An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
S.C. 2019, c. 25
Assented to 2019-06-21
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
SUMMARY
This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.
The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.
Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46Criminal Code
Amendments to the Act
Marginal note:2001, c. 41, s. 2(1); 2002, c. 7, s. 137(1); 2005, c. 40, s. 1(2) and s. 7; 2013, c. 13, s. 2(1); 2014, c. 23, s. 2; 2015, c. 3, s. 44(4)(E) and c. 20, s. 15(1)
1 (1) The definition Attorney General in section 2 of the Criminal Code is replaced by the following:
- Attorney General
Attorney General
(a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy or, if those proceedings are referred to in subsection 2.3(1), the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,
(b) means the Attorney General of Canada and includes his or her lawful deputy with respect to
(i) Yukon, the Northwest Territories and Nunavut, or
(ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, and
(c) means the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act with respect to proceedings in relation to an offence under the Canada Elections Act; (procureur général)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- audioconference
audioconference means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)
- videoconference
videoconference means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)
(3) Section 2 of the Act is amended by adding the following in alphabetical order:
- appearance notice
appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)
- intimate partner
intimate partner with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime)
- recognizance
recognizance means a recognizance in Form 32 entered into before a judge or justice; (engagement)
- release order
release order means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté)
- summons
summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)
- undertaking
undertaking means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)
2 The Act is amended by adding the following after section 2.2:
Marginal note:Concurrent jurisdiction
2.3 (1) The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are
(a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;
(b) proceedings in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.1, 271 to 273, 279 or 279.1;
(c) proceedings in relation to an offence referred to in subsection 7(3.71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada;
(d) proceedings in relation to an offence if the act or omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada;
(e) a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.01 or 810.011, if he or she has given consent to the information referred to in those sections; and
(f) proceedings under section 83.13, 83.14, 83.222, 83.223, 83.28, 83.29 or 83.3.
Marginal note:For greater certainty — Attorney General of Canada
(2) For greater certainty, the Attorney General of Canada or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct
(a) a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;
(b) a proceeding in relation to a criminal organization offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding;
(c) a proceeding in relation to an offence referred to in section 354, 355.2, 355.4 or 462.31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence;
(d) a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her;
(e) a proceeding for the failure to comply with any condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and
(f) any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.
Marginal note:For greater certainty — Director of Public Prosecutions
(3) For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2).
Marginal note:2002, c. 13, s. 2
3 Section 3.1 of the Act is renumbered as subsection 3.1(1) and is amended by adding the following:
Marginal note:Clerk of the court
(2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.
Marginal note:1999, c. 35, s. 11
Marginal note:2001, c. 27, s. 244; 2012, c. 1, s. 10; 2014, c. 25, s. 3
(2) Subsection 7(4.1) of the Act is replaced by the following:
Marginal note:Offence in relation to sexual offences against children
(4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 286.1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
5 Section 20 of the Act is replaced by the following:
Marginal note:Certain acts on holidays valid
20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.
6 (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Sabotage
52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to
(2) The portion of subsection 52(1) of the English version of the Act after paragraph (b) is repealed.
7 Subsection 57(3) of the Act is replaced by the following:
Marginal note:Possession of forged, etc., passport
(3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of
8 (1) The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulent use of certificate of citizenship
58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada,
(2) The portion of subsection 58(1) of the English version of the Act after paragraph (b) is repealed.
9 (1) The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences in relation to military forces
62 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally
(2) The portion of subsection 62(1) of the English version of the Act after paragraph (c) is repealed.
Marginal note:2013, c. 15, s. 2
10 Section 65 of the Act is replaced by the following:
11 Section 69 of the Act is replaced by the following:
Marginal note:Neglect by peace officer
69 A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of
12 Subsection 70(3) of the Act is replaced by the following:
Marginal note:R.S., c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58(1) (Sch. I, s. 2)
13 Paragraphs 73(a) and (b) of the Act are replaced by the following:
Marginal note:1997, c. 23, s. 2
14 Subsection 82(1) of the Act is replaced by the following:
Marginal note:Possession of explosive
Marginal note:2001, c. 41, s. 4
15 (1) The portion of section 83.02 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Providing or collecting property for certain activities
83.02 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out
Marginal note:2001, c. 41, s. 4
(2) The portion of section 83.02 of the English version of the Act after paragraph (b) is repealed.
Marginal note:2001, c. 41, s. 4
16 (1) The portion of section 83.03 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Providing, making available, etc., property or services for terrorist purposes
83.03 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services
Marginal note:2001, c. 41, s. 4
(2) The portion of section 83.03 of the English version of the Act after paragraph (b) is repealed.
Marginal note:2001, c. 41, s. 4
17 (1) The portion of section 83.04 of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Using or possessing property for terrorist purposes
83.04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who
Marginal note:2001, c. 41, s. 4
(2) The portion of section 83.04 of the English version of the Act after paragraph (b) is repealed.
Marginal note:2001, c. 41, s. 4
18 (1) The portion of subsection 83.12(1) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences — freezing of property, disclosure or audit
83.12 (1) Every person who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable
Marginal note:2001, c. 41, s. 4
(2) Paragraphs 83.12(1)(a) and (b) of the Act are replaced by the following:
Marginal note:2001, c. 41, s. 4
19 Subsection 83.13(11) of the Act is replaced by the following:
Marginal note:Procedure
(11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2001, c. 41, s. 4
20 Subsection 83.18(1) of the Act is replaced by the following:
Marginal note:Participation in activity of terrorist group
83.18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Marginal note:2013, c. 9, s. 6
21 Section 83.181 of the Act is replaced by the following:
Marginal note:Leaving Canada to participate in activity of terrorist group
83.181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Marginal note:2013, c. 9, s. 9
22 (1) Subsection 83.23(1) of the Act is replaced by the following:
Marginal note:Concealing person who carried out terrorist activity
83.23 (1) Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and
(b) an indictable offence and liable to imprisonment for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.
(2) Subsection 83.23(2) of the English version of the Act is replaced by the following:
Marginal note:Concealing person who is likely to carry out terrorist activity
(2) Every person who knowingly harbours or conceals another person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Marginal note:2004, c. 15, s. 32
23 Paragraph 83.231(3)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2013, c. 9, s. 10
24 The portion of subsection 83.3(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:When person to be taken before judge
(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
Marginal note:1995, c. 39, s. 139
25 Paragraph 95(2)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:1995, c. 39, s. 139
26 Paragraph 96(2)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:1995, c. 39, s. 139
27 Paragraph 102(2)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:1995, c. 39, s. 139
28 Subsection 103(3) of the Act is repealed.
Marginal note:1995, c. 39, s. 139
29 Subsection 104(3) of the Act is repealed.
Marginal note:2015, c. 27, s. 30
30 Subparagraph 109(1)(a.1)(i) of the Act is replaced by the following:
(i) the person’s intimate partner,
Marginal note:2015, c. 27, s. 31(2)
31 Paragraph 110(2.1)(a) of the Act is replaced by the following:
(a) the person’s intimate partner;
Marginal note:2015, c. 27, s. 32
32 Section 110.1 of the Act is repealed.
33 Subsection 121(3) of the Act is replaced by the following:
Marginal note:2014, c. 23, s. 3
34 (1) The portion of subsection 121.1(4) of the French version of the Act before subparagraph (a)(i) is replaced by the following:
Marginal note:Peine
(4) Quiconque contrevient au paragraphe (1) est coupable :
a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans et, si la quantité de produits du tabac est égale ou supérieure à 10 000 cigarettes ou à 10 kg de tout autre produit du tabac, ou si celle de tabac en feuilles est égale ou supérieure à 10 kg :
Marginal note:2014, c. 23, s. 3
(2) Paragraph 121.1(4)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
35 Section 122 of the Act is replaced by the following:
Marginal note:Breach of trust by public officer
122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of
Marginal note:2007, c. 13, s. 6
36 (1) The portion of subsection 123(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Municipal corruption
123 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
Marginal note:2007, c. 13, s. 6
(2) The portion of subsection 123(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Influencing municipal official
(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by
37 (1) The portion of section 124 of the Act before paragraph (a) is replaced by the following:
Marginal note:Selling or purchasing office
124 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 124 of the English version of the Act after paragraph (b) is repealed.
38 (1) The portion of section 125 of the Act before paragraph (a) is replaced by the following:
Marginal note:Influencing or negotiating appointments or dealing in offices
125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
39 Subsection 126(1) of the Act is replaced by the following:
Marginal note:Disobeying a statute
126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of
40 (1) The portion of section 128 of the Act before paragraph (a) is replaced by the following:
Marginal note:Misconduct of officers executing process
128 Every peace officer or coroner is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being entrusted with the execution of a process, intentionally
(2) The portion of section 128 of the English version of the Act after paragraph (b) is repealed.
Marginal note:1999, c. 18, s. 93
41 Subsection 136(1.1) of the Act is replaced by the following:
Marginal note:Evidence in specific cases
(1.1) Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).
42 (1) The portion of section 138 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences relating to affidavits
138 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 138 of the English version of the Act after paragraph (c) is repealed.
43 Subsection 139(2) of the Act is replaced by the following:
Marginal note:Idem
(2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 19
44 Subsection 141(1) of the Act is replaced by the following:
Marginal note:Compounding indictable offence
141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of
45 Section 142 of the Act is replaced by the following:
Marginal note:Corruptly taking reward for recovery of goods
142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of
46 (1) The portion of section 144 of the Act before paragraph (a) is replaced by the following:
Marginal note:Prison breach
144 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 144 of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 20(1); 1997, c. 18, ss. 3(1) and (2); 2008, c. 18, s. 3
47 (1) Subsections 145(1) to (6) of the Act are replaced by the following:
Marginal note:Escape and being at large without excuse
145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of
Marginal note:Failure to attend court or surrender
(2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,
(a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;
(b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or
(c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.
Marginal note:Failure to comply with appearance notice or summons
(3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of
Marginal note:Failure to comply with undertaking
(4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,
(a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or
(b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.
Marginal note:Failure to comply with order
(5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who
(a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or
(b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
Marginal note:Not an excuse
(6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.
Marginal note:1992, c. 47, s. 68; 1994, c. 44, s. 8(3); 1996, c. 7, s. 38; 1997, c. 18, s. 3(3)
(2) Subsections 145(8) and (9) of the Act are replaced by the following:
Marginal note:Election of Crown under Contraventions Act
(8) For the purposes of paragraph (2)(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.
Marginal note:Proof of certain facts by certificate
(9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,
(a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;
(b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;
(c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and
(d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.
48 (1) The portion of section 146 of the Act before paragraph (a) is replaced by the following:
Marginal note:Permitting or assisting escape
146 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 146 of the English version of the Act after paragraph (c) is repealed.
49 (1) The portion of section 147 of the Act before paragraph (a) is replaced by the following:
Marginal note:Rescue or permitting escape
147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 147 of the English version of the Act after paragraph (c) is repealed.
50 (1) The portion of section 148 of the Act before paragraph (a) is replaced by the following:
Marginal note:Assisting prisoner of war to escape
148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly
(2) The portion of section 148 of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 19 (3rd Supp.), s. 1; 2014, c. 25, s. 4
51 Subsection 150.1(5) of the Act is replaced by the following:
Marginal note:Idem
(5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.
Marginal note:1998, c. 9, s. 2
52 (1) Subsection 153.1(1) of the French version of the Act is replaced by the following:
Marginal note:Personnes en situation d’autorité
153.1 (1) Toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet est coupable :
Marginal note:1998, c. 9, s. 2
(2) Paragraph 153.1(1)(b) of the English version of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
53 The Act is amended by adding the following after section 155:
Marginal note:Historical offences
156 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.
Marginal note:R.S., c. 19 (3rd Supp.), s. 3
54 Section 159 of the Act is repealed.
Marginal note:2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, par. 5(1)(a) and (b)
55 (1) Paragraph 161(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 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:2015, c. 23, s. 6
(2) Paragraph 161(4)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2015, c. 23, s. 33
56 Paragraph 162.2(4)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
57 Subsection 172(1) of the Act is replaced by the following:
Marginal note:Corrupting children
172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of
Marginal note:2012, c. 1, s. 23
58 Paragraph 173(1)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
59 (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Obstructing or violence to or arrest of officiating clergyman
176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 176(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 19 (3rd Supp.), s. 8
60 Section 179 of the Act is repealed.
61 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Common nuisance
180 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so
(2) The portion of subsection 180(1) of the English version of the Act after paragraph (b) is repealed.
62 Section 181 of the Act is repealed.
63 (1) The portion of section 182 of the Act before paragraph (a) is replaced by the following:
Marginal note:Dead body
182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 182 of the English version of the Act after paragraph (b) is repealed.
63.1 Subparagraph (a)(xxxiv) of the definition offence in section 183 of the Act is repealed.
64 Subsection 184(1) of the Act is replaced by the following:
Marginal note:Interception
Marginal note:1993, c. 40, s. 4
65 Subsection 184.5(1) of the Act is replaced by the following:
Marginal note:Interception of radio-based telephone communications
184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of
Marginal note:1993, c. 40, s. 9
66 Section 188.1 of the Act is replaced by the following:
Marginal note:Execution in Canada
188.1 An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.
67 Subsection 191(1) of the Act is replaced by the following:
Marginal note:Possession, etc.
191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of
68 Subsection 193(1) of the Act is replaced by the following:
Marginal note:Disclosure of information
193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly
Marginal note:Punishment
(1.1) Every person who commits an offence under subsection (1) is guilty of
Marginal note:1993, c. 40, s. 12
69 The portion of subsection 193.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure of information received from interception of radio-based telephone communications
193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if
69.1 (1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.
(2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:
- disorderly house
disorderly house means a common betting house or a common gaming house; (maison de désordre)
69.2 (1) Subsection 199(1) of the Act is replaced by the following:
Marginal note:Warrant to search
199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.
(2) Subsection 199(6) of the Act is replaced by the following:
Marginal note:Telephones exempt from seizure
(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
70 Subsection 201(1) of the Act is replaced by the following:
71 The portion of subsection 206(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence in relation to lotteries and games of chance
206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
72 Section 209 of the Act is replaced by the following:
Marginal note:Cheating at play
209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of
73 The heading before section 210 and sections 210 and 211 of the Act are repealed.
Marginal note:2005, c. 32, s. 11
74 Paragraph 215(3)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:2005, c. 32, s. 12
75 Paragraph 218(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
76 Section 221 of the Act is replaced by the following:
77 Paragraph 229(c) of the Act is replaced by the following:
(c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.
Marginal note:R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1
78 Section 230 of the Act is repealed.
79 Section 237 of the Act is replaced by the following:
Marginal note:2016, c. 3, s. 3
80 Section 241.3 of the Act is replaced by the following:
Marginal note:Failure to comply with safeguards
241.3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)(b) to (i) and subsection 241.2(8) is guilty of
Marginal note:2016, c. 3, s. 3
81 Subsection 241.4(3) of the Act is replaced by the following:
82 Sections 242 and 243 of the Act are replaced by the following:
Marginal note:Neglect to obtain assistance in childbirth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Concealing body of child
243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of
Marginal note:2016, c. 3, s. 6
83 Subsection 245(1) of the Act is replaced by the following:
Marginal note:Administering noxious thing
245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty
(a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or
(b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.
