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Criminal Code (R.S.C., 1985, c. C-46)

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

RELATED PROVISIONS

  • — 1991, c. 43, ss. 10(1) to (7), as amended by 2005, c. 22, s. 43

    • Lieutenant Governor warrants or orders remain in force
      • 10 (1) Any order for detention of an accused or accused person made under section 614, 615 or 617 of the Criminal Code or section 200 or 201 of the National Defence Act, as those sections read immediately before the coming into force of section 3 or 18 of this Act, shall continue in force until an order is made by a court or Review Board under section 672.54 of the Criminal Code.

      • Review of inmates held in custody on lieutenant governor warrants or orders

        (2) The Review Board of a province shall, within twelve months after the coming into force of this section, review the case of every person detained in custody in the province by virtue of an order of detention referred to in subsection (1).

      • Application of sections 672.5 to 672.85 to reviews under subsection (2)

        (3) Sections 672.5 to 672.85 of the Criminal Code apply, with such modifications as the circumstances require, to a review under subsection (2) as if

        • (a) the review were a review of a disposition conducted pursuant to section 672.81 of that Act; and

        • (b) the warrant issued by the lieutenant governor pursuant to which the person is being detained in custody were a disposition made under section 672.54 of that Act.

        • (c) and (d) [Repealed, 2005, c. 22, s. 43]

      • (4) to (7) [Repealed, 2005, c. 22, s. 43]

  • — 2004, c. 12, s. 22

    • Interpretation of 2001, c. 32, ss. 82(1), (2) and (4)

      22 For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001:

      • (a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title;

      • (b) the reference in subsection 82(2) of the Act to “section 25 of the other Act” refers to section 16 of Bill C-15A; and

      • (c) the reference in subsection 82(4) of the Act to “section 62 of the other Act” refers to section 52 of Bill C-15A.

  • — 2004, c. 12, s. 23

    • Interpretation of 2001, c. 32, ss. 82(1) and (3)

      23 For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act:

      • (a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and

      • (b) the reference in subsection 82(3) of the Act to “section 32 of the other Act” refers to section 8 of Bill C-10A.

  • — 2005, c. 32, s. 27.1

    • Review
      • 27.1 (1) Five years after this section comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for the purpose shall undertake a comprehensive review of this Act and its operation.

      • Report

        (2) The committee shall submit a report on the review to Parliament, including a statement of any changes that it recommends, within six months after it undertakes the review or within any further time authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be.

  • — 2009, c. 28, s. 12

    • Review

      12 Within five years after the day on which this Act receives royal assent, a comprehensive review of its provisions and operation shall be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • — 2009, c. 29, s. 5

    • Application — persons charged after coming into force

      5 Subsections 719(3) to (3.4) of the Act, as enacted by section 3, apply only to persons charged after the day on which those subsections come into force.

  • — 2011, c. 2, s. 7

    • Existing applications
      • 7 (1) Applications that were made under section 745.6 of the Criminal Code as that section read immediately before the day on which section 3 comes into force and are still not finally disposed of on that day are to be dealt with and disposed of in accordance with the provisions of the Criminal Code as they read immediately before that day.

      • Further applications

        (2) A person who has made an application referred to in subsection (1) and who is the subject of a determination made under subsection 745.61(4) of the Criminal Code, as that subsection read before the day on which this subsection comes into force, or a determination or conclusion to which subsection 745.63(8) of the Criminal Code, as it read before that day, applies, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of two years after the day on which the person is the subject of the determination or conclusion.

      • Further applications

        (3) A person who has made an application referred to in subsection (1) and in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) of the Criminal Code, as enacted by subsections 4(3) and 5(1), respectively, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of that time.

  • — 2012, c. 1, par. 163(a)

    • Pending applications — references in other legislation

      163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

  • — 2012, c. 1, par. 165(b)

    • Pardons in effect — references in other legislation

      165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

      • (b) the definition record suspension in subsection 490.011(1) of the Criminal Code;

  • — 2014, c. 6, s. 20.1

    • Review
      • 20.1 (1) Within five years after sections 2 to 20 come into force, a comprehensive review of the operation of sections 672.1 to 672.89 of the Criminal Code is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

      • Report

        (2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee.

  • — 2014, c. 25, s. 45.1

    • Review
      • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

      • Report

        (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

  • — 2015, c. 13, s. 37

    • Hearing — subsection 278.3(5)

      37 Subsection 278.3(5) of the Act, as that subsection read immediately before the day on which section 6 of this Act comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 14 days after that day.

  • — 2015, c. 13, s. 38

    • Restitution requests — section 380.3

      38 Section 380.3 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of requests for restitution made to the court under that section 380.3 before that day.

  • — 2015, c. 13, s. 39

    • Community impact statements — section 380.4

      39 Section 380.4 of the Act, as that section read immediately before the day on which section 11 of this Act comes into force, continues to apply in respect of statements filed with the court under that section 380.4 before that day.

  • — 2015, c. 13, s. 40

    • Section 423.1

      40 Section 423.1 of the Act, as amended by section 12 of this Act, applies only in respect of conduct engaged in on or after the day on which that section 12 comes into force.

  • — 2015, c. 13, s. 41

    • Victim impact statements — section 672.5

      41 Section 672.5 of the Act, as that section read immediately before the day on which section 22 of this Act comes into force, continues to apply in respect of any statement that was filed with the court or Review Board under that section 672.5 before that day.

  • — 2015, c. 13, s. 42

    • Section 718

      42 The amendments to section 718 of the Act made by section 23 of this Act apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 23 comes into force.

  • — 2015, c. 13, s. 42.1

    • Paragraph 718.2(e)

      42.1 The amendment to paragraph 718.2(e) of the Act made by section 24 of this Act applies only in respect of sentences imposed in respect of conduct engaged in on or after the day on which that section 24 comes into force.

  • — 2015, c. 13, s. 43

    • Victim impact statements — section 722

      43 Section 722 of the Act, as that section read immediately before the day on which section 25 of this Act comes into force, continues to apply in respect of any statement that was filed with the court under that section 722 before that day.

  • — 2015, c. 13, s. 44

    • Sections 737.1 and 739.1 to 739.4

      44 Section 737.1 of the Act, as enacted by section 29 of this Act, and sections 739.1 to 739.4 of the Act, as enacted by section 30 of this Act, apply only in respect of conduct engaged in on or after the day on which those sections 29 and 30 come into force.

  • — 2015, c. 20, s. 28

    • Information — terrorism offence

      28 If an information has been laid under subsection 810.01(1) of the Criminal Code before the day on which this section comes into force by a person who fears on reasonable grounds that another person will commit a terrorism offence and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.011(1) of that Act.

  • — 2016, c. 3, s. 9.1

    • Mature minors, advance requests and mental illness
      • 9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.

      • (2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

  • — 2016, c. 3, s. 10

    • Review by committee
      • 10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

      • Report

        (2) The committee to which the provisions are referred is to review them and the state of palliative care in Canada and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

  • — 2018, c. 12, s. 406

    • Offence allegedly committed before section 404 comes into force
      • 406 (1) A remediation agreement may be entered into in respect of an offence alleged to have been committed before the day on which section 404 comes into force.

      • Meaning

        (2) For the purpose of subsection (1), remediation agreement and offence have the same meaning as in section 715.3 of the Criminal Code, as enacted by section 404.

  • — 2018, c. 21, s. 10

    • Approved instrument, approved screening device, approved container

      10 Any approved instrument, approved screening device or approved container approved under subsection 254(1) of the Criminal Code, as it read immediately before the day on which subsection 3(1) of this Act comes into force, is deemed to be approved as an approved instrument, approved screening device or approved container, respectively, under section 254.01 of the Criminal Code as enacted by section 4 of this Act.

  • — 2018, c. 21, s. 31.1

    • Review
      • 31.1 (1) Within three years after the day on which this section comes into force, the Minister of Justice and Attorney General of Canada must undertake a comprehensive review of the implementation and operation of the provisions enacted by this Act, including an evaluation of whether their implementation and operation have resulted in differential treatment of any particular group based on a prohibited ground of discrimination. The Minister of Justice and Attorney General of Canada must prepare a report setting out his or her conclusions and recommendations and including robust data sets collected by government and non-government agencies on the effectiveness of these provisions and the impacts resulting from them.

      • Report to Parliament

        (2) The Minister of Justice and Attorney General of Canada must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after it is completed.

  • — 2018, c. 21, s. 32

    • Application for disclosure of further information
      • 32 (1) Section 320.34 of the Criminal Code, as enacted by section 15 of this Act, applies in respect of any application for the disclosure of further information that is made on or after the day on which that section 15 comes into force if the sample or samples to which the application relates were taken before that day.

