Criminal Code (R.S.C., 1985, c. C-46)

Offences against Air or Maritime Safety

Marginal note:Hijacking

76 Every one who, unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of an aircraft with intent

• (a) to cause any person on board the aircraft to be confined or imprisoned against his will,

• (b) to cause any person on board the aircraft to be transported against his will to any place other than the next scheduled place of landing of the aircraft,

• (c) to hold any person on board the aircraft for ransom or to service against his will, or

• (d) to cause the aircraft to deviate in a material respect from its flight plan,

is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Endangering safety of aircraft or airport

77 Every one who

• (a) on board an aircraft in flight, commits an act of violence against a person that is likely to endanger the safety of the aircraft,

• (b) using a weapon, commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death and that endangers or is likely to endanger safety at the airport,

• (c) causes damage to an aircraft in service that renders the aircraft incapable of flight or that is likely to endanger the safety of the aircraft in flight,

• (d) places or causes to be placed on board an aircraft in service anything that is likely to cause damage to the aircraft, that will render it incapable of flight or that is likely to endanger the safety of the aircraft in flight,

• (e) causes damage to or interferes with the operation of any air navigation facility where the damage or interference is likely to endanger the safety of an aircraft in flight,

• (f) using a weapon, substance or device, destroys or causes serious damage to the facilities of an airport serving international civil aviation or to any aircraft not in service located there, or causes disruption of services of the airport, that endangers or is likely to endanger safety at the airport, or

• (g) endangers the safety of an aircraft in flight by communicating to any other person any information that the person knows to be false,

is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Offensive weapons and explosive substances

• 78 (1) Every one, other than a peace officer engaged in the execution of his duty, who takes on board a civil aircraft an offensive weapon or any explosive substance

  • (a) without the consent of the owner or operator of the aircraft or of a person duly authorized by either of them to consent thereto, or

  • (b) with the consent referred to in paragraph (a) but without complying with all terms and conditions on which the consent was given,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Definition of civil aircraft

  (2) For the purposes of this section, civil aircraft means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001.

Marginal note:Seizing control of ship or fixed platform

• 78.1 (1) Every one who seizes or exercises control over a ship or fixed platform by force or threat of force or by any other form of intimidation is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Endangering safety of ship or fixed platform

  (2) Every one who

  • (a) commits an act of violence against a person on board a ship or fixed platform,

  • (b) destroys or causes damage to a ship or its cargo or to a fixed platform,

  • (c) destroys or causes serious damage to or interferes with the operation of any maritime navigational facility, or

  • (d) places or causes to be placed on board a ship or fixed platform anything that is likely to cause damage to the ship or its cargo or to the fixed platform,

  where that act is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:False communication

  (3) Every one who communicates information that endangers the safe navigation of a ship, knowing the information to be false, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Threats causing death or injury

  (4) Every one who threatens to commit an offence under paragraph (2)(a), (b) or (c) in order to compel a person to do or refrain from doing any act, where the threat is likely to endanger the safe navigation of a ship or the safety of a fixed platform, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Definitions

  (5) In this section,

  fixed platform

  fixed platform means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes; (plate-forme fixe)

  ship

  ship means every description of vessel not permanently attached to the seabed, other than a warship, a ship being used as a naval auxiliary or for customs or police purposes or a ship that has been withdrawn from navigation or is laid up. (navire)

Dangerous Materials and Devices

Marginal note:Duty of care re explosive

79 Every one who has an explosive substance in his possession or under his care or control is under a legal duty to use reasonable care to prevent bodily harm or death to persons or damage to property by that explosive substance.

Marginal note:Breach of duty

80 Every one who, being under a legal duty within the meaning of section 79, fails without lawful excuse to perform that duty, is guilty of an indictable offence and, if as a result an explosion of an explosive substance occurs that

• (a) causes death or is likely to cause death to any person, is liable to imprisonment for life; or

• (b) causes bodily harm or damage to property or is likely to cause bodily harm or damage to property, is liable to imprisonment for a term not exceeding fourteen years.

Marginal note:Using explosives

• 81 (1) Every one commits an offence who

  • (a) does anything with intent to cause an explosion of an explosive substance that is likely to cause serious bodily harm or death to persons or is likely to cause serious damage to property;

  • (b) with intent to do bodily harm to any person

    • (i) causes an explosive substance to explode,

    • (ii) sends or delivers to a person or causes a person to take or receive an explosive substance or any other dangerous substance or thing, or

    • (iii) places or throws anywhere or at or on a person a corrosive fluid, explosive substance or any other dangerous substance or thing;

  • (c) with intent to destroy or damage property without lawful excuse, places or throws an explosive substance anywhere; or

  • (d) makes or has in his possession or has under his care or control any explosive substance with intent thereby

    • (i) to endanger life or to cause serious damage to property, or

    • (ii) to enable another person to endanger life or to cause serious damage to property.

