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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

R.S., c. C-46Criminal Code (continued)

Amendments to the Act (continued)

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  • 303 (1) Subsections 742.3(1.1) to (1.3) of the Act are repealed.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: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

  • 753.3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision 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.

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.

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