Marginal note:2004, c. 12, s. 6
84 (1) The portion of subsection 247(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Traps likely to cause bodily harm
247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,
Marginal note:2004, c. 12, s. 6
(2) Subsections 247(2) and (3) of the Act are replaced by the following:
Marginal note:Bodily harm
(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of
Marginal note:Offence-related place
(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 36
85 Subsection 249(3) of the Act is replaced by the following:
Marginal note:Dangerous operation causing bodily harm
(3) Every person who commits an offence under subsection (1) and by doing so causes bodily harm to any other person is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 36
86 (1) The portion of subsection 251(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unseaworthy vessel and unsafe aircraft
251 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who endangers the life of any person by knowingly committing one of the following acts:
Marginal note:R.S., c. 27 (1st Supp.), s. 36
(2) The portion of subsection 251(1) of the English version of the Act after paragraph (c) is repealed.
Marginal note:1999, c. 32, s. 1
87 Subsection 252(1.2) of the Act is replaced by the following:
Marginal note:Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, ss. 21(1) to (3)
88 Subsections 255(1) to (2.2) of the Act are replaced by the following:
Marginal note:Punishment
255 (1) Every person who commits an offence under section 253 or 254 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years and to a minimum punishment of,
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
Marginal note:Impaired driving causing bodily harm
(2) Every person who, while committing an offence under paragraph 253(1)(a), causes bodily harm to another person is guilty of
Marginal note:Blood alcohol level over legal limit — bodily harm
(2.1) Every person who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of
Marginal note:Failure or refusal to provide sample — bodily harm
(2.2) Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, s. 24(3)(F)
89 (1) The portion of paragraph 258(1)(c) of the Act before subparagraph (ii) is replaced by the following:
(c) if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
Marginal note:2008, c. 6, s. 24(4)(E)
(2) The portion of paragraph 258(1)(c) of the English version of the Act after subparagraph (iv) is repealed.
Marginal note:2008, c. 6, s. 24(5)
(3) The portion of paragraph 258(1)(d) of the Act before subparagraph (i) is replaced by the following:
(d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that
Marginal note:2008, c. 6, s. 24(5)(E)
(4) The portion of paragraph 258(1)(d) of the English version of the Act after subparagraph (v) is repealed.
90 (1) The portion of section 262 of the Act before paragraph (a) is replaced by the following:
Marginal note:Impeding attempt to save life
262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 262 of the English version of the Act after paragraph (b) is repealed.
Marginal note:1997, c. 16, s. 4
91 Paragraph 264(4)(b) of the Act is replaced by the following:
(b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).
Marginal note:1994, c. 44, s. 16(2)
92 Paragraph 264.1(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:1994, c. 44, s. 17
93 (1) The portion of section 267 of the Act before paragraph (a) is replaced by the following:
Marginal note:Assault with a weapon or causing bodily harm
267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,
(2) Section 267 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by replacing the portion after paragraph (b) with the following:
(c) chokes, suffocates or strangles the complainant.
Marginal note:1994, c. 44, s. 18
94 Paragraph 269(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2009, c. 22, s. 9
95 Paragraph 270.01(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2002, c. 13, s. 11
96 Paragraph 270.1(3)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
97 Subsection 272(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) chokes, suffocates or strangles the complainant; or
Marginal note:1993, c. 45, s. 3
98 Paragraph 273.3(1)(c) of the Act is replaced by the following:
(c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or
Marginal note:2002, c. 13, s. 12; 2014, c. 25, par. 16(a) and (b)
99 Sections 274 and 275 of the Act are replaced by the following:
Marginal note:Corroboration not required
274 If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
Marginal note:Rules respecting recent complaint abrogated
275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
Marginal note:2002, c. 13, s. 13
100 The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Evidence of complainant’s sexual activity
276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
Marginal note:2002, c. 13, s. 14
101 Section 277 of the Act is replaced by the following:
Marginal note:Reputation evidence
277 In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
Marginal note:1998, c. 9, s. 3; 2014, c. 25, par. 17(2)(a) and (b)
102 Paragraph 278.2(1)(a) of the Act is replaced by the following:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or
Marginal note:1997, c. 18, s. 14
103 Paragraph 279(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2014, c. 25, s. 19
104 Subsection 279.02(1) of the Act is replaced by the following:
Marginal note:Material benefit — trafficking
279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of
Marginal note:2014, c. 25, s. 19
105 Subsection 279.03(1) of the Act is replaced by the following:
Marginal note:Withholding or destroying documents — trafficking
279.03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of
106 Subsection 280(1) of the Act is replaced by the following:
Marginal note:Abduction of person under age of 16
280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of
107 Section 281 of the Act is replaced by the following:
Marginal note:Abduction of person under age of 14
281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
Marginal note:2014, c. 25, s. 20
108 The portion of paragraph 286.1(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
Marginal note:2014, c. 25, s. 20
109 Subsection 286.2(1) of the Act is replaced by the following:
Marginal note:Material benefit from sexual services
286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of
Marginal note:2014, c. 25, s. 20
110 Paragraph 286.4(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2002, c. 7, s. 141; 2015, c. 3, s. 48
111 Section 287 of the Act is repealed.
112 Subsection 291(1) of the Act is replaced by the following:
113 Subsection 292(1) of the Act is replaced by the following:
Marginal note:Procuring feigned marriage
114 Subsection 293(1) of the Act is replaced by the following:
Marginal note:Polygamy
293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
Marginal note:2015, c. 29, s. 9
115 Sections 293.1 and 293.2 of the Act are replaced by the following:
Marginal note:Forced marriage
293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Marriage under age of 16 years
293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of
116 (1) The portion of section 294 of the Act before paragraph (a) is replaced by the following:
Marginal note:Pretending to solemnize marriage
294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
Marginal note:2015, c. 29, s. 10
117 Section 295 of the Act is replaced by the following:
Marginal note:Marriage contrary to law
295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of
118 Sections 300 and 301 of the Act are replaced by the following:
Marginal note:Punishment of libel known to be false
300 Every person who publishes a defamatory libel that they know is false is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Punishment for defamatory libel
301 Every person who publishes a defamatory libel is guilty of
119 Subsection 302(3) of the Act is replaced by the following:
120 Subsection 318(1) of the Act is replaced by the following:
Marginal note:Advocating genocide
318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Marginal note:2010, c. 14, s. 3
121 Paragraph 333.1(1)(b) of the Act is replaced by the following:
(b) on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:1994, c. 44, s. 20(1)
122 (1) Paragraph 334(a) of the Act is replaced by the following:
(2) The portion of paragraph 334(b) of the Act before subparagraph (i) is replaced by the following:
(b) if the value of what is stolen is not more than $5,000, is guilty
Marginal note:1994, c. 44, s. 20(2)
(3) The portion of paragraph 334(b) of the Act after subparagraph (ii) is repealed.
123 (1) The portion of subsection 338(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulently taking cattle or defacing brand
338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(2) The portion of subsection 338(1) of the English version of the Act after paragraph (b) is repealed.
(3) Subsection 338(2) of the Act is replaced by the following:
124 Subsection 339(1) of the Act is replaced by the following:
Marginal note:Taking possession, etc., of drift timber
339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;
(b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or
(c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.
125 (1) The portion of section 340 of the Act before paragraph (a) is replaced by the following:
Marginal note:Destroying documents of title
340 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates
(2) The portion of section 340 of the English version of the Act after paragraph (c) is repealed.
126 Section 341 of the Act is replaced by the following:
Marginal note:2007, c. 9, s. 1
127 Paragraph 347(1)(b) of the Act is replaced by the following:
(b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.
128 Subsection 351(2) of the Act is replaced by the following:
Marginal note:Disguise with intent
(2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of
129 Section 352 of the Act is replaced by the following:
Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices
352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of
130 (1) The portion of subsection 353(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Selling, etc., automobile master key
353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 353(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:1994, c. 44, s. 21(1)
131 (1) Paragraph 355(a) of the Act is replaced by the following:
(2) The portion of paragraph 355(b) of the Act before subparagraph (i) is replaced by the following:
(b) if the value of the subject matter of the offence is not more than $5,000, is guilty
Marginal note:1994, c. 44, s. 21(2)
(3) The portion of paragraph 355(b) of the Act after subparagraph (ii) is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 50
132 Section 357 of the Act is replaced by the following:
Marginal note:Bringing into Canada property obtained by crime
357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of
Marginal note:1994, c. 44, s. 22(1)
133 (1) Paragraph 362(2)(a) of the Act is replaced by the following:
(2) The portion of paragraph 362(2)(b) of the Act before subparagraph (i) is replaced by the following:
(b) if the value of what is obtained is not more than $5,000, is guilty
Marginal note:1994, c. 44, s. 22(2)
(3) The portion of paragraph 362(2)(b) of the Act after subparagraph (ii) is repealed.
(4) Subsection 362(3) of the Act is replaced by the following:
134 (1) The portion of section 363 of the Act before paragraph (a) is replaced by the following:
Marginal note:Obtaining execution of valuable security by fraud
363 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person
(2) The portion of section 363 of the English version of the Act after paragraph (b) is repealed.
135 (1) The portion of subsection 377(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Damaging documents
377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully
(2) The portion of subsection 377(1) of the English version of the Act after paragraph (d) is repealed.
136 (1) The portion of section 378 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences in relation to registers
378 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 378 of the English version of the Act after paragraph (c) is repealed.
137 Section 381 of the Act is replaced by the following:
Marginal note:Using mails to defraud
381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of
Marginal note:2004, c. 3, s. 4(F)
138 (1) The portion of section 382 of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulent manipulation of stock exchange transactions
382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,
Marginal note:2004, c. 3, s. 4(E)
(2) The portion of section 382 of the English version of the Act after paragraph (c) is repealed.
Marginal note:2004, c. 3, s. 5
139 The portion of subsection 382.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Prohibited insider trading
382.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they
140 (1) The portion of subsection 383(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Gaming in stocks or merchandise
383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,
(2) The portion of subsection 383(1) of the English version of the Act after paragraph (b) is replaced by the following:
This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.
141 Section 384 of the Act is replaced by the following:
Marginal note:Broker reducing stock by selling for their own account
384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is guilty of
142 (1) The portion of subsection 385(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulent concealment of title documents
385 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who
(2) Paragraph 385(1)(a) of the English version of the Act is replaced by the following:
(a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or
(3) The portion of subsection 385(1) of the English version of the Act after paragraph (b) is repealed.
143 (1) The portion of section 386 of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulent registration of title
386 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,
(2) The portion of section 386 of the English version of the Act after paragraph (c) is repealed.
144 Section 387 of the Act is replaced by the following:
Marginal note:Fraudulent sale of real property
387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of
145 (1) The portion of section 388 of the Act before paragraph (a) is replaced by the following:
Marginal note:Misleading receipt
388 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly,
(2) The portion of section 388 of the English version of the Act after paragraph (b) is repealed.
146 (1) The portion of subsection 389(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraudulent disposal of goods on which money advanced
389 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 389(1) of the English version of the Act after paragraph (b) is repealed.
147 Section 390 of the Act is replaced by the following:
Marginal note:Fraudulent receipts under Bank Act
390 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(a) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
(b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.
148 (1) The portion of section 392 of the Act before paragraph (a) is replaced by the following:
Marginal note:Disposal of property to defraud creditors
392 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
(2) The portion of section 392 of the English version of the Act after paragraph (b) is repealed.
149 (1) The portion of subsection 393(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Fraud in relation to fares, etc.
393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction:
(2) The portion of subsection 393(1) of the English version of the Act after paragraph (c) is repealed.
(3) The portion of subsection 393(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Idem
(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration
(4) The portion of subsection 393(2) of the English version of the Act after paragraph (b) is repealed.
Marginal note:1999, c. 5, s. 10
150 Subsection 394(5) of the Act is replaced by the following:
Marginal note:1999, c. 5, s. 10
151 Subsection 394.1(3) of the Act is replaced by the following:
152 Section 395 of the Act is amended by adding the following after subsection (1):
Marginal note:Execution in Canada
(1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
153 (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offences in relation to mines
396 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 396(1) of the English version of the Act after paragraph (b) is repealed.
154 (1) The portion of subsection 397(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Books and documents
397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,
(2) The portion of subsection 397(1) of the English version of the Act after the portion before paragraph (a) is replaced by the following:
(3) Subsection 397(2) of the Act is replaced by the following:
155 (1) The portion of section 399 of the Act before paragraph (a) is replaced by the following:
Marginal note:False return by public officer
399 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of
(2) The portion of section 399 of the English version of the Act after paragraph (b) is repealed.
156 (1) The portion of subsection 400(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:False prospectus, etc.
400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent
(2) The portion of subsection 400(1) of the English version of the Act after paragraph (c) is repealed.
157 (1) Section 405 of the Act is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(2) The portion of section 405 of the Act before paragraph (a) is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
158 (1) The portion of subsection 417(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Applying or removing marks without authority
417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
(2) The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:2001, c. 32, s. 10
159 Paragraph 423(1)(a) of the Act is replaced by the following:
(a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;
Marginal note:2001, c. 41, s. 11
160 Sections 424 and 424.1 of the Act are replaced by the following:
Marginal note:Threat against internationally protected person
424 Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Threat against United Nations or associated personnel
424.1 Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of
Marginal note:R.S., c. 27 (1st Supp.), s. 56
161 Subsection 426(3) of the Act is replaced by the following:
Marginal note:2001, c. 41, s. 12
162 (1) Paragraph 430(4.1)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:2014, c. 9, s. 1
(2) Paragraph 430(4.11)(c) of the Act is replaced by the following:
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:1990, c. 15, s. 1
163 Subsection 435(1) of the Act is replaced by the following:
Marginal note:Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
Marginal note:1990, c. 15, s. 1
164 Subsection 436(1) of the Act is replaced by the following:
Marginal note:Arson by negligence
436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of
Marginal note:1990, c. 15, s. 1
165 Section 436.1 of the Act is replaced by the following:
Marginal note:Possession of incendiary material
436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of
166 (1) The portion of subsection 438(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Interfering with saving of wrecked vessel
438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,
(2) The portion of subsection 438(1) of the English version of the Act after paragraph (b) is repealed.
167 Subsection 439(2) of the Act is replaced by the following:
Marginal note:Idem
(2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of
168 Sections 440 and 441 of the Act are replaced by the following:
Marginal note:Removing natural bar without permission
440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Marginal note:Occupant injuring building
441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, is guilty of
169 (1) The portion of subsection 443(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Interfering with international boundary marks, etc.
443 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes
(2) The portion of subsection 443(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:2008, c. 12, s. 1
170 Paragraph 445(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2015, c. 34, s. 3
171 Paragraph 445.01(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2008, c. 12, s. 1
172 Paragraph 445.1(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2008, c. 12, s. 1
173 Paragraph 446(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2008, c. 12, s. 1
174 Paragraph 447(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
175 Section 451 of the Act is replaced by the following:
Marginal note:Having clippings, etc.
451 Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of
176 (1) The portion of section 453 of the Act before paragraph (a) is replaced by the following:
Marginal note:Uttering coin
453 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, with intent to defraud, knowingly utters
(2) The portion of section 453 of the English version of the Act after paragraph (b) is repealed.
177 (1) The portion of subsection 460(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Advertising and dealing in counterfeit money, etc.
