Marginal note:2008, c. 6, s. 31(3)

13. Paragraph 279.1(2.1)(b) of the Act is replaced by the following:

Marginal note:2008, c. 6, s. 32(2)

14. Paragraph 344(2)(b) of the Act is replaced by the following:

Marginal note:2008, c. 6, s. 33(2)

15. Paragraph 346(1.2)(b) of the Act is replaced by the following:

• 16. (1) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (vi):

  • (vi.1) section 244.2 (discharging firearm — recklessness),

• (2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xi):

  • (xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

  • (xi.2) section 270.02 (aggravated assault of peace officer),

Marginal note:2008, c. 6, s. 37(2)

17. Subparagraph 515(6)(a)(vii) of the Act is replaced by the following:

18. The Act is amended by adding the following after section 718.01:

Marginal note:2001, c. 41, s. 22(2)

• 19. (1) Subsection 810.01(3) of the Act is replaced by the following:

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

  • Marginal note:Duration extended

    (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

• Marginal note:1997, c. 23, s. 26

  (2) Subsections 810.01(5) to (5.2) of the Act are replaced by the following:

  • Marginal note:Conditions in recognizance

    (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

    • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

    • (d) to return to and remain at their place of residence at specified times; or

    • (e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.

  • Marginal note:Reasons

    (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

COMING INTO FORCE

Marginal note:Order in council

20. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.