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:1993, c. 40, s. 9
66 Section 188.1 of the Act is replaced by the following:
Marginal note:Execution in Canada
188.1 An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.
67 Subsection 191(1) of the Act is replaced by the following:
Marginal note:Possession, etc.
191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications 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.
68 Subsection 193(1) of the Act is replaced by the following:
Marginal note:Disclosure of information
193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly
(a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or
(b) discloses the existence of the private communication.
Marginal note:Punishment
(1.1) Every person who commits an offence under subsection (1) 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:1993, c. 40, s. 12
69 The portion of subsection 193.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disclosure of information received from interception of radio-based telephone communications
193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication 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, if
69.1 (1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.
(2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:
- disorderly house
disorderly house means a common betting house or a common gaming house; (maison de désordre)
69.2 (1) Subsection 199(1) of the Act is replaced by the following:
Marginal note:Warrant to search
199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.
(2) Subsection 199(6) of the Act is replaced by the following:
Marginal note:Telephones exempt from seizure
(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.
70 Subsection 201(1) of the Act is replaced by the following:
Marginal note:Keeping gaming or betting house
201 (1) Every person who keeps a common gaming house or common betting house 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.
71 The portion of subsection 206(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence in relation to lotteries and games of chance
206 (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
72 Section 209 of the Act is replaced by the following:
Marginal note:Cheating at play
209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting 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.
73 The heading before section 210 and sections 210 and 211 of the Act are repealed.
Marginal note:2005, c. 32, s. 11
74 Paragraph 215(3)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:2005, c. 32, s. 12
75 Paragraph 218(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
76 Section 221 of the Act is replaced by the following:
Marginal note:Causing bodily harm by criminal negligence
221 Every person who by criminal negligence causes 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; or
(b) an offence punishable on summary conviction.
77 Paragraph 229(c) of the Act is replaced by the following:
(c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.
Marginal note:R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1
78 Section 230 of the Act is repealed.
79 Section 237 of the Act is replaced by the following:
Marginal note:Punishment for infanticide
237 Every female person who commits infanticide is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:2016, c. 3, s. 3
80 Section 241.3 of the Act is replaced by the following:
Marginal note:Failure to comply with safeguards
241.3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)(b) to (i) and subsection 241.2(8) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:2016, c. 3, s. 3
81 Subsection 241.4(3) of the Act is replaced by the following:
Marginal note:Punishment
(3) Everyone who commits an offence under subsection (1) or (2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
82 Sections 242 and 243 of the Act are replaced by the following:
Marginal note:Neglect to obtain assistance in childbirth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Marginal note:Concealing body of child
243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, 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:2016, c. 3, s. 6
83 Subsection 245(1) of the Act is replaced by the following:
Marginal note:Administering noxious thing
245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty
(a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or
(b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.
Marginal note:2004, c. 12, s. 6
84 (1) The portion of subsection 247(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Traps likely to cause bodily harm
247 (1) 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 with intent to cause death or bodily harm to a person, whether ascertained or not,
Marginal note:2004, c. 12, s. 6
(2) Subsections 247(2) and (3) of the Act are replaced by the following:
Marginal note:Bodily harm
(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, 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.
Marginal note:Offence-related place
(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, 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.
Marginal note:R.S., c. 27 (1st Supp.), s. 36
85 Subsection 249(3) of the Act is replaced by the following:
Marginal note:Dangerous operation causing bodily harm
(3) Every person who commits an offence under subsection (1) and by doing so causes bodily harm to any other person 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.
Marginal note:R.S., c. 27 (1st Supp.), s. 36
86 (1) The portion of subsection 251(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unseaworthy vessel and unsafe aircraft
251 (1) 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 endangers the life of any person by knowingly committing one of the following acts:
Marginal note:R.S., c. 27 (1st Supp.), s. 36
(2) The portion of subsection 251(1) of the English version of the Act after paragraph (c) is repealed.
Marginal note:1999, c. 32, s. 1
87 Subsection 252(1.2) of the Act is replaced by the following:
Marginal note:Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident 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.
Marginal note:R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, ss. 21(1) to (3)
88 Subsections 255(1) to (2.2) of the Act are replaced by the following:
Marginal note:Punishment
255 (1) Every person who commits an offence under section 253 or 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.
Marginal note:Impaired driving causing bodily harm
(2) Every person who, while committing an offence under paragraph 253(1)(a), causes 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).
Marginal note:Blood alcohol level over legal limit — bodily harm
(2.1) Every person who, while committing an offence under paragraph 253(1)(b), 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).
Marginal note:Failure or refusal to provide sample — bodily harm
(2.2) Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused 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 same maximum and minimum punishments set out in paragraph (1)(b).
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