460 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 460(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 50 (4th Supp.), s. 1
178 Paragraphs 462.2(a) and (b) of the Act are replaced by the following:
(a) for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) for a second or subsequent offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2001, c. 32, s. 12(7); 2005, c. 44, s. 1(2); 2010, c. 14, s. 7
179 Subsections 462.3(3) and (4) of the Act are repealed.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29
180 Subsections 462.32(2.1) to (3) of the Act are replaced by the following:
Marginal note:Execution in Canada
(2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:Other provisions to apply
(3) Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.
Marginal note:1997, c. 18, s. 30(3)
181 Subsection 462.33(3.01) of the Act is replaced by the following:
Marginal note:Effect of order
(3.01) A restraint order issued under subsection (1) has effect throughout Canada.
Marginal note:1997, c. 18, s. 31(1)
182 (1) Subparagraph 462.34(4)(c)(iii) of the Act is replaced by the following:
(iii) permitting the use of the property in relation to an undertaking or release order,
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(2) Subsection 462.34(8) of the Act is repealed.
Marginal note:1998, c. 35, s. 121
183 Paragraph 465(1)(b) of the Act is replaced by the following:
(b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or
(ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;
Marginal note:2001, c. 32, s. 27
184 Subsection 467.11(1) of the Act is replaced by the following:
Marginal note:Participation in activities of criminal organization
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of
Marginal note:2001, c. 32, s. 28; 2014, c. 17, s. 11
185 Section 467.2 of the Act is repealed.
Marginal note:2002, c. 13, s. 17(1)
186 (1) The portion of subsection 482(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Power to make rules
(2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
(2) Subsection 482(4) of the Act is replaced by the following:
Marginal note:Publication
(4) Rules of court that are made under this section must be published or otherwise made available to the public.
Marginal note:2002, c. 13, s. 18
187 (1) Subsection 482.1(4) of the Act is replaced by the following:
Marginal note:Provisions to apply
(4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Marginal note:2002, c. 13, s. 18
(2) Subsections 482.1(5) and (6) of the Act are replaced by the following:
Marginal note:Subsections 482(4) and (5) to apply
(5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
Marginal note:2002, c. 13, s. 19
188 Subsection 485(1.1) of the Act is replaced by the following:
Marginal note:When accused not appearing personally
(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally apply.
Marginal note:2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21
189 Subsection 486(3) of the Act is replaced by the following:
Marginal note:Reasons to be stated
(3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.
Marginal note:2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, s. 22(1)
190 Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following:
(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
Marginal note:2008, c. 18, s. 11(1)
191 (1) Subsection 487(2) of the Act is replaced by the following:
Marginal note:Execution in Canada
(2) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
Marginal note:2008, c. 18, s. 11(2)
(2) Subsection 487(4) of the Act is repealed.
Marginal note:1993, c. 40, s. 15
192 Subsection 487.01(6) of the Act is replaced by the following:
Marginal note:Execution in Canada
(6) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2014, c. 31, s. 20
193 Subsection 487.019(2) of the Act is replaced by the following:
Marginal note:Effect of order
(2) The order has effect throughout Canada.
Marginal note:2014, c. 31, s. 20
194 Section 487.0198 of the Act is replaced by the following:
Marginal note:Offence — preservation or production order
487.0198 A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2014, c. 31, s. 20
195 Section 487.02 of the Act is replaced by the following:
Marginal note:Assistance order
487.02 If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.
Marginal note:2007, c. 22, s. 7; 2008, c. 18, s. 12
196 Section 487.03 of the Act is repealed.
196.1 (1) Subparagraph (c)(i) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(i) subsection 52(1) (sabotage),
(i.001) subsection 57(3) (possession of a forged passport),
(i.002) section 62 (offences in relation to military forces),
(i.003) subsection 65(2) (riot — concealing identity),
(i.004) subsection 70(3) (contravening order made by governor in council),
(i.005) subsection 82(1) (explosives, possession without lawful excuse),
(i.006) subsection 121(1) (frauds on the government),
(i.007) subsection 121(2) (contractor subscribing to election fund),
(i.008) section 122 (breach of trust by public officer),
(i.009) subsection 123(1) (municipal corruption),
(i.01) subsection 123(2) (influencing municipal official),
(i.011) section 124 (selling or purchasing office),
(i.012) section 125 (influencing or negotiating appointments or dealings in offices),
(i.013) subsection 139(2) (obstructing justice),
(i.014) section 142 (corruptly taking reward for recovery of goods),
(i.015) section 144 (prison breach),
(i.016) section 145 (escape and being at large without excuse),
(2) Subparagraph (c)(iv) of the definition secondary designated offence in section 487.04 of the Act is replaced by the following:
(iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),
(iv.1) section 184 (interception of private communication),
(iv.2) section 184.5 (interception of radio-based telephone communications),
(iv.3) section 221 (cause bodily harm by criminal negligence),
(iv.4) section 237 (infanticide),
(iv.5) section 242 (neglect to obtain assistance in child-birth),
(iv.6) subsection 247(1) (traps likely to cause bodily harm),
(iv.7) subsection 247(2) (traps — causing bodily harm),
(iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence),
(iv.9) section 262 (impeding attempt to save life),
(3) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii):
(4) 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.11) section 291 (bigamy),
(viii.12) section 292 (procuring feigned marriage),
(viii.13) section 293 (polygamy),
(viii.14) section 293.1 (forced marriage),
(viii.15) section 293.2 (marriage under age of 16 years),
(viii.16) section 300 (publishing defamatory libel known to be false),
(viii.17) section 302 (extortion by libel),
(5) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):
(6) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (x):
(x.1) subsection 351(2) (disguise with intent),
(x.11) paragraph 355(a) (possession of property over $5,000 or testamentary instrument),
(x.12) section 357 (bring into Canada property obtained by crime),
(x.13) paragraph 362(2)(a) (false pretence, property over $5,000 or testamentary instrument),
(x.14) subsection 362(3) (obtain credit, etc. by false pretence),
(x.15) section 363 (obtain execution of valuable security by fraud),
(x.16) subsection 377(1) (damaging documents),
(x.17) section 378 (offences in relation to registers),
(x.18) section 382 (manipulation of stock exchange),
(x.19) subsection 382.1(1) (prohibited insider trading),
(x.2) section 383 (gaming in stocks or merchandise),
(x.21) section 384 (broker reducing stock by selling his own account),
(x.22) section 386 (fraudulent registration of title),
(x.23) section 394 (fraud in relation to minerals),
(x.24) section 394.1 (possession of stolen minerals),
(x.25) section 396 (offences in relation to mines),
(x.26) section 397 (falsification of books and documents),
(x.27) section 399 (false return by public officer),
(x.28) section 400 (false prospectus),
(x.29) section 405 (acknowledging instrument in false name),
(7) Paragraph (c) of the definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (xi):
(xi.1) section 424 (threat against an internationally protected person),
(xi.11) section 424.1 (threat against United Nations or associated personnel),
(xi.12) section 426 (secret commissions),
(xi.13) section 435 (arson for fraudulent purpose),
(xi.14) section 436 (arson by negligence),
(xi.15) section 436.1 (possession incendiary material),
(xi.16) subsection 438(1) (interfering with saving of a wrecked vessel),
(xi.17) subsection 439(2) (interfering with a marine signal),
(xi.18) section 441 (occupant injuring building),
(xi.19) section 443 (interfering with international boundary marks, etc.),
(xi.2) section 451 (having clippings, etc.),
(xi.21) section 460 (advertising and dealing in counterfeit money),
(xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute),
(xi.23) section 753.3 (breach of long-term supervision).
197 Section 487.05 of the Act is amended by adding the following after subsection (3):
Marginal note:Execution in Canada
(4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2005, c. 25, s. 4; 2007, c. 22, s. 3
198 Paragraph 487.053(2)(c) of the Act is replaced by the following:
(c) may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2007, c. 22, s. 11(2)
199 Subsection 487.055(3.01) of the Act is replaced by the following:
Marginal note:Manner of appearance
(3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:1998, c. 37, s. 21(2)
200 Paragraph 487.08(4)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:1997, c. 18, s. 45
201 Subsection 487.092(3) of the Act is replaced by the following:
Marginal note:Execution in Canada
(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2004, c. 10, s. 20
202 Subparagraph (b)(iii) of the definition designated offence in subsection 490.011(1) of the Act is repealed.
Marginal note:2010, c. 17, s. 5
203 Paragraph 490.012(4)(c) of the Act is replaced by the following:
(c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2010, c. 17, s. 21(1)
204 Paragraph 490.031(1)(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2010, c. 17, s. 22
205 Paragraph 490.0311(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:1997, c. 23, s. 15
206 Subsection 490.8(9) of the Act is replaced by the following:
Marginal note:Offence
(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of
207 Section 492.1 of the Act is amended by adding the following after subsection (6):
Marginal note:Execution in Canada
(6.1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
208 Section 492.2 of the Act is amended by adding the following after subsection (5):
Marginal note:Execution in Canada
(5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
Marginal note:1994, c. 44, s. 39
209 (1) The definitions appearance notice, officer in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed.
(2) Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following:
(a) a person to whom a peace officer has issued an appearance notice under section 497, and
210 The Act is amended by adding the following after section 493:
Principle and Considerations
Marginal note:Principle of restraint
493.1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.
Marginal note:Aboriginal accused or vulnerable populations
493.2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of
211 The Act is amended by adding the following after section 495:
Marginal note:Arrest without warrant – application of section 524
495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
Marginal note:1999, c. 25, s. 3
212 Sections 496 and 497 of the Act are replaced by the following:
Marginal note:Appearance notice for judicial referral hearing
496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.
Marginal note:Issue of appearance notice by peace officer
497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
Marginal note:1999, c. 25, s. 4(1) and 30
213 (1) Subsection 498(1) of the Act is replaced by the following:
Marginal note:Release from custody — arrest without warrant
498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if
Marginal note:Person delivered or detained
(1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.
Marginal note:1999, c. 25, s. 4(1)
(2) The portion of subsection 498(1.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exception
(1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,
(3) Subsection 498(2) of the Act is replaced by the following:
Marginal note:When subsections (1) and (1.01) do not apply
(2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
Marginal note:1999, c. 25, s. 4(2)
(4) The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Consequences of non-release
(3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
Marginal note:1997, c. 18, s. 52(3)
(5) Paragraph 498(3)(b) of the Act is replaced by the following:
(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).
Marginal note:1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5
214 Section 499 of the Act is replaced by the following:
Marginal note:Release from custody — arrest with warrant
499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if
Marginal note:R.S., c. 27 (1st Supp.), s. 76(2); 1992, c. 47, s. 69; 1994, c. 44, s. 41; 1996, c. 7, s. 38; 1997, c. 18, s. 54; 1999, c. 25, s. 6; 2008, c. 18, s. 15
215 Sections 500 to 502 of the Act are replaced by the following:
Marginal note:Contents of appearance notice
500 (1) An appearance notice shall
(a) set out the name, date of birth and contact information of the accused;
(b) set out the substance of the offence that the accused is alleged to have committed;
(c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and
(d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.
Marginal note:Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
Marginal note:Attendance for purposes of Identification of Criminals Act
(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Marginal note:Signature of accused
(4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.
Marginal note:Contents of undertaking
501 (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out
Marginal note:Mandatory conditions
(2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Marginal note:Additional conditions
(3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:
(a) report at specified times to the peace officer or other specified person;
(b) remain within a specified territorial jurisdiction;
(c) notify the peace officer or other specified person of any change in their address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;
(e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;
(f) deposit all their passports with the peace officer or other specified person;
(g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;
(h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;
(i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;
(j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and
(k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.
Marginal note:Attendance for purposes of Identification of Criminals Act
(4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Marginal note:Money or other valuable security to be deposited with justice
(5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.
Marginal note:Signature of accused
(6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.
Marginal note:Variation of undertaking on consent
502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
Marginal note:Replacement by justice of undertaking with order
(2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.
216 The Act is amended by adding the following before section 503:
Marginal note:Appearance of the accused
502.1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.
Marginal note:Witness in Canada
(2) Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.
Marginal note:Witness outside Canada
(3) For greater certainty, sections 714.2 to 714.8 apply when a witness outside Canada gives evidence in a proceeding under this Part.
Marginal note:Participants
(4) A participant, as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.
Marginal note:Justice
(5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.
Marginal note:1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
217 (1) Subsections 503(1) to (2.3) of the Act are replaced by the following:
Marginal note:Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
(a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and
(b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Marginal note:Re-evaluation of detention
(1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if
Marginal note:Person delivered or in custody
(2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.
Marginal note:R.S., c. 27 (1st Supp.), s. 77
(2) Paragraph 503(3.1)(a) of the English version of the Act is replaced by the following:
(a) without conditions; or
Marginal note:R.S., c. 27 (1st Supp.), s. 77; 1997, c. 18, s. 55(4)
(3) Paragraph 503(3.1)(b) of the Act is replaced by the following:
(b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.
(4) Subsection 503(4) of the Act is replaced by the following:
Marginal note:Release of person about to commit indictable offence
(4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.
(5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Consequences of non-release
(5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(6) Paragraph 503(5)(b) of the Act is replaced by the following:
(b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).
218 Section 505 of the Act is replaced by the following:
Marginal note:Time within which information to be laid in certain cases
505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
Marginal note:1994, c. 44, s. 43
219 Subsections 507(6) and (7) of the Act are replaced by the following:
Marginal note:Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Marginal note:Undertaking or appearance notice deemed confirmed
(7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.
Marginal note:R.S., c. 27 (1st Supp.), s. 79
220 Paragraphs 508(1)(b) and (c) of the Act are replaced by the following:
(b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,
(i) confirm the appearance notice or undertaking and endorse the information accordingly, or
(ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
(c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.
221 Subsection 509(4) of the Act is replaced by the following:
Marginal note:Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).
Marginal note:1992, c. 47, s. 72; 1996, c. 7, s. 38
222 Section 510 of the Act is repealed.
Marginal note:1997, c. 18, s. 58(1)
223 (1) Paragraph 512(1)(a) of the Act is replaced by the following:
(a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);
(2) Paragraph 512(1)(c) of the Act is replaced by the following:
(c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.
Marginal note:1997, c. 18, s. 58(2)
(3) Paragraph 512(2)(b) of the Act is replaced by the following:
(b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or
224 The Act is amended by adding the following after section 512:
Marginal note:Arrest warrant — failure to appear under summons
512.1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Marginal note:Arrest warrant — failure to appear under appearance notice or undertaking
512.2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Marginal note:Warrant to appear under section 524
512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.
Marginal note:R.S., c. 27 (1st Supp.), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
225 (1) Subsections 515(1) to (2.1) of the Act are replaced by the following:
Marginal note:Release order without conditions
515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.
Marginal note:Release order with conditions
(2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,
(a) an indication that the release order does not include any financial obligations;
(b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or
(e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.
Marginal note:Imposition of least onerous form of release
(2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.
Marginal note:Promise to pay favoured over deposit
(2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.
Marginal note:Restraint in use of surety
(2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.
Marginal note:Power of justice — sureties
(2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.
Marginal note:1997, c. 18, s. 59(1)
(2) Subsections 515(2.2) and (2.3) of the Act are replaced by the following:
Marginal note:Appearance of the accused
(2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.
