Marginal note:2010, c. 17, s. 47(1)

38. Paragraph 227.01(3)(a) of the Act is replaced by the following:

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

39. Paragraph 227.09(3)(d) of the Act is replaced by the following:

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

40. Subsection 227.12(3) of the Act is replaced by the following:

1992, c. 20Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 44(7)

• 41. (1) Subparagraphs (a)(viii) and (ix) of the definition “sexual offence involving a child” in subsection 129(9) of the Corrections and Conditional Release Act are replaced by the following:

  • (viii) section 279.011 (trafficking  —  person under 18 years),

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

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

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

  • (xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

  • (xiii) subsection 286.3(2) (procuring  — person under 18 years),

• (2) The definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after paragraph (b):

  • (b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:

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

    • (ii) subsection 212(4) (prostitution of person under 18 years),

Marginal note:2012, c. 1, s. 103(7)

• 42. (1) Paragraphs 1(n) to (o) of Schedule I to the Act are repealed.

• (2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.2):

  • (z.201) section 279.011 (trafficking  —  person under 18 years);

  • (z.202) subsection 279.02(2) (material benefit  —  trafficking of person under 18 years);

  • (z.203) subsection 279.03(2) (withholding or destroying documents  —  trafficking of person under 18 years);

• (3) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.21):

  • (z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);

  • (z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);

  • (z.24) subsection 286.3(2) (procuring  — person under 18 years);

• (4) Schedule I to the Act is amended by adding the following after section 5.1:

  5.2 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

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

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

  • (c) subsection 212(4) (prostitution of person under 18 years).

2002, c. 1Youth Criminal Justice Act

• 43. (1) Paragraphs 1(i) and (j) of the schedule to the Youth Criminal Justice Act are repealed.

• (2) Section 1 of the schedule to the Act is amended by adding the following after paragraph (t):

  • (t.1) section 279.011 (trafficking  —  person under 18 years);

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

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

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

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

  • (t.6) subsection 286.3(2) (procuring  —  person under 18 years);

• (3) The schedule to the Act is amended by adding the following after section 1:

  1.1 An offence under one of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force:

  • (a) subsection 212(2) (living on the avails of prostitution of person under 18 years); and

  • (b) subsection 212(4) (prostitution of person under 18 years).

2004, c. 21International Transfer of Offenders Act

Marginal note:2010, c. 17, s. 62

44. Section 36.1 of the International Transfer of Offenders Act is replaced by the following:

Marginal note:2010, c. 17, s. 62

• 45. (1) Subsection 36.2(3) of the Act is replaced by the following:

  • Marginal note:Duration — if more than one offence

    (3) The obligation applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence in respect of which the equivalent criminal offence is 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) of the Criminal Code.

• Marginal note:2010, c. 17, s. 62

  (2) Paragraph 36.2(6)(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) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

REVIEW AND REPORT

Marginal note: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.

• Marginal note: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.

COORDINATING AMENDMENTS

Marginal note:Bill C-13

• 46. (1) Subsections (2) to (7) apply if Bill C-13, introduced in the 2nd session of the 41st Parliament and entitled the Protecting Canadians from Online Crime Act (in this section referred to as the “other Act”), receives royal assent.

• (2) On the first day on which both subsection 4(1) of the other Act and subsection 6(1) of this Act are in force, subsection 164(1) of the Criminal Code is replaced by the following:

  Marginal note:Warrant of seizure

  • 164. (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that

    • (a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;

    • (b) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is an intimate image;

    • (c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, as defined in section 163;

    • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography as defined in section 163.1; or

    • (e) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement of sexual services.

• (3) On the first day on which both subsection 4(2) of the other Act and subsection 6(2) of this Act are in force, subsections 164(3) to (5) of the Criminal Code are replaced by the following:

  • Marginal note:Owner and maker may appear

    (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

• (4) On the first day on which both subsection 4(3) of the other Act and subsection 6(3) of this Act are in force, subsection 164(7) of the Criminal Code is replaced by the following:

  • Marginal note:Consent

    (7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163, 163.1 or 286.4 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

• (5) On the first day on which both subsection 5(1) of the other Act and subsection 7(1) of this Act are in force, the portion of subsection 164.1(1) of the Criminal Code before paragraph (a) is replaced by the following:

  Marginal note:Warrant of seizure

  • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material  —  namely, child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services available  — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

• (6) On the first day on which both subsection 5(2) of the other Act and subsection 7(2) of this Act are in force, subsection 164.1(5) of the Criminal Code is replaced by the following:

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.

• (7) On the first day on which both subsection 5(3) of the other Act and subsection 7(3) of this Act are in force, subsection 164.1(7) of the Criminal Code is replaced by the following:

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is child pornography as defined in 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).