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)

382 Paragraph 161(1)(a) of the Act is repealed.

383 Paragraph 1(g) of the schedule to the Act is repealed.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:

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:

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:

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:

Marginal note:1991, c. 20, s. 2

390 Paragraph 52.7(3)(g) of the Act is replaced by the following:

R.S., c. S-26Supreme Court Act

391 Section 95 of the Supreme Court Act is replaced by the following:

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:

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:

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:

397 Subsections 50(4) and (5) of the Act are replaced by the following:

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

    • (a) be applied on account of the fine and fees imposed; and

    • (b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.

  • 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:

2002, c. 29Species at Risk Act

400 Paragraph 108(1)(e) of the Species at Risk Act is replaced by the following:

Cannabis Act

400.1 Subsections 87(3) and (4) of the Cannabis Act are replaced by the following:

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,

      • (i) for a first offence, a fine of $1,000,

      • (ii) for a second offence, imprisonment for a term of 30 days, and

      • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

    • (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,

      • (i) for a first offence, a fine of $1,000,

      • (ii) for a second offence, imprisonment for a term of 30 days, and

      • (iii) for each subsequent offence, imprisonment for a term of 120 days.

• (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

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)(a)(i) to (iii); or

    • (b) an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)(b).

• (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,

        • (i) for a first offence, a fine of $1,000,

        • (ii) for a second offence, imprisonment for a term of 30 days, and

        • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

      • (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,

        • (i) for a first offence, a fine of $1,000,

        • (ii) for a second offence, imprisonment for a term of 30 days, and

        • (iii) for each subsequent offence, imprisonment for a term of 120 days.

  • (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

      • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

      • (b) an offence punishable on summary conviction.

  • (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,

      • (i) for a first offence, a fine of $1,000,

      • (ii) for a second offence, imprisonment for a term of 30 days, and

      • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

    • (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,