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
Consequential Amendments (continued)
1992, c. 20Corrections and Conditional Release Act
Marginal note:1995, c. 42, s. 44(7)
394 Subparagraph (b)(ii) of the definition sexual offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed.
395 Paragraph 1(i) of Schedule I to the Act is repealed.
1992, c. 47Contraventions Act
396 The heading before section 53 of the Contraventions Act is replaced by the following:
Undertaking or Release Order
397 Subsections 50(4) and (5) of the Act are replaced by the following:
Marginal note:Contents of notice
(4) A notice of election must have the contents required of a ticket by section 16 and state that, where a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect.
Marginal note:Cessation of effect — conditions and obligations
(5) The requirement to attend court in accordance with a summons, appearance notice, undertaking or release order, the conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election.
Marginal note:1999, c. 25, s. 28
398 (1) Subsections 53(1) and (2) of the Act are replaced by the following:
Marginal note:Limit on conditions — payment of amount
53 (1) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:Limit on conditions — deposit of money or other security
(2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)(c).
Marginal note:1996, c. 7, s. 32
(2) Subsections 53(3) and (4) of the English version of the Act are replaced by the following:
Marginal note:Money or other valuable security as fine deposit
(3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall
(a) be applied on account of the fine and fees imposed; and
(b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.
Marginal note:Return of money or other valuable security
(4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
2000, c. 24Crimes Against Humanity and War Crimes Act
399 Subsection 20(2) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Marginal note:Evidence in specific cases
(2) Evidence given under section 714.1, 714.2 or 714.3 of the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1).
2002, c. 29Species at Risk Act
400 Paragraph 108(1)(e) of the Species at Risk Act is replaced by the following:
(e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or a release order or entered into an undertaking;
Cannabis Act
400.1 Subsections 87(3) and (4) of the Cannabis Act are replaced by the following:
Marginal note:Execution of warrant
(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.
Coordinating Amendments
Marginal note:Bill C-45
401 (1) Subsections (2) and (3) apply if Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled the Cannabis Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 211 of the other Act comes into force before section 178 of this Act, then that section 178 is repealed.
(3) If section 211 of the other Act comes into force on the same day as section 178 of this Act, then that section 178 is deemed to have come into force before that section 211.
Marginal note:Bill C-46
402 (1) Subsections (2) to (14) apply if Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both subsection 5(1) of the other Act and section 88 of this Act are in force, subsection 255(1) of the Criminal Code is replaced by the following:
Marginal note:Punishment
255 (1) Every person who commits an offence under subsection 253(1), subparagraph 253(3)(a) or (c) or section 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.
(3) On the first day on which both subsection 5(3) of the other Act and section 88 of this Act are in force, subsection 255(2.1) of the Criminal Code is replaced by the following:
Marginal note:Blood concentration equal to or over legal limit — bodily harm
(2.1) Every person who, while committing an offence under paragraph 253(1)(b) or 3(a) or (c), 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).
(4) If subsection 7(1) of the other Act comes into force before section 89 of this Act, then subsection 89(3) of this Act is deemed never to have come into force and is repealed.
(5) If subsection 7(1) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(3) of this Act is deemed to have come into force before that subsection 7(1).
(6) If subsection 7(3) of the other Act comes into force before section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed.
(7) If section 89 of this Act comes into force before subsection 7(3) of the other Act, then that subsection 7(3) is deemed never to have come into force and is repealed.
(8) If subsection 7(3) of the other Act comes into force on the same day as section 89 of this Act, then subsection 89(4) of this Act is deemed never to have come into force and is repealed.
(9) If sections 14 and 15 of the other Act come into force before section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed never to have come into force and are repealed.
(10) If sections 14 and 15 of the other Act come into force on the same day as section 89 of this Act, then subsections 89(1) and (2) of this Act are deemed to have come into force before those sections 14 and 15.
(11) If sections 14 and 15 of the other Act come into force before sections 85 to 88 of this Act, then on the day on which sections 85 to 88 come into force:
(a) those sections 85 to 88 are deemed never to have come into force and are repealed;
(b) subsection 320.19(1) of the Criminal Code is replaced by the following:
Marginal note:Punishment
320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 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.
(c) the portion of subsection 320.19(3) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Minimum fines for high blood alcohol concentrations
(3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to
(d) subsections 320.19(4) and (5) of the Criminal Code are replaced by the following:
Marginal note:Minimum fine — subsection 320.15(1)
(4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.
Marginal note:Punishment — dangerous operation and other offences
(5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) 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.
