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:R.S., c. 27 (1st Supp.), s. 56
161 Subsection 426(3) of the Act is replaced by the following:
Marginal note:Punishment
(3) A person who commits an offence under this section 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:2001, c. 41, s. 12
162 (1) Paragraph 430(4.1)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:2014, c. 9, s. 1
(2) Paragraph 430(4.11)(c) of the Act is replaced by the following:
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.
Marginal note:1990, c. 15, s. 1
163 Subsection 435(1) of the Act is replaced by the following:
Marginal note:Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, 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:1990, c. 15, s. 1
164 Subsection 436(1) of the Act is replaced by the following:
Marginal note:Arson by negligence
436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property 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:1990, c. 15, s. 1
165 Section 436.1 of the Act is replaced by the following:
Marginal note:Possession of incendiary material
436.1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 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.
166 (1) The portion of subsection 438(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Interfering with saving of wrecked vessel
438 (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 intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,
(2) The portion of subsection 438(1) of the English version of the Act after paragraph (b) is repealed.
167 Subsection 439(2) of the Act is replaced by the following:
Marginal note:Idem
(2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation 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.
168 Sections 440 and 441 of the Act are replaced by the following:
Marginal note:Removing natural bar without permission
440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, 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:Occupant injuring building
441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, 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.
169 (1) The portion of subsection 443(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Interfering with international boundary marks, etc.
443 (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 intentionally pulls down, defaces, alters or removes
(2) The portion of subsection 443(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:2008, c. 12, s. 1
170 Paragraph 445(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2015, c. 34, s. 3
171 Paragraph 445.01(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2008, c. 12, s. 1
172 Paragraph 445.1(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2008, c. 12, s. 1
173 Paragraph 446(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
Marginal note:2008, c. 12, s. 1
174 Paragraph 447(2)(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
175 Section 451 of the Act is replaced by the following:
Marginal note:Having clippings, etc.
451 Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, 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.
176 (1) The portion of section 453 of the Act before paragraph (a) is replaced by the following:
Marginal note:Uttering coin
453 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, with intent to defraud, knowingly utters
(2) The portion of section 453 of the English version of the Act after paragraph (b) is repealed.
177 (1) The portion of subsection 460(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Advertising and dealing in counterfeit money, etc.
460 (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
(2) The portion of subsection 460(1) of the English version of the Act after paragraph (b) is repealed.
Marginal note:R.S., c. 50 (4th Supp.), s. 1
178 Paragraphs 462.2(a) and (b) of the Act are replaced by the following:
(a) for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(b) for a second or subsequent offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2001, c. 32, s. 12(7); 2005, c. 44, s. 1(2); 2010, c. 14, s. 7
179 Subsections 462.3(3) and (4) of the Act are repealed.
Marginal note:R.S., c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29
180 Subsections 462.32(2.1) to (3) of the Act are replaced by the following:
Marginal note:Execution in Canada
(2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:Other provisions to apply
(3) Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.
Marginal note:1997, c. 18, s. 30(3)
181 Subsection 462.33(3.01) of the Act is replaced by the following:
Marginal note:Effect of order
(3.01) A restraint order issued under subsection (1) has effect throughout Canada.
Marginal note:1997, c. 18, s. 31(1)
182 (1) Subparagraph 462.34(4)(c)(iii) of the Act is replaced by the following:
(iii) permitting the use of the property in relation to an undertaking or release order,
Marginal note:R.S., c. 42 (4th Supp.), s. 2
(2) Subsection 462.34(8) of the Act is repealed.
Marginal note:1998, c. 35, s. 121
183 Paragraph 465(1)(b) of the Act is replaced by the following:
(b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of
(i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or
(ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;
Marginal note:2001, c. 32, s. 27
184 Subsection 467.11(1) of the Act is replaced by the following:
Marginal note:Participation in activities of criminal organization
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization 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:2001, c. 32, s. 28; 2014, c. 17, s. 11
185 Section 467.2 of the Act is repealed.
Marginal note:2002, c. 13, s. 17(1)
186 (1) The portion of subsection 482(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Power to make rules
(2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:
(2) Subsection 482(4) of the Act is replaced by the following:
Marginal note:Publication
(4) Rules of court that are made under this section must be published or otherwise made available to the public.
Marginal note:2002, c. 13, s. 18
187 (1) Subsection 482.1(4) of the Act is replaced by the following:
Marginal note:Provisions to apply
(4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
Marginal note:2002, c. 13, s. 18
(2) Subsections 482.1(5) and (6) of the Act are replaced by the following:
Marginal note:Subsections 482(4) and (5) to apply
(5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
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