• Marginal note:Punishment

  (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable

  • (a) for an offence under paragraph (1)(a) or (b), to imprisonment for life; or

  • (b) for an offence under paragraph (1)(c) or (d), to imprisonment for a term not exceeding fourteen years.

Marginal note:Possession of explosive

• 82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

• Marginal note:Possession in association with criminal organization

  (2) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Sentences to be served consecutively

82.1 A sentence imposed on a person for an offence under subsection 82(2) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection 82(2).

Definition of device

82.2 For the purposes of sections 82.3 to 82.5, device means any of the following:

• (a) a nuclear explosive device;

• (b) a device that disperses radioactive material;

• (c) a device that emits ionizing radiation and that is capable of causing death, serious bodily harm or substantial damage to property or the environment.

Marginal note:Possession, etc., of nuclear material, radioactive material or device

82.3 Everyone who, with intent to cause death, serious bodily harm or substantial damage to property or the environment, makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Use or alteration of nuclear material, radioactive material or device

82.4 Everyone who, with intent to compel a person, government or international organization to do or refrain from doing any act, uses or alters nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations, is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Commission of indictable offence to obtain nuclear material, etc.

82.5 Everyone who commits an indictable offence under this or any other Act of Parliament, with intent to obtain nuclear material, radioactive material or a device or to obtain access to a nuclear facility, is guilty of an indictable offence and is liable to imprisonment for life.

Marginal note:Threats

82.6 Everyone who threatens to commit an offence under any of sections 82.3 to 82.5 is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

Marginal note:Armed forces

82.7 For greater certainty, sections 82.3 to 82.6 do not apply to an act that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

Prize Fights

Marginal note:Engaging in prize fight

• 83 (1) Every one who

  • (a) engages as a principal in a prize fight,

  • (b) advises, encourages or promotes a prize fight, or

  • (c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter,

  is guilty of an offence punishable on summary conviction.

• Definition of prize fight

  (2) In this section, prize fight means an encounter or fight with fists, hands or feet between two persons who have met for that purpose by previous arrangement made by or for them, but does not include

  • (a) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport is on the programme of the International Olympic Committee or the International Paralympic Committee and, in the case where the province’s lieutenant governor in council or any other person or body specified by him or her requires it, the contest is held with their permission;

  • (b) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport has been designated by the province’s lieutenant governor in council or by any other person or body specified by him or her and, in the case where the lieutenant governor in council or other specified person or body requires it, the contest is held with their permission;

  • (c) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province with the permission of the province’s lieutenant governor in council or any other person or body specified by him or her; and

  • (d) a boxing contest or mixed martial arts contest held in a province with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province’s legislature for the control of sport within the province.

PART II.1Terrorism

Interpretation

Marginal note:Definitions

• 83.01 (1) The following definitions apply in this Part.

  Canadian

  Canadian means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province. (Canadien)

  entity

  entity means a person, group, trust, partnership or fund or an unincorporated association or organization. (entité)

  listed entity

  listed entity means an entity on a list established by the Governor in Council under section 83.05. (entité inscrite)

  terrorist activity

  terrorist activity means

  • (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:

    • (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,

    • (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,

    • (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,

    • (iv) the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,

    • (v) the offences referred to in subsection 7(2.21) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980, as amended by the Amendment to the Convention on the Physical Protection of Nuclear Material, done at Vienna on July 8, 2005 and the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on September 14, 2005,

    • (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,

    • (vii) the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,

    • (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement 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,

    • (ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and

    • (x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or

  • (b) an act or omission, in or outside Canada,

    • (i) that is committed

      • (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

      • (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

    • (ii) that intentionally

      • (A) causes death or serious bodily harm to a person by the use of violence,

      • (B) endangers a person’s life,

      • (C) causes a serious risk to the health or safety of the public or any segment of the public,

      • (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

      • (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

  and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law. (activité terroriste)

  terrorist group

  terrorist group means

  • (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

  • (b) a listed entity,

  and includes an association of such entities. (groupe terroriste)

• Marginal note:For greater certainty

  (1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition terrorist activity in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.

• Marginal note:For greater certainty

  (1.2) For greater certainty, a suicide bombing is an act that comes within paragraph (a) or (b) of the definition terrorist activity in subsection (1) if it satisfies the criteria of that paragraph.

• Marginal note:Facilitation

  (2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).