Marginal note:When consent required for audioconference
(2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.
Marginal note:1999, c. 25, s. 8(1) and (2)
(3) Subsections 515(3) and (4) of the Act are replaced by the following:
Marginal note:Factors to consider
(3) In making an order under this section, the justice shall consider any relevant factors, including,
Marginal note:Conditions authorized
(4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:
(a) report at specified times to a peace officer, or other person, designated in the order;
(b) remain within a specified territorial jurisdiction;
(c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(f) deposit all their passports as specified in the order;
(g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and
(h) comply with any other reasonable conditions specified in the order that the justice considers desirable.
Marginal note:1999, c. 25, s. 8(4)
(4) Paragraph 515(4.2)(a) of the Act is replaced by the following:
(a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or
Marginal note:2001, c. 41, s. 19(4)
(5) Subparagraphs 515(6)(a)(iv) and (v) of the English version of the Act are replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
Marginal note:R.S., c. 27 (1st Supp.), s. 83(3)
(6) Paragraph 515(6)(c) of the Act is replaced by the following:
(b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;
(c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or
Marginal note:1993, c. 45, s. 8(3)
(7) Subsections 515(7) and (8) of the Act are replaced by the following:
Marginal note:Release order
(7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.
Marginal note:1997, c. 18, s. 60
226 Section 515.1 of the Act is replaced by the following:
Marginal note:Declaration of surety
515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out
(a) their name, date of birth and contact information;
(b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;
(c) their relationship to the accused;
(d) the name and date of birth of any other accused for whom they act as a surety;
(e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;
(f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;
(g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and
(h) a description of the contents of their criminal record and any outstanding charges against them, if any.
Marginal note:Exception
(2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if
(a) the prosecutor consents to it; or
(b) the judge, justice or court is satisfied that
(i) the person cannot reasonably provide a declaration in the circumstances,
(ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and
(iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.
Marginal note:Means of telecommunication
(3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.
227 Section 516 of the Act is amended by adding the following after subsection (2):
Marginal note:Duration of order
(3) An order made under subsection (2) remains in force,
Marginal note:R.S., c. 27 (1st Supp.), s. 85
228 (1) The portion of subsection 519(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Release of accused
519 (1) If a justice makes a release order under section 515,
(2) Subsection 519(1) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.
229 The Act is amended by adding the following after section 519:
Marginal note:Variation of release order with consent
519.1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.
Marginal note:1999, c. 3, s. 31
230 Subsection 520(1) of the Act is replaced by the following:
Marginal note:Review of order
520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
Marginal note:1999, c. 3, s. 32
231 Subsection 521(1) of the Act is replaced by the following:
Marginal note:Review of order
521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
Marginal note:1999, c. 25, s. 10
232 Subsection 522(3) of the Act is replaced by the following:
Marginal note:Release of accused
(3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.
Marginal note:R.S., c. 27 (1st Supp.), s. 89(1)
233 (1) The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Period for which appearance notice, etc., continues in force
523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
Marginal note:R.S., c. 27 (1st Supp.), s. 89(3); 2011, c. 16, s. 2(1)
(2) Subsections 523(1.1) and (1.2) of the Act are replaced by the following:
Marginal note:When new information is received
(1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.
Marginal note:When direct indictment preferred
(1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.
Marginal note:1999, c. 3, s. 33
234 Section 524 of the Act and the heading before it are replaced by the following:
Proceedings Respecting Failure to Comply with Release Conditions
Marginal note:Judicial referral hearing
523.1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall
(a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or
(b) in any other case, hear the matter.
Marginal note:Circumstances
(2) The circumstances referred to in subsection (1) are the following:
(a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or
(b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.
Marginal note:Powers — Judge or Justice
(3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,
(a) take no action;
(b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,
(i) make a release order under section 515, or
(ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or
(c) remand the accused to custody for the purposes of the Identification of Criminals Act.
Marginal note:Dismissal of charge
(4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.
Marginal note:No information or indictment
(5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a).
Marginal note:Hearing
524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall
(a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or
(b) in any other case, hear the matter.
Marginal note:Circumstances
(2) The circumstances referred to in subsection (1) are the following:
(a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or
(b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
Marginal note:Cancellation
(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that
(a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or
(b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.
Marginal note:Detention
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).
Marginal note:Release order
(5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.
Marginal note:Reasons
(6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.
Marginal note:Release
(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.
Marginal note:Provisions applicable to proceedings under this section
(8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.
Marginal note:Review — order by judge
(9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.
Marginal note:Review — order of justice
(10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.
Marginal note:R.S., c. 27 (1st Supp.), s. 90(1); 1997, c. 18, s. 61
235 (1) Subsection 525(1) of the Act is replaced by the following:
Marginal note:Time for application to judge
525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from
(a) the day on which the accused was taken before a justice under section 503; or
(b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.
The person shall make the application immediately after the expiry of those 90 days.
Marginal note:Waiver of right to hearing
(1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).
Marginal note:R.S., c. 27 (1st Supp.), s. 90(3); 1994, c. 44, s. 49
(2) Subsections 525(3) to (9) of the Act are replaced by the following:
Marginal note:Cancellation of hearing
(3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.
Marginal note:Consideration of proceeding’s progression
(4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may
Marginal note:Release order
(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.
Marginal note:Provisions applicable to proceedings
(6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
Marginal note:Definition of judge in the Province of Quebec
(7) In this section, judge, in the Province of Quebec,
(a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and
(b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.
Marginal note:R.S., c. 27 (1st Supp.), s. 91
236 Section 526 of the Act is replaced by the following:
Marginal note:Directions for expediting proceedings
526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.
Marginal note:R.S., c. 27 (1st Supp.), ss. 94 and 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18(1)
237 Subsections 530(1) to (4) of the Act are replaced by the following:
Marginal note:Language of accused
530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:Idem
(2) On application by an accused whose language is not one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:Accused to be advised of right
(3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Marginal note:Remand
(4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
Marginal note:2002, c. 13, s. 24
238 Section 535 of the Act is replaced by the following:
Marginal note:Inquiry by justice
535 If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
Marginal note:2002, c. 13, s. 25(1)
239 (1) Subsection 536(2) of the Act is replaced by the following:
Marginal note:Election before justice — 14 years or more of imprisonment
(2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Election before justice — other indictable offences
(2.1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
Marginal note:R.S., c. 27 (1st Supp.), s. 96
(2) Paragraph 536(3)(a) of the French version of the Act is replaced by the following:
a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise;
Marginal note:2004, c. 12, s. 9(1)
(3) Subsection 536(4) of the Act is replaced by the following:
Marginal note:Request for preliminary inquiry
(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
Marginal note:2004, c. 12, s. 9(2)
(4) The portion of subsection 536(4.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Endorsement on the information — accused referred to in subsection (2)
(4.1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(5) Section 536 of the Act is amended by adding the following after subsection (4.1):
Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment
(4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Marginal note:Endorsement on the information — accused referred to in subsection (2.1)
(4.12) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
Marginal note:R.S., c. 27 (1st Supp.), s. 96
(6) Subsection 536(5) of the French version of the Act is replaced by the following:
Marginal note:Compétence
(5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé aurait été commise est compétent pour l’application du paragraphe (4).
Marginal note:2002, c. 13, s. 26; 2004, c. 12, s. 10(1)
240 (1) Subsections 536.1(2) and (3) of the Act are replaced by the following:
Marginal note:Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment
(2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Election before judge or justice of the peace in Nunavut — other indictable offences
(2.1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
Marginal note:Request for preliminary inquiry — Nunavut
(3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
Marginal note:2004, c. 12, s. 10(2)
(2) The portion of subsection 536.1(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Endorsement on the information — accused referred to in subsection (2)
(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(3) Section 536.1 of the Act is amended by adding the following after subsection (4):
Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment
(4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Marginal note:Endorsement on the information — accused referred to in subsection (2.1)
(4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
Marginal note:2002, c. 13, s. 27
241 Section 536.5 of the English version of the Act is replaced by the following:
Marginal note:Agreement to limit scope of preliminary inquiry
536.5 Whether or not a hearing is held under section 536.4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.
Marginal note:1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)
242 (1) Paragraphs 537(1)(i) and (j) of the Act are replaced by the following:
(i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;
(j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;
Marginal note:1997, c. 18, s. 64(1)
(2) Paragraph 537(1)(k) of the Act is replaced by the following:
(k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2008, c. 18, s. 22
(3) Subsection 537(1.01) of the Act is replaced by the following:
Marginal note:Power provided under paragraph (1)(i)
(1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.
Marginal note:Section 715 or 715.01
(1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01.
Marginal note:2002, c. 13, s. 29(1)
243 Paragraph 540(1)(a) of the Act is replaced by the following:
(a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.01), and allow the accused or counsel for the accused to cross-examine them; and
Marginal note:1994, c. 44, s. 54
244 (1) Subsection 541(1) of the Act is replaced by the following:
Marginal note:Hearing of witnesses
541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused.
Marginal note:1994, c. 44, s. 54
(2) Subsection 541(5) of the Act is replaced by the following:
Marginal note:Depositions of witnesses
(5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.
245 (1) Subsection 543(1) of the Act is replaced by the following:
Marginal note:Order that accused appear or be taken before justice where offence alleged to have been committed
543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.
(2) The portion of subsection 543(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat
(2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction aurait été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :
(3) Paragraph 543(2)(b) of the French version of the Act is replaced by the following:
b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction aurait été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).
(4) Paragraph 543(2)(b) of the Act is replaced by the following:
(b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).
Marginal note:1994, c. 44, s. 55
246 Subsection 544(5) of the Act is replaced by the following:
Marginal note:Accused calling witnesses
(5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require.
Marginal note:2002, c. 13, s. 30
247 Subsection 549(1.1) of the Act is replaced by the following:
Marginal note:Limited preliminary inquiry
(1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
248 Subsection 550(2) of the Act is replaced by the following:
Marginal note:Clarification
(2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.
Marginal note:R.S., c. 27 (1st Supp.), s. 102
249 Section 551 of the Act is replaced by the following:
Marginal note:Transmission of record by justice
551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
Marginal note:2011, c. 16, s. 4
250 Subsection 551.1(3) of the Act is repealed.
Marginal note:2011, c. 16, s. 4
251 (1) The portion of subsection 551.3(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers before evidence on merits presented
551.3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by
(2) Subsection 551.3(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.
251.1 Subparagraph 553(c)(vi) of the Act is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 203; 1994, c. 44, s. 58
252 (1) Subsections 555(1) and (2) of the Act are replaced by the following:
Marginal note:If charge should be prosecuted by indictment
555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Marginal note:Election before justice
(1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Continuing proceedings
(1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.
Marginal note:If subject matter is testamentary instrument or exceeds $5,000 in value
(2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1).
Marginal note:R.S., c. 27 (1st Supp.), s. 106; 2002, c. 13, s. 32
(2) The portion of subsection 555(3) of the Act before paragraph (b) is replaced by the following:
Marginal note:Continuing proceedings
(3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply:
(a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
Marginal note:1999, c. 3, s. 39; 2002, c. 13, s. 33
253 Section 555.1 of the Act is replaced by the following:
Marginal note:If charge should be prosecuted by indictment — Nunavut
555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Marginal note:Election before justice
(1.1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Marginal note:Continuing proceedings
(1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.
Marginal note:If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut
(2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1).
Marginal note:Continuing proceedings — Nunavut
(3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.
Marginal note:Application to Nunavut
(4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.
Marginal note:R.S., c. 27 (1st Supp.), s. 110; 2002, c. 13, s. 37
254 (1) Subsections 561(1) to (5) of the Act are replaced by the following:
Marginal note:Right to re-elect
561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,
(a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),
(i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,
(ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and
(iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or
(b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),
Marginal note:Right to re-elect
(2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
Marginal note:Notice of re-election under paragraph (1)(a)
(3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,
(a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or
(b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Marginal note:Notice of re-election under paragraph (1)(b) or subsection (2)
(4) If an accused intends to re-elect under paragraph (1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.
Marginal note:Notice and transmitting record
(5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to re-elect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
(2) Paragraph 561(3)(b) of the Act is replaced by the following:
(b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
(3) Subsection 561(5) of the Act is replaced by the following:
Marginal note:Notice and transmitting record
(5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.
Marginal note:R.S., c. 27 (1st Supp.), s. 110
(4) Subsection 561(6) of the French version of the Act is replaced by the following:
Marginal note:Date, heure et lieu du nouveau choix
(6) Lorsqu’un juge de la cour provinciale ou un juge ou un greffier du tribunal est avisé en vertu de l’alinéa (3)b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant.
Marginal note:R.S., c. 27 (1st Supp.), s. 110
(5) Subsection 561(7) of the Act is replaced by the following:
Marginal note:Proceedings on re-election
(7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or
(b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
Marginal note:2002, c. 13, s. 38(1)
255 (1) Subsections 561.1(2) and (3) of the Act are replaced by the following:
Marginal note:Right to re-elect before trial — Nunavut
(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.
Marginal note:Right to re-elect at preliminary inquiry — Nunavut
(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.
Marginal note:1999, c. 3, s. 43
(2) Subsection 561.1(4) of the French version of the Act is replaced by the following:
Marginal note:Avis : cas des paragraphes (1) ou (3) : Nunavut
(4) S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire en vertu des paragraphes (1) ou (3), le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix en vertu du paragraphe (9).
Marginal note:2002, c. 13, s. 38(2)
(3) Subsection 561.1(5) of the Act is replaced by the following:
Marginal note:Notice at preliminary inquiry — Nunavut
(5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.
Marginal note:2002, c. 13, s. 38(2)
(4) Subsection 561.1(6) of the Act is replaced by the following:
Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut
(6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
Marginal note:1999, c. 3, s. 43
(5) Subsection 561.1(9) of the Act is replaced by the following:
Marginal note:Proceedings on re-election — Nunavut
(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or
(b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
Marginal note:R.S., c. 27 (1st Supp.), s. 110
256 Section 562 of the Act is replaced by the following:
Marginal note:Proceedings following re-election
562 (1) If the accused re-elects under subparagraph 561(1)(a)(i) before the completion of the preliminary inquiry, under paragraph 561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)(b), the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.
Marginal note:Proceedings following re-election
(2) If the accused re-elects under subparagraph 561(1)(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), the justice shall proceed with the preliminary inquiry.
Marginal note:2002, c. 13, s. 39
257 Subsection 562.1(1) of the Act is replaced by the following:
Marginal note:Proceedings following re-election — Nunavut
562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), or if the accused re-elects any other mode of trial under subsection 561.1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.
Marginal note:R.S., c. 27 (1st Supp.), s. 110
258 Paragraph 563(a) of the Act is replaced by the following:
(a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, if applicable, subject to any amendments to the information that may be allowed by the provincial court judge by whom the accused is tried; and
Marginal note:1999, c. 3, s. 45; 2002, c. 13, s. 40
259 The portion of subsection 563.1(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut
563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection,
(a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, subject to any amendments that may be allowed by the judge by whom the accused is tried; and
Marginal note:R.S., c. 27 (1st Supp.), s. 111; 1999, c. 3, ss. 46(1) and (2); 2008, c. 18, s. 23
260 (1) Subsections 565(1) to (2) of the Act are replaced by the following:
Marginal note:Election deemed to have been made
565 (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
Marginal note:When direct indictment preferred
(2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
Marginal note:2008, c. 18, s. 23
(2) Subsection 565(3) of the Act is replaced by the following:
Marginal note:Notice of re-election
(3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.
Marginal note:2002, c. 13, s. 42
261 Subsection 566.1(1) of the Act is replaced by the following:
Marginal note:Indictment — Nunavut
566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.
Marginal note:R.S., c. 27 (1st Supp.), s. 112; 1994, c. 44, s. 59(1)
262 (1) Subsections 570(1) and (2) of the Act are replaced by the following:
Marginal note:Record of conviction or order
570 (1) If an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request.
Marginal note:Acquittal and record of acquittal
(2) If an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused.
Marginal note:1994, c. 44, s. 59(2); 2003, c. 21, s. 10
(2) Subsections 570(5) and (6) of the Act are replaced by the following:
Marginal note:Warrant of committal
(5) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
Marginal note:Admissibility of certified copy
(6) If a warrant of committal is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
Marginal note:2002, c. 13, s. 45
263 Subsection 574(1.1) of the Act is replaced by the following:
Marginal note:Preferring indictment when no preliminary inquiry
(1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
Marginal note:R.S., c. 27 (1st Supp.), s. 117
264 Subsection 579(1) of the Act is replaced by the following:
Marginal note:Attorney General may direct stay
579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.
Marginal note:1994, c. 44, s. 60
265 (1) The portion of subsection 579.1(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Intervention by Attorney General of Canada or Director of Public Prosecutions
579.1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act, or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances:
(a) the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding;
Marginal note:1994, c. 44, s. 60
(2) Paragraph 579.1(1)(d) of the French version of the Act is replaced by the following:
d) à l’égard de laquelle n’est pas intervenu le procureur général de la province où les poursuites ou procédures sont engagées.
Marginal note:1994, c. 44, s. 60
(3) Subsection 579.1(2) of the Act is replaced by the following:
Marginal note:Sections 579 and 579.01 to apply
(2) Sections 579 and 579.01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section.
266 Subsection 597(3) of the Act is replaced by the following:
Marginal note:Interim release
(3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.
267 Paragraph 599(1)(a) of the Act is replaced by the following:
Marginal note:2002, c. 13, s. 49(1)
268 (1) The portion of subsection 606(1.1) of the English version of the Act before subparagraph (b)(i) is replaced by the following:
(2) Subsection 606(1.1) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the facts support the charge.
Marginal note:1992, c. 41, s. 2; 2001, c. 32, s. 40; 2002, c. 13, s. 54(1) and (2); 2008, c. 18, s. 25; 2011, c. 16, s. 8
269 Sections 633 and 634 of the Act are replaced by the following:
Marginal note:Stand by
633 The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.
Marginal note:1992, c. 41, s. 2
270 Subsection 635(1) of the Act is replaced by the following:
Marginal note:Order of challenges
635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.
271 Paragraphs 638(1)(b) to (d) of the Act are replaced by the following:
Marginal note:2008, c. 18, s. 26; 2011, c. 16, s. 9
272 Section 640 of the Act is replaced by the following:
Marginal note:Determination of challenge for cause
640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.
Marginal note:Exclusion order
(2) On the application of the accused or prosecutor or on the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.
273 Section 644 of the Act is amended by adding the following after subsection (2):
Marginal note:Trial may continue without jury
(3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.
Marginal note:1994, c. 44, s. 61; 1997, c. 18, s. 77(1)(F) and (2)
274 Subsections 650(1.1) and (1.2) of the Act are replaced by the following:
Marginal note:Video links
(1.1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.
Marginal note:Video links
(1.2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2002, c. 13, s. 61
275 Section 650.02 of the Act is replaced by the following:
Marginal note:Remote appearance
650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
Marginal note:1991, c. 43, s. 4; 2005, c. 22, par. 42(d)(F)
276 Section 672.46 of the Act is replaced by the following:
Marginal note:Status quo pending Review Board hearing
672.46 (1) If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.
Marginal note:Variation
(2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.
Marginal note:1997, c. 18, s. 84(2); 2005, c. 22, para. 42(g)(F)
277 Subsection 672.5(13) of the Act is replaced by the following:
Marginal note:Video links
(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or videoconference for any part of the hearing.
Marginal note:2013, c.11, s.2
278 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,
Marginal note:R.S., c. 27 (1st Supp.), s. 141; 1999, c. 25, s. 14
279 (1) Subsections 679(5) to (6) of the Act are replaced by the following:
Marginal note:Conditions of release order
(5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.
Marginal note:Immediate release of appellant
(5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.
Marginal note:Applicable provisions
(6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
(2) Subsection 679(9) of the Act is repealed.
Marginal note:1994, c. 44, s. 68
280 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Marginal note:2002, c. 13, s. 67
281 (1) Subsection 683(2.1) of the Act is replaced by the following:
Marginal note:Remote appearance
(2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.
(2) Section 683 of the Act is amended by adding the following after subsection (2.2):
Marginal note:Application of sections 715.25 and 715.26
(2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.
Marginal note:2008, c. 18, s. 29(1)
(3) Subsection 683(5.1) of the Act is replaced by the following:
Marginal note:Release order or recognizance
(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.
Marginal note:2008, c. 18, s. 29(2)
(4) Subsection 683(7) of the Act is replaced by the following:
Marginal note:Release order to be taken into account
(7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.
Marginal note:1999, c. 3, s. 52(2)
282 Paragraph 686(5.01)(b) of the English version of the Act is replaced by the following:
(b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;
Marginal note:2002, c. 13, s. 68
283 Paragraphs 688(2.1)(a) and (b) of the Act are replaced by the following:
(a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and
(b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.
Marginal note:R.S., c. 27 (1st Supp.), s. 203; 1997, c. 30, s. 2
284 Subsections 699(5) and (5.1) of the Act are replaced by the following:
Marginal note:Signature
(5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.
Marginal note:Sexual offences
(5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued by a judge and signed by the judge or the clerk of the court.
Marginal note:1999, c. 18, s. 94
285 Subsection 700.1(1) of the Act is replaced by the following:
Marginal note:Video links
700.1 (1) If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
286 (1) The portion of subsection 705(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant if witness does not attend
705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established
(2) The portion of subsection 705(1) of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
(3) Subsection 705(2) of the Act is replaced by the following:
Marginal note:Warrant if witness bound by recognizance
(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
(4) Subsection 705(3) of the French version of the Act is replaced by the following:
Marginal note:Mandat valable partout au Canada
(3) Un mandat décerné par un juge de paix ou un juge de la cour provinciale en vertu des paragraphes (1) ou (2) peut être exécuté partout au Canada.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
287 Section 706 of the Act is replaced by the following:
Marginal note:If witness arrested under warrant
706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.
288 Subsection 707(3) of the Act is replaced by the following:
Marginal note:Review of detention
(3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.
Marginal note:R.S., c. 27 (1st Supp.), s. 203
289 Subsection 708(2) of the French version of the Act is replaced by the following:
Marginal note:Peine
(2) Un tribunal, un juge, un juge de paix ou un juge de la cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est.
Marginal note:1999, c. 18, s. 95
290 Sections 714.1 to 714.8 of the Act are replaced by the following:
Marginal note:Audioconference and videoconference — witness in Canada
714.1 A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness were to appear personally;
(c) the nature of the witness’ anticipated evidence;
(d) the suitability of the location from where the witness will give evidence;
(e) the accused’s right to a fair and public hearing;
(f) the nature and seriousness of the offence; and
(g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.
Marginal note:Videoconference — witness outside Canada
714.2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.
Marginal note:Notice
(2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.
Marginal note:Audioconference — witness outside Canada
714.3 The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.1(a) to (g).
Marginal note:Reasons
714.4 If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.
Marginal note:Cessation
714.41 The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.
Marginal note:Oath or affirmation
714.5 The evidence referred to in section 714.2 or 714.3, that is given by a witness who is outside of Canada, shall be given
(a) under oath or affirmation in accordance with Canadian law;
(b) under oath or affirmation in accordance with the law in the place where the witness is physically present; or
(c) in any other manner that demonstrates that the witness understands that they must tell the truth.
Marginal note:Other laws about witnesses to apply
714.6 When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.
Marginal note:Costs of technology
714.7 Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3 shall pay any costs associated with the use of the technology.
Marginal note:Consent
714.8 Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.
291 The Act is amended by adding the following after section 715:
Marginal note:Transcript of evidence
715.01 (1) Despite section 715, the transcript of testimony given by a police officer, as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.
Marginal note:Notice of intention to produce evidence
(2) No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.
Marginal note:Attendance of police officer
(3) The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.
Marginal note:Admission of evidence
(4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)(j.1).
Marginal note:Absconding accused deemed present
(5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.
Marginal note:Exception
(6) This section does not apply to any evidence received under subsection 540(7).
292 The Act is amended by adding the following after section 715.2:
PART XXII.01Remote Attendance by Certain Persons
Principles
Marginal note:Attendance
715.21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.
Marginal note:Provisions providing for audioconference or videoconference
715.22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
Accused
Marginal note:Appearance by audioconference or videoconference
715.23 (1) Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the accused;
(b) the costs that would be incurred if the accused were to appear personally;
(c) the suitability of the location from where the accused will appear;
(d) the accused’s right to a fair and public hearing; and
(e) the nature and seriousness of the offence.
Marginal note:Reasons
(2) If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.
Marginal note:Cessation
(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.
Marginal note:Accused in prison
715.24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Participants
Marginal note:Definition of participant
715.25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.
Marginal note:Participation by audioconference or videoconference
(2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the participant;
(b) the costs that would be incurred if the participant were to participate personally;
(c) the nature of the participation;
(d) the suitability of the location from where the participant will participate;
(e) the accused’s right to a fair and public hearing; and
(f) the nature and seriousness of the offence.
Marginal note:Reasons
(3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.
Marginal note:Cessation
(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
Marginal note:Costs
(5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.
Judge or Justice
Marginal note:Presiding by audioconference or videoconference
715.26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including
Marginal note:Reasons
(2) The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.
Marginal note:Cessation
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
292.1 The Act is amended by adding the following after section 718.03:
Marginal note:Objectives — offence against vulnerable person
718.04 When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Marginal note:2005, c. 32, s. 25
293 Subparagraph 718.2(a)(ii) of the Act is replaced by the following:
(ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim or the offender’s family,
293.1 The Act is amended by adding the following after section 718.2:
Marginal note:Additional consideration — increased vulnerability
718.201 A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.
294 Section 718.3 of the Act is amended by adding the following after subsection (7):
Marginal note:Maximum penalty — intimate partner
(8) If an accused is convicted of an indictable offence in the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than
(a) five years, if the maximum term of imprisonment for the offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.
Marginal note:2009, c. 29, s. 3
295 Subsection 719(3.1) of the Act is replaced by the following:
Marginal note:Exception
(3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.
Marginal note:1995, c. 22, s. 6
296 Subsection 730(2) of the Act is replaced by the following:
Marginal note:Period for which appearance notice, etc., continues in force
(2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.
Marginal note:2014, c. 21, s. 2(1)
Marginal note:2014, c. 21, s. 2(2)
(2) Subsections 732.1(2.1) and (2.2) of the Act are repealed.
(3) Subsection 732.1(3) of the Act is amended by adding the following after paragraph (a):
(a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the court considers necessary;
Marginal note:2015, c. 23, s. 18
298 Paragraph 733.1(1)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2008, c. 18, s. 38
299 Paragraph 734(5)(b) of the Act is replaced by the following:
(b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence.
Marginal note:1995, c. 22, s. 6
300 Section 734.4 of the Act is replaced by the following:
Marginal note:Proceeds to go to provincial treasurer
734.4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.
Marginal note:Proceeds to go to Receiver General for Canada
(2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,
(a) the fine or forfeiture is imposed
(i) in respect of a contravention of a revenue law of Canada,
(ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or
(iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or
(b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).
Marginal note:Direction for payment to municipality
(3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,
(a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and
(b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.
301 Section 737 of the Act is replaced by the following:
Marginal note:Victim surcharge
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Marginal note:Amount of surcharge
(2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is
Marginal note:Exception
(2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge
Marginal note:Definition of undue hardship
(2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.
Marginal note:For greater certainty
(2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.
Marginal note:Reasons
(2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.
Marginal note:Increase in surcharge
(3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.
Marginal note:Time for payment
(4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.
Marginal note:Amounts applied to aid victims
(5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
Marginal note:Notice
(6) The court shall cause to be given to the offender a written notice setting out
Marginal note:Enforcement
(7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,
Marginal note:Application — subsections (2.1) to (2.4)
(8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.
Marginal note:1995, c. 22, s. 6; 2000, c. 12, par. 95(e)
302 Paragraph 738(1)(c) of the Act is replaced by the following:
(c) in the case of bodily harm or threat of bodily harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
Marginal note:2014, c. 21, s. 3
303 (1) Subsections 742.3(1.1) to (1.3) of the Act are repealed.
(2) Subsection 742.3(2) of the Act is amended by adding the following after paragraph (a.2):
(a.3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
Marginal note:1999, c. 5, s. 41(1)
304 Paragraph 742.6(1)(e) of the Act is replaced by the following:
(e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and
Marginal note:2008, c. 18, s. 42
305 Paragraph 743.21(2)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
306 Section 745.64 of the Act is amended by adding the following after subsection (1):
Marginal note:Statutory Instruments Act
(1.1) The Statutory Instruments Act does not apply to those rules.
Marginal note:2008, c. 6, s. 46
307 Subsection 753.3(1) of the Act is replaced by the following:
Marginal note:Breach of long-term supervision
308 The heading before section 762 of the Act is replaced by the following:
Effect and Enforcement of Undertakings, Release Orders and Recognizances
309 Subsection 762(1) of the Act is replaced by the following:
Marginal note:Applications for forfeiture
762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.
Marginal note:R.S., c. 27 (1st Supp.), ss. 167 and 203
310 Sections 763 to 768 of the Act are replaced by the following:
Marginal note:Undertaking or release order binding on person
763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.
Marginal note:Summary of certain provisions
(2) A summary of section 763 must be set out in any undertaking, release order or recognizance.
Marginal note:Undertaking or release order binding on accused
764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.
Marginal note:Committal or new sureties
(2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.
Marginal note:Effect of committal
(3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).
Marginal note:Summary of certain provisions
(4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.
Marginal note:Effect of subsequent arrest
765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.
Marginal note:Render of accused by sureties
766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.
Marginal note:Arrest
(2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.
Marginal note:Certificate and entry of render
(3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.
Marginal note:Discharge of sureties
(4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.
Marginal note:Render of accused in court by sureties
767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.
Marginal note:Substitution of surety
767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.
Marginal note:Signing of release order or recognizance by new sureties
(2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.
Marginal note:Rights of surety preserved
768 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.
Marginal note:R.S., c. 27 (1st Supp.), s. 168; 1994, c. 44, s. 78; 1997, c. 18, s. 108(1) and (2)(F); 1999, c. 5, s. 43
311 Sections 770 and 771 of the Act are replaced by the following:
Marginal note:Default to be endorsed
770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out
Marginal note:Transmission to clerk of court
(2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.
Marginal note:Certificate is evidence
(3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.
Marginal note:Transmission of deposit
(4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.
