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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)

Assented to 2019-06-21

2002, c. 1Youth Criminal Justice Act (continued)

Amendments to the Act (continued)

 Paragraph 161(1)(a) of the Act is repealed.

 Paragraph 1(g) of the schedule to the Act is repealed.

Transitional Provision

Marginal note:Subsection 59(10)

 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

 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)

 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

 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

  •  (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

 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

 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

 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

 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)

 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.

1992, c. 20Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 44(7)

 Subparagraph (b)(ii) of the definition sexual offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed.

 Paragraph 1(i) of Schedule I to the Act is repealed.

1992, c. 47Contraventions Act

 The heading before section 53 of the Contraventions Act is replaced by the following:

Undertaking or Release Order

 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

  •  (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.

 

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