Protecting Victims Act (S.C. 2026, c. 19)
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Assented to 2026-06-18
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
19 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant of seizure — material on computer system
164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that material, consisting of illicit material or of computer data that makes illicit material available, is stored on and made available through a computer system that is within the jurisdiction of the court, the judge may order the custodian of the computer system to
(2) Subsection 164.1(5) of the Act is replaced by the following:
Marginal note:Order
(5) If the court is satisfied, on a balance of probabilities, that the material is illicit material or computer data that makes illicit material available, it may order the custodian of the computer system to delete the material.
Marginal note:Order — intimate image
(5.1) If the illicit material is an intimate image, as defined in subsection 162.1(2), in relation to which an offence was committed under section 162.1, the court must order the custodian of the computer system to delete the material within 48 hours after the order is made.
(3) Subsections 164.1(7) and (8) of the Act are replaced by the following:
Marginal note:Return of material
(7) If the court is not satisfied that the material is illicit material or computer data that makes illicit material available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order made under paragraph (1)(b).
Marginal note:Other provisions to apply
(8) Subsections 164(6) and (7) apply, with any modifications that the circumstances require, to this section.
(4) Section 164.1 of the Act is amended by adding the following after subsection (9):
Marginal note:Definitions
(10) In this section, computer data and computer system have the same meanings as in subsection 342.1(2) and court, illicit material and judge have the same meanings as in subsection 164(8).
20 The Act is amended by adding the following after section 169:
Marginal note:Recruitment — young person
169.1 (1) Every person is guilty of an offence who — being in a position of trust, power or authority towards a young person and knowing that the young person is under 18 years of age or being reckless as to that fact — recruits, counsels, encourages or invites the young person to be a party to an offence under this Act or the Controlled Drugs and Substances Act if the young person is afterwards a party to that offence or an offence related to that offence.
Marginal note:Position of trust, power or authority
(2) For the purposes of subsection (1), a person is considered to be in a position of trust, power or authority towards a young person by reason, among others, of being 18 years of age or more.
Marginal note:No defence
(3) It is not a defence to a charge under subsection (1) that the accused believed that the young person was at least 18 years of age unless the accused took reasonable steps to ascertain the age of the young person.
Marginal note:Punishment
(4) Every person who commits an offence under subsection (1) is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) guilty of an offence punishable on summary conviction.
Marginal note:Definition of young person
(5) In this section, young person means a person under the age of 18 years.
21 (1) Subparagraph 171.1(5)(a)(ii) of the Act is replaced by the following:
(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s sexual organs;
(2) Paragraphs 171.1(5)(b) and (c) of the Act are replaced by the following:
(b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity involving a person; or
(c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity involving a person.
(3) Section 171.1 of the Act is amended by adding the following after subsection (5):
Marginal note:For greater certainty
(6) For greater certainty, a reference to sexual activity in subsection (5) includes a reference to an act of bestiality, as defined in subsection 160(7).
22 Paragraph 172.1(1)(a) of the Act is replaced by the following:
(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or the commission of an offence with respect to that person under section 346 of a sexual nature or for a sexual purpose;
23 (1) The portion of subsection 173(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exposure
(2) Every person who, in any place, for a sexual purpose, exposes their sexual organs to a person who is under the age of 16 years
(2) Paragraph 173(2)(a) of the Act is amended by replacing “a term of not more than two years” with “a term of not more than 10 years”.
(3) Paragraph 173(2)(b) of the Act is amended by replacing “a term of not more than six months” with “a term of not more than two years less a day”.
24 (1) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxvii):
(xxvii.01) subsection 160(3.1) (representation of bestiality),
(2) Subparagraph (a)(xxvii.2) of the definition offence in section 183 of the Act is replaced by the following:
(xxvii.2) subsection 162.1(1) (intimate image — publication, etc.),
(xxvii.3) subsection 162.1(1.1) (intimate image — threat to publish, etc.),
(3) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxix):
(xxix.01) section 169.1 (recruitment — young person),
(4) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.2):
(xxxix.3) section 264 (criminal harassment),
(5) Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (xxxix.3):
(xxxix.4) section 264.01 (coercion or control of intimate partner),
25 Subsection 231(6) of the Act is replaced by the following:
Marginal note:Femicide, including of intimate partner, and other aggravated circumstances
(5.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person
(a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner;
(b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04;
(c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or
(d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
Marginal note:Criminal harassment
(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 (criminal harassment) with intent to cause the victim to believe that the victim’s physical or psychological safety, or the physical or psychological safety of anyone known to the victim, is threatened.
