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)
60 The definition alternative measures in section 716 of the Act is repealed.
61 The heading before section 717 and sections 717 to 717.4 of the Act are repealed.
62 Subparagraph 718.2(a)(ii.2) of the Act is replaced by the following:
(ii.2) evidence that the offender counselled or otherwise involved a person under the age of 18 years in the commission of the offence,
63 The Act is amended by adding the following after section 718.3:
Marginal note:Shorter term of imprisonment than minimum punishment
718.4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender.
Marginal note:Exception — imprisonment for life
(2) Subsection (1) does not apply with respect to an offence for which the minimum punishment is imprisonment for life.
Marginal note:For greater certainty
(3) For greater certainty, subsection (1) does not affect the operation of section 320.23.
Marginal note:Reasons
(4) A court that imposes a shorter term of imprisonment under subsection (1) shall include in the record a statement of its reasons for doing so.
Marginal note:Minimum punishment
(5) For the purposes of this Part, the shorter term of imprisonment imposed under subsection (1) is a minimum term of imprisonment.
64 Subsection 720(2) of the Act is replaced by the following:
Marginal note:Court-supervised programs
(2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to participate in, under the supervision of the court,
(a) a treatment program approved by the province, such as an addiction treatment program or a domestic violence counselling program; or
(b) a restorative justice process, as defined in section 715.44, approved by the province.
65 Paragraph 721(3)(c) of the Act is replaced by the following:
(c) the history of any alternative measure or restorative justice process, as those terms are defined in section 715.44, that is used to deal with the offender, and the offender’s response to those measures; and
66 (1) Paragraph 722(5)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the victim’s choice or a support animal;
(2) Subsection 722(7) of the Act is replaced by the following:
Marginal note:Conditions of exclusion
(7) The victim shall not present the statement outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation.
67 (1) Section 722.2 of the Act is amended by adding the following after subsection (1):
Marginal note:Inquiry by court
(1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
Marginal note:Adjournment
(1.2) On application of the prosecutor or the community or on its own motion, the court may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court is satisfied that the adjournment would not interfere with the proper administration of justice.
(2) Paragraph 722.2(3)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal;
(3) Subsection 722.2(4) of the Act is replaced by the following:
Marginal note:Conditions of exclusion
(4) The individual making the statement shall not present it outside the court room unless arrangements are made for the offender and the judge or justice to watch the presentation by means of closed-circuit television or videoconference and the offender is permitted to communicate with counsel while watching the presentation.
(4) Section 722.2 of the Act is amended by adding the following after subsection (5):
Marginal note:Evidence concerning community admissible
(6) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.
68 The Act is amended by adding the following after section 726.2:
Marginal note:Endorsement — intimate partner violence
726.21 If a court determines that an offender is guilty of an offence in the commission of which violence is used, threatened or attempted against the offender’s intimate partner, the court shall endorse that fact on the information or indictment and, in the absence of evidence to the contrary, the endorsement is proof of that fact.
69 The Act is amended by adding the following after section 729.1:
Order Prohibiting Contact
Marginal note:Order prohibiting contact
729.2 (1) When an offender is convicted, or is discharged under section 730 on the conditions prescribed in a probation order, of an offence that is of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the court that imposes a sentence on the offender or directs the discharge may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court considers necessary.
Marginal note:Duration of prohibition
(2) The prohibition may be for life or for any shorter duration that the court considers desirable.
Marginal note:Variation of order
(3) A court of competent jurisdiction may, on application of the person identified in the order or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, the court may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed.
Marginal note:Court of competent jurisdiction
(4) The application shall be made to
(a) if an order was made under subsection (1), the court that made the order or, if that court is for any reason unable to act, another court of equivalent jurisdiction in the same province; or
(b) if an order was made under subsection 203.73(1) of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.73(4) of that Act, a superior court of criminal jurisdiction.
Marginal note:Failure to comply with order
(5) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) guilty of an offence punishable on summary conviction.
70 Paragraph 738(1)(c) of the Act is replaced by the following:
(c) in the case of bodily or psychological harm or threat of such harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount of not more than the actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
71 The Act is amended by adding the following after section 740:
Marginal note:Deemed restitution order
740.1 If an order referred to in section 732.1 or 742.3 contains a requirement for payment and the order terminates before all required payments are made, the portion of the order that relates to that requirement is deemed to continue as a restitution order made under section 738 or 739, as the case may be. The restitution order remains in force until all the required payments are made.
72 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and
73 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following:
Marginal note:Persons under 18
745.1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served
(2) Paragraph 745.1(c) of the Act is replaced by the following:
(c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d) and who was 16 or 17 years of age at the time of the commission of the offence.
74 The Act is amended by adding the following after section 745.51:
Marginal note:Manslaughter in certain circumstances
745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in any of paragraphs 236(2)(a) to (d), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances,
(a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or
(b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a).
