Criminal Code

83.31 (1) [Repealed, 2019, c. 13, s. 147]

(1.1) [Repealed, 2019, c. 13, s. 147]

Marginal note:Annual report (section 83.3)

(2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

• (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

• (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

• (c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;

• (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

• (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

• (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

Marginal note:Annual report (section 83.3)

(3) The Minister of Public Safety and Emergency Preparedness shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

• (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

• (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

  • (i) by a peace officer under paragraph 83.3(5)(b), or

  • (ii) by a judge under paragraph 83.3(7)(a), (7.1)(a) or (7.2)(a).

Marginal note:Opinions

(3.1) The Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness shall include in their annual reports under subsections (2) and (3), respectively, their opinion, supported by reasons, on whether the operation of section 83.3 should be extended.

Marginal note:Limitation

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

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

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

• (c) prejudice a legal proceeding; or

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