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)

45 Section 142 of the Act is replaced by the following:

• 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• (2) The portion of section 144 of the English version of the Act after paragraph (b) is repealed.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

    • (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: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

    • (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: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: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 :

    • a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

    • b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

• 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: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:

57 Subsection 172(1) of the Act is replaced by the following:

Marginal note:2012, c. 1, s. 23

58 Paragraph 173(1)(b) of the Act is replaced by the following:

• 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:1993, c. 40, s. 4

65 Subsection 184.5(1) of the Act is replaced by the following: