An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (S.C. 2018, c. 21)

Marginal note:R.S., c. 1 (4th Supp.), s. 15(2)

16 Subsection 335(2) of the Act is replaced by the following:

Marginal note:1992, c. 1, s. 58(1) (Sch. 1, s. 7)

17 Subsection 461(3) of the Act is replaced by the following:

Marginal note:2005, c. 25, s. 1(7)

• 18 (1) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is repealed.

• (2) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):

  • (viii.2) subsection 320.16(1) (failure to stop after accident),

• (3) The definition secondary designated offence in section 487.04 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after that paragraph:

  • (d.1) an offence under section 252, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force;

  • (d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as they read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment; and

• Marginal note:2007, c. 22, s. 8(5)

  (4) Subparagraph (e)(ii) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:

  • (ii) an offence referred to in any of paragraphs (c) to (d.2); (infraction secondaire)

Marginal note:1992, c. 1, s. 58(1) (Sch. I, s. 9(1))

• 19 (1) Subsection 487.1(1) of the Act is replaced by the following:

  Marginal note:Telewarrants

  • 487.1 (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

• Marginal note:R.S., c. 27 (1st Supp.), s. 69; 1992, c. 1, s. 58(1) (Sch. I, s. 9(2)), s. 59 (Sch. I, s. 18) (E); 1994, c. 44, s. 37(4)

  (2) Subsection 487.1(5) of the Act is replaced by the following:

  • Marginal note:Issuing warrant

    (5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication

    • (a) is in respect of an indictable offence and conforms to the requirements of subsection (4);

    • (b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and

    • (c) discloses reasonable grounds in accordance with paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.

    The justice may require that the warrant be executed within the period that he or she may order.

• Marginal note:1992, c. 1, s. 58(1) (Sch. I, s. 9(3))

  (3) Subsections 487.1(7) and (8) of the Act are replaced by the following:

  • Marginal note:Providing facsimile

    (7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

  • Marginal note:Affixing facsimile

    (8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

Marginal note:2000, c. 2, s. 3

20 Subsection 662(5) of the Act is replaced by the following:

Marginal note:2013, c. 11, s. 2

21 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:

Marginal note:1994, c. 44, s. 68

22 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2011, c. 7, s. 2

23 Subsection 729.1(2) of the Act is replaced by the following:

Marginal note:1999, c. 32, s. 6

24 Paragraph 732.1(3)(g.2) of the French version of the Act is replaced by the following:

25 Paragraph (b) of the definition designated offence in section 752 of the Act is amended by adding the following after subparagraph (xxiii.3):

Marginal note:2013, c. 11, s. 4

26 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:

Marginal note:2011, c. 7, s. 12

27 Subsection 811.1(2) of the Act is replaced by the following:

Marginal note:1999, c. 5, s. 45

28 Part XXVIII of the Act is amended by replacing the references after the form headings in the following forms with “(Sections 320.29 and 487)”:

• (a) Form 1;

• (b) Form 5.

Marginal note:2014, c. 25, s. 32

• 29 (1) 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 264, 264.1, 266 and 270, subsections 286.1(1) and 320.16(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

• (2) Form 5.04 in Part XXVIII of the Act is amended by striking out “or” at the end of subparagraph (b)(iv) and by adding the following after that subparagraph:

  • [ ] (iv.1) an offence under section 252 of the Criminal Code, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, or

Marginal note:R.S., c. 27 (1st Supp.), s. 184(3)

30 Form 5.1 in Part XXVIII of the Act is amended by replacing the reference after the heading “FORM 5.1” with the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 184(3)

31 Form 5.2 in Part XXVIII of the Act is replaced by the following:

FORM 5.2(Section 489.1)Report to a Justice

Canada,

Province of ,

(territorial division).

To the justice who issued a warrant to the undersigned under section 320.29, 487 or 487.1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under section 320.29, 487 or 487.1 of theCriminal Codeor under section 489 of theCriminal Codeor otherwise in the execution of duties under theCriminal Codeor other Act of Parliament to be specified)

• 1 searched the premises situated at ; and

• 2 seized the following things and dealt with them as follows:

  Property Seized (describe each thing seized)	Disposition (state, in respect of each thing seized, whether (a) it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or (b) it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom, it is being detained.)
  1.
  2.
  3.
  4.

In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9) of the Criminal Code shall be specified in the report.

Dated (date), at (place).

Signature of the peace officer or other person

Review and Report

Marginal note: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.

• Marginal note: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.

Transitional Provisions

Marginal note: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.

• Marginal note: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.

Marginal note: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.