      • Trial

        (2) Subsection 320.31(1) of the Criminal Code, as enacted by section 15 of this Act, applies to the trial of an accused that is commenced on or after the day on which that section 15 comes into force if the sample or samples to which the trial relates were taken before that day.

  • — 2018, c. 21, s. 33

    • Bodily substances and results obtained before coming into force

      33 Section 320.36 of the Criminal Code, as enacted by section 15 of this Act, applies to bodily substances obtained under section 254 of that Act, as it read from time to time before the day on which that section 15 comes into force, and to results of any evaluation, physical coordination test or analysis of bodily substances obtained under that section 254, as it read from time to time before that day.

  • — 2018, c. 21, s. 34

    • Appeal of order made under section 259
      • 34 (1) An appeal may be taken on or after the day on which section 21 of this Act comes into force against an order made under section 259 of the Criminal Code, as that section read from time to time before that day. Such an appeal is to be taken in accordance with section 675 of that Act, as that section read immediately before that day, and is to be dealt with and disposed of in accordance with the provisions of that Act as they read immediately before that day.

      • Stay of order made under section 259

        (2) Sections 261 and 680 of the Criminal Code, as they read immediately before the day on which section 21 of this Act comes into force, apply in respect of an appeal that is taken on or after that day against an order made under section 259 of that Act, as that section read from time to time before that day.

  • — 2018, c. 21, s. 35

    • Approved instrument, approved screening device, approved container

      35 Any approved container, approved drug screening equipment, approved instrument or approved screening device approved under subsection 254.01 of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be approved as an approved container, approved drug screening equipment, approved instrument or approved screening device, respectively, under section 320.39 of the Criminal Code as enacted by section 15 of this Act.

  • — 2018, c. 21, s. 36

    • Qualified technician — breath samples

      36 Any person who is designated as a qualified technician within the meaning of paragraph (a) of the definition qualified technician under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as a qualified technician under paragraph 320.4(a) of the Criminal Code as enacted by section 15 of this Act.

  • — 2018, c. 21, s. 37

    • Qualified technician — blood samples

      37 Any person who is designated as a qualified technician within the meaning of paragraph (b) of the definition qualified technician under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as a qualified technician under subparagraph 320.4(b)(i) of the Criminal Code as enacted by section 15 of this Act.

  • — 2018, c. 21, s. 38

    • Analyst

      38 Any person who is designated as an analyst within the meaning of the definition analyst under subsection 254(1) of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be designated as an analyst under subparagraph 320.4(b)(ii) and paragraph 320.4(c) of the Criminal Code as enacted by section 15 of this Act.

  • — 2018, c. 29, s. 74

    • Hearing — subsection 278.3(5)

      74 Subsection 278.3(5) of the Criminal Code, as that subsection read immediately before the day on which section 24 comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 60 days after that day.

  • — 2019, c. 11, s. 6

  • — 2019, c. 13, s. 155

    • Continued application

      155 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act.

  • — 2019, c. 13, s. 156

    • Proceedings continued

      156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day.

  • — 2019, c. 13, s. 157

    • No report for year before coming into force

      157 No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection.

  • — 2019, c. 13, s. 157.1

    • Application

      157.1 If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3.

  • — 2019, c. 25, s. 354

    • Promise to appear

      354 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.

  • — 2019, c. 25, s. 355

    • Undertaking given to peace officer or officer in charge

      355 A person who is bound by an undertaking given under section 499 or subsection 503(2.1) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.

  • — 2019, c. 25, s. 356

    • Recognizance entered into before peace officer or officer in charge

      356 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.

  • — 2019, c. 25, s. 357

    • Undertaking given to judge or justice

      357 A person who is bound by an undertaking given under subsection 503(3.1) or section 515, 522, 524, 525, 597, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.

  • — 2019, c. 25, s. 358

    • Recognizance entered into before judge or justice

      358 A person who is bound by a recognizance entered into under subsection 503(3.1) or section 515, 522, 524, 525, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.

  • — 2019, c. 25, s. 359

    • Right to re-elect

      359 Any person accused of an offence before the day on which section 254 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)(b)(i) or subsection 561(2) or 561.1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 14 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.

  • — 2019, c. 25, s. 360

    • Limitation period for summary offences

      360 For any offence punishable on summary conviction committed before the coming into force of section 315, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.

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