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Protection of Communities and Exploited Persons Act (S.C. 2014, c. 25)

Assented to 2014-11-06

Marginal note:2010, c. 17, s. 6

 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

 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
  •  (1) Subparagraphs (b)(x) to (xii) of the definition “designated offence” in section 752 of the Act are repealed.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

 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

 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)”.

Marginal note:2007, c. 22, s. 23; 2012, c. 1, s. 38

 Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

  • [ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 252, 264, 264.1, 266 and 270, subsection 286.1(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

Marginal note:2004, c. 10, s. 21; 2007, c. 5, s. 31

 The paragraph before section 1 of Form 53 in Part XXVIII of the Act is replaced by the following:

Because, on .......... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, .......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act, under .......... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. C-5Canada Evidence Act

 Subsection 4(2) of the Canada Evidence Act is amended

  • (a) by striking out the reference to “212,”; and

  • (b) by replacing the reference to “273, 280 to 283” with a reference to “273, 279.01 to 279.03, 280 to 283, 286.1 to 286.3”.

R.S., c. C-47Criminal Records Act

Marginal note:2010, c. 5, s. 9
  •  (1) Subparagraphs 1(a)(xi) to (xiii) of Schedule 1 to the Criminal Records Act are repealed.

  • (2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (xvi):

    • (xvi.1) section 279.011 (trafficking  — person under 18 years),

    • (xvi.2) subsection 279.02(2) (material benefit  —  trafficking of person under 18 years),

    • (xvi.3) subsection 279.03(2) (withholding or destroying documents  —  trafficking of person under 18 years),

    • (xvi.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

    • (xvi.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

    • (xvi.6) subsection 286.3(2) (procuring  — person under 18 years),

  • (3) Schedule 1 to the Act is amended by adding the following after paragraph 1(b):

    • (b.1) under the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force:

      • (i) subsection 212(2) (living on the avails of prostitution of person under 18 years),

      • (ii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

      • (iii) subsection 212(4) (prostitution of person under 18 years);

R.S., c. N-5National Defence Act

Marginal note:2005, c. 25, s. 23(1); 2007, c. 22, s. 48(1); 2010, c. 17, s. 46

 The definition “primary designated offence” in section 196.11 of the National Defence Act is replaced by the following:

“primary designated offence”

« infraction primaire »

“primary designated offence” means

  • (a) an offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

  • (a.1) an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

  • (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

Marginal note:2007, c. 5, s. 4

 Paragraph (a) of the definition “designated offence” in section 227 of the Act is replaced by the following:

  • (a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

 
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