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)
82 (1) Subsection 810.1(1) of the Act is replaced by the following:
Marginal note:Fear of sexual offence
810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 18 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
(2) Subsection 810.1(3.01) of the Act is replaced by the following:
Marginal note:Duration extended
(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 18 years, the judge may order that the defendant enter into the recognizance for a period of not more than two years.
(3) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:
(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 18 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;
(4) Paragraph 810.1(3.02)(b) of the Act is replaced by the following:
(b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;
83 Section 824 of the Act is renumbered as subsection 824(1) and is amended by adding the following:
Marginal note:Considerations
(2) In deciding whether to adjourn the hearing, the appeal 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.
84 Form 16.1 of Part XXVIII of the Act is replaced by the following:
FORM 16.1(Subsections 278.12(5) and 699(7))Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.11(1) of the Criminal Code
Canada,
Province of 
,
(territorial division).
To E.F., of , (occupation);
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);
This is therefore to command you to attend before (set out court or justice), on the day of A.D. , at o’clock in the noon at to give evidence concerning the said charge, and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).
TAKE NOTE
You are only required to bring the things specified above to the court on the date and at the time indicated, and you are not required to provide the things specified to any person or to discuss their contents with any person unless and until ordered by the court to do so.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, it may be subject to a determination by the court in accordance with sections 278.1 to 278.19 of the Criminal Code as to whether and to what extent it should be produced.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.19 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record or therapeutic record made under section 278.12 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record or therapeutic record.
If anything specified above is a record or therapeutic record, as those terms are defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.19 of the Criminal Code, you are not required to bring it with you until a determination is made in accordance with those sections as to whether and to what extent it should be produced.
As defined in section 278.1 of the Criminal Code, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the offence.
As defined in section 278.1 of the Criminal Code, therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling.
Dated this day of A.D. , at .
Judge, Clerk of the Court, Provincial Court Judge or Justice
(Seal, if required)
85 Form 23 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 23” with the following:
86 (1) Paragraphs (e.2) to (f.1) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:
(e.2) abstains 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 (section 810.03 of the Criminal Code);
(f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge or justice (sections 810.01, 810.03 and 810.2 of the Criminal Code);
(f.1) 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 (section 810.03 of the Criminal Code);
(2) Paragraph (j) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
(j) abstains from any contact — including communicating by any means — with a person under the age of 18 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);
(3) Paragraph (l) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
(l) abstains from attending a public park or public swimming area where persons under the age of 18 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.1 of the Criminal Code);
Minimum Punishments
Marginal note:Existing minimum punishments
87 For greater certainty, following the enactment of section 718.4 of the Criminal Code, the operation of the minimum punishments that are set out in that Act or in any other Act of Parliament is affirmed.
Consequential Amendments
R.S., c. E-15Excise Tax Act
88 Clause 295(5.04)(a)(i)(D) of the Excise Tax Act is replaced by the following:
(D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code,
R.S., c. 1 (5th Supp.)Income Tax Act
89 Clause 241(9.5)(a)(i)(D) of the Income Tax Act is replaced by the following:
(D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code,
1992, c. 20Corrections and Conditional Release Act
90 Section 1 of Schedule I to the Corrections and Conditional Release Act is amended by adding the following after paragraph (s.3):
(s.31) section 264.01 (coercion or control of intimate partner);
1995, c. 39Firearms Act
91 Subparagraph 5(2)(a)(iii) of the Firearms Act is replaced by the following:
(iii) an offence under section 264 (criminal harassment) or 264.01 (coercion or control of intimate partner) of the Criminal Code,
1996, c. 19Controlled Drugs and Substances Act
92 Section 10.3 of the Controlled Drugs and Substances Act is replaced by the following:
Marginal note:Prosecution — limits
10.3 A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the prosecutor is of the opinion that the use of a warning or referral under section 10.2, or of alternative measures as defined in section 715.44 of the Criminal Code, is not appropriate, and a prosecution is appropriate in the circumstances.
2002, c. 22Excise Act, 2001
93 Clause 211(6.4)(a)(i)(D) of the Excise Act, 2001 is replaced by the following:
(D) sections 144, 264, 264.01, 271, 279, 279.02, 281 and 333.1, paragraphs 334(a) and 348(1)(e) and sections 349, 435 and 462.31 of the Criminal Code,
Terminology Changes
Marginal note:Replacement — references to section 152 of Criminal Code
94 Every reference to “sexual touching” is replaced by a reference to “sexual touching or exposure” in the following provisions:
(a) in the Criminal Code,
(i) subparagraph (a)(i.2) of the definition primary designated offence in section 487.04,
(ii) subparagraph 487.055(3)(a)(ii),
(iii) subparagraph (a)(iii) of the definition primary offence in subsection 490.011(1), and
(iv) subparagraph (a)(ii) of the definition primary designated offence in section 752;
(b) in subparagraph 1(a)(ii) in Schedule 1 to the Criminal Records Act;
(c) in the Corrections and Conditional Release Act,
(i) subparagraph (a)(ii) of the definition sexual offence involving a child in subsection 129(9), and
(ii) paragraph 1(f) in Schedule I; and
(d) in paragraph 1(d) in the schedule to the Youth Criminal Justice Act.
Marginal note:Replacement — references to section 153.1 of Criminal Code
95 In the following provisions, the references to “exploitation d’une personne handicapée à des fins sexuelles”, “personne en situation d’autorité par rapport à une personne ayant une déficience” and “personnes en situation d’autorité” are replaced by “exploitation sexuelle d’une personne handicapée”:
(a) in the French version of the Criminal Code:
(i) subparagraph (a)(v) of the definition infraction primaire in subsection 490.011(1), and
(ii) subparagraph (b)(v) of the definition infraction désignée in section 752;
(b) in the French version of the Criminal Records Act:
(i) subparagraph 2(a)(i) of Schedule 1, and
(ii) subparagraph 1(a)(i) of Schedule 2; and
(c) paragraph 1(g.1) of Schedule I to the French version of the Corrections and Conditional Release Act.
Transitional Provisions
Marginal note:Definitions
96 The following definitions apply in sections 97 to 118.
- Act
Act means the Criminal Code. (Loi)
- commencement day
commencement day means the 30th day after the day on which this Act receives royal assent. (date de référence)
Marginal note:Offence in relation to sexual offences against children
97 For greater certainty, subsection 7(4.1) of the Act, as enacted by section 3, applies only with respect to an act or omission that is committed on or after the commencement day.
Marginal note:Sentencing for manslaughter
98 Subsection 236(2) of the Act applies only with respect to an offence that is committed on or after the commencement day.
Marginal note:Factors to be considered — criminal harassment
99 For greater certainty, paragraph 264(4)(a) of the Act, as enacted by subsection 27(6), applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Production and admissibility
100 Subsections 276(1) and (2) of the Act, as amended by section 31, sections 276.01 to 276.13 of the Act, as enacted by section 32, and sections 278.1 to 278.38 of the Act, as enacted by section 34, apply only to an offence in respect of which a charge is laid on or after the commencement day.
Marginal note:Aggravating factor — extortion
101 For greater certainty, subsection 346(1.4) of the Act applies with respect to any matter or proceeding that is ongoing on the commencement day.
Marginal note:Testimonial aids
102 For greater certainty, sections 486.1, 486.2 and 486.3 of the Act, as amended by sections 38, 39 and 40, respectively, apply with respect to any matter or proceeding that is ongoing on commencement day.
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