(e) section 320.2 of the Criminal Code is replaced by the following:
Marginal note:Punishment in case of bodily harm
320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 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 the minimum punishments set out in subparagraphs (a)(i) to (iii).
(12) If sections 85 to 88 of this Act come into force before sections 14 and 15 of the other Act, then on the day on which those sections 14 and 15 come into force, paragraphs (11)(b) to (e) apply.
(13) If sections 14 and 15 of the other Act come into force on the same day as sections 85 to 88 of this Act, then those sections 85 to 88 are deemed to have come into force before those sections 14 and 15 and subsection (12) applies as a consequence.
(14) On the first day on which both section 22 of the other Act and section 280 of this Act are in force, subsection 680(1) of the Criminal Code is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Marginal note:Bill C-51
403 (1) Subsections (2) to (27) apply if Bill C-51, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 7 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.
(3) If section 7 of this Act comes into force on the same day as section 3 of the other Act, then that section 3 is deemed to have come into force before that section 7.
(4) If section 14 of this Act comes into force before section 5 of the other Act, then subsection 82(1) of the Criminal Code is replaced by the following:
Marginal note:Possession of explosive
82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance 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.
(5) If section 5 of the other Act comes into force on the same day as section 14 of this Act, then that section 5 is deemed to have come into force before that section 14.
(6) If section 7 of the other Act comes into force before section 38 of this Act, then subsection 38(2) of this Act is repealed.
(7) If section 38 of this Act comes into force before section 7 of the other Act, then subsections 7(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(8) If section 7 of the other Act comes into force on the same day as section 38 of this Act, then that section 38 is deemed to have come into force before that section 7 and subsection (7) applies as a consequence.
(9) If section 47 of this Act comes into force before section 9 of the other Act, then that section 9 is deemed never to have come into force and is repealed.
(10) If section 47 of this Act comes into force on the same day as section 9 of the other Act, then that section 9 is deemed to have come into force before that section 47.
(10.1) On the first day on which both section 25 of the other Act and section 73 of this Act are in force, paragraph 278.92(1)(a) of the Criminal Code is replaced by the following:
(a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or
(11) If section 29 of the other Act comes into force before section 116 of this Act, then subsection 116(2) of this Act is repealed.
(12) If section 116 of this Act comes into force before section 29 of the other Act, then subsections 29(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(13) If section 29 of the other Act comes into force on the same day as section 116 of this Act, then that section 29 is deemed to have come into force before that section 116 and subsection (11) applies as a consequence.
(14) If section 129 of this Act comes into force before section 38 of the other Act, then that section 38 is deemed never to have come into force and is repealed.
(15) If section 129 of this Act comes into force on the same day as section 38 of the other Act, then that section 38 is deemed to have come into force before that section 129.
(16) If subsection 157(1) of this Act comes into force before section 46 of the other Act and that section 46 comes into force before subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.
(17) If subsection 157(2) of this Act comes into force before section 46 of the other Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.
(18) If section 46 of the other Act comes into force on the same day as subsection 157(1) of this Act, then that section 46 is deemed to have come into force before that subsection 157(1).
(19) If section 46 of the other Act comes into force on the same day as subsection 157(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Marginal note:Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.
(20) If section 48 of the other Act comes into force before section 158 of this Act, then subsection 158(2) of this Act is repealed.
(21) If section 158 of this Act comes into force before section 48 of the other Act, then subsections 48(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(22) If section 48 of the other Act comes into force on the same day as section 158 of this Act, then that section 48 is deemed to have come into force before that section 158 and subsection (20) applies as a consequence.
(23) If section 175 of this Act comes into force before section 56 of the other Act, then that section 56 is deemed never to have come into force and is repealed.
(24) If section 56 of the other Act comes into force on the same day as section 175 of this Act, then that section 56 is deemed to have come into force before that section 175.
(25) If section 66 of the other Act comes into force before section 295 of this Act, then that section 295 is repealed.
(26) If section 295 of this Act comes into force before section 66 of the other Act, then that section 66 is deemed never to have come into force and is repealed.
(27) If section 66 of the other Act comes into force on the same day as section 295 of this Act, then that section 295 is deemed never to have come into force and is repealed.
(28) If subsection 334(3) and section 337 of this Act come into force before subsections 69(1) and (2) and sections 70, 71 and 72 of the other Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed never to have come into force and are repealed.
(29) If subsection 69(1) and (2) and sections 70, 71 and 72 of the other Act come into force on the same day as subsection 334(3) and section 337 of this Act, then those subsections 69(1) and (2) and sections 70, 71 and 72 are deemed to have come into force before that subsection 334(3) and that section 337.
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