Marginal note:Proceedings in case of default
771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,
(a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Marginal note:Order of judge
(2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Marginal note:Judgment debtors of the Crown
(3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
Marginal note:Order may be filed
(3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
Marginal note:Transfer of deposit
(4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
312 (1) The reference to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “a release order or recognizance”.
Marginal note:R.S., c. 27 (2nd Supp.), s. 10 (Sch., subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
(2) The reference to “all other recognizances” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “undertakings or all other release orders or recognizances”.
(3) The references to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “British Columbia” in column I, are replaced by references to “an undertaking, release order or recognizance”.
313 Subsection 779(2) of the Act is replaced by the following:
Marginal note:Provisions of Part XXV
(2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section.
Marginal note:2013, c. 11, s. 4
314 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,
Marginal note:1997, c. 18, s. 110
315 Subsection 786(2) of the Act is replaced by the following:
Marginal note:Limitation
(2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Marginal note:R.S., c. 27 (1st Supp.), s. 171(2); 2008, c. 18, s. 44
316 Section 787 of the Act is replaced by the following:
Marginal note:General penalty
787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.
Marginal note:Imprisonment in default if not otherwise specified
(2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.
Marginal note:1997, c. 18, s. 111
317 Subsection 800(2.1) of the Act is replaced by the following:
Marginal note:Video links
(2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.
317.1 Section 802.1 of the Act is replaced by the following:
Marginal note:Limitation on the use of agents
802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless
Marginal note:1994, c. 44, s. 80(1)
318 (1) Subsection 806(1) of the Act is replaced by the following:
Marginal note:Memo of conviction or order
806 (1) If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request.
(2) Subsection 806(2) of the French version of the Act is replaced by the following:
Marginal note:Mandat de dépôt
(2) Lorsqu’un défendeur est déclaré coupable ou qu’une ordonnance est rendue contre lui, un mandat de dépôt selon la formule 21 ou 22 est délivré par la cour des poursuites sommaires, et l’article 528 s’applique à l’égard de ce mandat de dépôt.
Marginal note:1994, c. 44, s. 80(2)
(3) Subsection 806(3) of the Act is replaced by the following:
Marginal note:Admissibility of certified copy
(3) If a warrant of committal in Form 21 is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
Marginal note:2014, c. 31, s. 25
319 (1) Paragraph 810(1)(a) of the Act is replaced by the following:
(a) will cause personal injury to them or to their intimate partner or child or will damage their property; or
Marginal note:1995, c. 39, s. 157
(2) Subsection 810(3.1) of the French version of the Act is replaced by the following:
Marginal note:Condition
(3.1) Le juge de paix ou la cour des poursuites sommaires qui rend une ordonnance en vertu du paragraphe (3), doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du défendeur ou celle d’autrui de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, ajouter comme condition à l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans celui-ci.
Marginal note:1995, c. 39, s. 157
(3) Subsection 810(3.12) of the French version of the Act is replaced by the following:
Marginal note:Motifs
(3.12) Le juge de paix ou la cour des poursuites sommaires qui n’assortit pas l’ordonnance de la condition prévue au paragraphe (3.1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.
Marginal note:1994, c. 44, s. 81(3); 2000, c. 12, par. 95(g); 2011, c. 7, s. 7(2)
(4) Subsections 810(3.2) and (4) of the Act are replaced by the following:
Marginal note:Supplementary conditions
(3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance,
(a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or
(b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be.
Marginal note:Form — warrant of committal
(4) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.
Marginal note:2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j); 2012, c. 1, s. 37(1); 2014, c. 25, s. 31
320 Subsection 810.1(1) of the Act is replaced by the following:
Marginal note:Where fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 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), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Marginal note:2015, c. 20, s. 26
321 Section 810.21 of the Act is replaced by the following:
Marginal note:Audioconference or videoconference
810.21 (1) If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference.
Marginal note:Application
(2) Despite section 769, sections 714.1 to 714.8 and Part XXII.01 apply, with any necessary modifications, to proceedings under this section.
Marginal note:2015, c. 23, s. 19
322 Paragraph 811(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:R.S., c. 27 (1st Supp.), s. 181(E)
323 Section 816 of the Act is replaced by the following:
Marginal note:Release order — appellant
816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.
Marginal note:Release of appellant
(1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.
Marginal note:Applicable provisions
(2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
324 (1) Subsections 817(1) and (2) of the Act are replaced by the following:
Marginal note:Recognizance of prosecutor
817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.
Marginal note:Condition
(2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
(2) Subsection 817(4) of the Act is repealed.
325 Paragraph 825(a) of the Act is replaced by the following:
(a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or
326 Subsection 828(3) of the Act is replaced by the following:
Marginal note:Duty of clerk of court
(3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance.
Marginal note:R.S., c. 27 (1st Supp.), s. 182
327 Subsection 832(1) of the Act is replaced by the following:
Marginal note:Release order or recognizance
832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.
328 (1) Item 8 of the schedule to Part XXVII of the Act is amended by replacing “recognizance” with “release order or recognizance”.
(2) Item 17 of the schedule to Part XXVII of the Act is amended by replacing “take recognizance of bail” with “make a release order or take a recognizance”.
Marginal note:2002, c. 13, s. 84
329 Section 848 of the Act is repealed.
Marginal note:2007, c. 22, s. 23
330 The portion of Form 5.03 of Part XXVIII of the Act after the paragraph that begins with “To” and ends with “(territorial division):” is replaced by the following:
Whereas (name of person) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), which, on the day on which the person was sentenced or discharged, was a primary designated offence within the meaning of section 487.04 of the Criminal Code;
Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.
This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:
Dated (date)
, at (place).
(Signature of judge of the court or clerk of the court)
Marginal note:2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32
331 (1) The portion of Form 5.04 of Part XXVIII of the Act that begins with “Whereas” and ends with “the “offender”,” is replaced by the following:
Whereas (name of person), in this order called the “person”,
(2) The portion of paragraph (b) of the English version of Form 5.04 of Part XXVIII of the Act before subparagraph (i) is replaced by the following:
(b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):
(3) The portion of Form 5.04 of Part XXVIII of the Act that follows subparagraph (b)(v) is replaced by the following:
Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court;
And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;
Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.
This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:
Dated (date)
, at (place).(Signature of judge of the court or clerk of the court)
Marginal note:2007, c. 22, s. 23
332 (1) The paragraph of Form 5.041 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “analysis;” is replaced by the following:
This is therefore to order you, in Her Majesty’s name, to appear on
(date), at (hour), at (place), for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code.Marginal note:2007, c. 22, s. 23
(2) The portion of Form 5.041 of Part XXVIII of the Act after subsection 487.0552(1) set out in that Form is replaced by the following:
Dated (date)
, at (place).(Signature of judge of the court or clerk of the court)
Marginal note:2007, c. 22, s. 23
333 The portion of Form 5.061 of Part XXVIII of the Act after subsection 487.0552(1) set out in that Form is replaced by the following:
Dated (date), at (place).
(Signature of judge of the court or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(4)
334 (1) The two paragraphs of Form 6 of Part XXVIII of the Act after the paragraph that begins with “To A.B.” and ends with “(occupation):” are replaced by the following:
Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);
Therefore, you are ordered, in Her Majesty’s name:
(a) to attend court on
(date), at (hour), at (place) or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law; and(b) to appear on
(date), at (hour), at (place), for the purposes of the Identification of Criminals Act. (Ignore if not filled in).
Marginal note:R.S., c. 27 (1st Supp.), s. 184(4)
(2) The portion of Form 6 of Part XXVIII of the Act after section 510 set out in that Form is replaced by the following:
Dated (date)
, at (place).(Signature of judge, justice or clerk of the court)
(3) Form 6 of Part XXVIII of the Act is replaced by the following:
FORM 6(Section 2)Summons to a Person Charged with an Offence
Canada,
Province of
(territorial division).
To (name of person), of
, born on (date of birth):Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);
Therefore, you are ordered, in Her Majesty’s name:
(a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and
(b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code).
Signed on (date), at (place).
(Signature of judge, justice, clerk of the court or chairperson of the Review Board)
(Name of the judge, justice or chairperson)
Marginal note:1999, c. 5, s. 46
335 Form 7 of Part XXVIII of the Act is replaced by the following:
FORM 7(Sections 475, 493, 597, 800 and 803)Warrant for Arrest
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
This warrant is issued for the arrest of (name of person), of , born on (date of birth), referred to in this warrant as the accused.
Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);
And because (check those that are applicable):
□ (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];
□ (b) the accused failed to attend court in accordance with the summons served on the accused [512(2)];
□ (c) (an appearance notice or undertaking) was confirmed and the accused failed to attend court in accordance with it [512(2)];
□ (d) it appears that a summons cannot be served because the accused is evading service [512(2)];
□ (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];
□ (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (summons or appearance notice or undertaking or release order) on which the accused was released [512.3];
□ (g) there are reasonable grounds to believe that the accused has committed an indictable offence since their release from custody on (summons or appearance notice or undertaking or release order) [512.3];
□ (h) the accused was required by (appearance notice or undertaking or summons) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act and did not appear at that time and place [512.1, 512.2];
□ (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for their trial [597];
□ (j) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
Therefore, you are ordered, in Her Majesty’s name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law.
□ (Check if applicable) Because there are reasonable grounds to believe that the accused is or will be present in (specify dwelling-house), this warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested is present in the dwelling-house.
Signed on (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Name of the judge, provincial court judge or justice who has issued this warrant)
Marginal note:R.S., c. 27 (1st Supp.), ss. 184(19)(E) and 203
336 (1) The portion of Form 8 of Part XXVIII of the Act that begins with “I do hereby command” and ends with “Provincial Court Judge or Justice” is replaced by the following:
You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.
Dated (date)
, at (place).(Signature of judge, justice or clerk of the court)
(2) Form 8 of Part XXVIII of the Act is replaced by the following:
FORM 8(Sections 493 and 515)Warrant for Committal
Canada,
Province of
,(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at
:This warrant is issued for the committal of (name of person), of
, born on (date of birth), referred to in this warrant as the accused.Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);
And because (check those that are applicable):
□ (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];
□ (b) a release order has been issued but the accused has not yet complied with the conditions of the order [519(1), 520(9), 521(10), 524(8), 525(6)];Footnote *
□ (c) the application by the prosecutor for a review of the release order has been allowed and that release order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];
□ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3) and (4)];
□ (e) there are reasonable grounds to believe that the accused has committed an indictable offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];
□ (f) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
Therefore, you are ordered, in Her Majesty’s name, to arrest the accused and convey them safely to the (prison) at
, and there deliver them to its keeper, with the following order:You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice who has issued this warrant)
Return to footnote *If the person having custody of the accused is authorized under paragraph 519(1)(b) of the Criminal Code to release the accused if they comply with a release order, endorse the authorization on this warrant and attach a copy of the order.
Marginal note:1997, c. 18, s. 115; 1999, c. 25, ss. 24 and 26; 2002, c. 13, s. 86(F); 2008, c. 18, s. 45.1
337 Forms 9 to 14 of Part XXVIII of the Act are replaced by the following:
FORM 9(Section 2)Appearance Notice
Canada,
Province of
(territorial division)
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Alleged Offence
You are alleged to have committed (set out briefly the substance of the offence, including any failure referred to in section 496, that the accused is alleged to have committed).
□ (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.
4 Conditions
You must attend court as indicated below, and afterwards as required by the court:
Date:
Time:
Court number:
Court address:
5 Appearance for the purposes of the Identification of Criminals Act (if applicable)
□ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.
6 Consequence for non-compliance
You are warned that,
(a) in the case where charges have been laid against you, unless you have a lawful excuse, you commit an offence under subsection 145(3) of the Criminal Code if you fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this appearance notice;
(b) in the case where no charges have been laid against you and you fail to appear at a judicial referral hearing under section 523.1, as required in this appearance notice, charges may be laid against you for the alleged offence described in item 3 of this notice.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).
If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
7 Signatures
ACCUSED:
I understand the contents of this appearance notice and agree to comply with it.
Signed on (date), at (place).
(Signature of accused)
PEACE OFFICER:
Signed on (date), at (place).
(Signature of peace officer)
(Name of the peace officer)
FORM 10(Section 2)Undertaking
Canada,
Province of
(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Charge(s)
(set out briefly the offence in respect of which the accused was charged)
4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court:
Date:
Time:
Court number:
Court address:
5 Additional Conditions
You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence):
□ (a) You must report to (name or title) at (place) on (date or dates).
□ (b) You must remain within the following territorial jurisdiction:
□ (c) You must notify (name, title and phone number) of any change of your (address, employment or occupation).
□ (d) You must not communicate, directly or indirectly, with
, except in accordance with the following conditions: □ (e) You must not go to (places which are related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions:
□ (f) You must not enter the areas (describe in detail the boundaries of the areas related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions:
□ (g) You must deposit all your passports with (name or title) at (place) before (date).
□ (h) You must reside at (place), be at that residence between (hour) and (hour), and present yourself at the entrance of that residence when a peace officer or (name and title of another person) requests you to do so within those hours.
□ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).
□ (j) You promise to pay the amount of
(not more than $500), if you fail to comply with a condition of this undertaking.□ (k) You must deposit money or other valuable security whose value is equal to the amount of
(not more than $500) with (name or title), because you are not ordinarily resident in the province or do not reside within 200 km of the place in which you are in custody.□ (l) You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence):
6 Appearance for the purposes of the Identification of Criminals Act
□ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.
7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code.
8 Conditions in effect
The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
9 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
(a) to fail to attend court as required;
(b) to fail to appear as required for the purposes of the Identification of Criminals Act;
(c) to fail to remain in the territorial jurisdiction specified in section 5 of this undertaking (if applicable).
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).
If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).
10 Signatures
ACCUSED:
I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing.
Signed on (date), at (place).
(Signature of accused)
PEACE OFFICER:
Signed on (date), at (place).
(Signature of peace officer)
(Name of the peace officer)
FORM 11(Section 2)Release Order
Canada,
Province of
(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Charge(s)
(set out briefly the offence in respect of which the accused was charged)
4 Financial Obligations
□ You do not have any financial obligations under this release order.
or
In order for you to be released, the obligations that are indicated below by a check mark must be complied with.
□ You promise to pay the amount of
if you fail to comply with a condition of this release order.□ You must deposit money in the amount of
or other valuable security whose value does not exceed with the clerk of the court.□ The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of
5 Conditions
You must comply with the conditions that are indicated below by a check mark.
□ You must report to (name or title) at (place) on (date or dates).
□ You must remain within the territorial jurisdiction of (province or territory).
□ You must notify (name, title and phone number) of any change of your (address, employment or occupation).
□ You must not communicate, directly or indirectly, with (victims, witnesses or other persons), except in accordance with the following conditions:
□ You must not go to (place) or enter (geographic area), except in accordance with the following conditions:
□ You must deposit all your passports with (name or title) at (place) before (date).
□ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).
□ You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence):
□ You must comply with the following conditions:
6 Variation
The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed.
7 Conditions in effect
The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required.
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).
9 Signatures
SURETY: (if applicable)
I understand my role and my responsibilities under this release order and I agree to act as a surety.
I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order.
□ Surety Declaration is attached (section 515.1 of the Criminal Code).
□ Surety is excepted from providing Surety Declaration (subsection 515.1(2) of the Criminal Code).