Marginal note:Considerations
(2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender.
75 The portion of section 746 of the Act before paragraph (a) is replaced by the following:
Marginal note:Time spent in custody
746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between
76 Paragraphs (a) and (b) of the definition serious personal injury offence in section 752 of the Act are replaced by the following:
(a) an indictable offence, other than high treason, treason, first degree or second degree murder, for which the offender may be sentenced to imprisonment for 10 years or more and involving any of the following in respect of another person, including the offender’s intimate partner, a member of the intimate partner’s family and a member of the offender’s family:
(i) the use or attempted use of violence against the other person, or
(ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or
(b) an offence or attempt to commit an offence mentioned in section 151 (sexual interference), 152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 171.1 (making sexually explicit material available to child), 172.1 (luring a child), 172.2 (agreement or arrangement — sexual offence against child), 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault). (sévices graves à la personne)
77 Section 752.01 of the Act is replaced by the following:
Marginal note:Prosecutor’s duty to advise court
752.01 The prosecutor shall advise the court, as soon as feasible after the finding of guilt and in any event before sentence is imposed, whether the prosecutor intends to make an application under subsection 752.1(1), if the prosecutor is of the opinion that an offence for which an offender is found guilty is a serious personal injury offence and that
(a) the offence is a designated offence and the offender was convicted previously at least twice of a designated offence and was sentenced to at least two years of imprisonment for each of those previous convictions; or
(b) the offender committed the offence against their intimate partner, a member of their family or a member of their intimate partner’s family, and the offender was convicted previously at least twice of an offence that was committed against any such person and that was a designated offence or serious personal injury offence.
78 Paragraph 753.1(2)(a) of the Act is amended by replacing “152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation material), section 170” with “152 (invitation to sexual touching or exposure), 153 (sexual exploitation), 153.1 (sexual exploitation of person with disability), 163.1 (child sexual abuse and exploitation material), 170”.
79 Section 803 of the Act is amended by adding the following after subsection (1):
Marginal note:Considerations
(1.1) In deciding whether to adjourn the trial under subsection (1), the summary conviction court shall consider the interests of justice, including the interests of any victim of the offence in question if information related to the victim’s interests is readily available.
80 Paragraph 810(1)(b) of the French version of the Act is replaced by the following:
b) soit ne commette une infraction prévue à l’article 162.1.
81 (1) Subsections 810.03(1) to (5) of the Act are replaced by the following:
Marginal note:Fear of domestic violence
810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information before a justice.
Marginal note:Appearances
(2) The justice who receives an information under subsection (1) may cause the parties to appear before a justice.
Marginal note:Recognizance order
(3) If the justice before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the justice may order the defendant to enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.
Marginal note:Duration extended
(4) However, if the justice is also satisfied that the defendant was previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of the defendant or any child of any intimate partner or of the defendant, the justice may order the defendant to enter into the recognizance for a period of not more than two years.
Marginal note:Indigenous support services
(4.1) If the defendant or the person on whose behalf the information is laid is Indigenous, the justice shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.
Marginal note:Refusal to enter into recognizance
(5) The justice may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.
(2) The portion of subsection 810.03(6) of the Act before paragraph (d) is replaced by the following:
Marginal note:Conditions in recognizance
(6) The justice may add any reasonable conditions to the recognizance that the justice considers desirable to ensure the good conduct of the defendant or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including conditions requiring the defendant
(a) to attend a treatment program, such as an addiction treatment program or a domestic violence counselling program;
(b) to remain within a specified geographic area unless written permission to leave that area is obtained from the justice;
(c) to refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the justice considers necessary;
(3) Paragraph 810.03(6)(e) of the Act is replaced by the following:
(e) to abstain from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the justice considers necessary;
(4) Subsection 810.03(7) of the Act is replaced by the following:
Marginal note:Conditions — firearms
(7) The justice shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the justice decides that it is desirable to do so, the justice shall add that condition to the recognizance and specify the period during which the condition applies.
(5) Subsection 810.03(8) of the English version of the Act is replaced by the following:
Marginal note:Surrender, etc.
(8) If the justice adds a condition described in subsection (7) to a recognizance, the justice shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates held by the defendant shall be surrendered.
(6) Subsections 810.03(9) to (11) of the Act are replaced by the following:
Marginal note:Reasons
(9) If the justice does not add a condition described in subsection (7) to a recognizance, the justice shall include in the record a statement of the reasons for not adding the condition.
Marginal note:Variance of conditions
(10) A justice may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in the recognizance.
Marginal note:Consideration of safety and security needs
(11) If the defendant makes an application under subsection (10), the justice shall, before varying any conditions, consider the safety and security needs of the person on whose behalf the information is laid.
(7) Section 810.03 is amended by adding the following after subsection (12):
Marginal note:Provisions of this Part to apply
(13) The provisions of this Part apply, with any modifications that the circumstances require, to proceedings under this section.
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