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
2002, c. 1Youth Criminal Justice Act (continued)
Amendments to the Act (continued)
369 The Act is amended by adding the following after section 30:
Marginal note:Review of detention — 30-day period
30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively.
Marginal note:2012, c. 1, s. 171
370 (1) Subsection 37(4) of the Act is replaced by the following:
Marginal note:Appeals heard together
(4) An order under subsection 72(1) or (1.1) (adult or youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
(2) Subsection 37(11) of the Act is replaced by the following:
Marginal note:No appeal from youth sentence on review
(11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96.
371 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if
(i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1),
(ii) the young person will reasonably be able to comply with the condition, and
(iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and
372 Paragraph 39(1)(b) of the Act is replaced by the following:
(b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence;
373 (1) Paragraph 42(2)(c) of the Act is replaced by the following:
(c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director;
(2) Paragraph 42(2)(s) of the Act is replaced by the following:
(s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate.
374 (1) Subsection 55(1) of the Act is replaced by the following:
Marginal note:Condition that must appear in orders
55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do so.
(2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Conditions that may appear in orders
(2) A youth justice court may, in accordance with paragraph 38(2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following:
(3) Paragraph 55(2)(h) of the Act is replaced by the following:
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and
375 (1) Subsection 59(1) of the Act is replaced by the following:
Marginal note:Review of youth sentences not involving custody
59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
(2) Subsection 59(8) of the Act is replaced by the following:
Marginal note:New youth sentence not to be more onerous
(8) Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.
(3) Section 59 of the Act is amended by adding the following after subsection (9):
Marginal note:Exception — paragraph (2)(c)
(10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38(2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions
(a) would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or
(b) would assist the young person to comply with any conditions previously imposed as part of that sentence.
Marginal note:2012, c. 1, s. 176(1)
376 Subsections 64(1.1) and (1.2) of the Act are repealed.
Marginal note:2012, c. 1, s. 185
377 Section 75 of the Act is repealed.
378 Subsection 76(4) of the Act is replaced by the following:
Marginal note:Report
(4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court.
Marginal note:2012, c. 1, s. 189
379 Subsection 110(2) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).
380 Section 134 of the Act is replaced by the following:
Marginal note:Applications for forfeiture
134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.
381 (1) Subsections 135(1) to (3) of the Act are replaced by the following:
Marginal note:Proceedings in case of default
135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall
(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Marginal note:Order for forfeiture
(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Marginal note:Judgment debtors of the Crown
(3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
(2) Subsections 135(5) and (6) of the Act are replaced by the following:
Marginal note:If a deposit has been made
(5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Marginal note:Subsections 770(2) and (4) of Criminal Code do not apply
(6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.
382 Paragraph 161(1)(a) of the Act is repealed.
383 Paragraph 1(g) of the schedule to the Act is repealed.
Transitional Provision
Marginal note:Subsection 59(10)
384 Subsection 59(10) of the Youth Criminal Justice Act does not apply to the sentence for an offence committed before the coming into force of that subsection.
1996, c. 19Controlled Drugs and Substances Act
385 Subsections 11(3) and (4) of the Controlled Drugs and Substances Act are replaced by the following:
Marginal note:Execution in Canada
(3) 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.
2015, c. 16An Act to amend the Criminal Code (exploitation and trafficking in persons)
386 Section 5 of An Act to amend the Criminal Code (exploitation and trafficking in persons) is replaced by the following:
Marginal note:Sections 1, 2 and 4
5 (1) Sections 1, 2 and 4 come into force on the day on which a Bill entitled An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, introduced in the 1st session of the 42nd Parliament, receives royal assent.
Marginal note:Order in council
(2) Section 3 comes into force on a day to be fixed by order of the Governor in Council.
Consequential Amendments
R.S., c. C-34Competition Act
Marginal note:2002, c. 16, s. 3
387 Subsection 30.18(3) of the Competition Act is replaced by the following:
Marginal note:Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.11(1) or 30.16(1), order that the person be detained in custody or issue a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
R.S., c. I-1Identification of Criminals Act
Marginal note:1992, c. 47, s. 74(1); 1996, c. 7, s. 39
388 (1) Paragraph 2(1)(a) of the Identification of Criminals Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);
(2) Paragraph 2(1)(c) of the Act is replaced by the following:
(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 500(3), 501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or
R.S., c. P-1Parliament of Canada Act
Marginal note:1991, c. 20, s. 1
389 Paragraph 19.7(3)(g) of the Parliament of Canada Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
Marginal note:1991, c. 20, s. 2
390 Paragraph 52.7(3)(g) of the Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
R.S., c. S-26Supreme Court Act
391 Section 95 of the Supreme Court Act is replaced by the following:
Marginal note:Further powers of commissioners
95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court.
1985, c. 1 (2nd Supp.)Customs Act
Marginal note:2001, c. 25, s. 84
392 Subsection 163.5(1) of the Customs Act is replaced by the following:
Marginal note:Powers of designated officers
163.5 (1) In addition to the powers conferred on an officer for the enforcement of this Act, a designated officer who is at a customs office and is performing the normal duties of an officer or is acting in accordance with section 99.1 has, in relation to a criminal offence under any other Act of Parliament, the powers and obligations of a peace officer under sections 495 and 497 and paragraphs 498(1)(a) and (b) of the Criminal Code, and subsections 495(3) and 498(3) of that Act apply to the designated officer as if they were a peace officer.
1985, c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act
Marginal note:1999, c. 18, s. 114(2)
393 Subsection 23(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:
Marginal note:Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or make a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
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