        I am acting as a surety in respect of another accused.

        □ Yes □ No

        If yes, name and date of birth of any other accused: blank line

        I have a criminal record or there are outstanding criminal charges against me.

        □ Yes □ No

        If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction: blank line

      • 4 Charges against the Accused

        I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged).

      • 5 Other Outstanding Charges against the Accused

        □ I understand that the accused does not have any other outstanding criminal charges.

        □ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges.

      • 6 Criminal Record of the Accused

        □ I understand that the accused does not have a criminal record.

        □ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled.

        blank line

      • 7 Financial Promise or Deposit

        As a surety for the accused, I am willing to (promise or deposit) to the court the amount of blank line

      • 8 Acknowledgment

        I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited.

        I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code).

        I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety.

      • 9 Signature

        Signed on (date), at (place).

        blank line

        (Signature of the surety)

        Sworn before me on (date), at (place).

        blank line

        (Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation)

  • — 2019, c. 25, s. 345(2)

      • 345 (2) Form 27 of Part XXVIII of the Act is replaced by the following:

        FORM 27(Section 773)Warrant of Committal on Forfeiture of Amounts

        Canada,

        Province of blank line,

        (territorial division).

        To the sheriff of (territorial division) and to the keeper of the (prison) at (place).

        This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.

        You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at blank line, and deliver them to its keeper, with the following order:

        You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of blank line or until satisfaction is made of a judgment debt of blank line, due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).

        Dated (date), at (place).

        blank line

        (Signature of judge of the court or clerk of the court)

        blank line

        (Name of judge who has issued this warrant of committal)

        (Seal, if required)

  • — 2019, c. 25, s. 348(3)

      • 348 (3) Form 32 of Part XXVIII of the Act is replaced by the following:

        FORM 32(Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832)Recognizance

        Canada,

        Province of blank line

        (territorial division)

        • 1 Identification

          Surname: blank line Given name(s): blank line

          Date of birth: blank line

          Home address: blank line

          Phone number(s): blank line (primary) blank line (other)

          Other contact information (if any): blank line

          Employment or Occupation (if any): blank line

          Name and contact information of employer (if any): blank line

        • 2 Financial Promise or Deposit

          Pursuant to blank line (provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ blank line, or the other valuable security described here: blank line

          I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited.

        • 3 Conditions

          (List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.)

          blank line

        • 4 Variation

          I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied.

        • 5 Conditions in effect

          I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

        • 6 Signatures

          PERSON WHO IS GIVING RECOGNIZANCE:

          I understand the contents of this form and agree to comply with the conditions that are listed above.

          Signed on blank line (date), at blank line (place).

          blank line
          (Signature of the person)
          blank line
          (Print name)

          SURETY (if applicable):

          I understand my role and my responsibilities under this recognizance and I agree to act as a surety.

          I agree to (promise or deposit) as security to the court the amount of $ blank line

          I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited.

          Surety Declaration (if applicable)

          •  Surety Declaration attached. (Section 515.1 of the Criminal Code.)

          •  Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.)

          Signed on blank line (date), at blank line (place).

          blank line
          (Signature of the Surety)
          blank line
          (Print name)

          JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT:

          Signed on blank line (date), at blank line (place).

          blank line
          (Signature of the judge, provincial court judge, justice or clerk of the court)
          blank line
          (Print name)

        List of Conditions

        • (a) has a surety (sections 462.34, 490.9, 550, 779, 810, 817 and 832 of the Criminal Code);

        • (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

        • (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

        • (d) participates in a treatment program (sections 810.01, 810.1 and 810.2 of the Criminal Code);

        • (e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.01, 810.1 and 810.2 of the Criminal Code);

        • (f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01 and 810.2 of the Criminal Code);

        • (g) returns to and remains at their place of residence at specified times (sections 810.01, 810.1 and 810.2 of the Criminal Code);

        • (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);

        • (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);

        • (j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);

        • (k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.1 of the Criminal Code);

        • (l) abstains from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code);

        • (m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);

        • (n) appears in court as required (sections 550, 706 and 707 of the Criminal Code);

        • (o) in the case where a warrant was issued under section 462.32 of the Criminal Code or a restraint order was made under subsection 462.33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.34 of the Criminal Code);

        • (p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code);

        • (q) any other reasonable conditions, including:

          •  reports at specified times to peace officer or other person designated;

          •  remains within designated territorial jurisdiction;

          •  notifies peace officer or other person designated of any change in their address, employment or occupation;

          •  abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and

          •  deposits all their passports as the judge, provincial court judge or justice directs.

  • — 2019, c. 25, s. 349(3)

      • 349 (3) Form 33 of Part XXVIII of the Act is replaced by the following:

        FORM 33(Section 770)Certificate of Default to Be Endorsed

        It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).

        The nature of the default is blank line and the reason for the default is blank line (state reason if known).

        The names and addresses of the principal and sureties are as follows:

        Dated (date)blank line, at blank line(place).

        blank line
        (Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)

        (Seal, if required)

  • — 2019, c. 25, ss. 402(1), (14)

    • Bill C-46
      • 402 (1) Subsections (2) to (14) apply if Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.

      • (14) On the first day on which both section 22 of the other Act and section 280 of this Act are in force, subsection 680(1) of the Criminal Code is replaced by the following:

        • Review by court of appeal
          • 680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

Date modified: