Criminal Code

Marginal note:Offences committed on aircraft

• 7 (1) Notwithstanding anything in this Act or any other Act, every one who

  • (a) on or in respect of an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,

    while the aircraft is in flight, or

  • (b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,

  commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

• Marginal note:Idem

  (2) Notwithstanding this Act or any other Act, every one who

  • (a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),

  • (b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),

  • (c) in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),

  • (d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or

  • (e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,

  shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.

• Marginal note:Offences in relation to cultural property

  (2.01) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322, 341, 344, 380, 430 or 434 in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if the person

  • (a) is a Canadian citizen;

  • (b) is not a citizen of any state and ordinarily resides in Canada; or

  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.

• Definition of Convention

  (2.02) For the purpose of subsection (2.01), Convention means the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954. Article 1 of the Convention is set out in the schedule to the Cultural Property Export and Import Act.

• Marginal note:Offences against fixed platforms or international maritime navigation

  (2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed

  • (a) against or on board a fixed platform attached to the continental shelf of Canada;

  • (b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (c) by a Canadian citizen;

  • (d) by a person who is not a citizen of any state and who ordinarily resides in Canada;

  • (e) by a person who is, after the commission of the offence, present in Canada;

  • (f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or

  • (g) in an attempt to compel the Government of Canada to do or refrain from doing any act.

• Marginal note:Offences against fixed platforms or navigation in the internal waters or territorial sea of another state

  (2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada

  • (a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and

  • (b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is

    • (i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or

    • (ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.

• Marginal note:Space Station — Canadian crew members

  (2.3) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed

  • (a) on, or in relation to, a flight element of the Space Station; or

  • (b) on any means of transportation to or from the Space Station.

• Marginal note:Space Station — crew members of Partner States

  (2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission

  • (a) threatens the life or security of a Canadian crew member; or

  • (b) is committed on or in relation to, or damages, a flight element provided by Canada.

• Marginal note:Proceedings by Attorney General of Canada

  (2.32) Despite the definition Attorney General in section 2, the Attorney General of Canada may conduct proceedings in relation to an offence referred to in subsection (2.3) or (2.31). For that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.

• Marginal note:Consent of Attorney General of Canada

  (2.33) No proceedings in relation to an offence referred to in subsection (2.3) or (2.31) may be instituted without the consent of the Attorney General of Canada.

• Marginal note:Definitions

  (2.34) The definitions in this subsection apply in this subsection and in subsections (2.3) and (2.31).

  Agreement

  Accord

  Agreement has the same meaning as in section 2 of the Civil International Space Station Agreement Implementation Act. (Accord)

  Canadian crew member

  membre d’équipage canadien

  Canadian crew member means a crew member of the Space Station who is

  • (a) a Canadian citizen; or

  • (b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage canadien)

  crew member of a Partner State

  membre d’équipage d’un État partenaire

  crew member of a Partner State means a crew member of the Space Station who is

  • (a) a citizen of a Partner State; or

  • (b) a citizen of a state, other than that Partner State, who is authorized by that Partner State to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage d’un État partenaire)

  flight element

  élément de vol

  flight element means a Space Station element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or other implementing arrangement entered into to carry out the Agreement. (élément de vol)

  Partner State

  État partenaire

  Partner State means a State, other than Canada, who contracted to enter into the Agreement and for which the Agreement has entered into force in accordance with article 25 of the Agreement. (État partenaire)

  space flight

  vol spatial

  space flight means the period that begins with the launching of a crew member of the Space Station, continues during their stay in orbit and ends with their landing on earth. (vol spatial)

  Space Station

  station spatiale

  Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, the Partner States. (station spatiale)

• Marginal note:Offence against internationally protected person

  (3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or

  • (d) the act or omission is against

    • (i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or

    • (ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition internationally protected person in section 2.

• Marginal note:Offence of hostage taking

  (3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;

  • (e) a person taken hostage by the act or omission is a Canadian citizen; or

  • (f) the person who commits the act or omission is, after the commission thereof, present in Canada.

• Marginal note:Offences involving nuclear material

  (3.2) Notwithstanding anything in this Act or any other Act, where

  • (a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby

    • (i) causes or is likely to cause the death of, or serious bodily harm to, any person, or

    • (ii) causes or is likely to cause serious damage to, or destruction of, property, and

  • (b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act,

  that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute

  • (a) a conspiracy or an attempt to commit,

  • (b) being an accessory after the fact in relation to, or

  • (c) counselling in relation to,

  an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,

  • (a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,

  • (b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,

  • (c) section 423 in relation to a demand for nuclear material, or

  • (d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material

  shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.

• Marginal note:Idem

  (3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or

  • (c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.

• Definition of nuclear material

  (3.6) For the purposes of this section, nuclear material means

  • (a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,

  • (b) uranium-233,

  • (c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72 per cent,

  • (d) uranium with an isotopic concentration equal to that occurring in nature, and

  • (e) any substance containing anything described in paragraphs (a) to (d),

  but does not include uranium in the form of ore or ore-residue.

• Marginal note:Jurisdiction

  (3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission is a Canadian citizen;

  • (d) the complainant is a Canadian citizen; or

  • (e) the person who commits the act or omission is, after the commission thereof, present in Canada.

• Marginal note:Offence against United Nations or associated personnel

  (3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

  • (e) the act or omission is committed against a Canadian citizen; or

  • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

• Marginal note:Offence involving explosive or other lethal device

  (3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act,

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations, or

    • (iii) operated for or on behalf of the Government of Canada;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

  • (e) the act or omission is committed against a Canadian citizen;

  • (f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or

  • (g) the act or omission is committed against a Canadian government or public facility located outside Canada.

• Marginal note:Offence relating to financing of terrorism

  (3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 is deemed to commit the act or omission in Canada if

  • (a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;

  • (b) the act or omission is committed on an aircraft

    • (i) registered in Canada under regulations made under the Aeronautics Act, or

    • (ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;

  • (c) the person who commits the act or omission

    • (i) is a Canadian citizen, or

    • (ii) is not a citizen of any state and ordinarily resides in Canada;

  • (d) the person who commits the act or omission is, after its commission, present in Canada;

  • (e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;

  • (f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) against a Canadian government or public facility located outside Canada; or

  • (g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) or (b) in Canada or against a Canadian citizen.

• Marginal note:Terrorism offence committed outside Canada

  (3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 or an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person

  • (a) is a Canadian citizen;

  • (b) is not a citizen of any state and ordinarily resides in Canada; or

  • (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is, after the commission of the act or omission, present in Canada.

• Marginal note:Terrorist activity committed outside Canada

  (3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) is deemed to commit that act or omission in Canada if

  • (a) the act or omission is committed against a Canadian citizen;

  • (b) the act or omission is committed against a Canadian government or public facility located outside Canada; or

  • (c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

• (3.76) and (3.77) [Repealed, 2000, c. 24, s. 42]

• Marginal note:Offences by Public Service employees

  (4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.

• Marginal note:Offence in relation to sexual offences against children

  (4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Offence in relation to trafficking in persons

  (4.11) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.01, 279.011, 279.02 or 279.03 shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

• (4.2) [Repealed, 2002, c. 13, s. 3]

• Marginal note:Consent of Attorney General

  (4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) may only be instituted with the consent of the Attorney General.

• Marginal note:Jurisdiction

  (5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (5.1) For greater certainty, the provisions of this Act relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exceptions to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (5).

• Marginal note:Where previously tried outside Canada

  (6) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, he would be able to plead autrefois acquit, autrefois convict or pardon, that person shall be deemed to have been so tried and dealt with in Canada.

• Marginal note:If accused not Canadian citizen

  (7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

• Definition of flight and in flight

  (8) For the purposes of this section, of the definition peace officer in section 2 and of sections 27.1, 76 and 77, flight means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of

  • (a) the time at which any such door is opened for the purpose of disembarkation, and

  • (b) where the aircraft makes a forced landing in circumstances in which the owner or operator thereof or a person acting on behalf of either of them is not in control of the aircraft, the time at which control of the aircraft is restored to the owner or operator thereof or a person acting on behalf of either of them.

• Definition of in service

  (9) For the purposes of this section and section 77, an aircraft shall be deemed to be in service from the time when pre-flight preparation of the aircraft by ground personnel or the crew thereof begins for a specific flight until

  • (a) the flight is cancelled before the aircraft is in flight,

  • (b) twenty-four hours after the aircraft, having commenced the flight, lands, or

  • (c) the aircraft, having commenced the flight, ceases to be in flight,

  whichever is the latest.

• Marginal note:Certificate as evidence

  (10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.

• Marginal note:Idem

  (11) A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating

  • (a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,

  • (b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or

  • (c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,

  is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.