Signed on (date), at (place).
(Signature of the surety)
ACCUSED:
I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained.
Signed on (date), at (place).
(Signature of accused)
JUDGE, JUSTICE OR CLERK OF THE COURT:
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of judge or justice who has issued this order)
FORM 12(Section 515.1)Surety Declaration
Canada,
Province of ,
(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
Home address:
Phone number(s):
(primary) (other)Other contact information (if any):
Employment or occupation (if any):
Name and contact information for employer (if any):
2 Information about the Accused
Surname:
Given name(s): Date of Birth:
Court file number:
3 Other information required
Relationship to the accused:
I am acting as a surety in respect of another accused.
□ Yes □ No
If yes, name and date of birth of any other accused:
I have a criminal record or there are outstanding criminal charges against me.
□ Yes □ No
If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction:
4 Charges against the Accused
I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged).
5 Other Outstanding Charges against the Accused
□ I understand that the accused does not have any other outstanding criminal charges.
□ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges.
6 Criminal Record of the Accused
□ I understand that the accused does not have a criminal record.
□ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled.
7 Financial Promise or Deposit
As a surety for the accused, I am willing to (promise or deposit) to the court the amount of
8 Acknowledgment
I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited.
I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code).
I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety.
9 Signature
Signed on (date), at (place).
(Signature of the surety)
Sworn before me on (date), at (place).
(Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation)
338 (1) The paragraph of Form 15 of Part XXVIII of the Act that begins with “And whereas” and ends with “charge;” is replaced by the following:
And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice);
(2) The portion of Form 15 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “division).” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 203
339 (1) The paragraph of Form 18 of Part XXVIII of the Act that begins with “And Whereas” and ends with “abscond);” is replaced by the following:
And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of
, in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);Marginal note:R.S., c. 27 (1st Supp.), s. 203
(2) The portion of Form 18 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “Code.” is replaced by the following:
Dated (date)
, at (place).(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(9)
340 The portion of Form 19 of Part XXVIII of the Act after the portion that begins with “Person” and ends with “Remanded to” is replaced by the following:
And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on (date), at (hour), at (place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
341 Form 20 of Part XXVIII of the Act is replaced by the following:
FORM 20(Section 545)Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.B. of , in this warrant called the accused, has been charged that (set out offence as in the information);
And whereas E.F. of , in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely or refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at , and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
342 The portion of Form 22 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “of ;” is replaced by the following:
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at , and deliver them to the keeper of the prison, together with the following precept:
You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of , unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant.
Dated (date), at (place).
(Signature of provincial court judge, justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
343 Form 24 of Part XXVIII of the Act is replaced by the following:
FORM 24(Section 550)Warrant of Committal of Witness for Failure to Enter into Recognizance
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at :
Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);
And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(19)(E)
344 Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25(Section 708)Warrant of Committal for Contempt
Canada,
Province of ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place):
Because E.F. of , in this warrant called the defaulter, was on (date) , at (place), convicted before for contempt because the defaulter did not attend before to give evidence on the trial of a charge that (state offence as in the information) against A.B. of , although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default;
And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)
Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at and there deliver them to its keeper, together with the following order:
You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely thereFootnote * and for so doing this is a sufficient warrant.
Return to footnote *Insert whichever of the following is applicable:
(a) for the term of
;(b) for the term of
, unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;(c) for the term of
and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(11)(E)
345 (1) The portion of Form 27 of Part XXVIII of the Act after the paragraph that begins with “You are” and ends with “precept:” is replaced by the following:
You, the keeper, are ordered to receive the defaulters into your custody in this prison and keep them safely there for a period of
or until satisfaction is made of a judgment debt of dollars due to Her Majesty the Queen in respect of the forfeiture of a recognizance entered into by on (date).Dated (date)
, at (place).(Signature of judge of the court or clerk of the court)
(Seal, if required)
(2) Form 27 of Part XXVIII of the Act is replaced by the following:
FORM 27(Section 773)Warrant of Committal on Forfeiture of Amounts
Canada,
Province of
,(territorial division).
To the sheriff of (territorial division) and to the keeper of the (prison) at (place).
This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.
You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at
, and deliver them to its keeper, with the following order:You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of
or until satisfaction is made of a judgment debt of , due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).Dated (date), at (place).
(Signature of judge of the court or clerk of the court)
(Name of judge who has issued this warrant of committal)
(Seal, if required)
Marginal note:R.S., c. 27 (1st Supp.), s. 184(12)
346 Form 28 of Part XXVIII of the Act is replaced by the following:
FORM 28(Section 528)Endorsement of Warrant
Canada,
Province of ,
(territorial division).
In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division).
Dated (date), at (place).
(Signature of justice)
347 Form 30 of Part XXVIII of the Act is replaced by the following:
FORM 30(Section 537)Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand
Canada,
Province of ,
(territorial division).
To the keeper of the (prison) at :
Whereas by warrant dated (date), A.B., in this order called the accused, was committed to your custody and you were required to keep them safely until the (date), and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place) at (hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time;
Now, therefore, you are directed to have the accused before at (place) at (hour) to answer to the charge against them and so they may be dealt with according to law.
Dated (date), at (place).
(Signature of justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
348 (1) The portion of Form 32 of Part XXVIII of the Act after the reference to “(territorial division).” and before the number 1 is replaced by the following:
Be it remembered that on this day the persons named in the following schedule personally came before me (or if the signatory is the clerk of the court, before the judge, provincial court judge or justice, as the case may be) and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely,
Name Address Occupation Amount A.B C.D E.F to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if A.B. fails in any of the conditions set out below.
Taken and acknowledged before me (or if the signatory is the clerk of the court, the judge, provincial court judge or justice, as the case may be) on (date)
, at (place).Dated (date)
, at (place).(Signature of judge, provincial court judge, justice or clerk of the court)
Marginal note:R.S., c. 27 (1st Supp.), par. 101(2)(e)(E) and ss. 184(13) and 203; R.S., c. 42 (4th Supp.), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
(2) Paragraphs (d) and (e) of Form 32 of Part XXVIII of the Act after the heading “Schedule of Conditions” are replaced by the following:
(d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the judge, provincial court judge or justice specifies);
(e) deposits their passport (as the judge, provincial court judge or justice directs); and
(3) Form 32 of Part XXVIII of the Act is replaced by the following:
FORM 32(Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832)Recognizance
Canada,
Province of
(territorial division)
1 Identification
Surname:
Given name(s): Date of birth:
Home address:
Phone number(s):
(primary) (other)Other contact information (if any):
Employment or Occupation (if any):
Name and contact information of employer (if any):
2 Financial Promise or Deposit
Pursuant to
(provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ , or the other valuable security described here: I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited.
3 Conditions
(List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.)
4 Variation
I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied.
5 Conditions in effect
I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
6 Signatures
PERSON WHO IS GIVING RECOGNIZANCE:
I understand the contents of this form and agree to comply with the conditions that are listed above.
Signed on
(date), at (place).(Signature of the person)(Print name)SURETY (if applicable):
I understand my role and my responsibilities under this recognizance and I agree to act as a surety.
I agree to (promise or deposit) as security to the court the amount of $
I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited.
Surety Declaration (if applicable)
□ Surety Declaration attached. (Section 515.1 of the Criminal Code.)
□ Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.)
Signed on
(date), at (place).(Signature of the Surety)(Print name)JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT:
Signed on
(date), at (place).(Signature of the judge, provincial court judge, justice or clerk of the court)(Print name)
List of Conditions
(a) has a surety (sections 462.34, 490.9, 550, 779, 810, 817 and 832 of the Criminal Code);
(b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(d) participates in a treatment program (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01 and 810.2 of the Criminal Code);
(g) returns to and remains at their place of residence at specified times (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);
(j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);
(k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.1 of the Criminal Code);
(l) abstains from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code);
(m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);
(n) appears in court as required (sections 550, 706 and 707 of the Criminal Code);
(o) in the case where a warrant was issued under section 462.32 of the Criminal Code or a restraint order was made under subsection 462.33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.34 of the Criminal Code);
(p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code);
(q) any other reasonable conditions, including:
– reports at specified times to peace officer or other person designated;
– remains within designated territorial jurisdiction;
– notifies peace officer or other person designated of any change in their address, employment or occupation;
– abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and
– deposits all their passports as the judge, provincial court judge or justice directs.
Marginal note:1994, c. 44, s. 84
349 (1) The paragraph of Form 33 of Part XXVIII of the Act after the heading of the Form is replaced by the following:
It is certified that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that, as a result, the ends of justice have been (defeated or delayed, as the case may be).
Marginal note:1994, c. 44, s. 84
(2) The portion of Form 33 of Part XXVIII of the Act after the paragraph that begins with “The names” and ends with “as follows:” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)
(Seal, if required)
(3) Form 33 of Part XXVIII of the Act is replaced by the following:
FORM 33(Section 770)Certificate of Default to Be Endorsed
It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).
The nature of the default is
and the reason for the default is (state reason if known).The names and addresses of the principal and sureties are as follows:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)(Seal, if required)
350 Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38(Section 708)Conviction for Contempt
Canada,
Province of ,
(territorial division).
Be it remembered that on (date), at (place) in the (territorial division), E.F. of , in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code).
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
351 Form 39 of Part XXVIII of the Act is replaced by the following:
FORM 39(Sections 519 and 550)Order for Discharge of a Person in Custody
Canada,
Province of ,
(territorial division).
To the keeper of the (prison) at :
You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date), if E.F. is detained by you for no other cause.
(Signature of judge, justice or clerk of the court)
(Seal, if required)
Marginal note:2005, c. 22, s. 40
352 (1) The portion of Form 48 of Part XXVIII of the Act after the reference to “(territorial division)” and before the first brackets “[ ]” is replaced by the following:
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with
, may be necessary to determine *Marginal note:2005, c. 22, s. 40
(2) The paragraph of Form 48 of Part XXVIII of the Act that begins with “I hereby order” and ends with “days.” is replaced by the following:
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of
days.Marginal note:2005, c. 22, s. 40
(3) The portion of Form 48 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice or clerk of the court)
Marginal note:1991, c. 43, s. 8
353 (1) The paragraph of Form 49 of Part XXVIII of the English version of the Act that begins with “I do” and ends with “of law” is replaced by the following:
You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.
Marginal note:1991, c. 43, s. 8
(2) The portion of Form 49 of Part XXVIII of the Act after the reference to “* Check applicable option.” is replaced by the following:
Dated (date)
, at (place).(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)
Transitional Provisions
Marginal note:Promise to appear
354 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to peace officer or officer in charge
355 A person who is bound by an undertaking given under section 499 or subsection 503(2.1) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before peace officer or officer in charge
356 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Undertaking given to judge or justice
357 A person who is bound by an undertaking given under subsection 503(3.1) or section 515, 522, 524, 525, 597, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Recognizance entered into before judge or justice
358 A person who is bound by a recognizance entered into under subsection 503(3.1) or section 515, 522, 524, 525, 679, 683, 816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Marginal note:Right to re-elect
359 Any person accused of an offence before the day on which section 254 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)(b)(i) or subsection 561(2) or 561.1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 14 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.
Marginal note:Limitation period for summary offences
360 For any offence punishable on summary conviction committed before the coming into force of section 315, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Marginal note:Section 83.3 of the Criminal Code
360.1 (1) If, in accordance with section 83.32 of the Criminal Code, section 83.3 of that Act does not have effect on the day on which section 24 comes into force, then that section 24 is deemed never to have come into force and is repealed.
(2) However, if, after the day referred to in subsection (1), Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017, receives royal assent and, by operation of section 157.1 of that Act, section 83.3 of the Criminal Code becomes effective again, then, as of the day on which that section 157.1 comes into force, the portion of subsection 83.3(6) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:When person to be taken before judge
(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
361 The Youth Criminal Justice Act is amended by adding the following after section 4:
Marginal note:Certain offences — extrajudicial measures deemed adequate
4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless
Marginal note:Certain offences — various measures
(2) In the cases referred to in paragraphs (1)(a) and (b),
(a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and
(b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.
362 Subsection 6(1) of the Act is replaced by the following:
Marginal note:Warnings, cautions and referrals
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.
363 The Act is amended by adding the following after section 24:
Certain Offences — Review of Charges by Attorney General
Marginal note:Review required
24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
364 (1) Subsection 25(2) of the Act is replaced by the following:
Marginal note:Arresting officer to advise young person of right to counsel
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
(2) Paragraphs 25(9)(c) and (d) of the Act are replaced by the following:
(c) any undertaking entered into before a peace officer by the young person;
365 Subsections 26(1) and (2) of the Act are replaced by the following:
Marginal note:Notice in case of arrest and detained
26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
Marginal note:Notice in other cases
(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking.
366 The heading before section 28 of the Act is replaced by the following:
Detention and Release
367 The Act is amended by adding the following after section 28:
Marginal note:Substitute for social measures prohibited
28.1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures.
368 Subsection 29(1) of the Act is replaced by the following:
Marginal note:Release order with conditions
29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.2) of the Criminal Code in respect of a release order only if they are satisfied that
(a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence;
(b) the condition is reasonable having regard to the circumstances of the offending behaviour; and
(c) the young person will reasonably be able to comply with the condition.
369 The Act is amended by adding the following after section 30:
Marginal note:Review of detention — 30-day period
30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively.
Marginal note:2012, c. 1, s. 171
370 (1) Subsection 37(4) of the Act is replaced by the following:
Marginal note:Appeals heard together
(4) An order under subsection 72(1) or (1.1) (adult or youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
(2) Subsection 37(11) of the Act is replaced by the following:
Marginal note:No appeal from youth sentence on review
(11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96.
371 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if
(i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1),
(ii) the young person will reasonably be able to comply with the condition, and
(iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and
372 Paragraph 39(1)(b) of the Act is replaced by the following:
(b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence;
373 (1) Paragraph 42(2)(c) of the Act is replaced by the following:
(c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director;
(2) Paragraph 42(2)(s) of the Act is replaced by the following:
(s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate.
374 (1) Subsection 55(1) of the Act is replaced by the following:
Marginal note:Condition that must appear in orders
55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do so.
(2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions that may appear in orders
(2) A youth justice court may, in accordance with paragraph 38(2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following:
(3) Paragraph 55(2)(h) of the Act is replaced by the following:
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and
375 (1) Subsection 59(1) of the Act is replaced by the following:
Marginal note:Review of youth sentences not involving custody
59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
(2) Subsection 59(8) of the Act is replaced by the following:
Marginal note:New youth sentence not to be more onerous
(8) Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.
(3) Section 59 of the Act is amended by adding the following after subsection (9):
Marginal note:Exception — paragraph (2)(c)
(10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38(2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions
Marginal note:2012, c. 1, s. 176(1)
376 Subsections 64(1.1) and (1.2) of the Act are repealed.
Marginal note:2012, c. 1, s. 185
377 Section 75 of the Act is repealed.
378 Subsection 76(4) of the Act is replaced by the following:
Marginal note:Report
(4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court.
Marginal note:2012, c. 1, s. 189
379 Subsection 110(2) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).
380 Section 134 of the Act is replaced by the following:
Marginal note:Applications for forfeiture
134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.
