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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:R.S., c. 27 (1st Supp.), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1

 Section 230 of the Act is repealed.

 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

 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

 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.

 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

 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

  •  (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

 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

  •  (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

 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)

 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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