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
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
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185 Section 467.2 of the Act is repealed.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).
- Date modified: