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)

Marginal note:2007, c. 22, s. 23

330 The portion of Form 5.03 of Part XXVIII of the Act after the paragraph that begins with “To” and ends with “(territorial division):” is replaced by the following:

Marginal note:2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32

• 331 (1) The portion of Form 5.04 of Part XXVIII of the Act that begins with “Whereas” and ends with “the “offender”,” is replaced by the following:

  Whereas (name of person), in this order called the “person”,

• (2) The portion of paragraph (b) of the English version of Form 5.04 of Part XXVIII of the Act before subparagraph (i) is replaced by the following:

  • (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

• (3) The portion of Form 5.04 of Part XXVIII of the Act that follows subparagraph (b)(v) is replaced by the following:

  Whereas the person’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person’s privacy and security have been considered by the court;

  And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;

  Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

  This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:

  Dated (date), at (place).

  (Signature of judge of the court or clerk of the court)

Marginal note:2007, c. 22, s. 23

• 332 (1) The paragraph of Form 5.041 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “analysis;” is replaced by the following:

  This is therefore to order you, in Her Majesty’s name, to appear on (date), at (hour), at (place), for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code.

• Marginal note:2007, c. 22, s. 23

  (2) The portion of Form 5.041 of Part XXVIII of the Act after subsection 487.0552(1) set out in that Form is replaced by the following:

  Dated (date), at (place).

  (Signature of judge of the court or clerk of the court)

Marginal note:2007, c. 22, s. 23

333 The portion of Form 5.061 of Part XXVIII of the Act after subsection 487.0552(1) set out in that Form is replaced by the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 184(4)

• 334 (1) The two paragraphs of Form 6 of Part XXVIII of the Act after the paragraph that begins with “To A.B.” and ends with “(occupation):” are replaced by the following:

  Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);

  Therefore, you are ordered, in Her Majesty’s name:

  • (a) to attend court on (date), at (hour), at (place) or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law; and

  • (b) to appear on (date), at (hour), at (place), for the purposes of the Identification of Criminals Act. (Ignore if not filled in).

• Marginal note:R.S., c. 27 (1st Supp.), s. 184(4)

  (2) The portion of Form 6 of Part XXVIII of the Act after section 510 set out in that Form is replaced by the following:

  Dated (date), at (place).

  (Signature of judge, justice or clerk of the court)

• (3) Form 6 of Part XXVIII of the Act is replaced by the following:

  FORM 6(Section 2)Summons to a Person Charged with an Offence
  

  Canada,

  Province of

  (territorial division).

  To (name of person), of , born on (date of birth):

  Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);

  Therefore, you are ordered, in Her Majesty’s name:

  • (a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and

  • (b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.

  You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons.

  If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

  If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code).

  Signed on (date), at (place).

  

  (Signature of judge, justice, clerk of the court or chairperson of the Review Board)

  

  (Name of the judge, justice or chairperson)