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)

• 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.

• 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.

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

• (a) Aboriginal accused; and

• (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

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: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

• (a) an indictable offence mentioned in section 553;

• (b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or

• (c) an offence punishable on summary conviction.

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

• (a) the peace officer issues an appearance notice to the person; or

• (b) the person gives an undertaking to the peace officer.

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

  • (a) the name, date of birth and contact information of the accused;

  • (b) the substance of the offence that the accused is alleged to have committed; and

  • (c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).

• 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.

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.