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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Interpretation (continued)

Marginal note:Further definitions — firearms

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

  • 2009, c. 22, s. 1

Marginal note:Acting on victim’s behalf

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

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

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

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

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

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

  • Marginal note:Exception

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

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

Marginal note:Descriptive cross-references

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

  • 1976-77, c. 53, s. 2

Part I

General

Marginal note:Effect of judicial acts

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

  • 2002, c. 13, s. 2

Marginal note:Postcard a chattel, value

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

  • Marginal note:Value of valuable security

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

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

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

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

  • Marginal note:Possession

    (3) For the purposes of this Act,

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

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

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

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

  • Marginal note:Expressions taken from other Acts

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

  • Marginal note:Sexual intercourse

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

  • Marginal note:Proof of notifications and service of documents

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

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

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

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

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

  • Marginal note:Attendance for examination

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

  • Marginal note:Means of telecommunication

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

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

Marginal note:Canadian Forces not affected

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

  • R.S., c. C-34, s. 4

Marginal note:Presumption of innocence

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

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

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

  • Marginal note:Offences outside Canada

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

  • Definition of enactment

    (3) In this section, enactment means

    • (a) an Act of Parliament, or

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

    or any regulation made thereunder.

  • R.S., 1985, c. C-46, s. 6
  • R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10
 
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