Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25)
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Assented to 2014-11-06
R.S., c. C-46CRIMINAL CODE
21. Subsection 486(3) of the Act is amended
(a) by striking out the reference to “212,”; and
(b) by replacing the reference to “279.02 or 279.03” with a reference to “279.02, 279.03, 286.1, 286.2 or 286.3”.
22. (1) Subparagraph 486.4(1)(a)(i) of the Act is amended
(a) by striking out the reference to “212,”; and
(b) by replacing the reference to “281” with a reference to “281, 286.1, 286.2, 286.3”.
Marginal note:2005, c. 32, s. 15
(2) Paragraph 486.4(1)(a) of the Act is amended by adding “or” at the end of subparagraph (i) and by replacing subparagraphs (ii) and (iii) with the following:
(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
Marginal note:2005, c. 32, s. 15
(3) Paragraph 486.4(1)(b) of the Act is replaced by the following:
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
Marginal note:2010, c. 17, s. 3(1)
23. (1) Subparagraphs (a)(i.93) to (i.96) of the definition “primary designated offence” in section 487.04 of the Act are repealed.
(2) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (a)(xiv):
(xiv.1) section 279.011 (trafficking — person under 18 years),
(xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xiv.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xiv.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
(xiv.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),
(xiv.6) subsection 286.3(2) (procuring — person under 18 years),
Marginal note:2010, c. 17, s. 3(4)
(3) Subparagraphs (a.1)(iv) and (v) of the definition “primary designated offence” in section 487.04 of the Act are repealed.
Marginal note:2010, c. 3, s. 6
(4) Subparagraph (a.1)(vii.11) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(vii.11) subsection 279.02(1) (material benefit — trafficking),
(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),
(5) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(viii):
(viii.1) subsection 286.2(1) (material benefit from sexual services),
(viii.2) subsection 286.3(1) (procuring),
(6) The definition “primary designated offence” of section 487.04 of the Act is amended by adding the following after paragraph (c.01):
(c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:
(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),
(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
(iv) subsection 212(4) (prostitution of person under 18 years),
(c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force,
Marginal note:2010, c. 17, s. 3(9)
(7) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03);
(8) The definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (c)(viii):
(viii.1) subsection 286.1(1) (obtaining sexual services for consideration),
Marginal note:2007, c. 22, s. 47(2)
24. Subsections 487.051(1) and (2) of the Act are replaced by the following:
Marginal note:Order — primary designated offences
487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.
Marginal note:Order — primary designated offences
(2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (c.01) and (c.03) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.
Marginal note:2004, c. 10, s. 20
25. (1) Subparagraphs (a)(xii) to (xv) of the definition “designated offence” in subsection 490.011(1) of the Act are repealed.
(2) The definition “designated offence” in subsection 490.011(1) of the Act is amended by striking out “and” at the end of subparagraph (a)(xix) and by adding the following after subparagraph (a)(xx):
(xxi) section 279.011 (trafficking — person under 18 years),
(xxii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiii) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
(xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and
(xxvi) subsection 286.3(2) (procuring — person under 18 years);
Marginal note:2010, c. 3, s. 7
(3) Subparagraph (b)(vii.11) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(vii.11) subsection 279.02(1) (material benefit — trafficking),
(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),
(4) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (b)(ix):
(ix.1) subsection 286.1(1) (obtaining sexual services for consideration),
(ix.2) subsection 286.2(1) (material benefit from sexual services),
(ix.3) subsection 286.3(1) (procuring),
(5) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (d):
(d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:
(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),
(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
(iv) subsection 212(4) (prostitution of person under 18 years);
Marginal note:2007, c. 5, s. 11(4)
(6) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or
Marginal note:2010, c. 17, s. 5
26. (1) Subsections 490.012(1) and (2) of the Act are replaced by the following:
Marginal note:Order
490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
Marginal note:Order — if intent established
(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.
Marginal note:2010, c. 17, s. 5
(2) Paragraph 490.012(3)(a) of the Act is replaced by the following:
(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;
Marginal note:2010, c. 17, s. 6
27. Subsection 490.013(2.1) of the Act is replaced by the following:
Marginal note:Duration of order
(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1).
Marginal note:2010, c. 17, s. 19
28. Paragraph 490.02904(3)(d) of the Act is replaced by the following:
(d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.
Marginal note:2008, c. 6, s. 40; 2012, c. 1, s. 35
29. (1) Subparagraphs (b)(x) to (xii) of the definition “designated offence” in section 752 of the Act are repealed.
(2) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xx.1):
(xx.2) section 279.02 (material benefit — trafficking),
(xx.3) section 279.03 (withholding or destroying documents — trafficking),
(3) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xxiii):
(xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),
(xxiii.2) section 286.2 (material benefit from sexual services),
(xxiii.3) section 286.3 (procuring),
(4) The definition “designated offence” in section 752 of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:
(i) subsection 212(1) (procuring),
(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),
(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and
(iv) subsection 212(4) (prostitution of person under 18 years); or
Marginal note:2008, c. 6, s. 40
(5) Paragraph (d) of the definition “designated offence” in section 752 of the Act is replaced by the following:
(d) an attempt or conspiracy to commit an offence referred to in paragraph (b), (c) or (c.1);
Marginal note:2012, c. 1, s. 36
30. Paragraph 753.1(2)(a) of the Act is replaced by the following:
(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
31. Subsection 810.1(1) of the Act is amended
(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and
(b) by replacing the reference to “273, 280 or 281” with a reference to “273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2)”.
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