26 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following:
Marginal note:Femicide, including of intimate partner, and other aggravated circumstances
(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter
(a) while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened, in the case where the victim is that person’s intimate partner;
(b) while exercising control, direction or influence over the movements of the victim with intent to exploit the victim, within the meaning of section 279.04;
(c) while committing or attempting to commit an offence of a sexual nature or an offence for a sexual purpose; or
(d) while motivated by hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.
27 (1) Subsection 264(1) of the Act is replaced by the following:
Marginal note:Criminal harassment
264 (1) Everyone commits an offence who, with intent to harass another person or knowing that, or being reckless as to whether, they would be harassing another person, engages without lawful authority in conduct referred to in subsection (2) if, in all the circumstances, the conduct could reasonably be expected to cause that other person to believe that the other person’s safety, or the safety of anyone known to the other person, is threatened.
(2) The portion of subsection 264(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Prohibited conduct
(2) The conduct mentioned in subsection (1) consists of doing any of the following in person, by a means of telecommunication or by any other means:
(3) Subsection 264(2) of the Act is amended by adding the following after paragraph (a):
(a.1) monitoring the location, movements, actions or social interactions of the other person or of anyone known to them;
(4) Paragraph 264(2)(d) of the Act is replaced by the following:
(d) engaging in threatening conduct directed at the other person or at anyone or any animal known to them.
(5) Subsection 264(3) of the English version of the Act is replaced by the following:
Marginal note:Punishment
(3) Every person who commits an offence under this section is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) guilty of an offence punishable on summary conviction.
(6) Paragraph 264(4)(a) of the Act is replaced by the following:
(a) the terms or conditions of an order made under section 161 or a recognizance entered into under section 810, 810.03, 810.1 or 810.2; or
(7) Section 264 of the Act is amended by adding the following after subsection (5):
Marginal note:For greater certainty
(6) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
28 The Act is amended by adding the following after section 264:
Marginal note:Coercion or control of intimate partner
264.01 (1) Everyone commits an offence who engages in a pattern of coercive or controlling conduct referred to in subsection (2), with intent to cause their intimate partner to believe that the intimate partner’s safety is threatened or knowing that, or being reckless as to whether, the pattern of coercive or controlling conduct would cause their intimate partner to believe that the intimate partner’s safety is threatened.
Marginal note:Pattern of coercive or controlling conduct
(2) A pattern of coercive or controlling conduct consists of any combination, or repeated instances, of any of the following acts:
(a) using, attempting to use or threatening to use violence against
(i) the intimate partner,
(ii) any person under the age of 18 who is the intimate partner’s child or who is in the intimate partner’s lawful care or charge,
(iii) any other person known to the intimate partner, or
(iv) any animal that is known to the intimate partner;
(b) coercing or attempting to coerce the intimate partner to engage in sexual activity;
(c) engaging in any other conduct — including conduct listed in any of the following subparagraphs — if, in all the circumstances, the conduct could reasonably be expected to cause the intimate partner to believe that the intimate partner’s safety, or the safety of anyone known to them, is threatened:
(i) controlling, attempting to control or monitoring the intimate partner’s location, movements, actions or social interactions, including by a means of telecommunication,
(ii) controlling or attempting to control the manner in which the intimate partner cares for any person under the age of 18 referred to in subparagraph (a)(ii) or any animal referred to in subparagraph (a)(iv),
(iii) controlling or attempting to control any matter related to the intimate partner’s employment or education,
(iv) controlling or attempting to control the intimate partner’s finances or other property or monitoring their finances,
(v) controlling or attempting to control the intimate partner’s expression of gender, physical appearance, manner of dress, diet, taking of medication or access to health services or to medication,
(vi) controlling or attempting to control the intimate partner’s expression of their thoughts, their opinions, their religious, spiritual or other beliefs, or their culture, including the intimate partner’s use of their language or their access to their linguistic, religious, spiritual or cultural community,
(vii) threatening to die by suicide or to self-harm, or
(viii) damaging, or threatening or attempting to damage, the intimate partner’s property or the property of anyone known to them.
Marginal note:Circumstances
(3) The circumstances referred to in paragraph (2)(c) include the nature of the relationship between the accused and the intimate partner, in particular whether the intimate partner is in a position of vulnerability in relation to the accused and whether the accused manipulated the intimate partner by targeting their vulnerabilities.
Marginal note:Punishment
(4) Everyone who commits an offence under this section is
(a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) guilty of an offence punishable on summary conviction.
Marginal note:For greater certainty
(5) For the purposes of this section, and for greater certainty, a person’s safety includes their psychological safety.
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