381 (1) Subsections 135(1) to (3) of the Act are replaced by the following:
Marginal note:Proceedings in case of default
135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall
(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Marginal note:Order for forfeiture
(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Marginal note:Judgment debtors of the Crown
(3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
(2) Subsections 135(5) and (6) of the Act are replaced by the following:
Marginal note:If a deposit has been made
(5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Marginal note:Subsections 770(2) and (4) of Criminal Code do not apply
(6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.
382 Paragraph 161(1)(a) of the Act is repealed.
383 Paragraph 1(g) of the schedule to the Act is repealed.
Transitional Provision
Marginal note:Subsection 59(10)
384 Subsection 59(10) of the Youth Criminal Justice Act does not apply to the sentence for an offence committed before the coming into force of that subsection.
1996, c. 19Controlled Drugs and Substances Act
385 Subsections 11(3) and (4) of the Controlled Drugs and Substances Act are replaced by the following:
Marginal note:Execution in Canada
(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
2015, c. 16An Act to amend the Criminal Code (exploitation and trafficking in persons)
386 Section 5 of An Act to amend the Criminal Code (exploitation and trafficking in persons) is replaced by the following:
Marginal note:Sections 1, 2 and 4
5 (1) Sections 1, 2 and 4 come into force on the day on which a Bill entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, introduced in the 1st session of the 42nd Parliament, receives royal assent.
Marginal note:Order in council
(2) Section 3 comes into force on a day to be fixed by order of the Governor in Council.
Consequential Amendments
R.S., c. C-34Competition Act
Marginal note:2002, c. 16, s. 3
387 Subsection 30.18(3) of the Competition Act is replaced by the following:
Marginal note:Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.11(1) or 30.16(1), order that the person be detained in custody or issue a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
R.S., c. I-1Identification of Criminals Act
Marginal note:1992, c. 47, s. 74(1); 1996, c. 7, s. 39
388 (1) Paragraph 2(1)(a) of the Identification of Criminals Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);
(2) Paragraph 2(1)(c) of the Act is replaced by the following:
(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 500(3), 501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or
R.S., c. P-1Parliament of Canada Act
Marginal note:1991, c. 20, s. 1
389 Paragraph 19.7(3)(g) of the Parliament of Canada Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
Marginal note:1991, c. 20, s. 2
390 Paragraph 52.7(3)(g) of the Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
R.S., c. S-26Supreme Court Act
391 Section 95 of the Supreme Court Act is replaced by the following:
Marginal note:Further powers of commissioners
95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court.
1985, c. 1 (2nd Supp.)Customs Act
Marginal note:2001, c. 25, s. 84
392 Subsection 163.5(1) of the Customs Act is replaced by the following:
Marginal note:Powers of designated officers
163.5 (1) In addition to the powers conferred on an officer for the enforcement of this Act, a designated officer who is at a customs office and is performing the normal duties of an officer or is acting in accordance with section 99.1 has, in relation to a criminal offence under any other Act of Parliament, the powers and obligations of a peace officer under sections 495 and 497 and paragraphs 498(1)(a) and (b) of the Criminal Code, and subsections 495(3) and 498(3) of that Act apply to the designated officer as if they were a peace officer.
1985, c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act
Marginal note:1999, c. 18, s. 114(2)
393 Subsection 23(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:
Marginal note:Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or make a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
1992, c. 20Corrections and Conditional Release Act
Marginal note:1995, c. 42, s. 44(7)
394 Subparagraph (b)(ii) of the definition sexual offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed.
395 Paragraph 1(i) of Schedule I to the Act is repealed.
1992, c. 47Contraventions Act
396 The heading before section 53 of the Contraventions Act is replaced by the following:
Undertaking or Release Order
397 Subsections 50(4) and (5) of the Act are replaced by the following:
Marginal note:Contents of notice
(4) A notice of election must have the contents required of a ticket by section 16 and state that, where a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect.
Marginal note:Cessation of effect — conditions and obligations
(5) The requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election.
Marginal note:1999, c. 25, s. 28
398 (1) Subsections 53(1) and (2) of the Act are replaced by the following:
Marginal note:Limit on conditions — payment of amount
53 (1) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:Limit on conditions — deposit of money or other security
(2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:1996, c. 7, s. 32
(2) Subsections 53(3) and (4) of the English version of the Act are replaced by the following:
Marginal note:Money or other valuable security as fine deposit
(3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall
Marginal note:Return of money or other valuable security
(4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
2000, c. 24Crimes Against Humanity and War Crimes Act
399 Subsection 20(2) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Marginal note:Evidence in specific cases
(2) Evidence given under section 714.1, 714.2 or 714.3 of the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1).
2002, c. 29Species at Risk Act
400 Paragraph 108(1)(e) of the Species at Risk Act is replaced by the following:
(e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or a release order or entered into an undertaking;
Cannabis Act
400.1 Subsections 87(3) and (4) of the Cannabis Act are replaced by the following:
Marginal note:Execution of warrant
(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Coordinating Amendments
Marginal note:Bill C-45
401 (1) Subsections (2) and (3) apply if Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled the Cannabis Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 211 of the other Act comes into force before section 178 of this Act, then that section 178 is repealed.
(3) If section 211 of the other Act comes into force on the same day as section 178 of this Act, then that section 178 is deemed to have come into force before that section 211.
Marginal note:Bill C-46
402 (1) Subsections (2) to (14) apply if Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both subsection 5(1) of the other Act and section 88 of this Act are in force, subsection 255(1) of the Criminal Code is replaced by the following:
Marginal note:Punishment
255 (1) Every person who commits an offence under subsection 253(1), subparagraph 253(3)(a) or (c) or section 254 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years and to a minimum punishment of,
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(3) On the first day on which both subsection 5(3) of the other Act and section 88 of this Act are in force, subsection 255(2.1) of the Criminal Code is replaced by the following:
Marginal note:Blood concentration equal to or over legal limit — bodily harm
(2.1) Every person who, while committing an offence under paragraph 253(1)(b) or 3(a) or (c), causes an accident resulting in bodily harm to another person is guilty of
(4) If subsection 7(1) of the other Act comes into force before section 89 of this Act, then subsection 89(3) of this Act is deemed never to have come into force and is repealed.
(5) If subsection 7(1) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(3) of this Act is deemed to have come into force before that subsection 7(1).
(6) If subsection 7(3) of the other Act comes into force before section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed.
(7) If section 89 of this Act comes into force before subsection 7(3) of the other Act, then that subsection 7(3) is deemed never to have come into force and is repealed.
(8) If subsection 7(3) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed.
(9) If sections 14 and 15 of the other Act come into force before section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed never to have come into force and are repealed.
(10) If sections 14 and 15 of the other Act come into force on the same day as section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed to have come into force before those sections 14 and 15.
(11) If sections 14 and 15 of the other Act come into force before sections 85 to 88 of this Act, then on the day on which sections 85 to 88 come into force:
(a) those sections 85 to 88 are deemed never to have come into force and are repealed;
(b) subsection 320.19(1) of the Criminal Code is replaced by the following:
Marginal note:Punishment
320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(c) the portion of subsection 320.19(3) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Minimum fines for high blood alcohol concentrations
(3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to
(d) subsections 320.19(4) and (5) of the Criminal Code are replaced by the following:
Marginal note:Minimum fine — subsection 320.15(1)
(4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.
Marginal note:Punishment — dangerous operation and other offences
(5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of
(e) section 320.2 of the Criminal Code is replaced by the following:
Marginal note:Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).
(12) If sections 85 to 88 of this Act come into force before sections 14 and 15 of the other Act, then on the day on which those sections 14 and 15 come into force, paragraphs (11)(b) to (e) apply.
(13) If sections 14 and 15 of the other Act come into force on the same day as sections 85 to 88 of this Act, then those sections 85 to 88 are deemed to have come into force before those sections 14 and 15 and subsection (12) applies as a consequence.
(14) On the first day on which both section 22 of the other Act and section 280 of this Act are in force, subsection 680(1) of the Criminal Code is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Marginal note:Bill C-51
403 (1) Subsections (2) to (27) apply if Bill C-51, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 7 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.
(3) If section 7 of this Act comes into force on the same day as section 3 of the other Act, then that section 3 is deemed to have come into force before that section 7.
(4) If section 14 of this Act comes into force before section 5 of the other Act, then subsection 82(1) of the Criminal Code is replaced by the following:
Marginal note:Possession of explosive
(5) If section 5 of the other Act comes into force on the same day as section 14 of this Act, then that section 5 is deemed to have come into force before that section 14.
(6) If section 7 of the other Act comes into force before section 38 of this Act, then subsection 38(2) of this Act is repealed.
(7) If section 38 of this Act comes into force before section 7 of the other Act, then subsections 7(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(8) If section 7 of the other Act comes into force on the same day as section 38 of this Act, then that section 38 is deemed to have come into force before that section 7 and subsection (7) applies as a consequence.
(9) If section 47 of this Act comes into force before section 9 of the other Act, then that section 9 is deemed never to have come into force and is repealed.
(10) If section 47 of this Act comes into force on the same day as section 9 of the other Act, then that section 9 is deemed to have come into force before that section 47.
(10.1) On the first day on which both section 25 of the other Act and section 73 of this Act are in force, paragraph 278.92(1)(a) of the Criminal Code is replaced by the following:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or
(11) If section 29 of the other Act comes into force before section 116 of this Act, then subsection 116(2) of this Act is repealed.
(12) If section 116 of this Act comes into force before section 29 of the other Act, then subsections 29(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(13) If section 29 of the other Act comes into force on the same day as section 116 of this Act, then that section 29 is deemed to have come into force before that section 116 and subsection (11) applies as a consequence.
(14) If section 129 of this Act comes into force before section 38 of the other Act, then that section 38 is deemed never to have come into force and is repealed.
(15) If section 129 of this Act comes into force on the same day as section 38 of the other Act, then that section 38 is deemed to have come into force before that section 129.
(16) If subsection 157(1) of this Act comes into force before section 46 of the other Act and that section 46 comes into force before subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(17) If subsection 157(2) of this Act comes into force before section 46 of the other Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(18) If section 46 of the other Act comes into force on the same day as subsection 157(1) of this Act, then that section 46 is deemed to have come into force before that subsection 157(1).
(19) If section 46 of the other Act comes into force on the same day as subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(20) If section 48 of the other Act comes into force before section 158 of this Act, then subsection 158(2) of this Act is repealed.
(21) If section 158 of this Act comes into force before section 48 of the other Act, then subsections 48(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(22) If section 48 of the other Act comes into force on the same day as section 158 of this Act, then that section 48 is deemed to have come into force before that section 158 and subsection (20) applies as a consequence.
(23) If section 175 of this Act comes into force before section 56 of the other Act, then that section 56 is deemed never to have come into force and is repealed.
(24) If section 56 of the other Act comes into force on the same day as section 175 of this Act, then that section 56 is deemed to have come into force before that section 175.
(25) If section 66 of the other Act comes into force before section 295 of this Act, then that section 295 is repealed.
(26) If section 295 of this Act comes into force before section 66 of the other Act, then that section 66 is deemed never to have come into force and is repealed.
(27) If section 66 of the other Act comes into force on the same day as section 295 of this Act, then that section 295 is deemed never to have come into force and is repealed.
(28) If subsection 334(3) and section 337 of this Act come into force before subsections 69(1) and (2) and sections 70, 71 and 72 of the other Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed never to have come into force and are repealed.
(29) If subsection 69(1) and (2) and sections 70, 71 and 72 of the other Act come into force on the same day as subsection 334(3) and section 337 of this Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed to have come into force before that subsection 334(3) and that section 337.
Marginal note:Bill C-59
404 (1) Subsections (2) to (9) apply if Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017 (in this section referred to as the “other Act”), receives royal assent.
(2) If section 140 of the other Act comes into force before subsection 1(1) of this Act, then paragraph 2.3(1)(f) of the Criminal Code, as enacted by section 2 of this Act, is replaced by the following:
(f) proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3.
(3) If subsection 1(1) of this Act comes into force before section 140 of the other Act:
(a) that section 140 is deemed never to have come into force and is repealed;
(b) paragraph 2.3(1)(f) of the Criminal Code is replaced by the following:
(f) proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3.
(4) If section 140 of the other Act comes into force on the same day as subsection 1(1) of this Act, then that section 140 is deemed to have come into force before that subsection 1(1) and subsection (2) applies as a consequence.
(5) If section 162 of the other Act comes into force before section 366 of this Act, then that section 366 is repealed.
(6) If section 366 of this Act comes into force before section 162 of the other Act, then that section 162 is deemed never to have come into force and is repealed.
(7) If section 162 of the other Act comes into force on the same day as section 366 of this Act, then that section 366 is deemed never to have come into force and is repealed.
(8) If section 368 of this Act comes into force before section 163 of the other Act, then that section 163 is deemed never to have come into force and is repealed.
(9) If section 368 of this Act comes into force on the same day as section 163 of the other Act, then that section 163 is deemed to have come into force before that section 368.
Coming into Force
Marginal note:Thirtieth day after royal assent
405 Sections 278, 301 and 314 come into force on the 30th day after the day on which this Act receives royal assent.
Marginal note:Ninetieth day after royal assent
406 Subsections 1(1) and (2), sections 2 and 3, subsection 4(1), sections 6 to 23, 25 to 29, 33 to 46, 48 to 50 and 52, subsection 55(2), sections 56 to 59, 61, 63, 64 to 69, 70 to 72, 74 to 76, 79 to 88, 90, 92 to 97, 103 to 110 and 112 to 156, subsection 157(1), sections 158 to 181 and 183 to 186, subsection 187(2), sections 188, 191 to 201, 203 to 208 and 216, subsection 225(2), sections 237 to 244, subsections 245(1) to (3), sections 246, 247, 250, 251, 252 and 253, subsections 254(1), (4) and (5) and 255(1), (2), (4) and (5), sections 256 to 259, subsection 260(1), sections 261 to 263, 265, 267 to 275 and 277, subsections 281(1) and (2), sections 282 to 286, 289 to 294, 298, 299, 302, 305 to 307, 315 to 319, 321, 322 and 329 to 333, subsections 334(1) and (2) and 336(1), sections 338 to 344, subsection 345(1), sections 346 and 347, subsections 348(1) and (2) and 349(1) and (2), sections 350 to 353, subsection 370(1), sections 376 to 379, 382 and 385, subsection 388(1) and sections 399 and 400.1 come into force on the 90th day after the day on which this Act receives royal assent.
Marginal note:One-hundred-and-eightieth day after royal assent
407 Subsection 1(3), sections 5, 24, 30 to 32, 47 and 91, subsection 157(2), section 182, subsection 187(1), sections 209 to 215, sections 217 to 224, subsections 225(1) and (3) to (7), sections 226 to 236, subsection 245(4), sections 248 and 249, subsections 254(2) and (3), 255(3) and 260(2), sections 264, 266, 276, 279 and 280, subsections 281(3) and (4), sections 287, 288, 295, 296, 297, 300, 303, 304, 308 to 313 and 323 to 328, subsection 334(3), section 335, subsection 336(2), section 337, subsections 345(2), 348(3) and 349(3), sections 361 to 369, subsection 370(2), sections 371 to 375, 380, 381 and 387, subsection 388(2) and sections 389 to 393, 396 to 398 and 400 come into force on the 180th day after the day on which this Act receives royal assent.
- Date modified: