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Criminal Code

R.S.C., 1985, c. C-46

An Act respecting the Criminal Law

Short Title

Marginal note:Short title

1  This Act may be cited as the Criminal Code.

  • R.S., c. C-34, s. 1

Interpretation

Marginal note:Definitions

2  In this Act,

Act

Act  includes

  • (a) an Act of Parliament,

  • (b) an Act of the legislature of the former Province of Canada,

  • (c) an Act of the legislature of a province, and

  • (d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada; (loi)

appearance notice

appearance notice  means a notice in Form 9 issued by a peace officer; (citation à comparaître)

associated personnel

associated personnel  means persons who are

  • (a) assigned by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations,

  • (b) engaged by the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency, or

  • (c) deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency,

to carry out activities in support of the fulfilment of the mandate of a United Nations operation; (personnel associé)

Attorney General

Attorney General

  • (a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy or, if those proceedings are referred to in subsection 2.3(1), the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

  • (b) means the Attorney General of Canada and includes his or her lawful deputy with respect to

    • (i) Yukon, the Northwest Territories and Nunavut, or

    • (ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, and

  • (c) means the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act with respect to proceedings in relation to an offence under the Canada Elections Act; (procureur général)

audioconference

audioconference  means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)

bank-note

bank-note  includes any negotiable instrument

  • (a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and

  • (b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada,

intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills; (billet de banque)

bodily harm

bodily harm  means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature; (lésions corporelles)

Canadian Forces

Canadian Forces  means the armed forces of Her Majesty raised by Canada; (Forces canadiennes)

cattle

cattle  means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat; (bétail)

clerk of the court

clerk of the court  includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court; (greffier du tribunal)

common-law partner

common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

complainant

complainant  means the victim of an alleged offence; (plaignant)

counsel

counsel  means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings; (avocat)

count

count  means a charge in an information or indictment; (chef d'accusation)

court of appeal

court of appeal  means, in all provinces, the Court of Appeal. (cour d'appel)

court of criminal jurisdiction

court of criminal jurisdiction  means

  • (a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,

  • (a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

  • (b) a provincial court judge or judge acting under Part XIX, and

  • (c) in the Province of Ontario, the Ontario Court of Justice; (cour de juridiction criminelle)

criminal organization

criminal organization  has the same meaning as in subsection 467.1(1); (organisation criminelle)

criminal organization offence

criminal organization offence  means

  • (a) an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction d'organisation criminelle)

day

day  means the period between six o'clock in the forenoon and nine o'clock in the afternoon of the same day; (jour)

document of title to goods

document of title to goods  includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or receive any goods thereby represented or therein mentioned or referred to; (titre de marchandises)

document of title to lands

document of title to lands  includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar's copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property; (titre de bien-fonds)

dwelling-house

dwelling-house  means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes

  • (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and

  • (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence; (maison d'habitation)

environment

environment  means the components of the Earth and includes

  • (a) air, land and water,

  • (b) all layers of the atmosphere,

  • (c) all organic and inorganic matter and living organisms, and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

every one

every one , person and owner , and similar expressions, include Her Majesty and an organization; (quiconque, individu, personne et propriétaire)

explosive substance

explosive substance  includes

  • (a) anything intended to be used to make an explosive substance,

  • (b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and

  • (c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device; (substance explosive)

feeble-minded person

feeble-minded person [Repealed, 1991, c. 43, s. 9]

firearm

firearm  means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm; (arme à feu)

government or public facility

government or public facility  means a facility or conveyance, whether permanent or temporary, that is used or occupied in connection with their official duties by representatives of a state, members of a government, members of a legislature, members of the judiciary, or officials or employees of a state or of any other public authority or public entity, or by officials or employees of an intergovernmental organization; (installation gouvernementale ou publique)

Her Majesty's Forces

Her Majesty's Forces  means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces; (forces de Sa Majesté)

highway

highway  means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes; (voie publique ou grande route)

indictment

indictment  includes

  • (a) information or a count therein,

  • (b) a plea, replication or other pleading, and

  • (c) any record; (acte d'accusation)

internationally protected person

internationally protected person  means

  • (a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,

  • (b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,

  • (c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or

  • (d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity; (personne jouissant d'une protection internationale)

intimate partner

intimate partner  with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime)

justice

justice  means a justice of the peace or a provincial court judge, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction; (juge de paix)

justice system participant

justice system participant  means

  • (a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council,

  • (b) a person who plays a role in the administration of criminal justice, including

    • (i) the Minister of Public Safety and Emergency Preparedness and a Minister responsible for policing in a province,

    • (ii) a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,

    • (iii) a judge and a justice,

    • (iv) a juror and a person who is summoned as a juror,

    • (v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,

    • (vi) a peace officer within the meaning of any of paragraphs (b), (c), (d), (e) and (g) of the definition peace officer ,

    • (vii) a civilian employee of a police force,

    • (viii) a person employed in the administration of a court,

    • (viii.1) a public officer within the meaning of subsection 25.1(1) and a person acting at the direction of such an officer,

    • (ix) an employee of the Canada Revenue Agency who is involved in the investigation of an offence under an Act of Parliament,

    • (ix.1) an employee of the Canada Border Services Agency who is involved in the investigation of an offence under an Act of Parliament,

    • (x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act, and

    • (xi) an employee and a member of the Parole Board of Canada and of a provincial parole board, and

  • (c) a person who plays a role in respect of proceedings involving

    • (i) security information,

    • (ii) criminal intelligence information,

    • (iii) information that would endanger the safety of any person if it were disclosed,

    • (iv) information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization, or

    • (v) potentially injurious information or sensitive information as those terms are defined in section 38 of the Canada Evidence Act; (personne associée au système judiciaire)

magistrate

magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]

mental disorder

mental disorder  means a disease of the mind; (troubles mentaux)

military

military  shall be construed as relating to all or any of the Canadian Forces; (militaire)

military law

military law  includes all laws, regulations or orders relating to the Canadian Forces; (loi militaire)

motor vehicle

motor vehicle  means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment; (véhicule à moteur)

municipality

municipality  includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose; (municipalité)

newly-born child

newly-born child  means a person under the age of one year; (enfant nouveau-né ou nouveau-né)

night

night  means the period between nine o'clock in the afternoon and six o'clock in the forenoon of the following day; (nuit)

nuclear facility

nuclear facility  means

  • (a) any nuclear reactor, including a reactor installed on a vessel, vehicle, aircraft or space object for use as an energy source in order to propel the vessel, vehicle, aircraft or space object or for any other purpose, and

  • (b) any plant or conveyance used for the production, storage, processing or transport of nuclear material or radioactive material; (installation nucléaire)

nuclear material

nuclear material  means

  • (a) plutonium, except plutonium with an isotopic concentration of plutonium-238 that is greater than 80%,

  • (b) uranium-233,

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

  • (d) uranium with an isotopic concentration equal to that occurring in nature, except uranium in the form of ore or ore-residue, and

  • (e) any substance containing any material described in paragraphs (a) to (d); (matière nucléaire)

offence-related property

offence-related property  means any property, within or outside Canada,

  • (a) by means or in respect of which an indictable offence under this Act or the Corruption of Foreign Public Officials Act is committed,

  • (b) that is used in any manner in connection with the commission of such an offence, or

  • (c) that is intended to be used for committing such an offence; (bien infractionnel)

offender

offender  means a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty or on a finding of guilt; (contrevenant)

offensive weapon

offensive weapon  has the same meaning as weapon ; (arme offensive)

organization

organization  means

  • (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or

  • (b) an association of persons that

    • (i) is created for a common purpose,

    • (ii) has an operational structure, and

    • (iii) holds itself out to the public as an association of persons; (organisation)

peace officer

peace officer  includes

  • (a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace,

  • (b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,

  • (c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,

  • (c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when

    • (i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or

    • (ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation,

  • (d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,

  • (d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,

  • (e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,

  • (f) the pilot in command 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, and

  • (g) officers and non-commissioned members of the Canadian Forces who are

    • (i) appointed for the purposes of section 156 of the National Defence Act, or

    • (ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers; (agent de la paix)

prison

prison  includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody; (prison)

property

property  includes

  • (a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,

  • (b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and

  • (c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person; (biens ou propriété)

prosecutor

prosecutor  means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them; (poursuivant)

provincial court judge

provincial court judge  means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person; (juge de la cour provinciale)

public department

public department  means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada; (ministère public)

public officer

public officer  includes

  • (a) an officer of customs or excise,

  • (b) an officer of the Canadian Forces,

  • (c) an officer of the Royal Canadian Mounted Police, and

  • (d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation; (fonctionnaire public)

public stores

public stores  includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department; (approvisionnements publics)

radioactive material

radioactive material  means any material that emits one or more types of ionizing radiation, such as alpha or beta particles, neutrons and gamma rays, and that is capable of, owing to its radiological or fissile properties, causing death, serious bodily harm or substantial damage to property or the environment; (matière radioactive)

railway equipment

railway equipment  means

  • (a) any machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or

  • (b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use; (matériel ferroviaire)

recognizance

recognizance  means a recognizance in Form 32 entered into before a judge or justice; (engagement)

release order

release order  means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté)

representative

representative , in respect of an organization, means a director, partner, employee, member, agent or contractor of the organization; (agent)

senior officer

senior officer  means a representative who plays an important role in the establishment of an organization's policies or is responsible for managing an important aspect of the organization's activities and, in the case of a body corporate, includes a director, its chief executive officer and its chief financial officer; (cadre supérieur)

serious offence

serious offence  has the same meaning as in subsection 467.1(1); (infraction grave)

steal

steal  means to commit theft; (voler)

street racing

street racing [Repealed, 2018, c. 21, s. 12]

summons

summons  means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.1(1); (sommation)

superior court of criminal jurisdiction

superior court of criminal jurisdiction  means

  • (a) in the Province of Ontario, the Court of Appeal or the Superior Court of Justice,

  • (b) in the Province of Quebec, the Superior Court,

  • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Court of Appeal or the Supreme Court,

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen's Bench,

  • (e) in the Province of Newfoundland and Labrador, Yukon and the Northwest Territories, the Supreme Court, and

  • (f) in Nunavut, the Nunavut Court of Justice; (cour supérieure de juridiction criminelle)

  • (g) and (h)[Repealed, 2015, c. 3, s. 44]

territorial division

territorial division  includes any province, county, union of counties, township, city, town, parish or other judicial division or place to which the context applies; (circonscription territoriale)

terrorism offence

terrorism offence  means

  • (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,

  • (b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

  • (c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

  • (d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c); (infraction de terrorisme)

terrorist activity

terrorist activity  has the same meaning as in subsection 83.01(1); (activité terroriste)

terrorist group

terrorist group  has the same meaning as in subsection 83.01(1); (groupe terroriste)

testamentary instrument

testamentary instrument  includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both; (acte testamentaire)

trustee

trustee  means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol; (fiduciaire)

undertaking

undertaking  means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)

unfit to stand trial

unfit to stand trial  means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to

  • (a) understand the nature or object of the proceedings,

  • (b) understand the possible consequences of the proceedings, or

  • (c) communicate with counsel; (inaptitude à subir son procès)

United Nations operation

United Nations operation  means an operation that is established by the competent organ of the United Nations in accordance with the Charter of the United Nations and is conducted under United Nations authority and control, if the operation is for the purpose of maintaining or restoring international peace and security or if the Security Council or the General Assembly of the United Nations has declared, for the purposes of the Convention on the Safety of United Nations and Associated Personnel, that there exists an exceptional risk to the safety of the personnel participating in the operation. It does not include an operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies; (opération des Nations Unies)

United Nations personnel

United Nations personnel  means

  • (a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or

  • (b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted; (personnel des Nations Unies)

valuable mineral

valuable mineral  means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals; (minéraux précieux)

valuable security

valuable security  includes

  • (a) an order, exchequer acquittance or other security that entitles or evidences the title of any person

    • (i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or

    • (ii) to a deposit in a financial institution,

  • (b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money,

  • (c) a document of title to lands or goods wherever situated,

  • (d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and

  • (e) a release, receipt, discharge or other instrument evidencing payment of money; (valeur ou effet appréciable)

victim

victim  means a person against whom an offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of the offence and includes, for the purposes of sections 672.5, 722 and 745.63, a person who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence against any other person. (victime)

videoconference

videoconference  means any means of telecommunication that allows the judge, justice or chairperson of a Review Board , as defined in subsection 672.1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)

weapon

weapon  means any thing used, designed to be used or intended for use

  • (a) in causing death or injury to any person, or

  • (b) for the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will; (arme)

wreck

wreck  includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada; (épave)

writing

writing  includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed. (écrit)

  • R.S., 1985, c. C-46, s. 2
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2
  • 1990, c. 17, s. 7
  • 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9
  • 1992, c. 20, s. 216, c. 51, s. 32
  • 1993, c. 28, s. 78, c. 34, s. 59
  • 1994, c. 44, s. 2
  • 1995, c. 29, ss. 39, 40, c. 39, s. 138
  • 1997, c. 23, s. 1
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155
  • 2000, c. 12, s. 91, c. 25, s. 1(F)
  • 2001, c. 32, s. 1, c. 41, ss. 2, 131
  • 2002, c. 7, s. 137, c. 22, s. 324
  • 2003, c. 21, s. 1
  • 2004, c. 3, s. 1
  • 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7
  • 2006, c. 14, s. 1
  • 2007, c. 13, s. 1
  • 2012, c.1, s. 160, c. 19, s. 371
  • 2013, c. 13, s. 2
  • 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2
  • 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15
  • 2018, c. 21, s. 12
  • 2019, c. 13, s. 140
  • 2019, c. 25, s. 1

Marginal note:Further definitions — firearms

2.1  In this Act, ammunition , antique firearm , automatic firearm , cartridge magazine , cross-bow , handgun , imitation firearm , prohibited ammunition , prohibited device , prohibited firearm , prohibited weapon , replica firearm , restricted firearm and restricted weapon , as well as authorization , licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

  • 2009, c. 22, s. 1

Marginal note:Acting on victim's behalf

  • 2.2 (1) For the purposes of sections 606, 672.5, 715.37, 722, 737.1 and 745.63, any of the following individuals may act on the victim's behalf if the victim is dead or incapable of acting on their own behalf:

    • (a) the victim's spouse, or if the victim is dead, their spouse at the time of death;

    • (b) the victim's common-law partner, or if the victim is dead, their common-law partner at the time of death;

    • (c) a relative or dependant of the victim;

    • (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and

    • (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.

  • Marginal note:Exception

    (2) An individual is not entitled to act on a victim's behalf if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not criminally responsible on account of mental disorder or unfit to stand trial in respect of that offence.

  • 2015, c. 13, s. 4
  • 2018, c. 12, s. 403

Marginal note:Concurrent jurisdiction

  • 2.3 (1) The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are

    • (a) proceedings in relation to an offence under subsection 7(2.01), (2.3) or (2.31) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

    • (b) proceedings in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.1, 271 to 273, 279 or 279.1;

    • (c) proceedings in relation to an offence referred to in subsection 7(3.71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.1) to (2.21), (3), (3.1), (3.72) and (3.73) to have been committed in Canada;

    • (d) proceedings in relation to an offence if the act or omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada;

    • (e) a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.01 or 810.011, if he or she has given consent to the information referred to in those sections; and

    • (f) proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3.

  • Marginal note:For greater certainty — Attorney General of Canada

    (2) For greater certainty, the Attorney General of Canada or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct

    • (a) a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;

    • (b) a proceeding in relation to a criminal organization offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding;

    • (c) a proceeding in relation to an offence referred to in section 354, 355.2, 355.4 or 462.31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence;

    • (d) a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her;

    • (e) a proceeding for the failure to comply with any condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and

    • (f) any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.

  • Marginal note:For greater certainty — Director of Public Prosecutions

    (3) For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2).

  • 2019, c. 25, s. 2
  • 2019, c. 25, s. 404
  • 2020, c. 1, s. 35

Marginal note:Descriptive cross-references

3  Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.

  • 1976-77, c. 53, s. 2

Part I

General

Marginal note:Effect of judicial acts

  • 3.1 (1) Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing.

  • Marginal note:Clerk of the court

    (2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.

  • 2002, c. 13, s. 2
  • 2019, c. 25, s. 3

Marginal note:Postcard a chattel, value

  • 4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition property in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.

  • Marginal note:Value of valuable security

    (2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:

    • (a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition valuable security in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;

    • (b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition valuable security in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and

    • (c) where the valuable security is one mentioned in paragraph (e) of the definition valuable security in section 2, the value is the amount of money that has been paid.

  • Marginal note:Possession

    (3) For the purposes of this Act,

    • (a) a person has anything in possession when he has it in his personal possession or knowingly

      • (i) has it in the actual possession or custody of another person, or

      • (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and

    • (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.

  • Marginal note:Expressions taken from other Acts

    (4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.

  • Marginal note:Sexual intercourse

    (5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.

  • Marginal note:Proof of notifications and service of documents

    (6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved

    • (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or

    • (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.

  • Marginal note:Proof of service in accordance with provincial laws

    (6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province.

  • Marginal note:Attendance for examination

    (7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice.

  • Marginal note:Means of telecommunication

    (8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication.

  • R.S., 1985, c. C-46, s. 4
  • R.S., 1985, c. 27 (1st Supp.), s. 3
  • 1994, c. 44, s. 3
  • 1997, c. 18, s. 2
  • 2008, c. 18, s. 1
  • 2014, c. 31, s. 2

Marginal note:Canadian Forces not affected

5  Nothing in this Act affects any law relating to the government of the Canadian Forces.

  • R.S., c. C-34, s. 4

Marginal note:Presumption of innocence

  • 6 (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,

    • (a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and

    • (b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.

  • Marginal note:Offences outside Canada

    (2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada.

  • Definition of enactment

    (3) In this section, enactment means

    • (a) an Act of Parliament, or

    • (b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,

    or any regulation made thereunder.

  • R.S., 1985, c. C-46, s. 6
  • R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10

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(c), (d) or (g),

    • (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(e),

    • (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.

  • Marginal note: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:Nuclear terrorism offence committed outside Canada

    (2.21) Despite anything in this Act or any other Act, everyone who commits an act or omission outside Canada that if committed in Canada would constitute an offence under any of sections 82.3 to 82.6, or a conspiracy or 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

    • (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 that

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

      • (ii) is 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

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

  • 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.

  • (2.32)[Repealed, 2019, c. 25, s. 4]

  • 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

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

    Canadian crew member

    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

    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

    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

    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

    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

    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.

  • (3.2) to (3.6)[Repealed, 2013, c. 13, s. 3]

  • 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 or 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 286.1(2) 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:If previously tried outside Canada

    (6) If 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, they would be able to plead autrefois acquit , autrefois convict , pardon or an expungement order under the Expungement of Historically Unjust Convictions Act, 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.

  • Marginal note: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.

  • Marginal note: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.

  • R.S., 1985, c. C-46, s. 7
  • R.S., 1985, c. 27 (1st Supp.), s. 5, c. 10 (3rd Supp.), s. 1, c. 30 (3rd Supp.), s. 1, c. 1 (4th Supp.), s. 18(F)
  • 1992, c. 1, ss. 58, 60(F)
  • 1993, c. 7, s. 1
  • 1995, c. 5, s. 25
  • 1997, c. 16, s. 1
  • 1999, c. 35, s. 11
  • 2000, c. 24, s. 42
  • 2001, c. 27, s. 244, c. 41, ss. 3, 126
  • 2002, c. 13, s. 3
  • 2004, c. 12, s. 1
  • 2005, c. 40, s. 2
  • 2012, c. 1, s. 10, c. 15, s. 1
  • 2013, c. 9, s. 2, c. 13, s. 3
  • 2014, c. 25, s. 3
  • 2018, c. 11, s. 27
  • 2019, c. 25, s. 4

Marginal note:Application to territories

  • 8 (1) The provisions of this Act apply throughout Canada except

    • (a) in Yukon, in so far as they are inconsistent with the Yukon Act;

    • (b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and

    • (c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.

  • Marginal note:Application of criminal law of England

    (2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.

  • Marginal note:Common law principles continued

    (3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.

  • R.S., 1985, c. C-46, s. 8
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 138

Marginal note:Criminal offences to be under law of Canada

9  Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730

  • (a) of an offence at common law,

  • (b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or

  • (c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada,

but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court.

  • R.S., 1985, c. C-46, s. 9
  • R.S., 1985, c. 27 (1st Supp.), s. 6, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10

Marginal note:Appeal

  • 10 (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Idem

    (2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal

    • (a) from the conviction; or

    • (b) against the punishment imposed.

  • Marginal note:Part XXI applies

    (3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 10
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Civil remedy not suspended

11  No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence.

  • R.S., c. C-34, s. 10

Marginal note:Offence punishable under more than one Act

12  Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence.

  • R.S., c. C-34, s. 11

Marginal note:Child under twelve

13  No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years.

  • R.S., c. C-34, s. 12
  • 1980-81-82-83, c. 110, s. 72

Marginal note:Consent to death

14  No person is entitled to consent to have death inflicted on them, and such consent does not affect the criminal responsibility of any person who inflicts death on the person who gave consent.

  • R.S., 1985, c. C-46, s. 14
  • 2016, c. 3, s. 1

Marginal note:Obedience to de facto law

15  No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.

  • R.S., c. C-34, s. 15

Marginal note:Defence of mental disorder

  • 16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

  • Marginal note:Presumption

    (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

  • Marginal note:Burden of proof

    (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

  • R.S., 1985, c. C-46, s. 16
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1991, c. 43, s. 2

Marginal note:Compulsion by threats

17  A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons).

  • R.S., 1985, c. C-46, s. 17
  • R.S., 1985, c. 27 (1st Supp.), s. 40

Marginal note:Compulsion of spouse

18  No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person.

  • R.S., c. C-34, s. 18
  • 1980-81-82-83, c. 125, s. 4

Marginal note:Ignorance of the law

19  Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.

  • R.S., c. C-34, s. 19

Marginal note:Certain acts on holidays valid

20  A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.

  • R.S., 1985, c. C-46, s. 20
  • 2019, c. 25, s. 5

Parties to Offences

Marginal note:Parties to offence

  • 21 (1) Every one is a party to an offence who

    • (a) actually commits it;

    • (b) does or omits to do anything for the purpose of aiding any person to commit it; or

    • (c) abets any person in committing it.

  • Marginal note:Common intention

    (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.

  • R.S., c. C-34, s. 21

Marginal note:Person counselling offence

  • 22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

  • Marginal note:Idem

    (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.

  • Definition of counsel

    (3) For the purposes of this Act, counsel includes procure, solicit or incite.

  • R.S., 1985, c. C-46, s. 22
  • R.S., 1985, c. 27 (1st Supp.), s. 7

Marginal note:Offences of negligence — organizations

22.1  In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if

  • (a) acting within the scope of their authority

    • (i) one of its representatives is a party to the offence, or

    • (ii) two or more of its representatives engage in conduct, whether by act or omission, such that, if it had been the conduct of only one representative, that representative would have been a party to the offence; and

  • (b) the senior officer who is responsible for the aspect of the organization's activities that is relevant to the offence departs — or the senior officers, collectively, depart — markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence.

  • 2003, c. 21, s. 2

Marginal note:Other offences — organizations

22.2  In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers

  • (a) acting within the scope of their authority, is a party to the offence;

  • (b) having the mental state required to be a party to the offence and acting within the scope of their authority, directs the work of other representatives of the organization so that they do the act or make the omission specified in the offence; or

  • (c) knowing that a representative of the organization is or is about to be a party to the offence, does not take all reasonable measures to stop them from being a party to the offence.

  • 2003, c. 21, s. 2

Marginal note:Accessory after the fact

  • 23 (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

  • (2)[Repealed, 2000, c. 12, s. 92]

  • R.S., 1985, c. C-46, s. 23
  • 2000, c. 12, s. 92

Marginal note:Where one party cannot be convicted

23.1  For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence.

  • R.S., 1985, c. 24 (2nd Supp.), s. 45

Marginal note:Attempts

  • 24 (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.

  • Marginal note:Question of law

    (2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law.

  • R.S., c. C-34, s. 24

Protection of Persons Administering and Enforcing the Law

Marginal note:Protection of persons acting under authority

  • 25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

    • (a) as a private person,

    • (b) as a peace officer or public officer,

    • (c) in aid of a peace officer or public officer, or

    • (d) by virtue of his office,

    is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

  • Marginal note:Idem

    (2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction.

  • Marginal note:When not protected

    (3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person's protection from death or grievous bodily harm.

  • Marginal note:When protected

    (4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if

    • (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested;

    • (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant;

    • (c) the person to be arrested takes flight to avoid arrest;

    • (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and

    • (e) the flight cannot be prevented by reasonable means in a less violent manner.

  • Marginal note:Power in case of escape from penitentiary

    (5) A peace officer is justified in using force that is intended or is likely to cause death or grievous bodily harm against an inmate who is escaping from a penitentiary within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, if

    • (a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and

    • (b) the escape cannot be prevented by reasonable means in a less violent manner.

  • R.S., 1985, c. C-46, s. 25
  • 1994, c. 12, s. 1

Marginal note:Definitions

  • 25.1 (1) The following definitions apply in this section and sections 25.2 to 25.4.

    competent authority

    competent authority  means, with respect to a public officer or a senior official,

    • (a) in the case of a member of the Royal Canadian Mounted Police, the Minister of Public Safety and Emergency Preparedness, personally;

    • (b) in the case of a member of a police service constituted under the laws of a province, the Minister responsible for policing in the province, personally; and

    • (c) in the case of any other public officer or senior official, the Minister who has responsibility for the Act of Parliament that the officer or official has the power to enforce, personally. (autorité compétente)

    public officer

    public officer  means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament. (fonctionnaire public)

    senior official

    senior official  means a senior official who is responsible for law enforcement and who is designated under subsection (5). (fonctionnaire supérieur)

  • Marginal note:Principle

    (2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

  • Marginal note:Designation of public officers

    (3) A competent authority may designate public officers for the purposes of this section and sections 25.2 to 25.4.

  • Marginal note:Condition — civilian oversight

    (3.1) A competent authority referred to in paragraph (a) or (b) of the definition of that term in subsection (1) may not designate any public officer under subsection (3) unless there is a public authority composed of persons who are not peace officers that may review the public officer's conduct.

  • Marginal note:Declaration as evidence

    (3.2) The Governor in Council or the lieutenant governor in council of a province, as the case may be, may designate a person or body as a public authority for the purposes of subsection (3.1), and that designation is conclusive evidence that the person or body is a public authority described in that subsection.

  • Marginal note:Considerations

    (4) The competent authority shall make designations under subsection (3) on the advice of a senior official and shall consider the nature of the duties performed by the public officer in relation to law enforcement generally, rather than in relation to any particular investigation or enforcement activity.

  • Marginal note:Designation of senior officials

    (5) A competent authority may designate senior officials for the purposes of this section and sections 25.2 to 25.4.

  • Marginal note:Emergency designation

    (6) A senior official may designate a public officer for the purposes of this section and sections 25.2 to 25.4 for a period of not more than 48 hours if the senior official is of the opinion that

    • (a) by reason of exigent circumstances, it is not feasible for the competent authority to designate a public officer under subsection (3); and

    • (b) in the circumstances of the case, the public officer would be justified in committing an act or omission that would otherwise constitute an offence.

    The senior official shall without delay notify the competent authority of the designation.

  • Marginal note:Conditions

    (7) A designation under subsection (3) or (6) may be made subject to conditions, including conditions limiting

    • (a) the duration of the designation;

    • (b) the nature of the conduct in the investigation of which a public officer may be justified in committing, or directing another person to commit, acts or omissions that would otherwise constitute an offence; and

    • (c) the acts or omissions that would otherwise constitute an offence and that a public officer may be justified in committing or directing another person to commit.

  • Marginal note:Justification for acts or omissions

    (8) A public officer is justified in committing an act or omission — or in directing the commission of an act or omission under subsection (10) — that would otherwise constitute an offence if the public officer

    • (a) is engaged in the investigation of an offence under, or the enforcement of, an Act of Parliament or in the investigation of criminal activity;

    • (b) is designated under subsection (3) or (6); and

    • (c) believes on reasonable grounds that the commission of the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer's law enforcement duties.

  • Marginal note:Requirements for certain acts

    (9) No public officer is justified in committing an act or omission that would otherwise constitute an offence and that would be likely to result in loss of or serious damage to property, or in directing the commission of an act or omission under subsection (10), unless, in addition to meeting the conditions set out in paragraphs (8)(a) to (c), he or she

    • (a) is personally authorized in writing to commit the act or omission — or direct its commission — by a senior official who believes on reasonable grounds that committing the act or omission, as compared to the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the investigation and the reasonable availability of other means for carrying out the public officer's law enforcement duties; or

    • (b) believes on reasonable grounds that the grounds for obtaining an authorization under paragraph (a) exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

      • (i) preserve the life or safety of any person,

      • (ii) prevent the compromise of the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer, or

      • (iii) prevent the imminent loss or destruction of evidence of an indictable offence.

  • Marginal note:Person acting at direction of public officer

    (10) A person who commits an act or omission that would otherwise constitute an offence is justified in committing it if

    • (a) a public officer directs him or her to commit that act or omission and the person believes on reasonable grounds that the public officer has the authority to give that direction; and

    • (b) he or she believes on reasonable grounds that the commission of that act or omission is for the purpose of assisting the public officer in the public officer's law enforcement duties.

  • Marginal note:Limitation

    (11) Nothing in this section justifies

    • (a) the intentional or criminally negligent causing of death or bodily harm to another person;

    • (b) the wilful attempt in any manner to obstruct, pervert or defeat the course of justice; or

    • (c) conduct that would violate the sexual integrity of an individual.

  • Marginal note:Protection, defences and immunities unaffected

    (12) Nothing in this section affects the protection, defences and immunities of peace officers and other persons recognized under the law of Canada.

  • Marginal note:Compliance with requirements

    (13) Nothing in this section relieves a public officer of criminal liability for failing to comply with any other requirements that govern the collection of evidence.

  • Marginal note:Exception — Controlled Drugs and Substances Act and Cannabis Act

    (14) Nothing in this section justifies a public officer or a person acting at his or her direction in committing an act or omission — or a public officer in directing the commission of an act or omission — that constitutes an offence under a provision of Part I of the Controlled Drugs and Substances Act or of the regulations made under it or a provision of Division 1 of Part 1 of the Cannabis Act.

  • 2001, c. 32, s. 2
  • 2005, c. 10, s. 34
  • 2018, c. 16, s. 207

Marginal note:Public officer to file report

25.2  Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission.

  • 2001, c. 32, s. 2

Marginal note:Annual report

  • 25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority,

    • (a) the number of designations made under subsection 25.1(6) by the senior officials;

    • (b) the number of authorizations made under paragraph 25.1(9)(a) by the senior officials;

    • (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9)(b) by the public officers;

    • (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and

    • (e) the nature of the acts or omissions committed under the designations referred to in paragraph (a), under the authorizations referred to in paragraph (b) and in the manner described in paragraph (c).

  • Marginal note:Limitation

    (2) The annual report shall not contain any information the disclosure of which would

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

  • 2001, c. 32, s. 2

Marginal note:Written notification to be given

  • 25.4 (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9)(a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission.

  • Marginal note:Limitation

    (2) The competent authority may authorize the senior official not to notify the person under subsection (1) until the competent authority is of the opinion that notification would not

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer;

    • (c) endanger the life or safety of any person;

    • (d) prejudice a legal proceeding; or

    • (e) otherwise be contrary to the public interest.

  • 2001, c. 32, s. 2

Marginal note:Excessive force

26  Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

  • R.S., c. C-34, s. 26

Marginal note:Use of force to prevent commission of offence

27  Every one is justified in using as much force as is reasonably necessary

  • (a) to prevent the commission of an offence

    • (i) for which, if it were committed, the person who committed it might be arrested without warrant, and

    • (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

  • (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

  • R.S., c. C-34, s. 27

Marginal note:Use of force on board an aircraft

  • 27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

  • Marginal note:Application of this section

    (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

  • 2004, c. 12, s. 2

Marginal note:Arrest of wrong person

  • 28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • Marginal note:Person assisting

    (2) Where a person is authorized to execute a warrant to arrest,

    • (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and

    • (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

    is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • R.S., c. C-34, s. 28

Marginal note:Duty of person arresting

  • 29 (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

  • Marginal note:Notice

    (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

    • (a) the process or warrant under which he makes the arrest; or

    • (b) the reason for the arrest.

  • Marginal note:Failure to comply

    (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

  • R.S., c. C-34, s. 29

Marginal note:Preventing breach of peace

30  Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

  • R.S., c. C-34, s. 30

Marginal note:Arrest for breach of peace

  • 31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

  • Marginal note:Giving person in charge

    (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

  • R.S., c. C-34, s. 31

Suppression of Riots

Marginal note:Use of force to suppress riot

  • 32 (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

    • (a) is necessary to suppress a riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Person bound by military law

    (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.

  • Marginal note:Obeying order of peace officer

    (3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

    • (a) he acts in good faith; and

    • (b) the order is not manifestly unlawful.

  • Marginal note:Apprehension of serious mischief

    (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,

    • (a) is necessary to suppress the riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Question of law

    (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

  • R.S., c. C-34, s. 32

Marginal note:Duty of officers if rioters do not disperse

  • 33 (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68(a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation.

  • Marginal note:Protection of officers

    (2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).

  • Marginal note:Section not restrictive

    (3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots.

  • R.S., c. C-34, s. 33

Self-induced Intoxication

Marginal note:When defence not available

  • 33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2).

  • Marginal note:Criminal fault by reason of intoxication

    (2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person.

  • Marginal note:Application

    (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person.

  • 1995, c. 32, s. 1

Defence of Person

Marginal note:Defence — use or threat of force

  • 34 (1) A person is not guilty of an offence if

    • (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

    • (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

    • (c) the act committed is reasonable in the circumstances.

  • Marginal note:Factors

    (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

    • (a) the nature of the force or threat;

    • (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

    • (c) the person's role in the incident;

    • (d) whether any party to the incident used or threatened to use a weapon;

    • (e) the size, age, gender and physical capabilities of the parties to the incident;

    • (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

    • (f.1) any history of interaction or communication between the parties to the incident;

    • (g) the nature and proportionality of the person's response to the use or threat of force; and

    • (h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 34
  • 1992, c. 1, s. 60(F)
  • 2012, c. 9, s. 2

Defence of Property

Marginal note:Defence — property

  • 35 (1) A person is not guilty of an offence if

    • (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

    • (b) they believe on reasonable grounds that another person

      • (i) is about to enter, is entering or has entered the property without being entitled by law to do so,

      • (ii) is about to take the property, is doing so or has just done so, or

      • (iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

    • (c) the act that constitutes the offence is committed for the purpose of

      • (i) preventing the other person from entering the property, or removing that person from the property, or

      • (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

    • (d) the act committed is reasonable in the circumstances.

  • Marginal note:No defence

    (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

  • Marginal note:No defence

    (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

  • R.S., 1985, c. C-46, s. 35
  • 2012, c. 9, s. 2

36 [Repealed, 2012, c. 9, s. 2]

37 [Repealed, 2012, c. 9, s. 2]

38 [Repealed, 2012, c. 9, s. 2]

39 [Repealed, 2012, c. 9, s. 2]

40 [Repealed, 2012, c. 9, s. 2]

41 [Repealed, 2012, c. 9, s. 2]

42 [Repealed, 2012, c. 9, s. 2]

Protection of Persons in Authority

Marginal note:Correction of child by force

43  Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.

  • R.S., c. C-34, s. 43

44 [Repealed, 2001, c. 26, s. 294]

Marginal note:Surgical operations

45  Every one is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person if

  • (a) the operation is performed with reasonable care and skill; and

  • (b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case.

  • R.S., c. C-34, s. 45

PART II Offences Against Public Order

Treason and other Offences against the Queen's Authority and Person

Marginal note:High treason

  • 46 (1) Every one commits high treason who, in Canada,

    • (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her;

    • (b) levies war against Canada or does any act preparatory thereto; or

    • (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are.

  • Marginal note:Treason

    (2) Every one commits treason who, in Canada,

    • (a) uses force or violence for the purpose of overthrowing the government of Canada or a province;

    • (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada;

    • (c) conspires with any person to commit high treason or to do anything mentioned in paragraph (a);

    • (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or

    • (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act.

  • Marginal note:Canadian citizen

    (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada,

    • (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or

    • (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2).

  • Marginal note:Overt act

    (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason.

  • R.S., c. C-34, s. 46
  • 1974-75-76, c. 105, s. 2

Marginal note:Punishment for high treason

  • 47 (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Punishment for treason

    (2) Every one who commits treason is guilty of an indictable offence and liable

    • (a) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(a), (c) or (d);

    • (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while a state of war exists between Canada and another country; or

    • (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2)(b) or (e) committed while no state of war exists between Canada and another country.

  • Marginal note:Corroboration

    (3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • Marginal note:Minimum punishment

    (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment.

  • R.S., c. C-34, s. 47
  • 1974-75-76, c. 105, s. 2

Marginal note:Limitation

  • 48 (1) No proceedings for an offence of treason as defined by paragraph 46(2)(a) shall be commenced more than three years after the time when the offence is alleged to have been committed.

  • Marginal note:Information for treasonable words

    (2) No proceedings shall be commenced under section 47 in respect of an overt act of treason expressed or declared by open and considered speech unless

    • (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and

    • (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid.

  • R.S., c. C-34, s. 48
  • 1974-75-76, c. 105, s. 29

Prohibited Acts

49 [Repealed, 2018, c. 29, s. 1]

Marginal note:Assisting alien enemy to leave Canada, or omitting to prevent treason

  • 50 (1) Every one commits an offence who

    • (a) incites or wilfully assists a subject of

      • (i) a state that is at war with Canada, or

      • (ii) a state against whose forces Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the state whose forces they are,

      to leave Canada without the consent of the Crown, unless the accused establishes that assistance to the state referred to in subparagraph (i) or the forces of the state referred to in subparagraph (ii), as the case may be, was not intended thereby; or

    • (b) knowing that a person is about to commit high treason or treason does not, with all reasonable dispatch, inform a justice of the peace or other peace officer thereof or make other reasonable efforts to prevent that person from committing high treason or treason.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 50
  • 1974-75-76, c. 105, s. 29

Marginal note:Intimidating Parliament or legislature

51  Every one who does an act of violence in order to intimidate Parliament or the legislature of a province is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 51

Marginal note:Sabotage

  • 52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to

    • (a) the safety, security or defence of Canada, or

    • (b) the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada.

  • Definition of prohibited act

    (2) In this section, prohibited act means an act or omission that

    • (a) impairs the efficiency or impedes the working of any vessel, vehicle, aircraft, machinery, apparatus or other thing; or

    • (b) causes property, by whomever it may be owned, to be lost, damaged or destroyed.

  • Marginal note:Saving

    (3) No person does a prohibited act within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (4) No person does a prohibited act within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

  • R.S., 1985, c. C-46, s. 52
  • 2019, c. 25, s. 6

Marginal note:Inciting to mutiny

53  Every one who

  • (a) attempts, for a traitorous or mutinous purpose, to seduce a member of the Canadian Forces from his duty and allegiance to Her Majesty, or

  • (b) attempts to incite or to induce a member of the Canadian Forces to commit a traitorous or mutinous act,

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

  • R.S., c. C-34, s. 53

Marginal note:Assisting deserter

54  Every one who aids, assists, harbours or conceals a person who he knows is a deserter or absentee without leave from the Canadian Forces is guilty of an offence punishable on summary conviction, but no proceedings shall be instituted under this section without the consent of the Attorney General of Canada.

  • R.S., c. C-34, s. 54

Marginal note:Evidence of overt acts

55  In proceedings for an offence against any provision in section 47 or sections 50 to 53, evidence of an overt act is not admissible unless that overt act is set out in the indictment or unless the evidence is otherwise relevant as tending to prove an overt act that is set out in the indictment.

  • R.S., 1985, c. C-46, s. 55
  • 2018, c. 29, s. 2

Marginal note:Offences in relation to members of R.C.M.P.

56  Every one who wilfully

  • (a) persuades or counsels a member of the Royal Canadian Mounted Police to desert or absent himself without leave,

  • (b) aids, assists, harbours or conceals a member of the Royal Canadian Mounted Police who he knows is a deserter or absentee without leave, or

  • (c) aids or assists a member of the Royal Canadian Mounted Police to desert or absent himself without leave, knowing that the member is about to desert or absent himself without leave,

is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 56
  • R.S., 1985, c. 27 (1st Supp.), s. 8

Official Documents

Marginal note:Identity documents

  • 56.1 (1) Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person.

  • Marginal note:For greater certainty

    (2) For greater certainty, subsection (1) does not prohibit an act that is carried out

    • (a) in good faith, in the ordinary course of the person's business or employment or in the exercise of the duties of their office;

    • (b) for genealogical purposes;

    • (c) with the consent of the person to whom the identity document relates or of a person authorized to consent on behalf of the person to whom the document relates, or of the entity that issued the identity document; or

    • (d) for a legitimate purpose related to the administration of justice.

  • Definition of identity document

    (3) For the purposes of this section, identity document means a Social Insurance Number card, a driver's licence, a health insurance card, a birth certificate, a death certificate, a passport as defined in subsection 57(5), a document that simplifies the process of entry into Canada, a certificate of citizenship, a document indicating immigration status in Canada, a certificate of Indian status or an employee identity card that bears the employee's photograph and signature, or any similar document, issued or purported to be issued by a department or agency of the federal government or of a provincial or foreign government.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • 2009, c. 28, s. 1

Marginal note:Forgery of or uttering forged passport

  • 57 (1) Every one who, while in or out of Canada,

    • (a) forges a passport, or

    • (b) knowing that a passport is forged

      • (i) uses, deals with or acts on it, or

      • (ii) causes or attempts to cause any person to use, deal with or act on it, as if the passport were genuine,

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

  • Marginal note:False statement in relation to passport

    (2) Every one who, while in or out of Canada, for the purpose of procuring a passport for himself or any other person or for the purpose of procuring any material alteration or addition to any such passport, makes a written or an oral statement that he knows is false or misleading

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Possession of forged, etc., passport

    (3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed 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:Special provisions applicable

    (4) For the purposes of proceedings under this section,

    • (a) the place where a passport was forged is not material; and

    • (b) the definition false document in section 321, and section 366, apply with such modifications as the circumstances require.

  • Marginal note:Definition of passport

    (5) In this section, passport has the same meaning as in section 2 of the Canadian Passport Order.

  • Marginal note:Jurisdiction

    (6) Where a person is alleged to have committed, while out of Canada, an offence under 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

    (7) 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 (6).

  • R.S., 1985, c. C-46, s. 57
  • R.S., 1985, c. 27 (1st Supp.), s. 9
  • 1992, c. 1, s. 60(F)
  • 1994, c. 44, s. 4
  • 1995, c. 5, s. 25
  • 2013, c. 40, s. 174
  • 2018, c. 29, s. 3
  • 2019, c. 25, s. 7

Marginal note:Fraudulent use of certificate of citizenship

  • 58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada,

    • (a) uses a certificate of citizenship or a certificate of naturalization for a fraudulent purpose, or

    • (b) being a person to whom a certificate of citizenship or a certificate of naturalization has been granted, knowingly parts with the possession of that certificate with intent that it should be used for a fraudulent purpose.

  • Definition of certificate of citizenship and certificate of naturalization

    (2) In this section, certificate of citizenship and certificate of naturalization , respectively, mean a certificate of citizenship and a certificate of naturalization as defined by the Citizenship Act.

  • R.S., 1985, c. C-46, s. 58
  • 2019, c. 25, s. 8

Sedition

Marginal note:Seditious words

  • 59 (1) Seditious words are words that express a seditious intention.

  • Marginal note:Seditious libel

    (2) A seditious libel is a libel that expresses a seditious intention.

  • Marginal note:Seditious conspiracy

    (3) A seditious conspiracy is an agreement between two or more persons to carry out a seditious intention.

  • Marginal note:Seditious intention

    (4) Without limiting the generality of the meaning of the expression seditious intention , every one shall be presumed to have a seditious intention who

    • (a) teaches or advocates, or

    • (b) publishes or circulates any writing that advocates,

    the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.

  • R.S., c. C-34, s. 60

Marginal note:Exception

60  Notwithstanding subsection 59(4), no person shall be deemed to have a seditious intention by reason only that he intends, in good faith,

  • (a) to show that Her Majesty has been misled or mistaken in her measures;

  • (b) to point out errors or defects in

    • (i) the government or constitution of Canada or a province,

    • (ii) Parliament or the legislature of a province, or

    • (iii) the administration of justice in Canada;

  • (c) to procure, by lawful means, the alteration of any matter of government in Canada; or

  • (d) to point out, for the purpose of removal, matters that produce or tend to produce feelings of hostility and ill-will between different classes of persons in Canada.

  • R.S., c. C-34, s. 61

Marginal note:Punishment of seditious offences

61  Every one who

  • (a) speaks seditious words,

  • (b) publishes a seditious libel, or

  • (c) is a party to a seditious conspiracy,

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

  • R.S., c. C-34, s. 62

Marginal note:Offences in relation to military forces

  • 62 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally

    • (a) interferes with, impairs or influences the loyalty or discipline of a member of a force,

    • (b) publishes, edits, issues, circulates or distributes a writing that advises, counsels or urges insubordination, disloyalty, mutiny or refusal of duty by a member of a force, or

    • (c) advises, counsels, urges or in any manner causes insubordination, disloyalty, mutiny or refusal of duty by a member of a force.

  • Definition of member of a force

    (2) In this section, member of a force means a member of

    • (a) the Canadian Forces; or

    • (b) the naval, army or air forces of a state other than Canada that are lawfully present in Canada.

  • R.S., 1985, c. C-46, s. 62
  • 2019, c. 25, s. 9

Unlawful Assemblies and Riots

Marginal note:Unlawful assembly

  • 63 (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they

    • (a) will disturb the peace tumultuously; or

    • (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

  • Marginal note:Lawful assembly becoming unlawful

    (2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

  • Marginal note:Exception

    (3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

  • R.S., c. C-34, s. 64

Marginal note:Riot

64  A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

  • R.S., c. C-34, s. 65

Marginal note:Punishment of rioter

  • 65 (1) Every person who takes part in a riot is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 65
  • 2013, c. 15, s. 2
  • 2019, c. 25, s. 10

Marginal note:Punishment for unlawful assembly

  • 66 (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.

  • Marginal note:Concealment of identity

    (2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

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

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 66
  • 2013, c. 15, s. 3

Marginal note:Reading proclamation

67  A person who is

  • (a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,

  • (b) a warden or deputy warden of a prison, or

  • (c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person's deputy,

who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:

Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.

  • R.S., 1985, c. C-46, s. 67
  • 1994, c. 44, s. 5

Marginal note:Offences related to proclamation

68  Every one is guilty of an indictable offence and liable to imprisonment for life who

  • (a) opposes, hinders or assaults, wilfully and with force, a person who begins to make or is about to begin to make or is making the proclamation referred to in section 67 so that it is not made;

  • (b) does not peaceably disperse and depart from a place where the proclamation referred to in section 67 is made within thirty minutes after it is made; or

  • (c) does not depart from a place within thirty minutes when he has reasonable grounds to believe that the proclamation referred to in section 67 would have been made in that place if some person had not opposed, hindered or assaulted, wilfully and with force, a person who would have made it.

  • R.S., c. C-34, s. 69

Marginal note:Neglect by peace officer

69  A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 69
  • 2019, c. 25, s. 11

Unlawful Drilling

Marginal note:Orders by Governor in Council

  • 70 (1) The Governor in Council may, by proclamation, make orders

    • (a) to prohibit assemblies, without lawful authority, of persons for the purpose

      • (i) of training or drilling themselves,

      • (ii) of being trained or drilled to the use of arms, or

      • (iii) of practising military exercises; or

    • (b) to prohibit persons when assembled for any purpose from training or drilling themselves or from being trained or drilled.

  • Marginal note:General or special order

    (2) An order that is made under subsection (1) may be general or may be made applicable to particular places, districts or assemblies to be specified in the order.

  • Marginal note:Punishment

    (3) Every person who contravenes an order made under this section 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.

  • R.S., 1985, c. C-46, s. 70
  • 1992, c. 1, s. 60(F)
  • 2019, c. 25, s. 12

Duels

71 [Repealed, 2018, c. 29, s. 4]

Forcible Entry and Detainer

Marginal note:Forcible entry

  • 72 (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.

  • Marginal note:Matters not material

    (1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.

  • Marginal note:Forcible detainer

    (2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.

  • Marginal note:Questions of law

    (3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.

  • R.S., 1985, c. C-46, s. 72
  • R.S., 1985, c. 27 (1st Supp.), s. 10
  • 1992, c. 1, s. 60(F)

Marginal note:Punishment

73  Every person who commits forcible entry or forcible detainer is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 73
  • R.S., 1985, c. 27 (1st Supp.), s. 11
  • 1992, c. 1, s. 58
  • 2019, c. 25, s. 13

Piracy

Marginal note:Piracy by law of nations

  • 74 (1) Every one commits piracy who does any act that, by the law of nations, is piracy.

  • Marginal note:Punishment

    (2) Every one who commits piracy while in or out of Canada is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 75
  • 1974-75-76, c. 105, s. 3

Marginal note:Piratical acts

75  Every one who, while in or out of Canada,

  • (a) steals a Canadian ship,

  • (b) steals or without lawful authority throws overboard, damages or destroys anything that is part of the cargo, supplies or fittings in a Canadian ship,

  • (c) does or attempts to do a mutinous act on a Canadian ship, or

  • (d) counsels a person to do anything mentioned in paragraph (a), (b) or (c),

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

  • R.S., 1985, c. C-46, s. 75
  • R.S., 1985, c. 27 (1st Supp.), s. 7

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.

  • 1972, c. 13, s. 6

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.

  • R.S., 1985, c. C-46, s. 77
  • 1993, c. 7, s. 3

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.

  • R.S., 1985, c. C-46, s. 78
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 2002, c. 22, s. 325

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)

  • 1993, c. 7, s. 4

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.

  • R.S., c. C-34, s. 77

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.

  • R.S., c. C-34, s. 78

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.

  • R.S., c. C-34, s. 79

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.

  • R.S., 1985, c. C-46, s. 82
  • R.S., 1985, c. 27 (1st Supp.), s. 12
  • 1997, c. 23, s. 2
  • 2001, c. 32, s. 3(F)
  • 2018, c. 29, s. 5
  • 2019, c. 25, s. 14

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).

  • 1997, c. 23, s. 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.

  • 2013, c. 13, s. 5

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.

  • 2013, c. 13, s. 5

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.

  • 2013, c. 13, s. 5

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.

  • 2013, c. 13, s. 5

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.

  • 2013, c. 13, s. 5

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.

  • 2013, c. 13, s. 5

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.

  • R.S., 1985, c. C-46, s. 83
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 2013, c. 19, s. 1

PART II.1 Terrorism

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).

  • 2001, c. 41, ss. 4, 126
  • 2010, c. 19, s. 1
  • 2013, c. 13, s. 6

Financing of Terrorism

Marginal note:Providing or collecting property for certain activities

83.02  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

  • (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of terrorist activity in subsection 83.01(1), or

  • (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act.

  • 2001, c. 41, s. 4
  • 2019, c. 25, s. 15(E)

Marginal note:Providing, making available, etc., property or services for terrorist purposes

83.03  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

  • (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

  • (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group.

  • 2001, c. 41, s. 4
  • 2019, c. 25, s. 16(E)

Marginal note:Using or possessing property for terrorist purposes

83.04  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who

  • (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or

  • (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity.

  • 2001, c. 41, s. 4
  • 2019, c. 25, s. 17(E)

List of Entities

Marginal note:Establishment of list

  • 83.05 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that

    • (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or

    • (b) the entity has knowingly acted on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

  • Marginal note:Recommendation

    (1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).

  • Marginal note:Amendment to name of listed entity

    (1.2) The Minister may, by regulation,

    • (a) change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and

    • (b) delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.

  • Marginal note:Application to Minister

    (2) On application in writing by a listed entity to be removed from the list, the Minister shall decide whether the applicant should remain a listed entity or whether the Minister should recommend to the Governor in Council that the applicant be removed from the list, taking into account the grounds set out in subsection (1).

  • Marginal note:Deeming

    (3) If the Minister does not make a decision on the application referred to in subsection (2) within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the applicant, the Minister is deemed to have decided that the applicant should remain a listed entity.

  • Marginal note:Notice of the decision to the applicant

    (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

  • Marginal note:Judicial review

    (5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

  • Marginal note:Reference

    (6) When an application is made under subsection (5), the judge shall, without delay

    • (a) examine, in private, any security or criminal intelligence reports considered in the making of the decision on whether the applicant should remain a listed entity and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

    • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge's opinion, injure national security or endanger the safety of any person;

    • (c) provide the applicant with a reasonable opportunity to be heard; and

    • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.

  • Marginal note:Evidence

    (6.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

  • Marginal note:Publication

    (7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

  • Marginal note:New application

    (8) A listed entity may not make another application under subsection (2) except if, since the time when the entity made its last application,

    • (a) there has been a material change in its circumstances; or

    • (b) the Minister has completed a review under subsection (8.1) with respect to that entity.

  • Marginal note:Review — listed entity

    (8.1) The Minister shall review whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity

    • (a) within five years after

      • (i) the day on which this subsection comes into force, if the entity is a listed entity on that day, or

      • (ii) the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and

    • (b) subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.

  • Marginal note:Validity

    (9) Reviews undertaken under subsection (8.1) do not affect the validity of the list.

  • Marginal note:Publication

    (10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) to be published in the Canada Gazette within five years after the review is completed.

  • Definition of judge

    (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

  • 2001, c. 41, ss. 4, 143
  • 2005, c. 10, ss. 18, 34
  • 2019, c. 13, s. 141

Marginal note:Admission of foreign information obtained in confidence

  • 83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

    • (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

    • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

  • Marginal note:Return of information

    (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if

    • (a) the judge determines that the information is not relevant;

    • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or

    • (c) the Minister withdraws the application.

  • Marginal note:Use of information

    (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.

  • 2001, c. 41, s. 4
  • 2005, c. 10, s. 19

Marginal note:Mistaken identity

  • 83.07 (1) An entity whose name is the same as or similar to a name, appearing on the list, of a listed entity and who claims not to be that listed entity may apply in writing to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not that listed entity.

  • Marginal note:Issuance of certificate

    (2) The Minister shall, within 30 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not that listed entity.

  • 2001, c. 41, s. 4
  • 2005, c. 10, s. 20
  • 2019, c. 13, s. 142

Freezing of Property

Marginal note:Freezing of property

  • 83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly

    • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;

    • (b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or

    • (c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group.

  • Marginal note:No civil liability

    (2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if they took all reasonable steps to satisfy themselves that the relevant property was owned or controlled by or on behalf of a terrorist group.

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 3

Marginal note:Exemptions

  • 83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions.

  • Marginal note:Ministerial authorization

    (2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it.

  • Marginal note:Existing equities maintained

    (3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen.

  • Marginal note:Third party involvement

    (4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

  • 2001, c. 41, s. 4
  • 2005, c. 10, s. 21

Marginal note:Disclosure

  • 83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

    • (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and

    • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

  • Marginal note:Immunity

    (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 4

Marginal note:Audit

  • 83.11 (1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity:

    • (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

    • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

    • (c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

    • (c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act;

    • (c.2) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

    • (d) companies to which the Trust and Loan Companies Act applies;

    • (e) trust companies regulated by a provincial Act;

    • (f) loan companies regulated by a provincial Act; and

    • (g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

  • Marginal note:Monthly report

    (2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either

    • (a) that it is not in possession or control of any property referred to in subsection (1), or

    • (b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.

  • Marginal note:Immunity

    (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

    • (b) specifying a period for the purposes of subsection (2).

  • 2001, c. 41, s. 4

Marginal note:Offences — freezing of property, disclosure or audit

  • 83.12 (1) Every person who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

    • (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or

    • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • (2)[Repealed, 2013, c. 9, s. 5]

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 5
  • 2019, c. 25, s. 18

Seizure and Restraint of Property

Marginal note:Seizure and restraint of assets

  • 83.13 (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue

    • (a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or

    • (b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

  • Marginal note:Contents of application

    (1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

  • Marginal note:Appointment of manager

    (2) On an application under subsection (1), at the request of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

    • (a) appoint a person to take control of, and to manage or otherwise deal with, all or part of the property in accordance with the directions of the judge; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (4) The power to manage or otherwise deal with property under subsection (2) includes

    • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

    • (b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and

    • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8.1).

  • Marginal note:Application for destruction order

    (5) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a judge of the Federal Court for a destruction order.

  • Marginal note:Notice

    (6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the judge's opinion, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (7) A notice shall

    • (a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and

    • (b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.

  • Marginal note:Destruction order

    (8) A judge shall order that the property be destroyed if they are satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (9.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • Marginal note:Application to vary

    (10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).

  • Marginal note:Procedure

    (11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • Marginal note:Procedure

    (12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b).

  • 2001, c. 41, s. 4
  • 2017, c. 7, s. 54
  • 2019, c. 25, s. 19

Forfeiture of Property

Marginal note:Application for order of forfeiture

  • 83.14 (1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of

    • (a) property owned or controlled by or on behalf of a terrorist group; or

    • (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

  • Marginal note:Contents of application

    (2) An affidavit in support of an application by the Attorney General under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

  • Marginal note:Respondents

    (3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

  • Marginal note:Notice

    (4) The Attorney General shall give notice of an application under subsection (1) to named respondents in such a manner as the judge directs or as provided in the rules of the Federal Court.

  • Marginal note:Granting of forfeiture order

    (5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Use of proceeds

    (5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

  • Marginal note:Regulations

    (5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.

  • Marginal note:Order refusing forfeiture

    (6) Where a judge refuses an application under subsection (1) in respect of any property, the judge shall make an order that describes the property and declares that it is not property referred to in that subsection.

  • Marginal note:Notice

    (7) On an application under subsection (1), a judge may require notice to be given to any person who, in the opinion of the Court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

  • Marginal note:Third party interests

    (8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.

  • Marginal note:Dwelling-house

    (9) Where all or part of property that is the subject of an application under subsection (1) is a dwelling-house, the judge shall also consider

    • (a) the impact of an order of forfeiture on any member of the immediate family of the person who owns or controls the dwelling-house, if the dwelling-house was the member's principal residence at the time the dwelling-house was ordered restrained or at the time the forfeiture application was made and continues to be the member's principal residence; and

    • (b) whether the member appears innocent of any complicity or collusion in the terrorist activity.

  • Marginal note:Motion to vary or set aside

    (10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

  • Marginal note:No extension of time

    (11) The Court may not extend the period set out in subsection (10).

  • 2001, c. 41, s. 4
  • 2017, c. 7, s. 55(F)

Marginal note:Disposition of property

83.15  Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

  • 2001, c. 41, s. 4

Marginal note:Interim preservation rights

  • 83.16 (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity.

  • Marginal note:Appeal of refusal to grant order

    (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

  • 2001, c. 41, s. 4

Marginal note:Other forfeiture provisions unaffected

  • 83.17 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

  • Marginal note:Priority for restitution to victims of crime

    (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

  • 2001, c. 41, s. 4

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group

  • 83.18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) a terrorist group actually facilitates or carries out a terrorist activity;

    • (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

    • (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

  • Marginal note:Meaning of participating or contributing

    (3) Participating in or contributing to an activity of a terrorist group includes

    • (a) providing, receiving or recruiting a person to receive training;

    • (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

    • (c) recruiting a person in order to facilitate or commit

      • (i) a terrorism offence, or

      • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

    • (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

    • (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

      • (i) a terrorism offence, or

      • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

  • Marginal note:Factors

    (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

    • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

    • (b) frequently associates with any of the persons who constitute the terrorist group;

    • (c) receives any benefit from the terrorist group; or

    • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

  • 2001, c. 41, s. 4
  • 2019, c. 25, s. 20

Marginal note:Leaving Canada to participate in activity of terrorist group

83.181  Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • 2013, c. 9, s. 6
  • 2019, c. 25, s. 21

Marginal note:Facilitating terrorist activity

  • 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Facilitation

    (2) For the purposes of this Part, a terrorist activity is facilitated whether or not

    • (a) the facilitator knows that a particular terrorist activity is facilitated;

    • (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

    • (c) any terrorist activity was actually carried out.

  • 2001, c. 41, s. 4

Marginal note:Leaving Canada to facilitate terrorist activity

83.191  Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.19(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 2013, c. 9, s. 7

Marginal note:Commission of offence for terrorist group

83.2  Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

  • 2001, c. 41, s. 4

Marginal note:Leaving Canada to commit offence for terrorist group

83.201  Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 2013, c. 9, s. 8

Marginal note:Leaving Canada to commit offence that is terrorist activity

83.202  Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 2013, c. 9, s. 8

Marginal note:Instructing to carry out activity for terrorist group

  • 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) the activity that the accused instructs to be carried out is actually carried out;

    • (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);

    • (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);

    • (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

    • (e) a terrorist group actually facilitates or carries out a terrorist activity;

    • (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

    • (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

  • 2001, c. 41, s. 4

Marginal note:Instructing to carry out terrorist activity

  • 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) An offence may be committed under subsection (1) whether or not

    • (a) the terrorist activity is actually carried out;

    • (b) the accused instructs a particular person to carry out the terrorist activity;

    • (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

    • (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

  • 2001, c. 41, s. 4

Marginal note:Counselling commission of terrorism offence

  • 83.221 (1) Every person who counsels another person to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

  • Marginal note:Application

    (2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled.

  • 2015, c. 20, s. 16
  • 2019, c. 13, s. 143

Marginal note:Warrant of seizure

  • 83.222 (1) A judge who is satisfied by information on oath that there are reasonable grounds to believe that any publication, copies of which are kept for sale or distribution in premises within the court's jurisdiction, is terrorist propaganda may issue a warrant authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days after the day on which the warrant is issued, the judge shall issue a summons to the premises' occupier requiring the occupier to appear before the court and to show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and author may appear

    (3) The owner and the author of the matter seized and alleged to be terrorist propaganda may appear and be represented before the court in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied, on a balance of probabilities, that the publication is terrorist propaganda, it may make an order declaring that the matter be forfeited to Her Majesty, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication is terrorist propaganda, it may order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

  • Marginal note:Consent

    (7) No proceeding under this section shall be instituted without the Attorney General's consent.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    court

    court  has the same meaning as in subsection 320(8). (tribunal)

    judge

    judge  has the same meaning as in subsection 320(8). (juge)

    terrorist propaganda

    terrorist propaganda  means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)

  • 2015, c. 20, s. 16
  • 2019, c. 13, s. 144

Marginal note:Order to computer system's custodian

  • 83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or computer data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court's jurisdiction, the judge may order the computer system's custodian to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information that is necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system's custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted material may appear

    (3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order of deletion

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, it may order the computer system's custodian to delete the material.

  • Marginal note:Destruction of electronic copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court's possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or computer data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system's custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Appeal

    (8) An appeal lies from an order made under subsection (5) or (6) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

  • Marginal note:Consent

    (9) No proceeding under this section shall be instituted without the Attorney General's consent.

  • Marginal note:When order takes effect

    (10) No order made under any of subsections (5) to (7) takes effect until the time for final appeal has expired.

  • Marginal note:Definitions

    (11) The following definitions apply in this section.

    computer data

    computer data  has the same meaning as in subsection 342.1(2). (données informatiques)

    computer system

    computer system  has the same meaning as in subsection 342.1(2). (ordinateur)

    court

    court  has the same meaning as in subsection 320(8). (tribunal)

    data

    data [Repealed, 2015, c. 20, s. 35]

    judge

    judge  has the same meaning as in subsection 320(8). (juge)

    terrorist propaganda

    terrorist propaganda  has the same meaning as in subsection 83.222(8). (propagande terroriste)

  • 2015, c. 20, ss. 16, 35

Marginal note:Concealing person who carried out terrorist activity

  • 83.23 (1) Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and

    • (b) an indictable offence and liable to imprisonment for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.

  • Marginal note:Concealing person who is likely to carry out terrorist activity

    (2) Every person who knowingly harbours or conceals another person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 9
  • 2019, c. 25, s. 22

Hoax Regarding Terrorist Activity

Marginal note:Hoax — terrorist activity

  • 83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property,

    • (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or

    • (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur.

  • Marginal note:Punishment

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

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

  • 2004, c. 15, s. 32
  • 2019, c. 25, s. 23

Proceedings and Aggravated Punishment

Marginal note:Attorney General's consent

83.24  Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.

  • 2001, c. 41, s. 4

Marginal note:Jurisdiction

  • 83.25 (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

  • Marginal note:Trial and punishment

    (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

  • 2001, c. 41, s. 4

Marginal note:Sentences to be served consecutively

83.26  A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

  • (a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

  • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • 2001, c. 41, s. 4

Marginal note:Punishment for terrorist activity

  • 83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

  • Marginal note:Offender must be notified

    (2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.

  • 2001, c. 41, s. 4

83.28 [Repealed, 2019, c. 13, s. 145]

83.29 [Repealed, 2019, c. 13, s. 145]

Recognizance with Conditions

Marginal note:Attorney General's consent

  • 83.3 (1) The Attorney General's consent is required before a peace officer may lay an information under subsection (2).

  • Marginal note:Terrorist activity

    (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

    • (a) believes on reasonable grounds that a terrorist activity may be carried out; and

    • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

  • Marginal note:Appearance

    (3) The judge who receives the information may cause the person to appear before any provincial court judge.

  • Marginal note:Arrest without warrant

    (4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), if

    • (a) either

      • (i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or

      • (ii) an information has been laid under subsection (2) and a summons has been issued; and

    • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.

  • Marginal note:Duty of peace officer

    (5) If a peace officer arrests a person without a warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b),

    • (a) lay an information in accordance with subsection (2); or

    • (b) release the person.

  • Marginal note:When person to be taken before judge

    (6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

    • (a) if a provincial court judge is available within 24 hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period; and

    • (b) if a provincial court judge is not available within 24 hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as feasible.

  • Marginal note:How person dealt with

    (7) When a person is taken before a provincial court judge under subsection (6),

    • (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

    • (b) if an information has been laid under subsection (2),

      • (i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the person's detention in custody is justified on one or more of the following grounds:

        • (A) the detention is necessary to ensure the person's appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

        • (B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

          • (I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

          • (II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

        • (C) the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer's grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

      • (ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed 48 hours.

  • Marginal note:Adjournment under subparagraph (7)(b)(ii)

    (7.1) If a judge has adjourned the matter under subparagraph (7)(b)(ii) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who

    • (a) shall order that the person be released unless a peace officer shows cause why the person's detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and

    • (b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.

  • Marginal note:Adjournment under paragraph (7.1)(b)

    (7.2) If a judge has adjourned the matter under paragraph (7.1)(b) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who

    • (a) shall order that the person be released unless a peace officer shows cause why the person's detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and

    • (b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.

  • Marginal note:Hearing before judge

    (8) The judge before whom the person appears in accordance with subsection (3)

    • (a) may, if the judge is satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (10), (11.1) and (11.2), that the judge considers desirable for preventing the carrying out of a terrorist activity; and

    • (b) if the person was not released under subparagraph (7)(b)(i) or paragraph (7.1)(a) or (7.2)(a), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

  • Marginal note:Duration extended

    (8.1) However, if the judge is also satisfied that the person was convicted previously of a terrorism offence, the judge may order that the person enter into the recognizance for a period of not more than two years.

  • Marginal note:Refusal to enter into recognizance

    (9) The judge may commit the person to prison for a term not exceeding 12 months if the person fails or refuses to enter into the recognizance.

  • Marginal note:Conditions — firearms

    (10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance.

  • Marginal note:Surrender, etc.

    (11) If the judge adds the condition described in subsection (10) to a recognizance, they shall specify in it the manner and method by which

    • (a) the things referred to in that subsection that are in the person's possession shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates that are held by the person shall be surrendered.

  • Marginal note:Condition — passport

    (11.1) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

  • Marginal note:Condition — specified geographic area

    (11.2) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

  • Marginal note:Reasons

    (12) If the judge does not add a condition described in subsection (10), (11.1) or (11.2) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.

  • Marginal note:Variance of conditions

    (13) The judge, or any other judge of the same court, may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (14) Subsections 810(4) and (5) apply, with any necessary modifications, to proceedings under this section.

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 10
  • 2015, c. 20, s. 17
  • 2019, c. 13, s. 146
  • 2019, c. 25, s. 24

  • 83.31 (1)[Repealed, 2019, c. 13, s. 147]

  • (1.1)[Repealed, 2019, c. 13, s. 147]

  • Marginal note:Annual report (section 83.3)

    (2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

    • (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

    • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

    • (c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;

    • (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

    • (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

    • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

  • Marginal note:Annual report (section 83.3)

    (3) The Minister of Public Safety and Emergency Preparedness shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

    • (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person's detention in custody in each case; and

    • (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

      • (i) by a peace officer under paragraph 83.3(5)(b), or

      • (ii) by a judge under paragraph 83.3(7)(a), (7.1)(a) or (7.2)(a).

  • Marginal note:Opinions

    (3.1) The Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness shall include in their annual reports under subsections (2) and (3), respectively, their opinion, supported by reasons, on whether the operation of section 83.3 should be extended.

  • Marginal note:Limitation

    (4) The annual report shall not contain any information the disclosure of which would

    • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

    • (b) endanger the life or safety of any person;

    • (c) prejudice a legal proceeding; or

    • (d) otherwise be contrary to the public interest.

  • 2001, c. 41, s. 4
  • 2005, c. 10, s. 34
  • 2013, c. 9, s. 11
  • 2015, c. 20, s. 18
  • 2019, c. 13, s. 147

Marginal note:Sunset provision

  • 83.32 (1) Section 83.3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

  • Marginal note:Review

    (1.1) A comprehensive review of section 83.3 and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.

  • Marginal note:Order in council

    (2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

  • Marginal note:Rules

    (3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

  • Marginal note:Subsequent extensions

    (4) The operation of section 83.3 may be further extended in accordance with this section, but

    • (a) the reference to "at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary" in subsection (1) is to be read as a reference to "on the expiry of the most recent extension under this section unless, before that extension expires"; and

    • (b) the reference to "the fifth anniversary referred to subsection (1)" in subsection (1.2) is to be read as a reference to "the expiry of the most recent extension under this section".

  • (5)[Repealed, 2019, c. 13, s. 148]

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 12
  • 2019, c. 13, s. 148

  • 83.33 (1)[Repealed, 2019, c. 13, s. 149]

  • Marginal note:Transitional provision — section 83.3

    (2) In the event that section 83.3 ceases to have effect in accordance with section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to have effect, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to have effect.

  • 2001, c. 41, s. 4
  • 2013, c. 9, s. 13
  • 2019, c. 13, s. 149

PART III Firearms and Other Weapons

Interpretation

Marginal note:Definitions

  • 84 (1) In this Part,

    ammunition

    ammunition  means a cartridge containing a projectile designed to be discharged from a firearm and, without restricting the generality of the foregoing, includes a caseless cartridge and a shot shell; (munitions)

    antique firearm

    antique firearm  means

    • (a) any firearm manufactured before 1898 that was not designed to discharge rim-fire or centre-fire ammunition and that has not been redesigned to discharge such ammunition, or

    • (b) any firearm that is prescribed to be an antique firearm; (arme à feu historique)

    authorization

    authorization  means an authorization issued under the Firearms Act; (autorisation)

    automatic firearm

    automatic firearm  means a firearm that is capable of, or assembled or designed and manufactured with the capability of, discharging projectiles in rapid succession during one pressure of the trigger; (arme automatique)

    cartridge magazine

    cartridge magazine  means a device or container from which ammunition may be fed into the firing chamber of a firearm; (chargeur)

    chief firearms officer

    chief firearms officer  means a chief firearms officer as defined in subsection 2(1) of the Firearms Act; (contrôleur des armes à feu)

    Commissioner of Firearms

    Commissioner of Firearms  means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act; (commissaire aux armes à feu)

    cross-bow

    cross-bow  means a device with a bow and a bowstring mounted on a stock that is designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory guided by a barrel or groove and that is capable of causing serious bodily injury or death to a person; (arbalète)

    export

    export  means export from Canada and, for greater certainty, includes the exportation of goods from Canada that are imported into Canada and shipped in transit through Canada; (exporter)

    firearms officer

    firearms officer  means a firearms officer as defined in subsection 2(1) of the Firearms Act; (préposé aux armes à feu)

    handgun

    handgun  means a firearm that is designed, altered or intended to be aimed and fired by the action of one hand, whether or not it has been redesigned or subsequently altered to be aimed and fired by the action of both hands; (arme de poing)

    imitation firearm

    imitation firearm  means any thing that imitates a firearm, and includes a replica firearm; (fausse arme à feu)

    import

    import  means import into Canada and, for greater certainty, includes the importation of goods into Canada that are shipped in transit through Canada and exported from Canada; (importer)

    licence

    licence  means a licence issued under the Firearms Act; (permis)

    non-restricted firearm

    non-restricted firearm  means

    • (a) a firearm that is neither a prohibited firearm nor a restricted firearm, or

    • (b) a firearm that is prescribed to be a non-restricted firearm; (arme à feu sans restriction)

    prescribed

    prescribed  means prescribed by the regulations; (Version anglaise seulement)

    prohibited ammunition

    prohibited ammunition  means ammunition, or a projectile of any kind, that is prescribed to be prohibited ammunition; (munitions prohibées)

    prohibited device

    prohibited device  means

    • (a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device,

    • (b) a handgun barrel that is equal to or less than 105 mm in length, but does not include any such handgun barrel that is prescribed, where the handgun barrel is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (c) a device or contrivance designed or intended to muffle or stop the sound or report of a firearm,

    • (d) a cartridge magazine that is prescribed to be a prohibited device, or

    • (e) a replica firearm; (dispositif prohibé)

    prohibited firearm

    prohibited firearm  means

    • (a) a handgun that

      • (i) has a barrel equal to or less than 105 mm in length, or

      • (ii) is designed or adapted to discharge a 25 or 32 calibre cartridge,

      but does not include any such handgun that is prescribed, where the handgun is for use in international sporting competitions governed by the rules of the International Shooting Union,

    • (b) a firearm that is adapted from a rifle or shotgun, whether by sawing, cutting or any other alteration, and that, as so adapted,

      • (i) is less than 660 mm in length, or

      • (ii) is 660 mm or greater in length and has a barrel less than 457 mm in length,

    • (c) an automatic firearm, whether or not it has been altered to discharge only one projectile with one pressure of the trigger, or

    • (d) any firearm that is prescribed to be a prohibited firearm; (arme à feu prohibée)

    prohibited weapon

    prohibited weapon  means

    • (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

    • (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (arme prohibée)

    prohibition order

    prohibition order  means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d'interdiction)

    Registrar

    Registrar  means the Registrar of Firearms appointed under section 82 of the Firearms Act; (directeur)

    registration certificate

    registration certificate  means a registration certificate issued under the Firearms Act; (certificat d'enregistrement)

    replica firearm

    replica firearm  means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

    restricted firearm

    restricted firearm  means

    • (a) a handgun that is not a prohibited firearm,

    • (b) a firearm that

      • (i) is not a prohibited firearm,

      • (ii) has a barrel less than 470 mm in length, and

      • (iii) is capable of discharging centre-fire ammunition in a semi-automatic manner,

    • (c) a firearm that is designed or adapted to be fired when reduced to a length of less than 660 mm by folding, telescoping or otherwise, or

    • (d) a firearm of any other kind that is prescribed to be a restricted firearm; (arme à feu à autorisation restreinte)

    restricted weapon

    restricted weapon  means any weapon, other than a firearm, that is prescribed to be a restricted weapon; (arme à autorisation restreinte)

    superior court

    superior court  means

    • (a) in Ontario, the Superior Court of Justice, sitting in the region, district or county or group of counties where the relevant adjudication was made,

    • (b) in Quebec, the Superior Court,

    • (c) in New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,

    • (d) in Nova Scotia, British Columbia, Prince Edward Island and a territory, the Supreme Court, and

    • (e) in Newfoundland and Labrador, the Trial Division of the Supreme Court; (cour supérieure)

    transfer

    transfer  means sell, provide, barter, give, lend, rent, send, transport, ship, distribute or deliver. (cession)

  • Marginal note:Barrel length

    (2) For the purposes of this Part, the length of a barrel of a firearm is

    • (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder, and

    • (b) in any other case, the distance from the muzzle of the barrel to and including the chamber,

    but does not include the length of any component, part or accessory including any component, part or accessory designed or intended to suppress the muzzle flash or reduce recoil.

  • Marginal note:Certain weapons deemed not to be firearms

    (3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:

    • (a) any antique firearm;

    • (b) any device that is

      • (i) designed exclusively for signalling, for notifying of distress, for firing blank cartridges or for firing stud cartridges, explosive-driven rivets or other industrial projectiles, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed;

    • (c) any shooting device that is

      • (i) designed exclusively for the slaughtering of domestic animals, the tranquillizing of animals or the discharging of projectiles with lines attached to them, and

      • (ii) intended by the person in possession of it to be used exclusively for the purpose for which it is designed; and

    • (d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge

      • (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or

      • (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules.

  • Marginal note:Exception — antique firearms

    (3.1) Notwithstanding subsection (3), an antique firearm is a firearm for the purposes of regulations made under paragraph 117(h) of the Firearms Act and subsection 86(2) of this Act.

  • Meaning of holder

    (4) For the purposes of this Part, a person is the holder of

    • (a) an authorization or a licence if the authorization or licence has been issued to the person and the person continues to hold it; and

    • (b) a registration certificate for a firearm if

      • (i) the registration certificate has been issued to the person and the person continues to hold it, or

      • (ii) the person possesses the registration certificate with the permission of its lawful holder.

  • Marginal note:Subsequent offences

    (5) In determining, for the purpose of subsection 85(3), 95(2), 99(2), 100(2) or 103(2), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under section 85, 95, 96, 98, 98.1, 99, 100, 102 or 103 or subsection 117.01(1);

    • (b) an offence under section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (6) For the purposes of subsection (5), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 84
  • R.S., 1985, c. 27 (1st Supp.), ss. 185(F), 186
  • 1991, c. 40, s. 2
  • 1995, c. 39, s. 139
  • 1998, c. 30, s. 16
  • 2003, c. 8, s. 2
  • 2008, c. 6, s. 2
  • 2009, c. 22, s. 2
  • 2015, c. 3, s. 45, c. 27, s. 18

Use Offences

Marginal note:Using firearm in commission of offence

  • 85 (1) Every person commits an offence who uses a firearm, whether or not the person causes or means to cause bodily harm to any person as a result of using the firearm,

    • (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 244.2 (discharging firearm — recklessness), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage taking), 344 (robbery) or 346 (extortion);

    • (b) while attempting to commit an indictable offence; or

    • (c) during flight after committing or attempting to commit an indictable offence.

  • Marginal note:Using imitation firearm in commission of offence

    (2) Every person commits an offence who uses an imitation firearm

    • (a) while committing an indictable offence,

    • (b) while attempting to commit an indictable offence, or

    • (c) during flight after committing or attempting to commit an indictable offence,

    whether or not the person causes or means to cause bodily harm to any person as a result of using the imitation firearm.

  • Marginal note:Punishment

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

    • (a) in the case of a first offence, except as provided in paragraph (b), to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of one year; and

    • (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

    • (c)[Repealed, 2008, c. 6, s. 3]

  • Marginal note:Sentences to be served consecutively

    (4) A sentence imposed on a person for an offence under subsection (1) or (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 (1) or (2).

  • R.S., 1985, c. C-46, s. 85
  • 1995, c. 39, s. 139
  • 2003, c. 8, s. 3
  • 2008, c. 6, s. 3
  • 2009, c. 22, s. 3

Marginal note:Careless use of firearm, etc.

  • 86 (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.

  • Marginal note:Contravention of storage regulations, etc.

    (2) Every person commits an offence who contravenes a regulation made under paragraph 117(h) of the Firearms Act respecting the storage, handling, transportation, shipping, display, advertising and mail-order sales of firearms and restricted weapons.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment

      • (i) in the case of a first offence, for a term not exceeding two years, and

      • (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 86
  • 1991, c. 40, s. 3
  • 1995, c. 39, s. 139

Marginal note:Pointing a firearm

  • 87 (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 87
  • 1995, c. 39, s. 139

Possession Offences

Marginal note:Possession of weapon for dangerous purpose

  • 88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 88
  • 1995, c. 39, s. 139

Marginal note:Carrying weapon while attending public meeting

  • 89 (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 89
  • 1995, c. 39, s. 139

Marginal note:Carrying concealed weapon

  • 90 (1) Every person commits an offence who carries a weapon, a prohibited device or any prohibited ammunition concealed, unless the person is authorized under the Firearms Act to carry it concealed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 90
  • 1991, c. 28, s. 6, c. 40, ss. 4, 35
  • 1994, c. 44, s. 6
  • 1995, c. 39, s. 139

Marginal note:Unauthorized possession of firearm

  • 91 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm without being the holder of

    • (a) a licence under which the person may possess it; and

    • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:Unauthorized possession of prohibited weapon or restricted weapon

    (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, without being the holder of a licence under which the person may possess it.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

    • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

      • (i) lawfully disposes of it, or

      • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • (5)[Repealed, 2012, c. 6, s. 2]

  • R.S., 1985, c. C-46, s. 91
  • 1991, c. 28, s. 7, c. 40, ss. 5, 36
  • 1995, c. 22, s. 10, c. 39, s. 139
  • 2008, c. 6, s. 4
  • 2012, c. 6, s. 2
  • 2015, c. 27, s. 19

Marginal note:Possession of firearm knowing its possession is unauthorized

  • 92 (1) Subject to subsection (4), every person commits an offence who possesses a prohibited firearm, a restricted firearm or a non-restricted firearm knowing that the person is not the holder of

    • (a) a licence under which the person may possess it; and

    • (b) in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • Marginal note:Possession of prohibited weapon, device or ammunition knowing its possession is unauthorized

    (2) Subject to subsection (4), every person commits an offence who possesses a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition knowing that the person is not the holder of a licence under which the person may possess it.

  • Marginal note:Punishment

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

    • (a) in the case of a first offence, to imprisonment for a term not exceeding ten years;

    • (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and

    • (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

  • Marginal note:Exceptions

    (4) Subsections (1) and (2) do not apply to

    • (a) a person who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition while the person is under the direct and immediate supervision of a person who may lawfully possess it, for the purpose of using it in a manner in which the supervising person may lawfully use it; or

    • (b) a person who comes into possession of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition by the operation of law and who, within a reasonable period after acquiring possession of it,

      • (i) lawfully disposes of it, or

      • (ii) obtains a licence under which the person may possess it and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it.

  • (5) and (6)[Repealed, 2012, c. 6, s. 3]

  • R.S., 1985, c. C-46, s. 92
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 1991, c. 40, s. 7
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 5
  • 2012, c. 6, s. 3
  • 2015, c. 27, s. 20

Marginal note:Possession at unauthorized place

  • 93 (1) Subject to subsection (3), every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses them at a place that is

    • (a) indicated on the authorization or licence as being a place where the person may not possess it;

    • (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or

    • (c) other than a place where it may be possessed under the Firearms Act.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who possesses a replica firearm.

  • R.S., 1985, c. C-46, s. 93
  • 1991, c. 40, s. 8
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 6
  • 2015, c. 27, s. 21

Marginal note:Unauthorized possession in motor vehicle

  • 94 (1) Subject to subsections (3) and (4), every person commits an offence who is an occupant of a motor vehicle in which the person knows there is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, other than a replica firearm, or any prohibited ammunition, unless

    • (a) in the case of a prohibited firearm, a restricted firearm or a non-restricted firearm,

      • (i) the person or any other occupant of the motor vehicle is the holder of

        • (A) a licence under which the person or other occupant may possess the firearm, and

        • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it,

      • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was the holder of

        • (A) a licence under which that other occupant may possess the firearm, and

        • (B) in the case of a prohibited firearm or a restricted firearm, an authorization and a registration certificate for it, or

      • (iii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament; and

    • (b) in the case of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

      • (i) the person or any other occupant of the motor vehicle is the holder of an authorization or a licence under which the person or other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

      • (ii) the person had reasonable grounds to believe that any other occupant of the motor vehicle was

        • (A) the holder of an authorization or a licence under which the other occupant may transport the prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

        • (B) a person who could not be convicted of an offence under this Act by reason of sections 117.07 to 117.1 or any other Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to an occupant of a motor vehicle who, on becoming aware of the presence of the firearm, weapon, device or ammunition in the motor vehicle, attempted to leave the motor vehicle, to the extent that it was feasible to do so, or actually left the motor vehicle.

  • Marginal note:Exception

    (4) Subsection (1) does not apply to an occupant of a motor vehicle when the occupant or any other occupant of the motor vehicle is a person who came into possession of the firearm, weapon, device or ammunition by the operation of law.

  • (5)[Repealed, 2012, c. 6, s. 4]

  • R.S., 1985, c. C-46, s. 94
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 7
  • 2012, c. 6, s. 4
  • 2015, c. 27, s. 22

Marginal note:Possession of prohibited or restricted firearm with ammunition

  • 95 (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, without being the holder of

    • (a) an authorization or a licence under which the person may possess the firearm in that place; and

    • (b) the registration certificate for the firearm.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, three years, and

      • (ii) in the case of a second or subsequent offence, five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who is using the firearm under the direct and immediate supervision of another person who is lawfully entitled to possess it and is using the firearm in a manner in which that other person may lawfully use it.

  • R.S., 1985, c. C-46, s. 95
  • 1991, c. 28, s. 8, c. 40, ss. 9, 37
  • 1993, c. 25, s. 93
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 8
  • 2012, c. 6, s. 5(E)
  • 2019, c. 25, s. 25

Marginal note:Possession of weapon obtained by commission of offence

  • 96 (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) Subsection (1) does not apply to a person who comes into possession of anything referred to in that subsection by the operation of law and who lawfully disposes of it within a reasonable period after acquiring possession of it.

  • R.S., 1985, c. C-46, s. 96
  • 1995, c. 39, s. 139
  • 2019, c. 25, s. 26

97  [Repealed before coming into force, 2008, c. 20, s. 3]

Marginal note:Breaking and entering to steal firearm

  • 98 (1) Every person commits an offence who

    • (a) breaks and enters a place with intent to steal a firearm located in it;

    • (b) breaks and enters a place and steals a firearm located in it; or

    • (c) breaks out of a place after

      • (i) stealing a firearm located in it, or

      • (ii) entering the place with intent to steal a firearm located in it.

  • Definitions of break and place

    (2) In this section, break has the same meaning as in section 321, and place means any building or structure — or part of one — and any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Entrance

    (3) For the purposes of this section,

    • (a) a person enters as soon as any part of his or her body or any part of an instrument that he or she uses is within any thing that is being entered; and

    • (b) a person is deemed to have broken and entered if he or she

      • (i) obtained entrance by a threat or an artifice or by collusion with a person within, or

      • (ii) entered without lawful justification or excuse by a permanent or temporary opening.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 98
  • R.S., 1985, c. 27 (1st Supp.), s. 13
  • 1991, c. 40, s. 11
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 9

Marginal note:Robbery to steal firearm

98.1  Every person who commits a robbery within the meaning of section 343 with intent to steal a firearm or in the course of which he or she steals a firearm commits an indictable offence and is liable to imprisonment for life.

  • 2008, c. 6, s. 9

Trafficking Offences

Marginal note:Weapons trafficking

  • 99 (1) Every person commits an offence who

    • (a) manufactures or transfers, whether or not for consideration, or

    • (b) offers to do anything referred to in paragraph (a) in respect of

    a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 99
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 10
  • 2015, c. 27, s. 23

Marginal note:Possession for purpose of weapons trafficking

  • 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition for the purpose of

    • (a) transferring it, whether or not for consideration, or

    • (b) offering to transfer it,

    knowing that the person is not authorized to transfer it under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (3) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 100
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 14, 203, c. 27 (2nd Supp.), s. 10, c. 1 (4th Supp.), s. 18(F)
  • 1990, c. 16, s. 2, c. 17, s. 8
  • 1991, c. 40, s. 12
  • 1992, c. 51, s. 33
  • 1995, c. 22, ss. 10, 18(F), c. 39, s. 139
  • 1996, c. 19, s. 65
  • 2008, c. 6, s. 11
  • 2015, c. 27, s. 24

Marginal note:Transfer without authority

  • 101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 101
  • 1991, c. 40, s. 13
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 25

Assembling Offence

Marginal note:Making automatic firearm

  • 102 (1) Every person commits an offence who, without lawful excuse, alters a firearm so that it is capable of, or manufactures or assembles any firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 102
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1991, c. 28, s. 9, c. 40, s. 14
  • 1995, c. 39, s. 139
  • 2019, c. 25, s. 27

Export and Import Offences

Marginal note:Importing or exporting knowing it is unauthorized

  • 103 (1) Every person commits an offence who imports or exports

    • (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

    • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

    knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment — firearm

    (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (a) in the case of a first offence, three years; and

    • (b) in the case of a second or subsequent offence, five years.

  • Marginal note:Punishment — other cases

    (2.1) In any other case, a person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of one year.

  • (3)[Repealed, 2019, c. 25, s. 28]

  • R.S., 1985, c. C-46, s. 103
  • 1991, c. 40, s. 15
  • 1995, c. 39, s. 139
  • 2008, c. 6, s. 12
  • 2015, c. 27, s. 26
  • 2019, c. 25, s. 28

Marginal note:Unauthorized importing or exporting

  • 104 (1) Every person commits an offence who imports or exports

    • (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or

    • (b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

    otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • (3)[Repealed, 2019, c. 25, s. 29]

  • R.S., 1985, c. C-46, s. 104
  • 1991, c. 40, s. 16
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 27
  • 2019, c. 25, s. 29

Offences relating to Lost, Destroyed or Defaced Weapons, etc.

Marginal note:Losing or finding

  • 105 (1) Every person commits an offence who

    • (a) having lost a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate, or having had it stolen from the person's possession, does not with reasonable despatch report the loss to a peace officer, to a firearms officer or a chief firearms officer; or

    • (b) on finding a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person has reasonable grounds to believe has been lost or abandoned, does not with reasonable despatch deliver it to a peace officer, a firearms officer or a chief firearms officer or report the finding to a peace officer, a firearms officer or a chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 105
  • 1991, c. 28, s. 10, c. 40, ss. 18, 39
  • 1994, c. 44, s. 7
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 28

Marginal note:Destroying

  • 106 (1) Every person commits an offence who

    • (a) after destroying any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition, or

    • (b) on becoming aware of the destruction of any prohibited firearm, restricted firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that was in the person's possession before its destruction,

    does not with reasonable despatch report the destruction to a peace officer, firearms officer or chief firearms officer.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 106
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1991, c. 40, s. 19
  • 1995, c. 22, s. 10, c. 39, s. 139
  • 2012, c. 6, s. 6

Marginal note:False statements

  • 107 (1) Every person commits an offence who knowingly makes, before a peace officer, firearms officer or chief firearms officer, a false report or statement concerning the loss, theft or destruction of a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition, an authorization, a licence or a registration certificate.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Definition of report or statement

    (3) In this section, report or statement means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not.

  • R.S., 1985, c. C-46, s. 107
  • 1991, c. 40, s. 20
  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 29

Marginal note:Tampering with serial number

  • 108 (1) Every person commits an offence who, without lawful excuse,

    • (a) alters, defaces or removes a serial number on a firearm; or

    • (b) possesses a firearm knowing that the serial number on it has been altered, defaced or removed.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) No person is guilty of an offence under paragraph (1)(b) by reason only of possessing a prohibited firearm or restricted firearm the serial number on which has been altered, defaced or removed, if that serial number has been replaced and a registration certificate in respect of the firearm has been issued setting out a new serial number for the firearm.

  • Marginal note:Evidence

    (4) In proceedings for an offence under subsection (1), evidence that a person possesses a firearm the serial number on which has been wholly or partially obliterated otherwise than through normal use over time is, in the absence of evidence to the contrary, proof that the person possesses the firearm knowing that the serial number on it has been altered, defaced or removed.

  • R.S., 1985, c. C-46, s. 108
  • 1991, c. 40, s. 20
  • 1995, c. 39, s. 139
  • 2012, c. 6, s. 7
  • 2018, c. 29, s. 6

Prohibition Orders

Marginal note:Mandatory prohibition order

  • 109 (1) Where a person is convicted, or discharged under section 730, of

    • (a) an indictable offence in the commission of which violence against a person was used, threatened or attempted and for which the person may be sentenced to imprisonment for ten years or more,

    • (a.1) an indictable offence in the commission of which violence was used, threatened or attempted against

      • (i) the person's intimate partner,

      • (ii) a child or parent of the person or of anyone referred to in subparagraph (i), or

      • (iii) any person who resides with the person or with anyone referred to in subparagraph (i) or (ii),

    • (b) an offence under subsection 85(1) (using firearm in commission of offence), subsection 85(2) (using imitation firearm in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),

    • (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act,

    • (c.1) an offence relating to the contravention of subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act, or

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

  • Marginal note:Duration of prohibition order — first offence

    (2) An order made under subsection (1) shall, in the case of a first conviction for or discharge from the offence to which the order relates, prohibit the person from possessing

    • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance during the period that

      • (i) begins on the day on which the order is made, and

      • (ii) ends not earlier than ten years after the person's release from imprisonment after conviction for the offence or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence; and

    • (b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life.

  • Marginal note:Duration of prohibition order — subsequent offences

    (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, ammunition and explosive substance for life.

  • Marginal note:Definition of release from imprisonment

    (4) In subparagraph (2)(a)(ii), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 109
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1991, c. 40, s. 21
  • 1995, c. 39, ss. 139, 190
  • 1996, c. 19, s. 65.1
  • 2003, c. 8, s. 4
  • 2015, c. 27, s. 30
  • 2018, c. 16, s. 208
  • 2019, c. 25, s. 30

Marginal note:Discretionary prohibition order

  • 110 (1) Where a person is convicted, or discharged under section 730, of

    • (a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or

    • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

    the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) against a person begins on the day on which the order is made and ends not later than ten years after the person's release from imprisonment after conviction for the offence to which the order relates or, if the person is not then imprisoned or subject to imprisonment, after the person's conviction for or discharge from the offence.

  • Marginal note:Exception

    (2.1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against

    • (a) the person's intimate partner;

    • (b) a child or parent of the person or of anyone referred to in paragraph (a); or

    • (c) any person who resides with the person or with anyone referred to in paragraph (a) or (b).

  • Marginal note:Reasons

    (3) Where the court does not make an order under subsection (1), or where the court does make such an order but does not prohibit the possession of everything referred to in that subsection, the court shall include in the record a statement of the court's reasons for not doing so.

  • Marginal note:Definition of release from imprisonment

    (4) In subsection (2), release from imprisonment means release from confinement by reason of expiration of sentence, commencement of statutory release or grant of parole.

  • Marginal note:Application of ss. 113 to 117

    (5) Sections 113 to 117 apply in respect of every order made under subsection (1).

  • R.S., 1985, c. C-46, s. 110
  • 1991, c. 40, ss. 23, 40
  • 1995, c. 39, ss. 139, 190
  • 2015, c. 27, s. 31
  • 2018, c. 16, s. 209
  • 2019, c. 25, s. 31

110.1 [Repealed, 2019, c. 25, s. 32]

Marginal note:Application for prohibition order

  • 111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

  • Marginal note:Date for hearing and notice

    (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

  • Marginal note:Hearing of application

    (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Prohibition order

    (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for such period, not exceeding five years, as is specified in the order, beginning on the day on which the order is made.

  • Marginal note:Reasons

    (6) Where a provincial court judge does not make an order under subsection (1), or where a provincial court judge does make such an order but does not prohibit the possession of everything referred to in that subsection, the provincial court judge shall include in the record a statement of the court's reasons.

  • Marginal note:Application of ss. 113 to 117

    (7) Sections 113 to 117 apply in respect of every order made under subsection (5).

  • Marginal note:Appeal by person or Attorney General

    (8) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (9) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

  • Marginal note:Application of Part XXVII to appeals

    (10) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (8) or (9), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • Definition of provincial court judge

    (11) In this section and sections 112, 117.011 and 117.012, provincial court judge means a provincial court judge having jurisdiction in the territorial division where the person against whom the application for an order was brought resides.

  • R.S., 1985, c. C-46, s. 111
  • 1991, c. 40, s. 24
  • 1995, c. 39, s. 139

Marginal note:Revocation of prohibition order under s. 111(5)

112  A provincial court judge may, on application by the person against whom an order is made under subsection 111(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

  • R.S., 1985, c. C-46, s. 112
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1991, c. 40, s. 26
  • 1995, c. 39, s. 139

Marginal note:Lifting of prohibition order for sustenance or employment

  • 113 (1) Where a person who is or will be a person against whom a prohibition order is made establishes to the satisfaction of a competent authority that

    • (a) the person needs a firearm or restricted weapon to hunt or trap in order to sustain the person or the person's family, or

    • (b) a prohibition order against the person would constitute a virtual prohibition against employment in the only vocation open to the person,

    the competent authority may, notwithstanding that the person is or will be subject to a prohibition order, make an order authorizing a chief firearms officer or the Registrar to issue, in accordance with such terms and conditions as the competent authority considers appropriate, an authorization, a licence or a registration certificate, as the case may be, to the person for sustenance or employment purposes.

  • Marginal note:Factors

    (2) A competent authority may make an order under subsection (1) only after taking the following factors into account:

    • (a) the criminal record, if any, of the person;

    • (b) the nature and circumstances of the offence, if any, in respect of which the prohibition order was or will be made; and

    • (c) the safety of the person and of other persons.

  • Marginal note:Effect of order

    (3) Where an order is made under subsection (1),

    • (a) an authorization, a licence or a registration certificate may not be denied to the person in respect of whom the order was made solely on the basis of a prohibition order against the person or the commission of an offence in respect of which a prohibition order was made against the person; and

    • (b) an authorization and a licence may, for the duration of the order, be issued to the person in respect of whom the order was made only for sustenance or employment purposes and, where the order sets out terms and conditions, only in accordance with those terms and conditions, but, for greater certainty, the authorization or licence may also be subject to terms and conditions set by the chief firearms officer that are not inconsistent with the purpose for which it is issued and any terms and conditions set out in the order.

  • Marginal note:When order can be made

    (4) For greater certainty, an order under subsection (1) may be made during proceedings for an order under subsection 109(1), 110(1), 111(5), 117.05(4) or 515(2), paragraph 732.1(3)(d) or subsection 810(3).

  • Meaning of competent authority

    (5) In this section, competent authority means the competent authority that made or has jurisdiction to make the prohibition order.

  • R.S., 1985, c. C-46, s. 113
  • 1991, c. 40, s. 27(E)
  • 1995, c. 22, s. 10, c. 39, ss. 139, 190

Marginal note:Requirement to surrender

114  A competent authority that makes a prohibition order against a person may, in the order, require the person to surrender to a peace officer, a firearms officer or a chief firearms officer

  • (a) any thing the possession of which is prohibited by the order that is in the possession of the person on the commencement of the order, and

  • (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the person on the commencement of the order,

and where the competent authority does so, it shall specify in the order a reasonable period for surrendering such things and documents and during which section 117.01 does not apply to that person.

  • R.S., 1985, c. C-46, s. 114
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1995, c. 22, s. 10, c. 39, s. 139

Marginal note:Forfeiture

  • 115 (1) Unless a prohibition order against a person specifies otherwise, every thing the possession of which is prohibited by the order is forfeited to Her Majesty if, on the commencement of the order, the thing is in the person's possession or has been seized and detained by, or surrendered to, a peace officer.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply in respect of an order made under section 515.

  • Marginal note:Disposal

    (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Attorney General directs.

  • R.S., 1985, c. C-46, s. 115
  • 1995, c. 39, s. 139
  • 2003, c. 8, s. 5
  • 2019, c. 9, s. 17

Marginal note:Authorizations revoked or amended

  • 116 (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.

  • Marginal note:Duration of revocation or amendment — orders under section 515

    (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force.

  • R.S., 1985, c. C-46, s. 116
  • 1991, c. 28, s. 11, c. 40, ss. 28, 41
  • 1995, c. 39, s. 139
  • 2003, c. 8, s. 6

Marginal note:Return to owner

117  Where the competent authority that makes a prohibition order or that would have had jurisdiction to make the order is, on application for an order under this section, satisfied that a person, other than the person against whom a prohibition order was or will be made,

  • (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 115(1) and is lawfully entitled to possess it, and

  • (b) in the case of a prohibition order under subsection 109(1) or 110(1), had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the prohibition order was made,

the competent authority shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

  • R.S., 1985, c. C-46, s. 117
  • 1991, c. 40, s. 29
  • 1995, c. 39, s. 139

Marginal note:Possession contrary to order

  • 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

  • Marginal note:Failure to surrender authorization, etc.

    (2) Every person commits an offence who wilfully fails to surrender to a peace officer, a firearms officer or a chief firearms officer any authorization, licence or registration certificate held by the person when the person is required to do so by any order made under this Act or any other Act of Parliament.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (4) Subsection (1) does not apply to a person who possessed a firearm in accordance with an authorization or licence issued to the person as the result of an order made under subsection 113(1).

  • 1995, c. 39, s. 139

Limitations on Access

Marginal note:Application for order

  • 117.011 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order under this section where the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that

    • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and

    • (b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.

  • Marginal note:Date for hearing and notice

    (2) On receipt of an application made under subsection (1), the provincial court judge shall fix a date for the hearing of the application and direct that notice of the hearing be given, in such manner as the provincial court judge may specify, to the person against whom the order is sought.

  • Marginal note:Hearing of application

    (3) Subject to subsection (4), at the hearing of an application made under subsection (1), the provincial court judge shall hear all relevant evidence presented by or on behalf of the applicant and the person against whom the order is sought.

  • Marginal note:Where hearing may proceed ex parte

    (4) A provincial court judge may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person against whom the order is sought in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Order

    (5) Where, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order in respect of the person against whom the order was sought imposing such terms and conditions on the person's use and possession of anything referred to in subsection (1) as the provincial court judge considers appropriate.

  • Marginal note:Terms and conditions

    (6) In determining terms and conditions under subsection (5), the provincial court judge shall impose terms and conditions that are the least intrusive as possible, bearing in mind the purpose of the order.

  • Marginal note:Appeal by person or Attorney General

    (7) Where a provincial court judge makes an order under subsection (5), the person to whom the order relates, or the Attorney General, may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (8) Where a provincial court judge does not make an order under subsection (5), the Attorney General may appeal to the superior court against the decision not to make an order.

  • Marginal note:Application of Part XXVII to appeals

    (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8), with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • 1995, c. 39, s. 139

Marginal note:Revocation of order under s. 117.011

117.012  A provincial court judge may, on application by the person against whom an order is made under subsection 117.011(5), revoke the order if satisfied that the circumstances for which it was made have ceased to exist.

  • 1995, c. 39, s. 139

Search and Seizure

Marginal note:Search and seizure without warrant where offence committed

  • 117.02 (1) Where a peace officer believes on reasonable grounds

    • (a) that a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

    • (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,

    and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.

  • Marginal note:Disposition of seized things

    (2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.

  • 1995, c. 39, s. 139

Marginal note:Seizure on failure to produce authorization

  • 117.03 (1) Despite section 117.02, a peace officer who finds

    • (a) a person in possession of a prohibited firearm, a restricted firearm or a non-restricted firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess the firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate for it, or

    • (b) a person in possession of a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully possess it,

    may seize the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition unless its possession by the person in the circumstances in which it is found is authorized by any provision of this Part, or the person is under the direct and immediate supervision of another person who may lawfully possess it.

  • Marginal note:Return of seized thing on production of authorization

    (2) If a person from whom any thing is seized under subsection (1) claims the thing within 14 days after the seizure and produces for inspection by the peace officer by whom it was seized, or any other peace officer having custody of it,

    • (a) a licence under which the person is lawfully entitled to possess it, and

    • (b) in the case of a prohibited firearm or a restricted firearm, an authorization and registration certificate for it,

    the thing shall without delay be returned to that person.

  • Marginal note:Forfeiture of seized thing

    (3) Where any thing seized pursuant to subsection (1) is not claimed and returned as and when provided by subsection (2), a peace officer shall forthwith take the thing before a provincial court judge, who may, after affording the person from whom it was seized or its owner, if known, an opportunity to establish that the person is lawfully entitled to possess it, declare it to be forfeited to Her Majesty, to be disposed of or otherwise dealt with as the Attorney General directs.

  • 1995, c. 39, s. 139
  • 2012, c. 6, s. 8
  • 2015, c. 27, s. 33

Marginal note:Application for warrant to search and seize

  • 117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Search and seizure without warrant

    (2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

  • Marginal note:Return to justice

    (3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

    • (a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and

    • (b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

  • Marginal note:Authorizations, etc., revoked

    (4) Where a peace officer who seizes any thing under subsection (1) or (2) is unable at the time of the seizure to seize an authorization or a licence under which the person from whom the thing was seized may possess the thing and, in the case of a seized firearm, a registration certificate for the firearm, every authorization, licence and registration certificate held by the person is, as at the time of the seizure, revoked.

  • 1995, c. 39, s. 139
  • 2004, c. 12, s. 3

Marginal note:Application for disposition

  • 117.05 (1) Where any thing or document has been seized under subsection 117.04(1) or (2), the justice who issued the warrant authorizing the seizure or, if no warrant was issued, a justice who might otherwise have issued a warrant, shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to such persons or in such manner as the justice may specify.

  • Marginal note: Ex parte hearing

    (2) A justice may proceed ex parte to hear and determine an application made under subsection (1) in the absence of the person from whom the thing or document was seized in the same circumstances as those in which a summary conviction court may, under Part XXVII, proceed with a trial in the absence of the defendant.

  • Marginal note:Hearing of application

    (3) At the hearing of an application made under subsection (1), the justice shall hear all relevant evidence, including evidence respecting the value of the thing in respect of which the application was made.

  • Marginal note:Forfeiture and prohibition order on finding

    (4) Where, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall

    • (a) order that any thing seized be forfeited to Her Majesty or be otherwise disposed of; and

    • (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.

  • Marginal note:Reasons

    (5) Where a justice does not make an order under subsection (4), or where a justice does make such an order but does not prohibit the possession of all of the things referred to in that subsection, the justice shall include in the record a statement of the justice's reasons.

  • Marginal note:Application of ss. 113 to 117

    (6) Sections 113 to 117 apply in respect of every order made under subsection (4).

  • Marginal note:Appeal by person

    (7) Where a justice makes an order under subsection (4) in respect of a person, or in respect of any thing that was seized from a person, the person may appeal to the superior court against the order.

  • Marginal note:Appeal by Attorney General

    (8) Where a justice does not make a finding as described in subsection (4) following the hearing of an application under subsection (1), or makes the finding but does not make an order to the effect described in paragraph (4)(b), the Attorney General may appeal to the superior court against the failure to make the finding or to make an order to the effect so described.

  • Marginal note:Application of Part XXVII to appeals

    (9) The provisions of Part XXVII, except sections 785 to 812, 816 to 819 and 829 to 838, apply in respect of an appeal made under subsection (7) or (8) with such modifications as the circumstances require and as if each reference in that Part to the appeal court were a reference to the superior court.

  • 1995, c. 39, s. 139

Marginal note:Where no finding or application

  • 117.06 (1) Any thing or document seized pursuant to subsection 117.04(1) or (2) shall be returned to the person from whom it was seized if

    • (a) no application is made under subsection 117.05(1) within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be; or

    • (b) an application is made under subsection 117.05(1) within the period referred to in paragraph (a), and the justice does not make a finding as described in subsection 117.05(4).

  • Marginal note:Restoration of authorizations

    (2) Where, pursuant to subsection (1), any thing is returned to the person from whom it was seized and an authorization, a licence or a registration certificate, as the case may be, is revoked pursuant to subsection 117.04(4), the justice referred to in paragraph (1)(b) may order that the revocation be reversed and that the authorization, licence or registration certificate be restored.

  • 1995, c. 39, s. 139

Exempted Persons

Marginal note:Public officers

  • 117.07 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no public officer is guilty of an offence under this Act or the Firearms Act by reason only that the public officer

    • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance in the course of or for the purpose of the public officer's duties or employment;

    • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of the public officer's duties or employment;

    • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of the public officer's duties or employment;

    • (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm in the course of the public officer's duties or employment;

    • (e) in the course of the public officer's duties or employment, alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger;

    • (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of the public officer's duties or employment or the destruction of any such thing in the course of the public officer's duties or employment; or

    • (g) alters a serial number on a firearm in the course of the public officer's duties or employment.

  • Definition of public officer

    (2) In this section, public officer means

    • (a) a peace officer;

    • (b) a member of the Canadian Forces or of the armed forces of a state other than Canada who is attached or seconded to any of the Canadian Forces;

    • (c) an operator of a museum established by the Chief of the Defence Staff or a person employed in any such museum;

    • (d) a member of a cadet organization under the control and supervision of the Canadian Forces;

    • (e) a person training to become a police officer or a peace officer under the control and supervision of

      • (i) a police force, or

      • (ii) a police academy or similar institution designated by the Attorney General of Canada or the lieutenant governor in council of a province;

    • (f) a member of a visiting force, within the meaning of section 2 of the Visiting Forces Act, who is authorized under paragraph 14(a) of that Act to possess and carry explosives, ammunition and firearms;

    • (g) a person, or member of a class of persons, employed in the federal public administration or by the government of a province or municipality who is prescribed to be a public officer; or

    • (h) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act.

  • 1995, c. 39, s. 139
  • 2003, c. 8, s. 7, c. 22, s. 224(E)

Marginal note:Preclearance officers

117.071  Despite any other provision of this Act, but subject to section 117.1, no preclearance officer , as defined in section 5 of the Preclearance Act, 2016, is guilty of an offence under this Act or the Firearms Act by reason only that the preclearance officer

  • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of or for the purpose of their duties or employment;

  • (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition in the course of their duties or employment;

  • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition in the course of their duties or employment; or

  • (d) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance that occurs in the course of their duties or employment or the destruction of any such thing in the course of their duties or employment.

  • 2017, c. 27, s. 61

Marginal note:Individuals acting for police force, Canadian Forces and visiting forces

117.08  Notwithstanding any other provision of this Act, but subject to section 117.1, no individual is guilty of an offence under this Act or the Firearms Act by reason only that the individual

  • (a) possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any prohibited ammunition or an explosive substance,

  • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or any prohibited ammunition,

  • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition,

  • (d) exports or imports a component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,

  • (e) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger,

  • (f) fails to report the loss, theft or finding of any firearm, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance or the destruction of any such thing, or

  • (g) alters a serial number on a firearm,

if the individual does so on behalf of, and under the authority of, a police force, the Canadian Forces, a visiting force, within the meaning of section 2 of the Visiting Forces Act, or a department of the Government of Canada or of a province.

  • 1995, c. 39, s. 139

Marginal note:Employees of business with licence

  • 117.09 (1) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is the holder of a licence to possess and acquire restricted firearms and who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence that authorizes the business to carry out specified activities in relation to prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment in relation to those specified activities,

    • (a) possesses a prohibited firearm, a prohibited weapon, a prohibited device or any prohibited ammunition;

    • (b) manufactures or transfers, or offers to manufacture or transfer, a prohibited weapon, a prohibited device or any prohibited ammunition;

    • (c) alters a firearm so that it is capable of, or manufactures or assembles any firearm with intent to produce a firearm that is capable of, discharging projectiles in rapid succession during one pressure of the trigger; or

    • (d) alters a serial number on a firearm.

  • Marginal note:Employees of business with licence

    (2) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a business as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses, manufactures or transfers, or offers to manufacture or transfer, a partially manufactured barrelled weapon that, in its unfinished state, is not a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person.

  • Marginal note:Employees of carriers

    (3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual's duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.

  • Marginal note:Employees of museums handling functioning imitation antique firearm

    (4) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual, in the course of the individual's duties or employment, possesses or transfers a firearm that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm if the individual has been trained to handle and use such a firearm.

  • Marginal note:Employees of museums handling firearms generally

    (5) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a museum as defined in subsection 2(1) of the Firearms Act that itself is the holder of a licence is guilty of an offence under this Act or the Firearms Act by reason only that the individual possesses or transfers a firearm in the course of the individual's duties or employment if the individual is designated, by name, by a provincial minister within the meaning of subsection 2(1) of the Firearms Act.

  • Marginal note:Public safety

    (6) A provincial minister shall not designate an individual for the purpose of subsection (5) where it is not desirable, in the interests of the safety of any person, to designate the individual.

  • Marginal note:Conditions

    (7) A provincial minister may attach to a designation referred to in subsection (5) any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.

  • 1995, c. 39, s. 139

Marginal note:Restriction

117.1  Sections 117.07 to 117.09 do not apply if the public officer or the individual is subject to a prohibition order and acts contrary to that order or to an authorization or a licence issued under the authority of an order made under subsection 113(1).

  • 1995, c. 39, s. 139

General

Marginal note:Onus on the accused

117.11  Where, in any proceedings for an offence under any of sections 89, 90, 91, 93, 97, 101, 104 and 105, any question arises as to whether a person is the holder of an authorization, a licence or a registration certificate, the onus is on the accused to prove that the person is the holder of the authorization, licence or registration certificate.

  • 1995, c. 39, s. 139

Marginal note:Authorizations, etc., as evidence

  • 117.12 (1) In any proceedings under this Act or any other Act of Parliament, a document purporting to be an authorization, a licence or a registration certificate is evidence of the statements contained therein.

  • Marginal note:Certified copies

    (2) In any proceedings under this Act or any other Act of Parliament, a copy of any authorization, licence or registration certificate is, if certified as a true copy by the Registrar or a chief firearms officer, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the authorization, licence or registration certificate would have had if it had been proved in the ordinary way.

  • 1995, c. 39, s. 139

Marginal note:Certificate of analyst

  • 117.13 (1) A certificate purporting to be signed by an analyst stating that the analyst has analyzed any weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or any part or component of such a thing, and stating the results of the analysis is evidence in any proceedings in relation to any of those things under this Act or under section 19 of the Export and Import Permits Act in relation to subsection 15(2) of that Act without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate of an analyst may be admitted in evidence unless the party intending to produce it has, before the trial, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

  • (4) and (5)[Repealed, 2008, c. 18, s. 2]

  • 1995, c. 39, s. 139
  • 2008, c. 18, s. 2

Marginal note:Amnesty period

  • 117.14 (1) The Governor in Council may, by order, declare for any purpose referred to in subsection (2) any period as an amnesty period with respect to any weapon, prohibited device, prohibited ammunition, explosive substance or component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm.

  • Marginal note:Purposes of amnesty period

    (2) An order made under subsection (1) may declare an amnesty period for the purpose of

    • (a) permitting any person in possession of any thing to which the order relates to do anything provided in the order, including, without restricting the generality of the foregoing, delivering the thing to a peace officer, a firearms officer or a chief firearms officer, registering it, destroying it or otherwise disposing of it; or

    • (b) permitting alterations to be made to any prohibited firearm, prohibited weapon, prohibited device or prohibited ammunition to which the order relates so that it no longer qualifies as a prohibited firearm, a prohibited weapon, a prohibited device or prohibited ammunition, as the case may be.

  • Marginal note:Reliance on amnesty period

    (3) No person who, during an amnesty period declared by an order made under subsection (1) and for a purpose described in the order, does anything provided for in the order, is, by reason only of the fact that the person did that thing, guilty of an offence under this Part.

  • Marginal note:Proceedings are a nullity

    (4) Any proceedings taken under this Part against any person for anything done by the person in reliance of this section are a nullity.

  • 1995, c. 39, s. 139

Marginal note:Regulations

  • 117.15 (1) Subject to subsection (2), the Governor in Council may make regulations prescribing anything that by this Part is to be or may be prescribed.

  • Marginal note:Restriction

    (2) In making regulations, the Governor in Council may not prescribe any thing to be a prohibited firearm, a restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition if, in the opinion of the Governor in Council, the thing to be prescribed is reasonable for use in Canada for hunting or sporting purposes.

  • Marginal note:Non-restricted firearm

    (3) Despite the definitions prohibited firearm and restricted firearm in subsection 84(1), a firearm that is prescribed to be a non-restricted firearm is deemed not to be a prohibited firearm or a restricted firearm.

  • Marginal note:Restricted firearm

    (4) Despite the definition prohibited firearm in subsection 84(1), a firearm that is prescribed to be a restricted firearm is deemed not to be a prohibited firearm.

  • 1995, c. 39, s. 139
  • 2015, c. 27, s. 34

PART IV Offences Against the Administration of Law and Justice

Interpretation

Marginal note:Definitions

118  In this Part,

evidence

evidence or statement  means an assertion of fact, opinion, belief or knowledge, whether material or not and whether admissible or not; (témoignage, déposition ou déclaration)

government

government  means

  • (a) the Government of Canada,

  • (b) the government of a province, or

  • (c) Her Majesty in right of Canada or a province; (gouvernement)

judicial proceeding

judicial proceeding  means a proceeding

  • (a) in or under the authority of a court of justice,

  • (b) before the Senate or House of Commons or a committee of the Senate or House of Commons, or before a legislative council, legislative assembly or house of assembly or a committee thereof that is authorized by law to administer an oath,

  • (c) before a court, judge, justice, provincial court judge or coroner,

  • (d) before an arbitrator or umpire, or a person or body of persons authorized by law to make an inquiry and take evidence therein under oath, or

  • (e) before a tribunal by which a legal right or legal liability may be established,

whether or not the proceeding is invalid for want of jurisdiction or for any other reason; (procédure judiciaire)

office

office  includes

  • (a) an office or appointment under the government,

  • (b) a civil or military commission, and

  • (c) a position or an employment in a public department; (charge ou emploi)

official

official  means a person who

  • (a) holds an office, or

  • (b) is appointed or elected to discharge a public duty; (fonctionnaire)

witness

witness  means a person who gives evidence orally under oath or by affidavit in a judicial proceeding, whether or not he is competent to be a witness, and includes a child of tender years who gives evidence but does not give it under oath, because, in the opinion of the person presiding, the child does not understand the nature of an oath. (témoin)

  • R.S., 1985, c. C-46, s. 118
  • R.S., 1985, c. 27 (1st Supp.), ss. 15, 203
  • 2007, c. 13, s. 2

Corruption and Disobedience

Marginal note:Bribery of judicial officers, etc.

  • 119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

    • (a) being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

    • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.

  • Marginal note:Consent of Attorney General

    (2) No proceedings against a person who holds a judicial office shall be instituted under this section without the consent in writing of the Attorney General of Canada.

  • R.S., 1985, c. C-46, s. 119
  • 2007, c. 13, s. 3

Marginal note:Bribery of officers

120  Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who

  • (a) being a justice, police commissioner, peace officer, public officer or officer of a juvenile court, or being employed in the administration of criminal law, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment with intent

    • (i) to interfere with the administration of justice,

    • (ii) to procure or facilitate the commission of an offence, or

    • (iii) to protect from detection or punishment a person who has committed or who intends to commit an offence; or

  • (b) directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment with intent that the person should do anything mentioned in subparagraph (a)(i), (ii) or (iii).

  • R.S., 1985, c. C-46, s. 120
  • 2007, c. 13, s. 4

Marginal note:Frauds on the government

  • 121 (1) Every one commits an offence who

    • (a) directly or indirectly

      • (i) gives, offers or agrees to give or offer to an official or to any member of his family, or to any one for the benefit of an official, or

      • (ii) being an official, demands, accepts or offers or agrees to accept from any person for himself or another person,

      a loan, reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (iii) the transaction of business with or any matter of business relating to the government, or

      • (iv) a claim against Her Majesty or any benefit that Her Majesty is authorized or is entitled to bestow,

      whether or not, in fact, the official is able to cooperate, render assistance, exercise influence or do or omit to do what is proposed, as the case may be;

    • (b) having dealings of any kind with the government, directly or indirectly pays a commission or reward to or confers an advantage or benefit of any kind on an employee or official of the government with which the dealings take place, or to any member of the employee's or official's family, or to anyone for the benefit of the employee or official, with respect to those dealings, unless the person has the consent in writing of the head of the branch of government with which the dealings take place;

    • (c) being an official or employee of the government, directly or indirectly demands, accepts or offers or agrees to accept from a person who has dealings with the government a commission, reward, advantage or benefit of any kind for themselves or another person, unless they have the consent in writing of the head of the branch of government that employs them or of which they are an official;

    • (d) having or pretending to have influence with the government or with a minister of the government or an official, directly or indirectly demands, accepts or offers or agrees to accept, for themselves or another person, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence or an act or omission in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including themselves, to an office;

    • (e) directly or indirectly gives or offers, or agrees to give or offer, to a minister of the government or an official, or to anyone for the benefit of a minister or an official, a reward, advantage or benefit of any kind as consideration for cooperation, assistance, exercise of influence, or an act or omission, by that minister or official, in connection with

      • (i) anything mentioned in subparagraph (a)(iii) or (iv), or

      • (ii) the appointment of any person, including themselves, to an office; or

    • (f) having made a tender to obtain a contract with the government,

      • (i) directly or indirectly gives or offers, or agrees to give or offer, to another person who has made a tender, to a member of that person's family or to another person for the benefit of that person, a reward, advantage or benefit of any kind as consideration for the withdrawal of the tender of that person, or

      • (ii) directly or indirectly demands, accepts or offers or agrees to accept from another person who has made a tender a reward, advantage or benefit of any kind for themselves or another person as consideration for the withdrawal of their own tender.

  • Marginal note:Contractor subscribing to election fund

    (2) Every one commits an offence who, in order to obtain or retain a contract with the government, or as a term of any such contract, whether express or implied, directly or indirectly subscribes or gives, or agrees to subscribe or give, to any person any valuable consideration

    • (a) for the purpose of promoting the election of a candidate or a class or party of candidates to Parliament or the legislature of a province; or

    • (b) with intent to influence or affect in any way the result of an election conducted for the purpose of electing persons to serve in Parliament or the legislature of a province.

  • Marginal note:Punishment

    (3) Every person who commits an offence under this section 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.

  • R.S., 1985, c. C-46, s. 121
  • 2007, c. 13, s. 5
  • 2019, c. 25, s. 33

Marginal note:Selling, etc., of tobacco products and raw leaf tobacco

  • 121.1 (1) No person shall sell, offer for sale, transport, deliver, distribute or have in their possession for the purpose of sale a tobacco product, or raw leaf tobacco that is not packaged, unless it is stamped. The terms tobacco product , raw leaf tobacco , packaged and stamped have the same meanings as in section 2 of the Excise Act, 2001.

  • Marginal note:Exceptions — subsections 30(2) and 32(2) and (3) of Excise Act, 2001

    (2) Subsection (1) does not apply in any of the circumstances described in any of subsections 30(2) and 32(2) and (3) of the Excise Act, 2001.

  • Marginal note:Exception — section 31 of Excise Act, 2001

    (3) A tobacco grower does not contravene subsection (1) by reason only that they have in their possession raw leaf tobacco described in paragraph 31(a), (b) or (c) of the Excise Act, 2001.

  • Marginal note:Punishment

    (4) Every person who contravenes subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years and, if the amount of tobacco product is 10,000 cigarettes or more or 10 kg or more of any other tobacco product, or the amount of raw leaf tobacco is 10 kg or more,

      • (i) in the case of a second offence, to a minimum punishment of imprisonment for a term of 90 days,

      • (ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and

      • (iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Subsequent offences

    (5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

  • 2014, c. 23, s. 3
  • 2019, c. 25, s. 34

Marginal note:Breach of trust by public officer

122  Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, 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.

  • R.S., 1985, c. C-46, s. 122
  • 2019, c. 25, s. 35

Marginal note:Municipal corruption

  • 123 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

    • (a) to abstain from voting at a meeting of the municipal council or a committee of the council;

    • (b) to vote in favour of or against a measure, motion or resolution;

    • (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or

    • (d) to perform or fail to perform an official act.

  • Marginal note:Influencing municipal official

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)(a) to (d) by

    • (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth;

    • (b) threats or deceit; or

    • (c) any unlawful means.

  • Definition of municipal official

    (3) In this section, municipal official means a member of a municipal council or a person who holds an office under a municipal government.

  • R.S., 1985, c. C-46, s. 123
  • R.S., 1985, c. 27 (1st Supp.), s. 16
  • 2007, c. 13, s. 6
  • 2019, c. 25, s. 36

Marginal note:Selling or purchasing office

124  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or

  • (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so.

  • R.S., 1985, c. C-46, s. 124
  • 2019, c. 25, s. 37

Marginal note:Influencing or negotiating appointments or dealing in offices

125  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office,

  • (b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or

  • (c) keeps without lawful authority a place for transacting or negotiating any business relating to

    • (i) the filling of vacancies in offices,

    • (ii) the sale or purchase of offices, or

    • (iii) appointments to or resignations from offices.

  • R.S., 1985, c. C-46, s. 125
  • 2018, c. 29, s. 7
  • 2019, c. 25, s. 38

Marginal note:Disobeying a statute

  • 126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Attorney General of Canada may act

    (2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government.

  • R.S., 1985, c. C-46, s. 126
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 2019, c. 25, s. 39

Marginal note:Disobeying order of court

  • 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Attorney General of Canada may act

    (2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner.

  • R.S., 1985, c. C-46, s. 127
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 2005, c. 32, s. 1

Marginal note:Misconduct of officers executing process

128  Every peace officer or coroner is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being entrusted with the execution of a process, intentionally

  • (a) misconducts himself in the execution of the process, or

  • (b) makes a false return to the process.

  • R.S., 1985, c. C-46, s. 128
  • 2019, c. 25, s. 40

Marginal note:Offences relating to public or peace officer

129  Every one who

  • (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

  • (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

  • (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

  • (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

  • (e) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 118
  • 1972, c. 13, s. 7

Marginal note:Personating peace officer

  • 130 (1) Everyone commits an offence who

    • (a) falsely represents himself to be a peace officer or a public officer; or

    • (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 130
  • 2009, c. 28, s. 2

Marginal note:Aggravating circumstance

130.1  If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence.

  • 2014, c. 10, s. 1

Misleading Justice

Marginal note:Perjury

  • 131 (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.

  • Marginal note:Video links, etc.

    (1.1) Subject to subsection (3), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement pursuant to an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

  • Marginal note:Idem

    (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding.

  • Marginal note:Application

    (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement.

  • R.S., 1985, c. C-46, s. 131
  • R.S., 1985, c. 27 (1st Supp.), s. 17
  • 1999, c. 18, s. 92

Marginal note:Punishment

132  Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 132
  • R.S., 1985, c. 27 (1st Supp.), s. 17
  • 1998, c. 35, s. 119

Marginal note:Corroboration

133  No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., 1985, c. C-46, s. 133
  • R.S., 1985, c. 27 (1st Supp.), s. 17

Marginal note:Idem

  • 134 (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation.

  • R.S., 1985, c. C-46, s. 134
  • R.S., 1985, c. 27 (1st Supp.), s. 17

135 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 17]

Marginal note:Witness giving contradictory evidence

  • 136 (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead.

  • Marginal note:Evidence in specific cases

    (1.1) Evidence given under section 714.1, 714.2 or 714.3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).

  • Definition of evidence

    (2) Notwithstanding the definition evidence in section 118, evidence , for the purposes of this section, does not include evidence that is not material.

  • Marginal note:Proof of former trial

    (2.1) Where a person is charged with an offence under this section, a certificate specifying with reasonable particularity the proceeding in which that person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a judicial proceeding, without proof of the signature or official character of the person by whom the certificate purports to be signed if it purports to be signed by the clerk of the court or other official having the custody of the record of that proceeding or by his lawful deputy.

  • Marginal note:Consent required

    (3) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 136
  • R.S., 1985, c. 27 (1st Supp.), ss. 18, 203
  • 1999, c. 18, s. 93
  • 2019, c. 25, s. 41

Marginal note:Fabricating evidence

137  Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 125

Marginal note:Offences relating to affidavits

138  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration,

  • (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or

  • (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared.

  • R.S., 1985, c. C-46, s. 138
  • 2019, c. 25, s. 42

Marginal note:Obstructing justice

  • 139 (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

    • (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

    • (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

    is guilty of

    • (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (d) an offence punishable on summary conviction.

  • Marginal note:Idem

    (2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,

    • (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;

    • (b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or

    • (c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

  • R.S., 1985, c. C-46, s. 139
  • 2019, c. 25, s. 43

Marginal note:Public mischief

  • 140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by

    • (a) making a false statement that accuses some other person of having committed an offence;

    • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;

    • (c) reporting that an offence has been committed when it has not been committed; or

    • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

  • Marginal note:Punishment

    (2) Every one who commits public mischief

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 140
  • R.S., 1985, c. 27 (1st Supp.), s. 19

Marginal note:Compounding indictable offence

  • 141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exception for diversion agreements

    (2) No offence is committed under subsection (1) where valuable consideration is received or obtained or is to be received or obtained under an agreement for compensation or restitution or personal services that is

    • (a) entered into with the consent of the Attorney General; or

    • (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings.

  • R.S., 1985, c. C-46, s. 141
  • R.S., 1985, c. 27 (1st Supp.), s. 19
  • 2019, c. 25, s. 44

Marginal note:Corruptly taking reward for recovery of goods

142  Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence 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.

  • R.S., 1985, c. C-46, s. 142
  • 2019, c. 25, s. 45

143 [Repealed, 2018, c. 29, s. 8]

Escapes and Rescues

Marginal note:Prison breach

144  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

  • (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or

  • (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined.

  • R.S., 1985, c. C-46, s. 144
  • 2019, c. 25, s. 46

Marginal note:Escape and being at large without excuse

  • 145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to attend court or surrender

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

    • (a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

    • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or

    • (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

  • Marginal note:Failure to comply with appearance notice or summons

    (3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to comply with undertaking

    (4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,

    • (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or

    • (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.

  • Marginal note:Failure to comply with order

    (5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who

    • (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or

    • (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

  • (5.1)[Repealed, 2019, c. 25, s. 47]

  • Marginal note:Not an excuse

    (6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.

  • (7)[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 20]

  • Marginal note:Election of Crown under Contraventions Act

    (8) For the purposes of paragraph (2)(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a summons, appearance notice, undertaking or release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General , within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

  • Marginal note:Proof of certain facts by certificate

    (9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,

    • (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;

    • (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;

    • (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and

    • (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.

  • Marginal note:Attendance and right to cross-examination

    (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce

    (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate.

  • R.S., 1985, c. C-46, s. 145
  • R.S., 1985, c. 27 (1st Supp.), s. 20
  • 1992, c. 47, s. 68
  • 1994, c. 44, s. 8
  • 1996, c. 7, s. 38
  • 1997, c. 18, s. 3
  • 2008, c. 18, s. 3
  • 2018, c. 29, s. 9
  • 2019, c. 25, s. 47

Marginal note:Permitting or assisting escape

146  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty,

  • (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or

  • (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged.

  • R.S., 1985, c. C-46, s. 146
  • 2019, c. 25, s. 48

Marginal note:Rescue or permitting escape

147  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody,

  • (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or

  • (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein.

  • R.S., 1985, c. C-46, s. 147
  • 2019, c. 25, s. 49

Marginal note:Assisting prisoner of war to escape

148  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

  • (a) assists a prisoner of war in Canada to escape from a place where he is detained, or

  • (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole.

  • R.S., 1985, c. C-46, s. 148
  • 2019, c. 25, s. 50

Marginal note:Service of term for escape

  • 149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years.

  • Definition of escape

    (2) In this section, escape means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced.

  • R.S., 1985, c. C-46, s. 149
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1992, c. 20, s. 199
  • 1995, c. 22, s. 1

PART V Sexual Offences, Public Morals and Disorderly Conduct

Interpretation

Marginal note:Definitions

150  In this Part,

guardian

guardian  includes any person who has in law or in fact the custody or control of another person; (tuteur)

public place

public place  includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)

theatre

theatre  includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre)

  • R.S., c. C-34, s. 138

Sexual Offences

Marginal note:Consent no defence

  • 150.1 (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exception — complainant aged 12 or 13

    (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than two years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception — complainant aged 14 or 15

    (2.1) If an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than five years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

    • (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and

    • (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception for transitional purposes

    (2.3) If, immediately before the day on which this subsection comes into force, the accused referred to in subsection (2.1) is married to the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exemption for accused aged twelve or thirteen

    (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Mistake of age

    (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Idem

    (5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

  • Marginal note:Mistake of age

    (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 2
  • 2008, c. 6, ss. 13, 54
  • 2014, c. 25, s. 4
  • 2015, c. 29, s. 6
  • 2019, c. 25, s. 51

Marginal note:Sexual interference

151  Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • R.S., 1985, c. C-46, s. 151
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 11
  • 2015, c. 23, s. 2

Marginal note:Invitation to sexual touching

152  Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • R.S., 1985, c. C-46, s. 152
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 12
  • 2015, c. 23, s. 3

Marginal note:Sexual exploitation

  • 153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

    • (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or

    • (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • Marginal note:Inference of sexual exploitation

    (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including

    • (a) the age of the young person;

    • (b) the age difference between the person and the young person;

    • (c) the evolution of the relationship; and

    • (d) the degree of control or influence by the person over the young person.

  • Definition of young person

    (2) In this section, young person means a person 16 years of age or more but under the age of eighteen years.

  • R.S., 1985, c. C-46, s. 153
  • R.S., 1985, c. 19 (3rd Supp.), s. 1
  • 2005, c. 32, s. 4
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 13
  • 2015, c. 23, s. 4

Marginal note:Sexual exploitation of person with disability

  • 153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person's consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of consent

    (2) Subject to subsection (3), consent means, for the purposes of this section, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:Consent

    (2.1) Consent must be present at the time the sexual activity in question takes place.

  • Marginal note:Question of law

    (2.2) The question of whether no consent is obtained under subsection (3) or (4) or 265(3) is a question of law.

  • Marginal note:When no consent obtained

    (3) For the purposes of this section, no consent is obtained if

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (a.1) the complainant is unconscious;

    • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

    • (c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (3) not limiting

    (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained.

  • Marginal note:When belief in consent not a defence

    (5) It is not a defence to a charge under this section that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge if

    • (a) the accused's belief arose from

      • (i) the accused's self-induced intoxication,

      • (ii) the accused's recklessness or wilful blindness, or

      • (iii) any circumstance referred to in subsection (3) or (4) or 265(3) in which no consent is obtained;

    • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting; or

    • (c) there is no evidence that the complainant's voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.

  • Marginal note:Accused's belief as to consent

    (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

  • 1998, c. 9, s. 2
  • 2018, c. 29, s. 10
  • 2019, c. 25, s. 52

154 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 1]

Marginal note:Incest

  • 155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person.

  • Marginal note:Punishment

    (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

  • Marginal note:Defence

    (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred.

  • Definition of brother and sister

    (4) In this section, brother and sister , respectively, include half-brother and half-sister.

  • R.S., 1985, c. C-46, s. 155
  • R.S., 1985, c. 27 (1st Supp.), s. 21
  • 2012, c. 1, s. 14

Marginal note:Historical offences

156  No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.

  • R.S., 1985, c. C-46, s. 156
  • R.S., 1985, c. 19 (3rd Supp.), s. 2
  • 2019, c. 25, s. 53

157 and 158 [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 2]

159 [Repealed, 2019, c. 25, s. 54]

Marginal note:Bestiality

  • 160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Compelling the commission of bestiality

    (2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

  • Marginal note:Bestiality in presence of or by child

    (3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Order of prohibition or restitution

    (4) The court may, in addition to any other sentence that it may impose under any of subsections (1) to (3),

    • (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    • (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal, if the costs are readily ascertainable.

  • Marginal note:Breach of order

    (5) Every person who contravenes an order made under paragraph (4)(a) is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (6) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (4)(b).

  • Marginal note:Definition of bestiality

    (7) In this section, bestiality means any contact, for a sexual purpose, with an animal.

  • R.S., 1985, c. C-46, s. 160
  • R.S., 1985, c. 19 (3rd Supp.), s. 3
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 15
  • 2015, c. 23, s. 5
  • 2019, c. 17, s. 1

Marginal note:Order of prohibition

  • 161 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from

    • (a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre;

    • (a.1) being within two kilometres, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order;

    • (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years;

    • (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

    • (d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • Marginal note:Offences

    (1.1) The offences for the purpose of subsection (1) are

    • (a) an offence under section 151, 152 or 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);

    • (b) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983;

    • (c) an offence under subsection 146(1) (sexual intercourse with a female under 14) or section 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

    • (d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of

    • (a) the date on which the order is made; and

    • (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

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

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 161
  • R.S., 1985, c. 19 (3rd Supp.), s. 4
  • 1993, c. 45, s. 1
  • 1995, c. 22, s. 18
  • 1997, c. 18, s. 4
  • 1999, c. 31, s. 67
  • 2002, c. 13, s. 4
  • 2005, c. 32, s. 5
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 16
  • 2014, c. 21, s. 1, c. 25, s. 5
  • 2015, c. 23, s. 6
  • 2019, c. 25, s. 55

Marginal note:Voyeurism

  • 162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

    • (a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;

    • (b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or

    • (c) the observation or recording is done for a sexual purpose.

  • Definition of visual recording

    (2) In this section, visual recording includes a photographic, film or video recording made by any means.

  • Marginal note:Exemption

    (3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs.

  • Marginal note:Printing, publication, etc., of voyeuristic recordings

    (4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.

  • Marginal note:Punishment

    (5) Every one who commits an offence under subsection (1) or (4)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Defence

    (6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.

  • Marginal note:Question of law, motives

    (7) For the purposes of subsection (6),

    • (a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and

    • (b) the motives of an accused are irrelevant.

  • R.S., 1985, c. C-46, s. 162
  • R.S., 1985, c. 19 (3rd Supp.), s. 4
  • 2005, c. 32, s. 6

Marginal note:Publication, etc., of an intimate image without consent

  • 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

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

    • (b) of an offence punishable on summary conviction.

  • Definition of intimate image

    (2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,

    • (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;

    • (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and

    • (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.

  • Marginal note:Defence

    (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

  • Marginal note:Question of fact and law, motives

    (4) For the purposes of subsection (3),

    • (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and

    • (b) the motives of an accused are irrelevant.

  • 2014, c. 31, s. 3

Marginal note:Prohibition order

  • 162.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 162.1(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • Marginal note:Duration of prohibition

    (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

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

    • (b) an offence punishable on summary conviction.

  • 2014, c. 31, s. 3
  • 2015, c. 23, s. 33
  • 2019, c. 25, s. 56

Offences Tending to Corrupt Morals

Marginal note:Obscene materials

  • 163 (1) Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.

  • Marginal note:Idem

    (2) Every person commits an offence who knowingly, without lawful justification or excuse,

    • (a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or

    • (b) publicly exhibits a disgusting object or an indecent show.

    • (c) and (d)[Repealed, 2018, c. 29, s. 11]

  • Marginal note:Defence of public good

    (3) No person shall be convicted of an offence under this section if the public good was served by the acts that are alleged to constitute the offence and if the acts alleged did not extend beyond what served the public good.

  • Marginal note:Question of law and question of fact

    (4) For the purposes of this section, it is a question of law whether an act served the public good and whether there is evidence that the act alleged went beyond what served the public good, but it is a question of fact whether the acts did or did not extend beyond what served the public good.

  • Marginal note:Motives irrelevant

    (5) For the purposes of this section, the motives of an accused are irrelevant.

  • (6)[Repealed, 1993, c. 46, s. 1]

  • (7)[Repealed, 2018, c. 29, s. 11]

  • Marginal note:Obscene publication

    (8) For the purposes of this Act, any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely, crime, horror, cruelty and violence, shall be deemed to be obscene.

  • R.S., 1985, c. C-46, s. 163
  • 1993, c. 46, s. 1
  • 2018, c. 29, s. 11

Definition of child pornography

  • 163.1 (1) In this section, child pornography means

    • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

      • (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or

      • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years;

    • (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act;

    • (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or

    • (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • Marginal note:Making child pornography

    (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

  • Marginal note:Distribution, etc. of child pornography

    (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

  • Marginal note:Possession of child pornography

    (4) Every person who possesses any child pornography is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Accessing child pornography

    (4.1) Every person who accesses any child pornography is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Interpretation

    (4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself.

  • Marginal note:Aggravating factor

    (4.3) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that the person committed the offence with intent to make a profit.

  • Marginal note:Defence

    (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child pornography was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

  • Marginal note:Defence

    (6) No person shall be convicted of an offence under this section if the act that is alleged to constitute the offence

    • (a) has a legitimate purpose related to the administration of justice or to science, medicine, education or art; and

    • (b) does not pose an undue risk of harm to persons under the age of eighteen years.

  • Marginal note:Question of law

    (7) For greater certainty, for the purposes of this section, it is a question of law whether any written material, visual representation or audio recording advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act.

  • 1993, c. 46, s. 2
  • 2002, c. 13, s. 5
  • 2005, c. 32, s. 7
  • 2012, c. 1, s. 17
  • 2015, c. 23, s. 7

Marginal note:Warrant of seizure

  • 164 (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that

    • (a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;

    • (b) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is an intimate image;

    • (c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene , within the meaning of subsection 163(8);

    • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography as defined in section 163.1; or

    • (e) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement of sexual services.

  • Marginal note:Summons to occupier

    (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and maker may appear

    (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

    • (a) on any ground of appeal that involves a question of law alone,

    • (b) on any ground of appeal that involves a question of fact alone, or

    • (c) on any ground of appeal that involves a question of mixed law and fact,

    as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI and sections 673 to 696 apply with such modifications as the circumstances require.

  • Marginal note:Consent

    (7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163, 163.1 or 286.4 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

  • Marginal note:Definitions

    (8) In this section,

    advertisement of sexual services

    advertisement of sexual services  means any material  —  including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material  —  that is used to advertise sexual services contrary to section 286.4; (publicité de services sexuels)

    court

    court  means

    • (a) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,

    • (a.1) in the Province of Ontario, the Superior Court of Justice,

    • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,

    • (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court,

    • (c.1)[Repealed, 1992, c. 51, s. 34]

    • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and

    • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

    crime comic

    crime comic [Repealed, 2018, c. 29, s. 12]

    intimate image

    intimate image  has the same meaning as in subsection 162.1(2); (image intime)

    judge

    judge  means a judge of a court; (juge)

    voyeuristic recording

    voyeuristic recording  means a visual recording within the meaning of subsection 162(2) that is made as described in subsection 162(1). (enregistrement voyeuriste)

  • R.S., 1985, c. C-46, s. 164
  • R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 3, c. 17, s. 9
  • 1992, c. 1, s. 58, c. 51, s. 34
  • 1993, c. 46, s. 3
  • 1997, c. 18, s. 5
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 27
  • 2002, c. 7, s. 139, c. 13, s. 6
  • 2005, c. 32, s. 8
  • 2014, c. 25, ss. 6, 46, c. 31, s. 4
  • 2015, c. 3, s. 46
  • 2018, c. 29, s. 12

Marginal note:Warrant of seizure

  • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material  —  namely, child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services available  — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted the material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court, and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted the material may appear

    (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.

  • Marginal note:Destruction of copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court's possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is child pornography as defined in 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

  • Marginal note:Other provisions to apply

    (8) Subsections 164(6) to (8) apply, with any modifications that the circumstances require, to this section.

  • Marginal note:When order takes effect

    (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

  • 2002, c. 13, s. 7
  • 2005, c. 32, s. 9
  • 2014, c. 25, ss. 7, 46, c. 31, s. 5

Marginal note:Forfeiture after conviction

  • 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 162.1, 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

    • (a) was used in the commission of the offence; and

    • (b) is the property of

      • (i) the convicted person or another person who was a party to the offence, or

      • (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

  • Marginal note:Third party rights

    (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person's interest in it.

  • Marginal note:Right of appeal — third party

    (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1).

  • Marginal note:Right of appeal — Attorney General

    (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1).

  • Marginal note:Application of Part XXI

    (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4).

  • 2002, c. 13, s. 7
  • 2008, c. 18, s. 4
  • 2012, c. 1, s. 18
  • 2014, c. 31, s. 6

Marginal note:Relief from forfeiture

  • 164.3 (1) Within thirty days after an order under subsection 164.2(1) is made, a person who claims an interest in the thing forfeited may apply in writing to a judge for an order under subsection (4).

  • Marginal note:Hearing of application

    (2) The judge shall fix a day — not less than thirty days after the application is made — for its hearing.

  • Marginal note:Notice to Attorney General

    (3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General.

  • Marginal note:Order

    (4) The judge may make an order declaring that the applicant's interest in the thing is not affected by the forfeiture and declaring the nature and extent of the interest if the judge is satisfied that the applicant

    • (a) was not a party to the offence; and

    • (b) did not acquire the thing from a person who was a party to the offence under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture.

  • Marginal note:Appeal to court of appeal

    (5) A person referred to in subsection (4) or the Attorney General may appeal to the court of appeal against an order made under that subsection. Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under this subsection.

  • Marginal note:Powers of Attorney General

    (6) On application by a person who obtained an order under subsection (4), made after the expiration of the time allowed for an appeal against the order and, if an appeal is taken, after it has been finally disposed of, the Attorney General shall direct that

    • (a) the thing be returned to the person; or

    • (b) an amount equal to the value of the extent of the person's interest, as declared in the order, be paid to the person.

  • 2002, c. 13, s. 7

165 [Repealed, 2018, c. 29, s. 13]

166 [Repealed, 1994, c. 44, s. 9]

Marginal note:Immoral theatrical performance

  • 167 (1) Every one commits an offence who, being the lessee, manager, agent or person in charge of a theatre, presents or gives or allows to be presented or given therein an immoral, indecent or obscene performance, entertainment or representation.

  • Marginal note:Person taking part

    (2) Every one commits an offence who takes part or appears as an actor, a performer or an assistant in any capacity, in an immoral, indecent or obscene performance, entertainment or representation in a theatre.

  • R.S., c. C-34, s. 163

Marginal note:Mailing obscene matter

  • 168 (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply to a person who

    • (a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;

    • (b) prints or publishes a notice or report under the direction of a court; or

    • (c) prints or publishes any matter

      • (i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or

      • (ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.

  • R.S., 1985, c. C-46, s. 168
  • 1999, c. 5, s. 2

Marginal note:Punishment

169  Every one who commits an offence under section 163, 165, 167 or 168 is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 169
  • 1999, c. 5, s. 3

Marginal note:Parent or guardian procuring sexual activity

170  Every parent or guardian of a person under the age of 18 years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 170
  • R.S., 1985, c. 19 (3rd Supp.), s. 5
  • 2005, c. 32, s. 9.1
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 19
  • 2015, c. 23, s. 8

Marginal note:Householder permitting prohibited sexual activity

171  Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of 18 years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

  • R.S., 1985, c. C-46, s. 171
  • R.S., 1985, c. 19 (3rd Supp.), s. 5
  • 2005, c. 32, s. 9.1
  • 2008, c. 6, s. 54
  • 2012, c. 1, s. 20
  • 2015, c. 23, s. 9

Marginal note:Making sexually explicit material available to child

  • 171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

    • (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);

    • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

    • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of six months; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

  • Marginal note:Presumption

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • Definition of sexually explicit material

    (5) In subsection (1), sexually explicit material means material that is not child pornography, as defined in subsection 163.1(1), and that is

    • (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

      • (i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or

      • (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person's genital organs or anal region or, if the person is female, her breasts;

    • (b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or

    • (c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person.

  • 2012, c. 1, s. 21
  • 2014, c. 25, s. 8
  • 2015, c. 23, s. 10

Marginal note:Corrupting children

  • 172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • (2)[Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

  • Definition of child

    (3) For the purposes of this section, child means a person who is or appears to be under the age of eighteen years.

  • Marginal note:Who may institute prosecutions

    (4) No proceedings shall be commenced under subsection (1) without the consent of the Attorney General, unless they are instituted by or at the instance of a recognized society for the protection of children or by an officer of a juvenile court.

  • R.S., 1985, c. C-46, s. 172
  • R.S., 1985, c. 19 (3rd Supp.), s. 6
  • 2019, c. 25, s. 57

Marginal note:Luring a child

  • 172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

    • (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);

    • (b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

    • (c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Presumption re age

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • 2002, c. 13, s. 8
  • 2007, c. 20, s. 1
  • 2008, c. 6, s. 14
  • 2012, c. 1, s. 22
  • 2014, c. 25, s. 9
  • 2015, c. 23, s. 11

Disorderly Conduct

Marginal note:Agreement or arrangement — sexual offence against child

  • 172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

    • (a) 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) with respect to another person who is, or who the accused believes is, under the age of 18 years;

    • (b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

    • (c) under section 281 with respect to another person who is, or who the accused believes is, under the age of 14 years.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:Presumption

    (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

  • Marginal note:No defence

    (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

  • Marginal note:No defence

    (5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

    • (a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

    • (b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

  • 2012, c. 1, s. 23
  • 2014, c. 25, s. 10
  • 2015, c. 23, s. 12

Marginal note:Indecent acts

  • 173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exposure

    (2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

  • R.S., 1985, c. C-46, s. 173
  • R.S., 1985, c. 19 (3rd Supp.), s. 7
  • 2008, c. 6, s. 54
  • 2010, c. 17, s. 2
  • 2012, c. 1, s. 23
  • 2019, c. 25, s. 58

Marginal note:Nudity

  • 174 (1) Every one who, without lawful excuse,

    • (a) is nude in a public place, or

    • (b) is nude and exposed to public view while on private property, whether or not the property is his own,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Nude

    (2) For the purposes of this section, a person is nude who is so clad as to offend against public decency or order.

  • Marginal note:Consent of Attorney General

    (3) No proceedings shall be commenced under this section without the consent of the Attorney General.

  • R.S., c. C-34, s. 170

Marginal note:Causing disturbance, indecent exhibition, loitering, etc.

  • 175 (1) Every one who

    • (a) not being in a dwelling-house, causes a disturbance in or near a public place,

      • (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language,

      • (ii) by being drunk, or

      • (iii) by impeding or molesting other persons,

    • (b) openly exposes or exhibits an indecent exhibition in a public place,

    • (c) loiters in a public place and in any way obstructs persons who are in that place, or

    • (d) disturbs the peace and quiet of the occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs the peace and quiet of the occupants of a dwelling-house comprised in the building or structure by discharging firearms or by other disorderly conduct in any part of a building or structure to which, at the time of such conduct, the occupants of two or more dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied,

    is guilty of an offence punishable on summary conviction.

  • Marginal note:Evidence of peace officer

    (2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.

  • R.S., 1985, c. C-46, s. 175
  • 1997, c. 18, s. 6

Marginal note:Obstructing or violence to or arrest of officiating clergyman

  • 176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

    • (a) by threats or force, unlawfully obstructs or prevents or endeavours to obstruct or prevent an officiant from celebrating a religious or spiritual service or performing any other function in connection with their calling, or

    • (b) knowing that an officiant is about to perform, is on their way to perform or is returning from the perform­ance of any of the duties or functions mentioned in paragraph (a)

      • (i) assaults or offers any violence to them, or

      • (ii) arrests them on a civil process, or under the pretence of executing a civil process.

  • Marginal note:Disturbing religious worship or certain meetings

    (2) Every one who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Every one who, at or near a meeting referred to in subsection (2), wilfully does anything that disturbs the order or solemnity of the meeting is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 176
  • 2018, c. 29, s. 13.1
  • 2019, c. 25, s. 59

Marginal note:Trespassing at night

177  Every person who, without lawful excuse, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 177
  • 2018, c. 29, s. 14

178 [Repealed, 2018, c. 29, s. 14]

179 [Repealed, 2019, c. 25, s. 60]

Nuisances

Marginal note:Common nuisance

  • 180 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so

    • (a) endangers the lives, safety or health of the public, or

    • (b) causes physical injury to any person.

  • Marginal note:Definition

    (2) For the purposes of this section, every one commits a common nuisance who does an unlawful act or fails to discharge a legal duty and thereby

    • (a) endangers the lives, safety, health, property or comfort of the public; or

    • (b) obstructs the public in the exercise or enjoyment of any right that is common to all the subjects of Her Majesty in Canada.

  • R.S., 1985, c. C-46, s. 180
  • 2019, c. 25, s. 61

181 [Repealed, 2019, c. 25, s. 62]

Marginal note:Dead body

182  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or

  • (b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not.

  • R.S., 1985, c. C-46, s. 182
  • 2019, c. 25, s. 63

PART VI Invasion of Privacy

Definitions

Marginal note:Definitions

183  In this Part,

authorization

authorization  means an authorization to intercept a private communication given under section 186 or subsection 184.2(3), 184.3(6) or 188(2); (autorisation)

electro-magnetic, acoustic, mechanical or other device

electro-magnetic, acoustic, mechanical or other device  means any device or apparatus that is used or is capable of being used to intercept a private communication, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; (dispositif électromagnétique, acoustique, mécanique ou autre)

intercept

intercept  includes listen to, record or acquire a communication or acquire the substance, meaning or purport thereof; (intercepter)

offence

offence  means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

  • (a) any of the following provisions of this Act, namely,

    • (i) section 47 (high treason),

    • (ii) section 51 (intimidating Parliament or a legislature),

    • (iii) section 52 (sabotage),

    • (iii.1) section 56.1 (identity documents),

    • (iv) section 57 (forgery, etc.),

    • (v) section 61 (sedition),

    • (vi) section 76 (hijacking),

    • (vii) section 77 (endangering safety of aircraft or airport),

    • (viii) section 78 (offensive weapons, etc., on aircraft),

    • (ix) section 78.1 (offences against maritime navigation or fixed platforms),

    • (x) section 80 (breach of duty),

    • (xi) section 81 (using explosives),

    • (xii) section 82 (possessing explosives),

    • (xii.01) section 82.3 (possession, etc., of nuclear material, radioactive material or device),

    • (xii.02) section 82.4 (use or alteration of nuclear material, radioactive material or device),

    • (xii.03) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),

    • (xii.04) section 82.6 (threats),

    • (xii.1) section 83.02 (providing or collecting property for certain activities),

    • (xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),

    • (xii.3) section 83.04 (using or possessing property for terrorist purposes),

    • (xii.4) section 83.18 (participation in activity of terrorist group),

    • (xii.41) section 83.181 (leaving Canada to participate in activity of terrorist group),

    • (xii.5) section 83.19 (facilitating terrorist activity),

    • (xii.51) section 83.191 (leaving Canada to facilitate terrorist activity),

    • (xii.6) section 83.2 (commission of offence for terrorist group),

    • (xii.61) section 83.201 (leaving Canada to commit offence for terrorist group),

    • (xii.62) section 83.202 (leaving Canada to commit offence that is terrorist activity),

    • (xii.7) section 83.21 (instructing to carry out activity for terrorist group),

    • (xii.8) section 83.22 (instructing to carry out terrorist activity),

    • (xii.81) section 83.221 (counselling commission of terrorism offence),

    • (xii.9) section 83.23 (harbouring or concealing),

    • (xii.91) section 83.231 (hoax — terrorist activity),

    • (xiii) section 96 (possession of weapon obtained by commission of offence),

    • (xiii.1) section 98 (breaking and entering to steal firearm),

    • (xiii.2) section 98.1 (robbery to steal firearm),

    • (xiv) section 99 (weapons trafficking),

    • (xv) section 100 (possession for purpose of weapons trafficking),

    • (xvi) section 102 (making automatic firearm),

    • (xvii) section 103 (importing or exporting knowing it is unauthorized),

    • (xviii) section 104 (unauthorized importing or exporting),

    • (xix) section 119 (bribery, etc.),

    • (xx) section 120 (bribery, etc.),

    • (xxi) section 121 (fraud on government),

    • (xxii) section 122 (breach of trust),

    • (xxiii) section 123 (municipal corruption),

    • (xxiv) section 132 (perjury),

    • (xxv) section 139 (obstructing justice),

    • (xxvi) section 144 (prison breach),

    • (xxvii) subsection 145(1) (escape, etc.),

    • (xxvii.1) section 162 (voyeurism),

    • (xxvii.2) section 162.1 (intimate image),

    • (xxviii) subsection 163(1) (obscene materials),

    • (xxix) section 163.1 (child pornography),

    • (xxix.1) section 170 (parent or guardian procuring sexual activity),

    • (xxix.2) section 171 (householder permitting sexual activity),

    • (xxix.3) section 171.1 (making sexually explicit material available to child),

    • (xxix.4) section 172.1 (luring a child),

    • (xxix.5) section 172.2 (agreement or arrangement — sexual offence against child),

    • (xxx) section 184 (unlawful interception),

    • (xxxi) section 191 (possession of intercepting device),

    • (xxxii) subsection 201(1) (keeping gaming or betting house),

    • (xxxiii) paragraph 202(1)(e) (pool-selling, etc.),

    • (xxxiv)[Repealed, 2019, c. 25, s. 63.1]

    • (xxxv) to (xxxviii)[Repealed, 2014, c. 25, s. 11]

    • (xxxix) section 235 (murder),

    • (xxxix.1) section 244 (discharging firearm with intent),

    • (xxxix.2) section 244.2 (discharging firearm — recklessness),

    • (xl) section 264.1 (uttering threats),

    • (xli) section 267 (assault with a weapon or causing bodily harm),

    • (xlii) section 268 (aggravated assault),

    • (xliii) section 269 (unlawfully causing bodily harm),

    • (xliii.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

    • (xliii.2) section 270.02 (aggravated assault of peace officer),

    • (xliv) section 271 (sexual assault),

    • (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

    • (xlvi) section 273 (aggravated sexual assault),

    • (xlvii) section 279 (kidnapping),

    • (xlvii.1) section 279.01 (trafficking in persons),

    • (xlvii.11) section 279.011 (trafficking of a person under the age of eighteen years),

    • (xlvii.2) section 279.02 (material benefit),

    • (xlvii.3) section 279.03 (withholding or destroying documents),

    • (xlviii) section 279.1 (hostage taking),

    • (xlix) section 280 (abduction of person under sixteen),

    • (l) section 281 (abduction of person under fourteen),

    • (li) section 282 (abduction in contravention of custody order or parenting order),

    • (lii) section 283 (abduction),

    • (lii.1) 286.1 (obtaining sexual services for consideration),

    • (lii.2) 286.2 (material benefit from sexual services),

    • (lii.3) 286.3 (procuring),

    • (lii.4) 286.4 (advertising sexual services),

    • (liii) section 318 (advocating genocide),

    • (liv) section 327 (possession of device to obtain telecommunication facility or service),

    • (liv.1) section 333.1 (motor vehicle theft),

    • (lv) section 334 (theft),

    • (lvi) section 342 (theft, forgery, etc., of credit card),

    • (lvi.1) section 342.01 (instruments for copying credit card data or forging or falsifying credit cards),

    • (lvii) section 342.1 (unauthorized use of computer),

    • (lviii) section 342.2 (possession of device to obtain unauthorized use of computer system or to commit mischief),

    • (lix) section 344 (robbery),

    • (lx) section 346 (extortion),

    • (lxi) section 347 (criminal interest rate),

    • (lxii) section 348 (breaking and entering),

    • (lxii.1) section 353.1 (tampering with vehicle identification number),

    • (lxiii) section 354 (possession of property obtained by crime),

    • (lxiii.1) section 355.2 (trafficking in property obtained by crime),

    • (lxiii.2) section 355.4 (possession of property obtained by crime — trafficking),

    • (lxiv) section 356 (theft from mail),

    • (lxv) section 367 (forgery),

    • (lxvi) section 368 (use, trafficking or possession of forged document),

    • (lxvi.1) section 368.1 (forgery instruments),

    • (lxvii) section 372 (false information),

    • (lxviii) section 380 (fraud),

    • (lxix) section 381 (using mails to defraud),

    • (lxx) section 382 (fraudulent manipulation of stock exchange transactions),

    • (lxx.01) section 391 (trade secret),

    • (lxx.1) subsection 402.2(1) (identity theft),

    • (lxx.2) subsection 402.2(2) (trafficking in identity information),

    • (lxx.3) section 403 (identity fraud),

    • (lxxi) section 423.1 (intimidation of justice system participant or journalist),

    • (lxxii) section 424 (threat to commit offences against internationally protected person),

    • (lxxii.1) section 424.1 (threat against United Nations or associated personnel),

    • (lxxiii) section 426 (secret commissions),

    • (lxxiv) section 430 (mischief),

    • (lxxv) section 431 (attack on premises, residence or transport of internationally protected person),

    • (lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

    • (lxxv.2) subsection 431.2(2) (explosive or other lethal device),

    • (lxxvi) section 433 (arson),

    • (lxxvii) section 434 (arson),

    • (lxxviii) section 434.1 (arson),

    • (lxxix) section 435 (arson for fraudulent purpose),

    • (lxxx) section 449 (making counterfeit money),

    • (lxxxi) section 450 (possession, etc., of counterfeit money),

    • (lxxxii) section 452 (uttering, etc., counterfeit money),

    • (lxxxiii) section 462.31 (laundering proceeds of crime),

    • (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order),

    • (lxxxv) section 467.11 (participation in criminal organization),

    • (lxxxv.1) section 467.111 (recruitment of members — criminal organization),

    • (lxxxvi) section 467.12 (commission of offence for criminal organization), or

    • (lxxxvii) section 467.13 (instructing commission of offence for criminal organization),

  • (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,

  • (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely,

    • (i) section 6 (production, etc., of biological agents and means of delivery), or

    • (ii) section 7 (unauthorized production, etc., of biological agents),

  • (b.2) any of the following provisions of the Cannabis Act, namely,

    • (i) section 9 (distribution and possession for purpose of distributing),

    • (ii) section 10 (selling and possession for purpose of selling),

    • (iii) section 11 (importing and exporting and possession for purpose of exporting),

    • (iv) section 12 (production),

    • (v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), or

    • (vi) section 14 (use of young person),

  • (c) any of the following provisions of the Competition Act, namely,

    • (i) section 45 (conspiracies, agreements or arrangements between competitors),

    • (ii) section 47 (bid-rigging), or

    • (iii) subsection 52.1(3) (deceptive telemarketing),

  • (d) any of the following provisions of the Controlled Drugs and Substances Act, namely,

    • (i) section 5 (trafficking),

    • (ii) section 6 (importing and exporting),

    • (iii) section 7 (production), or

    • (iv) section 7.1 (possession, sale, etc., for use in production or trafficking),

  • (d.1) section 42 (offences related to infringement of copyright) of the Copyright Act,

  • (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,

  • (e.1) the Crimes Against Humanity and War Crimes Act,

  • (f) either of the following provisions of the Customs Act, namely,

    • (i) section 153 (false statements), or

    • (ii) section 159 (smuggling),

  • (g) any of the following provisions of the Excise Act, 2001, namely,

    • (i) section 214 (unlawful production, sale, etc., of tobacco, alcohol or cannabis),

    • (ii) section 216 (unlawful possession of tobacco product),

    • (iii) section 218 (unlawful possession, sale, etc., of alcohol),

    • (iii.1) section 218.1 (unlawful possession, sale, etc., of unstamped cannabis),

    • (iv) section 219 (falsifying or destroying records),

    • (v) section 230 (possession of property obtained by excise offences), or

    • (vi) section 231 (laundering proceeds of excise offences),

  • (h) any of the following provisions of the Export and Import Permits Act, namely,

    • (i) section 13 (export or attempt to export),

    • (ii) section 14 (import or attempt to import),

    • (ii.1) section 14.2 (broker or attempt to broker),

    • (iii) section 15 (diversion, etc.),

    • (iv) section 16 (no transfer of permits),

    • (v) section 17 (false information), or

    • (vi) section 18 (aiding and abetting),

  • (i) any of the following provisions of the Immigration and Refugee Protection Act, namely,

    • (i) section 117 (organizing entry into Canada),

    • (ii) section 118 (trafficking in persons),

    • (iii) section 119 (disembarking persons at sea),

    • (iv) section 122 (offences related to documents),

    • (v) section 126 (counselling misrepresentation), or

    • (vi) section 129 (offences relating to officers),

  • (j) any offence under the Security of Information Act, or

  • (k) section 51.01 (offences related to goods, labels, packaging or services) of the Trademarks Act,

and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition terrorism offence in section 2; (infraction)

police officer

police officer  means any officer, constable or other person employed for the preservation and maintenance of the public peace; (policier)

private communication

private communication  means any oral communication, or any telecommunication, that is made by an originator who is in Canada or is intended by the originator to be received by a person who is in Canada and that is made under circumstances in which it is reasonable for the originator to expect that it will not be intercepted by any person other than the person intended by the originator to receive it, and includes any radio-based telephone communication that is treated electronically or otherwise for the purpose of preventing intelligible reception by any person other than the person intended by the originator to receive it; (communication privée)

public switched telephone network

public switched telephone network  means a telecommunication facility the primary purpose of which is to provide a land line-based telephone service to the public for compensation; (réseau téléphonique public commuté)

radio-based telephone communication

radio-based telephone communication  means any radiocommunication within the meaning of the Radiocommunication Act that is made over apparatus that is used primarily for connection to a public switched telephone network; (communication radiotéléphonique)

sell

sell  includes offer for sale, expose for sale, have in possession for sale or distribute or advertise for sale; (vendre)

solicitor

solicitor  means, in the Province of Quebec, an advocate or a notary and, in any other province, a barrister or solicitor. (avocat)

  • R.S., 1985, c. C-46, s. 183
  • R.S., 1985, c. 27 (1st Supp.), ss. 7, 23, c. 1 (2nd Supp.), s. 213, c. 1 (4th Supp.), s. 13, c. 29 (4th Supp.), s. 17, c. 42 (4th Supp.), s. 1
  • 1991, c. 28, s. 12
  • 1992, c. 27, s. 90
  • 1993, c. 7, s. 5, c. 25, s. 94, c. 40, s. 1, c. 46, s. 4
  • 1995, c. 39, s. 140
  • 1996, c. 19, s. 66
  • 1997, c. 18, s. 7, c. 23, s. 3
  • 1998, c. 34, s. 8
  • 1999, c. 2, s. 47, c. 5, s. 4
  • 2000, c. 24, s. 43
  • 2001, c. 32, s. 4, c. 41, ss. 5, 31, 133
  • 2002, c. 22, s. 409
  • 2004, c. 15, s. 108
  • 2005, c. 32, s. 10, c. 43, s. 1
  • 2008, c. 6, s. 15
  • 2009, c. 2, s. 442, c. 22, s. 4, c. 28, s. 3
  • 2010, c. 3, s. 1, c. 14, s. 2
  • 2012, c. 1, s. 24
  • 2013, c. 8, s. 2, c. 9, s. 14, c. 13, s. 7
  • 2014, c. 17, s. 2, c. 20, s. 366(E), c. 25, s. 11, c. 31, s. 7, c. 32, s. 59
  • 2015, c. 20, s. 19
  • 2017, c. 7, s. 56
  • 2018, c. 12, s. 114, c. 16, s. 210, c. 26, s. 23, c. 29, s. 15
  • 2019, c. 13, s. 150
  • 2019, c. 16, s. 122
  • 2019, c. 25, s. 63.1
  • 2020, c. 1, s. 36

Marginal note:Consent to interception

183.1  Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part.

  • 1993, c. 40, s. 2

Interception of Communications

Marginal note:Interception

  • 184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication 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:Saving provision

    (2) Subsection (1) does not apply to

    • (a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;

    • (b) a person who intercepts a private communication in accordance with an authorization or pursuant to section 184.4 or any person who in good faith aids in any way another person who the aiding person believes on reasonable grounds is acting with an authorization or pursuant to section 184.4;

    • (c) a person engaged in providing a telephone, telegraph or other communication service to the public who intercepts a private communication,

      • (i) if the interception is necessary for the purpose of providing the service,

      • (ii) in the course of service observing or random monitoring necessary for the purpose of mechanical or service quality control checks, or

      • (iii) if the interception is necessary to protect the person's rights or property directly related to providing the service;

    • (d) an officer or servant of Her Majesty in right of Canada who engages in radio frequency spectrum management, in respect of a private communication intercepted by that officer or servant for the purpose of identifying, isolating or preventing an unauthorized or interfering use of a frequency or of a transmission; or

    • (e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for

      • (i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or

      • (ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).

  • Marginal note:Use or retention

    (3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if

    • (a) it is essential to identify, isolate or prevent harm to the computer system; or

    • (b) it is to be disclosed in circumstances referred to in subsection 193(2).

  • R.S., 1985, c. C-46, s. 184
  • 1993, c. 40, s. 3
  • 2004, c. 12, s. 4
  • 2019, c. 25, s. 64

Marginal note:Interception to prevent bodily harm

  • 184.1 (1) An agent of the state may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if

    • (a) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception;

    • (b) the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception; and

    • (c) the purpose of the interception is to prevent the bodily harm.

  • Marginal note:Admissibility of intercepted communication

    (2) The contents of a private communication that is obtained from an interception pursuant to subsection (1) are inadmissible as evidence except for the purposes of proceedings in which actual, attempted or threatened bodily harm is alleged, including proceedings in respect of an application for an authorization under this Part or in respect of a search warrant or a warrant for the arrest of any person.

  • Marginal note:Destruction of recordings and transcripts

    (3) The agent of the state who intercepts a private communication pursuant to subsection (1) shall, as soon as is practicable in the circumstances, destroy any recording of the private communication that is obtained from an interception pursuant to subsection (1), any full or partial transcript of the recording and any notes made by that agent of the private communication if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur.

  • Definition of agent of the state

    (4) For the purposes of this section, agent of the state means

    • (a) a peace officer; and

    • (b) a person acting under the authority of, or in cooperation with, a peace officer.

  • 1993, c. 40, s. 4

Marginal note:Interception with consent

  • 184.2 (1) A person may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication where either the originator of the private communication or the person intended by the originator to receive it has consented to the interception and an authorization has been obtained pursuant to subsection (3).

  • Marginal note:Application for authorization

    (2) An application for an authorization under this section shall be made by a peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, ex parte and in writing to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, and shall be accompanied by an affidavit, which may be sworn on the information and belief of that peace officer or public officer or of any other peace officer or public officer, deposing to the following matters:

    • (a) that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) the particulars of the offence;

    • (c) the name of the person who has consented to the interception;

    • (d) the period for which the authorization is requested; and

    • (e) in the case of an application for an authorization where an authorization has previously been granted under this section or section 186, the particulars of the authorization.

  • Marginal note:Judge to be satisfied

    (3) An authorization may be given under this section if the judge to whom the application is made is satisfied that

    • (a) there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed;

    • (b) either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; and

    • (c) there are reasonable grounds to believe that information concerning the offence referred to in paragraph (a) will be obtained through the interception sought.

  • Marginal note:Content and limitation of authorization

    (4) An authorization given under this section shall

    • (a) state the offence in respect of which private communications may be intercepted;

    • (b) state the type of private communication that may be intercepted;

    • (c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;

    • (d) contain the terms and conditions that the judge considers advisable in the public interest; and

    • (e) be valid for the period, not exceeding sixty days, set out therein.

  • Marginal note:Related warrant or order

    (5) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.

  • 1993, c. 40, s. 4
  • 2014, c. 31, s. 8

Marginal note:Application by means of telecommunication

  • 184.3 (1) Notwithstanding section 184.2, an application for an authorization under subsection 184.2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.

  • Marginal note:Application

    (2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.

  • Marginal note:Recording

    (3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

  • Marginal note:Oath

    (4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

  • Marginal note:Alternative to oath

    (5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2), make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.

  • Marginal note:Authorization

    (6) Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist and that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.

  • Marginal note:Giving authorization

    (7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

    • (a) the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

    • (b) the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and

    • (c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

  • Marginal note:Giving authorization where telecommunication produces writing

    (8) Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall

    • (a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

    • (b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)(b); and

    • (c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

  • 1993, c. 40, s. 4

Marginal note:Immediate interception — imminent harm

184.4  A police officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the police officer has reasonable grounds to believe that

  • (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part;

  • (b) the interception is immediately necessary to prevent an offence that would cause serious harm to any person or to property; and

  • (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would commit the offence that is likely to cause the harm or is the victim, or intended victim, of the harm.

  • 1993, c. 40, s. 4
  • 2013, c. 8, s. 3

Marginal note:Interception of radio-based telephone communications

  • 184.5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, 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:Other provisions to apply

    (2) Section 183.1, subsection 184(2) and sections 184.1 to 190 and 194 to 196 apply, with such modifications as the circumstances require, to interceptions of radio-based telephone communications referred to in subsection (1).

  • 1993, c. 40, s. 4
  • 2019, c. 25, s. 65

Marginal note:One application for authorization sufficient

184.6  For greater certainty, an application for an authorization under this Part may be made with respect to both private communications and radio-based telephone communications at the same time.

  • 1993, c. 40, s. 4

Marginal note:Application for authorization

  • 185 (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by

    • (a) the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or

    • (b) the Attorney General of a province personally or the Deputy Attorney General of a province personally, in any other case,

    and shall be accompanied by an affidavit, which may be sworn on the information and belief of a peace officer or public officer deposing to the following matters:

    • (c) the facts relied on to justify the belief that an authorization should be given together with particulars of the offence,

    • (d) the type of private communication proposed to be intercepted,

    • (e) the names, addresses and occupations, if known, of all persons, the interception of whose private communications there are reasonable grounds to believe may assist the investigation of the offence, a general description of the nature and location of the place, if known, at which private communications are proposed to be intercepted and a general description of the manner of interception proposed to be used,

    • (f) the number of instances, if any, on which an application has been made under this section in relation to the offence and a person named in the affidavit pursuant to paragraph (e) and on which the application was withdrawn or no authorization was given, the date on which each application was made and the name of the judge to whom each application was made,

    • (g) the period for which the authorization is requested, and

    • (h) whether other investigative procedures have been tried and have failed or why it appears they are unlikely to succeed or that the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

  • Marginal note:Exception for criminal organizations and terrorist groups

    (1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

    • (a) an offence under section 467.11, 467.111, 467.12 or 467.13;

    • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Extension of period for notification

    (2) An application for an authorization may be accompanied by an application, personally signed by the Attorney General of the province in which the application for the authorization is made or the Minister of Public Safety and Emergency Preparedness if the application for the authorization is made by him or on his behalf, to substitute for the period mentioned in subsection 196(1) such longer period not exceeding three years as is set out in the application.

  • Marginal note:Where extension to be granted

    (3) Where an application for an authorization is accompanied by an application referred to in subsection (2), the judge to whom the applications are made shall first consider the application referred to in subsection (2) and where, on the basis of the affidavit in support of the application for the authorization and any other affidavit evidence submitted in support of the application referred to in subsection (2), the judge is of the opinion that the interests of justice warrant the granting of the application, he shall fix a period, not exceeding three years, in substitution for the period mentioned in subsection 196(1).

  • Marginal note:Where extension not granted

    (4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.

  • R.S., 1985, c. C-46, s. 185
  • 1993, c. 40, s. 5
  • 1997, c. 18, s. 8, c. 23, s. 4
  • 2001, c. 32, s. 5, c. 41, ss. 6, 133
  • 2005, c. 10, ss. 22, 34
  • 2014, c. 17, s. 3

Marginal note:Judge to be satisfied

  • 186 (1) An authorization under this section may be given if the judge to whom the application is made is satisfied

    • (a) that it would be in the best interests of the administration of justice to do so; and

    • (b) that other investigative procedures have been tried and have failed, other investigative procedures are unlikely to succeed or the urgency of the matter is such that it would be impractical to carry out the investigation of the offence using only other investigative procedures.

  • Marginal note:Exception for criminal organizations and terrorism offences

    (1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

    • (a) an offence under section 467.11, 467.111, 467.12 or 467.13;

    • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Where authorization not to be given

    (2) No authorization may be given to intercept a private communication at the office or residence of a solicitor, or at any other place ordinarily used by a solicitor and by other solicitors for the purpose of consultation with clients, unless the judge to whom the application is made is satisfied that there are reasonable grounds to believe that the solicitor, any other solicitor practising with him, any person employed by him or any other such solicitor or a member of the solicitor's household has been or is about to become a party to an offence.

  • Marginal note:Terms and conditions

    (3) Where an authorization is given in relation to the interception of private communications at a place described in subsection (2), the judge by whom the authorization is given shall include therein such terms and conditions as he considers advisable to protect privileged communications between solicitors and clients.

  • Marginal note:Content and limitation of authorization

    (4) An authorization shall

    • (a) state the offence in respect of which private communications may be intercepted;

    • (b) state the type of private communication that may be intercepted;

    • (c) state the identity of the persons, if known, whose private communications are to be intercepted, generally describe the place at which private communications may be intercepted, if a general description of that place can be given, and generally describe the manner of interception that may be used;

    • (d) contain such terms and conditions as the judge considers advisable in the public interest; and

    • (e) be valid for the period, not exceeding sixty days, set out therein.

  • Marginal note:Persons designated

    (5) The Minister of Public Safety and Emergency Preparedness or the Attorney General, as the case may be, may designate a person or persons who may intercept private communications under authorizations.

  • Marginal note:Installation and removal of device

    (5.1) For greater certainty, an authorization that permits interception by means of an electro-magnetic, acoustic, mechanical or other device includes the authority to install, maintain or remove the device covertly.

  • Marginal note:Removal after expiry of authorization

    (5.2) On an ex parte application, in writing, supported by affidavit, the judge who gave an authorization referred to in subsection (5.1) or any other judge having jurisdiction to give such an authorization may give a further authorization for the covert removal of the electro-magnetic, acoustic, mechanical or other device after the expiry of the original authorization

    • (a) under any terms or conditions that the judge considers advisable in the public interest; and

    • (b) during any specified period of not more than sixty days.

  • Marginal note:Renewal of authorization

    (6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:

    • (a) the reason and period for which the renewal is required,

    • (b) full particulars, together with times and dates, when interceptions, if any, were made or attempted under the authorization, and any information that has been obtained by any interception, and

    • (c) the number of instances, if any, on which, to the knowledge and belief of the deponent, an application has been made under this subsection in relation to the same authorization and on which the application was withdrawn or no renewal was given, the date on which each application was made and the name of the judge to whom each application was made,

    and supported by such other information as the judge may require.

  • Marginal note:Renewal

    (7) A renewal of an authorization may be given if the judge to whom the application is made is satisfied that any of the circumstances described in subsection (1) still obtain, but no renewal shall be for a period exceeding sixty days.

  • Marginal note:Related warrant or order

    (8) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization.

  • R.S., 1985, c. C-46, s. 186
  • 1993, c. 40, s. 6
  • 1997, c. 23, s. 5
  • 1999, c. 5, s. 5
  • 2001, c. 32, s. 6, c. 41, ss. 6.1, 133
  • 2005, c. 10, ss. 23, 34
  • 2014, c. 17, s. 4, c. 31, s. 9

Marginal note:Time limitation in relation to criminal organizations and terrorism offences

186.1  Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

  • (a) an offence under section 467.11, 467.111, 467.12 or 467.13;

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

  • (c) a terrorism offence.

  • 1997, c. 23, s. 6
  • 2001, c. 32, s. 7, c. 41, ss. 7, 133
  • 2014, c. 17, s. 5

Marginal note:Manner in which application to be kept secret

  • 187 (1) All documents relating to an application made pursuant to any provision of this Part are confidential and, subject to subsection (1.1), shall be placed in a packet and sealed by the judge to whom the application is made immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and shall not be dealt with except in accordance with subsections (1.2) to (1.5).

  • Marginal note:Exception

    (1.1) An authorization given under this Part need not be placed in the packet except where, pursuant to subsection 184.3(7) or (8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the facsimile remains with the applicant.

  • Marginal note:Opening for further applications

    (1.2) The sealed packet may be opened and its contents removed for the purpose of dealing with an application for a further authorization or with an application for renewal of an authorization.

  • Marginal note:Opening on order of judge

    (1.3) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet.

  • Marginal note:Opening on order of trial judge

    (1.4) A judge or provincial court judge before whom a trial is to be held and who has jurisdiction in the province in which an authorization was given may order that the sealed packet be opened and its contents removed for the purpose of copying and examining the documents contained in the packet if

    • (a) any matter relevant to the authorization or any evidence obtained pursuant to the authorization is in issue in the trial; and

    • (b) the accused applies for such an order for the purpose of consulting the documents to prepare for trial.

  • Marginal note:Order for destruction of documents

    (1.5) Where a sealed packet is opened, its contents shall not be destroyed except pursuant to an order of a judge of the same court as the judge who gave the authorization.

  • Marginal note:Order of judge

    (2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.

  • Marginal note:Idem

    (3) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to subsection 184.2(2) or section 184.3 may only be made after the Attorney General has been given an opportunity to be heard.

  • Marginal note:Editing of copies

    (4) Where a prosecution has been commenced and an accused applies for an order for the copying and examination of documents pursuant to subsection (1.3) or (1.4), the judge shall not, notwithstanding those subsections, provide any copy of any document to the accused until the prosecutor has deleted any part of the copy of the document that the prosecutor believes would be prejudicial to the public interest, including any part that the prosecutor believes could

    • (a) compromise the identity of any confidential informant;

    • (b) compromise the nature and extent of ongoing investigations;

    • (c) endanger persons engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or

    • (d) prejudice the interests of innocent persons.

  • Marginal note:Accused to be provided with copies

    (5) After the prosecutor has deleted the parts of the copy of the document to be given to the accused under subsection (4), the accused shall be provided with an edited copy of the document.

  • Marginal note:Original documents to be returned

    (6) After the accused has received an edited copy of a document, the prosecutor shall keep a copy of the original document, and an edited copy of the document and the original document shall be returned to the packet and the packet resealed.

  • Marginal note:Deleted parts

    (7) An accused to whom an edited copy of a document has been provided pursuant to subsection (5) may request that the judge before whom the trial is to be held order that any part of the document deleted by the prosecutor be made available to the accused, and the judge shall order that a copy of any part that, in the opinion of the judge, is required in order for the accused to make full answer and defence and for which the provision of a judicial summary would not be sufficient, be made available to the accused.

  • Marginal note:Documents to be kept secret — related warrant or order

    (8) The rules provided for in this section apply to all documents relating to a request for a related warrant or order referred to in subsection 184.2(5), 186(8) or 188(6) with any necessary modifications.

  • R.S., 1985, c. C-46, s. 187
  • R.S., 1985, c. 27 (1st Supp.), s. 24
  • 1993, c. 40, s. 7
  • 2005, c. 10, s. 24
  • 2014, c. 31, s. 10

Marginal note:Applications to specially appointed judges

  • 188 (1) Notwithstanding section 185, an application made under that section for an authorization may be made ex parte to a judge of a superior court of criminal jurisdiction, or a judge as defined in section 552, designated from time to time by the Chief Justice, by a peace officer specially designated in writing, by name or otherwise, for the purposes of this section by

    • (a) the Minister of Public Safety and Emergency Preparedness, if the offence is one in respect of which proceedings, if any, may be instituted by the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or

    • (b) the Attorney General of a province, in respect of any other offence in the province,

    if the urgency of the situation requires interception of private communications to commence before an authorization could, with reasonable diligence, be obtained under section 186.

  • Marginal note:Authorizations in emergency

    (2) Where the judge to whom an application is made pursuant to subsection (1) is satisfied that the urgency of the situation requires that interception of private communications commence before an authorization could, with reasonable diligence, be obtained under section 186, he may, on such terms and conditions, if any, as he considers advisable, give an authorization in writing for a period of up to thirty-six hours.

  • (3)[Repealed, 1993, c. 40, s. 8]

  • Marginal note:Definition of Chief Justice

    (4) In this section, Chief Justice means

    • (a) in the Province of Ontario, the Chief Justice of the Ontario Court;

    • (b) in the Province of Quebec, the Chief Justice of the Superior Court;

    • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, and in the Yukon and the Northwest Territories, the Chief Justice of the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;

    • (e) in the Province of Newfoundland and Labrador, the Chief Justice of the Supreme Court, Trial Division; and

    • (f) in Nunavut, the Chief Justice of the Nunavut Court of Justice.

  • Marginal note:Inadmissibility of evidence

    (5) The trial judge may deem inadmissible the evidence obtained by means of an interception of a private communication pursuant to a subsequent authorization given under this section, where he finds that the application for the subsequent authorization was based on the same facts, and involved the interception of the private communications of the same person or persons, or related to the same offence, on which the application for the original authorization was based.

  • Marginal note:Related warrant or order

    (6) A judge who gives an authorization under this section may, at the same time, issue a warrant or make an order under any of sections 487, 487.01, 487.014 to 487.018, 487.02, 492.1 and 492.2 if the judge is of the opinion that the requested warrant or order is related to the execution of the authorization, that the urgency of the situation requires the warrant or the order and that it can be reasonably executed or complied with within 36 hours.

  • R.S., 1985, c. C-46, s. 188
  • R.S., 1985, c. 27 (1st Supp.), ss. 25, 185(F), c. 27 (2nd Supp.), s. 10
  • 1990, c. 17, s. 10
  • 1992, c. 1, s. 58, c. 51, s. 35
  • 1993, c. 40, s. 8
  • 1999, c. 3, s. 28
  • 2002, c. 7, s. 140
  • 2005, c. 10, s. 34
  • 2014, c. 31, s. 11
  • 2015, c. 3, s. 47
  • 2017, c. 33, s. 255

Marginal note:Execution in Canada

188.1  An authorization given under section 184.2, 184.3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

  • 1993, c. 40, s. 9
  • 2019, c. 25, s. 66

Marginal note:No civil or criminal liability

188.2  No person who acts in accordance with an authorization or under section 184.1 or 184.4 or who aids, in good faith, a person who he or she believes on reasonable grounds is acting in accordance with an authorization or under one of those sections incurs any criminal or civil liability for anything reasonably done further to the authorization or to that section.

  • 1993, c. 40, s. 9

  • 189 (1) to (4)[Repealed, 1993, c. 40, s. 10]

  • Marginal note:Notice of intention to produce evidence

    (5) The contents of a private communication that is obtained from an interception of the private communication pursuant to any provision of, or pursuant to an authorization given under, this Part shall not be received in evidence unless the party intending to adduce it has given to the accused reasonable notice of the intention together with

    • (a) a transcript of the private communication, where it will be adduced in the form of a recording, or a statement setting out full particulars of the private communication, where evidence of the private communication will be given viva voce ; and

    • (b) a statement respecting the time, place and date of the private communication and the parties thereto, if known.

  • Marginal note:Privileged evidence

    (6) Any information obtained by an interception that, but for the interception, would have been privileged remains privileged and inadmissible as evidence without the consent of the person enjoying the privilege.

  • R.S., 1985, c. C-46, s. 189
  • 1993, c. 40, s. 10

Marginal note:Further particulars

190  Where an accused has been given notice pursuant to subsection 189(5), any judge of the court in which the trial of the accused is being or is to be held may at any time order that further particulars be given of the private communication that is intended to be adduced in evidence.

  • 1973-74, c. 50, s. 2

Marginal note:Possession, etc.

  • 191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to

    • (a) a police officer in possession of a device or component described in subsection (1) in the course of his employment;

    • (b) a person in possession of such a device or component for the purpose of using it in an interception made or to be made in accordance with an authorization;

    • (b.1) a person in possession of such a device or component under the direction of a police officer in order to assist that officer in the course of his duties as a police officer;

    • (c) an officer or a servant of Her Majesty in right of Canada or a member of the Canadian Forces in possession of such a device or component in the course of his duties as such an officer, servant or member, as the case may be; and

    • (d) any other person in possession of such a device or component under the authority of a licence issued by the Minister of Public Safety and Emergency Preparedness.

  • Marginal note:Terms and conditions of licence

    (3) A licence issued for the purpose of paragraph (2)(d) may contain such terms and conditions relating to the possession, sale or purchase of a device or component described in subsection (1) as the Minister of Public Safety and Emergency Preparedness may prescribe.

  • R.S., 1985, c. C-46, s. 191
  • R.S., 1985, c. 27 (1st Supp.), s. 26
  • 2005, c. 10, s. 34
  • 2013, c. 8, s. 4
  • 2019, c. 25, s. 67

Marginal note:Forfeiture

  • 192 (1) Where a person is convicted of an offence under section 184 or 191, any electro-magnetic, acoustic, mechanical or other device by means of which the offence was committed or the possession of which constituted the offence, on the conviction, in addition to any punishment that is imposed, may be ordered forfeited to Her Majesty whereupon it may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (2) No order for forfeiture shall be made under subsection (1) in respect of telephone, telegraph or other communication facilities or equipment owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person by means of which an offence under section 184 has been committed if that person was not a party to the offence.

  • 1973-74, c. 50, s. 2

Marginal note:Disclosure of information

  • 193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly

    • (a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or

    • (b) discloses the existence of the private communication.

  • Marginal note:Punishment

    (1.1) Every person who commits an offence under subsection (1) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exemptions

    (2) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication

    • (a) in the course of or for the purpose of giving evidence in any civil or criminal proceedings or in any other proceedings in which the person may be required to give evidence on oath;

    • (b) in the course of or for the purpose of any criminal investigation if the private communication was lawfully intercepted;

    • (c) in giving notice under section 189 or furnishing further particulars pursuant to an order under section 190;

    • (d) in the course of the operation of

      • (i) a telephone, telegraph or other communication service to the public,

      • (ii) a department or an agency of the Government of Canada, or

      • (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),

      if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);

    • (e) where disclosure is made to a peace officer or prosecutor in Canada or to a person or authority with responsibility in a foreign state for the investigation or prosecution of offences and is intended to be in the interests of the administration of justice in Canada or elsewhere; or

    • (f) where the disclosure is made to the Director of the Canadian Security Intelligence Service or to an employee of the Service for the purpose of enabling the Service to perform its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

  • Marginal note:Publishing of prior lawful disclosure

    (3) Subsection (1) does not apply to a person who discloses a private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof or who discloses the existence of a private communication where that which is disclosed by him was, prior to the disclosure, lawfully disclosed in the course of or for the purpose of giving evidence in proceedings referred to in paragraph (2)(a).

  • R.S., 1985, c. C-46, s. 193
  • R.S., 1985, c. 30 (4th Supp.), s. 45
  • 1993, c. 40, s. 11
  • 2004, c. 12, s. 5
  • 2019, c. 25, s. 68

Marginal note:Disclosure of information received from interception of radio-based telephone communications

  • 193.1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if

    • (a) the originator of the communication or the person intended by the originator of the communication to receive it was in Canada when the communication was made;

    • (b) the communication was intercepted by means of an electromagnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of the communication or of the person intended by the originator to receive the communication; and

    • (c) the person does not have the express or implied consent of the originator of the communication or of the person intended by the originator to receive the communication.

  • Marginal note:Other provisions to apply

    (2) Subsections 193(2) and (3) apply, with such modifications as the circumstances require, to disclosures of radio-based telephone communications.

  • 1993, c. 40, s. 12
  • 2019, c. 25, s. 69

Marginal note:Damages

  • 194 (1) Subject to subsection (2), a court that convicts an accused of an offence under section 184, 184.5, 193 or 193.1 may, on the application of a person aggrieved, at the time sentence is imposed, order the accused to pay to that person an amount not exceeding five thousand dollars as punitive damages.

  • Marginal note:No damages where civil proceedings commenced

    (2) No amount shall be ordered to be paid under subsection (1) to a person who has commenced an action under Part II of the Crown Liability Act.

  • Marginal note:Judgment may be registered

    (3) Where an amount that is ordered to be paid under subsection (1) is not paid forthwith, the applicant may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the accused in the same manner as if it were a judgment rendered against the accused in that court in civil proceedings.

  • Marginal note:Moneys in possession of accused may be taken

    (4) All or any part of an amount that is ordered to be paid under subsection (1) may be taken out of moneys found in the possession of the accused at the time of his arrest, except where there is a dispute respecting ownership of or right of possession to those moneys by claimants other than the accused.

  • R.S., 1985, c. C-46, s. 194
  • 1993, c. 40, s. 13

Marginal note:Annual report

  • 195 (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to

    • (a) authorizations for which that Minister and agents specially designated in writing by that Minister for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year;

    • (b) authorizations given under section 188 for which peace officers specially designated by that Minister for the purposes of that section applied and the interceptions made under those authorizations in the immediately preceding year; and

    • (c) interceptions made under section 184.4 in the immediately preceding year if the interceptions relate to an offence for which proceedings may be commenced by the Attorney General of Canada.

  • Marginal note:Information respecting authorizations — sections 185 and 188

    (2) The report shall, in relation to the authorizations and interceptions referred to in paragraphs (1)(a) and (b), set out

    • (a) the number of applications made for authorizations;

    • (b) the number of applications made for renewal of authorizations;

    • (c) the number of applications referred to in paragraphs (a) and (b) that were granted, the number of those applications that were refused and the number of applications referred to in paragraph (a) that were granted subject to terms and conditions;

    • (d) the number of persons identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in the authorization,

      • (ii) an offence other than an offence specified in the authorization but in respect of which an authorization may be given, and

      • (iii) an offence in respect of which an authorization may not be given;

    • (e) the number of persons not identified in an authorization against whom proceedings were commenced at the instance of the Attorney General of Canada in respect of

      • (i) an offence specified in such an authorization,

      • (ii) an offence other than an offence specified in such an authorization but in respect of which an authorization may be given, and

      • (iii) an offence other than an offence specified in such an authorization and for which no such authorization may be given,

      and whose commission or alleged commission of the offence became known to a peace officer as a result of an interception of a private communication under an authorization;

    • (f) the average period for which authorizations were given and for which renewals thereof were granted;

    • (g) the number of authorizations that, by virtue of one or more renewals thereof, were valid for more than sixty days, for more than one hundred and twenty days, for more than one hundred and eighty days and for more than two hundred and forty days;

    • (h) the number of notifications given pursuant to section 196;

    • (i) the offences in respect of which authorizations were given, specifying the number of authorizations given in respect of each of those offences;

    • (j) a description of all classes of places specified in authorizations and the number of authorizations in which each of those classes of places was specified;

    • (k) a general description of the methods of interception involved in each interception under an authorization;

    • (l) the number of persons arrested whose identity became known to a peace officer as a result of an interception under an authorization;

    • (m) the number of criminal proceedings commenced at the instance of the Attorney General of Canada in which private communications obtained by interception under an authorization were adduced in evidence and the number of those proceedings that resulted in a conviction; and

    • (n) the number of criminal investigations in which information obtained as a result of the interception of a private communication under an authorization was used although the private communication was not adduced in evidence in criminal proceedings commenced at the instance of the Attorney General of Canada as a result of the investigations.

  • Marginal note:Information respecting interceptions — section 184.4

    (2.1) The report shall, in relation to the interceptions referred to in paragraph (1)(c), set out

    • (a) the number of interceptions made;

    • (b) the number of parties to each intercepted private communication against whom proceedings were commenced in respect of the offence that the police officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception;

    • (c) the number of persons who were not parties to an intercepted private communication but whose commission or alleged commission of an offence became known to a police officer as a result of the interception of a private communication, and against whom proceedings were commenced in respect of the offence that the police officer sought to prevent in intercepting the private communication or in respect of any other offence that was detected as a result of the interception;

    • (d) the number of notifications given under section 196.1;

    • (e) the offences in respect of which interceptions were made and any other offences for which proceedings were commenced as a result of an interception, as well as the number of interceptions made with respect to each offence;

    • (f) a general description of the methods of interception used for each interception;

    • (g) the number of persons arrested whose identity became known to a police officer as a result of an interception;

    • (h) the number of criminal proceedings commenced in which private communications obtained by interception were adduced in evidence and the number of those proceedings that resulted in a conviction;

    • (i) the number of criminal investigations in which information obtained as a result of the interception of a private communication was used even though the private communication was not adduced in evidence in criminal proceedings commenced as a result of the investigations; and

    • (j) the duration of each interception and the aggregate duration of all the interceptions related to the investigation of the offence that the police officer sought to prevent in intercepting the private communication.

  • Marginal note:Other information

    (3) The report shall, in addition to the information referred to in subsections (2) and (2.1), set out

    • (a) the number of prosecutions commenced against officers or servants of Her Majesty in right of Canada or members of the Canadian Forces for offences under section 184 or 193; and

    • (b) a general assessment of the importance of interception of private communications for the investigation, detection, prevention and prosecution of offences in Canada.

  • Marginal note:Report to be laid before Parliament

    (4) The Minister of Public Safety and Emergency Preparedness shall cause a copy of each report prepared by him under subsection (1) to be laid before Parliament forthwith on completion thereof, or if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

  • Marginal note:Report by Attorneys General

    (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to

    • (a) authorizations for which the Attorney General and agents specially designated in writing by the Attorney General for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year;

    • (b) authorizations given under section 188 for which peace officers specially designated by the Attorney General for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and

    • (c) interceptions made under section 184.4 in the immediately preceding year, if the interceptions relate to an offence not referred to in paragraph (1)(c).

    The report must set out, with any modifications that the circumstances require, the information described in subsections (2) to (3).

  • R.S., 1985, c. C-46, s. 195
  • R.S., 1985, c. 27 (1st Supp.), s. 27
  • 2005, c. 10, s. 34
  • 2013, c. 8, s. 5
  • 2015, c. 20, s. 20

Marginal note:Written notification to be given

  • 196 (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.

  • Marginal note:Extension of period for notification

    (2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.

  • Marginal note:Where extension to be granted

    (3) Where the judge to whom an application referred to in subsection (2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that

    • (a) the investigation of the offence to which the authorization relates, or

    • (b) a subsequent investigation of an offence listed in section 183 commenced as a result of information obtained from the investigation referred to in paragraph (a),

    is continuing and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, each extension not to exceed three years.

  • Marginal note:Application to be accompanied by affidavit

    (4) An application pursuant to subsection (2) shall be accompanied by an affidavit deposing to

    • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

    • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under that subsection in relation to the particular authorization and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

  • Marginal note:Exception for criminal organizations and terrorist groups

    (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

    • (a) an offence under section 467.11, 467.111, 467.12 or 467.13,

    • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

    • (c) a terrorism offence,

    and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

  • R.S., 1985, c. C-46, s. 196
  • R.S., 1985, c. 27 (1st Supp.), s. 28
  • 1993, c. 40, s. 14
  • 1997, c. 23, s. 7
  • 2001, c. 32, s. 8, c. 41, ss. 8, 133
  • 2005, c. 10, s. 25
  • 2014, c. 17, s. 6

Marginal note:Written notice — interception in accordance with section 184.4

  • 196.1 (1) Subject to subsections (3) and (5), the Attorney General of the province in which a police officer intercepts a private communication under section 184.4 or, if the interception relates to an offence for which proceedings may be commenced by the Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness shall give notice in writing of the interception to any person who was the object of the interception within 90 days after the day on which it occurred.

  • Marginal note:Extension of period for notification

    (2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of.

  • Marginal note:Where extension to be granted

    (3) The judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that one of the following investigations is continuing:

    • (a) the investigation of the offence to which the interception relates; or

    • (b) a subsequent investigation of an offence commenced as a result of information obtained from the investigation referred to in paragraph (a).

  • Marginal note:Application to be accompanied by affidavit

    (4) An application shall be accompanied by an affidavit deposing to

    • (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and

    • (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made.

  • Marginal note:Exception — criminal organization or terrorism offence

    (5) Despite subsection (3), the judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that the interception of the communication relates to an investigation of

    • (a) an offence under section 467.11, 467.12 or 467.13;

    • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

    • (c) a terrorism offence.

  • 2013, c. 8, s. 6

PART VII Disorderly Houses, Gaming and Betting

Interpretation

Marginal note:Definitions

  • 197 (1) In this Part,

    bet

    bet  means a bet that is placed on any contingency or event that is to take place in or out of Canada, and without restricting the generality of the foregoing, includes a bet that is placed on any contingency relating to a horse-race, fight, match or sporting event that is to take place in or out of Canada; (pari)

    common bawdy-house

    common bawdy-house [Repealed, 2019, c. 25, s. 69.1]

    common betting house

    common betting house  means a place that is opened, kept or used for the purpose of

    • (a) enabling, encouraging or assisting persons who resort thereto to bet between themselves or with the keeper, or

    • (b) enabling any person to receive, record, register, transmit or pay bets or to announce the results of betting; (maison de pari)

    common gaming house

    common gaming house  means a place that is

    • (a) kept for gain to which persons resort for the purpose of playing games, or

    • (b) kept or used for the purpose of playing games

      • (i) in which a bank is kept by one or more but not all of the players,

      • (ii) in which all or any portion of the bets on or proceeds from a game is paid, directly or indirectly, to the keeper of the place,

      • (iii) in which, directly or indirectly, a fee is charged to or paid by the players for the privilege of playing or participating in a game or using gaming equipment, or

      • (iv) in which the chances of winning are not equally favourable to all persons who play the game, including the person, if any, who conducts the game; (maison de jeu)

    disorderly house

    disorderly house  means a common betting house or a common gaming house; (maison de désordre)

    game

    game  means a game of chance or mixed chance and skill; (jeu)

    gaming equipment

    gaming equipment  means anything that is or may be used for the purpose of playing games or for betting; (matériel de jeu)

    keeper

    keeper  includes a person who

    • (a) is an owner or occupier of a place,

    • (b) assists or acts on behalf of an owner or occupier of a place,

    • (c) appears to be, or to assist or act on behalf of an owner or occupier of a place,

    • (d) has the care or management of a place, or

    • (e) uses a place permanently or temporarily, with or without the consent of the owner or occupier thereof; (tenancier)

    place

    place  includes any place, whether or not

    • (a) it is covered or enclosed,

    • (b) it is used permanently or temporarily, or

    • (c) any person has an exclusive right of user with respect to it; (local ou endroit)

    prostitute

    prostitute [Repealed, 2014, c. 25, s. 12]

    public place

    public place  includes any place to which the public have access as of right or by invitation, express or implied. (endroit public)

  • Marginal note:Exception

    (2) A place is not a common gaming house within the meaning of paragraph (a) or subparagraph (b)(ii) or (iii) of the definition common gaming house in subsection (1) while it is occupied and used by an incorporated genuine social club or branch thereof, if

    • (a) the whole or any portion of the bets on or proceeds from games played therein is not directly or indirectly paid to the keeper thereof; and

    • (b) no fee is charged to persons for the right or privilege of participating in the games played therein other than under the authority of and in accordance with the terms of a licence issued by the Attorney General of the province in which the place is situated or by such other person or authority in the province as may be specified by the Attorney General thereof.

  • Marginal note:Onus

    (3) The onus of proving that, by virtue of subsection (2), a place is not a common gaming house is on the accused.

  • Marginal note:Effect when game partly played on premises

    (4) A place may be a common gaming house notwithstanding that

    • (a) it is used for the purpose of playing part of a game and another part of the game is played elsewhere;

    • (b) the stake that is played for is in some other place; or

    • (c) it is used on only one occasion in the manner described in paragraph (b) of the definition common gaming house in subsection (1), if the keeper or any person acting on behalf of or in concert with the keeper has used another place on another occasion in the manner described in that paragraph.

  • R.S., 1985, c. C-46, s. 197
  • R.S., 1985, c. 27 (1st Supp.), s. 29
  • 2014, c. 25, s. 12
  • 2019, c. 25, s. 69.1

Presumptions

198 [Repealed, 2018, c. 29, s. 16]

Search

Marginal note:Warrant to search

  • 199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

  • Marginal note:Search without warrant, seizure and arrest

    (2) A peace officer may, whether or not he is acting under a warrant issued pursuant to this section, take into custody any person whom he finds keeping a common gaming house and any person whom he finds therein, and may seize anything that may be evidence that such an offence is being committed and shall bring those persons and things before a justice having jurisdiction, to be dealt with according to law.

  • Marginal note:Disposal of property seized

    (3) Except where otherwise expressly provided by law, a court, judge, justice or provincial court judge before whom anything that is seized under this section is brought may declare that the thing is forfeited, in which case it shall be disposed of or dealt with as the Attorney General may direct if no person shows sufficient cause why it should not be forfeited.

  • Marginal note:When declaration or direction may be made

    (4) No declaration or direction shall be made pursuant to subsection (3) in respect of anything seized under this section until

    • (a) it is no longer required as evidence in any proceedings that are instituted pursuant to the seizure; or

    • (b) the expiration of thirty days from the time of seizure where it is not required as evidence in any proceedings.

  • Marginal note:Conversion into money

    (5) The Attorney General may, for the purpose of converting anything forfeited under this section into money, deal with it in all respects as if he were the owner thereof.

  • Marginal note:Telephones exempt from seizure

    (6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

  • Marginal note:Exception

    (7) Subsection (6) does not apply to prohibit the seizure, for use as evidence, of any facility or equipment described in that subsection that is designed or adapted to record a communication.

  • R.S., 1985, c. C-46, s. 199
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1994, c. 44, s. 10
  • 2019, c. 25, s. 69.2

Obstruction

200 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 30]

Gaming and Betting

Marginal note:Keeping gaming or betting house

  • 201 (1) Every person who keeps a common gaming house or common betting house is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Person found in or owner permitting use

    (2) Every one who

    • (a) is found, without lawful excuse, in a common gaming house or common betting house, or

    • (b) as owner, landlord, lessor, tenant, occupier or agent, knowingly permits a place to be let or used for the purposes of a common gaming house or common betting house,

    is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 201
  • 2019, c. 25, s. 70

Marginal note:Betting, pool-selling, book-making, etc.

  • 202 (1) Every one commits an offence who

    • (a) uses or knowingly allows a place under his control to be used for the purpose of recording or registering bets or selling a pool;

    • (b) imports, makes, buys, sells, rents, leases, hires or keeps, exhibits, employs or knowingly allows to be kept, exhibited or employed in any place under his control any device or apparatus for the purpose of recording or registering bets or selling a pool, or any machine or device for gambling or betting;

    • (c) has under his control any money or other property relating to a transaction that is an offence under this section;

    • (d) records or registers bets or sells a pool;

    • (e) engages in book-making or pool-selling, or in the business or occupation of betting, or makes any agreement for the purchase or sale of betting or gaming privileges, or for the purchase or sale of information that is intended to assist in book-making, pool-selling or betting;

    • (f) prints, provides or offers to print or provide information intended for use in connection with book-making, pool-selling or betting on any horse-race, fight, game or sport, whether or not it takes place in or outside Canada or has or has not taken place;

    • (g) imports or brings into Canada any information or writing that is intended or is likely to promote or be of use in gambling, book-making, pool-selling or betting on a horse-race, fight, game or sport, and where this paragraph applies it is immaterial

      • (i) whether the information is published before, during or after the race, fight game or sport, or

      • (ii) whether the race, fight, game or sport takes place in Canada or elsewhere,

      but this paragraph does not apply to a newspaper, magazine or other periodical published in good faith primarily for a purpose other than the publication of such information;

    • (h) advertises, prints, publishes, exhibits, posts up, or otherwise gives notice of any offer, invitation or inducement to bet on, to guess or to foretell the result of a contest, or a result of or contingency relating to any contest;

    • (i) wilfully and knowingly sends, transmits, delivers or receives any message that conveys any information relating to book-making, pool-selling, betting or wagering, or that is intended to assist in book-making, pool-selling, betting or wagering; or

    • (j) aids or assists in any manner in anything that is an offence under this section.

  • Marginal note:Punishment

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

    • (a) for a first offence, to imprisonment for not more than two years;

    • (b) for a second offence, to imprisonment for not more than two years and not less than fourteen days; and

    • (c) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

  • R.S., 1985, c. C-46, s. 202
  • 2008, c. 18, s. 5

Marginal note:Placing bets on behalf of others

203  Every one who

  • (a) places or offers or agrees to place a bet on behalf of another person for a consideration paid or to be paid by or on behalf of that other person,

  • (b) engages in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise, or

  • (c) holds himself out or allows himself to be held out as engaging in the business or practice of placing or agreeing to place bets on behalf of other persons, whether for a consideration or otherwise,

is guilty of an indictable offence and liable

  • (d) for a first offence, to imprisonment for not more than two years,

  • (e) for a second offence, to imprisonment for not more than two years and not less than fourteen days, and

  • (f) for each subsequent offence, to imprisonment for not more than two years and not less than three months.

  • R.S., c. C-34, s. 187
  • 1974-75-76, c. 93, s. 11

Marginal note:Exemption

  • 204 (1) Sections 201 and 202 do not apply to

    • (a) any person or association by reason of his or their becoming the custodian or depository of any money, property or valuable thing staked, to be paid to

      • (i) the winner of a lawful race, sport, game or exercise,

      • (ii) the owner of a horse engaged in a lawful race, or

      • (iii) the winner of any bets between not more than ten individuals;

    • (b) a private bet between individuals not engaged in any way in the business of betting;

    • (c) bets made or records of bets made through the agency of a pari-mutuel system on running, trotting or pacing horse-races if

      • (i) the bets or records of bets are made on the race-course of an association in respect of races conducted at that race-course or another race-course in or out of Canada, and, in the case of a race conducted on a race-course situated outside Canada, the governing body that regulates the race has been certified as acceptable by the Minister of Agriculture and Agri-Food or a person designated by that Minister pursuant to subsection (8.1) and that Minister or person has permitted pari-mutuel betting in Canada on the race pursuant to that subsection, and

      • (ii) the provisions of this section and the regulations are complied with.

  • Marginal note:Exception

    (1.1) For greater certainty, a person may, in accordance with the regulations, do anything described in section 201 or 202, if the person does it for the purposes of legal pari-mutuel betting.

  • Marginal note:Presumption

    (2) For the purposes of paragraph (1)(c), bets made, in accordance with the regulations, in a betting theatre referred to in paragraph (8)(e), or by any means of telecommunication to the race-course of an association or to such a betting theatre, are deemed to be made on the race-course of the association.

  • Marginal note:Operation of pari-mutuel system

    (3) No person or association shall use a pari-mutuel system of betting in respect of a horse-race unless the system has been approved by and its operation is carried on under the supervision of an officer appointed by the Minister of Agriculture and Agri-Food.

  • Marginal note:Supervision of pari-mutuel system

    (4) Every person or association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, whether or not the person or association is conducting the race-meeting at which the race is run, shall pay to the Receiver General in respect of each individual pool of the race and each individual feature pool one-half of one per cent, or such greater fraction not exceeding one per cent as may be fixed by the Governor in Council, of the total amount of money that is bet through the agency of the pari-mutuel system of betting.

  • Marginal note:Percentage that may be deducted and retained

    (5) Where any person or association becomes a custodian or depository of any money, bet or stakes under a pari-mutuel system in respect of a horse-race, that person or association shall not deduct or retain any amount from the total amount of money, bets or stakes unless it does so pursuant to subsection (6).

  • Marginal note:Percentage that may be deducted and retained

    (6) An association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, or any other association or person acting on its behalf, may deduct and retain from the total amount of money that is bet through the agency of the pari-mutuel system, in respect of each individual pool of each race or each individual feature pool, a percentage not exceeding the percentage prescribed by the regulations plus any odd cents over any multiple of five cents in the amount calculated in accordance with the regulations to be payable in respect of each dollar bet.

  • Marginal note:Stopping of betting

    (7) Where an officer appointed by the Minister of Agriculture and Agri-Food is not satisfied that the provisions of this section and the regulations are being carried out in good faith by any person or association in relation to a race meeting, he may, at any time, order any betting in relation to the race meeting to be stopped for any period that he considers proper.

  • Marginal note:Regulations

    (8) The Minister of Agriculture and Agri-Food may make regulations

    • (a) prescribing the maximum number of races for each race-course on which a race meeting is conducted, in respect of which a pari-mutuel system of betting may be used for the race meeting or on any one calendar day during the race meeting, and the circumstances in which the Minister of Agriculture and Agri-Food or a person designated by him for that purpose may approve of the use of that system in respect of additional races on any race-course for a particular race meeting or on a particular day during the race meeting;

    • (b) prohibiting any person or association from using a pari-mutuel system of betting for any race-course on which a race meeting is conducted in respect of more than the maximum number of races prescribed pursuant to paragraph (a) and the additional races, if any, in respect of which the use of a pari-mutuel system of betting has been approved pursuant to that paragraph;

    • (c) prescribing the maximum percentage that may be deducted and retained pursuant to subsection (6) by or on behalf of a person or association operating a pari-mutuel system of betting in respect of a horse-race in accordance with this section and providing for the determination of the percentage that each such person or association may deduct and retain;

    • (d) respecting pari-mutuel betting in Canada on horse-races conducted on a race-course situated outside Canada; and

    • (e) authorizing pari-mutuel betting and governing the conditions for pari-mutuel betting, including the granting of licences therefor, that is conducted by an association in a betting theatre owned or leased by the association in a province in which the Lieutenant Governor in Council, or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, has issued a licence to that association for the betting theatre.

  • Marginal note:Approvals

    (8.1) The Minister of Agriculture and Agri-Food or a person designated by that Minister may, with respect to a horse-race conducted on a race-course situated outside Canada,

    • (a) certify as acceptable, for the purposes of this section, the governing body that regulates the race; and

    • (b) permit pari-mutuel betting in Canada on the race.

  • Marginal note:Idem

    (9) The Minister of Agriculture and Agri-Food may make regulations respecting

    • (a) the supervision and operation of pari-mutuel systems related to race meetings, and the fixing of the dates on which and the places at which an association may conduct those meetings;

    • (b) the method of calculating the amount payable in respect of each dollar bet;

    • (c) the conduct of race-meetings in relation to the supervision and operation of pari-mutuel systems, including photo-finishes, video patrol and the testing of bodily substances taken from horses entered in a race at such meetings, including, in the case of a horse that dies while engaged in racing or immediately before or after the race, the testing of any tissue taken from its body;

    • (d) the prohibition, restriction or regulation of

      • (i) the possession of drugs or medicaments or of equipment used in the administering of drugs or medicaments at or near race-courses, or

      • (ii) the administering of drugs or medicaments to horses participating in races run at a race meeting during which a pari-mutuel system of betting is used; and

    • (e) the provision, equipment and maintenance of accommodation, services or other facilities for the proper supervision and operation of pari-mutuel systems related to race meetings, by associations conducting those meetings or by other associations.

  • Marginal note:900 metre zone

    (9.1) For the purposes of this section, the Minister of Agriculture and Agri-Food may designate, with respect to any race-course, a zone that shall be deemed to be part of the race-course, if

    • (a) the zone is immediately adjacent to the race-course;

    • (b) the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and

    • (c) all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.

  • Marginal note:Contravention

    (10) Every person who contravenes or fails to comply with any of the provisions of this section or of any regulations made under this section is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of association

    (11) For the purposes of this section, association means an association incorporated by or pursuant to an Act of Parliament or of the legislature of a province that owns or leases a race-course and conducts horse-races in the ordinary course of its business and, to the extent that the applicable legislation requires that the purposes of the association be expressly stated in its constating instrument, having as one of its purposes the conduct of horse-races.

  • R.S., 1985, c. C-46, s. 204
  • R.S., 1985, c. 47 (1st Supp.), s. 1
  • 1989, c. 2, s. 1
  • 1994, c. 38, ss. 14, 25
  • 2008, c. 18, s. 6

205 [Repealed, R.S., 1985, c. 52 (1st Supp.), s. 1]

Marginal note:Offence in relation to lotteries and games of chance

  • 206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

    • (a) makes, prints, advertises or publishes, or causes or procures to be made, printed, advertised or published, any proposal, scheme or plan for advancing, lending, giving, selling or in any way disposing of any property by lots, cards, tickets or any mode of chance whatever;

    • (b) sells, barters, exchanges or otherwise disposes of, or causes or procures, or aids or assists in, the sale, barter, exchange or other disposal of, or offers for sale, barter or exchange, any lot, card, ticket or other means or device for advancing, lending, giving, selling or otherwise disposing of any property by lots, tickets or any mode of chance whatever;

    • (c) knowingly sends, transmits, mails, ships, delivers or allows to be sent, transmitted, mailed, shipped or delivered, or knowingly accepts for carriage or transport or conveys any article that is used or intended for use in carrying out any device, proposal, scheme or plan for advancing, lending, giving, selling or otherwise disposing of any property by any mode of chance whatever;

    • (d) conducts or manages any scheme, contrivance or operation of any kind for the purpose of determining who, or the holders of what lots, tickets, numbers or chances, are the winners of any property so proposed to be advanced, lent, given, sold or disposed of;

    • (e) conducts, manages or is a party to any scheme, contrivance or operation of any kind by which any person, on payment of any sum of money, or the giving of any valuable security, or by obligating himself to pay any sum of money or give any valuable security, shall become entitled under the scheme, contrivance or operation to receive from the person conducting or managing the scheme, contrivance or operation, or any other person, a larger sum of money or amount of valuable security than the sum or amount paid or given, or to be paid or given, by reason of the fact that other persons have paid or given, or obligated themselves to pay or give any sum of money or valuable security under the scheme, contrivance or operation;

    • (f) disposes of any goods, wares or merchandise by any game of chance or any game of mixed chance and skill in which the contestant or competitor pays money or other valuable consideration;

    • (g) induces any person to stake or hazard any money or other valuable property or thing on the result of any dice game, three-card monte, punch board, coin table or on the operation of a wheel of fortune;

    • (h) for valuable consideration carries on or plays or offers to carry on or to play, or employs any person to carry on or play in a public place or a place to which the public have access, the game of three-card monte;

    • (i) receives bets of any kind on the outcome of a game of three-card monte; or

    • (j) being the owner of a place, permits any person to play the game of three-card monte therein.

  • Definition of three-card monte

    (2) In this section, three-card monte means the game commonly known as three-card monte and includes any other game that is similar to it, whether or not the game is played with cards and notwithstanding the number of cards or other things that are used for the purpose of playing.

  • Marginal note:Exemption for fairs

    (3) Paragraphs (1)(f) and (g), in so far as they do not relate to a dice game, three-card monte, punch board or coin table, do not apply to the board of an annual fair or exhibition, or to any operator of a concession leased by that board within its own grounds and operated during the fair or exhibition on those grounds.

  • Definition of fair or exhibition

    (3.1) For the purposes of this section, fair or exhibition means an event where agricultural or fishing products are presented or where activities relating to agriculture or fishing take place.

  • Marginal note:Offence

    (4) Every one who buys, takes or receives a lot, ticket or other device mentioned in subsection (1) is guilty of an offence punishable on summary conviction.

  • Marginal note:Lottery sale void

    (5) Every sale, loan, gift, barter or exchange of any property, by any lottery, ticket, card or other mode of chance depending on or to be determined by chance or lot, is void, and all property so sold, lent, given, bartered or exchanged is forfeited to Her Majesty.

  • Marginal note: Bona fide exception

    (6) Subsection (5) does not affect any right or title to property acquired by any bona fide purchaser for valuable consideration without notice.

  • Marginal note:Foreign lottery included

    (7) This section applies to the printing or publishing, or causing to be printed or published, of any advertisement, scheme, proposal or plan of any foreign lottery, and the sale or offer for sale of any ticket, chance or share, in any such lottery, or the advertisement for sale of such ticket, chance or share, and the conducting or managing of any such scheme, contrivance or operation for determining the winners in any such lottery.

  • Marginal note:Saving

    (8) This section does not apply to

    • (a) the division by lot or chance of any property by joint tenants or tenants in common, or persons having joint interests in any such property; or

    • (b)[Repealed, 1999, c. 28, s. 156]

    • (c) bonds, debentures, debenture stock or other securities recallable by drawing of lots and redeemable with interest and providing for payment of premiums on redemption or otherwise.

  • R.S., 1985, c. C-46, s. 206
  • R.S., 1985, c. 52 (1st Supp.), s. 2
  • 1999, c. 28, s. 156
  • 2019, c. 25, s. 71

Marginal note:Permitted lotteries

  • 207 (1) Notwithstanding any of the provisions of this Part relating to gaming and betting, it is lawful

    • (a) for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and the other province, in accordance with any law enacted by the legislature of that province;

    • (b) for a charitable or religious organization, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme in that province if the proceeds from the lottery scheme are used for a charitable or religious object or purpose;

    • (c) for the board of a fair or of an exhibition, or an operator of a concession leased by that board, to conduct and manage a lottery scheme in a province where the Lieutenant Governor in Council of the province or such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof has

      • (i) designated that fair or exhibition as a fair or exhibition where a lottery scheme may be conducted and managed, and

      • (ii) issued a licence for the conduct and management of a lottery scheme to that board or operator;

    • (d) for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council thereof, to conduct and manage a lottery scheme at a public place of amusement in that province if

      • (i) the amount or value of each prize awarded does not exceed five hundred dollars, and

      • (ii) the money or other valuable consideration paid to secure a chance to win a prize does not exceed two dollars;

    • (e) for the government of a province to agree with the government of another province that lots, cards or tickets in relation to a lottery scheme that is by any of paragraphs (a) to (d) authorized to be conducted and managed in that other province may be sold in the province;

    • (f) for any person, pursuant to a licence issued by the Lieutenant Governor in Council of a province or such other person or authority in the province as may be designated by the Lieutenant Governor in Council thereof, to conduct and manage in the province a lottery scheme that is authorized to be conducted and managed in one or more other provinces where the authority by which the lottery scheme was first authorized to be conducted and managed consents thereto;

    • (g) for any person, for the purpose of a lottery scheme that is lawful in a province under any of paragraphs (a) to (f), to do anything in the province, in accordance with the applicable law or licence, that is required for the conduct, management or operation of the lottery scheme or for the person to participate in the scheme; and

    • (h) for any person to make or print anywhere in Canada or to cause to be made or printed anywhere in Canada anything relating to gaming and betting that is to be used in a place where it is or would, if certain conditions provided by law are met, be lawful to use such a thing, or to send, transmit, mail, ship, deliver or allow to be sent, transmitted, mailed, shipped or delivered or to accept for carriage or transport or convey any such thing where the destination thereof is such a place.

  • Marginal note:Terms and conditions of licence

    (2) Subject to this Act, a licence issued by or under the authority of the Lieutenant Governor in Council of a province as described in paragraph (1)(b), (c), (d) or (f) may contain such terms and conditions relating to the conduct, management and operation of or participation in the lottery scheme to which the licence relates as the Lieutenant Governor in Council of that province, the person or authority in the province designated by the Lieutenant Governor in Council thereof or any law enacted by the legislature of that province may prescribe.

  • Marginal note:Offence

    (3) Every one who, for the purposes of a lottery scheme, does anything that is not authorized by or pursuant to a provision of this section

    • (a) in the case of the conduct, management or operation of that lottery scheme,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or

      • (ii) is guilty of an offence punishable on summary conviction; or

    • (b) in the case of participating in that lottery scheme, is guilty of an offence punishable on summary conviction.

  • Marginal note:Definition of lottery scheme

    (4) In this section, lottery scheme means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting other than

    • (a) three-card monte, punch board or coin table;

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any horse-race; or

    • (c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device, slot machine or a dice game.

  • Marginal note:Definition of slot machine

    (4.01) In paragraph 4(c), slot machine means any automatic machine or slot machine, other than any automatic machine or slot machine that dispenses as prizes only one or more free games on that machine, that

    • (a) is used or intended to be used for any purpose other than selling merchandise or services; or

    • (b) is used or intended to be used for the purpose of selling merchandise or services if

      • (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,

      • (ii) as a result of a given number of successive operations by the operator, the machine produces different results, or

      • (iii) on any operation of the machine, it discharges or emits a slug or token.

  • Marginal note:Exception — charitable or religious organization

    (4.1) The use of a computer for the sale of a ticket, selection of a winner or the distribution of a prize in a raffle, including a 50/50 draw, is excluded from paragraph (4)(c) in so far as the raffle is authorized under paragraph (1)(b) and the proceeds are used for a charitable or religious object or purpose.

  • Marginal note:Exception re: pari-mutuel betting

    (5) For greater certainty, nothing in this section shall be construed as authorizing the making or recording of bets on horse-races through the agency of a pari-mutuel system other than in accordance with section 204.

  • R.S., 1985, c. C-46, s. 207
  • R.S., 1985, c. 27 (1st Supp.), s. 31, c. 52 (1st Supp.), s. 3
  • 1999, c. 5, s. 6
  • 2014, c. 39, s. 171
  • 2018, c. 29, s. 17
  • 2021, c. 20, s. 2

Marginal note:Exemption — lottery scheme on an international cruise ship

  • 207.1 (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:

    • (a) all the people participating in the lottery scheme are located on the ship;

    • (b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;

    • (c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and

    • (d) the ship is registered

      • (i) in Canada and its entire voyage is scheduled to be outside Canada, or

      • (ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage

        • (A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and

        • (B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.

  • Marginal note:Paragraph 207(1)(h) and subsection 207(5) apply

    (2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.

  • Marginal note:Offence

    (3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section

    • (a) in the case of the conduct, management or operation of the lottery scheme,

      • (i) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or

      • (ii) is guilty of an offence punishable on summary conviction; and

    • (b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) The definitions in this subsection apply in this section.

    international cruise ship

    international cruise ship  means a passenger ship that is suitable for continuous ocean voyages of at least forty-eight hours duration, but does not include such a ship that is used or fitted for the primary purpose of transporting cargo or vehicles. (navire de croisière internationale)

    lottery scheme

    lottery scheme  means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include

    • (a) three-card monte, punch board or coin table; or

    • (b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest. (loterie)

  • 1999, c. 5, s. 7

208 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 32]

Marginal note:Cheating at play

209  Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 209
  • 2019, c. 25, s. 72

210 [Repealed, 2019, c. 25, s. 73]

211 [Repealed, 2019, c. 25, s. 73]

212 [Repealed, 2014, c. 25, s. 13]

Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration

Marginal note:Stopping or impeding traffic

  • 213 (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,

    • (a) stops or attempts to stop any motor vehicle; or

    • (b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place.

    • (c)[Repealed, 2014, c. 25, s. 15]

  • Marginal note:Communicating to provide sexual services for consideration

    (1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration  —  in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.

  • Definition of public place

    (2) In this section, public place includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

  • R.S., 1985, c. C-46, s. 213
  • R.S., 1985, c. 51 (1st Supp.), s. 1
  • 2014, c. 25, s. 15

PART VIII Offences Against the Person and Reputation

Interpretation

Marginal note:Definitions

214  In this Part,

abandon

abandon or expose  includes

  • (a) a wilful omission to take charge of a child by a person who is under a legal duty to do so, and

  • (b) dealing with a child in a manner that is likely to leave that child exposed to risk without protection; (abandonner ou exposer)

aircraft

aircraft [Repealed, 2018, c. 21, s. 13]

child

child [Repealed, 2002, c. 13, s. 9]

form of marriage

form of marriage  includes a ceremony of marriage that is recognized as valid

  • (a) by the law of the place where it was celebrated, or

  • (b) by the law of the place where an accused is tried, notwithstanding that it is not recognized as valid by the law of the place where it was celebrated; (formalité de mariage)

guardian

guardian  includes a person who has in law or in fact the custody or control of a child. (tuteur)

operate

operate [Repealed, 2018, c. 21, s. 13]

vessel

vessel [Repealed, 2018, c. 21, s. 13]

  • R.S., 1985, c. C-46, s. 214
  • R.S., 1985, c. 27 (1st Supp.), s. 33, c. 32 (4th Supp.), s. 56
  • 2002, c. 13, s. 9
  • 2018, c. 21, s. 13

Duties Tending to Preservation of Life

Marginal note:Duty of persons to provide necessaries

  • 215 (1) Every one is under a legal duty

    • (a) as a parent, foster parent, guardian or head of a family, to provide necessaries of life for a child under the age of sixteen years;

    • (b) to provide necessaries of life to their spouse or common-law partner; and

    • (c) to provide necessaries of life to a person under his charge if that person

      • (i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

      • (ii) is unable to provide himself with necessaries of life.

  • Marginal note:Offence

    (2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

    • (a) with respect to a duty imposed by paragraph (1)(a) or (b),

      • (i) the person to whom the duty is owed is in destitute or necessitous circumstances, or

      • (ii) the failure to perform the duty endangers the life of the person to whom the duty is owed, or causes or is likely to cause the health of that person to be endangered permanently; or

    • (b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (2)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Presumptions

    (4) For the purpose of proceedings under this section,

    • (a)[Repealed, 2000, c. 12, s. 93]

    • (b) evidence that a person has in any way recognized a child as being his child is, in the absence of any evidence to the contrary, proof that the child is his child;

    • (c) evidence that a person has failed for a period of one month to make provision for the maintenance of any child of theirs under the age of sixteen years is, in the absence of any evidence to the contrary, proof that the person has failed without lawful excuse to provide necessaries of life for the child; and

    • (d) the fact that a spouse or common-law partner or child is receiving or has received necessaries of life from another person who is not under a legal duty to provide them is not a defence.

  • R.S., 1985, c. C-46, s. 215
  • 1991, c. 43, s. 9
  • 2000, c. 12, ss. 93, 95
  • 2005, c. 32, s. 11
  • 2018, c. 29, s. 18
  • 2019, c. 25, s. 74

Marginal note:Duty of persons undertaking acts dangerous to life

216  Every one who undertakes to administer surgical or medical treatment to another person or to do any other lawful act that may endanger the life of another person is, except in cases of necessity, under a legal duty to have and to use reasonable knowledge, skill and care in so doing.

  • R.S., c. C-34, s. 198

Marginal note:Duty of persons undertaking acts

217  Every one who undertakes to do an act is under a legal duty to do it if an omission to do the act is or may be dangerous to life.

  • R.S., c. C-34, s. 199

Marginal note:Duty of persons directing work

217.1  Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

  • 2003, c. 21, s. 3

Marginal note:Abandoning child

218  Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 218
  • 2005, c. 32, s. 12
  • 2019, c. 25, s. 75

Criminal Negligence

Marginal note:Criminal negligence

  • 219 (1) Every one is criminally negligent who

    • (a) in doing anything, or

    • (b) in omitting to do anything that it is his duty to do,

    shows wanton or reckless disregard for the lives or safety of other persons.

  • Definition of duty

    (2) For the purposes of this section, duty means a duty imposed by law.

  • R.S., c. C-34, s. 202

Marginal note:Causing death by criminal negligence

220  Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

  • R.S., 1985, c. C-46, s. 220
  • 1995, c. 39, s. 141

Marginal note:Causing bodily harm by criminal negligence

221  Every person who by criminal negligence causes bodily harm to another person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 221
  • 2019, c. 25, s. 76

Homicide

Marginal note:Homicide

  • 222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.

  • Marginal note:Kinds of homicide

    (2) Homicide is culpable or not culpable.

  • Marginal note:Non culpable homicide

    (3) Homicide that is not culpable is not an offence.

  • Marginal note:Culpable homicide

    (4) Culpable homicide is murder or manslaughter or infanticide.

  • Marginal note:Idem

    (5) A person commits culpable homicide when he causes the death of a human being,

    • (a) by means of an unlawful act;

    • (b) by criminal negligence;

    • (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or

    • (d) by wilfully frightening that human being, in the case of a child or sick person.

  • Marginal note:Exception

    (6) Notwithstanding anything in this section, a person does not commit homicide within the meaning of this Act by reason only that he causes the death of a human being by procuring, by false evidence, the conviction and death of that human being by sentence of the law.

  • R.S., c. C-34, s. 205

Marginal note:When child becomes human being

  • 223 (1) A child becomes a human being within the meaning of this Act when it has completely proceeded, in a living state, from the body of its mother, whether or not

    • (a) it has breathed;

    • (b) it has an independent circulation; or

    • (c) the navel string is severed.

  • Marginal note:Killing child

    (2) A person commits homicide when he causes injury to a child before or during its birth as a result of which the child dies after becoming a human being.

  • R.S., c. C-34, s. 206

Marginal note:Death that might have been prevented

224  Where a person, by an act or omission, does any thing that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means.

  • R.S., c. C-34, s. 207

Marginal note:Death from treatment of injury

225  Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.

  • R.S., c. C-34, s. 208

Marginal note:Acceleration of death

226  Where a person causes to a human being a bodily injury that results in death, he causes the death of that human being notwithstanding that the effect of the bodily injury is only to accelerate his death from a disease or disorder arising from some other cause.

  • R.S., c. C-34, s. 209

Marginal note:Exemption for medical assistance in dying

  • 227 (1) No medical practitioner or nurse practitioner commits culpable homicide if they provide a person with medical assistance in dying in accordance with section 241.2.

  • Marginal note:Exemption for person aiding practitioner

    (2) No person is a party to culpable homicide if they do anything for the purpose of aiding a medical practitioner or nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.2.

  • Marginal note:Reasonable but mistaken belief

    (3) For greater certainty, the exemption set out in subsection (1) or (2) applies even if the person invoking it has a reasonable but mistaken belief about any fact that is an element of the exemption.

  • Marginal note:Non-application of section 14

    (4) Section 14 does not apply with respect to a person who consents to have death inflicted on them by means of medical assistance in dying provided in accordance with section 241.2.

  • Marginal note:Definitions

    (5) In this section, medical assistance in dying , medical practitioner and nurse practitioner have the same meanings as in section 241.1.

  • R.S., 1985, c. C-46, s. 227
  • R.S., 1985, c. 27 (1st Supp.), s. 34
  • 1997, c. 18, s. 9
  • 1999, c. 5, s. 9
  • 2016, c. 3, s. 2

Marginal note:Killing by influence on the mind

228  No person commits culpable homicide where he causes the death of a human being

  • (a) by any influence on the mind alone, or

  • (b) by any disorder or disease resulting from influence on the mind alone,

but this section does not apply where a person causes the death of a child or sick person by wilfully frightening him.

  • R.S., c. C-34, s. 211

Murder, Manslaughter and Infanticide

Marginal note:Murder

229  Culpable homicide is murder

  • (a) where the person who causes the death of a human being

    • (i) means to cause his death, or

    • (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;

  • (b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or

  • (c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.

  • R.S., 1985, c. C-46, s. 229
  • 2019, c. 25, s. 77

230 [Repealed, 2019, c. 25, s. 78]

Marginal note:Classification of murder

  • 231 (1) Murder is first degree murder or second degree murder.

  • Marginal note:Planned and deliberate murder

    (2) Murder is first degree murder when it is planned and deliberate.

  • Marginal note:Contracted murder

    (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other's causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

  • Marginal note:Murder of peace officer, etc.

    (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is

    • (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff's officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;

    • (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or

    • (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

  • Marginal note:Hijacking, sexual assault or kidnapping

    (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

    • (a) section 76 (hijacking an aircraft);

    • (b) section 271 (sexual assault);

    • (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);

    • (d) section 273 (aggravated sexual assault);

    • (e) section 279 (kidnapping and forcible confinement); or

    • (f) section 279.1 (hostage taking).

  • 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 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

  • Marginal note:Murder — terrorist activity

    (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

  • Marginal note:Murder — criminal organization

    (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when

    • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or

    • (b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

  • Marginal note:Intimidation

    (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

  • Marginal note:Second degree murder

    (7) All murder that is not first degree murder is second degree murder.

  • R.S., 1985, c. C-46, s. 231
  • R.S., 1985, c. 27 (1st Supp.), ss. 7, 35, 40, 185(F), c. 1 (4th Supp.), s. 18(F)
  • 1997, c. 16, s. 3, c. 23, s. 8
  • 2001, c. 32, s. 9, c. 41, s. 9
  • 2009, c. 22, s. 5

Marginal note:Murder reduced to manslaughter

  • 232 (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.

  • Marginal note:What is provocation

    (2) Conduct of the victim that would constitute an indictable offence under this Act that is punishable by five or more years of imprisonment and that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section, if the accused acted on it on the sudden and before there was time for their passion to cool.

  • Marginal note:Questions of fact

    (3) For the purposes of this section, the questions

    • (a) whether the conduct of the victim amounted to provocation under subsection (2), and

    • (b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received,

    are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.

  • Marginal note:Death during illegal arrest

    (4) Culpable homicide that otherwise would be murder is not necessarily manslaughter by reason only that it was committed by a person who was being arrested illegally, but the fact that the illegality of the arrest was known to the accused may be evidence of provocation for the purpose of this section.

  • R.S., 1985, c. C-46, s. 232
  • 2015, c. 29, s. 7

Marginal note:Infanticide

233  A female person commits infanticide when by a wilful act or omission she causes the death of her newly-born child, if at the time of the act or omission she is not fully recovered from the effects of giving birth to the child and by reason thereof or of the effect of lactation consequent on the birth of the child her mind is then disturbed.

  • R.S., c. C-34, s. 216

Marginal note:Manslaughter

234  Culpable homicide that is not murder or infanticide is manslaughter.

  • R.S., c. C-34, s. 217

Marginal note:Punishment for murder

  • 235 (1) Every one who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life.

  • Marginal note:Minimum punishment

    (2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.

  • R.S., c. C-34, s. 218
  • 1973-74, c. 38, s. 3
  • 1974-75-76, c. 105, s. 5

Marginal note:Manslaughter

236  Every person who commits manslaughter is guilty of an indictable offence and liable

  • (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

  • (b) in any other case, to imprisonment for life.

  • R.S., 1985, c. C-46, s. 236
  • 1995, c. 39, s. 142

Marginal note:Punishment for infanticide

237  Every female person who commits infanticide 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.

  • R.S., 1985, c. C-46, s. 237
  • 2019, c. 25, s. 79

Marginal note:Killing unborn child in act of birth

  • 238 (1) Every one who causes the death, in the act of birth, of any child that has not become a human being, in such a manner that, if the child were a human being, he would be guilty of murder, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Saving

    (2) This section does not apply to a person who, by means that, in good faith, he considers necessary to preserve the life of the mother of a child, causes the death of that child.

  • R.S., c. C-34, s. 221

Marginal note:Attempt to commit murder

  • 239 (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 239
  • 1995, c. 39, s. 143
  • 2008, c. 6, s. 16
  • 2009, c. 22, s. 6

Marginal note:Accessory after fact to murder

240  Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 223

Suicide

Marginal note:Counselling or aiding suicide

  • 241 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, whether suicide ensues or not,

    • (a) counsels a person to die by suicide or abets a person in dying by suicide; or

    • (b) aids a person to die by suicide.

  • Marginal note:Exemption for medical assistance in dying

    (2) No medical practitioner or nurse practitioner commits an offence under paragraph (1)(b) if they provide a person with medical assistance in dying in accordance with section 241.2.

  • Marginal note:Exemption for person aiding practitioner

    (3) No person is a party to an offence under paragraph (1)(b) if they do anything for the purpose of aiding a medical practitioner or nurse practitioner to provide a person with medical assistance in dying in accordance with section 241.2.

  • Marginal note:Exemption for pharmacist

    (4) No pharmacist who dispenses a substance to a person other than a medical practitioner or nurse practitioner commits an offence under paragraph (1)(b) if the pharmacist dispenses the substance further to a prescription that is written by such a practitioner in providing medical assistance in dying in accordance with section 241.2.

  • Marginal note:Exemption for person aiding patient

    (5) No person commits an offence under paragraph (1)(b) if they do anything, at another person's explicit request, for the purpose of aiding that other person to self-administer a substance that has been prescribed for that other person as part of the provision of medical assist­ance in dying in accordance with section 241.2.

  • Marginal note:Clarification

    (5.1) For greater certainty, no social worker, psychologist, psychiatrist, therapist, medical practitioner, nurse practitioner or other health care professional commits an offence if they provide information to a person on the lawful provision of medical assistance in dying.

  • Marginal note:Reasonable but mistaken belief

    (6) For greater certainty, the exemption set out in any of subsections (2) to (5) applies even if the person invoking the exemption has a reasonable but mistaken belief about any fact that is an element of the exemption.

  • Marginal note:Definitions

    (7) In this section, medical assistance in dying , medical practitioner , nurse practitioner and pharmacist have the same meanings as in section 241.1.

  • R.S., 1985, c. C-46, s. 241
  • R.S., 1985, c. 27 (1st Supp.), s. 7
  • 2016, c. 3, s. 3

Medical Assistance in Dying

Marginal note:Definitions

241.1  The following definitions apply in this section and in sections 241.2 to 241.4.

medical assistance in dying

medical assistance in dying  means

  • (a) the administering by a medical practitioner or nurse practitioner of a substance to a person, at their request, that causes their death; or

  • (b) the prescribing or providing by a medical practitioner or nurse practitioner of a substance to a person, at their request, so that they may self-administer the substance and in doing so cause their own death. (aide médicale à mourir)

medical practitioner

medical practitioner  means a person who is entitled to practise medicine under the laws of a province. (médecin)

nurse practitioner

nurse practitioner  means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien)

pharmacist

pharmacist  means a person who is entitled to practise pharmacy under the laws of a province. (pharmacien)

  • 2016, c. 3, s. 3

Marginal note:Eligibility for medical assistance in dying

  • 241.2 (1) A person may receive medical assistance in dying only if they meet all of the following criteria:

    • (a) they are eligible — or, but for any applicable minimum period of residence or waiting period, would be eligible — for health services funded by a government in Canada;

    • (b) they are at least 18 years of age and capable of making decisions with respect to their health;

    • (c) they have a grievous and irremediable medical condition;

    • (d) they have made a voluntary request for medical assistance in dying that, in particular, was not made as a result of external pressure; and

    • (e) they give informed consent to receive medical assistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care.

  • Marginal note:Grievous and irremediable medical condition

    (2) A person has a grievous and irremediable medical condition only if they meet all of the following criteria:

    • (a) they have a serious and incurable illness, disease or disability;

    • (b) they are in an advanced state of irreversible decline in capability; and

    • (c) that illness, disease or disability or that state of decline causes them enduring physical or psychological suffering that is intolerable to them and that cannot be relieved under conditions that they consider acceptable.

    • (d)[Repealed, 2021, c. 2, s. 1]

  • Marginal note:Exclusion

    (2.1) For the purposes of paragraph (2)(a), a mental illness is not considered to be an illness, disease or disability.

  • Marginal note:Safeguards — natural death foreseeable

    (3) Subject to subsection (3.2), before a medical practitioner or nurse practitioner provides medical assistance in dying to a person whose natural death is reasonably foreseeable, taking into account all of their medical circumstances, without a prognosis necessarily having been made as to the specific length of time that they have remaining, the medical practitioner or nurse practitioner must

    • (a) be of the opinion that the person meets all of the criteria set out in subsection (1);

    • (b) ensure that the person's request for medical assist­ance in dying was

      • (i) made in writing and signed and dated by the person or by another person under subsection (4), and

      • (ii) signed and dated after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition;

    • (c) be satisfied that the request was signed and dated by the person — or by another person under subsection (4) — before an independent witness who then also signed and dated the request;

    • (d) ensure that the person has been informed that they may, at any time and in any manner, withdraw their request;

    • (e) ensure that another medical practitioner or nurse practitioner has provided a written opinion confirming that the person meets all of the criteria set out in subsection (1);

    • (f) be satisfied that they and the other medical practitioner or nurse practitioner referred to in paragraph (e) are independent;

    • (g) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision; and

    • (h) immediately before providing the medical assist­ance in dying, give the person an opportunity to withdraw their request and ensure that the person gives express consent to receive medical assistance in dying.

    • (i)[Repealed, 2021, c. 2, s. 1]

  • Marginal note:Safeguards — natural death not foreseeable

    (3.1) Before a medical practitioner or nurse practitioner provides medical assistance in dying to a person whose natural death is not reasonably foreseeable, taking into account all of their medical circumstances, the medical practitioner or nurse practitioner must

    • (a) be of the opinion that the person meets all of the criteria set out in subsection (1);

    • (b) ensure that the person's request for medical assistance in dying was

      • (i) made in writing and signed and dated by the person or by another person under subsection (4), and

      • (ii) signed and dated after the person was informed by a medical practitioner or nurse practitioner that the person has a grievous and irremediable medical condition;

    • (c) be satisfied that the request was signed and dated by the person — or by another person under subsection (4) — before an independent witness who then also signed and dated the request;

    • (d) ensure that the person has been informed that the person may, at any time and in any manner, withdraw their request;

    • (e) ensure that another medical practitioner or nurse practitioner has provided a written opinion confirming that the person meets all of the criteria set out in subsection (1);

    • (e.1) if neither they nor the other medical practitioner or nurse practitioner referred to in paragraph (e) has expertise in the condition that is causing the person's suffering, ensure that they or the medical practitioner or nurse practitioner referred to in paragraph (e) consult with a medical practitioner or nurse practitioner who has that expertise and share the results of that consultation with the other practitioner;

    • (f) be satisfied that they and the medical practitioner or nurse practitioner referred to in paragraph (e) are independent;

    • (g) ensure that the person has been informed of the means available to relieve their suffering, including, where appropriate, counselling services, mental health and disability support services, community services and palliative care and has been offered consultations with relevant professionals who provide those services or that care;

    • (h) ensure that they and the medical practitioner or nurse practitioner referred to in paragraph (e) have discussed with the person the reasonable and available means to relieve the person's suffering and they and the medical practitioner or nurse practitioner referred to in paragraph (e) agree with the person that the person has given serious consideration to those means;

    • (i) ensure that there are at least 90 clear days between the day on which the first assessment under this subsection of whether the person meets the criteria set out in subsection (1) begins and the day on which medical assistance in dying is provided to them or — if the assessments have been completed and they and the medical practitioner or nurse practitioner referred to in paragraph (e) are both of the opinion that the loss of the person's capacity to provide consent to receive medical assistance in dying is imminent — any shorter period that the first medical practitioner or nurse practitioner considers appropriate in the circumstances;

    • (j) if the person has difficulty communicating, take all necessary measures to provide a reliable means by which the person may understand the information that is provided to them and communicate their decision; and

    • (k) immediately before providing the medical assistance in dying, give the person an opportunity to withdraw their request and ensure that the person gives express consent to receive medical assistance in dying.

  • Marginal note:Final consent — waiver

    (3.2) For the purposes of subsection (3), the medical practitioner or nurse practitioner may administer a substance to a person to cause their death without meeting the requirement set out in paragraph (3)(h) if

    • (a) before the person loses the capacity to consent to receiving medical assistance in dying,

      • (i) they met all of the criteria set out in subsection (1) and all other safeguards set out in subsection (3) were met,

      • (ii) they entered into an arrangement in writing with the medical practitioner or nurse practitioner that the medical practitioner or nurse practitioner would administer a substance to cause their death on a specified day,

      • (iii) they were informed by the medical practitioner or nurse practitioner of the risk of losing the capacity to consent to receiving medical assistance in dying prior to the day specified in the arrangement, and

      • (iv) in the written arrangement, they consented to the administration by the medical practitioner or nurse practitioner of a substance to cause their death on or before the day specified in the arrangement if they lost their capacity to consent to receiving medical assistance in dying prior to that day;

    • (b) the person has lost the capacity to consent to receiving medical assistance in dying;

    • (c) the person does not demonstrate, by words, sounds or gestures, refusal to have the substance administered or resistance to its administration; and

    • (d) the substance is administered to the person in accordance with the terms of the arrangement.

  • Marginal note:For greater certainty

    (3.3) For greater certainty, involuntary words, sounds or gestures made in response to contact do not constitute a demonstration of refusal or resistance for the purposes of paragraph (3.2)(c).

  • Marginal note:Advance consent invalidated

    (3.4) Once a person demonstrates, by words, sounds or gestures, in accordance with subsection (3.2), refusal to have the substance administered or resistance to its administration, medical assistance in dying can no longer be provided to them on the basis of the consent given by them under subparagraph (3.2)(a)(iv).

  • Marginal note:Advance consent — self-administration

    (3.5) In the case of a person who loses the capacity to consent to receiving medical assistance in dying after self-administering a substance, provided to them under this section, so as to cause their own death, a medical practitioner or nurse practitioner may administer a substance to cause the death of that person if

    • (a) before the person loses the capacity to consent to receiving medical assistance in dying, they and the medical practitioner or nurse practitioner entered into an arrangement in writing providing that the medical practitioner or nurse practitioner would

      • (i) be present at the time the person self-administered the first substance, and

      • (ii) administer a second substance to cause the person's death if, after self-administering the first substance, the person lost the capacity to consent to receiving medical assistance in dying and did not die within a specified period;

    • (b) the person self-administers the first substance, does not die within the period specified in the arrangement and loses the capacity to consent to receiving medical assistance in dying; and

    • (c) the second substance is administered to the person in accordance with the terms of the arrangement.

  • Marginal note:Unable to sign

    (4) If the person requesting medical assistance in dying is unable to sign and date the request, another person — who is at least 18 years of age, who understands the nature of the request for medical assistance in dying and who does not know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person's death — may do so in the person's presence, on the person's behalf and under the person's express direction.

  • Marginal note:Independent witness

    (5) Any person who is at least 18 years of age and who understands the nature of the request for medical assist­ance in dying may act as an independent witness, except if they

    • (a) know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person's death;

    • (b) are an owner or operator of any health care facility at which the person making the request is being treated or any facility in which that person resides;

    • (c) are directly involved in providing health care serv­ices to the person making the request; or

    • (d) directly provide personal care to the person making the request.

  • Marginal note:Exception

    (5.1) Despite paragraphs (5)(c) and (d), a person who provides health care services or personal care as their primary occupation and who is paid to provide that care to the person requesting medical assistance in dying is permitted to act as an independent witness, except for

    • (a) the medical practitioner or nurse practitioner who will provide medical assistance in dying to the person; and

    • (b) the medical practitioner or nurse practitioner who provided an opinion under paragraph (3)(e) or (3.1)(e), as the case may be, in respect of the person.

  • Marginal note:Independence — medical practitioners and nurse practitioners

    (6) The medical practitioner or nurse practitioner providing medical assistance in dying and the medical practitioner or nurse practitioner who provides the opinion referred to in paragraph (3)(e) or (3.1)(e) are independent if they

    • (a) are not a mentor to the other practitioner or responsible for supervising their work;

    • (b) do not know or believe that they are a beneficiary under the will of the person making the request, or a recipient, in any other way, of a financial or other material benefit resulting from that person's death, other than standard compensation for their services relating to the request; and

    • (c) do not know or believe that they are connected to the other practitioner or to the person making the request in any other way that would affect their objectivity.

  • Marginal note:Reasonable knowledge, care and skill

    (7) Medical assistance in dying must be provided with reasonable knowledge, care and skill and in accordance with any applicable provincial laws, rules or standards.

  • Marginal note:Informing pharmacist

    (8) The medical practitioner or nurse practitioner who, in providing medical assistance in dying, prescribes or obtains a substance for that purpose must, before any pharmacist dispenses the substance, inform the pharmacist that the substance is intended for that purpose.

  • Marginal note:Clarification

    (9) For greater certainty, nothing in this section compels an individual to provide or assist in providing medical assistance in dying.

  • 2016, c. 3, s. 3
  • 2021, c. 2, s. 1

Marginal note:Failure to comply with safeguards

241.3  A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply, subject to subsection 241.2(3.2), with all of the requirements set out in paragraphs 241.2(3)(b) to (h) or paragraphs 241.2(3.1)(b) to (k), as the case may be, and with subsection 241.2(8) 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.

  • 2016, c. 3, s. 3
  • 2019, c. 25, s. 80
  • 2021, c. 2, s. 2

Marginal note:Filing information — practitioners

  • 241.31 (1) Unless they are exempted under regulations made under subsection (3), a medical practitioner or nurse practitioner who carries out an assessment of whether a person meets the criteria set out in subsection 241.2(1) or who receives a written request for medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Filing information — responsible for preliminary assessments

    (1.1) Unless they are exempted under regulations made under subsection (3), any person who has the responsibility to carry out preliminary assessments of whether a person meets the criteria set out in subsection 241.2(1) must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Filing information — pharmacist and pharmacy technicians

    (2) Unless they are exempted under regulations made under subsection (3), a pharmacist who dispenses a substance in connection with the provision of medical assistance in dying, or the person permitted to act as a pharmacy technician under the laws of a province who dispenses a substance to aid a medical practitioner or nurse practitioner in providing a person with medical assistance in dying, must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Regulations

    (3) The Minister of Health must make regulations that he or she considers necessary

    • (a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including

      • (i) the information to be provided, at various stages, by medical practitioners, nurse practitioners, persons referred to in subsection (1.1) who have the responsibility to carry out preliminary assessments, pharmacists and pharmacy technicians, or by a class of any of them, including

        • (A) the elements considered in the course of the assessments — preliminary or otherwise — of whether a person meets the criteria set out in subsection 241.2(1),

        • (B) information respecting the race or indigenous identity of a person who requests or receives medical assistance in dying, if the person consents to providing this information, and

        • (C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability , as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,

      • (ii) the form, manner and time in which the information must be provided,

      • (iii) the designation of a person as the recipient of the information, and

      • (iv) the collection of information from coroners and medical examiners;

    • (b) respecting the use, analysis and interpretation of that information, including for the purposes of determining the presence of any inequality — including systemic inequality — or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying;

    • (b.1) respecting the protection, publication, and disclosure of that information;

    • (c) respecting the disposal of that information; and

    • (d) exempting, on any terms that may be specified, a class of persons from the requirements set out in subsections (1) to (2).

  • Marginal note:Guidelines — information on death certificates

    (3.1) The Minister of Health, after consultation with representatives of the provincial governments responsible for health, must establish guidelines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assist­ance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying.

  • Marginal note:Offence and punishment

    (4) A medical practitioner or nurse practitioner who knowingly fails to comply with subsection (1), a person having the responsibility to carry out preliminary assessments who knowingly fails to comply with subsection (1.1) or a pharmacist or pharmacy technician who knowingly fails to comply with subsection (2),

    • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence and punishment

    (5) Everyone who knowingly contravenes the regulations made under subsection (3)

    • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Consultation

    (6) In performing his or her functions or duties under subsection (3), the Minister of Health must, when appropriate, consult with the minister responsible for the status of persons with disabilities.

  • 2016, c. 3, s. 4
  • 2021, c. 2, s. 3

Marginal note:Forgery

  • 241.4 (1) Everyone commits an offence who commits forgery in relation to a request for medical assistance in dying.

  • Marginal note:Destruction of documents

    (2) Everyone commits an offence who destroys a document that relates to a request for medical assistance in dying with intent to interfere with

    • (a) another person's access to medical assistance in dying;

    • (b) the lawful assessment of a request for medical assistance in dying;

    • (c) another person invoking an exemption under any of subsections 227(1) or (2), 241(2) to (5) or 245(2); or

    • (d) the provision by a person of information under section 241.31.

  • Marginal note:Punishment

    (3) Everyone who commits an offence under subsection (1) or (2) 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:Definition of document

    (4) In subsection (2), document has the same meaning as in section 321.

  • 2016, c. 3, ss. 3, 5
  • 2019, c. 25, s. 81

Neglect in Child-birth and Concealing Dead Body

Marginal note:Neglect to obtain assistance in childbirth

242  A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, 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.

  • R.S., 1985, c. C-46, s. 242
  • 2019, c. 25, s. 82

Marginal note:Concealing body of child

243  Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 243
  • 2019, c. 25, s. 82

Bodily Harm and Acts and Omissions Causing Danger to the Person

Marginal note:Discharging firearm with intent

  • 244 (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.

  • Marginal note:Punishment

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

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years; and

    • (b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 244
  • 1995, c. 39, s. 144
  • 2008, c. 6, s. 17
  • 2009, c. 22, s. 7

Marginal note:Causing bodily harm with intent — air gun or pistol

244.1  Every person who, with intent

  • (a) to wound, maim or disfigure any person,

  • (b) to endanger the life of any person, or

  • (c) to prevent the arrest or detention of any person,

discharges an air or compressed gas gun or pistol at any person, whether or not that person is the person mentioned in paragraph (a), (b) or (c), is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • 1995, c. 39, s. 144

Marginal note:Discharging firearm — recklessness

  • 244.2 (1) Every person commits an offence

    • (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or

    • (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.

  • Definition of place

    (2) For the purpose of paragraph (1)(a), place means any building or structure — or part of one — or any motor vehicle, vessel, aircraft, railway vehicle, container or trailer.

  • Marginal note:Punishment

    (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of or in association with a criminal organization, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of

      • (i) five years, in the case of a first offence, and

      • (ii) seven years, in the case of a second or subsequent offence; and

    • (b) in any other case, is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years.

  • Marginal note:Subsequent offences

    (4) In determining, for the purpose of paragraph (3)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (5) For the purpose of subsection (4), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • 2009, c. 22, s. 8

Marginal note:Administering noxious thing

  • 245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty

    • (a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or

    • (b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.

  • Marginal note:Exemption

    (2) Subsection (1) does not apply to

    • (a) a medical practitioner or nurse practitioner who provides medical assistance in dying in accordance with section 241.2; and

    • (b) a person who does anything for the purpose of aiding a medical practitioner or nurse practitioner to provide medical assistance in dying in accordance with section 241.2.

  • Marginal note:Definitions

    (3) In subsection (2), medical assistance in dying , medical practitioner and nurse practitioner have the same meanings as in section 241.1.

  • R.S., 1985, c. C-46, s. 245
  • 2016, c. 3, s. 6
  • 2019, c. 25, s. 83

Marginal note:Overcoming resistance to commission of offence

246  Every one who, with intent to enable or assist himself or another person to commit an indictable offence,

  • (a) attempts, by any means, to choke, suffocate or strangle another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of resistance, or

  • (b) administers or causes to be administered to any person, or attempts to administer to any person, or causes or attempts to cause any person to take a stupefying or overpowering drug, matter or thing,

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

  • R.S., c. C-34, s. 230
  • 1972, c. 13, s. 70

Marginal note:Traps likely to cause bodily harm

  • 247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,

    • (a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or

    • (b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.

  • Marginal note:Bodily harm

    (2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Offence-related place

    (3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Offence-related place — bodily harm

    (4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

  • Marginal note:Death

    (5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., 1985, c. C-46, s. 247
  • 2004, c. 12, s. 6
  • 2019, c. 25, s. 84

Marginal note:Interfering with transportation facilities

248  Every one who, with intent to endanger the safety of any person, places anything on or does anything to any property that is used for or in connection with the transportation of persons or goods by land, water or air that is likely to cause death or bodily harm to persons is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 232

249 [Repealed, 2018, c. 21, s. 14]

249.1 [Repealed, 2018, c. 21, s. 14]

249.2 [Repealed, 2018, c. 21, s. 14]

249.3 [Repealed, 2018, c. 21, s. 14]

249.4 [Repealed, 2018, c. 21, s. 14]

250 [Repealed, 2018, c. 21, s. 14]

251 [Repealed, 2018, c. 21, s. 14]

252 [Repealed, 2018, c. 21, s. 14]

253 [Repealed, 2018, c. 21, s. 14]

253.1 [Repealed, 2018, c. 21, s. 14]

254 [Repealed, 2018, c. 21, s. 14]

254.01 [Repealed, 2018, c. 21, s. 14]

254.1 [Repealed, 2018, c. 21, s. 14]

255 [Repealed, 2018, c. 21, s. 14]

255.1 [Repealed, 2018, c. 21, s. 14]

256 [Repealed, 2018, c. 21, s. 14]

257 [Repealed, 2018, c. 21, s. 14]

258 [Repealed, 2018, c. 21, s. 14]

258.1 [Repealed, 2018, c. 21, s. 14]

259 [Repealed, 2018, c. 21, s. 14]

260 [Repealed, 2018, c. 21, s. 14]

261 [Repealed, 2018, c. 21, s. 14]

Marginal note:Impeding attempt to save life

262  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

  • (a) prevents or impedes or attempts to prevent or impede any person who is attempting to save his own life, or

  • (b) without reasonable cause prevents or impedes or attempts to prevent or impede any person who is attempting to save the life of another person.

  • R.S., 1985, c. C-46, s. 262
  • 2019, c. 25, s. 90

Marginal note:Duty to safeguard opening in ice

  • 263 (1) Every one who makes or causes to be made an opening in ice that is open to or frequented by the public is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the opening exists.

  • Marginal note:Excavation on land

    (2) Every one who leaves an excavation on land that he owns or of which he has charge or supervision is under a legal duty to guard it in a manner that is adequate to prevent persons from falling in by accident and is adequate to warn them that the excavation exists.

  • Marginal note:Offences

    (3) Every one who fails to perform a duty imposed by subsection (1) or (2) is guilty of

    • (a) manslaughter, if the death of any person results therefrom;

    • (b) an offence under section 269, if bodily harm to any person results therefrom; or

    • (c) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 242
  • 1980-81-82-83, c. 125, s. 18

Marginal note:Criminal harassment

  • 264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

  • Marginal note:Prohibited conduct

    (2) The conduct mentioned in subsection (1) consists of

    • (a) repeatedly following from place to place the other person or anyone known to them;

    • (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

    • (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

    • (d) engaging in threatening conduct directed at the other person or any member of their family.

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Factors to be considered

    (4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened

    • (a) the terms or conditions of an order made pursuant to section 161 or a recognizance entered into pursuant to section 810, 810.1 or 810.2; or

    • (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

  • Marginal note:Reasons

    (5) Where the court is satisfied of the existence of an aggravating factor referred to in subsection (4), but decides not to give effect to it for sentencing purposes, the court shall give reasons for its decision.

  • R.S., 1985, c. C-46, s. 264
  • R.S., 1985, c. 27 (1st Supp.), s. 37
  • 1993, c. 45, s. 2
  • 1997, c. 16, s. 4, c. 17, s. 9
  • 2002, c. 13, s. 10
  • 2019, c. 25, s. 91

Assaults

Marginal note:Uttering threats

  • 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

    • (a) to cause death or bodily harm to any person;

    • (b) to burn, destroy or damage real or personal property; or

    • (c) to kill, poison or injure an animal or bird that is the property of any person.

  • Marginal note:Punishment

    (2) Every one who commits an offence under paragraph (1)(a) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Every one who commits an offence under paragraph (1)(b) or (c)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. 27 (1st Supp.), s. 38
  • 1994, c. 44, s. 16
  • 2019, c. 25, s. 92

Marginal note:Assault

  • 265 (1) A person commits an assault when

    • (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

    • (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

    • (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

  • Marginal note:Application

    (2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

  • Marginal note:Consent

    (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

    • (a) the application of force to the complainant or to a person other than the complainant;

    • (b) threats or fear of the application of force to the complainant or to a person other than the complainant;

    • (c) fraud; or

    • (d) the exercise of authority.

  • Marginal note:Accused's belief as to consent

    (4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

  • R.S., c. C-34, s. 244
  • 1974-75-76, c. 93, s. 21
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assault

266  Every one who commits an assault is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 245
  • 1972, c. 13, s. 21
  • 1974-75-76, c. 93, s. 22
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assault with a weapon or causing bodily harm

267  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

  • (a) carries, uses or threatens to use a weapon or an imitation thereof,

  • (b) causes bodily harm to the complainant, or

  • (c) chokes, suffocates or strangles the complainant.

  • R.S., 1985, c. C-46, s. 267
  • 1994, c. 44, s. 17
  • 2019, c. 25, s. 93

Marginal note:Aggravated assault

  • 268 (1) Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Punishment

    (2) Every one who commits an aggravated assault is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Excision

    (3) For greater certainty, in this section, "wounds" or "maims" includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where

    • (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or

    • (b) the person is at least eighteen years of age and there is no resulting bodily harm.

  • Marginal note:Consent

    (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b).

  • R.S., 1985, c. C-46, s. 268
  • 1997, c. 16, s. 5

Marginal note:Unlawfully causing bodily harm

269  Every one who unlawfully causes bodily harm to any person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 269
  • 1994, c. 44, s. 18
  • 2019, c. 25, s. 94

Marginal note:Aggravating circumstance — assault against a public transit operator

  • 269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    public transit operator

    public transit operator  means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus. (conducteur de véhicule de transport en commun)

    vehicle

    vehicle  includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry. (véhicule)

  • 2015, c. 1, s. 1

Marginal note:Torture

  • 269.1 (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Definitions

    (2) For the purposes of this section,

    official

    official  means

    • (a) a peace officer,

    • (b) a public officer,

    • (c) a member of the Canadian Forces, or

    • (d) any person who may exercise powers, pursuant to a law in force in a foreign state, that would, in Canada, be exercised by a person referred to in paragraph (a), (b), or (c),

    whether the person exercises powers in Canada or outside Canada; (fonctionnaire)

    torture

    torture  means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

    • (a) for a purpose including

      • (i) obtaining from the person or from a third person information or a statement,

      • (ii) punishing the person for an act that the person or a third person has committed or is suspected of having committed, and

      • (iii) intimidating or coercing the person or a third person, or

    • (b) for any reason based on discrimination of any kind,

    but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)

  • Marginal note:No defence

    (3) It is no defence to a charge under this section that the accused was ordered by a superior or a public authority to perform the act or omission that forms the subject-matter of the charge or that the act or omission is alleged to have been justified by exceptional circumstances, including a state of war, a threat of war, internal political instability or any other public emergency.

  • Marginal note:Evidence

    (4) In any proceedings over which Parliament has jurisdiction, any statement obtained as a result of the commission of an offence under this section is inadmissible in evidence, except as evidence that the statement was so obtained.

  • R.S., 1985, c. 10 (3rd Supp.), s. 2

Marginal note:Assaulting a peace officer

  • 270 (1) Every one commits an offence who

    • (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;

    • (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or

    • (c) assaults a person

      • (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or

      • (ii) with intent to rescue anything taken under lawful process, distress or seizure.

  • Marginal note:Punishment

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

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 246
  • 1972, c. 13, s. 22
  • 1980-81-82-83, c. 125, s. 19

Marginal note:Assaulting peace officer with weapon or causing bodily harm

  • 270.01 (1) Everyone commits an offence who, in committing an assault referred to in section 270,

    • (a) carries, uses or threatens to use a weapon or an imitation of one; or

    • (b) causes bodily harm to the complainant.

  • Marginal note:Punishment

    (2) Everyone who commits an offence under subsection (1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • 2009, c. 22, s. 9
  • 2019, c. 25, s. 95

Marginal note:Aggravated assault of peace officer

270.02  Everyone who, in committing an assault referred to in section 270, wounds, maims, disfigures or endangers the life of the complainant is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • 2009, c. 22, s. 9

Marginal note:Sentences to be served consecutively

270.03  A sentence imposed on a person for an offence under subsection 270(1) or 270.01(1) or section 270.02 committed against a law enforcement officer, as defined in subsection 445.01(4), 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.

  • 2015, c. 34, s. 2

Marginal note:Disarming a peace officer

  • 270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.

  • Marginal note:Definition of weapon

    (2) For the purpose of subsection (1), weapon means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.

  • Marginal note:Punishment

    (3) Every one who commits an offence under subsection (1) 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.

  • 2002, c. 13, s. 11
  • 2019, c. 25, s. 96

Marginal note:Sexual assault

271  Everyone who commits a sexual assault is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • R.S., 1985, c. C-46, s. 271
  • R.S., 1985, c. 19 (3rd Supp.), s. 10
  • 1994, c. 44, s. 19
  • 2012, c. 1, s. 25
  • 2015, c. 23, s. 14

Marginal note:Sexual assault with a weapon, threats to a third party or causing bodily harm

  • 272 (1) Every person commits an offence who, in committing a sexual assault,

    • (a) carries, uses or threatens to use a weapon or an imitation of a weapon;

    • (b) threatens to cause bodily harm to a person other than the complainant;

    • (c) causes bodily harm to the complainant;

    • (c.1) chokes, suffocates or strangles the complainant; or

    • (d) is a party to the offence with any other person.

  • Marginal note:Punishment

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

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and

    • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 272
  • 1995, c. 39, s. 145
  • 2008, c. 6, s. 28
  • 2009, c. 22, s. 10
  • 2012, c. 1, s. 26
  • 2015, c. 23, s. 15
  • 2019, c. 25, s. 97

Marginal note:Aggravated sexual assault

  • 273 (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

  • Marginal note:Aggravated sexual assault

    (2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 273
  • 1995, c. 39, s. 146
  • 2008, c. 6, s. 29
  • 2009, c. 22, s. 11
  • 2012, c. 1, s. 27

Marginal note:Meaning of consent

  • 273.1 (1) Subject to subsection (2) and subsection 265(3), consent means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.

  • Marginal note:Consent

    (1.1) Consent must be present at the time the sexual activity in question takes place.

  • Marginal note:Question of law

    (1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (2) or (3) is a question of law.

  • Marginal note:No consent obtained

    (2) For the purpose of subsection (1), no consent is obtained if

    • (a) the agreement is expressed by the words or conduct of a person other than the complainant;

    • (a.1) the complainant is unconscious;

    • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

    • (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;

    • (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or

    • (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.

  • Marginal note:Subsection (2) not limiting

    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

  • 1992, c. 38, s. 1
  • 2018, c. 29, s. 19

Marginal note:Where belief in consent not a defence

273.2  It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where

  • (a) the accused's belief arose from

    • (i) the accused's self-induced intoxication,

    • (ii) the accused's recklessness or wilful blindness, or

    • (iii) any circumstance referred to in subsection 265(3) or 273.1(2) or (3) in which no consent is obtained;

  • (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting; or

  • (c) there is no evidence that the complainant's voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.

  • 1992, c. 38, s. 1
  • 2018, c. 29, s. 20

Marginal note:Removal of child from Canada

  • 273.3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

    • (a) under the age of 16 years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 151 or 152 or subsection 160(3) or 173(2) in respect of that person;

    • (b) 16 years of age or more but under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 153 in respect of that person;

    • (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or

    • (d) under the age of 18 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.1 in respect of that person or under the age of 16 years, with the intention that an act be committed outside Canada that, if it were committed in Canada, would be an offence against section 293.2 in respect of that person.

  • Marginal note:Punishment

    (2) Every person who contravenes this section is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • 1993, c. 45, s. 3
  • 1997, c. 18, s. 13
  • 2008, c. 6, s. 54
  • 2015, c. 29, s. 8
  • 2019, c. 25, s. 98

Marginal note:Corroboration not required

274  If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.1, 286.2 or 286.3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

  • R.S., 1985, c. C-46, s. 274
  • R.S., 1985, c. 19 (3rd Supp.), s. 11
  • 2002, c. 13, s. 12
  • 2014, c. 25, s. 16
  • 2019, c. 25, s. 99

Marginal note:Rules respecting recent complaint abrogated

275  The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

  • R.S., 1985, c. C-46, s. 275
  • R.S., 1985, c. 19 (3rd Supp.), s. 11
  • 2002, c. 13, s. 12
  • 2019, c. 25, s. 99

Marginal note:Evidence of complainant's sexual activity

  • 276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

    • (a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or

    • (b) is less worthy of belief.

  • Marginal note:Conditions for admissibility

    (2) In proceedings in respect of an offence referred to in subsection (1), evidence shall not be adduced by or on behalf of the accused that the complainant has engaged in sexual activity other than the sexual activity that forms the subject-matter of the charge, whether with the accused or with any other person, unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.93 and 278.94, that the evidence

    • (a) is not being adduced for the purpose of supporting an inference described in subsection (1);

    • (b) is relevant to an issue at trial; and

    • (c) is of specific instances of sexual activity; and

    • (d) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.

  • Marginal note:Factors that judge must consider

    (3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account

    • (a) the interests of justice, including the right of the accused to make a full answer and defence;

    • (b) society's interest in encouraging the reporting of sexual assault offences;

    • (c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;

    • (d) the need to remove from the fact-finding process any discriminatory belief or bias;

    • (e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

    • (f) the potential prejudice to the complainant's personal dignity and right of privacy;

    • (g) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

    • (h) any other factor that the judge, provincial court judge or justice considers relevant.

  • Marginal note:Interpretation

    (4) For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature.

  • R.S., 1985, c. C-46, s. 276
  • R.S., 1985, c. 19 (3rd Supp.), s. 12
  • 1992, c. 38, s. 2
  • 2002, c. 13, s. 13
  • 2018, c. 29, s. 21
  • 2019, c. 25, s. 100

276.1 [Repealed, 2018, c. 29, s. 22]

276.2 [Repealed, 2018, c. 29, s. 22]

276.3 [Repealed, 2018, c. 29, s. 22]

276.4 [Repealed, 2018, c. 29, s. 22]

276.5 [Repealed, 2018, c. 29, s. 22]

Marginal note:Reputation evidence

277  In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

  • R.S., 1985, c. C-46, s. 277
  • R.S., 1985, c. 19 (3rd Supp.), s. 13
  • 2002, c. 13, s. 14
  • 2019, c. 25, s. 101

Marginal note:Spouse may be charged

278  A husband or wife may be charged with an offence under section 271, 272 or 273 in respect of his or her spouse, whether or not the spouses were living together at the time the activity that forms the subject-matter of the charge occurred.

  • 1980-81-82-83, c. 125, s. 19

Marginal note:Definition of record

278.1  For the purposes of sections 278.2 to 278.92, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records 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.

  • 1997, c. 30, s. 1
  • 2018, c. 29, s. 23

Marginal note:Production of record to accused

  • 278.2 (1) Except in accordance with sections 278.3 to 278.91, no record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

    • (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or

    • (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

  • Marginal note:Application of provisions

    (2) Section 278.1, this section and sections 278.3 to 278.91 apply where a record is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness to whom the record relates has expressly waived the application of those sections.

  • Marginal note:Duty of prosecutor to give notice

    (3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused that the record is in the prosecutor's possession but, in doing so, the prosecutor shall not disclose the record's contents.

  • 1997, c. 30, s. 1
  • 1998, c. 9, s. 3
  • 2014, c. 25, ss. 17, 48
  • 2015, c. 13, s. 5
  • 2019, c. 25, s. 102

Marginal note:Application for production

  • 278.3 (1) An accused who seeks production of a record referred to in subsection 278.2(1) must make an application to the judge before whom the accused is to be, or is being, tried.

  • Marginal note:No application in other proceedings

    (2) For greater certainty, an application under subsection (1) may not be made to a judge or justice presiding at any other proceedings, including a preliminary inquiry.

  • Marginal note:Form and content of application

    (3) An application must be made in writing and set out

    • (a) particulars identifying the record that the accused seeks to have produced and the name of the person who has possession or control of the record; and

    • (b) the grounds on which the accused relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify.

  • Marginal note:Insufficient grounds

    (4) Any one or more of the following assertions by the accused are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify:

    • (a) that the record exists;

    • (b) that the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;

    • (c) that the record relates to the incident that is the subject-matter of the proceedings;

    • (d) that the record may disclose a prior inconsistent statement of the complainant or witness;

    • (e) that the record may relate to the credibility of the complainant or witness;

    • (f) that the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;

    • (g) that the record may reveal allegations of sexual abuse of the complainant by a person other than the accused;

    • (h) that the record relates to the sexual activity of the complainant with any person, including the accused;

    • (i) that the record relates to the presence or absence of a recent complaint;

    • (j) that the record relates to the complainant's sexual reputation; or

    • (k) that the record was made close in time to a complaint or to the activity that forms the subject-matter of the charge against the accused.

  • Marginal note:Service of application and subpoena

    (5) The accused shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused, the record relates, at least 60 days before the hearing referred to in subsection 278.4(1) or any shorter interval that the judge may allow in the interests of justice. The accused shall also serve a subpoena issued under Part XXII in Form 16.1 on the person who has possession or control of the record at the same time as the application is served.

  • Marginal note:Service on other persons

    (6) The judge may at any time order that the application be served on any person to whom the judge considers the record may relate.

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 6
  • 2018, c. 29, s. 24

Marginal note:Hearing in camera

  • 278.4 (1) The judge shall hold a hearing in camera to determine whether to order the person who has possession or control of the record to produce it to the court for review by the judge.

  • Marginal note:Persons who may appear at hearing

    (2) The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.

  • Marginal note:Right to counsel

    (2.1) The judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.

  • Marginal note:Costs

    (3) No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing.

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 7

Marginal note:Judge may order production of record for review

  • 278.5 (1) The judge may order the person who has possession or control of the record to produce the record or part of the record to the court for review by the judge if, after the hearing referred to in subsection 278.4(1), the judge is satisfied that

    • (a) the application was made in accordance with subsections 278.3(2) to (6);

    • (b) the accused has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and

    • (c) the production of the record is necessary in the interests of justice.

  • Marginal note:Factors to be considered

    (2) In determining whether to order the production of the record or part of the record for review pursuant to subsection (1), the judge shall consider the salutary and deleterious effects of the determination on the accused's right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates. In particular, the judge shall take the following factors into account:

    • (a) the extent to which the record is necessary for the accused to make a full answer and defence;

    • (b) the probative value of the record;

    • (c) the nature and extent of the reasonable expectation of privacy with respect to the record;

    • (d) whether production of the record is based on a discriminatory belief or bias;

    • (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record relates;

    • (f) society's interest in encouraging the reporting of sexual offences;

    • (g) society's interest in encouraging the obtaining of treatment by complainants of sexual offences; and

    • (h) the effect of the determination on the integrity of the trial process.

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 8

Marginal note:Review of record by judge

  • 278.6 (1) Where the judge has ordered the production of the record or part of the record for review, the judge shall review it in the absence of the parties in order to determine whether the record or part of the record should be produced to the accused.

  • Marginal note:Hearing in camera

    (2) The judge may hold a hearing in camera if the judge considers that it will assist in making the determination.

  • Marginal note:Provisions re hearing

    (3) Subsections 278.4(2) to (3) apply in the case of a hearing under subsection (2).

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 9

Marginal note:Judge may order production of record to accused

  • 278.7 (1) Where the judge is satisfied that the record or part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of justice, the judge may order that the record or part of the record that is likely relevant be produced to the accused, subject to any conditions that may be imposed pursuant to subsection (3).

  • Marginal note:Factors to be considered

    (2) In determining whether to order the production of the record or part of the record to the accused, the judge shall consider the salutary and deleterious effects of the determination on the accused's right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, shall take the factors specified in paragraphs 278.5(2)(a) to (h) into account.

  • Marginal note:Conditions on production

    (3) If the judge orders the production of the record or part of the record to the accused, the judge may impose conditions on the production to protect the interests of justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including, for example, the following conditions:

    • (a) that the record be edited as directed by the judge;

    • (b) that a copy of the record, rather than the original, be produced;

    • (c) that the accused and counsel for the accused not disclose the contents of the record to any other person, except with the approval of the court;

    • (d) that the record be viewed only at the offices of the court;

    • (e) that no copies of the record be made or that restrictions be imposed on the number of copies of the record that may be made; and

    • (f) that information regarding any person named in the record, such as their address, telephone number and place of employment, be severed from the record.

  • Marginal note:Copy to prosecutor

    (4) Where the judge orders the production of the record or part of the record to the accused, the judge shall direct that a copy of the record or part of the record be provided to the prosecutor, unless the judge determines that it is not in the interests of justice to do so.

  • Marginal note:Record not to be used in other proceedings

    (5) The record or part of the record that is produced to the accused pursuant to an order under subsection (1) shall not be used in any other proceedings.

  • Marginal note:Retention of record by court

    (6) Where the judge refuses to order the production of the record or part of the record to the accused, the record or part of the record shall, unless a court orders otherwise, be kept in a sealed package by the court until the later of the expiration of the time for any appeal and the completion of any appeal in the proceedings against the accused, whereupon the record or part of the record shall be returned to the person lawfully entitled to possession or control of it.

  • 1997, c. 30, s. 1
  • 2015, c. 13, s. 10

Marginal note:Reasons for decision

  • 278.8 (1) The judge shall provide reasons for ordering or refusing to order the production of the record or part of the record pursuant to subsection 278.5(1) or 278.7(1).

  • Marginal note:Record of reasons

    (2) The reasons referred to in subsection (1) shall be entered in the record of the proceedings or, where the proceedings are not recorded, shall be provided in writing.

  • 1997, c. 30, s. 1

Marginal note:Publication prohibited

  • 278.9 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:

    • (a) the contents of an application made under section 278.3;

    • (b) any evidence taken, information given or submissions made at a hearing under subsection 278.4(1) or 278.6(2); or

    • (c) the determination of the judge pursuant to subsection 278.5(1) or 278.7(1) and the reasons provided pursuant to section 278.8, unless the judge, after taking into account the interests of justice and the right to privacy of the person to whom the record relates, orders that the determination may be published.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • 1997, c. 30, s. 1
  • 2005, c. 32, s. 14

Marginal note:Appeal

278.91  For the purposes of sections 675 and 676, a determination to make or refuse to make an order pursuant to subsection 278.5(1) or 278.7(1) is deemed to be a question of law.

  • 1997, c. 30, s. 1

Marginal note:Admissibility — accused in possession of records relating to complainant

  • 278.92 (1) Except in accordance with this section, no record relating to a complainant that is in the possession or control of the accused — and which the accused intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

    • (a) an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3; or

    • (b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

  • Marginal note:Requirements for admissibility

    (2) The evidence is inadmissible unless the judge, provincial court judge or justice determines, in accordance with the procedures set out in sections 278.93 and 278.94,

    • (a) if the admissibility of the evidence is subject to section 276, that the evidence meets the conditions set out in subsection 276(2) while taking into account the factors set out in subsection (3); or

    • (b) in any other case, that the evidence is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.

  • Marginal note:Factors that judge shall consider

    (3) In determining whether evidence is admissible under subsection (2), the judge, provincial court judge or justice shall take into account

    • (a) the interests of justice, including the right of the accused to make a full answer and defence;

    • (b) society's interest in encouraging the reporting of sexual assault offences;

    • (c) society's interest in encouraging the obtaining of treatment by complainants of sexual offences;

    • (d) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;

    • (e) the need to remove from the fact-finding process any discriminatory belief or bias;

    • (f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the jury;

    • (g) the potential prejudice to the complainant's personal dignity and right of privacy;

    • (h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and

    • (i) any other factor that the judge, provincial court judge or justice considers relevant.

  • 2018, c. 29, s. 25
  • 2019, c. 25, s. 403

Marginal note:Application for hearing — sections 276 and 278.92

  • 278.93 (1) Application may be made to the judge, provincial court judge or justice by or on behalf of the accused for a hearing under section 278.94 to determine whether evidence is admissible under subsection 276(2) or 278.92(2).

  • Marginal note:Form and content of application

    (2) An application referred to in subsection (1) must be made in writing, setting out detailed particulars of the evidence that the accused seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application must be given to the prosecutor and to the clerk of the court.

  • Marginal note:Jury and public excluded

    (3) The judge, provincial court judge or justice shall consider the application with the jury and the public excluded.

  • Marginal note:Judge may decide to hold hearing

    (4) If the judge, provincial court judge or justice is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and to the clerk of the court at least seven days previously, or any shorter interval that the judge, provincial court judge or justice may allow in the interests of justice and that the evidence sought to be adduced is capable of being admissible under subsection 276(2), the judge, provincial court judge or justice shall grant the application and hold a hearing under section 278.94 to determine whether the evidence is admissible under subsection 276(2) or 278.92(2).

  • 2018, c. 29, s. 25

Marginal note:Hearing — jury and public excluded

  • 278.94 (1) The jury and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 276(2) or 278.92(2).

  • Marginal note:Complainant not compellable

    (2) The complainant is not a compellable witness at the hearing but may appear and make submissions.

  • Marginal note:Right to counsel

    (3) The judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.

  • Marginal note:Judge's determination and reasons

    (4) At the conclusion of the hearing, the judge, provincial court judge or justice shall determine whether the evidence, or any part of it, is admissible under subsection 276(2) or 278.92(2) and shall provide reasons for that determination, and

    • (a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;

    • (b) the reasons must state the factors referred to in subsection 276(3) or 278.92(3) that affected the determination; and

    • (c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.

  • Marginal note:Record of reasons

    (5) The reasons provided under subsection (4) shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

  • 2018, c. 29, s. 25

Marginal note:Publication prohibited

  • 278.95 (1) A person shall not publish in any document, or broadcast or transmit in any way, any of the following:

    • (a) the contents of an application made under subsection 278.93;

    • (b) any evidence taken, the information given and the representations made at an application under section 278.93 or at a hearing under section 278.94;

    • (c) the decision of a judge or justice under subsection 278.93(4), unless the judge or justice, after taking into account the complainant's right of privacy and the interests of justice, orders that the decision may be published, broadcast or transmitted; and

    • (d) the determination made and the reasons provided under subsection 278.94(4), unless

      • (i) that determination is that evidence is admissible, or

      • (ii) the judge or justice, after taking into account the complainant's right of privacy and the interests of justice, orders that the determination and reasons may be published, broadcast or transmitted.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • 2018, c. 29, s. 25

Marginal note:Judge to instruct jury — re use of evidence

278.96  If evidence is admitted at trial on the basis of a determination made under subsection 278.94(4), the judge shall instruct the jury as to the uses that the jury may and may not make of that evidence.

  • 2018, c. 29, s. 25

Marginal note:Appeal

278.97  For the purposes of sections 675 and 676, a determination made under subsection 278.94(4) shall be deemed to be a question of law.

  • 2018, c. 29, s. 25

Marginal note:Reasons

  • 278.98 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, the judge shall provide reasons for a decision that a person is

    • (a) acquitted;

    • (b) found guilty;

    • (c) discharged, after having been found guilty;

    • (d) found not criminally responsible on account of mental disorder; or

    • (e) found unfit to stand trial.

  • Marginal note:Historical offences

    (2) Subsection (1) also applies in proceedings for any offence under this Act, as it read from time to time before the day on which this section comes into force, if the conduct alleged would be an offence referred to in subsection (1) if it occurred on or after that day.

  • Marginal note:Record of reasons

    (3) The reasons shall be entered in the record of the proceedings or, if the proceedings are not recorded, shall be provided in writing.

  • Marginal note:Proceedings before judge

    (4) This section applies only in proceedings before a judge without a jury.

  • 2021, c. 8, s. 4

Kidnapping, Trafficking in Persons, Hostage Taking and Abduction

Marginal note:Kidnapping

  • 279 (1) Every person commits an offence who kidnaps a person with intent

    • (a) to cause the person to be confined or imprisoned against the person's will;

    • (b) to cause the person to be unlawfully sent or transported out of Canada against the person's will; or

    • (c) to hold the person for ransom or to service against the person's will.

  • Marginal note:Punishment

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

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years;

    • (a.2) if the person referred to in paragraph (1)(a), (b) or (c) is under 16 years of age, to imprisonment for life and, unless the person who commits the offence is a parent, guardian or person having the lawful care or charge of the person referred to in that paragraph, to a minimum punishment of imprisonment for a term of five years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Factors to consider

    (1.21) In imposing a sentence under paragraph (1.1)(a.2), the court shall take into account the age and vulnerability of the victim.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Forcible confinement

    (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • (3)[Repealed, 2018, c. 29, s. 26]

  • R.S., 1985, c. C-46, s. 279
  • R.S., 1985, c. 27 (1st Supp.), s. 39
  • 1995, c. 39, s. 147
  • 1997, c. 18, s. 14
  • 2008, c. 6, s. 30
  • 2009, c. 22, s. 12
  • 2013, c. 32, s. 1
  • 2018, c. 29, s. 26
  • 2019, c. 25, s. 103

Marginal note:Trafficking in persons

  • 279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • Marginal note:Presumption

    (3) For the purposes of subsections (1) and 279.011(1), evidence that a person who is not exploited lives with or is habitually in the company of a person who is exploited is, in the absence of evidence to the contrary, proof that the person exercises control, direction or influence over the movements of that person for the purpose of exploiting them or facilitating their exploitation.

  • 2005, c. 43, s. 3
  • 2014, c. 25, s. 18
  • 2015, c. 16, s. 1

Marginal note:Trafficking of a person under the age of eighteen years

  • 279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

    • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

    • (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.

  • Marginal note:Consent

    (2) No consent to the activity that forms the subject-matter of a charge under subsection (1) is valid.

  • 2010, c. 3, s. 2

Marginal note:Material benefit — trafficking

  • 279.02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Material benefit — trafficking of person under 18 years

    (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

  • 2005, c. 43, s. 3
  • 2010, c. 3, s. 3
  • 2014, c. 25, s. 19
  • 2019, c. 25, s. 104

Marginal note:Withholding or destroying documents — trafficking

  • 279.03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person's identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  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:Withholding or destroying documents — trafficking of person under 18 years

    (2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person's identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.

  • 2005, c. 43, s. 3
  • 2010, c. 3, s. 3
  • 2014, c. 25, s. 19
  • 2019, c. 25, s. 105

Marginal note:Exploitation

  • 279.04 (1) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide, or offer to provide, the labour or service.

  • Marginal note:Factors

    (2) In determining whether an accused exploits another person under subsection (1), the Court may consider, among other factors, whether the accused

    • (a) used or threatened to use force or another form of coercion;

    • (b) used deception; or

    • (c) abused a position of trust, power or authority.

  • Marginal note:Organ or tissue removal

    (3) For the purposes of sections 279.01 to 279.03, a person exploits another person if they cause them, by means of deception or the use or threat of force or of any other form of coercion, to have an organ or tissue removed.

  • 2005, c. 43, s. 3
  • 2012, c. 15, s. 2
  • 2015, c. 16, s. 2(F)

Marginal note:Hostage taking

  • 279.1 (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

    • (a) confines, imprisons, forcibly seizes or detains that person; and

    • (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

  • Marginal note:Hostage-taking

    (2) Every person who takes a person hostage is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2.1) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • (3)[Repealed, 2018, c. 29, s. 27]

  • R.S., 1985, c. 27 (1st Supp.), s. 40
  • 1995, c. 39, s. 148
  • 2008, c. 6, s. 31
  • 2009, c. 22, s. 13
  • 2018, c. 29, s. 27

Marginal note:Abduction of person under age of 16

  • 280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person 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.

  • Definition of guardian

    (2) In this section and sections 281 to 283, guardian includes any person who has in law or in fact the custody or control of another person.

  • R.S., 1985, c. C-46, s. 280
  • 2019, c. 25, s. 106

Marginal note:Abduction of person under age of 14

281  Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 281
  • 2019, c. 25, s. 107

Marginal note:Abduction in contravention of custody or parenting order

  • 282 (1) Every one who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, in contravention of a custody order or a parenting order made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that child, of the possession of that child is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:If no belief in validity of custody order or parenting order

    (2) If a count charges an offence under subsection (1) and the offence is not proven only because the accused did not believe that there was a valid custody order or parenting order but the evidence does prove an offence under section 283, the accused may be convicted of an offence under that section.

  • R.S., 1985, c. C-46, s. 282
  • 1993, c. 45, s. 4
  • 2019, c. 16, s. 123

Marginal note:Abduction

  • 283 (1) Everyone who, being the parent, guardian or person having the lawful care or charge of a child under the age of 14 years, takes, entices away, conceals, detains, receives or harbours that child, whether or not there is an order referred to in subsection 282(1) in respect of the child , with intent to deprive a parent, guardian or any other person who has the lawful care or charge of that child, of the possession of that child, is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Consent required

    (2) No proceedings may be commenced under subsection (1) without the consent of the Attorney General or counsel instructed by him for that purpose.

  • R.S., 1985, c. C-46, s. 283
  • 1993, c. 45, s. 5
  • 2019, c. 16, s. 124

Marginal note:Defence

284  No one shall be found guilty of an offence under sections 281 to 283 if he establishes that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was done with the consent of the parent, guardian or other person having the lawful possession, care or charge of that young person.

  • 1980-81-82-83, c. 125, s. 20

Marginal note:Defence

285  No one shall be found guilty of an offence under sections 280 to 283 if the court is satisfied that the taking, enticing away, concealing, detaining, receiving or harbouring of any young person was necessary to protect the young person from danger of imminent harm or if the person charged with the offence was escaping from danger of imminent harm.

  • R.S., 1985, c. C-46, s. 285
  • 1993, c. 45, s. 6

Marginal note:No defence

286  In proceedings in respect of an offence under sections 280 to 283, it is not a defence to any charge that a young person consented to or suggested any conduct of the accused.

  • 1980-81-82-83, c. 125, s. 20

Commodification of Sexual Activity

Marginal note:Obtaining sexual services for consideration

  • 286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

      • (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

        • (A) for a first offence, a fine of  $2,000, and

        • (B) for each subsequent offence, a fine of  $4,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

      • (i) in the case referred to in subparagraph (a)(i),

        • (A) for a first offence, a fine of  $1,000, and

        • (B) for each subsequent offence, a fine of  $2,000, or

      • (ii) in any other case,

        • (A) for a first offence, a fine of  $500, and

        • (B) for each subsequent offence, a fine of  $1,000.

  • Marginal note:Obtaining sexual services for consideration from person under 18 years

    (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

    • (a) for a first offence, six months; and

    • (b) for each subsequent offence, one year.

  • Marginal note:Subsequent offences

    (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under that subsection; or

    • (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

  • Marginal note:Sequence of convictions only

    (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

  • Definitions of place and public place

    (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 108

Marginal note:Material benefit from sexual services

  • 286.2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Material benefit from sexual services provided by person under 18 years

    (2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

  • Marginal note:Presumption

    (3) For the purposes of subsections (1) and (2), evidence that a person lives with or is habitually in the company of a person who offers or provides sexual services for consideration is, in the absence of evidence to the contrary, proof that the person received a financial or other material benefit from those services.

  • Marginal note:Exception

    (4) Subject to subsection (5), subsections (1) and (2) do not apply to a person who receives the benefit

    • (a) in the context of a legitimate living arrangement with the person from whose sexual services the benefit is derived;

    • (b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;

    • (c) in consideration for a service or good that they offer, on the same terms and conditions, to the general public; or

    • (d) in consideration for a service or good that they do not offer to the general public but that they offered or provided to the person from whose sexual services the benefit is derived, if they did not counsel or encourage that person to provide sexual services and the benefit is proportionate to the value of the service or good.

  • Marginal note:No exception

    (5) Subsection (4) does not apply to a person who commits an offence under subsection (1) or (2) if that person

    • (a) used, threatened to use or attempted to use violence, intimidation or coercion in relation to the person from whose sexual services the benefit is derived;

    • (b) abused a position of trust, power or authority in relation to the person from whose sexual services the benefit is derived;

    • (c) provided a drug, alcohol or any other intoxicating substance to the person from whose sexual services the benefit is derived for the purpose of aiding or abetting that person to offer or provide sexual services for consideration;

    • (d) engaged in conduct, in relation to any person, that would constitute an offence under section 286.3; or

    • (e) received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

  • Marginal note:Aggravating factor

    (6) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that that person received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 109

Marginal note:Procuring

  • 286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • Marginal note:Procuring — person under 18 years

    (2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

  • 2014, c. 25, s. 20

Marginal note:Advertising sexual services

286.4  Everyone who knowingly advertises an offer to provide sexual services for consideration 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.

  • 2014, c. 25, s. 20
  • 2019, c. 25, s. 110

Marginal note:Immunity — material benefit and advertising

  • 286.5 (1) No person shall be prosecuted for

    • (a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

    • (b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

  • Marginal note:Immunity — aiding, abetting, etc.

    (2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

  • 2014, c. 25, s. 20

Abortion

287 [Repealed, 2019, c. 25, s. 111]

288 [Repealed, 2018, c. 29, s. 28]

Venereal Diseases

289 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 41]

Offences Against Conjugal Rights

Marginal note:Bigamy

  • 290 (1) Every one commits bigamy who

    • (a) in Canada,

      • (i) being married, goes through a form of marriage with another person,

      • (ii) knowing that another person is married, goes through a form of marriage with that person, or

      • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

    • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

  • Marginal note:Matters of defence

    (2) No person commits bigamy by going through a form of marriage if

    • (a) that person in good faith and on reasonable grounds believes that his spouse is dead;

    • (b) the spouse of that person has been continuously absent from him for seven years immediately preceding the time when he goes through the form of marriage, unless he knew that his spouse was alive at any time during those seven years;

    • (c) that person has been divorced from the bond of the first marriage; or

    • (d) the former marriage has been declared void by a court of competent jurisdiction.

  • Marginal note:Incompetency no defence

    (3) Where a person is alleged to have committed bigamy, it is not a defence that the parties would, if unmarried, have been incompetent to contract marriage under the law of the place where the offence is alleged to have been committed.

  • Marginal note:Validity presumed

    (4) Every marriage or form of marriage shall, for the purpose of this section, be deemed to be valid unless the accused establishes that it was invalid.

  • Marginal note:Act or omission by accused

    (5) No act or omission on the part of an accused who is charged with bigamy invalidates a marriage or form of marriage that is otherwise valid.

  • R.S., c. C-34, s. 254

Marginal note:Punishment

  • 291 (1) Every person who commits bigamy 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:Certificate of marriage

    (2) For the purposes of this section, a certificate of marriage issued under the authority of law is evidence of the marriage or form of marriage to which it relates without proof of the signature or official character of the person by whom it purports to be signed.

  • R.S., 1985, c. C-46, s. 291
  • 2019, c. 25, s. 112

Marginal note:Procuring feigned marriage

  • 292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person 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:Corroboration

    (2) No person shall be convicted of an offence under this section on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.

  • R.S., 1985, c. C-46, s. 292
  • 2019, c. 25, s. 113

Marginal note:Polygamy

  • 293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

    • (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or

    • (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).

  • Marginal note:Evidence in case of polygamy

    (2) Where an accused is charged with an offence under this section, no averment or proof of the method by which the alleged relationship was entered into, agreed to or consented to is necessary in the indictment or on the trial of the accused, nor is it necessary on the trial to prove that the persons who are alleged to have entered into the relationship had or intended to have sexual intercourse.

  • R.S., 1985, c. C-46, s. 293
  • 2019, c. 25, s. 114

Marginal note:Forced marriage

293.1  Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will 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.

  • 2015, c. 29, s. 9
  • 2019, c. 25, s. 115

Marginal note:Marriage under age of 16 years

293.2  Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years 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.

  • 2015, c. 29, s. 9
  • 2019, c. 25, s. 115

Unlawful Solemnization of Marriage

Marginal note:Pretending to solemnize marriage

294  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) solemnizes or pretends to solemnize a marriage without lawful authority; or

  • (b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.

  • R.S., 1985, c. C-46, s. 294
  • 2018, c. 29, s. 29
  • 2019, c. 25, s. 116

Marginal note:Marriage contrary to law

295  Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 295
  • 2015, c. 29, s. 10
  • 2019, c. 25, s. 117

296 [Repealed, 2018, c. 29, s. 30]

Defamatory Libel

Definition of newspaper

297  In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

  • R.S., c. C-34, s. 261

Marginal note:Definition

  • 298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

  • Marginal note:Mode of expression

    (2) A defamatory libel may be expressed directly or by insinuation or irony

    • (a) in words legibly marked on any substance; or

    • (b) by any object signifying a defamatory libel otherwise than by words.

  • R.S., c. C-34, s. 262

Marginal note:Publishing

299  A person publishes a libel when he

  • (a) exhibits it in public;

  • (b) causes it to be read or seen; or

  • (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.

  • R.S., 1985, c. C-46, s. 299
  • 2018, c. 29, s. 31

Marginal note:Punishment of libel known to be false

300  Every person who publishes a defamatory libel that they know is false 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.

  • R.S., 1985, c. C-46, s. 300
  • 2019, c. 25, s. 118

Marginal note:Punishment for defamatory libel

301  Every person who publishes a defamatory libel is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 301
  • 2019, c. 25, s. 118

Marginal note:Extortion by libel

  • 302 (1) Every one commits an offence who, with intent

    • (a) to extort money from any person, or

    • (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,

    publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

  • Marginal note:Idem

    (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

  • Marginal note:Punishment

    (3) Every person who commits an offence under this section 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.

  • R.S., 1985, c. C-46, s. 302
  • 2019, c. 25, s. 119

Marginal note:Proprietor of newspaper presumed responsible

  • 303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

  • Marginal note:General authority to manager when negligence

    (2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that

    • (a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or

    • (b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.

  • Marginal note:Selling newspapers

    (3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

  • R.S., c. C-34, s. 267

Marginal note:Selling book containing defamatory libel

  • 304 (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

  • Marginal note:Sale by servant

    (2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that

    • (a) defamatory matter was contained therein; or

    • (b) defamatory matter was habitually contained therein, in the case of a periodical.

  • R.S., c. C-34, s. 268

Marginal note:Publishing proceedings of courts of justice

305  No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

  • (a) in a proceeding held before or under the authority of a court exercising judicial authority; or

  • (b) in an inquiry made under the authority of an Act or by order of Her Majesty, or under the authority of a public department or a department of the government of a province.

  • R.S., c. C-34, s. 269

Marginal note:Parliamentary papers

306  No person shall be deemed to publish a defamatory libel by reason only that he

  • (a) publishes to the Senate or House of Commons or to the legislature of a province defamatory matter contained in a petition to the Senate or House of Commons or to the legislature of a province, as the case may be;

  • (b) publishes by order or under the authority of the Senate or House of Commons or of the legislature of a province a paper containing defamatory matter; or

  • (c) publishes, in good faith and without ill-will to the person defamed, an extract from or abstract of a petition or paper mentioned in paragraph (a) or (b).

  • R.S., c. C-34, s. 270

Marginal note:Fair reports of parliamentary or judicial proceedings

  • 307 (1) No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, for the information of the public, a fair report of the proceedings of the Senate or House of Commons or the legislature of a province, or a committee thereof, or of the public proceedings before a court exercising judicial authority, or publishes, in good faith, any fair comment on any such proceedings.

  • Marginal note:Divorce proceedings an exception

    (2) This section does not apply to a person who publishes a report of evidence taken or offered in any proceeding before the Senate or House of Commons or any committee thereof, on a petition or bill relating to any matter of marriage or divorce, if the report is published without authority from or leave of the House in which the proceeding is held or is contrary to any rule, order or practice of that House.

  • R.S., c. C-34, s. 271

Marginal note:Fair report of public meeting

308  No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if

  • (a) the meeting is lawfully convened for a lawful purpose and is open to the public;

  • (b) the report is fair and accurate;

  • (c) the publication of the matter complained of is for the public benefit; and

  • (d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.

  • R.S., c. C-34, s. 272

Marginal note:Public benefit

309  No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.

  • R.S., c. C-34, s. 273

Marginal note:Fair comment on public person or work of art

310  No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments

  • (a) on the public conduct of a person who takes part in public affairs; or

  • (b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.

  • R.S., c. C-34, s. 274

Marginal note:When truth a defence

311  No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.

  • R.S., c. C-34, s. 275

Marginal note:Publication invited or necessary

312  No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter

  • (a) on the invitation or challenge of the person in respect of whom it is published, or

  • (b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,

if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 276

Marginal note:Answer to inquiries

313  No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if

  • (a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;

  • (b) the person who publishes the defamatory matter believes that it is true;

  • (c) the defamatory matter is relevant to the inquiries; and

  • (d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 277

Marginal note:Giving information to person interested

314  No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if

  • (a) the conduct of the person who gives the information is reasonable in the circumstances;

  • (b) the defamatory matter is relevant to the subject-matter; and

  • (c) the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true.

  • R.S., c. C-34, s. 278

Marginal note:Publication in good faith for redress of wrong

315  No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter in good faith for the purpose of seeking remedy or redress for a private or public wrong or grievance from a person who has, or who on reasonable grounds he believes has, the right or is under an obligation to remedy or redress the wrong or grievance, if

  • (a) he believes that the defamatory matter is true;

  • (b) the defamatory matter is relevant to the remedy or redress that is sought; and

  • (c) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

  • R.S., c. C-34, s. 279

Marginal note:Proving publication by order of legislature

  • 316 (1) An accused who is alleged to have published a defamatory libel may, at any stage of the proceedings, adduce evidence to prove that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province.

  • Marginal note:Directing verdict

    (2) Where at any stage in proceedings referred to in subsection (1) the court, judge, justice or provincial court judge is satisfied that the matter alleged to be defamatory was contained in a paper published by order or under the authority of the Senate or House of Commons or the legislature of a province, he shall direct a verdict of not guilty to be entered and shall discharge the accused.

  • Marginal note:Certificate of order

    (3) For the purposes of this section, a certificate under the hand of the Speaker or clerk of the Senate or House of Commons or the legislature of a province to the effect that the matter that is alleged to be defamatory was contained in a paper published by order or under the authority of the Senate, House of Commons or the legislature of a province, as the case may be, is conclusive evidence thereof.

  • R.S., 1985, c. C-46, s. 316
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Verdicts

Marginal note:Verdicts in cases of defamatory libel

317  Where, on the trial of an indictment for publishing a defamatory libel, a plea of not guilty is pleaded, the jury that is sworn to try the issue may give a general verdict of guilty or not guilty on the whole matter put in issue on the indictment, and shall not be required or directed by the judge to find the defendant guilty merely on proof of publication by the defendant of the alleged defamatory libel, and of the sense ascribed thereto in the indictment, but the judge may, in his discretion, give a direction or opinion to the jury on the matter in issue as in other criminal proceedings, and the jury may, on the issue, find a special verdict.

  • R.S., c. C-34, s. 281

Hate Propaganda

Marginal note:Advocating genocide

  • 318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

  • Marginal note:Definition of genocide

    (2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,

    • (a) killing members of the group; or

    • (b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

  • Marginal note:Consent

    (3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General.

  • Marginal note:Definition of identifiable group

    (4) In this section, identifiable group means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability.

  • R.S., 1985, c. C-46, s. 318
  • 2004, c. 14, s. 1
  • 2014, c. 31, s. 12
  • 2017, c. 13, s. 3
  • 2019, c. 25, s. 120

Marginal note:Public incitement of hatred

  • 319 (1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Wilful promotion of hatred

    (2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Defences

    (3) No person shall be convicted of an offence under subsection (2)

    • (a) if he establishes that the statements communicated were true;

    • (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;

    • (c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or

    • (d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

  • Marginal note:Forfeiture

    (4) Where a person is convicted of an offence under section 318 or subsection (1) or (2) of this section, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

  • Marginal note:Exemption from seizure of communication facilities

    (5) Subsections 199(6) and (7) apply with such modifications as the circumstances require to section 318 or subsection (1) or (2) of this section.

  • Marginal note:Consent

    (6) No proceeding for an offence under subsection (2) shall be instituted without the consent of the Attorney General.

  • Marginal note:Definitions

    (7) In this section,

    communicating

    communicating  includes communicating by telephone, broadcasting or other audible or visible means; (communiquer)

    identifiable group

    identifiable group  has the same meaning as in section 318; (groupe identifiable)

    public place

    public place  includes any place to which the public have access as of right or by invitation, express or implied; (endroit public)

    statements

    statements  includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations. (déclarations)

  • R.S., 1985, c. C-46, s. 319
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2004, c. 14, s. 2

Marginal note:Warrant of seizure

  • 320 (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is hate propaganda shall issue a warrant under his hand authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days of the issue of a warrant under subsection (1), the judge shall issue a summons to the occupier of the premises requiring him to appear before the court and show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and author may appear

    (3) The owner and the author of the matter seized under subsection (1) and alleged to be hate propaganda may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied that the publication referred to in subsection (1) is hate propaganda, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication referred to in subsection (1) is hate propaganda, it shall order that the matter be restored to the person from whom it was seized forthwith after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared in the proceedings

    • (a) on any ground of appeal that involves a question of law alone,

    • (b) on any ground of appeal that involves a question of fact alone, or

    • (c) on any ground of appeal that involves a question of mixed law and fact,

    as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with such modifications as the circumstances require.

  • Marginal note:Consent

    (7) No proceeding under this section shall be instituted without the consent of the Attorney General.

  • Marginal note:Definitions

    (8) In this section,

    court

    court  means

    • (a) in the Province of Quebec, the Court of Quebec,

    • (a.1) in the Province of Ontario, the Superior Court of Justice,

    • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench,

    • (c) in the Province of Newfoundland and Labrador, the Supreme Court, Trial Division,

    • (c.1)[Repealed, 1992, c. 51, s. 36]

    • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, in Yukon and in the Northwest Territories, the Supreme Court, and

    • (e) in Nunavut, the Nunavut Court of Justice; (tribunal)

    genocide

    genocide  has the same meaning as in section 318; (génocide)

    hate propaganda

    hate propaganda  means any writing, sign or visible representation that advocates or promotes genocide or the communication of which by any person would constitute an offence under section 319; (propagande haineuse)

    judge

    judge  means a judge of a court. (juge)

  • R.S., 1985, c. C-46, s. 320
  • R.S., 1985, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 4, c. 17, s. 11
  • 1992, c. 1, s. 58, c. 51, s. 36
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 29
  • 2002, c. 7, s. 142
  • 2015, c. 3, s. 49

Marginal note:Warrant of seizure

  • 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material that is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted the material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted the material may appear

    (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

  • Marginal note:Destruction of copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court's possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or computer data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Other provisions to apply

    (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

  • Marginal note:When order takes effect

    (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

  • 2001, c. 41, s. 10
  • 2014, c. 31, s. 13

PART VIII.1 Offences Relating to Conveyances

Interpretation

Marginal note:Definitions

320.11  The following definitions apply in this Part.

analyst

analyst  means a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(ii) or paragraph 320.4(c). (analyste)

approved container

approved container  means a container that is designed to receive a sample of a person's blood for analysis and that is approved by the Attorney General of Canada under paragraph 320.39(d). (contenant approuvé)

approved drug screening equipment

approved drug screening equipment  means equipment that is designed to ascertain the presence of a drug in a person's body and that is approved by the Attorney General of Canada under paragraph 320.39(b). (matériel de détection des drogues approuvé)

approved instrument

approved instrument  means an instrument that is designed to receive and make an analysis of a sample of a person's breath to determine their blood alcohol concentration and that is approved by the Attorney General of Canada under paragraph 320.39(c). (éthylomètre approuvé)

approved screening device

approved screening device  means a device that is designed to ascertain the presence of alcohol in a person's blood and that is approved by the Attorney General of Canada under paragraph 320.39(a). (appareil de détection approuvé)

conveyance

conveyance  means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)

evaluating officer

evaluating officer  means a peace officer who has the qualifications prescribed by regulation that are required in order to act as an evaluating officer. (agent évaluateur)

operate

operate  means

  • (a) in respect of a motor vehicle, to drive it or to have care or control of it;

  • (b) in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and

  • (c) in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment's crew, as a person who acts in lieu of a member of the equipment's crew by remote control, or otherwise. (conduire)

qualified medical practitioner

qualified medical practitioner  means a person who is qualified under provincial law to practise medicine. (médecin qualifié)

qualified technician

qualified technician  means

  • (a) in respect of breath samples, a person who is designated by the Attorney General under paragraph 320.4(a); and

  • (b) in respect of blood samples, a person who is, or a person who is a member of a class of persons that is, designated by the Attorney General under subparagraph 320.4(b)(i). (technicien qualifié)

vessel

vessel  includes a hovercraft. (bateau)

  • 2018, c. 21, s. 15

Recognition and Declaration

Marginal note:Recognition and declaration

320.12  It is recognized and declared that

  • (a) operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;

  • (b) the protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;

  • (c) the analysis of a sample of a person's breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and

  • (d) an evaluation conducted by an evaluating officer is a reliable method of determining whether a person's ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

  • 2018, c. 21, s. 15

Offences and Punishment

Marginal note:Dangerous operation

  • 320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

  • Marginal note:Operation causing bodily harm

    (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

  • Marginal note:Operation causing death

    (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

  • 2018, c. 21, s. 15

Marginal note:Operation while impaired

  • 320.14 (1) Everyone commits an offence who

    • (a) operates a conveyance while the person's ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

    • (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

    • (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

    • (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

  • Marginal note:Operation causing bodily harm

    (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.

  • Marginal note:Operation causing death

    (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

  • Marginal note:Operation — low blood drug concentration

    (4) Subject to subsection (6), everyone commits an offence who has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (1)(c).

  • Marginal note:Exception — alcohol

    (5) No person commits an offence under paragraph (1)(b) if

    • (a) they consumed alcohol after ceasing to operate the conveyance;

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of breath or blood; and

    • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration that was less than 80 mg of alcohol in 100 mL of blood.

  • Marginal note:Exception — drugs

    (6) No person commits an offence under paragraph (1)(c) or subsection (4) if

    • (a) they consumed the drug after ceasing to operate the conveyance; and

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

  • Marginal note:Exception — combination of alcohol and drug

    (7) No person commits an offence under paragraph (1)(d) if

    • (a) they consumed the drug or the alcohol or both after ceasing to operate the conveyance;

    • (b) after ceasing to operate the conveyance, they had no reasonable expectation that they would be required to provide a sample of a bodily substance; and

    • (c) their alcohol consumption is consistent with their blood alcohol concentration as determined in accordance with subsection 320.31(1) or (2) and with their having had, at the time when they were operating the conveyance, a blood alcohol concentration less than the blood alcohol concentration established under paragraph 320.38(c).

  • 2018, c. 21, s. 15

Marginal note:Failure or refusal to comply with demand

  • 320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

  • Marginal note:Accident resulting in bodily harm

    (2) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in bodily harm to another person.

  • Marginal note:Accident resulting in death

    (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of the failure or refusal, knows that, or is reckless as to whether, they were involved in an accident that resulted in the death of another person or in bodily harm to another person whose death ensues.

  • Marginal note:Only one conviction

    (4) A person who is convicted of an offence under this section is not to be convicted of another offence under this section with respect to the same transaction.

  • 2018, c. 21, s. 15

Marginal note:Failure to stop after accident

  • 320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

  • Marginal note:Accident resulting in bodily harm

    (2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.

  • Marginal note:Accident resulting in death

    (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.

  • 2018, c. 21, s. 15

Marginal note:Flight from peace officer

320.17  Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

  • 2018, c. 21, s. 15

Marginal note:Operation while prohibited

  • 320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so

    • (a) by an order made under this Act; or

    • (b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.

  • Marginal note:Exception

    (2) No person commits an offence under subsection (1) arising out of the operation of a motor vehicle if they are registered in an alcohol ignition interlock device program established under the law of the province in which they reside and they comply with the conditions of the program.

  • 2018, c. 21, s. 15

Marginal note:Punishment

  • 320.19 (1) Every person who commits an offence under subsection 320.14(1) or 320.15(1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,

      • (i) for a first offence, a fine of $1,000,

      • (ii) for a second offence, imprisonment for a term of 30 days, and

      • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

      • (i) for a first offence, a fine of $1,000,

      • (ii) for a second offence, imprisonment for a term of 30 days, and

      • (iii) for each subsequent offence, imprisonment for a term of 120 days.

  • Marginal note:Summary conviction

    (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.

  • Marginal note:Minimum fines for high blood alcohol concentrations

    (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to

    • (a) a fine of not less than $1,500, if the person's blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and

    • (b) a fine of not less than $2,000, if the person's blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.

  • Marginal note:Minimum fine — subsection 320.15(1)

    (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.

  • Marginal note:Punishment — dangerous operation and other offences

    (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • 2018, c. 21, s. 15
  • 2019, c. 25, s. 402

Marginal note:Punishment in case of bodily harm

320.2  Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,

    • (i) for a first offence, a fine of $1,000,

    • (ii) for a second offence, imprisonment for a term of 30 days, and

    • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

  • (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii).

  • 2018, c. 21, s. 15
  • 2019, c. 25, s. 402

Marginal note:Punishment in case of death

320.21  Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,

  • (a) for a first offence, a fine of $1,000;

  • (b) for a second offence, imprisonment for a term of 30 days; and

  • (c) for each subsequent offence, imprisonment for a term of 120 days.

  • 2018, c. 21, s. 15

Marginal note:Aggravating circumstances for sentencing purposes

320.22  A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider, in addition to any other aggravating circumstances, the following:

  • (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;

  • (b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;

  • (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;

  • (d) the offender was being remunerated for operating the conveyance;

  • (e) the offender's blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;

  • (f) the offender was operating a large motor vehicle; and

  • (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

  • 2018, c. 21, s. 15

Marginal note:Delay of sentencing

  • 320.23 (1) The court may, with the consent of the prosecutor and the offender, and after considering the interests of justice, delay sentencing of an offender who has been found guilty of an offence under subsection 320.14(1) or 320.15(1) to allow the offender to attend a treatment program approved by the province in which the offender resides. If the court delays sentencing, it shall make an order prohibiting the offender from operating, before sentencing, the type of conveyance in question, in which case subsections 320.24(6) to (9) apply.

  • Marginal note:Exception to minimum punishment

    (2) If the offender successfully completes the treatment program, the court is not required to impose the minimum punishment under section 320.19 or to make a prohibition order under section 320.24, but it shall not direct a discharge under section 730.

  • 2018, c. 21, s. 15

Marginal note:Mandatory prohibition order

  • 320.24 (1) If an offender is found guilty of an offence under subsection 320.14(1) or 320.15(1), the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (2).

  • Marginal note:Prohibition period

    (2) The prohibition period is

    • (a) for a first offence, not less than one year and not more than three years, plus the entire period to which the offender is sentenced to imprisonment;

    • (b) for a second offence, not less than two years and not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    • (c) for each subsequent offence, not less than three years, plus the entire period to which the offender is sentenced to imprisonment.

  • Marginal note:Discretionary order of prohibition — low blood drug concentration

    (3) If an offender is found guilty of an offence under subsection 320.14(4), the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period of not more than one year.

  • Marginal note:Discretionary order of prohibition — other offences

    (4) If an offender is found guilty of an offence under section 320.13, subsection 320.14(2) or (3), 320.15(2) or (3) or under any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).

  • Marginal note:Prohibition period

    (5) The prohibition period is

    • (a) if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;

    • (b) if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

    • (c) in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.

  • Marginal note:Effect of order

    (5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.

  • Marginal note:Obligation of court

    (6) A court that makes a prohibition order under this section shall cause the order to be read by or to the offender or a copy of the order to be given to the offender.

  • Marginal note:Validity of prohibition order not affected

    (7) A failure to comply with subsection (6) does not affect the validity of the prohibition order.

  • Marginal note:Application — public place

    (8) A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place.

  • Marginal note:Consecutive prohibition periods

    (9) If the offender is, at the time of the commission of the offence, subject to an order made under this Act prohibiting the offender from operating a conveyance, a court that makes a prohibition order under this section that prohibits the offender from operating the same type of conveyance may order that the prohibition order be served consecutively to that order.

  • Marginal note:Minimum absolute prohibition period

    (10) A person may not be registered in an alcohol ignition interlock device program referred to in subsection 320.18(2) until the expiry of

    • (a) in the case of a first offence, a period, if any, that may be fixed by order of the court;

    • (b) in the case of a second offence, a period of three months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court; and

    • (c) in the case of a subsequent offence, a period of six months after the day on which the sentence is imposed or any longer period that may be fixed by order of the court.

  • 2018, c. 21, s. 15

Marginal note:Stay of order pending appeal

  • 320.25 (1) Subject to subsection (2), if an appeal is taken against a conviction or sentence for an offence under any of sections 320.13 to 320.18, a judge of the court to which the appeal is taken may direct that the prohibition order under section 320.24 arising out of the conviction shall, on any conditions that the judge imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

  • Marginal note:Appeals to Supreme Court of Canada

    (2) In the case of an appeal to the Supreme Court of Canada, a direction may be made only by a judge of the court from which the appeal was taken.

  • Marginal note:Effect of conditions

    (3) The imposition of conditions on a stay of a prohibition order does not operate to decrease the prohibition period provided in the prohibition order.

  • 2018, c. 21, s. 15

Marginal note:Earlier and subsequent offences

320.26  In determining, for the purpose of imposing a sentence for an offence under subsection 320.14(1) or 320.15(1), whether the offence is a second, third or subsequent offence, any of the following offences for which the offender was previously convicted is considered to be an earlier offence:

  • (a) an offence under any of subsections 320.14(1) to (3) or section 320.15; or

  • (b) an offence under any of sections 253, 254 and 255, as those sections read from time to time before the day on which this section comes into force.

  • 2018, c. 21, s. 15

Investigative Matters

Marginal note:Testing for presence of alcohol or drug

  • 320.27 (1) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a conveyance, the peace officer may, by demand, require the person to comply with the requirements of either or both of paragraphs (a) and (b) in the case of alcohol or with the requirements of either or both of paragraphs (a) and (c) in the case of a drug:

    • (a) to immediately perform the physical coordination tests prescribed by regulation and to accompany the peace officer for that purpose;

    • (b) to immediately provide the samples of breath that, in the peace officer's opinion, are necessary to enable a proper analysis to be made by means of an approved screening device and to accompany the peace officer for that purpose;

    • (c) to immediately provide the samples of a bodily substance that, in the peace officer's opinion, are necessary to enable a proper analysis to be made by means of approved drug screening equipment and to accompany the peace officer for that purpose.

  • Marginal note:Mandatory alcohol screening

    (2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer's opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.

  • 2018, c. 21, s. 15

Marginal note:Samples of breath or blood — alcohol

  • 320.28 (1) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person's ability to operate it was impaired to any degree by alcohol or has committed an offence under paragraph 320.14(1)(b), the peace officer may, by demand made as soon as practicable,

    • (a) require the person to provide, as soon as practicable,

      • (i) the samples of breath that, in a qualified technician's opinion, are necessary to enable a proper analysis to be made by means of an approved instrument, or

      • (ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to take one, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person's blood alcohol concentration; and

    • (b) require the person to accompany the peace officer for the purpose of taking samples of that person's breath or blood.

  • Marginal note:Evaluation and samples of blood — drugs

    (2) If a peace officer has reasonable grounds to believe that a person has operated a conveyance while the person's ability to operate it was impaired to any degree by a drug or by a combination of alcohol and a drug, or has committed an offence under paragraph 320.14(1)(c) or (d) or subsection 320.14(4), the peace officer may, by demand, made as soon as practicable, require the person to comply with the requirements of either or both of paragraphs (a) and (b):

    • (a) to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person's ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose; or

    • (b) to provide, as soon as practicable, the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to determine the person's blood drug concentration, or the person's blood drug concentration and blood alcohol concentration, as the case may be, and to accompany the peace officer for that purpose.

  • Marginal note:Samples of breath — alcohol

    (3) An evaluating officer who has reasonable grounds to suspect that a person has alcohol in their body may, if a demand was not made under subsection (1), by demand made as soon as practicable, require the person to provide, as soon as practicable, the samples of breath that, in a qualified technician's opinion, are necessary to enable a proper analysis to be made by means of an approved instrument.

  • Marginal note:Samples of bodily substances

    (4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe that one or more of the types of drugs set out in subsection (5) — or that a combination of alcohol and one or more of those types of drugs — is impairing the person's ability to operate a conveyance, the evaluating officer shall identify the type or types of drugs in question and may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

    • (a) a sample of oral fluid or urine that, in the evaluating officer's opinion, is necessary to enable a proper analysis to be made to ascertain the presence in the person's body of one or more of the types of drugs set out in subsection (5); or

    • (b) the samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, are necessary to enable a proper analysis to be made to ascertain the presence in the person's body of one or more of the types of drugs set out in subsection (5) or to determine the person's blood drug concentration for one or more of those types of drugs.

  • Marginal note:Types of drugs

    (5) For the purpose of subsection (4), the types of drugs are the following:

    • (a) a depressant;

    • (b) an inhalant;

    • (c) a dissociative anaesthetic;

    • (d) cannabis;

    • (e) a stimulant;

    • (f) a hallucinogen; or

    • (g) a narcotic analgesic.

  • Marginal note:Condition

    (6) A sample of blood may be taken from a person under this section only by a qualified medical practitioner or a qualified technician, and only if they are satisfied that taking the sample would not endanger the person's health.

  • Marginal note:Approved containers

    (7) A sample of blood shall be received into an approved container that shall be subsequently sealed.

  • Marginal note:Retained sample

    (8) A person who takes samples of blood under this section shall cause one of the samples to be retained for the purpose of analysis by or on behalf of the person from whom the blood samples were taken.

  • Marginal note:Validity of analysis not affected

    (9) A failure to comply with subsection (7) or (8) does not by itself affect the validity of the taking of the sample or of an analysis made of the sample.

  • Marginal note:Release of retained sample

    (10) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the person from whom samples of blood were taken under this section, made within six months after the day on which the samples were taken, order the release of any sample that was retained to the person for the purpose of examination or analysis, subject to any terms that the judge considers appropriate to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.

  • 2018, c. 21, s. 15

Marginal note:Warrants to obtain blood samples

  • 320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person's blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person's blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 or on an information on oath submitted to the justice by telephone or other means of telecommunication, that

    • (a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person;

    • (b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and

    • (c) a qualified medical practitioner is of the opinion that

      • (i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and

      • (ii) the taking of samples of the person's blood will not endanger their health.

  • Marginal note:Form

    (2) A warrant issued under subsection (1) may be in Form 5 or 5.1, varied to suit the case.

  • Marginal note:Procedure — telephone or other means of telecommunication

    (3) Section 487.1 applies, with any modifications that the circumstances require, in respect of an application for a warrant that is submitted by telephone or other means of telecommunication.

  • Marginal note:Duration of warrant

    (4) Samples of blood may be taken from a person under a warrant issued under subsection (1) only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.

  • Marginal note:Copy or facsimile to person

    (5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the samples of blood are taken.

  • Marginal note:Taking of samples

    (6) Subsections 320.28(7) to (10) apply with respect to the taking of samples of blood under this section.

  • 2018, c. 21, s. 15

Marginal note:Testing blood — drug or alcohol

320.3  Samples of a person's blood that are taken for the purposes of this Part may be analyzed to determine the person's blood alcohol concentration or blood drug concentration, or both.

  • 2018, c. 21, s. 15

Evidentiary Matters

Marginal note:Breath samples

  • 320.31 (1) If samples of a person's breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person's blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same — or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person's blood alcohol concentration at the time when the analyses were made — if

    • (a) before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood and a system calibration check the result of which is within 10% of the target value of an alcohol standard that is certified by an analyst;

    • (b) there was an interval of at least 15 minutes between the times when the samples were taken; and

    • (c) the results of the analyses, rounded down to the nearest multiple of 10 mg, did not differ by more than 20 mg of alcohol in 100 mL of blood.

  • Marginal note:Blood samples — concentration when sample taken

    (2) The result of an analysis made by an analyst of a sample of a person's blood is proof of their blood alcohol concentration or their blood drug concentration, as the case may be, at the time when the sample was taken in the absence of evidence tending to show that the analysis was performed improperly.

  • Marginal note:Evidence not included

    (3) Evidence of the following does not constitute evidence tending to show that an analysis of a sample of a person's blood was performed improperly:

    • (a) the amount of alcohol or a drug that they consumed;

    • (b) the rate at which the alcohol or the drug would have been absorbed or eliminated by their body; or

    • (c) a calculation based on the evidence referred to in paragraphs (a) and (b) of what their blood alcohol concentration or blood drug concentration would have been at the time the sample was taken.

  • Marginal note:Presumption — blood alcohol concentration

    (4) For the purpose of paragraphs 320.14(1)(b) and (d), if the first of the samples of breath was taken, or the sample of blood was taken, more than two hours after the person ceased to operate the conveyance and the person's blood alcohol concentration was equal to or exceeded 20 mg of alcohol in 100 mL of blood, the person's blood alcohol concentration within those two hours is conclusively presumed to be the concentration established in accordance with subsection (1) or (2), as the case may be, plus an additional 5 mg of alcohol in 100 mL of blood for every interval of 30 minutes in excess of those two hours.

  • Marginal note:Admissibility of evaluating officer's opinion

    (5) An evaluating officer's opinion relating to the impairment, by a type of drug that they identified, or by a combination of alcohol and that type of drug, of a person's ability to operate a conveyance is admissible in evidence without qualifying the evaluating officer as an expert.

  • Marginal note:Presumption — drug

    (6) If the analysis of a sample provided under subsection 320.28(4) demonstrates that the person has a drug in their body that is of a type that the evaluating officer has identified as impairing the person's ability to operate a conveyance, that drug — or, if the person has also consumed alcohol, the combination of alcohol and that drug — is presumed, in the absence of evidence to the contrary, to be the drug, or the combination of alcohol and that drug, that was present in the person's body at the time when the person operated the conveyance and, on proof of the person's impairment, to have been the cause of that impairment.

  • Marginal note:Admissibility of result of analysis

    (7) The result of an analysis of a sample of a person's breath, blood, urine, sweat or other bodily substance that they were not required to provide under this Part may be admitted in evidence even if the person was not warned before they provided the sample that they were not required to do so or that the result of the analysis of the sample might be used in evidence.

  • Marginal note:Evidence of failure to provide sample

    (8) Unless a person is required to provide a sample of a bodily substance under this Part, evidence that they failed or refused to provide a sample for analysis or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in any proceedings under this Part.

  • Marginal note:Admissibility of statement

    (9) A statement made by a person to a peace officer, including a statement compelled under a provincial Act, is admissible in evidence for the purpose of justifying a demand made under section 320.27 or 320.28.

  • Marginal note:Evidence of failure to comply with demand

    (10) In any proceedings in respect of an offence under section 320.14, evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 320.27 or 320.28 is admissible and the court may draw an inference adverse to the accused from that evidence.

  • 2018, c. 21, s. 15

Marginal note:Certificates

  • 320.32 (1) A certificate of an analyst, qualified medical practitioner or qualified technician made under this Part is evidence of the facts alleged in the certificate without proof of the signature or the official character of the person who signed the certificate.

  • Marginal note:Notice of intention to produce certificate

    (2) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention to produce it and a copy of the certificate.

  • Marginal note:Attendance and cross-examination

    (3) A party against whom the certificate is produced may apply to the court for an order requiring the attendance of the person who signed the certificate for the purposes of cross-examination.

  • Marginal note:Form and content of application

    (4) The application shall be made in writing and set out the likely relevance of the proposed cross-examination with respect to the facts alleged in the certificate. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.

  • Marginal note:Time of hearing

    (5) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

  • Marginal note:Certificate admissible in evidence

    (6) In proceedings in respect of an offence under subsection 320.18(1), the following certificates are evidence of the facts alleged in them without proof of the signature or official character of the person who signed them:

    • (a) a certificate setting out with reasonable particularity that the person named in it is prohibited from operating a motor vehicle in the province specified in the certificate, signed by the person who is responsible for the registration of motor vehicles in that province or any person authorized by the responsible person to sign it; and

    • (b) a certificate setting out with reasonable particularity that the person named in it is prohibited from operating a conveyance other than a motor vehicle, signed by the Minister of Transport or any person authorized by him or her to sign it.

  • Marginal note:Onus

    (7) If it is proved that a prohibition under paragraph 320.18(1)(b) has been imposed on a person and that notice of the prohibition has been mailed to them at their last known address, that person is, beginning on the tenth day after the day on which the notice is mailed, in the absence of evidence to the contrary, presumed to have received the notice and to have knowledge of the prohibition, of the date of its commencement and of its duration.

  • 2018, c. 21, s. 15

Marginal note:Printout from approved instrument

320.33  A document that is printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made an analysis of a sample of a person's breath is evidence of the facts alleged in the document without proof of the signature or official character of the person who signed it.

  • 2018, c. 21, s. 15

Marginal note:Disclosure of information

  • 320.34 (1) In proceedings in respect of an offence under section 320.14, the prosecutor shall disclose to the accused, with respect to any samples of breath that the accused provided under section 320.28, information sufficient to determine whether the conditions set out in paragraphs 320.31(1)(a) to (c) have been met, namely:

    • (a) the results of the system blank tests;

    • (b) the results of the system calibration checks;

    • (c) any error or exception messages produced by the approved instrument at the time the samples were taken;

    • (d) the results of the analysis of the accused's breath samples; and

    • (e) a certificate of an analyst stating that the sample of an alcohol standard that is identified in the certificate is suitable for use with an approved instrument.

  • Marginal note:Application for further disclosure

    (2) The accused may apply to the court for a hearing to determine whether further information should be disclosed.

  • Marginal note:Form and content of application

    (3) The application shall be in writing and set out detailed particulars of the information that the accused seeks to have disclosed and the likely relevance of that information to determining whether the approved instrument was in proper working order. A copy of the application shall be given to the prosecutor at least 30 days before the day on which the application is to be heard.

  • Marginal note:Time of hearing

    (4) The hearing of the application shall be held at least 30 days before the day on which the trial is to be held.

  • Marginal note:For greater certainty

    (5) For greater certainty, nothing in this section limits the disclosure to which the accused may otherwise be entitled.

  • 2018, c. 21, s. 15

Marginal note:Presumption of operation

320.35  In proceedings in respect of an offence under section 320.14 or 320.15, if it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a conveyance, the accused is presumed to have been operating the conveyance unless they establish that they did not occupy that seat or position for the purpose of setting the conveyance in motion.

  • 2018, c. 21, s. 15

General Provisions

Marginal note:Unauthorized use of bodily substance

  • 320.36 (1) No person shall use a bodily substance obtained under this Part for any purpose other than for an analysis under this Part.

  • Marginal note:Unauthorized use or disclosure of results

    (2) No person shall use, disclose or allow the disclosure of the results obtained under this Part of any evaluation, physical coordination test or analysis of a bodily substance, except for the purpose of the administration or enforcement of a federal or provincial Act related to drugs and/or alcohol and/or to the operation of a motor vehicle, vessel, aircraft or railway equipment.

  • Marginal note:Exception

    (3) The results of an evaluation, test or analysis referred to in subsection (2) may be disclosed to the person to whom they relate, and may be disclosed to any other person if the results are made anonymous and the disclosure is made for statistical or research purposes.

  • Marginal note:Offence

    (4) Everyone who contravenes subsection (1) or (2) commits an offence punishable on summary conviction.

  • 2018, c. 21, s. 15

Marginal note:Refusal to take sample

  • 320.37 (1) No qualified medical practitioner or qualified technician shall be found guilty of an offence by reason only of their refusal to take a sample of blood from a person for the purposes of this Part if they have a reasonable excuse for refusing to do so.

  • Marginal note:No liability

    (2) No qualified medical practitioner, and no qualified technician, who takes a sample of blood from a person under this Part incurs any liability for doing anything necessary to take the sample that was done with reasonable care and skill.

  • 2018, c. 21, s. 15

Marginal note:Regulations

320.38  The Governor in Council may make regulations

  • (a) prescribing the qualifications required for a peace officer to act as an evaluating officer and respecting the training of evaluating officers;

  • (b) prescribing the blood drug concentration for a drug for the purpose of paragraph 320.14(1)(c);

  • (c) prescribing a blood alcohol concentration and a blood drug concentration for a drug for the purposes of paragraph 320.14(1)(d);

  • (d) prescribing the blood drug concentration for a drug for the purpose of subsection 320.14(4);

  • (e) prescribing the physical coordination tests to be conducted under paragraph 320.27(1)(a); and

  • (f) prescribing the tests to be conducted and procedures to be followed during an evaluation under paragraph 320.28(2)(a) and the forms to be used in recording the results of the evaluation.

  • 2018, c. 21, s. 15

Marginal note:Approval — Attorney General of Canada

320.39  The Attorney General of Canada may, by order, approve

  • (a) a device that is designed to ascertain the presence of alcohol in a person's blood;

  • (b) equipment that is designed to ascertain the presence of a drug in a person's body;

  • (c) an instrument that is designed to receive and make an analysis of a sample of a person's breath to determine their blood alcohol concentration; and

  • (d) a container that is designed to receive a sample of a person's blood for analysis.

  • 2018, c. 21, s. 15

Marginal note:Designation — Attorney General

320.4  The Attorney General may designate

  • (a) a person as qualified, for the purposes of this Part, to operate an approved instrument;

  • (b) a person or class of persons as qualified, for the purposes of this Part,

    • (i) to take samples of blood, or

    • (ii) to analyze samples of bodily substances; and

  • (c) a person or class of persons as qualified, for the purposes of this Part, to certify that an alcohol standard is suitable for use with an approved instrument.

  • 2018, c. 21, s. 15

PART IX Offences Against Rights of Property

Interpretation

Marginal note:Definitions

321  In this Part,

break

break  means

  • (a) to break any part, internal or external, or

  • (b) to open any thing that is used or intended to be used to close or to cover an internal or external opening; (effraction)

credit card

credit card  means any card, plate, coupon book or other device issued or otherwise distributed for the purpose of being used

  • (a) on presentation to obtain, on credit, money, goods, services or any other thing of value, or

  • (b) in an automated teller machine, a remote service unit or a similar automated banking device to obtain any of the services offered through the machine, unit or device; (carte de crédit)

document

document  means any paper, parchment or other material on which is recorded or marked anything that is capable of being read or understood by a person, computer system or other device, and includes a credit card, but does not include trademarks on articles of commerce or inscriptions on stone or metal or other like material; (document)

exchequer bill

exchequer bill  means a bank-note, bond, note, debenture or security that is issued or guaranteed by Her Majesty under the authority of Parliament or the legislature of a province; (bon du Trésor)

exchequer bill paper

exchequer bill paper  means paper that is used to manufacture exchequer bills; (papier de bons du Trésor)

false document

false document  means a document

  • (a) the whole or a material part of which purports to be made by or on behalf of a person

    • (i) who did not make it or authorize it to be made, or

    • (ii) who did not in fact exist,

  • (b) that is made by or on behalf of the person who purports to make it but is false in some material particular,

  • (c) that is made in the name of an existing person, by him or under his authority, with a fraudulent intention that it should pass as being made by a person, real or fictitious, other than the person who makes it or under whose authority it is made; (faux document)

revenue paper

revenue paper  means paper that is used to make stamps, licences or permits or for any purpose connected with the public revenue. (papier de revenu)

  • R.S., 1985, c. C-46, s. 321
  • R.S., 1985, c. 27 (1st Supp.), s. 42
  • 2014, c. 20, s. 366(E)

Theft

Marginal note:Theft

  • 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent

    • (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;

    • (b) to pledge it or deposit it as security;

    • (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

    • (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

  • Marginal note:Time when theft completed

    (2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.

  • Marginal note:Secrecy

    (3) A taking or conversion of anything may be fraudulent notwithstanding that it is effected without secrecy or attempt at concealment.

  • Marginal note:Purpose of taking

    (4) For the purposes of this Act, the question whether anything that is converted is taken for the purpose of conversion, or whether it is, at the time it is converted, in the lawful possession of the person who converts it is not material.

  • Marginal note:Wild living creature

    (5) For the purposes of this section, a person who has a wild living creature in captivity shall be deemed to have a special property or interest in it while it is in captivity and after it has escaped from captivity.

  • R.S., c. C-34, s. 283

Marginal note:Oysters

  • 323 (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.

  • Marginal note:Oyster bed

    (2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.

  • R.S., c. C-34, s. 284

Marginal note:Theft by bailee of things under seizure

324  Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.

  • R.S., c. C-34, s. 285

Marginal note:Agent pledging goods, when not theft

325  A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of

  • (a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and

  • (b) the amount of any bill of exchange that he has accepted for or on account of his principal.

  • R.S., c. C-34, s. 286

Marginal note:Theft of telecommunication service

  • 326 (1) Every one commits theft who fraudulently, maliciously, or without colour of right,

    • (a) abstracts, consumes or uses electricity or gas or causes it to be wasted or diverted; or

    • (b) uses any telecommunication facility or obtains any telecommunication service.

  • (2)[Repealed, 2014, c. 31, s. 14]

  • R.S., 1985, c. C-46, s. 326
  • 2014, c. 31, s. 14

Marginal note:Possession of device to obtain use of telecommunication facility or service

  • 327 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is

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

    • (b) guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) If a person is convicted of an offence under subsection (1) or paragraph 326(1)(b), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order for forfeiture is to be made in respect of telecommunication facilities or equipment by means of which an offence under subsection (1) is committed if they are owned by a person engaged in providing a telecommunication service to the public or form part of such a person's telecommunication service or system and that person is not a party to the offence.

  • Marginal note:Definition of device

    (4) In this section, device includes

    • (a) a component of a device; and

    • (b) a computer program within the meaning of subsection 342.1(2).

  • R.S., 1985, c. C-46, s. 327
  • 2014, c. 31, s. 15
  • 2018, c. 29, s. 32

Marginal note:Theft by or from person having special property or interest

328  A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen

  • (a) by the owner of it from a person who has a special property or interest in it;

  • (b) by a person who has a special property or interest in it from the owner of it;

  • (c) by a lessee of it from his reversioner;

  • (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or

  • (e) by the representatives of an organization from the organization.

  • R.S., 1985, c. C-46, s. 328
  • 2003, c. 21, s. 4

329 [Repealed, 2000, c. 12, s. 94]

Marginal note:Theft by person required to account

  • 330 (1) Every one commits theft who, having received anything from any person on terms that require him to account for or pay it or the proceeds of it or a part of the proceeds to that person or another person, fraudulently fails to account for or pay it or the proceeds of it or the part of the proceeds of it accordingly.

  • Marginal note:Effect of entry in account

    (2) Where subsection (1) otherwise applies, but one of the terms is that the thing received or the proceeds or part of the proceeds of it shall be an item in a debtor and creditor account between the person who receives the thing and the person to whom he is to account for or to pay it, and that the latter shall rely only on the liability of the other as his debtor in respect thereof, a proper entry in that account of the thing received or the proceeds or part of the proceeds of it, as the case may be, is a sufficient accounting therefor, and no fraudulent conversion of the thing or the proceeds or part of the proceeds of it thereby accounted for shall be deemed to have taken place.

  • R.S., c. C-34, s. 290

Marginal note:Theft by person holding power of attorney

331  Every one commits theft who, being entrusted, whether solely or jointly with another person, with a power of attorney for the sale, mortgage, pledge or other disposition of real or personal property, fraudulently sells, mortgages, pledges or otherwise disposes of the property or any part of it, or fraudulently converts the proceeds of a sale, mortgage, pledge or other disposition of the property, or any part of the proceeds, to a purpose other than that for which he was entrusted by the power of attorney.

  • R.S., c. C-34, s. 291

Marginal note:Misappropriation of money held under direction

  • 332 (1) Every one commits theft who, having received, either solely or jointly with another person, money or valuable security or a power of attorney for the sale of real or personal property, with a direction that the money or a part of it, or the proceeds or a part of the proceeds of the security or the property shall be applied to a purpose or paid to a person specified in the direction, fraudulently and contrary to the direction applies to any other purpose or pays to any other person the money or proceeds or any part of it.

  • Marginal note:Effect of entry in account

    (2) This section does not apply where a person who receives anything mentioned in subsection (1) and the person from whom he receives it deal with each other on such terms that all money paid to the former would, in the absence of any such direction, be properly treated as an item in a debtor and creditor account between them, unless the direction is in writing.

  • R.S., c. C-34, s. 292

Marginal note:Taking ore for scientific purpose

333  No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.

  • R.S., c. C-34, s. 293

Marginal note:Motor vehicle theft

  • 333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable

    • (a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence under this subsection; or

    • (b) on summary conviction, to imprisonment for a term of not more than two years less a day.

  • Marginal note:Subsequent offences

    (2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings.

  • 2010, c. 14, s. 3
  • 2019, c. 25, s. 121

Marginal note:Punishment for theft

334  Except where otherwise provided by law, every one who commits theft

  • (a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

    • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

    • (ii) an offence punishable on summary conviction; or

  • (b) if the value of what is stolen is not more than $5,000, is guilty

    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (ii) of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 334
  • R.S., 1985, c. 27 (1st Supp.), s. 43
  • 1994, c. 44, s. 20
  • 2019, c. 25, s. 122

Offences Resembling Theft

Marginal note:Taking motor vehicle or vessel or found therein without consent

  • 335 (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.

  • Marginal note:Definition of vessel

    (2) For the purposes of subsection (1), vessel has the same meaning as in section 320.11.

  • R.S., 1985, c. C-46, s. 335
  • R.S., 1985, c. 1 (4th Supp.), s. 15
  • 1997, c. 18, s. 15
  • 2018, c. 21, s. 16

Marginal note:Criminal breach of trust

336  Every one who, being a trustee of anything for the use or benefit, whether in whole or in part, of another person, or for a public or charitable purpose, converts, with intent to defraud and in contravention of his trust, that thing or any part of it to a use that is not authorized by the trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 296

337 [Repealed, 2018, c. 29, s. 33]

Marginal note:Fraudulently taking cattle or defacing brand

  • 338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells cattle that are found astray, or

    • (b) fraudulently, in whole or in part,

      • (i) obliterates, alters or defaces a brand or mark on cattle, or

      • (ii) makes a false or counterfeit brand or mark on cattle.

  • Marginal note:Punishment for theft of cattle

    (2) Every person who commits theft of cattle is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Evidence of property in cattle

    (3) In any proceedings under this Act, evidence that cattle are marked with a brand or mark that is recorded or registered in accordance with any Act is, in the absence of any evidence to the contrary, proof that the cattle are owned by the registered owner of that brand or mark.

  • Marginal note:Presumption from possession

    (4) Where an accused is charged with an offence under subsection (1) or (2), the burden of proving that the cattle came lawfully into the possession of the accused or his employee or into the possession of another person on behalf of the accused is on the accused, if the accused is not the registered owner of the brand or mark with which the cattle are marked, unless it appears that possession of the cattle by an employee of the accused or by another person on behalf of the accused was without the knowledge and authority, sanction or approval of the accused.

  • R.S., 1985, c. C-46, s. 338
  • 2019, c. 25, s. 123

Marginal note:Taking possession, etc., of drift timber

  • 339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

    • (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;

    • (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or

    • (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.

  • Marginal note:Dealer in second-hand goods

    (2) Every one who, being a dealer in second-hand goods of any kind, trades or traffics in or has in his possession for sale or traffic any lumbering equipment that is marked with the mark, brand, registered timber mark, name or initials of a person, without the written consent of that person, is guilty of an offence punishable on summary conviction.

  • Marginal note:Search for timber unlawfully detained

    (3) A peace officer who suspects, on reasonable grounds, that any lumber owned by any person and bearing the registered timber mark of that person is kept or detained in or on any place without the knowledge or consent of that person, may enter into or on that place to ascertain whether or not it is detained there without the knowledge or consent of that person.

  • Marginal note:Evidence of property in timber

    (4) Where any lumber or lumbering equipment is marked with a timber mark or a boom chain brand registered under any Act, the mark or brand is, in proceedings under subsection (1), and, in the absence of any evidence to the contrary, proof that it is the property of the registered owner of the mark or brand.

  • Marginal note:Presumption from possession

    (5) Where an accused or his servants or agents are in possession of lumber or lumbering equipment marked with the mark, brand, registered timber mark, name or initials of another person, the burden of proving that it came lawfully into his possession or into possession of his servants or agents is, in proceedings under subsection (1), on the accused.

  • Marginal note:Definitions

    (6) In this section,

    coastal waters of Canada

    coastal waters of Canada  includes all of Queen Charlotte Sound, all the Strait of Georgia and the Canadian waters of the Strait of Juan de Fuca; (eaux côtières du Canada)

    lumber

    lumber  means timber, mast, spar, shingle bolt, sawlog or lumber of any description; (bois)

    lumbering equipment

    lumbering equipment  includes a boom chain, chain, line and shackle. (matériel d'exploitation forestière)

  • R.S., 1985, c. C-46, s. 339
  • 2019, c. 25, s. 124

Marginal note:Destroying documents of title

340  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

  • (a) a document of title to goods or lands,

  • (b) a valuable security or testamentary instrument, or

  • (c) a judicial or official document.

  • R.S., 1985, c. C-46, s. 340
  • 2019, c. 25, s. 125

Marginal note:Fraudulent concealment

341  Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 341
  • 2019, c. 25, s. 126

Marginal note:Theft, forgery, etc., of credit card

  • 342 (1) Every person who

    • (a) steals a credit card,

    • (b) forges or falsifies a credit card,

    • (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered

      • (i) by the commission in Canada of an offence, or

      • (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or

    • (d) uses a credit card knowing that it has been revoked or cancelled,

    is guilty of

    • (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or

    • (f) an offence punishable on summary conviction.

  • Marginal note:Jurisdiction

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be commenced in that place without the consent of the Attorney General of that province.

  • Marginal note:Unauthorized use of credit card data

    (3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definitions

    (4) In this section,

    personal authentication information

    personal authentication information  means a personal identification number or any other password or information that a credit card holder creates or adopts to be used to authenticate his or her identity in relation to the credit card; (authentifiant personnel)

    traffic

    traffic  means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.  (trafic)

  • R.S., 1985, c. C-46, s. 342
  • R.S., 1985, c. 27 (1st Supp.), ss. 44, 185(F)
  • 1997, c. 18, s. 16
  • 2009, c. 28, s. 4

Marginal note:Instruments for copying credit card data or forging or falsifying credit cards

  • 342.01 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction, who, without lawful justification or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use

    • (a) in the copying of credit card data for use in the commission of an offence under subsection 342(3); or

    • (b) in the forging or falsifying of credit cards.

  • Marginal note:Forfeiture

    (2) Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).

  • 1997, c. 18, s. 17
  • 2009, c. 28, s. 5

Marginal note:Unauthorized use of computer

  • 342.1 (1) Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or is guilty of an offence punishable on summary conviction who, fraudulently and without colour of right,

    • (a) obtains, directly or indirectly, any computer service;

    • (b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system;

    • (c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or under section 430 in relation to computer data or a computer system; or

    • (d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c).

  • Marginal note:Definitions

    (2) In this section,

    computer data

    computer data  means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system;  (données informatiques)

    computer password

    computer password  means any computer data by which a computer service or computer system is capable of being obtained or used; (mot de passe)

    computer program

    computer program  means computer data representing instructions or statements that, when executed in a computer system, causes the computer system to perform a function; (programme d'ordinateur)

    computer service

    computer service  includes data processing and the storage or retrieval of computer data; (service d'ordinateur)

    computer system

    computer system  means a device that, or a group of interconnected or related devices one or more of which,

    • (a) contains computer programs or other computer data, and

    • (b) by means of computer programs,

      • (i) performs logic and control, and

      • (ii) may perform any other function; (ordinateur)

    data

    data [Repealed, 2014, c. 31, s. 16]

    electro-magnetic, acoustic, mechanical or other device

    electro-magnetic, acoustic, mechanical or other device  means any device or apparatus that is used or is capable of being used to intercept any function of a computer system, but does not include a hearing aid used to correct subnormal hearing of the user to not better than normal hearing; (dispositif électromagnétique, acoustique, mécanique ou autre)

    function

    function  includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; (fonction)

    intercept

    intercept  includes listen to or record a function of a computer system, or acquire the substance, meaning or purport thereof; (intercepter)

    traffic

    traffic  means, in respect of a computer password, to sell, export from or import into Canada, distribute or deal with in any other way. (trafic)

  • R.S., 1985, c. 27 (1st Supp.), s. 45
  • 1997, c. 18, s. 18
  • 2014, c. 31, s. 16

Marginal note:Possession of device to obtain unauthorized use of computer system or to commit mischief

  • 342.2 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, knowing that the device has been used or is intended to be used to commit such an offence, is

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

    • (b) guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) If a person is convicted of an offence under subsection (1), in addition to any punishment that is imposed, any device in relation to which the offence was committed or the possession of which constituted the offence may be ordered forfeited to Her Majesty and may be disposed of as the Attorney General directs.

  • Marginal note:Limitation

    (3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).

  • Marginal note:Definition of device

    (4) In this section, device includes

    • (a) a component of a device; and

    • (b) a computer program within the meaning of subsection 342.1(2).

  • 1997, c. 18, s. 19
  • 2014, c. 31, s. 17
  • 2018, c. 29, s. 34

Robbery and Extortion

Marginal note:Robbery

343  Every one commits robbery who

  • (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;

  • (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

  • (c) assaults any person with intent to steal from him; or

  • (d) steals from any person while armed with an offensive weapon or imitation thereof.

  • R.S., c. C-34, s. 302

Marginal note:Robbery

  • 344 (1) Every person who commits robbery is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • R.S., 1985, c. C-46, s. 344
  • 1995, c. 39, s. 149
  • 2008, c. 6, s. 32
  • 2009, c. 22, s. 14

Marginal note:Stopping mail with intent

345  Every one who stops a mail conveyance with intent to rob or search it is guilty of an indictable offence and liable to imprisonment for life.

  • R.S., c. C-34, s. 304

Marginal note:Extortion

  • 346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.

  • Marginal note:Extortion

    (1.1) Every person who commits extortion is guilty of an indictable offence and liable

    • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

      • (i) in the case of a first offence, five years, and

      • (ii) in the case of a second or subsequent offence, seven years;

    • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    • (b) in any other case, to imprisonment for life.

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

  • Marginal note:Saving

    (2) A threat to institute civil proceedings is not a threat for the purposes of this section.

  • R.S., 1985, c. C-46, s. 346
  • R.S., 1985, c. 27 (1st Supp.), s. 46
  • 1995, c. 39, s. 150
  • 2008, c. 6, s. 33
  • 2009, c. 22, s. 15

Criminal Interest Rate

Marginal note:Criminal interest rate

  • 347 (1) Despite any other Act of Parliament, every one who enters into an agreement or arrangement to receive interest at a criminal rate, or receives a payment or partial payment of interest at a criminal rate, is

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

    • (b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Definitions

    (2) In this section,

    credit advanced

    credit advanced  means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement; (capital prêté)

    criminal rate

    criminal rate  means an effective annual rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds sixty per cent on the credit advanced under an agreement or arrangement; (taux criminel)

    insurance charge

    insurance charge  means the cost of insuring the risk assumed by the person who advances or is to advance credit under an agreement or arrangement, where the face amount of the insurance does not exceed the credit advanced; (frais d'assurance)

    interest

    interest  means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, by or on behalf of the person to whom the credit is or is to be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage transaction, any amount required to be paid on account of property taxes; (intérêt)

    official fee

    official fee  means a fee required by law to be paid to any governmental authority in connection with perfecting any security under an agreement or arrangement for the advancing of credit; (taxe officielle)

    overdraft charge

    overdraft charge  means a charge not exceeding five dollars for the creation of or increase in an overdraft, imposed by a credit union or caisse populaire the membership of which is wholly or substantially comprised of natural persons or a deposit taking institution the deposits in which are insured, in whole or in part, by the Canada Deposit Insurance Corporation or guaranteed, in whole or in part, by the Quebec Deposit Insurance Board; (frais pour découvert de compte)

    required deposit balance

    required deposit balance  means a fixed or an ascertainable amount of the money actually advanced or to be advanced under an agreement or arrangement that is required, as a condition of the agreement or arrangement, to be deposited or invested by or on behalf of the person to whom the advance is or is to be made and that may be available, in the event of his defaulting in any payment, to or for the benefit of the person who advances or is to advance the money. (dépôt de garantie)

  • Marginal note:Presumption

    (3) Where a person receives a payment or partial payment of interest at a criminal rate, he shall, in the absence of evidence to the contrary, be deemed to have knowledge of the nature of the payment and that it was received at a criminal rate.

  • Marginal note:Proof of effective annual rate

    (4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that he has calculated the effective annual rate of interest on any credit advanced under an agreement or arrangement and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the effective annual rate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Notice

    (5) A certificate referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has given to the accused or defendant reasonable notice of that intention together with a copy of the certificate.

  • Marginal note:Cross-examination with leave

    (6) An accused or a defendant against whom a certificate referred to in subsection (4) is produced may, with leave of the court, require the attendance of the actuary for the purposes of cross-examination.

  • Marginal note:Consent required for proceedings

    (7) No proceedings shall be commenced under this section without the consent of the Attorney General.

  • Marginal note:Application

    (8) This section does not apply to any transaction to which the Tax Rebate Discounting Act applies.

  • R.S., 1985, c. C-46, s. 347
  • 1992, c. 1, s. 60(F)
  • 2007, c. 9, s. 1
  • 2019, c. 25, s. 127

Marginal note:Definitions

  • 347.1 (1) The following definitions apply in subsection (2).

    interest

    interest  has the same meaning as in subsection 347(2). (intérêts)

    payday loan

    payday loan  means an advancement of money in exchange for a post-dated cheque, a pre-authorized debit or a future payment of a similar nature but not for any guarantee, suretyship, overdraft protection or security on property and not through a margin loan, pawnbroking, a line of credit or a credit card. (prêt sur salaire)

  • Marginal note:Non-application

    (2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition financial institution in section 2 of the Bank Act, in respect of a payday loan agreement entered into by the person to receive interest, or in respect of interest received by that person under the agreement, if

    • (a) the amount of money advanced under the agreement is $1,500 or less and the term of the agreement is 62 days or less;

    • (b) the person is licensed or otherwise specifically authorized under the laws of a province to enter into the agreement; and

    • (c) the province is designated under subsection (3).

  • Marginal note:Designation of province

    (3) The Governor in Council shall, by order and at the request of the lieutenant governor in council of a province, designate the province for the purposes of this section if the province has legislative measures that protect recipients of payday loans and that provide for limits on the total cost of borrowing under the agreements.

  • Marginal note:Revocation

    (4) The Governor in Council shall, by order, revoke the designation made under subsection (3) if requested to do so by the lieutenant governor in council of the province or if the legislative measures described in that subsection are no longer in force in that province.

  • 2007, c. 9, s. 2

Breaking and Entering

Marginal note:Breaking and entering with intent, committing offence or breaking out

  • 348 (1) Every one who

    • (a) breaks and enters a place with intent to commit an indictable offence therein,

    • (b) breaks and enters a place and commits an indictable offence therein, or

    • (c) breaks out of a place after

      • (i) committing an indictable offence therein, or

      • (ii) entering the place with intent to commit an indictable offence therein,

    is guilty

    • (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

    • (e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

  • Marginal note:Presumptions

    (2) For the purposes of proceedings under this section, evidence that an accused

    • (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

    • (b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

      • (i) committing an indictable offence therein, or

      • (ii) entering with intent to commit an indictable offence therein.

  • Marginal note:Definition of place

    (3) For the purposes of this section and section 351, place means

    • (a) a dwelling-house;

    • (b) a building or structure or any part thereof, other than a dwelling-house;

    • (c) a railway vehicle, a vessel, an aircraft or a trailer; or

    • (d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

  • R.S., 1985, c. C-46, s. 348
  • R.S., 1985, c. 27 (1st Supp.), s. 47
  • 1997, c. 18, s. 20

Marginal note:Aggravating circumstance — home invasion

348.1  If a person is convicted of an offence under section 98 or 98.1, subsection 279(2) or section 343, 346 or 348 in relation to a dwelling-house, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence,

  • (a) knew that or was reckless as to whether the dwelling-house was occupied; and

  • (b) used violence or threats of violence to a person or property.

  • 2002, c. 13, s. 15
  • 2008, c. 6, s. 34

Marginal note:Being unlawfully in dwelling-house

  • 349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under this section, evidence that an accused, without lawful excuse, entered or was in a dwelling-house is, in the absence of any evidence to the contrary, proof that he entered or was in the dwelling-house with intent to commit an indictable offence therein.

  • R.S., 1985, c. C-46, s. 349
  • 1997, c. 18, s. 21
  • 2018, c. 29, s. 35

Marginal note:Entrance

350  For the purposes of sections 348 and 349,

  • (a) a person enters as soon as any part of his body or any part of an instrument that he uses is within any thing that is being entered; and

  • (b) a person shall be deemed to have broken and entered if

    • (i) he obtained entrance by a threat or an artifice or by collusion with a person within, or

    • (ii) he entered without lawful justification or excuse by a permanent or temporary opening.

  • R.S., 1985, c. C-46, s. 350
  • 2018, c. 29, s. 36

Marginal note:Possession of break-in instrument

  • 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Disguise with intent

    (2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 351
  • R.S., 1985, c. 27 (1st Supp.), s. 48
  • 2008, c. 18, s. 9
  • 2018, c. 29, s. 37
  • 2019, c. 25, s. 128

Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices

352  Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 352
  • 2018, c. 29, s. 38
  • 2019, c. 25, s. 129

Marginal note:Selling, etc., automobile master key

  • 353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

    • (a) sells, offers for sale or advertises in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province, or

    • (b) purchases or has in his possession in a province an automobile master key otherwise than under the authority of a licence issued by the Attorney General of that province.

  • Marginal note:Exception

    (1.1) A police officer specially authorized by the chief of the police force to possess an automobile master key is not guilty of an offence under subsection (1) by reason only that the police officer possesses an automobile master key for the purposes of the execution of the police officer's duties.

  • Marginal note:Terms and conditions of licence

    (2) A licence issued by the Attorney General of a province as described in paragraph (1)(a) or (b) may contain such terms and conditions relating to the sale, offering for sale, advertising, purchasing, having in possession or use of an automobile master key as the Attorney General of that province may prescribe.

  • Marginal note:Fees

    (2.1) The Attorney General of a province may prescribe fees for the issue or renewal of licences as described in paragraph (1)(a) or (b).

  • Marginal note:Record to be kept

    (3) Every one who sells an automobile master key

    • (a) shall keep a record of the transaction showing the name and address of the purchaser and particulars of the licence issued to the purchaser as described in paragraph (1)(b); and

    • (b) shall produce the record for inspection at the request of a peace officer.

  • Marginal note:Failure to comply with subsection (3)

    (4) Every one who fails to comply with subsection (3) is guilty of an offence punishable on summary conviction.

  • Marginal note:Definitions

    (5) The definitions in this subsection apply in this section.

    automobile master key

    automobile master key  includes a key, pick, rocker key or other instrument designed or adapted to operate the ignition or other switches or locks of a series of motor vehicles. (passe-partout d'automobile)

    licence

    licence  includes any authorization. (licence)

  • R.S., 1985, c. C-46, s. 353
  • 1997, c. 18, s. 22
  • 2019, c. 25, s. 130

Marginal note:Tampering with vehicle identification number

  • 353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.

  • Marginal note:Definition of vehicle identification number

    (2) For the purpose of this section, vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.

  • Marginal note:Exception

    (3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • 2010, c. 14, s. 4

Possession and Trafficking

Marginal note:Possession of property obtained by crime

  • 354 (1) Every one commits an offence who has in his possession any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from

    • (a) the commission in Canada of an offence punishable by indictment; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • Marginal note:Obliterated vehicle identification number

    (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained,

    • (a) by the commission in Canada of an offence punishable by indictment; or

    • (b) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • Marginal note:Definition of vehicle identification number

    (3) For the purposes of subsection (2), vehicle identification number means any number or other mark placed on a motor vehicle for the purpose of distinguishing the motor vehicle from other similar motor vehicles.

  • Marginal note:Exception

    (4) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or a thing or the proceeds of property or a thing mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

  • R.S., 1985, c. C-46, s. 354
  • 1997, c. 18, s. 23
  • 2018, c. 29, s. 39

Marginal note:Punishment

355  Every one who commits an offence under section 354

  • (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of

    • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

    • (ii) an offence punishable on summary conviction; or

  • (b) if the value of the subject matter of the offence is not more than $5,000, is guilty

    • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

    • (ii) of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 355
  • R.S., 1985, c. 27 (1st Supp.), s. 49
  • 1994, c. 44, s. 21
  • 2019, c. 25, s. 131

Definition of traffic

355.1  For the purposes of sections 355.2 and 355.4, traffic means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.

  • 2010, c. 14, s. 6

Marginal note:Trafficking in property obtained by crime

355.2  Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6

Marginal note: In rem prohibition

355.3  The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6

Marginal note:Possession of property obtained by crime — trafficking

355.4  Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from

  • (a) the commission in Canada of an offence punishable by indictment; or

  • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.

  • 2010, c. 14, s. 6

Marginal note:Punishment

355.5  Everyone who commits an offence under section 355.2 or 355.4

  • (a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or

  • (b) is, if the value of the subject matter of the offence is not more than $5,000,

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

    • (ii) guilty of an offence punishable on summary conviction.

  • 2010, c. 14, s. 6

Marginal note:Theft from mail

  • 356 (1) Everyone commits an offence who

    • (a) steals

      • (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail,

      • (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or

      • (iii) a key suited to a lock adopted for use by the Canada Post Corporation;

    • (a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail;

    • (b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or

    • (c) fraudulently redirects, or causes to be redirected, anything sent by post.

  • Marginal note:Allegation of value not necessary

    (2) In proceedings for an offence under this section it is not necessary to allege in the indictment or to prove on the trial that anything in respect of which the offence was committed had any value.

  • Marginal note:Punishment

    (3) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 356
  • 2009, c. 28, s. 6

Marginal note:Bringing into Canada property obtained by crime

357  Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 357
  • R.S., 1985, c. 27 (1st Supp.), s. 50
  • 2019, c. 25, s. 132

Marginal note:Having in possession when complete

358  For the purposes of sections 342 and 354 and paragraph 356(1)(b), the offence of having in possession is complete when a person has, alone or jointly with another person, possession of or control over anything mentioned in those sections or when he aids in concealing or disposing of it, as the case may be.

  • R.S., 1985, c. C-46, s. 358
  • R.S., 1985, c. 27 (1st Supp.), s. 50

359 [Repealed, 2018, c. 29, s. 40]

360 [Repealed, 2018, c. 29, s. 40]

False Pretences

Marginal note:False pretence

  • 361 (1) A false pretence is a representation of a matter of fact either present or past, made by words or otherwise, that is known by the person who makes it to be false and that is made with a fraudulent intent to induce the person to whom it is made to act on it.

  • Marginal note:Exaggeration

    (2) Exaggerated commendation or depreciation of the quality of anything is not a false pretence unless it is carried to such an extent that it amounts to a fraudulent misrepresentation of fact.

  • Marginal note:Question of fact

    (3) For the purposes of subsection (2), it is a question of fact whether commendation or depreciation amounts to a fraudulent misrepresentation of fact.

  • R.S., c. C-34, s. 319

Marginal note:False pretence or false statement

  • 362 (1) Every one commits an offence who

    • (a) by a false pretence, whether directly or through the medium of a contract obtained by a false pretence, obtains anything in respect of which the offence of theft may be committed or causes it to be delivered to another person;

    • (b) obtains credit by a false pretence or by fraud;

    • (c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization,

      • (i) the delivery of personal property,

      • (ii) the payment of money,

      • (iii) the making of a loan,

      • (iv) the grant or extension of credit,

      • (v) the discount of an account receivable, or

      • (vi) the making, accepting, discounting or endorsing of a bill of exchange, cheque, draft or promissory note; or

    • (d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi).

  • Marginal note:Punishment

    (2) Every one who commits an offence under paragraph (1)(a)

    • (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of

      • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

      • (ii) an offence punishable on summary conviction; or

    • (b) if the value of what is obtained is not more than $5,000, is guilty

      • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

      • (ii) of an offence punishable on summary conviction.

  • Marginal note:Idem

    (3) Every person who commits an offence under paragraph (1)(b), (c) or (d) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Presumption from cheque issued without funds

    (4) Where, in proceedings under paragraph (1)(a), it is shown that anything was obtained by the accused by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were on deposit to the credit of the accused in the bank or other institution on which the cheque was drawn, it shall be presumed to have been obtained by a false pretence, unless the court is satisfied by evidence that when the accused issued the cheque he believed on reasonable grounds that it would be honoured if presented for payment within a reasonable time after it was issued.

  • Definition of cheque

    (5) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

  • R.S., 1985, c. C-46, s. 362
  • R.S., 1985, c. 27 (1st Supp.), s. 52
  • 1994, c. 44, s. 22
  • 2003, c. 21, s. 5
  • 2019, c. 25, s. 133

Marginal note:Obtaining execution of valuable security by fraud

363  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person

  • (a) to execute, make, accept, endorse or destroy the whole or any part of a valuable security, or

  • (b) to write, impress or affix a name or seal on any paper or parchment in order that it may afterwards be made or converted into or used or dealt with as a valuable security.

  • R.S., 1985, c. C-46, s. 363
  • 2019, c. 25, s. 134

Marginal note:Fraudulently obtaining food, beverage or accommodation

  • 364 (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.

  • Marginal note:Presumption

    (2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and

    • (a) made a false or fictitious show or pretence of having baggage,

    • (b) had any false or pretended baggage,

    • (c) surreptitiously removed or attempted to remove his baggage or any material part of it,

    • (d) absconded or surreptitiously left the premises,

    • (e) knowingly made a false statement to obtain credit or time for payment, or

    • (f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,

    is, in the absence of any evidence to the contrary, proof of fraud.

  • Definition of cheque

    (3) In this section, cheque includes, in addition to its ordinary meaning, a bill of exchange drawn on any institution that makes it a business practice to honour bills of exchange or any particular kind thereof drawn on it by depositors.

  • R.S., 1985, c. C-46, s. 364
  • 1994, c. 44, s. 23

365 [Repealed, 2018, c. 29, s. 41]

Forgery and Offences Resembling Forgery

Marginal note:Forgery

  • 366 (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

    • (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

    • (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

  • Marginal note:Making false document

    (2) Making a false document includes

    • (a) altering a genuine document in any material part;

    • (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

    • (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

  • Marginal note:When forgery complete

    (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.

  • Marginal note:Forgery complete though document incomplete

    (4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.

  • Marginal note:Exception

    (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.

  • R.S., 1985, c. C-46, s. 366
  • 2009, c. 28, s. 7

Marginal note:Punishment for forgery

367  Every one who commits forgery

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 367
  • 1994, c. 44, s. 24
  • 1997, c. 18, s. 24

Marginal note:Use, trafficking or possession of forged document

  • 368 (1) Everyone commits an offence who, knowing or believing that a document is forged,

    • (a) uses, deals with or acts on it as if it were genuine;

    • (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

    • (c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

    • (d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

  • Marginal note:Punishment

    (1.1) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Wherever forged

    (2) For the purposes of proceedings under this section, the place where a document was forged is not material.

  • R.S., 1985, c. C-46, s. 368
  • 1992, c. 1, s. 60(F)
  • 1997, c. 18, s. 25
  • 2009, c. 28, s. 8

Marginal note:Forgery instruments

368.1  Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, or is guilty of an offence punishable on summary conviction, who, without lawful authority or excuse, makes, repairs, buys, sells, exports from Canada, imports into Canada or possesses any instrument, device, apparatus, material or thing that they know has been used or know is adapted or intended for use by any person to commit forgery.

  • 2009, c. 28, s. 9

Marginal note:Public officers acting in the course of their duties or employment

368.2  No public officer, as defined in subsection 25.1(1), is guilty of an offence under any of sections 366 to 368.1 if the acts alleged to constitute the offence were committed by the public officer for the sole purpose of establishing or maintaining a covert identity for use in the course of the public officer's duties or employment.

  • 2009, c. 28, s. 9

Marginal note:Exchequer bill paper, public seals, etc.

369  Everyone is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful authority or excuse,

  • (a) makes, uses or possesses

    • (i) any exchequer bill paper, revenue paper or paper that is used to make bank-notes, or

    • (ii) any paper that is intended to resemble paper mentioned in subparagraph (i); or

  • (b) makes, reproduces or uses a public seal of Canada or of a province, or the seal of a public body or authority in Canada or of a court of law.

  • R.S., 1985, c. C-46, s. 369
  • 2009, c. 28, s. 9

370 [Repealed, 2018, c. 29, s. 42]

371 [Repealed, 2018, c. 29, s. 42]

Marginal note:False information

  • 372 (1) Everyone commits an offence who, with intent to injure or alarm a person, conveys information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.

  • Marginal note:Indecent communications

    (2) Everyone commits an offence who, with intent to alarm or annoy a person, makes an indecent communication to that person or to any other person by a means of telecommunication.

  • Marginal note:Harassing communications

    (3) Everyone commits an offence who, without lawful excuse and with intent to harass a person, repeatedly communicates, or causes repeated communications to be made, with them by a means of telecommunication.

  • 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 two years; or

    • (b) guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 372
  • 2014, c. 31, s. 18

373 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 53]

Marginal note:Drawing document without authority, etc.

374  Every one who

  • (a) with intent to defraud and without lawful authority makes, executes, draws, signs, accepts or endorses a document in the name or on the account of another person by procuration or otherwise, or

  • (b) makes use of or utters a document knowing that it has been made, executed, signed, accepted or endorsed with intent to defraud and without lawful authority, in the name or on the account of another person, by procuration or otherwise,

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

  • R.S., c. C-34, s. 332

Marginal note:Obtaining, etc., by instrument based on forged document

375  Every one who demands, receives or obtains anything, or causes or procures anything to be delivered or paid to any person under, on or by virtue of any instrument issued under the authority of law, knowing that it is based on a forged document, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 333

Marginal note:Counterfeiting stamp, etc.

  • 376 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who

    • (a) fraudulently uses, mutilates, affixes, removes or counterfeits a stamp or part thereof,

    • (b) knowingly and without lawful excuse has in their possession

      • (i) a counterfeit stamp or a stamp that has been fraudulently mutilated, or

      • (ii) anything bearing a stamp of which a part has been fraudulently erased, removed or concealed, or

    • (c) without lawful excuse makes or knowingly has in their possession a die or instrument that is capable of making the impression of a stamp or part of a stamp.

  • Marginal note:Counterfeiting mark

    (2) Every one who, without lawful authority,

    • (a) makes a mark,

    • (b) sells, or exposes for sale, or has in his possession a counterfeit mark,

    • (c) affixes a mark to anything that is required by law to be marked, branded, sealed or wrapped other than the thing to which the mark was originally affixed or was intended to be affixed, or

    • (d) affixes a counterfeit mark to anything that is required by law to be marked, branded, sealed or wrapped,

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

  • Marginal note:Definitions

    (3) In this section,

    mark

    mark  means a mark, brand, seal, wrapper or design used by or on behalf of

    • (a) the government of Canada or a province,

    • (b) the government of a state other than Canada, or

    • (c) any department, board, commission or agent established by a government mentioned in paragraph (a) or (b) in connection with the service or business of that government; (marque)

    stamp

    stamp  means an impressed or adhesive stamp used for the purpose of revenue by the government of Canada or a province or by the government of a state other than Canada. (timbre)

  • R.S., 1985, c. C-46, s. 376
  • 2018, c. 29, s. 43

Marginal note:Damaging documents

  • 377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully

    • (a) destroys, defaces or injures a register, or any part of a register, of births, baptisms, marriages, deaths or burials that is required or authorized by law to be kept in Canada, or a copy or any part of a copy of such a register that is required by law to be transmitted to a registrar or other officer,

    • (b) inserts or causes to be inserted in a register or copy referred to in paragraph (a) an entry, that he knows is false, of any matter relating to a birth, baptism, marriage, death or burial, or erases any material part from that register or copy,

    • (c) destroys, damages or obliterates an election document or causes an election document to be destroyed, damaged or obliterated, or

    • (d) makes or causes to be made an erasure, alteration or interlineation in or on an election document.

  • Marginal note:Definition of election document

    (2) In this section, election document means any document or writing issued under the authority of an Act of Parliament or the legislature of a province with respect to an election held pursuant to the authority of that Act.

  • R.S., 1985, c. C-46, s. 377
  • 2019, c. 25, s. 135

Marginal note:Offences in relation to registers

378  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

  • (a) being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, knowingly makes or issues a false certified copy, extract or certificate,

  • (b) not being authorized or required by law to make or issue a certified copy of, extract from or certificate in respect of a register, record or document, fraudulently makes or issues a copy, extract or certificate that purports to be certified as authorized or required by law, or

  • (c) being authorized or required by law to make a certificate or declaration concerning any particular required for the purpose of making entries in a register, record or document, knowingly and falsely makes the certificate or declaration.

  • R.S., 1985, c. C-46, s. 378
  • 2019, c. 25, s. 136

PART X Fraudulent Transactions Relating to Contracts and Trade

Interpretation

Marginal note:Definition of goods

379  In this Part, goods means anything that is the subject of trade or commerce.

  • R.S., 1985, c. C-46, s. 379
  • 2018, c. 29, s. 43.1

Fraud

Marginal note:Fraud

  • 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

    • (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or

    • (b) is guilty

      • (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

      • (ii) of an offence punishable on summary conviction,

      where the value of the subject-matter of the offence does not exceed five thousand dollars.

  • Marginal note:Minimum punishment

    (1.1) When a person is prosecuted on indictment and convicted of one or more offences referred to in subsection (1), the court that imposes the sentence shall impose a minimum punishment of imprisonment for a term of two years if the total value of the subject-matter of the offences exceeds one million dollars.

  • Marginal note:Affecting public market

    (2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 380
  • R.S., 1985, c. 27 (1st Supp.), s. 54
  • 1994, c. 44, s. 25
  • 1997, c. 18, s. 26
  • 2004, c. 3, s. 2
  • 2011, c. 6, s. 2

Marginal note:Sentencing — aggravating circumstances

  • 380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall consider the following as aggravating circumstances:

    • (a) the magnitude, complexity, duration or degree of planning of the fraud committed was significant;

    • (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market;

    • (c) the offence involved a large number of victims;

    • (c.1) the offence had a significant impact on the victims given their personal circumstances including their age, health and financial situation;

    • (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community;

    • (e) the offender did not comply with a licensing requirement, or professional standard, that is normally applicable to the activity or conduct that forms the subject-matter of the offence; and

    • (f) the offender concealed or destroyed records related to the fraud or to the disbursement of the proceeds of the fraud.

  • Marginal note:Aggravating circumstance — value of the fraud

    (1.1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 382, 382.1 or 400, it shall also consider as an aggravating circumstance the fact that the value of the fraud committed exceeded one million dollars.

  • Marginal note:Non-mitigating factors

    (2) When a court imposes a sentence for an offence referred to in section 380, 382, 382.1 or 400, it shall not consider as mitigating circumstances the offender's employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence.

  • Marginal note:Record of proceedings

    (3) The court shall cause to be stated in the record the aggravating and mitigating circumstances it took into account when determining the sentence.

  • 2004, c. 3, s. 3
  • 2011, c. 6, s. 3

Marginal note:Prohibition order

  • 380.2 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection 380(1), the court that sentences or discharges the offender, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from seeking, obtaining or continuing any employment, or becoming or being a volunteer in any capacity, that involves having authority over the real property, money or valuable security of another person.

  • Marginal note:Duration

    (2) The prohibition may be for any period that the court considers appropriate, including any period to which the offender is sentenced to imprisonment.

  • Marginal note:Court may vary order

    (3) A court that makes an order of prohibition or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances.

  • Marginal note:Offence

    (4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • 2011, c. 6, s. 4

380.3 [Repealed, 2015, c. 13, s. 11]

380.4 [Repealed, 2015, c. 13, s. 11]

Marginal note:Using mails to defraud

381  Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 381
  • 2019, c. 25, s. 137

Marginal note:Fraudulent manipulation of stock exchange transactions

382  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,

  • (a) effects a transaction in the security that involves no change in the beneficial ownership thereof,

  • (b) enters an order for the purchase of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the sale of the security has been or will be entered by or for the same or different persons, or

  • (c) enters an order for the sale of the security, knowing that an order of substantially the same size at substantially the same time and at substantially the same price for the purchase of the security has been or will be entered by or for the same or different persons.

  • R.S., 1985, c. C-46, s. 382
  • 2004, c. 3, s. 4
  • 2019, c. 25, s. 138

Marginal note:Prohibited insider trading

  • 382.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they

    • (a) possess by virtue of being a shareholder of the issuer of that security;

    • (b) possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer;

    • (c) possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer;

    • (d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or

    • (e) obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d).

  • Marginal note:Tipping

    (2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Saving

    (3) For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it.

  • Definition of inside information

    (4) In this section, inside information means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that

    • (a) has not been generally disclosed; and

    • (b) could reasonably be expected to significantly affect the market price or value of a security of the issuer.

  • 2004, c. 3, s. 5
  • 2019, c. 25, s. 139

Marginal note:Gaming in stocks or merchandise

  • 383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

    • (a) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the purchase or sale of shares of stock or goods, wares or merchandise, without the bona fide intention of acquiring the shares, goods, wares or merchandise or of selling them, as the case may be, or

    • (b) makes or signs, or authorizes to be made or signed, any contract or agreement, oral or written, purporting to be for the sale or purchase of shares of stock or goods, wares or merchandise in respect of which no delivery of the thing sold or purchased is made or received, and without the bona fide intention of making or receiving delivery thereof, as the case may be.

    This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.

  • Marginal note:Onus

    (2) Where, in proceedings under this section, it is established that the accused made or signed a contract or an agreement for the sale or purchase of shares of stock or goods, wares or merchandise, or acted, aided or abetted in the making or signing thereof, the burden of proof of a bona fide intention to acquire or to sell the shares, goods, wares or merchandise or to deliver or to receive delivery thereof, as the case may be, lies on the accused.

  • R.S., 1985, c. C-46, s. 383
  • 2019, c. 25, s. 140

Marginal note:Broker reducing stock by selling for their own account

  • 384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) 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.

  • R.S., 1985, c. C-46, s. 384
  • 2019, c. 25, s. 141

Marginal note:Fraudulent concealment of title documents

  • 385 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

    • (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or

    • (b) falsifies any pedigree on which the title depends.

  • Marginal note:Consent required

    (2) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., 1985, c. C-46, s. 385
  • 2019, c. 25, s. 142

Marginal note:Fraudulent registration of title

386  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

  • (a) makes a material false statement or representation,

  • (b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or

  • (c) is privy to anything mentioned in paragraph (a) or (b).

  • R.S., 1985, c. C-46, s. 386
  • 2019, c. 25, s. 143

Marginal note:Fraudulent sale of real property

387  Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 387
  • 2019, c. 25, s. 144

Marginal note:Misleading receipt

388  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly,

  • (a) with intent to mislead, injure or defraud any person, whether or not that person is known to him, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by him, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by him, or

  • (b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies.

  • R.S., 1985, c. C-46, s. 388
  • 2019, c. 25, s. 145

Marginal note:Fraudulent disposal of goods on which money advanced

  • 389 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

    • (a) having shipped or delivered to the keeper of a warehouse or to a factor, an agent or a carrier anything on which the consignee thereof has advanced money or has given valuable security, thereafter, with intent to deceive, defraud or injure the consignee, disposes of it in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, or

    • (b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee.

  • Marginal note:Saving

    (2) No person is guilty of an offence under this section where, before disposing of anything in a manner that is different from and inconsistent with any agreement that has been made in that behalf between him and the consignee, he pays or tenders to the consignee the full amount of money or valuable security that the consignee has advanced.

  • R.S., 1985, c. C-46, s. 389
  • 2019, c. 25, s. 146

Marginal note:Fraudulent receipts under Bank Act

390  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

  • (a) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

  • (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

  • R.S., 1985, c. C-46, s. 390
  • 2019, c. 25, s. 147

Marginal note:Trade secret

  • 391 (1) Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret.

  • Marginal note:Trade secret — prior knowledge

    (2) Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1).

  • Marginal note:Punishment

    (3) Everyone who commits an offence referred to in subsection (1) or (2) is guilty

    • (a) of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or

    • (b) of an offence punishable on summary conviction.

  • Marginal note:For greater certainty

    (4) For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering.

  • Marginal note:Definition of trade secret

    (5) For the purpose of this section, trade secret means any information that

    • (a) is not generally known in the trade or business that uses or may use that information;

    • (b) has economic value from not being generally known; and

    • (c) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

  • R.S., 1985, c. C-46, s. 391
  • 2003, c. 21, s. 6
  • 2020, c. 1, s. 37

Marginal note:Disposal of property to defraud creditors

392  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

  • (a) with intent to defraud his creditors,

    • (i) makes or causes to be made any gift, conveyance, assignment, sale, transfer or delivery of his property, or

    • (ii) removes, conceals or disposes of any of his property, or

  • (b) with intent that any one should defraud his creditors, receives any property by means of or in relation to which an offence has been committed under paragraph (a).

  • R.S., 1985, c. C-46, s. 392
  • 2019, c. 25, s. 148

Marginal note:Fraud in relation to fares, etc.

  • 393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction:

    • (a) fails to collect it,

    • (b) collects less than the proper amount payable in respect thereof, or

    • (c) accepts any valuable consideration for failing to collect it or for collecting less than the proper amount payable in respect thereof.

  • Marginal note:Idem

    (2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

    • (a) for failing to collect it, or

    • (b) for collecting an amount less than the amount payable in respect thereof.

  • Marginal note:Fraudulently obtaining transportation

    (3) Every one who, by any false pretence or fraud, unlawfully obtains transportation by land, water or air is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 393
  • 2019, c. 25, s. 149

Marginal note:Fraud in relation to valuable minerals

  • 394 (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall

    • (a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of

      • (i) any valuable minerals obtained under or reserved by the lease or licence, or

      • (ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or

    • (b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.

  • Marginal note:Sale of valuable minerals

    (2) No person, other than the owner or the owner's agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.

  • Marginal note:Purchase of valuable minerals

    (3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner's agent or someone otherwise acting under lawful authority.

  • Marginal note:Presumption

    (4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that

    • (a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner's agent or someone otherwise acting under lawful authority; and

    • (b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner's agent or someone otherwise acting under lawful authority.

  • Marginal note:Offence

    (5) A person who contravenes subsection (1), (2) or (3) 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:Forfeiture

    (6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.

  • Marginal note:Exception

    (7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.

  • R.S., 1985, c. C-46, s. 394
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1999, c. 5, s. 10
  • 2019, c. 25, s. 150

Marginal note:Possession of stolen or fraudulently obtained valuable minerals

  • 394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.

  • Marginal note:Evidence

    (2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.

  • Marginal note:Offence

    (3) A person who contravenes subsection (1) 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:Forfeiture

    (4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).

  • 1999, c. 5, s. 10
  • 2019, c. 25, s. 151

Marginal note:Search for valuable minerals

  • 395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

  • Marginal note:Execution in Canada

    (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  • Marginal note:Power to seize

    (2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order

    • (a) that it be detained for the purposes of an inquiry or a trial; or

    • (b) if it is not detained for the purposes of an inquiry or a trial,

      • (i) that it be restored to the owner, or

      • (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.

  • Marginal note:Appeal

    (3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.

  • R.S., 1985, c. C-46, s. 395
  • 1999, c. 5, s. 11
  • 2019, c. 25, s. 152

Marginal note:Offences in relation to mines

  • 396 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

    • (a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or

    • (b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation.

  • Marginal note:Presumption

    (2) For the purposes of proceedings under subsection (1), evidence that

    • (a) something has been added to or removed from anything to which subsection (1) applies, or

    • (b) anything to which subsection (1) applies has been tampered with,

    is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.

  • R.S., 1985, c. C-46, s. 396
  • 2019, c. 25, s. 153

Falsification of Books and Documents

Marginal note:Books and documents

  • 397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,

    • (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or

    • (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

  • Marginal note:Privy

    (2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) 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.

  • R.S., 1985, c. C-46, s. 397
  • 2019, c. 25, s. 154

Marginal note:Falsifying employment record

398  Every one who, with intent to deceive, falsifies an employment record by any means, including the punching of a time clock, is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 398
  • 1992, c. 1, s. 60(F)

Marginal note:False return by public officer

399  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

  • (a) any sum of money collected by him or entrusted to his care, or

  • (b) any balance of money in his hands or under his control.

  • R.S., 1985, c. C-46, s. 399
  • 2019, c. 25, s. 155

Marginal note:False prospectus, etc.

  • 400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent

    • (a) to induce persons, whether ascertained or not, to become shareholders or partners in a company,

    • (b) to deceive or defraud the members, shareholders or creditors, whether ascertained or not, of a company, or

    • (c) to induce any person to

      • (i) entrust or advance anything to a company, or

      • (ii) enter into any security for the benefit of a company.

    • (d)[Repealed, 1994, c. 44, s. 26]

  • Marginal note:Definition of company

    (2) In this section, company means a syndicate, body corporate or company, whether existing or proposed to be created.

  • R.S., 1985, c. C-46, s. 400
  • 1994, c. 44, s. 26
  • 2019, c. 25, s. 156

Marginal note:Obtaining carriage by false billing

  • 401 (1) Every one who, by means of a false or misleading representation, knowingly obtains or attempts to obtain the carriage of anything by any person into a country, province, district or other place, whether or not within Canada, where the importation or transportation of it is, in the circumstances of the case, unlawful is guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) Where a person is convicted of an offence under subsection (1), anything by means of or in relation to which the offence was committed, on such conviction, in addition to any punishment that is imposed, is forfeited to Her Majesty and shall be disposed of as the court may direct.

  • R.S., c. C-34, s. 359

402 [Repealed, 2018, c. 29, s. 44]

Identity Theft and Identity Fraud

Definition of identity information

402.1  For the purposes of sections 402.2 and 403, identity information means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver's licence number or password.

  • 2009, c. 28, s. 10

Marginal note:Identity theft

  • 402.2 (1) Every person commits an offence who obtains or possesses another person's identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Trafficking in identity information

    (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person's identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

  • Marginal note:Clarification

    (3) For the purposes of subsections (1) and (2), an indictable offence referred to in either of those subsections includes an offence under any of the following sections:

    • (a) section 57 (forgery of or uttering forged passport);

    • (b) section 58 (fraudulent use of certificate of citizenship);

    • (c) section 130 (personating peace officer);

    • (d) section 131 (perjury);

    • (e) section 342 (theft, forgery, etc., of credit card);

    • (f) section 362 (false pretence or false statement);

    • (g) section 366 (forgery);

    • (h) section 368 (use, trafficking or possession of forged document);

    • (i) section 380 (fraud); and

    • (j) section 403 (identity fraud).

  • Marginal note:Jurisdiction

    (4) An accused who is charged with an offence under subsection (1) or (2) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody. However, no proceeding in respect of the offence shall be commenced in a province without the consent of the Attorney General of that province if the offence is alleged to have been committed outside that province.

  • Marginal note:Punishment

    (5) Everyone who commits an offence under subsection (1) or (2)

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

    • (b) is guilty of an offence punishable on summary conviction.

  • 2009, c. 28, s. 10
  • 2018, c. 29, s. 45

Marginal note:Identity fraud

  • 403 (1) Everyone commits an offence who fraudulently personates another person, living or dead,

    • (a) with intent to gain advantage for themselves or another person;

    • (b) with intent to obtain any property or an interest in any property;

    • (c) with intent to cause disadvantage to the person being personated or another person; or

    • (d) with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

  • Marginal note:Clarification

    (2) For the purposes of subsection (1), personating a person includes pretending to be the person or using the person's identity information — whether by itself or in combination with identity information pertaining to any person — as if it pertains to the person using it.

  • Marginal note:Punishment

    (3) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 403
  • 1994, c. 44, s. 27
  • 2009, c. 28, s. 10

404 [Repealed, 2018, c. 29, s. 46]

Marginal note:Acknowledging instrument in false name

405  Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act 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.

  • R.S., 1985, c. C-46, s. 405
  • 2018, c. 29, s. 46
  • 2019, c. 25, s. 157

Forgery of Trademarks and Trade Descriptions

Marginal note:Forging trademark

406  For the purposes of this Part, every one forges a trademark who

  • (a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or

  • (b) falsifies, in any manner, a genuine trademark.

  • R.S., 1985, c. C-46, s. 406
  • 2014, c. 20, s. 366(E)

Marginal note:Offence

407  Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark.

  • R.S., 1985, c. C-46, s. 407
  • 2014, c. 20, s. 366(E)

Marginal note:Passing off

408  Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not,

  • (a) passes off other wares or services as and for those ordered or required; or

  • (b) makes use, in association with wares or services, of any description that is false in a material respect regarding

    • (i) the kind, quality, quantity or composition,

    • (ii) the geographical origin, or

    • (iii) the mode of the manufacture, production or performance

    of those wares or services.

  • R.S., 1985, c. C-46, s. 408
  • 1992, c. 1, s. 60(F)

Marginal note:Instruments for forging trademark

  • 409 (1) Every one commits an offence who makes, has in his possession or disposes of a die, block, machine or other instrument designed or intended to be used in forging a trademark.

  • Marginal note:Saving

    (2) No person shall be convicted of an offence under this section where he proves that he acted in good faith in the ordinary course of his business or employment.

  • R.S., 1985, c. C-46, s. 409
  • 2014, c. 20, s. 366(E)

Marginal note:Other offences in relation to trademarks

410  Every one commits an offence who, with intent to deceive or defraud,

  • (a) defaces, conceals or removes a trademark or the name of another person from anything without the consent of that other person; or

  • (b) being a manufacturer, dealer, trader or bottler, fills any bottle or siphon that bears the trademark or name of another person, without the consent of that other person, with a beverage, milk, by-product of milk or other liquid commodity for the purpose of sale or traffic.

  • R.S., 1985, c. C-46, s. 410
  • 2014, c. 20, s. 366(E)

Marginal note:Used goods sold without disclosure

411  Every one commits an offence who sells, exposes or has in his possession for sale, or advertises for sale, goods that have been used, reconditioned or remade and that bear the trademark or the trade-name of another person, without making full disclosure that the goods have been reconditioned, rebuilt or remade for sale and that they are not then in the condition in which they were originally made or produced.

  • R.S., 1985, c. C-46, s. 411
  • 2014, c. 20, s. 366(E)

Marginal note:Punishment

  • 412 (1) Every one who commits an offence under section 407, 408, 409, 410 or 411 is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (2) Anything by means of or in relation to which a person commits an offence under section 407, 408, 409, 410 or 411 is, unless the court otherwise orders, forfeited on the conviction of that person for that offence.

  • R.S., c. C-34, s. 370

413 [Repealed, 2018, c. 29, s. 47]

Marginal note:Presumption from port of shipment

414  Where, in proceedings under this Part, the alleged offence relates to imported goods, evidence that the goods were shipped to Canada from a place outside Canada is, in the absence of any evidence to the contrary, proof that the goods were made or produced in the country from which they were shipped.

  • R.S., c. C-34, s. 372

Wreck

Marginal note:Offences in relation to wreck

415  Every one who

  • (a) secretes wreck, defaces or obliterates the marks on wreck or uses any means to disguise or conceal the fact that anything is wreck, or in any manner conceals the character of wreck, from a person who is entitled to inquire into the wreck,

  • (b) receives wreck, knowing that it is wreck, from a person other than the owner thereof or a receiver of wreck, and does not within forty-eight hours thereafter inform the receiver of wreck thereof,

  • (c) offers wreck for sale or otherwise deals with it, knowing that it is wreck, and not having a lawful authority to sell or deal with it,

  • (d) keeps wreck in his possession knowing that it is wreck, without lawful authority to keep it, for any time longer than the time reasonably necessary to deliver it to the receiver of wreck, or

  • (e) boards, against the will of the master, a vessel that is wrecked, stranded or in distress unless he is a receiver of wreck or a person acting under orders of a receiver of wreck,

is guilty of

  • (f) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

  • (g) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 373

Public Stores

Marginal note:Distinguishing mark on public stores

416  The Governor in Council may, by notice to be published in the Canada Gazette, prescribe distinguishing marks that are appropriated for use on public stores to denote the property of Her Majesty therein, whether the stores belong to Her Majesty in right of Canada or to Her Majesty in any other right.

  • R.S., c. C-34, s. 374

Marginal note:Applying or removing marks without authority

  • 417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

    • (a) without lawful authority applies a distinguishing mark to anything, or

    • (b) with intent to conceal the property of Her Majesty in public stores, removes, destroys or obliterates, in whole or in part, a distinguishing mark.

  • Marginal note:Unlawful transactions in public stores

    (2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of distinguishing mark

    (3) For the purposes of this section, distinguishing mark means a distinguishing mark that is appropriated for use on public stores pursuant to section 416.

  • R.S., 1985, c. C-46, s. 417
  • 2018, c. 29, s. 48
  • 2019, c. 25, s. 158

Marginal note:Selling defective stores to Her Majesty

  • 418 (1) Every one who knowingly sells or delivers defective stores to Her Majesty or commits fraud in connection with the sale, lease or delivery of stores to Her Majesty or the manufacture of stores for Her Majesty is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Offences by representatives

    (2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1),

    • (a) knowingly takes part in the fraud, or

    • (b) knows or has reason to suspect that the fraud is being committed or has been or is about to be committed and does not inform the responsible government, or a department thereof, of Her Majesty,

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

  • R.S., 1985, c. C-46, s. 418
  • 2003, c. 21, s. 6.1

Marginal note:Unlawful use of military uniforms or certificates

419  Every person is guilty of an offence punishable on summary conviction who, without lawful authority,

  • (a) wears a uniform of the Canadian Forces or any other naval, army or air force or a uniform that is so similar to the uniform of any of those forces that it is likely to be mistaken therefor,

  • (b) wears a distinctive mark relating to wounds received or service performed in war, or a military medal, ribbon, badge, chevron or any decoration or order that is awarded for war services, or any imitation thereof, or any mark or device or thing that is likely to be mistaken for any such mark, medal, ribbon, badge, chevron, decoration or order,

  • (c) has in his possession a certificate of discharge, certificate of release, statement of service or identity card from the Canadian Forces or any other naval, army or air force that has not been issued to and does not belong to him, or

  • (d) has in his possession a commission or warrant or a certificate of discharge, certificate of release, statement of service or identity card, issued to an officer or a person in or who has been in the Canadian Forces or any other naval, army or air force, that contains any alteration that is not verified by the initials of the officer who issued it, or by the initials of an officer thereto lawfully authorized.

  • R.S., 1985, c. C-46, s. 419
  • 2018, c. 29, s. 49

Marginal note:Military stores

  • 420 (1) Every one who buys, receives or detains from a member of the Canadian Forces or a deserter or an absentee without leave therefrom any military stores that are owned by Her Majesty or for which the member, deserter or absentee without leave is accountable to Her Majesty is guilty of

    • (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Exception

    (2) No person shall be convicted of an offence under this section where he establishes that he did not know and had no reason to suspect that the military stores in respect of which the offence was committed were owned by Her Majesty or were military stores for which the member, deserter or absentee without leave was accountable to Her Majesty.

  • R.S., c. C-34, s. 378

Marginal note:Evidence of enlistment

  • 421 (1) In proceedings under sections 417 to 420, evidence that a person was at any time performing duties in the Canadian Forces is, in the absence of any evidence to the contrary, proof that his enrolment in the Canadian Forces prior to that time was regular.

  • Marginal note:Presumption when accused a dealer in stores

    (2) An accused who is charged with an offence under subsection 417(2) shall be presumed to have known that the stores in respect of which the offence is alleged to have been committed bore a distinguishing mark within the meaning of that subsection at the time the offence is alleged to have been committed if he was, at that time, in the service or employment of Her Majesty or was a dealer in marine stores or in old metals.

  • R.S., c. C-34, s. 379

Breach of Contract, Intimidation and Discrimination Against Trade Unionists

Marginal note:Criminal breach of contract

  • 422 (1) Every one who wilfully breaks a contract, knowing or having reasonable cause to believe that the probable consequences of doing so, whether alone or in combination with others, will be

    • (a) to endanger human life,

    • (b) to cause serious bodily injury,

    • (c) to expose valuable property, real or personal, to destruction or serious injury,

    • (d) to deprive the inhabitants of a city or place, or part thereof, wholly or to a great extent, of their supply of light, power, gas or water, or

    • (e) to delay or prevent the running of any locomotive engine, tender, freight or passenger train or car, on a railway that is a common carrier,

    is guilty of

    • (f) an indictable offence and is liable to imprisonment for a term not exceeding five years, or

    • (g) an offence punishable on summary conviction.

  • Marginal note:Saving

    (2) No person wilfully breaks a contract within the meaning of subsection (1) by reason only that

    • (a) being the employee of an employer, he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment, or,

    • (b) being a member of an organization of employees formed for the purpose of regulating relations between employers and employees, he stops work as a result of the failure of the employer and a bargaining agent acting on behalf of the organization to agree on any matter relating to the employment of members of the organization,

    if, before the stoppage of work occurs, all steps provided by law with respect to the settlement of industrial disputes are taken and any provision for the final settlement of differences, without stoppage of work, contained in or by law deemed to be contained in a collective agreement is complied with and effect given thereto.

  • Marginal note:Consent required

    (3) No proceedings shall be instituted under this section without the consent of the Attorney General.

  • R.S., c. C-34, s. 380

Marginal note:Intimidation

  • 423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,

    • (a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person's property;

    • (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;

    • (c) persistently follows that person;

    • (d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;

    • (e) with one or more other persons, follows that person, in a disorderly manner, on a highway;

    • (f) besets or watches the place where that person resides, works, carries on business or happens to be; or

    • (g) blocks or obstructs a highway.

  • Marginal note:Exception

    (2) A person who attends at or near or approaches a dwelling-house or place, for the purpose only of obtaining or communicating information, does not watch or beset within the meaning of this section.

  • R.S., 1985, c. C-46, s. 423
  • 2000, c. 12, s. 95
  • 2001, c. 32, s. 10
  • 2019, c. 25, s. 159

Marginal note:Intimidation of a justice system participant or a journalist

  • 423.1 (1) No person shall, without lawful authority, engage in any conduct with the intent to provoke a state of fear in

    • (a) a group of persons or the general public in order to impede the administration of criminal justice;

    • (b) a justice system participant in order to impede him or her in the performance of his or her duties; or

    • (c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.

  • (2)[Repealed, 2015, c. 13, s. 12]

  • Marginal note:Punishment

    (3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.

  • 2001, c. 32, s. 11
  • 2015, c. 13, s. 12

Marginal note:Threat against internationally protected person

424  Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 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.

  • R.S., 1985, c. C-46, s. 424
  • R.S., 1985, c. 27 (1st Supp.), s. 55
  • 2001, c. 41, s. 11
  • 2019, c. 25, s. 160

Marginal note:Threat against United Nations or associated personnel

424.1  Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) an offence punishable on summary conviction.

  • 2001, c. 41, s. 11
  • 2019, c. 25, s. 160

Marginal note:Offences by employers

425  Every one who, being an employer or the agent of an employer, wrongfully and without lawful authority

  • (a) refuses to employ or dismisses from his employment any person for the reason only that the person is a member of a lawful trade union or of a lawful association or combination of workmen or employees formed for the purpose of advancing, in a lawful manner, their interests and organized for their protection in the regulation of wages and conditions of work,

  • (b) seeks by intimidation, threat of loss of position or employment, or by causing actual loss of position or employment, or by threatening or imposing any pecuniary penalty, to compel workmen or employees to abstain from belonging to any trade union, association or combination to which they have a lawful right to belong, or

  • (c) conspires, combines, agrees or arranges with any other employer or his agent to do anything mentioned in paragraph (a) or (b),

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 382

Marginal note:Threats and retaliation against employees

  • 425.1 (1) No employer or person acting on behalf of an employer or in a position of authority in respect of an employee of the employer shall take a disciplinary measure against, demote, terminate or otherwise adversely affect the employment of such an employee, or threaten to do so,

    • (a) with the intent to compel the employee to abstain from providing information to a person whose duties include the enforcement of federal or provincial law, respecting an offence that the employee believes has been or is being committed contrary to this or any other federal or provincial Act or regulation by the employer or an officer or employee of the employer or, if the employer is a corporation, by one or more of its directors; or

    • (b) with the intent to retaliate against the employee because the employee has provided information referred to in paragraph (a) to a person whose duties include the enforcement of federal or provincial law.

  • Marginal note:Punishment

    (2) Any one who contravenes subsection (1) is guilty of

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

    • (b) an offence punishable on summary conviction.

  • 2004, c. 3, s. 6

Secret Commissions

Marginal note:Secret commissions

  • 426 (1) Every one commits an offence who

    • (a) directly or indirectly, corruptly gives, offers or agrees to give or offer to an agent or to anyone for the benefit of the agent — or, being an agent, directly or indirectly, corruptly demands, accepts or offers or agrees to accept from any person, for themselves or another person — any reward, advantage or benefit of any kind as consideration for doing or not doing, or for having done or not done, any act relating to the affairs or business of the agent's principal, or for showing or not showing favour or disfavour to any person with relation to the affairs or business of the agent's principal; or

    • (b) with intent to deceive a principal, gives to an agent of that principal, or, being an agent, uses with intent to deceive his principal, a receipt, an account or other writing

      • (i) in which the principal has an interest,

      • (ii) that contains any statement that is false or erroneous or defective in any material particular, and

      • (iii) that is intended to mislead the principal.

  • Marginal note:Privity to offence

    (2) Every one commits an offence who is knowingly privy to the commission of an offence under subsection (1).

  • Marginal note:Punishment

    (3) A person who commits an offence under this section 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.

  • Definition of agent and principal

    (4) In this section, agent includes an employee, and principal includes an employer.

  • R.S., 1985, c. C-46, s. 426
  • R.S., 1985, c. 27 (1st Supp.), s. 56
  • 2007, c. 13, s. 7
  • 2019, c. 25, s. 161

427 [Repealed, 2018, c. 29, s. 50]

PART XI Wilful and Forbidden Acts in Respect of Certain Property

Interpretation

Definition of property

428  In this Part, property means real or personal corporeal property.

  • R.S., c. C-34, s. 385

Marginal note:Wilfully causing event to occur

  • 429 (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.

  • Marginal note:Colour of right

    (2) A person shall not be convicted of an offence under sections 430 to 446 if they act with legal justification or excuse or colour of right.

  • Marginal note:Interest

    (3) Where it is an offence to destroy or to damage anything,

    • (a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and

    • (b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.

  • R.S., 1985, c. C-46, s. 429
  • 2018, c. 29, s. 51

Mischief

Marginal note:Mischief

  • 430 (1) Every one commits mischief who wilfully

    • (a) destroys or damages property;

    • (b) renders property dangerous, useless, inoperative or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

  • Marginal note:Mischief in relation to computer data

    (1.1) Everyone commits mischief who wilfully

    • (a) destroys or alters computer data;

    • (b) renders computer data meaningless, useless or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

  • Marginal note:Punishment

    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Punishment

    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Mischief relating to religious property, educational institutions, etc.

    (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Definition of property

    (4.101) For the purposes of subsection (4.1), property means

    • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;

    • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;

    • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or

    • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.

  • Marginal note:Mischief relating to war memorials

    (4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

    • (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

      • (i) for a first offence, to a fine of not less than $1,000,

      • (ii) for a second offence, to imprisonment for not less than 14 days, and

      • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

    • (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

    • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

  • Marginal note:Mischief in relation to cultural property

    (4.2) Every one who commits mischief in relation to cultural property as defined in Article 1 of the Convention for the Protection of Cultural Property in the Event of Armed Conflict, done at The Hague on May 14, 1954, as set out in the schedule to the Cultural Property Export and Import Act,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Mischief in relation to computer data

    (5) Everyone who commits mischief in relation to computer data

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence

    (5.1) Everyone who wilfully does an act or wilfully omits to do an act that it is their duty to do, if that act or omission is likely to constitute mischief causing actual danger to life, or to constitute mischief in relation to property or computer data,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Saving

    (6) No person commits mischief within the meaning of this section by reason only that

    • (a) he stops work as a result of the failure of his employer and himself to agree on any matter relating to his employment;

    • (b) he stops work as a result of the failure of his employer and a bargaining agent acting on his behalf to agree on any matter relating to his employment; or

    • (c) he stops work as a result of his taking part in a combination of workmen or employees for their own reasonable protection as workmen or employees.

  • Marginal note:Idem

    (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

  • Marginal note:Definition of computer data

    (8) In this section, computer data has the same meaning as in subsection 342.1(2).

  • R.S., 1985, c. C-46, s. 430
  • R.S., 1985, c. 27 (1st Supp.), s. 57
  • 1994, c. 44, s. 28
  • 2001, c. 41, s. 12
  • 2005, c. 40, s. 3
  • 2014, c. 9, s. 1, c. 31, s. 19
  • 2017, c. 23, ss. 1, 2
  • 2019, c. 25, s. 162

Marginal note:Attack on premises, residence or transport of internationally protected person

431  Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

  • R.S., 1985, c. C-46, s. 431
  • R.S., 1985, c. 27 (1st Supp.), s. 58
  • 2001, c. 41, s. 13

Marginal note:Attack on premises, accommodation or transport of United Nations or associated personnel

431.1  Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

  • 2001, c. 41, s. 13

Marginal note:Definitions

  • 431.2 (1) The following definitions apply in this section.

    explosive or other lethal device

    explosive or other lethal device  means

    • (a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or

    • (b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material. (engin explosif ou autre engin meurtrier)

    infrastructure facility

    infrastructure facility  means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications. (infrastructure)

    military forces of a state

    military forces of a state  means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility. (forces armées d'un État)

    place of public use

    place of public use  means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis. (lieu public)

    public transportation system

    public transportation system  means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo. (système de transport public)

  • Marginal note:Explosive or other lethal device

    (2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Armed forces

    (3) For greater certainty, subsection (2) does not apply to 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 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.

  • 2001, c. 41, s. 13

Marginal note:Unauthorized recording of a movie

  • 432 (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Unauthorized recording for purpose of sale, etc.

    (2) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of the sale, rental or other commercial distribution of a copy of the cinematographic work

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

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Forfeiture

    (3) In addition to any punishment that is imposed on a person who is convicted of an offence under this section, the court may order that anything that is used in the commission of the offence be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is forfeited may be disposed of as the Attorney General directs.

  • Marginal note:Forfeiture — limitation

    (4) No order may be made under subsection (3) in respect of anything that is the property of a person who is not a party to the offence.

  • R.S., 1985, c. C-46, s. 432
  • R.S., 1985, c. 27 (1st Supp.), s. 58
  • 2007, c. 28, s. 1

Arson and Other Fires

Marginal note:Arson — disregard for human life

433  Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

  • (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

  • (b) the fire or explosion causes bodily harm to another person.

  • R.S., 1985, c. C-46, s. 433
  • 1990, c. 15, s. 1

Marginal note:Arson — damage to property

434  Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., 1985, c. C-46, s. 434
  • 1990, c. 15, s. 1

Marginal note:Arson — own property

434.1  Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.

  • 1990, c. 15, s. 1

Marginal note:Arson for fraudulent purpose

  • 435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Holder or beneficiary of fire insurance policy

    (2) Where a person is charged with an offence under subsection (1), the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.

  • R.S., 1985, c. C-46, s. 435
  • 1990, c. 15, s. 1
  • 2019, c. 25, s. 163

Marginal note:Arson by negligence

  • 436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property 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:Non-compliance with prevention laws

    (2) Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

  • R.S., 1985, c. C-46, s. 436
  • 1990, c. 15, s. 1
  • 2019, c. 25, s. 164

Marginal note:Possession of incendiary material

436.1  Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 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.

  • 1990, c. 15, s. 1
  • 2019, c. 25, s. 165

Other Interference with Property

Marginal note:False alarm of fire

437  Every one who wilfully, without reasonable cause, by outcry, ringing bells, using a fire alarm, telephone or telegraph, or in any other manner, makes or circulates or causes to be made or circulated an alarm of fire is guilty of

  • (a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., c. C-34, s. 393
  • 1972, c. 13, s. 31

Marginal note:Interfering with saving of wrecked vessel

  • 438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,

    • (a) the saving of a vessel that is wrecked, stranded, abandoned or in distress, or

    • (b) a person who attempts to save a vessel that is wrecked, stranded, abandoned or in distress.

  • Marginal note:Interfering with saving of wreck

    (2) Every one who wilfully prevents or impedes or wilfully endeavours to prevent or impede the saving of wreck is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 438
  • 2019, c. 25, s. 166

Marginal note:Interfering with marine signal, etc.

  • 439 (1) Every one who makes fast a vessel or boat to a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an offence punishable on summary conviction.

  • Marginal note:Idem

    (2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 439
  • 2019, c. 25, s. 167

Marginal note:Removing natural bar without permission

440  Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 440
  • 2019, c. 25, s. 168

Marginal note:Occupant injuring building

441  Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable property permanently attached or joined to the immovable property, 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.

  • R.S., 1985, c. C-46, s. 441
  • 2019, c. 25, s. 168

Marginal note:Interfering with boundary lines

442  Every one who wilfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 398

Marginal note:Interfering with international boundary marks, etc.

  • 443 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes

    • (a) a boundary mark lawfully placed to mark any international, provincial, county or municipal boundary, or

    • (b) a boundary mark lawfully placed by a land surveyor to mark any limit, boundary or angle of a concession, range, lot or parcel of land.

  • Marginal note:Saving provision

    (2) A land surveyor does not commit an offence under subsection (1) where, in his operations as a land surveyor,

    • (a) he takes up, when necessary, a boundary mark mentioned in paragraph (1)(b) and carefully replaces it as it was before he took it up; or

    • (b) he takes up a boundary mark mentioned in paragraph (1)(b) in the course of surveying for a highway or other work that, when completed, will make it impossible or impracticable for that boundary mark to occupy its original position, and he establishes a permanent record of the original position sufficient to permit that position to be ascertained.

  • R.S., 1985, c. C-46, s. 443
  • 2019, c. 25, s. 169

Animals

444 [Repealed, 2018, c. 29, s. 52]

Marginal note:Injuring or endangering other animals

  • 445 (1) Every one commits an offence who, wilfully and without lawful excuse,

    • (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are kept for a lawful purpose; or

    • (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are kept for a lawful purpose.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) 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 and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • R.S., 1985, c. C-46, s. 445
  • 2008, c. 12, s. 1
  • 2018, c. 29, s. 53
  • 2019, c. 25, s. 170

Marginal note:Killing or injuring certain animals

  • 445.01 (1) Every one commits an offence who, wilfully and without lawful excuse, kills, maims, wounds, poisons or injures a law enforcement animal while it is aiding a law enforcement officer in carrying out that officer's duties, a military animal while it is aiding a member of the Canadian Forces in carrying out that member's duties or a service animal.

  • Marginal note:Punishment

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

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years and, if a law enforcement animal is killed in the commission of the offence, to a minimum punishment of imprisonment for a term of six months; or

    • (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Sentences to be served consecutively

    (3) A sentence imposed on a person for an offence under subsection (1) committed against a law enforcement animal 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.

  • Marginal note:Definitions

    (4) The following definitions apply in this section.

    law enforcement animal

    law enforcement animal  means a dog or horse that is trained to aid a law enforcement officer in carrying out that officer's duties. (animal d'assistance policière)

    law enforcement officer

    law enforcement officer  means a police officer, a police constable or any person referred to in paragraph (b), (c.1), (d), (d.1), (e) or (g) of the definition peace officer  in section 2. (agent de contrôle d'application de la loi)

    military animal

    military animal  means an animal that is trained to aid a member of the Canadian Forces in carrying out that member's duties. (animal d'assistance militaire)

    service animal

    service animal  means an animal that is required by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal institution to assist a person with a disability. (animal d'assistance)

  • 2015, c. 34, s. 3
  • 2019, c. 25, s. 171

Cruelty to Animals

Marginal note:Causing unnecessary suffering

  • 445.1 (1) Every one commits an offence who

    • (a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;

    • (b) in any manner encourages, aids, promotes, arranges, assists at, receives money for or takes part in

      • (i) the fighting or baiting of animals or birds, or

      • (ii) the training, transporting or breeding of animals or birds for the purposes of subparagraph (i);

    • (c) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;

    • (d) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or

    • (e) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (d).

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) 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 and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Failure to exercise reasonable care as evidence

    (3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering or injury was caused or was permitted to be caused wilfully, as the case may be.

  • Marginal note:Presence at baiting as evidence

    (4) For the purpose of proceedings under paragraph (1)(b), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he or she encouraged, aided or assisted at the fighting or baiting.

  • 2008, c. 12, s. 1
  • 2019, c. 17, s. 2
  • 2019, c. 25, s. 172

Marginal note:Definition of cetacean

  • 445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.

  • Marginal note:Offence

    (2) Subject to subsections (2.1) to (3.1), every person commits an offence who

    • (a) owns, has the custody of or controls a cetacean that is kept in captivity;

    • (b) breeds or impregnates a cetacean; or

    • (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.

  • Marginal note:Exception — gestation

    (2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.

  • Marginal note:Exception — offspring

    (2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.

  • Marginal note:Exception

    (3) Paragraph (2)(a) does not apply to a person who

    • (a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;

    • (b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or

    • (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean's welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Exception

    (3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Exception — authorization

    (4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.

  • Marginal note:Punishment

    (5) Every one who commits an offence under subsection (2) or (4) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.

  • 2019, c. 11, s. 2
  • 2019, c. 14, s. 58.3

Marginal note:Causing damage or injury

  • 446 (1) Every one commits an offence who

    • (a) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed; or

    • (b) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it.

  • Marginal note:Punishment

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

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Failure to exercise reasonable care as evidence

    (3) For the purposes of proceedings under paragraph (1)(a), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it damage or injury is, in the absence of any evidence to the contrary, proof that the damage or injury was caused by wilful neglect.

  • R.S., 1985, c. C-46, s. 446
  • 2008, c. 12, s. 1
  • 2019, c. 25, s. 173

Marginal note:Arena for animal fighting

  • 447 (1) Everyone commits an offence who builds, makes, maintains or keeps an arena for animal fighting on premises that he or she owns or occupies, or allows such an arena to be built, made, maintained or kept on such premises.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1) 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 and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • (3)[Repealed, 2019, c. 17, s. 3]

  • R.S., 1985, c. C-46, s. 447
  • 2008, c. 12, s. 1
  • 2019, c. 17, s. 3
  • 2019, c. 25, s. 174

Marginal note:Order of prohibition or restitution

  • 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2),

    • (a) make an order prohibiting the accused from owning, having the custody or control of or residing in the same premises as an animal or a bird during any period that the court considers appropriate but, in the case of a second or subsequent offence, for a minimum of five years; and

    • (b) on application of the Attorney General or on its own motion, order that the accused pay to a person or an organization that has taken care of an animal or a bird as a result of the commission of the offence the reasonable costs that the person or organization incurred in respect of the animal or bird, if the costs are readily ascertainable.

  • Marginal note:Breach of order

    (2) Every one who contravenes an order made under paragraph (1)(a) is guilty of an offence punishable on summary conviction.

  • Marginal note:Application

    (3) Sections 740 to 741.2 apply, with any modifications that the circumstances require, to orders made under paragraph (1)(b).

  • 2008, c. 12, s. 1
  • 2018, c. 29, s. 54

PART XII Offences Relating to Currency

Interpretation

Marginal note:Definitions

448  In this Part,

counterfeit money

counterfeit money  includes

  • (a) a false coin or false paper money that resembles or is apparently intended to resemble or pass for a current coin or current paper money,

  • (b) a forged bank-note or forged blank bank-note, whether complete or incomplete,

  • (c) a genuine coin or genuine paper money that is prepared or altered to resemble or pass for a current coin or current paper money of a higher denomination,

  • (d) a current coin from which the milling is removed by filing or cutting the edges and on which new milling is made to restore its appearance,

  • (e) a coin cased with gold, silver or nickel, as the case may be, that is intended to resemble or pass for a current gold, silver or nickel coin, and

  • (f) a coin or a piece of metal or mixed metals that is washed or coloured by any means with a wash or material capable of producing the appearance of gold, silver or nickel and that is intended to resemble or pass for a current gold, silver or nickel coin; (monnaie contrefaite)

counterfeit token of value

counterfeit token of value  means a counterfeit excise stamp, postage stamp or other evidence of value, by whatever technical, trivial or deceptive designation it may be described, and includes genuine coin or paper money that has no value as money; (symbole de valeur contrefait)

current

current  means lawfully current in Canada or elsewhere by virtue of a law, proclamation or regulation in force in Canada or elsewhere as the case may be; (courant)

utter

utter  includes sell, pay, tender and put off. (mettre en circulation)

  • R.S., c. C-34, s. 406

Making

Marginal note:Making

449  Every one who makes or begins to make counterfeit money is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • R.S., c. C-34, s. 407

Possession

Marginal note:Possession, etc., of counterfeit money

450  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,

  • (a) buys, receives or offers to buy or receive counterfeit money;

  • (b) has in their custody or possession counterfeit money; or

  • (c) introduces counterfeit money into Canada.

  • R.S., 1985, c. C-46, s. 450
  • 2018, c. 29, s. 55

Marginal note:Having clippings, etc.

451  Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, 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.

  • R.S., 1985, c. C-46, s. 451
  • 2018, c. 29, s. 56
  • 2019, c. 25, s. 175

Uttering

Marginal note:Uttering, etc., counterfeit money

452  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse,

  • (a) utters or offers to utter counterfeit money or uses counterfeit money as if it were genuine, or

  • (b) exports, sends or takes counterfeit money out of Canada.

  • R.S., 1985, c. C-46, s. 452
  • 2018, c. 29, s. 57

Marginal note:Uttering coin

453  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, with intent to defraud, knowingly utters

  • (a) a coin that is not current, or

  • (b) a piece of metal or mixed metals that resembles in size, figure or colour a current coin for which it is uttered.

  • R.S., 1985, c. C-46, s. 453
  • 2019, c. 25, s. 176

Marginal note:Slugs and tokens

454  Every person is guilty of an offence punishable on summary conviction who, without lawful excuse, manufactures, produces, sells or has in their possession anything that is intended to be fraudulently used in substitution for a coin or token of value that any coin or token-operated device is designed to receive.

  • R.S., 1985, c. C-46, s. 454
  • 2018, c. 29, s. 58

Defacing or Impairing

Marginal note:Clipping and uttering clipped coin

455  Every one who

  • (a) impairs, diminishes or lightens a current gold or silver coin with intent that it should pass for a current gold or silver coin, or

  • (b) utters a coin knowing that it has been impaired, diminished or lightened contrary to paragraph (a),

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

  • R.S., c. C-34, s. 413

Marginal note:Defacing current coins

456  Every one who

  • (a) defaces a current coin, or

  • (b) utters a current coin that has been defaced,

is guilty of an offence punishable on summary conviction.

  • R.S., c. C-34, s. 414

Marginal note:Likeness of bank-notes

  • 457 (1) No person shall make, publish, print, execute, issue, distribute or circulate, including by electronic or computer-assisted means, anything in the likeness of

    • (a) a current bank-note; or

    • (b) an obligation or a security of a government or bank.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to

    • (a) the Bank of Canada or its employees when they are carrying out their duties;

    • (b) the Royal Canadian Mounted Police or its members or employees when they are carrying out their duties; or

    • (c) any person acting under a contract or licence from the Bank of Canada or Royal Canadian Mounted Police.

  • Marginal note:Offence

    (3) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.

  • Marginal note:Defence

    (4) No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and

    • (a) the likeness is in black-and-white only; or

    • (b) the likeness of the bank-note appears on only one side of the likeness.

  • R.S., 1985, c. C-46, s. 457
  • 1999, c. 5, s. 12

Instruments or Materials

Marginal note:Making, having or dealing in instruments for counterfeiting

458  Every person who, without lawful justification or excuse, makes, repairs, buys, sells or has in their custody or possession any machine, engine, tool, instrument, material or other thing that they know has been used or is adapted and intended for use in making counterfeit money or counterfeit tokens of value, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

  • R.S., 1985, c. C-46, s. 458
  • 2018, c. 29, s. 59

Marginal note:Conveying instruments for coining out of mint

459  Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who, without lawful justification or excuse, knowingly conveys out of any of Her Majesty's mints in Canada,

  • (a) any machine, engine, tool, instrument, material or thing used or employed in connection with the manufacture of coins,

  • (b) a useful part of anything mentioned in paragraph (a), or

  • (c) coin, bullion, metal or a mixture of metals.

  • R.S., 1985, c. C-46, s. 459
  • 2018, c. 29, s. 60

Advertising and Trafficking in Counterfeit Money or Counterfeit Tokens of Value

Marginal note:Advertising and dealing in counterfeit money, etc.

  • 460 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

    • (a) by an advertisement or any other writing, offers to sell, procure or dispose of counterfeit money or counterfeit tokens of value or to give information with respect to the manner in which or the means by which counterfeit money or counterfeit tokens of value may be sold, procured or disposed of, or

    • (b) purchases, obtains, negotiates or otherwise deals with counterfeit tokens of value, or offers to negotiate with a view to purchasing or obtaining them.

  • Marginal note:Fraudulent use of money genuine but valueless

    (2) No person shall be convicted of an offence under subsection (1) in respect of genuine coin or genuine paper money that has no value as money unless, at the time when the offence is alleged to have been committed, he knew that the coin or paper money had no value as money and he had a fraudulent intent in his dealings with or with respect to the coin or paper money.

  • R.S., 1985, c. C-46, s. 460
  • 2019, c. 25, s. 177

Special Provisions as to Proof

Marginal note:When counterfeit complete

  • 461 (1) Every offence relating to counterfeit money or counterfeit tokens of value shall be deemed to be complete notwithstanding that the money or tokens of value in respect of which the proceedings are taken are not finished or perfected or do not copy exactly the money or tokens of value that they are apparently intended to resemble or for which they are apparently intended to pass.

  • Marginal note:Certificate of examiner of counterfeit

    (2) In any proceedings under this Part, a certificate signed by a person designated as an examiner of counterfeit by the Minister of Public Safety and Emergency Preparedness, stating that any coin, paper money or bank-note described therein is counterfeit money or that any coin, paper money or bank-note described therein is genuine and is or is not, as the case may be, current in Canada or elsewhere, is evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be received in evidence unless the party intending to produce it has, before the trial, given to the other party reasonable notice of their intention and a copy of the certificate.

  • Marginal note:Attendance and cross-examination

    (4) A party against whom the certificate is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • R.S., 1985, c. C-46, s. 461
  • 1992, c. 1, s. 58
  • 2005, c. 10, s. 34
  • 2018, c. 21, s. 17

Forfeiture

Marginal note:Ownership

  • 462 (1) Counterfeit money, counterfeit tokens of value and anything that is used or is intended to be used to make counterfeit money or counterfeit tokens of value belong to Her Majesty.

  • Marginal note:Seizure

    (2) A peace officer may seize and detain

    • (a) counterfeit money,

    • (b) counterfeit tokens of value, and

    • (c) machines, engines, tools, instruments, materials or things that have been used or that have been adapted and are intended for use in making counterfeit money or counterfeit tokens of value,

    and anything seized shall be sent to the Minister of Finance to be disposed of or dealt with as he may direct, but anything that is required as evidence in any proceedings shall not be sent to the Minister until it is no longer required in those proceedings.

  • R.S., c. C-34, s. 420

PART XII.1 [Repealed, 2018, c. 16, s. 211]

462.1 [Repealed, 2018, c. 16, s. 211]

462.2 [Repealed, 2018, c. 16, s. 211]

PART XII.2 Proceeds of Crime

Interpretation

Marginal note:Definitions

  • 462.3 (1) In this Part,

    designated drug offence

    designated drug offence [Repealed, 1996, c. 19, s. 68]

    designated offence

    designated offence  means

    • (a) any offence that may be prosecuted as an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction désignée)

    designated substance offence

    designated substance offence [Repealed, 2001, c. 32, s. 12]

    enterprise crime offence

    enterprise crime offence [Repealed, 2001, c. 32, s. 12]

    judge

    judge  means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction; (juge)

    proceeds of crime

    proceeds of crime  means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence, or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence. (produits de la criminalité)

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition designated offence in subsection (1).

  • (3)[Repealed, 2019, c. 25, s. 179]

  • (4)[Repealed, 2019, c. 25, s. 179]

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1993, c. 25, s. 95, c. 37, s. 32, c. 46, s. 5
  • 1994, c. 44, s. 29
  • 1995, c. 39, s. 151
  • 1996, c. 19, ss. 68, 70
  • 1997, c. 18, s. 27, c. 23, s. 9
  • 1998, c. 34, ss. 9, 11
  • 1999, c. 5, ss. 13, 52
  • 2001, c. 32, s. 12, c. 41, ss. 14, 33
  • 2005, c. 44, s. 1
  • 2010, c. 14, s. 7
  • 2019, c. 25, s. 179

Offence

Marginal note:Laundering proceeds of crime

  • 462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that, or being reckless as to whether, all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    • (a) the commission in Canada of a designated offence; or

    • (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.

  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Exception

    (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 1997, c. 18, s. 28
  • 2001, c. 32, s. 13
  • 2005, c. 44, s. 2(F)
  • 2019, c. 29, s. 103

Search, Seizure and Detention of Proceeds of Crime

Marginal note:Special search warrant

  • 462.32 (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

  • Marginal note:Procedure

    (2) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

  • Marginal note:Execution in Canada

    (2.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • (2.2)[Repealed, 2019, c. 25, s. 180]

  • Marginal note:Other provisions to apply

    (3) Subsections 487(2.1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.

  • Marginal note:Detention and record of property seized

    (4) Every person who executes a warrant issued by a judge under this section shall

    • (a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

    • (b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

    • (c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note:Return of proceeds

    (4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if

    • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;

    • (b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and

    • (c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).

  • Marginal note:Notice

    (5) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be seized pursuant to the warrant.

  • Marginal note:Undertakings by Attorney General

    (6) Before issuing a warrant under this section, a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 29
  • 2001, c. 32, s. 14
  • 2005, c. 44, s. 3
  • 2017, c. 7, s. 57(F)
  • 2019, c. 25, s. 180

Marginal note:Application for restraint order

  • 462.33 (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,

    • (a) the offence or matter under investigation;

    • (b) the person who is believed to be in possession of the property;

    • (c) the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of the property;

    • (d) a description of the property; and

    • (e) whether any previous applications have been made under this section with respect to the property.

  • Marginal note:Restraint order

    (3) A judge who hears an application for a restraint order made under subsection (1) may — if the judge is satisfied that there are reasonable grounds to believe that there exists, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction — make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

  • Marginal note:Effect of order

    (3.01) A restraint order issued under subsection (1) has effect throughout Canada.

  • Marginal note:Property outside Canada

    (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Idem

    (4) An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.

  • Marginal note:Notice

    (5) Before making an order under subsection (3) in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).

  • Marginal note:Order in writing

    (6) An order made under subsection (3) shall be made in writing.

  • Marginal note:Undertakings by Attorney General

    (7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

    • (a) the making of an order in respect of property situated within or outside Canada; and

    • (b) the execution of an order in respect of property situated within Canada.

  • Marginal note:Service of order

    (8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

  • Marginal note:Registration of order

    (9) A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Continues in force

    (10) An order made under subsection (3) remains in effect until

    • (a) it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);

    • (b) it ceases to be in force under section 462.35; or

    • (c) an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.

  • Marginal note:Offence

    (11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1993, c. 37, s. 21
  • 1996, c. 16, s. 60
  • 1997, c. 18, s. 30
  • 2001, c. 32, s. 15
  • 2005, c. 44, s. 4
  • 2019, c. 25, s. 181

Marginal note:Management order

  • 462.331 (1) With respect to property seized under section 462.32 or restrained under section 462.33, other than a controlled substance , within the meaning of the Controlled Drugs and Substances Act, or cannabis , as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

    • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

    • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

  • Marginal note:Application for destruction order

    (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court's opinion, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

  • Marginal note:Destruction order

    (7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

  • 2001, c. 32, s. 16
  • 2017, c. 7, s. 58
  • 2018, c. 16, s. 212

Marginal note:Application for review of special warrants and restraint orders

  • 462.34 (1) Any person who has an interest in property that was seized under a warrant issued pursuant to section 462.32 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge

    • (a) for an order under subsection (4); or

    • (b) for permission to examine the property.

  • Marginal note:Notice to Attorney General

    (2) Where an application is made under paragraph (1)(a),

    • (a) the application shall not, without the consent of the Attorney General, be heard by a judge unless the applicant has given to the Attorney General at least two clear days notice in writing of the application; and

    • (b) the judge may require notice of the application to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property.

  • Marginal note:Terms of examination order

    (3) A judge may, on an application made to the judge under paragraph (1)(b), order that the applicant be permitted to examine property subject to such terms as appear to the judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

  • Marginal note:Order of restoration of property or revocation or variation of order

    (4) On an application made to a judge under paragraph (1)(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit,

    • (a) if the applicant enters into a recognizance before the judge, with or without sureties, in such amount and with such conditions, if any, as the judge directs and, where the judge considers it appropriate, deposits with the judge such sum of money or other valuable security as the judge directs;

    • (b) if the conditions referred to in subsection (6) are satisfied; or

    • (c) for the purpose of

      • (i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person,

      • (ii) meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or

      • (iii) permitting the use of the property in relation to an undertaking or release order,

      if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

  • Marginal note:Hearing

    (5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province.

  • Marginal note:Expenses

    (5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may

    • (a) at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and

    • (b) before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii).

  • Marginal note:Taxing legal fees

    (5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax the legal fees forming part of the legal expenses referred to in subparagraph (4)(c)(ii) and, in so doing, shall take into account

    • (a) the value of property in respect of which an order of forfeiture may be made;

    • (b) the complexity of the proceedings giving rise to those legal expenses;

    • (c) the importance of the issues involved in those proceedings;

    • (d) the duration of any hearings held in respect of those proceedings;

    • (e) whether any stage of those proceedings was improper or vexatious;

    • (f) any representations made by the Attorney General; and

    • (g) any other relevant matter.

  • Marginal note:Conditions to be satisfied

    (6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied

    • (a) where the application is made by

      • (i) a person charged with a designated offence, or

      • (ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,

      that a warrant should not have been issued pursuant to section 462.32 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, or

    • (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

    and that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding.

  • Marginal note:Saving provision

    (7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

  • (8)[Repealed, 2019, c. 25, s. 182]

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, ss. 69, 70
  • 1997, c. 18, ss. 31, 140
  • 2001, c. 32, s. 17
  • 2010, c. 14, s. 8
  • 2019, c. 25, s. 182

Marginal note:Application of property restitution provisions

462.341  Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money or bank-notes that are seized under this Act, the Controlled Drugs and Substances Act or the Cannabis Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2).

  • 1997, c. 18, ss. 32, 140
  • 1999, c. 5, s. 14
  • 2005, c. 44, s. 5
  • 2018, c. 16, s. 213

Marginal note:Expiration of special warrants and restraint orders

  • 462.35 (1) Subject to this section, where property has been seized under a warrant issued pursuant to section 462.32 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

  • Marginal note:Where proceedings instituted

    (2) The property may continue to be detained, or the order may continue in force, for a period that exceeds six months if proceedings are instituted in respect of which the thing detained may be forfeited.

  • Marginal note:Where application made

    (3) The property may continue to be detained or the order may continue in force for a period or periods that exceed six months if the continuation is, on application made by the Attorney General, ordered by a judge, where the judge is satisfied that the property is required, after the expiration of the period or periods, for the purpose of section 462.37 or 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 33

Marginal note:Forwarding to clerk where accused to stand trial

462.36  Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 2001, c. 32, s. 18

Forfeiture of Proceeds of Crime

Marginal note:Order of forfeiture of property

  • 462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Proceeds of crime — other offences

    (2) If the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Order of forfeiture — particular circumstances

    (2.01) A court imposing sentence on an offender convicted of an offence described in subsection (2.02) shall, on application of the Attorney General and subject to this section and sections 462.4 and 462.41, order that any property of the offender that is identified by the Attorney General in the application be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law if the court is satisfied, on a balance of probabilities, that

    • (a) within 10 years before the proceedings were commenced in respect of the offence for which the offender is being sentenced, the offender engaged in a pattern of criminal activity for the purpose of directly or indirectly receiving a material benefit, including a financial benefit; or

    • (b) the income of the offender from sources unrelated to designated offences cannot reasonably account for the value of all the property of the offender.

  • Marginal note:Offences

    (2.02) The offences are the following:

    • (a) a criminal organization offence punishable by five or more years of imprisonment;

    • (b) an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those sections — prosecuted by indictment;

    • (c) an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those subsections — prosecuted by indictment; and

    • (d) an offence under any of sections 279.01 to 279.03.

  • Marginal note:Offender may establish that property is not proceeds of crime

    (2.03) A court shall not make an order of forfeiture under subsection (2.01) in respect of any property that the offender establishes, on a balance of probabilities, is not proceeds of crime.

  • Marginal note:Pattern of criminal activity

    (2.04) In determining whether the offender has engaged in a pattern of criminal activity described in paragraph (2.01)(a), the court shall consider

    • (a) the circumstances of the offence for which the offender is being sentenced;

    • (b) any act or omission — other than an act or omission that constitutes the offence for which the offender is being sentenced — that the court is satisfied, on a balance of probabilities, was committed by the offender and constitutes an offence punishable by indictment under any Act of Parliament;

    • (c) any act or omission that the court is satisfied, on a balance of probabilities, was committed by the offender and is an offence in the place where it was committed and, if committed in Canada, would constitute an offence punishable by indictment under any Act of Parliament; and

    • (d) any other factor that the court considers relevant.

  • Marginal note:Conditions — pattern of criminal activity

    (2.05) A court shall not determine that an offender has engaged in a pattern of criminal activity unless the court is satisfied, on a balance of probabilities, that the offender committed, within the period referred to in paragraph (2.01)(a),

    • (a) acts or omissions — other than an act or omission that constitutes the offence for which the offender is being sentenced — that constitute at least two serious offences or one criminal organization offence;

    • (b) acts or omissions that are offences in the place where they were committed and, if committed in Canada, would constitute at least two serious offences or one criminal organization offence; or

    • (c) an act or omission described in paragraph (a) that constitutes a serious offence and an act or omission described in paragraph (b) that, if committed in Canada, would constitute a serious offence.

  • Marginal note:Application under subsection (1) not prevented

    (2.06) Nothing in subsection (2.01) shall be interpreted as preventing the Attorney General from making an application under subsection (1) in respect of any property.

  • Marginal note:Exception

    (2.07) A court may, if it considers it in the interests of justice, decline to make an order of forfeiture against any property that would otherwise be subject to forfeiture under subsection (2.01). The court shall give reasons for its decision.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Fine instead of forfeiture

    (3) If a court is satisfied that an order of forfeiture under subsection (1) or (2.01) should be made in respect of any property of an offender but that the property or any part of or interest in the property cannot be made subject to an order, the court may, instead of ordering the property or any part of or interest in the property to be forfeited, order the offender to pay a fine in an amount equal to the value of the property or the part of or interest in the property. In particular, a court may order the offender to pay a fine if the property or any part of or interest in the property

    • (a) cannot, on the exercise of due diligence, be located;

    • (b) has been transferred to a third party;

    • (c) is located outside Canada;

    • (d) has been substantially diminished in value or rendered worthless; or

    • (e) has been commingled with other property that cannot be divided without difficulty.

  • Marginal note:Imprisonment in default of payment of fine

    (4) Where a court orders an offender to pay a fine pursuant to subsection (3), the court shall

    • (a) impose, in default of payment of that fine, a term of imprisonment

      • (i) not exceeding six months, where the amount of the fine does not exceed ten thousand dollars,

      • (ii) of not less than six months and not exceeding twelve months, where the amount of the fine exceeds ten thousand dollars but does not exceed twenty thousand dollars,

      • (iii) of not less than twelve months and not exceeding eighteen months, where the amount of the fine exceeds twenty thousand dollars but does not exceed fifty thousand dollars,

      • (iv) of not less than eighteen months and not exceeding two years, where the amount of the fine exceeds fifty thousand dollars but does not exceed one hundred thousand dollars,

      • (v) of not less than two years and not exceeding three years, where the amount of the fine exceeds one hundred thousand dollars but does not exceed two hundred and fifty thousand dollars,

      • (vi) of not less than three years and not exceeding five years, where the amount of the fine exceeds two hundred and fifty thousand dollars but does not exceed one million dollars, or

      • (vii) of not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and

    • (b) direct that the term of imprisonment imposed pursuant to paragraph (a) be served consecutively to any other term of imprisonment imposed on the offender or that the offender is then serving.

  • Marginal note:Fine option program not available to offender

    (5) Section 736 does not apply to an offender against whom a fine is imposed pursuant to subsection (3).

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1992, c. 1, s. 60(F)
  • 1995, c. 22, s. 10
  • 1999, c. 5, s. 15(F)
  • 2001, c. 32, s. 19
  • 2005, c. 44, s. 6
  • 2015, c. 16, s. 4
  • 2017, c. 7, s. 59
  • 2018, c. 16, s. 214
  • 2018, c. 16, s. 225

Marginal note:Definition of order

  • 462.371 (1) In this section, order means an order made under section 462.37 or 462.38.

  • Marginal note:Execution

    (2) An order may be executed anywhere in Canada.

  • Marginal note:Filing of order from another province

    (3) Where the Attorney General of a province in which property that is the subject of an order made in another province is situated receives a certified copy of the order and files it with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

  • Marginal note:Attorney General of Canada

    (4) Where the Attorney General of Canada receives a certified copy of an order made in a province in respect of property situated in another province and files the order with the superior court of criminal jurisdiction of the province in which the property is situated, the order shall be entered as a judgment of that court.

  • Marginal note:Effect of registered order

    (5) An order has, from the date it is filed in a court of a province under subsection (3) or (4), the same effect as if it had been an order originally made by that court.

  • Marginal note:Notice

    (6) Where an order has been filed in a court under subsection (3) or (4), it shall not be executed before notice in accordance with subsection 462.41(2) is given to every person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Application of section 462.42

    (7) Section 462.42 applies, with such modifications as the circumstances require, in respect of a person who claims an interest in property that is the subject of an order filed under subsection (3) or (4).

  • Marginal note:Application under section 462.42 to be made in one province

    (8) No person may make an application under section 462.42 in relation to property that is the subject of an order filed under subsection (3) or (4) if that person has previously made an application in respect of the same property in another province.

  • Marginal note:Finding in one court binding

    (9) The finding by a court of a province in relation to property that is the subject of an order filed under subsection (3) or (4) as to whether or not an applicant referred to in subsection 462.42(4) is affected by the forfeiture referred to in that subsection or declaring the nature and extent of the interest of the applicant under that subsection is binding on the superior court of criminal jurisdiction of the province where the order is entered as a judgment.

  • 1997, c. 18, s. 34

Marginal note:Application for forfeiture

  • 462.38 (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that

    • (a) any property is, beyond a reasonable doubt, proceeds of crime,

    • (b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and

    • (c) the accused charged with the offence referred to in paragraph (b) has died or absconded,

    order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Person deemed absconded

    (3) For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if

    • (a) an information has been laid alleging the commission of the offence by the person,

    • (b) a warrant for the arrest of the person or a summons in respect of an organization has been issued in relation to that information, and

    • (c) reasonable attempts to arrest the person pursuant to the warrant or to serve the summons have been unsuccessful during the period of six months commencing on the day the warrant or summons was issued, or, in the case of a person who is not or never was in Canada, the person cannot be brought within that period to the jurisdiction in which the warrant or summons was issued,

    and the person shall be deemed to have so absconded on the last day of that period of six months.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 35
  • 2001, c. 32, s. 20
  • 2003, c. 21, s. 7
  • 2017, c. 7, s. 60

Marginal note:Inference

462.39  For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of a designated offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to designated offences committed by that person cannot reasonably account for such an increase in value.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 2001, c. 32, s. 21

Marginal note:Voidable transfers

462.4  A court may,

  • (a) prior to ordering property to be forfeited under subsection 462.37(1) or (2.01) or 462.38(2), and

  • (b) in the case of property in respect of which a restraint order was made under section 462.33, where the order was served in accordance with subsection 462.33(8),

set aside any conveyance or transfer of the property that occurred after the seizure of the property or the service of the order under section 462.33, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 36(E)
  • 2005, c. 44, s. 7

Marginal note:Notice

  • 462.41 (1) Before making an order under subsection 462.37(1) or (2.01) or 462.38(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2) A notice shall

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court;

    • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

    • (c) set out the designated offence charged and a description of the property.

  • Marginal note:Order of restoration of property

    (3) Where a court is satisfied that any person, other than

    • (a) a person who is charged with, or was convicted of, a designated offence, or

    • (b) a person who acquired title to or a right of possession of that property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property,

    is the lawful owner or is lawfully entitled to possession of any property or any part thereof that would otherwise be forfeited pursuant to subsection 462.37(1) or (2.01) or 462.38(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part thereof be returned to that person.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 1997, c. 18, ss. 37, 140
  • 2001, c. 32, s. 22
  • 2005, c. 44, s. 8
  • 2017, c. 7, s. 61

Marginal note:Application by person claiming interest for relief from forfeiture

  • 462.42 (1) Any person who claims an interest in property that is forfeited to Her Majesty under subsection 462.37(1) or (2.01) or 462.38(2) may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4) unless the person is

    • (a) a person who is charged with, or was convicted of, a designated offence that resulted in the forfeiture; or

    • (b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.

  • Marginal note:Fixing day for hearing

    (2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

  • Marginal note:Notice

    (3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing thereof on the Attorney General at least fifteen days before the day fixed for the hearing.

  • Marginal note:Order declaring interest not subject to forfeiture

    (4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.

  • Marginal note:Appeal from order under subsection (4)

    (5) An applicant or the Attorney General may appeal to the court of appeal from an order under subsection (4) and the provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this subsection.

  • Marginal note:Return of property

    (6) The Attorney General shall, on application made to the Attorney General by any person who has obtained an order under subsection (4) and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined,

    • (a) direct that the property or the part thereof to which the interest of the applicant relates be returned to the applicant; or

    • (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 1997, c. 18, ss. 38, 140
  • 2001, c. 32, s. 23
  • 2005, c. 44, s. 9

Marginal note:Residual disposal of property seized or dealt with pursuant to special warrants or restraint orders

  • 462.43 (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge's own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge

    • (a) in the case of a restraint order, shall revoke the order;

    • (b) in the case of a recognizance, shall cancel the recognizance; and

    • (c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),

      • (i) if possession of it by the person from whom it was taken is lawful, shall order that it be returned to that person,

      • (ii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, shall order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or

      • (iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

  • Marginal note:Property outside Canada

    (2) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 2001, c. 32, s. 24
  • 2004, c. 12, s. 7
  • 2017, c. 7, s. 62(F)

Marginal note:Appeals from certain orders

462.44  Any person who considers that they are aggrieved by an order made under subsection 462.38(2) or 462.41(3) or section 462.43 may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with such modifications as the circumstances require, to such an appeal.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1997, c. 18, s. 39

Marginal note:Suspension of forfeiture pending appeal

462.45  Despite anything in this Part, the operation of an order of forfeiture or restoration of property under subsection 462.34(4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43 is suspended pending

  • (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for the restoration or forfeiture of such property,

  • (b) any appeal taken from an order of forfeiture or restoration in respect of the property, or

  • (c) any other proceeding in which the right of seizure of the property is questioned,

and property shall not be disposed of within thirty days after an order of forfeiture is made under any of those provisions.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 2005, c. 44, s. 10

Marginal note:Copies of documents returned or forfeited

  • 462.46 (1) If any document is returned or ordered to be returned, forfeited or otherwise dealt with under subsection 462.34(3) or (4), 462.37(1) or (2.01), 462.38(2) or 462.41(3) or section 462.43, the Attorney General may, before returning the document or complying with the order, cause a copy of the document to be made and retained.

  • Marginal note:Probative force

    (2) Every copy made under subsection (1) shall, if certified as a true copy by the Attorney General, be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the original document would have had if it had been proved in the ordinary way.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 2005, c. 44, s. 11

Disclosure Provisions

Marginal note:No civil or criminal liability incurred by informants

462.47  For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit a designated offence.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1996, c. 19, s. 70
  • 2001, c. 32, ss. 25, 82
  • 2002, c. 13, s. 16(F)
  • 2004, c. 12, s. 8(F)

Marginal note:Definition of designated substance offence

  • 462.48 (1) In this section, designated substance offence means

    • (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act;

    • (a.1) an offence under Division 1 of Part 1 of the Cannabis Act, except subsection 8(1) of that Act; or

    • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or (a.1).

  • Marginal note:Disclosure of income tax information

    (1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to

    • (a) a designated substance offence;

    • (b) an offence against section 354, 355.2, 355.4 or 462.31 if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

      • (i) the commission in Canada of a designated substance offence, or

      • (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence;

    • (c) an offence against section 467.11, 467.111, 467.12 or 467.13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or

    • (d) a terrorism offence.

  • Marginal note:Application

    (2) An application under subsection (1.1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,

    • (a) the offence or matter under investigation;

    • (b) the person in relation to whom the information or documents referred to in paragraph (c) are required;

    • (c) the type of information or book, record, writing, return or other document obtained by or on behalf of the Minister of National Revenue for the purposes of the Income Tax Act, Part IX of the Excise Tax Act or the Excise Act, 2001 to which access is sought or that is proposed to be examined or communicated; and

    • (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of any of the offences referred to in subsection (1.1) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.

  • Marginal note:Order for disclosure of information

    (3) Where the judge to whom an application under subsection (1.1) is made is satisfied

    • (a) of the matters referred to in paragraph (2)(d), and

    • (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents to which the application relates, having regard to the benefit likely to accrue to the investigation if the access is obtained,

    the judge may, subject to any conditions that the judge considers advisable in the public interest, order the Commissioner of Revenue or any person specially designated in writing by the Commissioner for the purposes of this section

    • (c) to allow a police officer named in the order access to all such information and documents and to examine them, or

    • (d) where the judge considers it necessary in the circumstances, to produce all such information and documents to the police officer and allow the police officer to remove the information and documents,

    within such period after the expiration of seven clear days following the service of the order pursuant to subsection (4) as the judge may specify.

  • Marginal note:Service of order

    (4) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

  • Marginal note:Extension of period for compliance with order

    (5) A judge who makes an order under subsection (3) may, on application of the Minister of National Revenue, extend the period within which the order is to be complied with.

  • Marginal note:Objection to disclosure of information

    (6) The Minister of National Revenue or any person specially designated in writing by that Minister for the purposes of this section may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that the information or document should not be disclosed on the ground that

    • (a) the Minister of National Revenue is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement respecting taxation to which the Government of Canada is a signatory;

    • (b) a privilege is attached by law to the information or document;

    • (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or

    • (d) disclosure of the information or document would not, for any other reason, be in the public interest.

  • Marginal note:Determination of objection

    (7) Where an objection to the disclosure of information or a document is made under subsection (6), the objection may be determined, on application, in accordance with subsection (8), by the Chief Justice of the Federal Court, or by such other judge of that Court as the Chief Justice may designate to hear such applications.

  • Marginal note:Judge may examine information

    (8) A judge who is to determine an objection pursuant to subsection (7) may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made and shall grant the objection and order that disclosure of the information or document be refused where the judge is satisfied of any of the grounds mentioned in subsection (6).

  • Marginal note:Limitation period

    (9) An application under subsection (7) shall be made within ten days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or such other judge of that Court as the Chief Justice may designate to hear such applications, considers appropriate.

  • Marginal note:Appeal to Federal Court of Appeal

    (10) An appeal lies from a determination under subsection (7) to the Federal Court of Appeal.

  • Marginal note:Limitation period for appeal

    (11) An appeal under subsection (10) shall be brought within ten days from the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

  • Marginal note:Special rules for hearings

    (12) An application under subsection (7) or an appeal brought in respect of that application shall

    • (a) be heard in camera; and

    • (b) on the request of the person objecting to the disclosure of information, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note: Ex parte representations

    (13) During the hearing of an application under subsection (7) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

  • Marginal note:Copies

    (14) When any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any officer of the Canada Revenue Agency may make, or cause to be made, one or more copies of it, and any copy purporting to be certified by the Minister of National Revenue or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

  • Marginal note:Further disclosure

    (15) No person to whom information or documents have been disclosed or provided pursuant to this subsection or pursuant to an order made under subsection (3) shall further disclose the information or documents except for the purposes of the investigation in relation to which the order was made.

  • Marginal note:Form

    (16) An order made under subsection (3) may be in Form 47.

  • Marginal note:Definition of police officer

    (17) In this section, police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace.

  • R.S., 1985, c. 42 (4th Supp.), s. 2
  • 1994, c. 13, s. 7
  • 1996, c. 19, s. 70
  • 1997, c. 23, s. 10
  • 1999, c. 17, s. 120
  • 2001, c. 32, s. 26, c. 41, ss. 15, 133
  • 2005, c. 38, ss. 138, 140
  • 2010, c. 14, s. 9
  • 2013, c. 9, s. 15
  • 2014, c. 17, s. 7
  • 2018, c. 16, s. 215, c. 27, s. 28

Specific Rules of Forfeiture

Marginal note:Specific forfeiture provisions unaffected by this Part

  • 462.49 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

  • Marginal note:Priority for restitution to victims of crime

    (2) The property of an offender may be used to satisfy the operation of a provision of this or any other Act of Parliament respecting the forfeiture of property only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to or compensation of persons affected by the commission of offences.

  • R.S., 1985, c. 42 (4th Supp.), s. 2

Regulations

Marginal note:Regulations

462.5  The Attorney General may make regulations governing the manner of disposing of or otherwise dealing with, in accordance with the law, property forfeited under this Part.

  • R.S., 1985, c. 42 (4th Supp.), s. 2

PART XIII Attempts — Conspiracies — Accessories

Marginal note:Attempts, accessories

463  Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:

  • (a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;

  • (b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;

  • (c) every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and

  • (d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction

    • (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or

    • (ii) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 463
  • R.S., 1985, c. 27 (1st Supp.), s. 59
  • 1998, c. 35, s. 120

Marginal note:Counselling offence that is not committed

464  Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,

  • (a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and

  • (b) every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 464
  • R.S., 1985, c. 27 (1st Supp.), s. 60

Marginal note:Conspiracy

  • 465 (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:

    • (a) every one who conspires with any one to commit murder or to cause another person to be murdered, whether in Canada or not, is guilty of an indictable offence and liable to a maximum term of imprisonment for life;

    • (b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of

      • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or

      • (ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;

    • (c) every one who conspires with any one to commit an indictable offence not provided for in paragraph (a) or (b) is guilty of an indictable offence and liable to the same punishment as that to which an accused who is guilty of that offence would, on conviction, be liable; and

    • (d) every one who conspires with any one to commit an offence punishable on summary conviction is guilty of an offence punishable on summary conviction.

  • (2)[Repealed, 1985, c. 27 (1st Supp.), s. 61]

  • Marginal note:Conspiracy to commit offences

    (3) Every one who, while in Canada, conspires with any one to do anything referred to in subsection (1) in a place outside Canada that is an offence under the laws of that place shall be deemed to have conspired to do that thing in Canada.

  • Marginal note:Idem

    (4) Every one who, while in a place outside Canada, conspires with any one to do anything referred to in subsection (1) in Canada shall be deemed to have conspired in Canada to do that thing.

  • Marginal note:Jurisdiction

    (5) Where a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4), 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

    (6) 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:If previously tried outside Canada

    (7) If a person is alleged to have conspired to do anything that is an offence by virtue of subsection (3) or (4) and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if the person had been tried and dealt with in Canada, they would be able to plead autrefois acquit , autrefois convict , pardon or an expungement order under the Expungement of Historically Unjust Convictions Act, the person shall be deemed to have been so tried and dealt with in Canada.

  • R.S., 1985, c. C-46, s. 465
  • R.S., 1985, c. 27 (1st Supp.), s. 61
  • 1998, c. 35, s. 121
  • 2018, c. 11, s. 28
  • 2019, c. 25, s. 183

Marginal note:Conspiracy in restraint of trade

  • 466 (1) A conspiracy in restraint of trade is an agreement between two or more persons to do or to procure to be done any unlawful act in restraint of trade.

  • Marginal note:Trade union, exception

    (2) The purposes of a trade union are not, by reason only that they are in restraint of trade, unlawful within the meaning of subsection (1).

  • R.S., 1985, c. C-46, s. 466
  • 1992, c. 1, s. 60(F)

Marginal note:Saving

  • 467 (1) No person shall be convicted of the offence of conspiracy by reason only that he

    • (a) refuses to work with a workman or for an employer; or

    • (b) does any act or causes any act to be done for the purpose of a trade combination, unless that act is an offence expressly punishable by law.

  • Definition of trade combination

    (2) In this section, trade combination means any combination between masters or workmen or other persons for the purpose of regulating or altering the relations between masters or workmen, or the conduct of a master or workman in or in respect of his business, employment or contract of employment or service.

  • R.S., c. C-34, s. 425

Marginal note:Definitions

  • 467.1 (1) The following definitions apply in this Act.

    criminal organization

    criminal organization  means a group, however organized, that

    • (a) is composed of three or more persons in or outside Canada; and

    • (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

    It does not include a group of persons that forms randomly for the immediate commission of a single offence. (organisation criminelle)

    serious offence

    serious offence  means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation. (infraction grave)

  • Marginal note:Facilitation

    (2) For the purposes of this section, section 467.11 and 467.111, facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

  • Marginal note:Commission of offence

    (3) In this section and in sections 467.11 to 467.13, committing an offence means being a party to it or counselling any person to be a party to it.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations prescribing offences that are included in the definition serious offence in subsection (1).

  • 1997, c. 23, s. 11
  • 2001, c. 32, s. 27
  • 2014, c. 17, s. 8

Marginal note:Participation in activities of criminal organization

  • 467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization 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:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) the criminal organization actually facilitated or committed an indictable offence;

    • (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence;

    • (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal organization; or

    • (d) the accused knew the identity of any of the persons who constitute the criminal organization.

  • Marginal note:Factors

    (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused

    • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization;

    • (b) frequently associates with any of the persons who constitute the criminal organization;

    • (c) receives any benefit from the criminal organization; or

    • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27
  • 2019, c. 25, s. 184

Marginal note:Recruitment of members by a criminal organization

467.111  Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this Act or any other Act of Parliament, recruits, solicits, encourages, coerces or invites a person to join the criminal organization, is guilty of an indictable offence and liable,

  • (a) in the case where the person recruited, solicited, encouraged or invited is under 18 years of age, to imprisonment for a term not exceeding five years, and to a minimum punishment of imprisonment for a term of six months; and

  • (b) in any other case, to imprisonment for a term not exceeding five years.

  • 2014, c. 17, s. 9

Marginal note:Commission of offence for criminal organization

  • 467.12 (1) Every person who commits an indictable offence under this or any other Act of Parliament 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 not exceeding fourteen years.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew the identity of any of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27

Marginal note:Instructing commission of offence for criminal organization

  • 467.13 (1) Every person who is one of the persons who constitute a criminal organization and who knowingly instructs, directly or indirectly, any person to commit an offence under this or any other Act of Parliament for the benefit of, at the direction of, or in association with, the criminal organization is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Prosecution

    (2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that

    • (a) an offence other than the offence under subsection (1) was actually committed;

    • (b) the accused instructed a particular person to commit an offence; or

    • (c) the accused knew the identity of all of the persons who constitute the criminal organization.

  • 2001, c. 32, s. 27

Marginal note:Sentences to be served consecutively

467.14  A sentence imposed on a person for an offence under section 467.11, 467.111, 467.12 or 467.13 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 any of those sections.

  • 2001, c. 32, s. 27
  • 2014, c. 17, s. 10

467.2 [Repealed, 2019, c. 25, s. 185]

PART XIV Jurisdiction

General

Marginal note:Superior court of criminal jurisdiction

468  Every superior court of criminal jurisdiction has jurisdiction to try any indictable offence.

  • R.S., c. C-34, s. 426

Marginal note:Court of criminal jurisdiction

469  Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

  • (a) an offence under any of the following sections:

    • (i) section 47 (treason),

    • (ii)[Repealed, 2018, c. 29, s. 61]

    • (iii) section 51 (intimidating Parliament or a legislature),

    • (iv) section 53 (inciting to mutiny),

    • (v) section 61 (seditious offences),

    • (vi) section 74 (piracy),

    • (vii) section 75 (piratical acts), or

    • (viii) section 235 (murder);

  • Marginal note:Accessories

    (b) the offence of being an accessory after the fact to high treason or treason or murder;

  • (c) an offence under section 119 (bribery) by the holder of a judicial office;

  • Marginal note:Crimes against humanity

    (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • Marginal note:Attempts

    (d) the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

  • Marginal note:Conspiracy

    (e) the offence of conspiring to commit any offence mentioned in paragraph (a).

  • R.S., 1985, c. C-46, s. 469
  • R.S., 1985, c. 27 (1st Supp.), s. 62
  • 2000, c. 24, s. 44
  • 2018, c. 29, s. 61

Marginal note:Jurisdiction over person

470  Subject to this Act, every superior court of criminal jurisdiction and every court of criminal jurisdiction that has power to try an indictable offence is competent to try an accused for that offence

  • (a) if the accused is found, is arrested or is in custody within the territorial jurisdiction of the court; or

  • (b) if the accused has been ordered to be tried by

    • (i) that court, or

    • (ii) any other court, the jurisdiction of which has by lawful authority been transferred to that court.

  • R.S., 1985, c. C-46, s. 470
  • R.S., 1985, c. 27 (1st Supp.), s. 101

Marginal note:Trial by jury compulsory

471  Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

  • R.S., c. C-34, s. 429

472 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 63]

Marginal note:Trial without jury

  • 473 (1) Notwithstanding anything in this Act, an accused charged with an offence listed in section 469 may, with the consent of the accused and the Attorney General, be tried without a jury by a judge of a superior court of criminal jurisdiction.

  • Marginal note:Joinder of other offences

    (1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1), the judge of the superior court of criminal jurisdiction may order that any offence be tried by that judge in conjunction with the offence listed in section 469.

  • Marginal note:Withdrawal of consent

    (2) Notwithstanding anything in this Act, where the consent of an accused and the Attorney General is given in accordance with subsection (1), that consent shall not be withdrawn unless both the accused and the Attorney General agree to the withdrawal.

  • R.S., 1985, c. C-46, s. 473
  • R.S., 1985, c. 27 (1st Supp.), s. 63
  • 1994, c. 44, s. 30

Marginal note:Adjournment when no jury summoned

  • 474 (1) Where the competent authority has determined that a panel of jurors is not to be summoned for a term or sittings of the court for the trial of criminal cases in any territorial division, the clerk of the court may, on the day of the opening of the term or sittings, if a judge is not present to preside over the court, adjourn the court and the business of the court to a subsequent day.

  • Marginal note:Adjournment on instructions of judge

    (2) A clerk of the court for the trial of criminal cases in any territorial division may, at any time, on the instructions of the presiding judge or another judge of the court, adjourn the court and the business of the court to a subsequent day.

  • R.S., 1985, c. C-46, s. 474
  • 1994, c. 44, s. 31

Marginal note:Accused absconding during trial

  • 475 (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of his trial,

    • (a) he shall be deemed to have waived his right to be present at his trial, and

    • (b) the court may

      • (i) continue the trial and proceed to a judgment or verdict and, if it finds the accused guilty, impose a sentence on him in his absence, or

      • (ii) if a warrant in Form 7 is issued for the arrest of the accused, adjourn the trial to await his appearance,

      but where the trial is adjourned pursuant to subparagraph (b)(ii), the court may, at any time, continue the trial if it is satisfied that it is no longer in the interests of justice to await the appearance of the accused.

  • Marginal note:Adverse inference

    (2) Where a court continues a trial pursuant to subsection (1), it may draw an inference adverse to the accused from the fact that he has absconded.

  • Marginal note:Accused not entitled to re-opening

    (3) Where an accused reappears at his trial that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the court is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the proceedings.

  • Marginal note:Counsel for accused may continue to act

    (4) Where an accused has absconded during the course of his trial and the court continues the trial, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

  • R.S., 1985, c. C-46, s. 475
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F), c. 1 (4th Supp.), s. 18(F)

Special Jurisdiction

Marginal note:Special jurisdictions

476  For the purposes of this Act,

  • (a) where an offence is committed in or on any water or on a bridge between two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (b) where an offence is committed on the boundary of two or more territorial divisions or within five hundred metres of any such boundary, or the offence was commenced within one territorial division and completed within another, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (c) where an offence is committed in or on a vehicle employed in a journey, or on board a vessel employed on a navigable river, canal or inland water, the offence shall be deemed to have been committed in any territorial division through which the vehicle or vessel passed in the course of the journey or voyage on which the offence was committed, and where the center or other part of the road, or navigable river, canal or inland water on which the vehicle or vessel passed in the course of the journey or voyage is the boundary of two or more territorial divisions, the offence shall be deemed to have been committed in any of the territorial divisions;

  • (d) where an offence is committed in an aircraft in the course of a flight of that aircraft, it shall be deemed to have been committed

    • (i) in the territorial division in which the flight commenced,

    • (ii) in any territorial division over which the aircraft passed in the course of the flight, or

    • (iii) in the territorial division in which the flight ended; and

  • (e) where an offence is committed in respect of the mail in the course of its door-to-door delivery, the offence shall be deemed to have been committed in any territorial division through which the mail was carried on that delivery.

  • R.S., 1985, c. C-46, s. 476
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1992, c. 1, s. 58

Definition of ship

  • 477 (1) In sections 477.1 to 477.4, ship includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion.

  • Marginal note:Saving

    (2) Nothing in sections 477.1 to 477.4 limits the operation of any other Act of Parliament or the jurisdiction that a court may exercise apart from those sections.

  • R.S., 1985, c. C-46, s. 477
  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 67

Marginal note:Offences outside of Canada

477.1  Every person who commits an act or omission that, if it occurred in Canada, would be an offence under a federal law, within the meaning of section 2 of the Oceans Act, is deemed to have committed that act or omission in Canada if it is an act or omission

  • (a) in the exclusive economic zone of Canada that

    • (i) is committed by a person who is in the exclusive economic zone of Canada in connection with exploring or exploiting, conserving or managing the natural resources, whether living or non-living, of the exclusive economic zone of Canada, and

    • (ii) is committed by or in relation to a person who is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

  • (b) that is committed in a place in or above the continental shelf of Canada and that is an offence in that place by virtue of section 20 of the Oceans Act;

  • (c) that is committed outside Canada on board or by means of a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

  • (d) that is committed outside Canada in the course of hot pursuit; or

  • (e) that is committed outside the territory of any state by a Canadian citizen.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 68
  • 2001, c. 27, s. 247

Marginal note:Consent of Attorney General of Canada

  • 477.2 (1) No proceedings in respect of an offence committed in or on the territorial sea of Canada shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to proceedings by way of summary conviction.

  • Marginal note:Consent of Attorney General of Canada

    (2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

  • Marginal note:Consent of Attorney General of Canada

    (3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

  • Marginal note:Consent to be filed

    (4) The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

  • 1990, c. 44, s. 15
  • 1994, c. 44, s. 32
  • 1996, c. 31, s. 69

Marginal note:Exercising powers of arrest, entry, etc.

  • 477.3 (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 477.1 may be exercised, in the circumstances referred to in that section,

    • (a) at the place or on board the ship or marine installation or structure, within the meaning of section 2 of the Oceans Act, where the act or omission occurred; or

    • (b) where hot pursuit has been commenced, at any place on the seas, other than a place that is part of the territorial sea of any other state.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence

    • (a) committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, or

    • (b) referred to in section 477.1

    in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Limitation

    (3) Where an act or omission that is an offence by virtue only of section 477.1 is alleged to have been committed on board any ship registered outside Canada, the powers referred to in subsection (1) shall not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1990, c. 44, s. 15
  • 1996, c. 31, s. 70

  • 477.4 (1) and (2)[Repealed, 1996, c. 31, s. 71]

  • Marginal note:Evidence

    (3) In proceedings in respect of an offence,

    • (a) a certificate referred to in subsection 23(1) of the Oceans Act, or

    • (b) a certificate issued by or under the authority of the Minister of Foreign Affairs containing a statement that any geographical location specified in the certificate was, at any time material to the proceedings, in an area of a fishing zone of Canada that is not within the internal waters of Canada or the territorial sea of Canada or outside the territory of any state,

    is conclusive proof of the truth of the statement without proof of the signature or official character of the person appearing to have issued the certificate.

  • Marginal note:Certificate cannot be compelled

    (4) A certificate referred to in subsection (3) is admissible in evidence in proceedings referred to in that subsection but its production cannot be compelled.

  • 1990, c. 44, s. 15
  • 1995, c. 5, s. 25
  • 1996, c. 31, s. 71

Marginal note:Offence committed entirely in one province

  • 478 (1) Subject to this Act, a court in a province shall not try an offence committed entirely in another province.

  • Marginal note:Exception

    (2) Every proprietor, publisher, editor or other person charged with the publication of a defamatory libel in a newspaper or with conspiracy to publish a defamatory libel in a newspaper shall be dealt with, indicted, tried and punished in the province where he resides or in which the newspaper is printed.

  • Marginal note:Idem

    (3) An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and

    • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or

    • (b) in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

    appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • Marginal note:Where accused ordered to stand trial

    (4) Notwithstanding that an accused described in subsection (3) has been ordered to stand trial or that an indictment has been preferred against the accused in respect of the offence to which he desires to plead guilty, the accused shall be deemed simply to stand charged of that offence without a preliminary inquiry having been conducted or an indictment having been preferred with respect thereto.

  • Definition of newspaper

    (5) In this section, newspaper has the same meaning as in section 297.

  • R.S., 1985, c. C-46, s. 478
  • R.S., 1985, c. 27 (1st Supp.), ss. 64, 101(E)
  • 1994, c. 44, s. 33(E)

Marginal note:Offence outstanding in same province

479  Where an accused is charged with an offence that is alleged to have been committed in the province in which he is, he may, if the offence is not an offence mentioned in section 469 and

  • (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, the Attorney General of Canada consents, or

  • (b) in any other case, the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

  • R.S., 1985, c. C-46, s. 479
  • R.S., 1985, c. 27 (1st Supp.), s. 65
  • 1994, c. 44, s. 34(E)

Marginal note:Offence in unorganized territory

  • 480 (1) Where an offence is committed in an unorganized tract of country in any province or on a lake, river or other water therein, not included in a territorial division or in a provisional judicial district, proceedings in respect thereof may be commenced and an accused may be charged, tried and punished in respect thereof within any territorial division or provisional judicial district of the province in the same manner as if the offence had been committed within that territorial division or provisional judicial district.

  • Marginal note:New territorial division

    (2) Where a provisional judicial district or a new territorial division is constituted in an unorganized tract referred to in subsection (1), the jurisdiction conferred by that subsection continues until appropriate provision is made by law for the administration of criminal justice within the provisional judicial district or new territorial division.

  • R.S., c. C-34, s. 436

Marginal note:Offence not in a province

481  Where an offence is committed in a part of Canada not in a province, proceedings in respect thereof may be commenced and the accused may be charged, tried and punished within any territorial division in any province in the same manner as if that offence had been committed in that territorial division.

  • R.S., c. C-34, s. 437

Marginal note:Offence in Canadian waters

481.1  Where an offence is committed in or on the territorial sea of Canada or any area of the sea that forms part of the internal waters of Canada, proceedings in respect thereof may, whether or not the accused is in Canada, be commenced and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72

Marginal note:Offence outside Canada

481.2  Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.

  • 1996, c. 31, s. 72
  • 2008, c. 18, s. 10

Marginal note:Appearance of accused at trial

481.3  For greater certainty, the provisions of this Act relating to

  • (a) the requirement of the appearance of an accused at proceedings, and

  • (b) the exceptions to that requirement

apply to proceedings commenced in any territorial division pursuant to section 481, 481.1 or 481.2.

  • 1996, c. 31, s. 72

Rules of Court

Marginal note:Power to make rules

  • 482 (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.

  • Marginal note:Power to make rules

    (2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

    • (a) every court of criminal jurisdiction for a province;

    • (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1);

    • (c) the Ontario Court of Justice;

    • (d) the Court of Quebec and every municipal court in the Province of Quebec;

    • (e) the Provincial Court of Nova Scotia;

    • (f) the Provincial Court of New Brunswick;

    • (g) the Provincial Court of Manitoba;

    • (h) the Provincial Court of British Columbia;

    • (i) the Provincial Court of Prince Edward Island;

    • (j) the Provincial Court of Saskatchewan;

    • (k) the Provincial Court of Alberta;

    • (l) the Provincial Court of Newfoundland and Labrador;

    • (m) the Territorial Court of Yukon;

    • (n) the Territorial Court of the Northwest Territories; and

    • (o) the Nunavut Court of Justice.

  • Marginal note:Purpose of rules

    (3) Rules under subsection (1) or (2) may be made

    • (a) generally to regulate the duties of the officers of the court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of the law;

    • (b) to regulate the sittings of the court or any division thereof, or of any judge of the court sitting in chambers, except in so far as they are regulated by law;

    • (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and

    • (d) to carry out the provisions of this Act relating to appeals from conviction, acquittal or sentence and, without restricting the generality of this paragraph,

      • (i) for furnishing necessary forms and instructions in relation to notices of appeal or applications for leave to appeal to officials or other persons requiring or demanding them,

      • (ii) for ensuring the accuracy of notes taken at a trial and the verification of any copy or transcript,

      • (iii) for keeping writings, exhibits or other things connected with the proceedings on the trial,

      • (iv) for securing the safe custody of property during the period in which the operation of an order with respect to that property is suspended under subsection 689(1), and

      • (v) for providing that the Attorney General and counsel who acted for the Attorney General at the trial be supplied with certified copies of writings, exhibits and things connected with the proceedings that are required for the purposes of their duties.

  • Marginal note:Publication

    (4) Rules of court that are made under this section must be published or otherwise made available to the public.

  • Marginal note:Regulations to secure uniformity

    (5) Notwithstanding anything in this section, the Governor in Council may make such provision as he considers proper to secure uniformity in the rules of court in criminal matters, and all uniform rules made under the authority of this subsection prevail and have effect as if enacted by this Act.

  • R.S., 1985, c. C-46, s. 482
  • R.S., 1985, c. 27 (1st Supp.), s. 66
  • 1994, c. 44, s. 35
  • 2002, c. 13, s. 17
  • 2015, c. 3, s. 50
  • 2019, c. 25, s. 186

Marginal note:Power to make rules respecting case management

  • 482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

    • (a) for the determination of any matter that would assist the court in effective and efficient case management;

    • (b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and

    • (c) establishing case management schedules.

  • Marginal note:Compliance with directions

    (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1).

  • Marginal note:Summons or warrant

    (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings.

  • Marginal note:Provisions to apply

    (4) Sections 512 and 512.3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

  • Marginal note:Subsections 482(4) and (5) to apply

    (5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).

  • (6)[Repealed, 2019, c. 25, s. 187]

  • 2002, c. 13, s. 18
  • 2019, c. 25, s. 187

PART XV Special Procedure and Powers

General Powers of Certain Officials

Marginal note:Officials with powers of two justices

483  Every judge or provincial court judge authorized by the law of the province in which he is appointed to do anything that is required to be done by two or more justices may do alone anything that this Act or any other Act of Parliament authorizes two or more justices to do.

  • R.S., 1985, c. C-46, s. 483
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Preserving order in court

484  Every judge or provincial court judge has the same power and authority to preserve order in a court over which he presides as may be exercised by the superior court of criminal jurisdiction of the province during the sittings thereof.

  • R.S., 1985, c. C-46, s. 484
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Procedural irregularities

  • 485 (1) Jurisdiction over an offence is not lost by reason of the failure of any court, judge, provincial court judge or justice to act in the exercise of that jurisdiction at any particular time, or by reason of a failure to comply with any of the provisions of this Act respecting adjournments or remands.

  • Marginal note:When accused not appearing personally

    (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.1 permitting the accused not to appear personally apply.

  • Marginal note:Summons or warrant

    (2) Where jurisdiction over an accused or a defendant is lost and has not been regained, a court, judge, provincial court judge or justice may, within three months after the loss of jurisdiction, issue a summons, or if it or he considers it necessary in the public interest, a warrant for the arrest of the accused or defendant.

  • Marginal note:Dismissal for want of prosecution

    (3) Where no summons or warrant is issued under subsection (2) within the period provided therein, the proceedings shall be deemed to be dismissed for want of prosecution and shall not be recommenced except in accordance with section 485.1.

  • Marginal note:Adjournment and order

    (4) Where, in the opinion of the court, judge, provincial court judge or justice, an accused or a defendant who appears at a proceeding has been misled or prejudiced by reason of any matter referred to in subsection (1), the court, judge, provincial court judge or justice may adjourn the proceeding and may make such order as it or he considers appropriate.

  • Marginal note:Part XVI to apply

    (5) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (2).

  • R.S., 1985, c. C-46, s. 485
  • R.S., 1985, c. 27 (1st Supp.), s. 67
  • 1992, c. 1, s. 60(F)
  • 1997, c. 18, s. 40
  • 2002, c. 13, s. 19
  • 2019, c. 25, s. 188

Marginal note:Recommencement where dismissal for want of prosecution

485.1  Where an indictment in respect of a transaction is dismissed or deemed by any provision of this Act to be dismissed for want of prosecution, a new information shall not be laid and a new indictment shall not be preferred before any court in respect of the same transaction without

  • (a) the personal consent in writing of the Attorney General or Deputy Attorney General, in any prosecution conducted by the Attorney General or in which the Attorney General intervenes; or

  • (b) the written order of a judge of that court, in any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene.

  • R.S., 1985, c. 27 (1st Supp.), s. 67

Marginal note:Exclusion of public

  • 486 (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security.

  • Marginal note:Application

    (1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (2) In determining whether the order is in the interest of the proper administration of justice, the judge or justice shall consider

    • (a) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

    • (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;

    • (c) the ability of the witness to give a full and candid account of the acts complained of if the order were not made;

    • (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (e) the protection of justice system participants who are involved in the proceedings;

    • (f) whether effective alternatives to the making of the proposed order are available in the circumstances;

    • (g) the salutary and deleterious effects of the proposed order; and

    • (h) any other factor that the judge or justice considers relevant.

  • Marginal note:Reasons to be stated

    (3) If an accused is charged with an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

  • Marginal note:No adverse inference

    (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • R.S., 1985, c. C-46, s. 486
  • R.S., 1985, c. 27 (1st Supp.), s. 203, c. 19 (3rd Supp.), s. 14, c. 23 (4th Supp.), s. 1
  • 1992, c. 1, s. 60(F), c. 21, s. 9
  • 1993, c. 45, s. 7
  • 1997, c. 16, s. 6
  • 1999, c. 25, s. 2(Preamble)
  • 2001, c. 32, s. 29, c. 41, ss. 16, 34, 133
  • 2002, c. 13, s. 20
  • 2005, c. 32, s. 15, c. 43, ss. 4, 8
  • 2010, c. 3, s. 4
  • 2012, c. 1, s. 28
  • 2014, c. 25, s. 21
  • 2015, c. 13, s. 13, c. 20, s. 21
  • 2019, c. 25, s. 189

Marginal note:Support person — witnesses under 18 or who have a disability

  • 486.1 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness' choice be permitted to be present and to be close to the witness while the witness testifies, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

  • Marginal note:Other witnesses

    (2) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness' choice be permitted to be present and to be close to the witness while the witness testifies if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

  • Marginal note:Application

    (2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (3) In determining whether to make an order under subsection (2), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness' mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) the nature of any relationship between the witness and the accused;

    • (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (f) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (g) any other factor that the judge or justice considers relevant.

  • Marginal note:Witness not to be a support person

    (4) The judge or justice shall not permit a witness to be a support person unless the judge or justice is of the opinion that doing so is necessary for the proper administration of justice.

  • Marginal note:No communication while testifying

    (5) The judge or justice may order that the support person and the witness not communicate with each other while the witness testifies.

  • Marginal note:No adverse inference

    (6) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • 2005, c. 32, s. 15
  • 2015, c. 13, s. 14

Marginal note:Testimony outside court room — witnesses under 18 or who have a disability

  • 486.2 (1) Despite section 650, in any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused, unless the judge or justice is of the opinion that the order would interfere with the proper administration of justice.

  • Marginal note:Other witnesses

    (2) Despite section 650, in any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the court room or behind a screen or other device that would allow the witness not to see the accused if the judge or justice is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice.

  • Marginal note:Application

    (2.1) An application referred to in subsection (1) or (2) may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (3) In determining whether to make an order under subsection (2), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness' mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) the nature of any relationship between the witness and the accused;

    • (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (f) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;

    • (f.1) whether the order is needed to protect the witness's identity if they have had, have or will have responsibilities relating to national security or intelligence;

    • (g) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (h) any other factor that the judge or justice considers relevant.

  • Marginal note:Same procedure for determination

    (4) If the judge or justice is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect of that witness, the judge or justice shall order that the witness testify in accordance with that subsection.

  • Marginal note:Conditions of exclusion

    (5) A witness shall not testify outside the court room in accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

  • Marginal note:No adverse inference

    (6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (1) or (2).

  • 2005, c. 32, s. 15
  • 2014, c. 17, s. 12
  • 2015, c. 13, s. 15, c. 20, s. 38

Marginal note:Accused not to cross-examine witness under 18

  • 486.3 (1) In any proceedings against an accused, the judge or justice shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Accused not to cross-examine complainant  — certain offences

    (2) In any proceedings against an accused in respect of an offence under any of sections 264, 271, 272 and 273, the judge or justice shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused not personally cross-examine the witness, unless the judge or justice is of the opinion that the proper administration of justice requires the accused to personally conduct the cross-examination. If such an order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Other witnesses

    (3) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused not personally cross-examine the witness if the judge or justice is of the opinion that the order would allow the giving of a full and candid account from the witness of the acts complained of or would otherwise be in the interest of the proper administration of justice. If the order is made, the judge or justice shall appoint counsel to conduct the cross-examination.

  • Marginal note:Factors to be considered

    (4) In determining whether to make an order under subsection (3), the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness' mental or physical disabilities, if any;

    • (c) the nature of the offence;

    • (d) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (e) the nature of any relationship between the witness and the accused;

    • (f) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process; and

    • (g) any other factor that the judge or justice considers relevant.

  • Marginal note:Application

    (4.1) An application referred to in any of subsections (1) to (3) may be made during the proceedings to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:No adverse inference

    (5) No adverse inference may be drawn from the fact that counsel is, or is not, appointed under this section.

  • 2005, c. 32, s. 15
  • 2015, c. 13, s. 16

Marginal note:Non-disclosure of witness' identity

  • 486.31 (1) In any proceedings against an accused, the judge or justice may, on application of the prosecutor in respect of a witness, or on application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

  • Marginal note:Hearing may be held

    (2) The judge or justice may hold a hearing to determine whether the order should be made, and the hearing may be in private.

  • Marginal note:Factors to be considered

    (3) In determining whether to make the order, the judge or justice shall consider

    • (a) the right to a fair and public hearing;

    • (b) the nature of the offence;

    • (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation;

    • (d) whether the order is needed to protect the security of anyone known to the witness;

    • (e) whether the order is needed to protect the identity of a peace officer who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer;

    • (e.1) whether the order is needed to protect the witness's identity if they have had, have or will have responsibilities relating to national security or intelligence;

    • (f) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

    • (g) the importance of the witness' testimony to the case;

    • (h) whether effective alternatives to the making of the proposed order are available in the circumstances;

    • (i) the salutary and deleterious effects of the proposed order; and

    • (j) any other factor that the judge or justice considers relevant.

  • Marginal note:No adverse inference

    (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • 2015, c. 13, s. 17, c. 20, s. 38

Marginal note:Order restricting publication  — sexual offences

  • 486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

    • (a) any of the following offences:

      • (i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or

      • (ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

    • (b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).

  • Marginal note:Mandatory order on application

    (2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall

    • (a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and

    • (b) on application made by the victim, the prosecutor or any such witness, make the order.

  • Marginal note:Victim under 18  —  other offences

    (2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.

  • Marginal note:Mandatory order on application

    (2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall

    • (a) as soon as feasible, inform the victim of their right to make an application for the order; and

    • (b) on application of the victim or the prosecutor, make the order.

  • Marginal note:Child pornography

    (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

  • Marginal note:Limitation

    (4) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community.

  • 2005, c. 32, s. 15, c. 43, s. 8
  • 2010, c. 3, s. 5
  • 2012, c. 1, s. 29
  • 2014, c. 25, ss. 22, 48
  • 2015, c. 13, s. 18
  • 2019, c. 25, s. 190

Marginal note:Order restricting publication — victims and witnesses

  • 486.5 (1) Unless an order is made under section 486.4, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

  • Marginal note:Justice system participants

    (2) On application of the prosecutor in respect of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection (2.1), or on application of such a justice system participant, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

  • Marginal note:Offences

    (2.1) The offences for the purposes of subsection (2) are

    • (a) an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;

    • (b) a terrorism offence;

    • (c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; or

    • (d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).

  • Marginal note:Limitation

    (3) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.

  • Marginal note:Application and notice

    (4) An applicant for an order shall

    • (a) apply in writing to the presiding judge or justice or, if the judge or justice has not been determined, to a judge of a superior court of criminal jurisdiction in the judicial district where the proceedings will take place; and

    • (b) provide notice of the application to the prosecutor, the accused and any other person affected by the order that the judge or justice specifies.

  • Marginal note:Grounds

    (5) An applicant for an order shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.

  • Marginal note:Hearing may be held

    (6) The judge or justice may hold a hearing to determine whether an order should be made, and the hearing may be in private.

  • Marginal note:Factors to be considered

    (7) In determining whether to make an order, the judge or justice shall consider

    • (a) the right to a fair and public hearing;

    • (b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer harm if their identity were disclosed;

    • (c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

    • (d) society's interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

    • (e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

    • (f) the salutary and deleterious effects of the proposed order;

    • (g) the impact of the proposed order on the freedom of expression of those affected by it; and

    • (h) any other factor that the judge or justice considers relevant.

  • Marginal note:Conditions

    (8) An order may be subject to any conditions that the judge or justice thinks fit.

  • Marginal note:Publication prohibited

    (9) Unless the judge or justice refuses to make an order, no person shall publish in any document or broadcast or transmit in any way

    • (a) the contents of an application;

    • (b) any evidence taken, information given or submissions made at a hearing under subsection (6); or

    • (c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

  • 2005, c. 32, s. 15
  • 2015, c. 13, s. 19

Marginal note:Offence

  • 486.6 (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

  • Marginal note:Application of order

    (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order.

  • 2005, c. 32, s. 15
  • 2019, c. 13, s. 151

Marginal note:Security of witnesses

  • 486.7 (1) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made under any of sections 486 to 486.5, if the judge or justice is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of justice.

  • Marginal note:Application

    (2) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.

  • Marginal note:Factors to be considered

    (3) In determining whether to make the order, the judge or justice shall consider

    • (a) the age of the witness;

    • (b) the witness's mental or physical disabilities, if any;

    • (c) the right to a fair and public hearing;

    • (d) the nature of the offence;

    • (e) whether the witness needs the order to protect them from intimidation or retaliation;

    • (f) whether the order is needed to protect the security of anyone known to the witness;

    • (g) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

    • (h) the importance of the witness's testimony to the case;

    • (i) whether effective alternatives to the making of the proposed order are available in the circumstances;

    • (j) the salutary and deleterious effects of the proposed order; and

    • (k) any other factor that the judge or justice considers relevant.

  • Marginal note:No adverse inference

    (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

  • 2015, c. 20, s. 22

Marginal note:Information for search warrant

  • 487 (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place

    • (a) anything on or in respect of which any offence against this Act or any other Act of Parliament has been or is suspected to have been committed,

    • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament,

    • (c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, or

    • (c.1) any offence-related property,

    may at any time issue a warrant authorizing a peace officer or a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who is named in the warrant

    • (d) to search the building, receptacle or place for any such thing and to seize it, and

    • (e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.1.

  • Marginal note:Execution in Canada

    (2) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  • Marginal note:Operation of computer system and copying equipment

    (2.1) A person authorized under this section to search a computer system in a building or place for data may

    • (a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;

    • (b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

    • (c) seize the print-out or other output for examination or copying; and

    • (d) use or cause to be used any copying equipment at the place to make copies of the data.

  • Marginal note:Duty of person in possession or control

    (2.2) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search

    • (a) to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for;

    • (b) to obtain a hard copy of the data and to seize it; and

    • (c) to use or cause to be used any copying equipment at the place to make copies of the data.

  • Marginal note:Form

    (3) A search warrant issued under this section may be in the form set out as Form 5 in Part XXVIII, varied to suit the case.

  • (4)[Repealed, 2019, c. 25, s. 191]

  • R.S., 1985, c. C-46, s. 487
  • R.S., 1985, c. 27 (1st Supp.), s. 68
  • 1994, c. 44, s. 36
  • 1997, c. 18, s. 41, c. 23, s. 12
  • 1999, c. 5, s. 16
  • 2008, c. 18, s. 11
  • 2019, c. 25, s. 191

Marginal note:Information for general warrant

  • 487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if

    • (a) the judge is satisfied by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;

    • (b) the judge is satisfied that it is in the best interests of the administration of justice to issue the warrant; and

    • (c) there is no other provision in this or any other Act of Parliament that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.

  • Marginal note:Limitation

    (2) Nothing in subsection (1) shall be construed as to permit interference with the bodily integrity of any person.

  • Marginal note:Search or seizure to be reasonable

    (3) A warrant issued under subsection (1) shall contain such terms and conditions as the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

  • Marginal note:Video surveillance

    (4) A warrant issued under subsection (1) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

  • Marginal note:Other provisions to apply

    (5) The definition offence in section 183 and sections 183.1, 184.2, 184.3 and 185 to 188.2, subsection 189(5), and sections 190, 193 and 194 to 196 apply, with such modifications as the circumstances require, to a warrant referred to in subsection (4) as though references in those provisions to interceptions of private communications were read as references to observations by peace officers by means of television cameras or similar electronic devices of activities in circumstances in which persons had reasonable expectations of privacy.

  • Marginal note:Notice after covert entry

    (5.1) A warrant issued under subsection (1) that authorizes a peace officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (3), that notice of the entry and search be given within any time after the execution of the warrant that the judge considers reasonable in the circumstances.

  • Marginal note:Extension of period for giving notice

    (5.2) Where the judge who issues a warrant under subsection (1) or any other judge having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (5.1) is to be given, is satisfied that the interests of justice warrant the granting of the application, the judge may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

  • Marginal note:Execution in Canada

    (6) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • Marginal note:Telewarrant provisions to apply

    (7) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

  • 1993, c. 40, s. 15
  • 1997, c. 18, s. 42, c. 23, s. 13
  • 2019, c. 25, s. 192

Marginal note:Definitions

487.011  The following definitions apply in this section and in sections 487.012 to 487.0199.

computer data

computer data  has the same meaning as in subsection 342.1(2). (données informatiques)

data

data  means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

document

document  means a medium on which data is registered or marked. (document)

judge

judge  means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

public officer

public officer  means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament. (fonctionnaire public)

tracking data

tracking data  means data that relates to the location of a transaction, individual or thing. (données de localisation)

transmission data

transmission data  means data that

  • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

  • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

  • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Preservation demand

  • 487.012 (1) A peace officer or public officer may make a demand to a person in Form 5.001 requiring them to preserve computer data that is in their possession or control when the demand is made.

  • Marginal note:Conditions for making demand

    (2) The peace officer or public officer may make the demand only if they have reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state;

    • (b) in the case of an offence committed under a law of a foreign state, an investigation is being conducted by a person or authority with responsibility in that state for the investigation of such offences; and

    • (c) the computer data is in the person's possession or control and will assist in the investigation of the offence.

  • Marginal note:Limitation

    (3) A demand may not be made to a person who is under investigation for the offence referred to in paragraph (2)(a).

  • Marginal note:Expiry and revocation of demand

    (4) A peace officer or public officer may revoke the demand by notice given to the person at any time. Unless the demand is revoked earlier, the demand expires

    • (a) in the case of an offence that has been or will be committed under this or any other Act of Parliament, 21 days after the day on which it is made; and

    • (b) in the case of an offence committed under a law of a foreign state, 90 days after the day on which it is made.

  • Marginal note:Conditions in demand

    (5) The peace officer or public officer who makes the demand may impose any conditions in the demand that they consider appropriate  — including conditions prohibiting the disclosure of its existence or some or all of its contents  — and may revoke a condition at any time by notice given to the person.

  • Marginal note:No further demand

    (6) A peace officer or public officer may not make another demand requiring the person to preserve the same computer data in connection with the investigation.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Preservation order — computer data

  • 487.013 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to preserve computer data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.002

    • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament or has been committed under a law of a foreign state, that the computer data is in the person's possession or control and that it will assist in the investigation of the offence; and

    • (b) that a peace officer or public officer intends to apply or has applied for a warrant or an order in connection with the investigation to obtain a document that contains the computer data.

  • Marginal note:Offence against law of foreign state

    (3) If an offence has been committed under a law of a foreign state, the justice or judge must also be satisfied that a person or authority with responsibility in that state for the investigation of such offences is conducting the investigation.

  • Marginal note:Form

    (4) The order is to be in Form 5.003.

  • Marginal note:Limitation

    (5) A person who is under investigation for an offence referred to in paragraph (2)(a) may not be made subject to an order.

  • Marginal note:Expiry of order

    (6) Unless the order is revoked earlier, it expires 90 days after the day on which it is made.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:General production order

  • 487.014 (1) Subject to sections 487.015 to 487.018, on ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document containing data that is in their possession or control at that time.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the document or data is in the person's possession or control and will afford evidence respecting the commission of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.005.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order to trace specified communication

  • 487.015 (1) On ex parte application made by a peace officer or public officer for the purpose of identifying a device or person involved in the transmission of a communication, a justice or judge may order a person to prepare and produce a document containing transmission data that is related to that purpose and that is, when they are served with the order, in their possession or control.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament;

    • (b) the identification of a device or person involved in the transmission of a communication will assist in the investigation of the offence; and

    • (c) transmission data that is in the possession or control of one or more persons whose identity is unknown when the application is made will enable that identification.

  • Marginal note:Form

    (3) The order is to be in Form 5.006.

  • Marginal note:Service

    (4) A peace officer or public officer may serve the order on any person who was involved in the transmission of the communication and whose identity was unknown when the application was made

    • (a) within 60 days after the day on which the order is made; or

    • (b) within one year after the day on which the order is made, in the case of an offence under section 467.11, 467.12 or 467.13, an offence committed for the benefit of, at the direction of or in association with a criminal organization, or a terrorism offence.

  • Marginal note:Limitation

    (5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • Marginal note:Report

    (6) A peace officer or public officer named in the order must provide a written report to the justice or judge who made the order as soon as feasible after the person from whom the communication originated is identified or after the expiry of the period referred to in subsection (4), whichever occurs first. The report must state the name and address of each person on whom the order was served, and the date of service.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order — transmission data

  • 487.016 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing transmission data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the transmission data is in the person's possession or control and will assist in the investigation of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.007.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order —  tracking data

  • 487.017 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to prepare and produce a document containing tracking data that is in their possession or control when they receive the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the tracking data is in the person's possession or control and will assist in the investigation of the offence.

  • Marginal note:Form

    (3) The order is to be in Form 5.007.

  • Marginal note:Limitation

    (4) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.

  • 2004, c. 3, s. 7
  • 2014, c. 31, s. 20

Marginal note:Production order — financial data

  • 487.018 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, to prepare and produce a document setting out the following data that is in their possession or control when they receive the order:

    • (a) either the account number of a person named in the order or the name of a person whose account number is specified in the order;

    • (b) the type of account;

    • (c) the status of the account; and

    • (d) the date on which it was opened or closed.

  • Marginal note:Identification of person

    (2) For the purpose of confirming the identity of a person who is named or whose account number is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:

    • (a) the date of birth of a person who is named or whose account number is specified in the order;

    • (b) that person's current address; and

    • (c) any previous addresses of that person.

  • Marginal note:Conditions for making order

    (3) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to suspect that

    • (a) an offence has been or will be committed under this or any other Act of Parliament; and

    • (b) the data is in the possession or control of the institution, person or entity and will assist in the investigation of the offence.

  • Marginal note:Form

    (4) The order is to be in Form 5.008.

  • Marginal note:Limitation

    (5) A financial institution, person or entity that is under investigation for the offence referred to in subsection (3) may not be made subject to an order.

  • 2014, c. 31, s. 20

Marginal note:Conditions in preservation and production orders

  • 487.019 (1) An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014, conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

  • Marginal note:Effect of order

    (2) The order has effect throughout Canada.

  • Marginal note:Power to revoke or vary order

    (3) On ex parte application made by a peace officer or public officer, the justice or judge who made the order  —  or a judge in the judicial district where the order was made  —  may, on the basis of an information on oath in Form 5.0081, revoke or vary the order. The peace officer or public officer must give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

  • 2014, c. 31, s. 20
  • 2019, c. 25, s. 193

Marginal note:Order prohibiting disclosure

  • 487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 or a preservation or production order made under any of sections 487.013 to 487.018 during the period set out in the order.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the preservation demand or the preservation or production order relates.

  • Marginal note:Form

    (3) The order is to be in Form 5.0091.

  • Marginal note:Application to revoke or vary order

    (4) A peace officer or a public officer or a person, financial institution or entity that is subject to an order made under subsection (1) may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

  • 2014, c. 31, s. 20

Marginal note:Particulars — production orders

  • 487.0192 (1) An order made under any of sections 487.014 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order.

  • Marginal note:Particulars — production order to trace specified communication

    (2) An order made under section 487.015 must require a person to produce the document to a peace officer or public officer named in the order as soon as feasible after they are served with the order at the place and in the form specified in the order.

  • Marginal note:Form of production

    (3) For greater certainty, an order under any of sections 487.014 to 487.018 may specify that a document may be produced on or through an electro-magnetic medium.

  • Marginal note:Non-application

    (4) For greater certainty, sections 489.1 and 490 do not apply to a document that is produced under an order under any of sections 487.014 to 487.018.

  • Marginal note:Probative force of copies

    (5) Every copy of a document produced under section 487.014 is admissible in evidence in proceedings under this or any other Act of Parliament on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.

  • Marginal note: Canada Evidence Act

    (6) A document that is prepared for the purpose of production is considered to be original for the purposes of the Canada Evidence Act.

  • 2014, c. 31, s. 20

Marginal note:Application for review of production order

  • 487.0193 (1) Before they are required by an order made under any of sections 487.014 to 487.018 to produce a document, a person, financial institution or entity may apply in writing to the justice or judge who made the order  —  or to a judge in the judicial district where the order was made  —  to revoke or vary the order.

  • Marginal note:Notice required

    (2) The person, institution or entity may make the application only if they give notice of their intention to do so to a peace officer or public officer named in the order within 30 days after the day on which the order is made.

  • Marginal note:No obligation to produce

    (3) The person, institution or entity is not required to prepare or produce the document until a final decision is made with respect to the application.

  • Marginal note:Revocation or variation of order

    (4) The justice or judge may revoke or vary the order if satisfied that

    • (a) it is unreasonable in the circumstances to require the applicant to prepare or produce the document; or

    • (b) production of the document would disclose information that is privileged or otherwise protected from disclosure by law.

  • 2014, c. 31, s. 20

Marginal note:Destruction of preserved computer data and documents — preservation demand

  • 487.0194 (1) A person to whom a preservation demand is made under section 487.012 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the demand expires or is revoked, unless they are subject to an order made under any of sections 487.013 to 487.017 with respect to the computer data.

  • Marginal note:Destruction of preserved computer data and documents — preservation order

    (2) A person who is subject to a preservation order made under section 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the order expires or is revoked, unless they are subject to a new preservation order or to a production order made under any of sections 487.014 to 487.017 with respect to the computer data.

  • Marginal note:Destruction of preserved computer data and documents — production order

    (3) A person who is subject to a production order made under any of sections 487.014 to 487.017 with respect to computer data that they preserved under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section as soon as feasible after the earlier of

    • (a) the day on which the production order is revoked, and

    • (b) the day on which a document that contains the computer data is produced under the production order.

  • Marginal note:Destruction of preserved computer data and documents — warrant

    (4) Despite subsections (1) to (3), a person who preserved computer data under a preservation demand or order made under section 487.012 or 487.013 shall destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under that section when a document that contains the computer data is obtained under a warrant.

  • 2014, c. 31, s. 20

Marginal note:For greater certainty

  • 487.0195 (1) For greater certainty, no preservation demand, preservation order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing.

  • Marginal note:No civil or criminal liability

    (2) A person who preserves data or provides a document in those circumstances does not incur any criminal or civil liability for doing so.

  • 2014, c. 31, s. 20

Marginal note:Self-incrimination

487.0196  No one is excused from complying with an order made under any of sections 487.014 to 487.018 on the ground that the document that they are required to produce may tend to incriminate them or subject them to a proceeding or penalty. However, no document that an individual is required to prepare may be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137.

  • 2014, c. 31, s. 20

Marginal note:Offence — preservation demand

487.0197  A person who contravenes a preservation demand made under section 487.012 without lawful excuse is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $5,000.

  • 2014, c. 31, s. 20

Marginal note:Offence — preservation or production order

487.0198  A person, financial institution or entity that contravenes an order made under any of sections 487.013 to 487.018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • 2014, c. 31, s. 20
  • 2019, c. 25, s. 194

Marginal note:Offence — destruction of preserved data

487.0199  A person who contravenes section 487.0194 without lawful excuse is guilty of an offence punishable on summary conviction.

  • 2014, c. 31, s. 20

Marginal note:Assistance order

487.02  If an authorization is given under section 184.2, 184.3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person's assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.

  • 1993, c. 40, s. 15
  • 1997, c. 18, s. 43
  • 2014, c. 31, s. 20
  • 2019, c. 25, s. 195

Marginal note:Review

  • 487.021 (1) Within seven years after the coming into force of this section, a comprehensive review of the provisions and operation of sections 487.011 to 487.02 shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

  • Marginal note:Report

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

  • 2014, c. 31, s. 20

487.03 [Repealed, 2019, c. 25, s. 196]

Forensic DNA Analysis

Marginal note:Definitions

487.04  In this section and in sections 487.05 to 487.0911,

adult

adult  has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act; (adulte)

designated offence

designated offence  means a primary designated offence or a secondary designated offence; (infraction désignée)

DNA

DNA  means deoxyribonucleic acid; (ADN)

forensic DNA analysis

forensic DNA analysis

  • (a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and

  • (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or to a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance; (analyse génétique)

primary designated offence

primary designated offence  means

  • (a) an offence under any of the following provisions, namely,

    • (i) subsection 7(4.1) (offence in relation to sexual offences against children),

    • (i.1) section 151 (sexual interference),

    • (i.2) section 152 (invitation to sexual touching),

    • (i.3) section 153 (sexual exploitation),

    • (i.4) section 153.1 (sexual exploitation of person with disability),

    • (i.5) section 155 (incest),

    • (i.6) subsection 160(2) (compelling the commission of bestiality),

    • (i.7) subsection 160(3) (bestiality in presence of or by a child),

    • (i.8) section 163.1 (child pornography),

    • (i.9) section 170 (parent or guardian procuring sexual activity),

    • (i.901) section 171.1 (making sexually explicit material available to child),

    • (i.91) section 172.1 (luring a child),

    • (i.911) section 172.2 (agreement or arrangement — sexual offence against child),

    • (i.92) subsection 173(2) (exposure),

    • (i.93) to (i.96)[Repealed, 2014, c. 25, s. 23]

    • (ii) section 235 (murder),

    • (iii) section 236 (manslaughter),

    • (iv) section 239 (attempt to commit murder),

    • (v) section 244 (discharging firearm with intent),

    • (vi) section 244.1 (causing bodily harm with intent — air gun or pistol),

    • (vi.1) section 244.2 (discharging firearm — recklessness),

    • (vii) paragraph 245(a) (administering noxious thing with intent to endanger life or cause bodily harm),

    • (viii) section 246 (overcoming resistance to commission of offence),

    • (ix) section 267 (assault with a weapon or causing bodily harm),

    • (x) section 268 (aggravated assault),

    • (xi) section 269 (unlawfully causing bodily harm),

    • (xi.1) section 270.01 (assaulting peace officer with weapon or causing bodily harm),

    • (xi.2) section 270.02 (aggravated assault of peace officer),

    • (xi.3) section 271 (sexual assault),

    • (xii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

    • (xiii) section 273 (aggravated sexual assault),

    • (xiii.1) subsection 273.3(2) (removal of a child from Canada),

    • (xiv) section 279 (kidnapping),

    • (xiv.1) section 279.011 (trafficking — person under 18 years),

    • (xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

    • (xiv.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

    • (xiv.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

    • (xiv.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

    • (xiv.6) subsection 286.3(2) (procuring — person under 18 years),

    • (xv) section 344 (robbery), and

    • (xvi) section 346 (extortion),

  • (a.1) an offence under any of the following provisions, namely,

    • (i) section 75 (piratical acts),

    • (i.01) section 76 (hijacking),

    • (i.02) section 77 (endangering safety of aircraft or airport),

    • (i.03) section 78.1 (seizing control of ship or fixed platform),

    • (i.04) subsection 81(1) (using explosives),

    • (i.041) section 82.3 (possession, etc., of nuclear material, radioactive material or device),

    • (i.042) section 82.4 (use or alteration of nuclear material, radioactive material or device),

    • (i.043) section 82.5 (commission of indictable offence to obtain nuclear material, etc.),

    • (i.044) section 82.6 (threats),

    • (i.05) section 83.18 (participation in activity of terrorist group),

    • (i.051) section 83.181 (leaving Canada to participate in activity of terrorist group),

    • (i.06) section 83.19 (facilitating terrorist activity),

    • (i.061) section 83.191 (leaving Canada to facilitate terrorist activity),

    • (i.07) section 83.2 (commission of offence for terrorist group),

    • (i.071) section 83.201 (leaving Canada to commit offence for terrorist group,

    • (i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity),

    • (i.08) section 83.21 (instructing to carry out activity for terrorist group),

    • (i.09) section 83.22 (instructing to carry out terrorist activity),

    • (i.091) section 83.221 (counselling commission of terrorism offence),

    • (i.1) section 83.23 (harbouring or concealing),

    • (i.11) to (iii.1)[Repealed, 2010, c. 17, s. 3]

    • (iv)[Repealed, 2014, c. 25, s. 23]

    • (iv.1) to (iv.5)[Repealed, 2010, c. 17, s. 3]

    • (v)[Repealed, 2014, c. 25, s. 23]

    • (v.1) and (v.2)[Repealed, 2010, c. 17, s. 3]

    • (vi) section 233 (infanticide),

    • (vii)[Repealed, 2010, c. 17, s. 3]

    • (vii.1) section 279.01 (trafficking in persons),

    • (vii.11) subsection 279.02(1) (material benefit — trafficking),

    • (vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

    • (viii) section 279.1 (hostage taking),

    • (viii.1) subsection 286.2(1) (material benefit from sexual services),

    • (viii.2) subsection 286.3(1) (procuring),

    • (ix) paragraph 348(1)(d) (breaking and entering a dwelling-house),

    • (x) section 423.1 (intimidation of a justice system participant or journalist),

    • (xi) section 431 (attack on premises, residence or transport of internationally protected person),

    • (xii) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),

    • (xiii) subsection 431.2(2) (explosive or other lethal device),

    • (xiv) section 467.11 (participation in activities of criminal organization),

    • (xiv.1) section 467.111 (recruitment of members — criminal organization),

    • (xv) section 467.12 (commission of offence for criminal organization), and

    • (xvi) section 467.13 (instructing commission of offence for criminal organization),

    • (xvi.1) to (xx) [Repealed, 2005, c. 25, s. 1]

  • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

    • (i) section 144 (rape),

    • (i.1) section 145 (attempt to commit rape),

    • (ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen),

    • (iii) section 148 (sexual intercourse with feeble-minded, etc.),

    • (iv) section 149 (indecent assault on female),

    • (v) section 156 (indecent assault on male),

    • (vi) section 157 (acts of gross indecency), and

    • (vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

    • (i) subsection 146(1) (sexual intercourse with a female under age of 14),

    • (ii) subsection 146(2) (sexual intercourse with a female between ages of 14 and 16),

    • (iii) section 153 (sexual intercourse with step-daughter),

    • (iv) section 157 (gross indecency),

    • (v) section 166 (parent or guardian procuring defilement), and

    • (vi) section 167 (householder permitting defilement),

  • (c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

    • (i) section 246.1 (sexual assault),

    • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

    • (iii) section 246.3 (aggravated sexual assault),

  • (c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

    • (i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

    • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

    • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

    • (iv) subsection 212(4) (prostitution of person under 18 years),

  • (c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force,

  • (c.1) an offence under any of the following provisions of the Security of Information Act, namely,

    • (i) section 6 (approaching, entering, etc., a prohibited place),

    • (ii) subsection 20(1) (threats or violence), and

    • (iii) subsection 21(1) (harbouring or concealing), and

  • (d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03); (infraction primaire)

provincial court judge

provincial court judge , in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act; (juge de la cour provinciale)

secondary designated offence

secondary designated offence  means an offence, other than a primary designated offence, that is

  • (a) an offence under this Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more,

  • (a.1) an offence under any of the following provisions of the Cannabis Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

    • (i) section 9 (distribution and possession for purpose of distributing),

    • (ii) section 10 (selling and possession for purpose of selling),

    • (iii) section 11 (importing and exporting and possession for purpose of exporting),

    • (iv) section 12 (production),

    • (v) section 13 (possession, etc., for use in production or distribution of illicit cannabis), and

    • (vi) section 14 (use of young person),

  • (b) an offence under any of the following provisions of the Controlled Drugs and Substances Act that may be prosecuted by indictment — or, for section 487.051 to apply, is prosecuted by indictment — for which the maximum punishment is imprisonment for five years or more:

    • (i) section 5 (trafficking in substance and possession for purpose of trafficking),

    • (ii) section 6 (importing and exporting), and

    • (iii) section 7 (production of substance),

  • (c) an offence under any of the following provisions of this Act:

    • (i) subsection 52(1) (sabotage),

    • (i.001) subsection 57(3) (possession of a forged passport),

    • (i.002) section 62 (offences in relation to military forces),

    • (i.003) subsection 65(2) (riot — concealing identity),

    • (i.004) subsection 70(3) (contravening order made by governor in council),

    • (i.005) subsection 82(1) (explosives, possession without lawful excuse),

    • (i.006) subsection 121(1) (frauds on the government),

    • (i.007) subsection 121(2) (contractor subscribing to election fund),

    • (i.008) section 122 (breach of trust by public officer),

    • (i.009) subsection 123(1) (municipal corruption),

    • (i.01) subsection 123(2) (influencing municipal official),

    • (i.011) section 124 (selling or purchasing office),

    • (i.012) section 125 (influencing or negotiating appointments or dealings in offices),

    • (i.013) subsection 139(2) (obstructing justice),

    • (i.014) section 142 (corruptly taking reward for recovery of goods),

    • (i.015) section 144 (prison breach),

    • (i.016) section 145 (escape and being at large without excuse),

    • (i.1) section 146 (permitting or assisting escape),

    • (i.2) section 147 (rescue or permitting escape),

    • (i.3) section 148 (assisting prisoner of war to escape),

    • (i.4) and (ii)[Repealed, 2010, c. 17, s. 3]

    • (iii) subsection 173(1) (indecent acts),

    • (iv) section 182 (dead body — neglect to perform duty, improper or indecent interference with),

    • (iv.1) section 184 (interception of private communication),

    • (iv.2) section 184.5 (interception of radio-based telephone communications),

    • (iv.3) section 221 (cause bodily harm by criminal negligence),

    • (iv.4) section 237 (infanticide),

    • (iv.5) section 242 (neglect to obtain assistance in child-birth),

    • (iv.6) subsection 247(1) (traps likely to cause bodily harm),

    • (iv.7) subsection 247(2) (traps — causing bodily harm),

    • (iv.8) subsection 247(3) (traps — in a place kept or used for committing other indictable offence),

    • (iv.9) section 262 (impeding attempt to save life),

    • (v) section 264 (criminal harassment),

    • (vi) section 264.1 (uttering threats),

    • (vii) section 266 (assault),

    • (viii) section 270 (assaulting a peace officer),

    • (viii.01) section 280 (abduction of person under 16),

    • (viii.02) section 281 (abduction of person under 14),

    • (viii.1) subsection 286.1(1) (obtaining sexual services for consideration),

    • (viii.11) section 291 (bigamy),

    • (viii.12) section 292 (procuring feigned marriage),

    • (viii.13) section 293 (polygamy),

    • (viii.14) section 293.1 (forced marriage),

    • (viii.15) section 293.2 (marriage under age of 16 years),

    • (viii.16) section 300 (publishing defamatory libel known to be false),

    • (viii.17) section 302 (extortion by libel),

    • (viii.2) subsection 320.16(1) (failure to stop after accident),

    • (viii.21) paragraph 334(a) (theft over $5,000 or testamentary instrument),

    • (viii.22) section 338 (fraudulently taking cattle or defacing brand),

    • (viii.23) subsection 339(1) (take possession of drift timber, etc.),

    • (viii.24) section 340 (destroying documents of title),

    • (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

    • (x) section 349 (being unlawfully in dwelling-house),

    • (x.1) subsection 351(2) (disguise with intent),

    • (x.11) paragraph 355(a) (possession of property over $5,000 or testamentary instrument),

    • (x.12) section 357 (bring into Canada property obtained by crime),

    • (x.13) paragraph 362(2)(a) (false pretence, property over $5,000 or testamentary instrument),

    • (x.14) subsection 362(3) (obtain credit, etc. by false pretence),

    • (x.15) section 363 (obtain execution of valuable security by fraud),

    • (x.16) subsection 377(1) (damaging documents),

    • (x.17) section 378 (offences in relation to registers),

    • (x.18) section 382 (manipulation of stock exchange),

    • (x.19) subsection 382.1(1) (prohibited insider trading),

    • (x.2) section 383 (gaming in stocks or merchandise),

    • (x.21) section 384 (broker reducing stock by selling his own account),

    • (x.22) section 386 (fraudulent registration of title),

    • (x.23) section 394 (fraud in relation to minerals),

    • (x.24) section 394.1 (possession of stolen minerals),

    • (x.25) section 396 (offences in relation to mines),

    • (x.26) section 397 (falsification of books and documents),

    • (x.27) section 399 (false return by public officer),

    • (x.28) section 400 (false prospectus),

    • (x.29) section 405 (acknowledging instrument in false name),

    • (xi) section 423 (intimidation),

    • (xi.1) section 424 (threat against an internationally protected person),

    • (xi.11) section 424.1 (threat against United Nations or associated personnel),

    • (xi.12) section 426 (secret commissions),

    • (xi.13) section 435 (arson for fraudulent purpose),

    • (xi.14) section 436 (arson by negligence),

    • (xi.15) section 436.1 (possession incendiary material),

    • (xi.16) subsection 438(1) (interfering with saving of a wrecked vessel),

    • (xi.17) subsection 439(2) (interfering with a marine signal),

    • (xi.18) section 441 (occupant injuring building),

    • (xi.19) section 443 (interfering with international boundary marks, etc.),

    • (xi.2) section 451 (having clippings, etc.),

    • (xi.21) section 460 (advertising and dealing in counterfeit money),

    • (xi.22) subparagraphs 465(1)(b)(i) and (ii) (conspiracy to prosecute),

    • (xi.23) section 753.3 (breach of long-term supervision),

  • (d) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990:

    • (i) section 433 (arson), and

    • (ii) section 434 (setting fire to other substance),

  • (d.1) an offence under section 252, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force,

  • (d.2) an offence under any of sections 249, 249.1, 249.2, 249.3, 249.4, 253, 254 and 255, as they read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, that may be prosecuted by indictment or, for section 487.051 to apply, is prosecuted by indictment, and

  • (e) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit

    • (i) an offence referred to in paragraph (a) or (b) — which, for section 487.051 to apply, is prosecuted by indictment, or

    • (ii) an offence referred to in any of paragraphs (c) to (d.2); (infraction secondaire)

Young Offenders Act

Young Offenders Act  means chapter Y-1 of the Revised Statutes of Canada, 1985; ( Loi sur les jeunes contrevenants )

young person

young person  has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act or subsection 2(1) of the Young Offenders Act, as the case may be. (adolescent)

  • 1995, c. 27, s. 1
  • 1998, c. 37, s. 15
  • 2001, c. 41, s. 17
  • 2002, c. 1, s. 175
  • 2005, c. 25, s. 1, c. 43, ss. 5, 9
  • 2007, c. 22, ss. 2, 8, 47
  • 2008, c. 6, ss. 35, 63
  • 2009, c. 22, s. 16
  • 2010, c. 3, s. 6, c. 17, s. 3
  • 2012, c. 1, s. 30
  • 2013, c. 9, s. 16, c. 13, s. 8
  • 2014, c. 17, s. 13, c. 25, s. 23
  • 2015, c. 20, s. 23
  • 2018, c. 16, s. 216, c. 21, s. 18
  • 2019, c. 13, s. 152
  • 2019, c. 25, s. 196.1

Marginal note:Information for warrant to take bodily substances for forensic DNA analysis

  • 487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe

    • (a) that a designated offence has been committed,

    • (b) that a bodily substance has been found or obtained

      • (i) at the place where the offence was committed,

      • (ii) on or within the body of the victim of the offence,

      • (iii) on anything worn or carried by the victim at the time when the offence was committed, or

      • (iv) on or within the body of any person or thing or at any place associated with the commission of the offence,

    • (c) that a person was a party to the offence, and

    • (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person

    and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

  • Marginal note:Criteria

    (2) In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including

    • (a) the nature of the designated offence and the circumstances of its commission; and

    • (b) whether there is

      • (i) a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or

      • (ii) another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures.

  • Marginal note:Telewarrant

    (3) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

  • Marginal note:Execution in Canada

    (4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • 1995, c. 27, s. 1
  • 1997, c. 18, s. 44
  • 1998, c. 37, s. 16
  • 2005, c. 25, s. 2(F)
  • 2019, c. 25, s. 197

Marginal note:Order — primary designated offences

  • 487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraphs (a) and (c.02) of the definition primary designated offence in section 487.04 when the person is sentenced or discharged.

  • Marginal note:Order  —  primary designated offences

    (2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (c.01) and (c.03) to (d) of the definition primary designated offence in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

  • Marginal note:Order — persons found not criminally responsible and secondary designated offences

    (3) The court may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of justice to do so, make such an order in Form 5.04 in relation to

    • (a) a person who is found not criminally responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or

    • (b) a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced or discharged.

    In deciding whether to make the order, the court shall consider the person's criminal record, whether they were previously found not criminally responsible on account of mental disorder for a designated offence, the nature of the offence, the circumstances surrounding its commission and the impact such an order would have on the person's privacy and security of the person and shall give reasons for its decision.

  • Marginal note:Order to offender

    (4) When the court makes an order authorizing the taking of samples of bodily substances, it may make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

  • 1998, c. 37, s. 17
  • 2002, c. 1, s. 176
  • 2005, c. 25, s. 3
  • 2007, c. 22, ss. 9, 47
  • 2014, c. 25, s. 24

487.052 [Repealed, 2007, c. 22, s. 3]

Marginal note:Timing of order

  • 487.053 (1) The court may make an order under section 487.051 authorizing the taking of samples of bodily substances when it imposes a sentence on a person, finds the person not criminally responsible on account of mental disorder or directs that they be discharged under section 730.

  • Marginal note:Hearing

    (2) If the court does not consider the matter at that time, it

    • (a) shall, within 90 days after the day on which it imposes the sentence, makes the finding or directs that the person be discharged, set a date for a hearing to do so;

    • (b) retains jurisdiction over the matter; and

    • (c) may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • 1998, c. 37, s. 17
  • 2000, c. 10, s. 14
  • 2005, c. 25, s. 4
  • 2007, c. 22, s. 3
  • 2019, c. 25, s. 198

Marginal note:Appeal

487.054  The offender or the prosecutor may appeal from a decision of the court under any of subsections 487.051(1) to (3).

  • 1998, c. 37, s. 17
  • 2007, c. 22, s. 10

Marginal note:Offenders serving sentences

  • 487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), from a person who, before June 30, 2000,

    • (a) had been declared a dangerous offender under Part XXIV;

    • (b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988;

    • (c) had been convicted of murder;

    • (c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, is serving a sentence of imprisonment for that offence;

    • (d) had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment for that offence; or

    • (e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment for that offence.

  • Marginal note:Certificate

    (2) The application shall be accompanied by a certificate referred to in paragraph 667(1)(a) that establishes that the person is a person referred to in subsection (1). The certificate may be received in evidence without giving the notice referred to in subsection 667(4).

  • Definition of sexual offence

    (3) For the purposes of subsection (1), sexual offence means

    • (a) an offence under any of the following provisions, namely,

      • (i) section 151 (sexual interference),

      • (ii) section 152 (invitation to sexual touching),

      • (iii) section 153 (sexual exploitation),

      • (iv) section 155 (incest),

      • (v) subsection 212(4) (offence in relation to juvenile prostitution),

      • (vi) section 271 (sexual assault),

      • (vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

      • (viii) section 273 (aggravated sexual assault);

    • (a.1) an offence under subsection 348(1) if the indictable offence referred to in that subsection is a sexual offence within the meaning of paragraph (a), (b), (c) or (d);

    • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

      • (i) section 144 (rape),

      • (ii) section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen),

      • (iii) section 148 (sexual intercourse with feeble-minded, etc.),

      • (iv) section 149 (indecent assault on female),

      • (v) section 156 (indecent assault on male), or

      • (vi) section 157 (acts of gross indecency);

    • (c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and

    • (d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).

  • Marginal note:Manner of appearance

    (3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Criteria

    (3.1) In deciding whether to grant an authorization under subsection (1), the court shall consider the person's criminal record, the nature of the offence and the circumstances surrounding its commission and the impact such an authorization would have on the privacy and security of the person and shall give reasons for its decision.

  • Marginal note:Order

    (3.11) If the court authorizes the taking of samples of bodily substances from a person who is on conditional release and who has appeared at the hearing, it shall make an order in Form 5.041 to require the person to report at the place, day and time set out in the order and submit to the taking of the samples.

  • Marginal note:Summons

    (4) However, if a person who is on conditional release has not appeared at the hearing, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to them requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples.

  • Marginal note:Service on individual

    (5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.

  • (6)[Repealed, 2008, c. 18, s. 13]

  • (7) to (10) [Repealed, 2007, c. 22, s. 11]

  • 1998, c. 37, s. 17
  • 2000, c. 10, s. 15
  • 2005, c. 25, s. 5
  • 2007, c. 22, s. 11
  • 2008, c. 18, s. 13
  • 2019, c. 25, s. 199

Marginal note:Failure to appear

  • 487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

  • Marginal note:Execution of warrant

    (2) The warrant may be executed anywhere in Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed.

  • 2007, c. 22, s. 12

Marginal note:Failure to comply with order or summons

  • 487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:For greater certainty

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

  • 2007, c. 22, s. 12

Marginal note:When collection to take place

  • 487.056 (1) Samples of bodily substances shall be taken as authorized under section 487.051

    • (a) at the place, day and time set out in an order made under subsection 487.051(4) or as soon as feasible afterwards; or

    • (b) in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards.

  • Marginal note:When collection to take place

    (2) Samples of bodily substances shall be taken as authorized under section 487.055 or 487.091

    • (a) at the place, day and time set out in an order made under subsection 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3) or as soon as feasible afterwards; or

    • (b) in any other case, as soon as feasible after the authorization is granted.

  • Marginal note:When collection to take place

    (3) If a person fails to appear as required by an order made under subsection 487.051(4) or 487.055(3.11) or a summons referred to in subsection 487.055(4) or 487.091(3), samples of bodily substances shall be taken

    • (a) when the person is arrested under a warrant issued under subsection 487.0551(1) or as soon as feasible afterwards; or

    • (b) as soon as feasible after the person appears at the place set out in the order or summons if no warrant is issued.

  • Marginal note:Appeal

    (4) Subsections (1) to (3) apply even if the order or authorization to take the samples of bodily substances is appealed.

  • Marginal note:Collection of samples

    (5) A peace officer who is authorized under section 487.051, 487.055 or 487.091 to take samples of bodily substances may cause the samples to be taken in any place in Canada in which the person who is subject to the order or authorization is located.

  • Marginal note:Who collects samples

    (6) The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them.

  • 1998, c. 37, s. 17
  • 2000, c. 10, s. 16
  • 2002, c. 1, s. 179(E)
  • 2005, c. 25, s. 6
  • 2007, c. 22, s. 13

Marginal note:Report of peace officer

  • 487.057 (1) A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in Form 5.07 and cause the report to be filed with

    • (a) the provincial court judge who issued the warrant under section 487.05 or granted the authorization under section 487.055 or 487.091 or another judge of that provincial court; or

    • (b) the court that made the order under section 487.051.

  • Marginal note:Contents of report

    (2) The report shall include

    • (a) a statement of the time and date the samples were taken; and

    • (b) a description of the bodily substances that were taken.

  • Marginal note:Copy of report

    (3) A peace officer who takes the samples or causes the samples to be taken under their direction at the request of another peace officer shall send a copy of the report to the other peace officer unless that other peace officer had jurisdiction to take the samples.

  • 1998, c. 37, s. 17
  • 2000, c. 10, s. 17
  • 2007, c. 22, s. 14

Marginal note:No criminal or civil liability

487.058  No peace officer, and no person acting under a peace officer's direction, incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091.

  • 1998, c. 37, s. 17
  • 2000, c. 10, s. 18
  • 2007, c. 22, s. 15

Marginal note:Investigative procedures

  • 487.06 (1) A peace officer or a person acting under a peace officer's direction is authorized by a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091 to take samples of bodily substances by any of the following means:

    • (a) the plucking of individual hairs from the person, including the root sheath;

    • (b) the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or

    • (c) the taking of blood by pricking the skin surface with a sterile lancet.

  • Marginal note:Terms and conditions

    (2) The warrant, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.

  • Marginal note:Fingerprints

    (3) A peace officer who is authorized to take samples of bodily substances from a person by an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, or a person acting under their direction, may take fingerprints from the person for the purpose of the DNA Identification Act.

  • 1995, c. 27, s. 1
  • 1998, c. 37, s. 18
  • 2000, c. 10, s. 19
  • 2007, c. 22, s. 16

Marginal note:Duty to inform

  • 487.07 (1) Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 487.05 or an order made under section 487.051 or under an authorization granted under section 487.055 or 487.091, a peace officer shall inform the person of

    • (a) the contents of the warrant, order or authorization;

    • (b) the nature of the investigative procedures by means of which the samples are to be taken;

    • (c) the purpose of taking the samples;

    • (d) the authority of the peace officer and any other person under the direction of the peace officer to use as much force as is necessary for the purpose of taking the samples; and

    • (d.1)[Repealed, 2000, c. 10, s. 20]

    • (e) in the case of samples of bodily substances taken in execution of a warrant,

      • (i) the possibility that the results of forensic DNA analysis may be used in evidence, and

      • (ii) if the sample is taken from a young person, the rights of the young person under subsection (4).

  • Marginal note:Detention of person

    (2) A person from whom samples of bodily substances are to be taken may

    • (a) be detained for that purpose for a period that is reasonable in the circumstances; and

    • (b) be required to accompany a peace officer for that purpose.

  • Marginal note:Respect of privacy

    (3) A peace officer who takes samples of bodily substances from a person, or a person who takes such samples under the direction of a peace officer, shall ensure that the person's privacy is respected in a manner that is reasonable in the circumstances.

  • Marginal note:Execution of warrant against young person

    (4) A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant,

    • (a) the right to a reasonable opportunity to consult with, and

    • (b) the right to have the warrant executed in the presence of

    counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person.

  • Marginal note:Waiver of rights of young person

    (5) A young person may waive his or her rights under subsection (4) but any such waiver

    • (a) must be recorded on audio tape or video tape or otherwise; or

    • (b) must be made in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.

  • 1995, c. 27, ss. 1, 3
  • 1998, c. 37, s. 19
  • 2000, c. 10, s. 20
  • 2007, c. 22, s. 17

Marginal note:Verification

  • 487.071 (1) Before taking samples of bodily substances from a person under an order made under section 487.051 or an authorization granted under section 487.055 or 487.091, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person's DNA profile.

  • Marginal note:DNA profile in data bank

    (2) If the person's DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall

    • (a) confirm in writing on the order or authorization that he or she has been advised that the person's DNA profile is in the DNA data bank; and

    • (b) transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:DNA profile not in data bank

    (3) If the person's DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner of the Royal Canadian Mounted Police

    • (a) any bodily substances taken; and

    • (b) a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act.

  • 1998, c. 37, s. 20
  • 2000, c. 10, s. 21
  • 2005, c. 25, s. 8
  • 2007, c. 22, s. 18

Marginal note:Use of bodily substances — warrant

  • 487.08 (1) No person shall use bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except to use them for the purpose of forensic DNA analysis in the course of an investigation of a designated offence.

  • Marginal note:Use of bodily substances — order, authorization

    (1.1) No person shall use bodily substances that are taken in execution of an order made under section 487.051 of this Act or section 196.14 of the National Defence Act, or under an authorization granted under section 487.055 or 487.091 of this Act or section 196.24 of the National Defence Act, except to transmit them to the Commissioner of the Royal Canadian Mounted Police for the purpose of forensic DNA analysis in accordance with the DNA Identification Act.

  • Marginal note:Use of results — warrant

    (2) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except

    • (a) in the course of an investigation of the designated offence or any other designated offence in respect of which a warrant was issued or a bodily substance was found in the circumstances described in paragraph 487.05(1)(b) or in paragraph 196.12(1)(b) of the National Defence Act; or

    • (b) in any proceeding for such an offence.

  • (2.1)[Repealed, 2005, c. 25, s. 9]

  • Marginal note:Offence

    (3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1.1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • 1995, c. 27, s. 1
  • 1998, c. 37, s. 21
  • 2000, c. 10, s. 22
  • 2005, c. 25, s. 9
  • 2007, c. 22, s. 19
  • 2019, c. 25, s. 200

Marginal note:Destruction of bodily substances, etc. — warrant

  • 487.09 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 487.05 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after

    • (a) the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person;

    • (b) the person is finally acquitted of the designated offence and any other offence in respect of the same transaction; or

    • (c) the expiration of one year after

      • (i) the person is discharged after a preliminary inquiry into the designated offence or any other offence in respect of the same transaction,

      • (ii) the dismissal, for any reason other than acquittal, or the withdrawal of any information charging the person with the designated offence or any other offence in respect of the same transaction, or

      • (iii) any proceeding against the person for the offence or any other offence in respect of the same transaction is stayed under section 579 or under that section as applied by section 572 or 795,

      unless during that year a new information is laid or an indictment is preferred charging the person with the designated offence or any other offence in respect of the same transaction or the proceeding is recommenced.

  • Marginal note:Exception

    (2) A provincial court judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.

  • Marginal note:Destruction of bodily substances, etc., voluntarily given

    (3) Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person.

  • 1995, c. 27, s. 1
  • 1998, c. 37, s. 22

Marginal note:Collection of additional bodily substances

  • 487.091 (1) A provincial court judge may, on ex parte application made in Form 5.08, authorize in Form 5.09 the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if

    • (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 487.051 or an authorization granted under section 487.055; or

    • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost.

  • Marginal note:Reasons

    (2) The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the information or bodily substances were not transmitted in accordance with the regulations or were lost.

  • Marginal note:Persons not in custody

    (3) If the court authorizes the taking of samples of bodily substances from a person who is not in custody, a summons in Form 5.061 setting out the information referred to in paragraphs 487.07(1)(b) to (d) shall be directed to the person requiring them to report at the place, day and time set out in the summons and submit to the taking of the samples. Subsections 487.055(5) and (6) apply, with any modifications that the circumstances require.

  • 1998, c. 37, s. 23
  • 2000, c. 10, s. 23
  • 2005, c. 25, s. 10
  • 2007, c. 22, s. 20

Marginal note:Review by Attorney General

  • 487.0911 (1) On receipt of a notice from the Commissioner of the Royal Canadian Mounted Police under subsection 5.2(1) of the DNA Identification Act that an order made under section 487.051 or an authorization granted under section 487.091 appears to be defective, the Attorney General shall review the order or authorization and the court record.

  • Marginal note:Clerical error

    (2) If the Attorney General is of the opinion that the defect is due to a clerical error, the Attorney General shall

    • (a) apply, ex parte, to the judge who made the order or authorization, or to a judge of the same court, to have it corrected; and

    • (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner.

  • Marginal note:Substantive defect

    (3) If the Attorney General is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Attorney General shall inform the Commissioner of that opinion.

  • Marginal note:No defect

    (4) If the Attorney General is of the opinion that the offence referred to in the order or authorization is a designated offence, the Attorney General shall transmit that opinion, with written reasons, to the Commissioner.

  • 2005, c. 25, s. 11
  • 2007, c. 22, s. 21

Marginal note:Information for impression warrant

  • 487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied

    • (a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and

    • (b) that it is in the best interests of the administration of justice to issue the warrant.

  • Marginal note:Search or seizure to be reasonable

    (2) A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

  • Marginal note:Execution in Canada

    (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

  • Marginal note:Telewarrant

    (4) Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

  • 1997, c. 18, s. 45
  • 1998, c. 37, s. 23
  • 2019, c. 25, s. 201

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders

Marginal note:Telewarrants

  • 487.1 (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

  • Marginal note:Information submitted by telephone

    (2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

  • Marginal note:Information submitted by other means of telecommunication

    (2.1) The justice who receives an information submitted by a means of telecommunication that produces a writing shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice as to time and date of receipt.

  • Marginal note:Administration of oath

    (3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

  • Marginal note:Alternative to oath

    (3.1) A peace officer who uses a means of telecommunication referred to in subsection (2.1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath.

  • Marginal note:Contents of information

    (4) An information submitted by telephone or other means of telecommunication shall include

    • (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;

    • (b) a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

    • (c) a statement of the peace officer's grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and

    • (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

  • Marginal note:Issuing warrant

    (5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication

    • (a) is in respect of an indictable offence and conforms to the requirements of subsection (4);

    • (b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and

    • (c) discloses reasonable grounds in accordance with paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.

    The justice may require that the warrant be executed within the period that he or she may order.

  • Marginal note:Formalities respecting warrant and facsimiles

    (6) Where a justice issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;

    • (b) the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the issuing justice and the time, date and place of issuance; and

    • (c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note:Issuance of warrant where telecommunication produces writing

    (6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing,

    • (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;

    • (b) the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b);

    • (c) the peace officer shall procure another facsimile of the warrant; and

    • (d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note:Providing facsimile

    (7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

  • Marginal note:Affixing facsimile

    (8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

  • Marginal note:Report of peace officer

    (9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report shall include

    • (a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;

    • (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and

    • (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer's grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.

  • Marginal note:Bringing before justice

    (10) The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.

  • Marginal note:Proof of authorization

    (11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

  • Marginal note:Duplicates and facsimiles acceptable

    (12) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

  • R.S., 1985, c. 27 (1st Supp.), s. 69
  • 1992, c. 1, ss. 58, 59(E), 60(F)
  • 1994, c. 44, s. 37
  • 2018, c. 21, s. 19

Marginal note:Where warrant not necessary

487.11  A peace officer, or a public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, may, in the course of his or her duties, exercise any of the powers described in subsection 487(1) or 492.1(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

  • 1997, c. 18, s. 46

Marginal note:Restriction on publication

487.2  If a search warrant is issued under section 487 or 487.1 or a search is made under such a warrant, every one who publishes in any document, or broadcasts or transmits in any way, any information with respect to

  • (a) the location of the place searched or to be searched, or

  • (b) the identity of any person who is or appears to occupy or be in possession or control of that place or who is suspected of being involved in any offence in relation to which the warrant was issued,

without the consent of every person referred to in paragraph (b) is, unless a charge has been laid in respect of any offence in relation to which the warrant was issued, guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. 27 (1st Supp.), s. 69
  • 2005, c. 32, s. 16

Marginal note:Order denying access to information

  • 487.3 (1) On application made at the time an application is made for a warrant under this or any other Act of Parliament, an order under any of sections 487.013 to 487.018 or an authorization under section 529 or 529.4, or at a later time, a justice, a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec may make an order prohibiting access to, and the disclosure of, any information relating to the warrant, order or authorization on the ground that

    • (a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and

    • (b) the reason referred to in paragraph (a) outweighs in importance the access to the information.

  • Marginal note:Reasons

    (2) For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure

    • (a) if disclosure of the information would

      • (i) compromise the identity of a confidential informant,

      • (ii) compromise the nature and extent of an ongoing investigation,

      • (iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or

      • (iv) prejudice the interests of an innocent person; and

    • (b) for any other sufficient reason.

  • Marginal note:Procedure

    (3) Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the justice or judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice or judge immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice or judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).

  • Marginal note:Application for variance of order

    (4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held.

  • 1997, c. 23, s. 14, c. 39, s. 1
  • 2004, c. 3, s. 8
  • 2014, c. 31, s. 22

Marginal note:Execution of search warrant

488  A warrant issued under section 487 or 487.1 shall be executed by day, unless

  • (a) the justice is satisfied that there are reasonable grounds for it to be executed by night;

  • (b) the reasonable grounds are included in the information; and

  • (c) the warrant authorizes that it be executed by night.

  • R.S., 1985, c. C-46, s. 488
  • R.S., 1985, c. 27 (1st Supp.), s. 70
  • 1997, c. 18, s. 47

Marginal note:Definitions

  • 488.01 (1) The following definitions apply in this section and in section 488.02.

    data

    data  has the same meaning as in section 487.011. (données)

    document

    document  has the same meaning as in section 487.011. (document)

    journalist

    journalist  has the same meaning as in subsection 39.1(1) of the Canada Evidence Act. (journaliste)

    journalistic source

    journalistic source  has the same meaning as in subsection 39.1(1) of the Canada Evidence Act. (source journalistique)

    officer

    officer  means a peace officer or public officer. (fonctionnaire)

  • Marginal note:Warrant, authorization and order

    (2) Despite any other provision of this Act, if an applicant for a warrant under section 487.01, 487.1, 492.1 or 492.2, a search warrant under this Act, notably under section 487, an authorization under section 184.2, 184.3, 186 or 188, or an order under any of sections 487.014 to 487.017 knows that the application relates to a journalist's communications or an object, document or data relating to or in the possession of a journalist, they shall make an application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.

  • Marginal note:Warrant, authorization and order

    (3) A judge may issue a warrant, authorization or order under subsection (2) only if, in addition to the conditions required for the issue of the warrant, authorization or order, he or she is satisfied that

    • (a) there is no other way by which the information can reasonably be obtained; and

    • (b) the public interest in the investigation and prosecution of a criminal offence outweighs the journalist's right to privacy in gathering and disseminating information.

  • Marginal note:Special Advocate

    (4) The judge to whom the application for the warrant, authorization or order is made may, in his or her discretion, request that a special advocate present observations in the interests of freedom of the press concerning the conditions set out in subsection (3).

  • Marginal note:Offence by journalist — exception

    (5) Subsections (3) and (4) do not apply in respect of an application for a warrant, authorization or order that is made in relation to the commission of an offence by a journalist.

  • Marginal note:Offence by journalist — order

    (6) If a warrant, authorization or order referred to in subsection (2) is sought in relation to the commission of an offence by a journalist and the judge considers it necessary to protect the confidentiality of journalistic sources, the judge may order that some or all documents obtained pursuant to the warrant, authorization or order are to be dealt with in accordance with section 488.02.

  • Marginal note:Conditions

    (7) The warrant, authorization or order referred to in subsection (2) may contain any conditions that the judge considers appropriate to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities.

  • Marginal note:Powers

    (8) The judge who rules on the application for the warrant, authorization or order referred to in subsection (2) has the same powers, with the necessary adaptations, as the authority who may issue the warrant, authorization or order.

  • Marginal note:Discovery of relation to journalist

    (9) If an officer, acting under a warrant, authorization or order referred to in subsection (2) for which an application was not made in accordance with that subsection, becomes aware that the warrant, authorization or order relates to a journalist's communications or an object, document or data relating to or in the possession of a journalist, the officer shall, as soon as possible, make an ex parte application to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and, until the judge disposes of the application,

    • (a) refrain from examining or reproducing, in whole or in part, any document obtained pursuant to the warrant, authorization or order; and

    • (b) place any document obtained pursuant to the warrant, authorization or order in a sealed packet and keep it in a place to which the public has no access.

  • Marginal note:Powers of judge

    (10) On an application under subsection (9), the judge may

    • (a) confirm the warrant, authorization or order if the judge is of the opinion that no additional conditions to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities should be imposed;

    • (b) vary the warrant, authorization or order to impose any conditions that the judge considers appropriate to protect the confidentiality of journalistic sources and to limit the disruption of journalistic activities;

    • (c) if the judge considers it necessary to protect the confidentiality of journalistic sources, order that some or all documents that were or will be obtained pursuant to the warrant, authorization or order are to be dealt with in accordance with section 488.02; or

    • (d) revoke the warrant, authorization or order if the judge is of the opinion that the applicant knew or ought reasonably to have known that the application for the warrant, authorization or order related to a journalist's communications or an object, document or data relating to or in the possession of a journalist.

  • 2017, c. 22, s. 3

Marginal note:Documents

  • 488.02 (1) Any document obtained pursuant to a warrant, authorization or order issued in accordance with subsection 488.01(3), or that is the subject of an order made under subsection 488.01(6) or paragraph 488.01(10)(c), is to be placed in a packet and sealed by the court that issued the warrant, authorization or order and is to be kept in the custody of the court in a place to which the public has no access or in such other place as the judge may authorize and is not to be dealt with except in accordance with this section.

  • Marginal note:Notice

    (2) No officer is to examine or reproduce, in whole or in part, a document referred to in subsection (1) without giving the journalist and relevant media outlet notice of his or her intention to examine or reproduce the document.

  • Marginal note:Application

    (3) The journalist or relevant media outlet may, within 10 days of receiving the notice referred to in subsection (2), apply to a judge of the court that issued the warrant, authorization or order to issue an order that the document is not to be disclosed to an officer on the grounds that the document identifies or is likely to identity a journalistic source.

  • Marginal note:Disclosure: prohibition

    (4) A document that is subject to an application under subsection (3) is to be disclosed to an officer only following a disclosure order in accordance with paragraph (7)(b).

  • Marginal note:Disclosure order

    (5) The judge may order the disclosure of a document only if he or she is satisfied that

    • (a) there is no other way by which the information can reasonably be obtained; and

    • (b) the public interest in the investigation and prosecution of a criminal offence outweighs the journalist's right to privacy in gathering and disseminating information.

  • Marginal note:Examination

    (6) The judge may, if he or she considers it necessary, examine a document to determine whether it should be disclosed.

  • Marginal note:Order

    (7) The judge must,

    • (a) if he or she is of the opinion that the document should not be disclosed, order that it be returned to the journalist or the media outlet, as the case may be; or

    • (b) if he or she is of the opinion that the document should be disclosed, order that it be delivered to the officer who gave the notice under subsection (2), subject to such restrictions and conditions as the judge deems appropriate.

  • 2017, c. 22, s. 3

Marginal note:Definitions

  • 488.1 (1) In this section,

    custodian

    custodian  means a person in whose custody a package is placed pursuant to subsection (2); (gardien)

    document

    document , for the purposes of this section, has the same meaning as in section 321; (document)

    judge

    judge  means a judge of a superior court of criminal jurisdiction of the province where the seizure was made; (juge)

    lawyer

    lawyer  means, in the Province of Quebec, an advocate, lawyer or notary and, in any other province, a barrister or solicitor; (avocat)

    officer

    officer  means a peace officer or public officer. (fonctionnaire)

  • Marginal note:Examination or seizure of certain documents where privilege claimed

    (2) Where an officer acting under the authority of this or any other Act of Parliament is about to examine, copy or seize a document in the possession of a lawyer who claims that a named client of his has a solicitor-client privilege in respect of that document, the officer shall, without examining or making copies of the document,

    • (a) seize the document and place it in a package and suitably seal and identify the package; and

    • (b) place the package in the custody of the sheriff of the district or county in which the seizure was made or, if there is agreement in writing that a specified person act as custodian, in the custody of that person.

  • Marginal note:Application to judge

    (3) Where a document has been seized and placed in custody under subsection (2), the Attorney General or the client or the lawyer on behalf of the client, may

    • (a) within fourteen days from the day the document was so placed in custody, apply, on two days notice of motion to all other persons entitled to make application, to a judge for an order

      • (i) appointing a place and a day, not later than twenty-one days after the date of the order, for the determination of the question whether the document should be disclosed, and

      • (ii) requiring the custodian to produce the document to the judge at that time and place;

    • (b) serve a copy of the order on all other persons entitled to make application and on the custodian within six days of the date on which it was made; and

    • (c) if he has proceeded as authorized by paragraph (b), apply, at the appointed time and place, for an order determining the question.

  • Marginal note:Disposition of application

    (4) On an application under paragraph (3)(c), the judge

    • (a) may, if the judge considers it necessary to determine the question whether the document should be disclosed, inspect the document;

    • (b) where the judge is of the opinion that it would materially assist him in deciding whether or not the document is privileged, may allow the Attorney General to inspect the document;

    • (c) shall allow the Attorney General and the person who objects to the disclosure of the document to make representations; and

    • (d) shall determine the question summarily and,

      • (i) if the judge is of the opinion that the document should not be disclosed, ensure that it is repackaged and resealed and order the custodian to deliver the document to the lawyer who claimed the solicitor-client privilege or to the client, or

      • (ii) if the judge is of the opinion that the document should be disclosed, order the custodian to deliver the document to the officer who seized the document or some other person designated by the Attorney General, subject to such restrictions or conditions as the judge deems appropriate,

      and shall, at the same time, deliver concise reasons for the determination in which the nature of the document is described without divulging the details thereof.

  • Marginal note:Privilege continues

    (5) Where the judge determines pursuant to paragraph (4)(d) that a solicitor-client privilege exists in respect of a document, whether or not the judge has, pursuant to paragraph (4)(b), allowed the Attorney General to inspect the document, the document remains privileged and inadmissible as evidence unless the client consents to its admission in evidence or the privilege is otherwise lost.

  • Marginal note:Order to custodian to deliver

    (6) Where a document has been seized and placed in custody under subsection (2) and a judge, on the application of the Attorney General, is satisfied that no application has been made under paragraph (3)(a) or that following such an application no further application has been made under paragraph (3)(c), the judge shall order the custodian to deliver the document to the officer who seized the document or to some other person designated by the Attorney General.

  • Marginal note:Application to another judge

    (7) Where the judge to whom an application has been made under paragraph (3)(c) cannot act or continue to act under this section for any reason, subsequent applications under that paragraph may be made to another judge.

  • Marginal note:Prohibition

    (8) No officer shall examine, make copies of or seize any document without affording a reasonable opportunity for a claim of solicitor-client privilege to be made under subsection (2).

  • Marginal note:Authority to make copies

    (9) At any time while a document is in the custody of a custodian under this section, a judge may, on an ex parte application of a person claiming a solicitor-client privilege under this section, authorize that person to examine the document or make a copy of it in the presence of the custodian or the judge, but any such authorization shall contain provisions to ensure that the document is repackaged and that the package is resealed without alteration or damage.

  • Marginal note:Hearing in private

    (10) An application under paragraph (3)(c) shall be heard in private.

  • Marginal note:Exception

    (11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

  • R.S., 1985, c. 27 (1st Supp.), s. 71
  • 2000, c. 17, s. 89
  • 2001, c. 41, s. 80

Marginal note:Seizure of things not specified

  • 489 (1) Every person who executes a warrant may seize, in addition to the things mentioned in the warrant, any thing that the person believes on reasonable grounds

    • (a) has been obtained by the commission of an offence against this or any other Act of Parliament;

    • (b) has been used in the commission of an offence against this or any other Act of Parliament; or

    • (c) will afford evidence in respect of an offence against this or any other Act of Parliament.

  • Marginal note:Seizure without warrant

    (2) Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, who is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties may, without a warrant, seize any thing that the officer believes on reasonable grounds

    • (a) has been obtained by the commission of an offence against this or any other Act of Parliament;

    • (b) has been used in the commission of an offence against this or any other Act of Parliament; or

    • (c) will afford evidence in respect of an offence against this or any other Act of Parliament.

  • R.S., 1985, c. C-46, s. 489
  • R.S., 1985, c. 27 (1st Supp.), s. 72, c. 42 (4th Supp.), s. 3
  • 1993, c. 40, s. 16
  • 1997, c. 18, s. 48

Marginal note:Restitution of property or report by peace officer

  • 489.1 (1) Subject to this or any other Act of Parliament, where a peace officer has seized anything under a warrant issued under this Act or under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,

    • (a) where the peace officer is satisfied,

      • (i) that there is no dispute as to who is lawfully entitled to possession of the thing seized, and

      • (ii) that the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding,

      return the thing seized, on being issued a receipt therefor, to the person lawfully entitled to its possession and report to the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, a justice having jurisdiction in respect of the matter, that he has done so; or

    • (b) where the peace officer is not satisfied as described in subparagraphs (a)(i) and (ii),

      • (i) bring the thing seized before the justice referred to in paragraph (a), or

      • (ii) report to the justice that he has seized the thing and is detaining it or causing it to be detained

      to be dealt with by the justice in accordance with subsection 490(1).

  • Marginal note:Restitution of property or report by peace officer

    (2) Subject to this or any other Act of Parliament, where a person, other than a peace officer, has seized anything under a warrant issued under this Act or under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable,

    • (a) bring the thing seized before the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in respect of the matter, or

    • (b) report to the justice referred to in paragraph (a) that he has seized the thing and is detaining it or causing it to be detained,

    to be dealt with by the justice in accordance with subsection 490(1).

  • Marginal note:Form

    (3) A report to a justice under this section shall be in the form set out as Form 5.2 in Part XXVIII, varied to suit the case and shall include, in the case of a report in respect of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9).

  • R.S., 1985, c. 27 (1st Supp.), s. 72
  • 1993, c. 40, s. 17
  • 1997, c. 18, s. 49

Marginal note:Detention of things seized

  • 490 (1) Subject to this or any other Act of Parliament, where, pursuant to paragraph 489.1(1)(b) or subsection 489.1(2), anything that has been seized is brought before a justice or a report in respect of anything seized is made to a justice, the justice shall,

    • (a) where the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the detention of the thing seized is required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or

    • (b) where the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the thing seized should be detained for a reason set out in paragraph (a), detain the thing seized or order that it be detained, taking reasonable care to ensure that it is preserved until the conclusion of any investigation or until it is required to be produced for the purposes of a preliminary inquiry, trial or other proceeding.

  • Marginal note:Further detention

    (2) Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

    • (a) a justice, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied that, having regard to the nature of the investigation, its further detention for a specified period is warranted and the justice so orders; or

    • (b) proceedings are instituted in which the thing detained may be required.

  • Marginal note:Idem

    (3) More than one order for further detention may be made under paragraph (2)(a) but the cumulative period of detention shall not exceed one year from the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

    • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, on the making of a summary application to him after three clear days notice thereof to the person from whom the thing detained was seized, is satisfied, having regard to the complex nature of the investigation, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just, and the judge so orders; or

    • (b) proceedings are instituted in which the thing detained may be required.

  • Marginal note:Detention without application where consent

    (3.1) A thing may be detained under paragraph (1)(b) for any period, whether or not an application for an order under subsection (2) or (3) is made, if the lawful owner or person who is lawfully entitled to possession of the thing seized consents in writing to its detention for that period.

  • Marginal note:When accused ordered to stand trial

    (4) When an accused has been ordered to stand trial, the justice shall forward anything detained pursuant to subsections (1) to (3) to the clerk of the court to which the accused has been ordered to stand trial to be detained by the clerk of the court and disposed of as the court directs.

  • Marginal note:Where continued detention no longer required

    (5) Where at any time before the expiration of the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized, the prosecutor, or the peace officer or other person having custody of the thing seized, determines that the continued detention of the thing seized is no longer required for any purpose mentioned in subsection (1) or (4), the prosecutor, peace officer or other person shall apply to

    • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered its detention under subsection (3), or

    • (b) a justice, in any other case,

    who shall, after affording the person from whom the thing was seized or the person who claims to be the lawful owner thereof or person entitled to its possession, if known, an opportunity to establish that he is lawfully entitled to the possession thereof, make an order in respect of the property under subsection (9).

  • Marginal note:Idem

    (6) Where the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required, the prosecutor, peace officer or other person shall apply to a judge or justice referred to in paragraph (5)(a) or (b) in the circumstances set out in that paragraph, for an order in respect of the property under subsection (9) or (9.1).

  • Marginal note:Application for order of return

    (7) A person from whom anything has been seized may, after the expiration of the periods of detention provided for or ordered under subsections (1) to (3) and on three clear days notice to the Attorney General, apply summarily to

    • (a) a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or

    • (b) a justice, in any other case,

    for an order under paragraph (9)(c) that the thing seized be returned to the applicant.

  • Marginal note:Exception

    (8) A judge of a superior court of criminal jurisdiction or a judge as defined in section 552, where a judge ordered the detention of the thing seized under subsection (3), or a justice, in any other case, may allow an application to be made under subsection (7) prior to the expiration of the periods referred to therein where he is satisfied that hardship will result unless the application is so allowed.

  • Marginal note:Disposal of things seized

    (9) Subject to this or any other Act of Parliament, if

    • (a) a judge referred to in subsection (7), where a judge ordered the detention of anything seized under subsection (3), or

    • (b) a justice, in any other case,

    is satisfied that the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required or, where those periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4), he shall

    • (c) if possession of it by the person from whom it was seized is lawful, order it to be returned to that person, or

    • (d) if possession of it by the person from whom it was seized is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, order it to be returned to the lawful owner or to the person who is lawfully entitled to its possession,

    and may, if possession of it by the person from whom it was seized is unlawful, or if it was seized when it was not in the possession of any person, and the lawful owner or person who is lawfully entitled to its possession is not known, order it to be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.

  • Marginal note:Exception

    (9.1) Notwithstanding subsection (9), a judge or justice referred to in paragraph (9)(a) or (b) may, if the periods of detention provided for or ordered under subsections (1) to (3) in respect of a thing seized have expired but proceedings have not been instituted in which the thing may be required, order that the thing continue to be detained for such period as the judge or justice considers necessary if the judge or justice is satisfied

    • (a) that the continued detention of the thing might reasonably be required for a purpose mentioned in subsection (1) or (4); and

    • (b) that it is in the interests of justice to do so.

  • Marginal note:Application by lawful owner

    (10) Subject to this or any other Act of Parliament, a person, other than a person who may make an application under subsection (7), who claims to be the lawful owner or person lawfully entitled to possession of anything seized and brought before or reported to a justice under section 489.1 may, at any time, on three clear days notice to the Attorney General and the person from whom the thing was seized, apply summarily to

    • (a) a judge referred to in subsection (7), where a judge ordered the detention of the thing seized under subsection (3), or

    • (b) a justice, in any other case,

    for an order that the thing detained be returned to the applicant.

  • Marginal note:Order

    (11) Subject to this or any other Act of Parliament, on an application under subsection (10), where a judge or justice is satisfied that

    • (a) the applicant is the lawful owner or lawfully entitled to possession of the thing seized, and

    • (b) the periods of detention provided for or ordered under subsections (1) to (3) in respect of the thing seized have expired and proceedings have not been instituted in which the thing detained may be required or, where such periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4),

    the judge or justice shall order that

    • (c) the thing seized be returned to the applicant, or

    • (d) except as otherwise provided by law, where, pursuant to subsection (9), the thing seized was forfeited, sold or otherwise dealt with in such a manner that it cannot be returned to the applicant, the applicant be paid the proceeds of sale or the value of the thing seized.

  • Marginal note:Detention pending appeal, etc.

    (12) Notwithstanding anything in this section, nothing shall be returned, forfeited or disposed of under this section pending any application made, or appeal taken, thereunder in respect of the thing or proceeding in which the right of seizure thereof is questioned or within thirty days after an order in respect of the thing is made under this section.

  • Marginal note:Copies of documents returned

    (13) The Attorney General, the prosecutor or the peace officer or other person having custody of a document seized may, before bringing it before a justice or complying with an order that the document be returned, forfeited or otherwise dealt with under subsection (1), (9) or (11), make or cause to be made, and may retain, a copy of the document.

  • Marginal note:Probative force

    (14) Every copy made under subsection (13) that is certified as a true copy by the Attorney General, the person who made the copy or the person in whose presence the copy was made is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

  • Marginal note:Access to anything seized

    (15) Where anything is detained pursuant to subsections (1) to (3.1), a judge of a superior court of criminal jurisdiction, a judge as defined in section 552 or a provincial court judge may, on summary application on behalf of a person who has an interest in what is detained, after three clear days notice to the Attorney General, order that the person by or on whose behalf the application is made be permitted to examine anything so detained.

  • Marginal note:Conditions

    (16) An order that is made under subsection (15) shall be made on such terms as appear to the judge to be necessary or desirable to ensure that anything in respect of which the order is made is safeguarded and preserved for any purpose for which it may subsequently be required.

  • Marginal note:Appeal

    (17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order

    • (a) to the court of appeal as defined in section 673 if the order was made by a judge of a superior court of criminal jurisdiction, in which case sections 678 to 689 apply with any modifications that the circumstances require; or

    • (b) to the appeal court as defined in section 812 in any other case, in which case sections 813 to 828 apply with any modifications that the circumstances require.

  • Marginal note:Waiver of notice

    (18) Any person to whom three days notice must be given under paragraph (2)(a) or (3)(a) or subsection (7), (10) or (15) may agree that the application for which the notice is given be made before the expiration of the three days.

  • R.S., 1985, c. C-46, s. 490
  • R.S., 1985, c. 27 (1st Supp.), s. 73
  • 1994, c. 44, s. 38
  • 1997, c. 18, s. 50
  • 2008, c. 18, s. 14
  • 2017, c. 7, s. 63(F)

Marginal note:Perishable things

490.01  Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing

  • (a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or

  • (b) where, on ex parte application to a justice, the justice so authorizes, may

    • (i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or

    • (ii) destroy it.

  • 1997, c. 18, s. 51
  • 1999, c. 5, s. 17

Sex Offender Information

Interpretation

Marginal note:Definitions

  • 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032.

    crime of a sexual nature

    crime of a sexual nature  means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crimes de nature sexuelle)

    database

    database  has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)

    designated offence

    designated offence  means

    • (a) an offence under any of the following provisions:

      • (i) subsection 7(4.1) (offence in relation to sexual offences against children),

      • (ii) section 151 (sexual interference),

      • (iii) section 152 (invitation to sexual touching),

      • (iv) section 153 (sexual exploitation),

      • (v) section 153.1 (sexual exploitation of person with disability),

      • (vi) section 155 (incest),

      • (vi.01) subsection 160(1) (bestiality),

      • (vi.1) subsection 160(2) (compelling the commission of bestiality),

      • (vii) subsection 160(3) (bestiality in presence of or by a child),

      • (viii) section 163.1 (child pornography),

      • (ix) section 170 (parent or guardian procuring sexual activity),

      • (ix.1) section 171.1 (making sexually explicit material available to child),

      • (x) section 172.1 (luring a child),

      • (x.1) section 172.2 (agreement or arrangement — sexual offence against child),

      • (xi) subsection 173(2) (exposure),

      • (xii) to (xv)[Repealed, 2014, c. 25, s. 25]

      • (xvi) section 271 (sexual assault),

      • (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

      • (xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

      • (xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),

      • (xix) paragraph 273(2)(b) (aggravated sexual assault),

      • (xx) subsection 273.3(2) (removal of a child from Canada),

      • (xxi) section 279.011 (trafficking  —  person under 18 years),

      • (xxii) subsection 279.02(2) (material benefit  —  trafficking of person under 18 years),

      • (xxiii) subsection 279.03(2) (withholding or destroying documents  —  trafficking of person under 18 years),

      • (xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

      • (xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

      • (xxvi) subsection 286.3(2) (procuring  — person under 18 years);

    • (b) an offence under any of the following provisions:

      • (i) section 162 (voyeurism),

      • (i.1) subsection 173(1) (indecent acts),

      • (ii) section 177 (trespassing at night),

      • (iii)[Repealed, 2019, c. 25, s. 202]

      • (iii.1) section 231 (murder),

      • (iv) section 234 (manslaughter),

      • (v) paragraph 246(b) (overcoming resistance to commission of offence),

      • (vi) section 264 (criminal harassment),

      • (vii) section 279 (kidnapping),

      • (vii.1) section 279.01 (trafficking in persons),

      • (vii.11) subsection 279.02(1) (material benefit  —  trafficking),

      • (vii.12) subsection 279.03(1) (withholding or destroying documents  —  trafficking),

      • (viii) section 280 (abduction of a person under age of sixteen),

      • (ix) section 281 (abduction of a person under age of fourteen),

      • (ix.1) subsection 286.1(1) (obtaining sexual services for consideration),

      • (ix.2) subsection 286.2(1) (material benefit from sexual services),

      • (ix.3) subsection 286.3(1) (procuring),

      • (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),

      • (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),

      • (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and

      • (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence);

    • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

      • (i) section 144 (rape),

      • (ii) section 145 (attempt to commit rape),

      • (iii) section 149 (indecent assault on female),

      • (iv) section 156 (indecent assault on male), and

      • (v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

    • (c.1) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

      • (i) section 246.1 (sexual assault),

      • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

      • (iii) section 246.3 (aggravated sexual assault);

    • (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

      • (i) subsection 146(1) (sexual intercourse with a female under age of fourteen),

      • (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),

      • (iii) section 153 (sexual intercourse with step-daughter),

      • (iv) section 157 (gross indecency),

      • (v) section 166 (parent or guardian procuring defilement), and

      • (vi) section 167 (householder permitting defilement);

    • (d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

      • (i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

      • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

      • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

      • (iv) subsection 212(4) (prostitution of person under 18 years);

    • (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or

    • (f) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)

    Ontario Act

    Ontario Act  means Christopher's Law (Sex Offender Registry), 2000, S.O. 2000, c. 1. (loi ontarienne)

    pardon

    pardon  means a conditional pardon granted under Her Majesty's royal prerogative of mercy or under section 748 that has not been revoked. (pardon)

    record suspension

    record suspension  means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

    registration centre

    registration centre  has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d'inscription)

    Review Board

    Review Board  means the Review Board established or designated for a province under subsection 672.38(1). (commission d'examen)

    verdict of not criminally responsible on account of mental disorder

    verdict of not criminally responsible on account of mental disorder  means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)

  • Marginal note:Interpretation

    (2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

    • (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

    • (b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

  • 2004, c. 10, s. 20
  • 2005, c. 43, s. 6
  • 2007, c. 5, s. 11
  • 2008, c. 6, s. 36
  • 2010, c. 3, s. 7, c. 17, s. 4
  • 2012, c. 1, ss. 31, 141
  • 2014, c. 25, s. 25
  • 2019, c. 17, s. 4
  • 2019, c. 25, s. 202

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order

  • 490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

  • Marginal note:Order  — if intent established

    (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition designated offence in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act;

    • (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.

  • Marginal note:Failure to make order

    (4) If the court does not consider the matter under subsection (1) or (3) at that time, the court

    • (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;

    • (b) retains jurisdiction over the matter; and

    • (c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 13
  • 2010, c. 17, s. 5
  • 2014, c. 25, s. 26
  • 2019, c. 25, s. 203

Marginal note:Date order begins

  • 490.013 (1) An order made under section 490.012 begins on the day on which it is made.

  • Marginal note:Duration of order

    (2) An order made under subsection 490.012(1) or (2)

    • (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

    • (c) applies for life if the maximum term of imprisonment for the offence is life.

  • Marginal note:Duration of order

    (2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1).

  • Marginal note:Duration of order

    (3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.

  • Marginal note:Duration of order

    (4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.

  • Marginal note:Duration of order

    (5) An order made under subsection 490.012(3) applies for life.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 14
  • 2010, c. 17, s. 6
  • 2014, c. 25, s. 27

Marginal note:Appeal

490.014  The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.

  • 2004, c. 10, s. 20
  • 2010, c. 17, s. 7

Marginal note:Application for termination order

  • 490.015 (1) A person who is subject to an order may apply for a termination order

    • (a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);

    • (b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or

    • (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).

  • Marginal note:Multiple orders

    (2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.

  • Marginal note:Pardon or record suspension

    (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

  • Marginal note:Scope of application

    (4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

  • Marginal note:Re-application

    (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.

  • Marginal note:Jurisdiction

    (6) The application shall be made to

    • (a) a superior court of criminal jurisdiction if

      • (i) one or more of the orders to which it relates were made by such a court under section 490.012, or

      • (ii) one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or

    • (b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 15
  • 2010, c. 17, s. 8
  • 2012, c. 1, s. 142

Marginal note:Termination order

  • 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (2) The court shall give reasons for its decision.

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 16
  • 2010, c. 17, s. 9

Marginal note:Appeal

  • 490.017 (1) The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.

  • Marginal note:Requirements relating to notice

    (2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 17
  • 2010, c. 17, s. 10

Marginal note:Requirements relating to notice

  • 490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause

    • (a) the order to be read by or to the person who is subject to it;

    • (b) a copy of the order to be given to that person;

    • (c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and

    • (d) a copy of the order to be sent to

      • (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

      • (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable,

      • (iii) the police service whose member charged that person with the offence in connection with which the order is made, and

      • (iv) the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:Endorsement

    (2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.

  • Marginal note:Notice on disposition by Review Board

    (3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs

    • (a) under paragraph 672.54(a), that the person be discharged absolutely; or

    • (b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person's liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

  • Marginal note:Notice before release

    (4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 18
  • 2010, c. 17, s. 11

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004

Marginal note:Obligation to comply

490.019  A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).

  • 2004, c. 10, s. 20

Marginal note:Persons who may be served

  • 490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) and

    • (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or

    • (b) in any other case,

      • (i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and

      • (ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.

  • Marginal note:Exception

    (2) A notice shall not be served on a person

    • (a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty's royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;

    • (b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or

    • (c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 20

Marginal note:Period for and method of service

  • 490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.

  • Marginal note:Exception

    (2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.

  • Marginal note:Exception

    (3) If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.

  • Marginal note:Exception

    (4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.

  • Marginal note:Proof of service

    (5) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

    • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

    • (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

    • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

  • Marginal note:Requirements relating to notice

    (6) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 21

Marginal note:Date obligation begins

  • 490.022 (1) The obligation under section 490.019 begins

    • (a) either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or

    • (b) when an exemption order is quashed.

  • Marginal note:Date obligation ends

    (2) The obligation ends on the earliest of

    • (a) the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2),

    • (b) the day on which the obligation of a person referred to in paragraph 490.02(1)(b) to comply with section 3 of the Ontario Act ends under paragraph 7(1)(a) of that Act, or

    • (c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon or record suspension to a person who collects information, as defined in subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.

  • Marginal note:Duration of obligation

    (3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation

    • (a) ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

    • (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

    • (d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 22
  • 2012, c. 1, s. 143

Marginal note:Application for exemption order

  • 490.023 (1) A person who is not subject to an order under section 490.012 of this Act or section 227.01 of the National Defence Act may apply for an order exempting them from the obligation within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act.

  • Marginal note:Jurisdiction

    (1.1) The application shall be made to a court of criminal jurisdiction if

    • (a) it relates to an obligation under section 490.019 of this Act; or

    • (b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act.

  • Marginal note:Exemption order

    (2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (3) The court shall give reasons for its decision.

  • Marginal note:Removal of information from database

    (4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 23
  • 2010, c. 17, s. 13

Marginal note:Appeal

  • 490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the exemption order or make an order that may be made under that subsection.

  • Marginal note:Removal of information from database

    (2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • 2004, c. 10, s. 20
  • 2010, c. 17, s. 14

Marginal note:Requirements relating to notice

490.025  If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 24
  • 2010, c. 17, s. 15

Marginal note:Application for termination order

  • 490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

  • Marginal note:Time for application

    (2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act:

    • (a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or

    • (c) 20 years if the maximum term of imprisonment for the offence is life.

  • Marginal note:More than one offence

    (3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act.

  • Marginal note:Pardon or record suspension

    (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

  • Marginal note:Re-application

    (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.

  • Marginal note:Jurisdiction

    (6) The application shall be made to a court of criminal jurisdiction if

    • (a) it relates to an obligation under section 490.019 of this Act; or

    • (b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.12(6) of that Act.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 24
  • 2010, c. 17, s. 16
  • 2012, c. 1, s. 144

Marginal note:Termination order

  • 490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (2) The court shall give reasons for its decision.

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 25
  • 2010, c. 17, s. 17

Marginal note:Deemed application

490.028  If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 26

Marginal note:Appeal

  • 490.029 (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.

  • Marginal note:Requirements relating to notice

    (2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 26
  • 2010, c. 17, s. 18

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada

Marginal note:Obligation

490.02901  A person who is served with a notice in Form 54 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.02904 unless a court makes an exemption order under subsection 490.02905(2).

  • 2010, c. 17, s. 19

Marginal note:Persons who may be served

  • 490.02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada after the coming into force of this subsection and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition designated offence in subsection 490.011(1).

  • Marginal note:Exception

    (2) The notice shall not be served on a person who has been acquitted of every offence in connection with which a notice may be served on them under section 490.02903.

  • 2010, c. 17, s. 19

Marginal note:Period for and method of service

  • 490.02903 (1) A notice in Form 54 shall be personally served.

  • Marginal note:Proof of service

    (2) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

    • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

    • (b) the notice was personally served on the person to whom it was directed on a named day; and

    • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

  • Marginal note:Requirements relating to notice

    (3) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

  • 2010, c. 17, s. 19

Marginal note:When obligation begins

  • 490.02904 (1) The obligation under section 490.02901 begins on the day on which the person is served with the notice.

  • Marginal note:When obligation ends

    (2) The obligation ends on the day on which an exemption order is made.

  • Marginal note:Duration of obligation

    (3) If subsection (2) does not apply, the obligation

    • (a) ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

    • (b) ends 20 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years;

    • (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life; or

    • (d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

  • 2010, c. 17, s. 19
  • 2014, c. 25, s. 28

Marginal note:Application for exemption order

  • 490.02905 (1) A person who is served with a notice in Form 54 under section 490.02903 may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after they are served.

  • Marginal note:Exemption order

    (2) The court

    • (a) shall make an exemption order if it is satisfied that the person has established that

      • (i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or

      • (ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition designated offence in subsection 490.011(1); and

    • (b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition designated offence in subsection 490.011(1).

  • Marginal note:Reasons for decision

    (3) The court shall give reasons for its decision.

  • Marginal note:Removal of information from database

    (4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • Marginal note:Notification

    (5) If the court makes an order referred to in paragraph (2)(b), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

  • 2010, c. 17, s. 19

Marginal note:Appeal

  • 490.02906 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

    • (a) dismiss the appeal;

    • (b) allow the appeal and order a new hearing;

    • (c) quash the exemption order; or

    • (d) make an order that may be made under that subsection.

  • Marginal note:Removal of information from database

    (2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • 2010, c. 17, s. 19

Marginal note:Requirements relating to notice

490.02907  If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

  • 2010, c. 17, s. 19

Marginal note:Application for termination order

  • 490.02908 (1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

  • Marginal note:Time for application — one offence

    (2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:

    • (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

    • (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or

    • (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

  • Marginal note:Time for application — more than one offence

    (3) If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.

  • Marginal note:Re-application

    (4) A person whose application is refused may apply again if five years have elapsed since the application was made.

  • 2010, c. 17, s. 19

Marginal note:Termination order

  • 490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (2) The court shall give reasons for its decision.

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

  • 2010, c. 17, s. 19

Marginal note:Appeal

  • 490.0291 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02909(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

  • Marginal note:Requirements relating to notice

    (2) If the appeal court makes an order that may be made under subsection 490.02909(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

  • 2010, c. 17, s. 19

Marginal note:Obligation to advise police service

  • 490.02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition designated offence in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence.

  • Marginal note:Change in address

    (2) The person shall, if they are in Canada, advise a police service of a change in address within seven days after the day on which the change is made.

  • Marginal note:Information to be provided to Attorney General

    (3) The police service shall cause the Attorney General of the province, or the minister of justice of the territory, in which it is located to be provided with the information.

  • Marginal note:Obligation ends

    (4) A person's obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).

  • 2010, c. 17, s. 19

International Transfer of Offenders Act

Marginal note:Application for termination order

  • 490.02912 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for a termination order unless they are also subject to an obligation under section 490.019 or 490.02901 or under section 227.06 of the National Defence Act — or to an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

  • Marginal note:Time for application — one offence

    (2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:

    • (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

    • (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or

    • (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

  • Marginal note:More than one offence

    (3) If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.

  • Marginal note:Re-application

    (4) A person whose application is refused may apply again if five years have elapsed since the application was made.

  • 2010, c. 17, s. 19

Marginal note:Termination order

  • 490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (2) The court shall give reasons for its decision.

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

  • 2010, c. 17, s. 19

Marginal note:Appeal

  • 490.02914 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, allow the appeal and order a new hearing, quash the termination order or make an order that may be made under that subsection.

  • Marginal note:Requirements relating to notice

    (2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

  • 2010, c. 17, s. 19

Marginal note:Notice before release

  • 490.02915 (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.

  • Marginal note:Notice on disposition by Review Board

    (2) A Review Board shall cause a copy of the Form 1 to be given to the person when it directs

    • (a) under paragraph 672.54(a), that the person be discharged absolutely; or

    • (b) under paragraph 672.54(b), that the person be discharged subject to conditions unless the conditions restrict the person's liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

  • 2010, c. 17, s. 19

Disclosure of Information

Marginal note:Disclosure

  • 490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database

    • (a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012; or

    • (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).

  • Marginal note:Disclosure in connection with proceedings

    (2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database.

  • Marginal note:Disclosure in proceedings

    (3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.

  • (4)[Repealed, 2007, c. 5, s. 27]

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 27
  • 2010, c. 17, s. 20

Offences

Marginal note:Offence

  • 490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Reasonable excuse

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

  • Marginal note:Proof of certain facts by certificate

    (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance and cross-examina­tion

    (4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce

    (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 28
  • 2010, c. 17, s. 21
  • 2019, c. 25, s. 204

Marginal note:Offence

490.0311  Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • 2007, c. 5, s. 29
  • 2010, c. 17, s. 22
  • 2019, c. 25, s. 205

Marginal note:Offence

490.0312  Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.

  • 2010, c. 17, s. 23

Regulations

Marginal note:Regulations

490.032  The Governor in Council may make regulations

  • (a) requiring that additional information be contained in a notice under Form 53 or Form 54; and

  • (b) prescribing, for one or more provinces, the form and content of that information.

  • 2004, c. 10, s. 20
  • 2010, c. 17, s. 24

Forfeiture of Offence-related Property

Marginal note:Order of forfeiture of property on conviction

  • 490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall

    • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen's Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

  • (1.1)[Repealed, 2001, c. 41, s. 130]

  • Marginal note:Property related to other offences

    (2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Appeal

    (3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 30, c. 41, ss. 18, 130
  • 2007, c. 13, s. 8
  • 2017, c. 7, s. 64

Marginal note:Application for in rem forfeiture

  • 490.2 (1) If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 490.3 to 490.41, the judge to whom an application is made under subsection (1) shall order that the property that is subject to the application be forfeited and disposed of in accordance with subsection (4) if the judge is satisfied

    • (a) beyond a reasonable doubt that the property is offence-related property;

    • (b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and

    • (c) that the accused charged with the offence has died or absconded.

  • Marginal note:Accused deemed absconded

    (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if

    • (a) an information has been laid alleging the commission of the offence by the accused,

    • (b) a warrant for the arrest of the accused has been issued in relation to that information, and

    • (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,

    and the accused is deemed to have so absconded on the last day of that six month period.

  • Marginal note:Who may dispose of forfeited property

    (4) For the purpose of subsection (2), the judge shall

    • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen's Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

  • Marginal note:Property outside Canada

    (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Definition of judge

    (5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 31
  • 2007, c. 13, s. 9
  • 2017, c. 7, s. 65

Marginal note:Voidable transfers

490.3  A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.

  • 1997, c. 23, s. 15

Marginal note:Notice

  • 490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (2) A notice shall

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court;

    • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

    • (c) set out the offence charged and a description of the property.

  • Marginal note:Order of restoration of property

    (3) A court may order that all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) be returned to a person — other than a person who was charged with an indictable offence under this Act or the Corruption of Foreign Public Officials Act or a person who acquired title to or a right of possession of the property from such a person under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property — if the court is satisfied that the person is the lawful owner or is lawfully entitled to possession of all or part of that property, and that the person appears innocent of any complicity in, or collusion in relation to, the offence.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 32
  • 2007, c. 13, s. 10
  • 2017, c. 7, s. 66

Marginal note:Notice

  • 490.41 (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to which the property would be forfeited.

  • Marginal note:Manner of giving notice

    (2) A notice shall

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court;

    • (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

    • (c) set out the offence charged and a description of the property.

  • Marginal note:Non-forfeiture of property

    (3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

  • Marginal note:Factors in relation to dwelling-house

    (4) Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider

    • (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member's principal residence at the time the charge was laid and continues to be the member's principal residence; and

    • (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence.

  • 2001, c. 32, s. 33
  • 2007, c. 13, s. 11
  • 2017, c. 7, s. 67

Marginal note:Application

  • 490.5 (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than

    • (a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the indictable offence in relation to which the property was forfeited,

    • (b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the indictable offence in relation to which the property was forfeited, or

    • (c) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,

    may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).

  • Marginal note:Fixing day for hearing

    (2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of the filing of the application for the hearing of the application.

  • Marginal note:Notice

    (3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing of it on the Attorney General at least fifteen days before the day fixed for the hearing.

  • Marginal note:Order declaring interest not affected by forfeiture

    (4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant

    • (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any indictable offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and

    • (b) exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by the person who was permitted by the applicant to obtain possession of the property or from whom the applicant obtained possession or, where the applicant is a mortgagee or lienholder, by the mortgagor or lien-giver,

    the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.

  • Marginal note:Appeal from order made under subsection (4)

    (5) An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI with respect to procedure on appeals apply, with any modifications that the circumstances require, in respect of appeals under this subsection.

  • Marginal note:Return of property

    (6) The Attorney General shall, on application made to the Attorney General by any person in respect of whom a judge has made an order under subsection (4), and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined, direct that

    • (a) the property, or the part of it to which the interest of the applicant relates, be returned to the applicant; or

    • (b) an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 34

Marginal note:Appeals from orders under subsection 490.2(2)

490.6  Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal.

  • 1997, c. 23, s. 15

Marginal note:Suspension of order pending appeal

490.7  Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending

  • (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or

  • (b) any appeal taken from an order of forfeiture or restoration in respect of the property,

and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.

  • 1997, c. 23, s. 15

Marginal note:Application for restraint order

  • 490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

    • (a) the indictable offence to which the offence-related property relates;

    • (b) the person who is believed to be in possession of the offence-related property; and

    • (c) a description of the offence-related property.

  • Marginal note:Restraint order

    (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.

  • Marginal note:Property outside Canada

    (3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Conditions

    (4) A restraint order made by a judge under this section may be subject to any reasonable conditions that the judge thinks fit.

  • Marginal note:Order in writing

    (5) A restraint order made under this section shall be made in writing.

  • Marginal note:Service of order

    (6) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in any manner that the judge making the order directs or in accordance with the rules of the court.

  • Marginal note:Registration of order

    (7) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Order continues in force

    (8) A restraint order made under this section remains in effect until

    • (a) an order is made under subsection 490(9) or (11), 490.4(3) or 490.41(3) in relation to the property; or

    • (b) an order of forfeiture of the property is made under section 490 or subsection 490.1(1) or 490.2(2).

  • Marginal note:Offence

    (9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order 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.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 35
  • 2019, c. 25, s. 206

Marginal note:Management order

  • 490.81 (1) With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, a judge or justice in the case of offence-related property seized under section 487, or a judge in the case of offence-related property restrained under section 490.8, may, if he or she is of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) the power to make an interlocutory sale of perishable or rapidly depreciating property;

    • (b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

    • (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (7.1).

  • Marginal note:Application for destruction order

    (4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court's opinion, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

  • Marginal note:Destruction order

    (7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

  • Marginal note:Forfeiture order

    (7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

    • (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

    • (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and

    • (c) during that period, no one makes such an application.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

  • Marginal note:For greater certainty

    (8.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject, but may not apply to vary an appointment made under subsection (2).

  • 2001, c. 32, s. 36
  • 2017, c. 7, s. 68
  • 2018, c. 16, s. 217

Marginal note:Sections 489.1 and 490 applicable

  • 490.9 (1) Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made under section 490.8.

  • Marginal note:Recognizance

    (2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) for the return of any offence-related property that is the subject of a restraint order under section 490.8, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in any amount and with any conditions that the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice any sum of money or other valuable security that the judge or justice directs.

  • 1997, c. 23, s. 15

Marginal note:Forfeiture of weapons and ammunition

  • 491 (1) Subject to subsection (2), where it is determined by a court that

    • (a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

    • (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

    the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.

  • Marginal note:Return to lawful owner

    (2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

  • Marginal note:Application of proceeds

    (3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.

  • R.S., 1985, c. C-46, s. 491
  • 1991, c. 40, s. 30
  • 1995, c. 39, s. 152

Marginal note:Order for restitution or forfeiture of property obtained by crime

  • 491.1 (1) Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the offence, and at the time of the trial any property obtained by the commission of the offence

    • (a) is before the court or has been detained so that it can be immediately dealt with, and

    • (b) will not be required as evidence in any other proceedings,

    section 490 does not apply in respect of the property and the court shall make an order under subsection (2) in respect of the property.

  • Marginal note:Idem

    (2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property,

    • (a) if the lawful owner or person lawfully entitled to possession of the property is known, that it be returned to that person; and

    • (b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:When certain orders not to be made

    (3) An order shall not be made under subsection (2)

    • (a) in the case of proceedings against a trustee, banker, merchant, attorney, factor, broker or other agent entrusted with the possession of goods or documents of title to goods, for an offence under section 330, 331, 332 or 336; or

    • (b) in respect of

      • (i) property to which a person acting in good faith and without notice has acquired lawful title for valuable consideration,

      • (ii) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it,

      • (iii) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed, or

      • (iv) property in respect of which there is a dispute as to ownership or right of possession by claimants other than the accused or defendant.

  • Marginal note:By whom order executed

    (4) An order made under this section shall, on the direction of the court, be executed by the peace officers by whom the process of the court is ordinarily executed.

  • R.S., 1985, c. 27 (1st Supp.), s. 74, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 18
  • 2017, c. 7, s. 69(F)

Marginal note:Photographic evidence

  • 491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 355.2, 355.4, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.

  • Marginal note:Certified photograph admissible in evidence

    (2) Every photograph of property taken under subsection (1), accompanied by a certificate of a person containing the statements referred to in subsection (3), shall be admissible in evidence and, in the absence of evidence to the contrary, shall have the same probative force as the property would have had if it had been proved in the ordinary way.

  • Marginal note:Statements made in certificate

    (3) For the purposes of subsection (2), a certificate of a person stating that

    • (a) the person took the photograph under the authority of subsection (1),

    • (b) the person is a peace officer or took the photograph under the direction of a peace officer, and

    • (c) the photograph is a true photograph

    shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the certificate without proof of the signature of the person appearing to have signed the certificate.

  • Marginal note:Secondary evidence of peace officer

    (4) An affidavit or solemn declaration of a peace officer or other person stating that the person has seized property and detained it or caused it to be detained from the time that person took possession of the property until a photograph of the property was taken under subsection (1) and that the property was not altered in any manner before the photograph was taken shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature or official character of the person appearing to have signed the affidavit or solemn declaration.

  • Marginal note:Notice of intention to produce certified photograph

    (5) Unless the court orders otherwise, no photograph, certificate, affidavit or solemn declaration shall be received in evidence at a trial or other proceeding pursuant to subsection (2), (3) or (4) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy thereof and reasonable notice of intention to produce it in evidence.

  • Marginal note:Attendance for examination

    (6) Notwithstanding subsection (3) or (4), the court may require the person who appears to have signed a certificate, an affidavit or a solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the facts contained in the certificate, affidavit or solemn declaration.

  • Marginal note:Production of property in court

    (7) A court may order any property seized and returned pursuant to section 489.1 or 490 to be produced in court or made available for examination by all parties to a proceeding at a reasonable time and place, notwithstanding that a photograph of the property has been received in evidence pursuant to subsection (2), where the court is satisfied that the interests of justice so require and that it is possible and practicable to do so in the circumstances.

  • Definition of photograph

    (8) In this section, photograph includes a still photograph, a photographic film or plate, a microphotographic film, a photostatic negative, an X-ray film, a motion picture and a videotape.

  • R.S., 1985, c. 23 (4th Supp.), s. 2
  • 1992, c. 1, s. 58
  • 2010, c. 14, s. 10

Marginal note:Seizure of explosives

  • 492 (1) Every person who executes a warrant issued under section 487 or 487.1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).

  • Marginal note:Forfeiture

    (2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct.

  • Marginal note:Application of proceeds

    (3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.

  • R.S., 1985, c. C-46, s. 492
  • R.S., 1985, c. 27 (1st Supp.), s. 70

Marginal note:Warrant for tracking device — transactions and things

  • 492.1 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and that tracking the location of one or more transactions or the location or movement of a thing, including a vehicle, will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Warrant for tracking device — individuals

    (2) A justice or judge who is satisfied by information on oath that there are reasonable grounds to believe that an offence has been or will be committed under this or any other Act of Parliament and that tracking an individual's movement by identifying the location of a thing that is usually carried or worn by the individual will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain that tracking data by means of a tracking device.

  • Marginal note:Scope of warrant

    (3) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the tracking device, including covertly.

  • Marginal note:Conditions

    (4) A warrant may contain any conditions that the justice or judge considers appropriate, including conditions to protect a person's interests.

  • Marginal note:Period of validity

    (5) Subject to subsection (6), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime and terrorism offence

    (6) A warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

    • (a) an offence under any of sections 467.11 to 467.13;

    • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Execution in Canada

    (6.1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  • Marginal note:Removal after expiry of warrant

    (7) On ex parte application supported by an affidavit, the justice or judge who issued a warrant or another justice or judge who has jurisdiction to issue such warrants may authorize the covert removal of the tracking device after the expiry of the warrant under any conditions that the justice or judge considers advisable in the public interest. The authorization is valid for the period specified in it as long as that period is not more than 90 days.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    data

    data  means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    judge  means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    public officer  means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (fonctionnaire public)

    tracking data

    tracking data  means data that relates to the location of a transaction, individual or thing. (données de localisation)

    tracking device

    tracking device  means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record tracking data or to transmit it by a means of telecommunication. (dispositif de localisation)

  • 1993, c. 40, s. 18
  • 1999, c. 5, s. 18
  • 2014, c. 31, s. 23
  • 2019, c. 25, s. 207

Marginal note:Warrant for transmission data recorder

  • 492.2 (1) A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and that transmission data will assist in the investigation of the offence may issue a warrant authorizing a peace officer or a public officer to obtain the transmission data by means of a transmission data recorder.

  • Marginal note:Scope of warrant

    (2) The warrant authorizes the peace officer or public officer, or a person acting under their direction, to install, activate, use, maintain, monitor and remove the transmission data recorder, including covertly.

  • Marginal note:Limitation

    (3) No warrant shall be issued under this section for the purpose of obtaining tracking data.

  • Marginal note:Period of validity

    (4) Subject to subsection (5), a warrant is valid for the period specified in it as long as that period ends no more than 60 days after the day on which the warrant is issued.

  • Marginal note:Period of validity — organized crime or terrorism offence

    (5) The warrant is valid for the period specified in it as long as that period ends no more than one year after the day on which the warrant is issued, if the warrant relates to

    • (a) an offence under any of sections 467.11 to 467.13;

    • (b) an offence committed for the benefit of, at the direction of, or in association with a criminal organization; or

    • (c) a terrorism offence.

  • Marginal note:Execution in Canada

    (5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

  • Marginal note:Definitions

    (6) The following definitions apply in this section.

    data

    data  means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device. (données)

    judge

    judge  means a judge of a superior court of criminal jurisdiction or a judge of the Court of Quebec. (juge)

    public officer

    public officer  means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. (fonctionnaire public)

    transmission data

    transmission data  means data that

    • (a) relates to the telecommunication functions of dialling, routing, addressing or signalling;

    • (b) is transmitted to identify, activate or configure a device, including a computer program as defined in subsection 342.1(2), in order to establish or maintain access to a telecommunication service for the purpose of enabling a communication, or is generated during the creation, transmission or reception of a communication and identifies or purports to identify the type, direction, date, time, duration, size, origin, destination or termination of the communication; and

    • (c) does not reveal the substance, meaning or purpose of the communication. (données de transmission)

    transmission data recorder

    transmission data recorder  means a device, including a computer program within the meaning of subsection 342.1(2), that may be used to obtain or record transmission data or to transmit it by a means of telecommunication. (enregistreur de données de transmission)

  • 1993, c. 40, s. 18
  • 1999, c. 5, s. 19
  • 2014, c. 31, s. 23
  • 2019, c. 25, s. 208

PART XVI Compelling Appearance of Accused Before a Justice and Interim Release

Interpretation

Marginal note:Definitions

493  In this Part,

accused

accused  includes

  • (a) a person to whom a peace officer has issued an appearance notice under section 497, and

  • (b) a person arrested for a criminal offence; (prévenu)

appearance notice

appearance notice [Repealed, 2019, c. 25, s. 209]

judge

judge  means

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the superior court of criminal jurisdiction of the province or three judges of the Court of Quebec,

  • (c)[Repealed, 1992, c. 51, s. 37]

  • (d) in the Provinces of Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta and Newfoundland and Labrador, a judge of the superior court of criminal jurisdiction of the Province,

  • (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (f) in Nunavut, a judge of the Nunavut Court of Justice; (juge)

officer in charge

officer in charge [Repealed, 2019, c. 25, s. 209]

promise to appear

promise to appear [Repealed, 2019, c. 25, s. 209]

recognizance

recognizance [Repealed, 2019, c. 25, s. 209]

summons

summons [Repealed, 2019, c. 25, s. 209]

undertaking

undertaking [Repealed, 2019, c. 25, s. 209]

warrant

warrant , when used in relation to a warrant for the arrest of a person, means a warrant in Form 7 and, when used in relation to a warrant for the committal of a person, means a warrant in Form 8. (mandat)

  • R.S., 1985, c. C-46, s. 493
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 5, c. 17, s. 12
  • 1992, c. 51, s. 37
  • 1994, c. 44, s. 39
  • 1999, c. 3, s. 30
  • 2002, c. 7, s. 143
  • 2015, c. 3, s. 51
  • 2019, c. 25, s. 209

Principle and Considerations

Marginal note:Principle of restraint

493.1  In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.

  • 2019, c. 25, s. 210

Marginal note:Aboriginal accused or vulnerable populations

493.2  In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of

  • (a) Aboriginal accused; and

  • (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

  • 2019, c. 25, s. 210

Arrest without Warrant and Release from Custody

Marginal note:Arrest without warrant by any person

  • 494 (1) Any one may arrest without warrant

    • (a) a person whom he finds committing an indictable offence; or

    • (b) a person who, on reasonable grounds, he believes

      • (i) has committed a criminal offence, and

      • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

  • Marginal note:Arrest by owner, etc., of property

    (2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and

    • (a) they make the arrest at that time; or

    • (b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

  • Marginal note:Delivery to peace officer

    (3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

  • Marginal note:For greater certainty

    (4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.

  • R.S., 1985, c. C-46, s. 494
  • 2012, c. 9, s. 3

Marginal note:Arrest without warrant by peace officer

  • 495 (1) A peace officer may arrest without warrant

    • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

    • (b) a person whom he finds committing a criminal offence; or

    • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

  • Marginal note:Limitation

    (2) A peace officer shall not arrest a person without warrant for

    • (a) an indictable offence mentioned in section 553,

    • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

    • (c) an offence punishable on summary conviction,

    in any case where

    • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence, or

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence,

      may be satisfied without so arresting the person, and

    • (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:Consequences of arrest without warrant

    (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; and

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).

  • R.S., 1985, c. C-46, s. 495
  • R.S., 1985, c. 27 (1st Supp.), s. 75

Marginal note:Arrest without warrant – application of section 524

495.1  Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.

  • 2019, c. 25, s. 211

Marginal note:Appearance notice for judicial referral hearing

496  If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.

  • R.S., 1985, c. C-46, s. 496
  • 2019, c. 25, s. 212

Marginal note:Issue of appearance notice by peace officer

497  If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is

  • (a) an indictable offence mentioned in section 553;

  • (b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or

  • (c) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 497
  • 1999, c. 25, s. 3(Preamble)
  • 2019, c. 25, s. 212

Marginal note:Release from custody — arrest without warrant

  • 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

    • (a) the peace officer intends to compel the person's appearance by way of summons;

    • (b) the peace officer issues an appearance notice to the person; or

    • (c) the person gives an undertaking to the peace officer.

  • Marginal note:Person delivered or detained

    (1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.

  • Marginal note:Exception

    (1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to

      • (i) establish the identity of the person,

      • (ii) secure or preserve evidence of or relating to the offence,

      • (iii) prevent the continuation or repetition of the offence or the commission of another offence, or

      • (iv) ensure the safety and security of any victim of or witness to the offence; or

    • (b) that, if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.

  • Marginal note:When subsections (1) and (1.01) do not apply

    (2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

  • Marginal note:Consequences of non-release

    (3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer's duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; or

    • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

  • R.S., 1985, c. C-46, s. 498
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1997, c. 18, s. 52
  • 1998, c. 7, s. 2
  • 1999, c. 25, ss. 4, 30(Preamble)
  • 2019, c. 25, s. 213

Marginal note:Release from custody — arrest with warrant

499  If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if

  • (a) the peace officer issues an appearance notice to the person; or

  • (b) the person gives an undertaking to the peace officer.

  • R.S., 1985, c. C-46, s. 499
  • R.S., 1985, c. 27 (1st Supp.), s. 186
  • 1994, c. 44, s. 40
  • 1997, c. 18, s. 53
  • 1999, c. 25, s. 5(Preamble)
  • 2019, c. 25, s. 214

Marginal note:Contents of appearance notice

  • 500 (1) An appearance notice shall

    • (a) set out the name, date of birth and contact information of the accused;

    • (b) set out the substance of the offence that the accused is alleged to have committed;

    • (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and

    • (d) indicate if the accused is required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.

  • Marginal note:Summary of consequences — failure to appear

    (2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General , within the meaning of that Act, has not made an election under section 50 of that Act.

  • Marginal note:Signature of accused

    (4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

  • R.S., 1985, c. C-46, s. 500
  • 1999, c. 5, s. 20, c. 25, s. 6(Preamble)
  • 2019, c. 25, s. 215

Marginal note:Contents of undertaking

  • 501 (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out

    • (a) the name, date of birth and contact information of the accused;

    • (b) the substance of the offence that the accused is alleged to have committed; and

    • (c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).

  • Marginal note:Mandatory conditions

    (2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

  • Marginal note:Additional conditions

    (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused's attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:

    • (a) report at specified times to the peace officer or other specified person;

    • (b) remain within a specified territorial jurisdiction;

    • (c) notify the peace officer or other specified person of any change in their address, employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;

    • (e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;

    • (f) deposit all their passports with the peace officer or other specified person;

    • (g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer's or specified person's request during those hours;

    • (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

    • (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;

    • (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and

    • (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General , within the meaning of that Act, has not made an election under section 50 of that Act.

  • Marginal note:Money or other valuable security to be deposited with justice

    (5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

  • Marginal note:Signature of accused

    (6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.

  • R.S., 1985, c. C-46, s. 501
  • R.S., 1985, c. 27 (1st Supp.), s. 76
  • 1992, c. 47, s. 69
  • 1994, c. 44, ss. 41, 94
  • 1996, c. 7, s. 38
  • 2008, c. 18, s. 15
  • 2019, c. 25, s. 215

Marginal note:Variation of undertaking on consent

  • 502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.

  • Marginal note:Replacement by justice of undertaking with order

    (2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.

  • R.S., 1985, c. C-46, s. 502
  • 1992, c. 47, s. 70
  • 1996, c. 7, s. 38
  • 1997, c. 18, s. 54
  • 2019, c. 25, s. 215

Appearance of Accused before Justice

Marginal note:Appearance of the accused

  • 502.1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.

  • Marginal note:Witness in Canada

    (2) Despite section 714.1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.

  • Marginal note:Witness outside Canada

    (3) For greater certainty, sections 714.2 to 714.8 apply when a witness outside Canada gives evidence in a proceeding under this Part.

  • Marginal note:Participants

    (4) A participant , as defined in subsection 715.25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.

  • Marginal note:Justice

    (5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.

  • 2019, c. 25, s. 216

Marginal note:Taking before justice

  • 503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

    • (a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and

    • (b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.

  • Marginal note:Re-evaluation of detention

    (1.1) At any time before the expiry of the time referred to in paragraph (1)(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if

    • (a) the peace officer issues an appearance notice to the person; or

    • (b) the person gives an undertaking to the peace officer.

  • Marginal note:Person delivered or in custody

    (2) Subsections (1) and (1.1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)(a) and (b) begins after the person is delivered to the officer.

  • (2.1)[Repealed, 2019, c. 25, s. 217]

  • (2.2)[Repealed, 2019, c. 25, s. 217]

  • (2.3)[Repealed, 2019, c. 25, s. 217]

  • Marginal note:Remand in custody for return to jurisdiction where offence alleged to have been committed

    (3) Where a person has been arrested without warrant for an indictable offence alleged to have been committed in Canada outside the territorial division where the arrest took place, the person shall, within the time prescribed in paragraph (1)(a) or (b), be taken before a justice within whose jurisdiction the person was arrested unless, where the offence was alleged to have been committed within the province in which the person was arrested, the person was taken before a justice within whose jurisdiction the offence was alleged to have been committed, and the justice within whose jurisdiction the person was arrested

    • (a) if the justice is not satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, shall release that person; or

    • (b) if the justice is satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, may

      • (i) remand the person to the custody of a peace officer to await execution of a warrant for his or her arrest in accordance with section 528, but if no warrant is so executed within a period of six days after the time he or she is remanded to such custody, the person in whose custody he or she then is shall release him or her, or

      • (ii) where the offence was alleged to have been committed within the province in which the person was arrested, order the person to be taken before a justice having jurisdiction with respect to the offence.

  • Marginal note:Interim release

    (3.1) Notwithstanding paragraph (3)(b), a justice may, with the consent of the prosecutor, order that the person referred to in subsection (3), pending the execution of a warrant for the arrest of that person, be released

    • (a) without conditions; or

    • (b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)(a) to (e) that the justice considers desirable and to which the prosecutor consents.

  • Marginal note:Release of person about to commit indictable offence

    (4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.

  • Marginal note:Consequences of non-release

    (5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer's duty for the purposes of

    • (a) any proceedings under this or any other Act of Parliament; or

    • (b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).

  • R.S., 1985, c. C-46, s. 503
  • R.S., 1985, c. 27 (1st Supp.), s. 77
  • 1994, c. 44, s. 42
  • 1997, c. 18, s. 55
  • 1998, c. 7, s. 3
  • 1999, c. 25, s. 7(Preamble)
  • 2019, c. 25, s. 217

Information, Summons and Warrant

Marginal note:In what cases justice may receive information

504  Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the information, where it is alleged

  • (a) that the person has committed, anywhere, an indictable offence that may be tried in the province in which the justice resides, and that the person

    • (i) is or is believed to be, or

    • (ii) resides or is believed to reside,

    within the territorial jurisdiction of the justice;

  • (b) that the person, wherever he may be, has committed an indictable offence within the territorial jurisdiction of the justice;

  • (c) that the person has, anywhere, unlawfully received property that was unlawfully obtained within the territorial jurisdiction of the justice; or

  • (d) that the person has in his possession stolen property within the territorial jurisdiction of the justice.

  • R.S., c. C-34, s. 455
  • R.S., c. 2(2nd Supp.), s. 5

Marginal note:Time within which information to be laid in certain cases

505  If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.

  • R.S., 1985, c. C-46, s. 505
  • 2019, c. 25, s. 218

Marginal note:Form

506  An information laid under section 504 or 505 may be in Form 2.

  • R.S., c. 2(2nd Supp.), s. 5

Marginal note:Justice to hear informant and witnesses — public prosecutions

  • 507 (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General's agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant,

    • (a) hear and consider, ex parte,

      • (i) the allegations of the informant, and

      • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so; and

    • (b) where he considers that a case for so doing is made out, issue, in accordance with this section, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence.

  • Marginal note:Process compulsory

    (2) No justice shall refuse to issue a summons or warrant by reason only that the alleged offence is one for which a person may be arrested without warrant.

  • Marginal note:Procedure when witnesses attend

    (3) A justice who hears the evidence of a witness pursuant to subsection (1) shall

    • (a) take the evidence on oath; and

    • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

  • Marginal note:Summons to be issued except in certain cases

    (4) Where a justice considers that a case is made out for compelling an accused to attend before him to answer to a charge of an offence, he shall issue a summons to the accused unless the allegations of the informant or the evidence of any witness or witnesses taken in accordance with subsection (3) discloses reasonable grounds to believe that it is necessary in the public interest to issue a warrant for the arrest of the accused.

  • Marginal note:No process in blank

    (5) A justice shall not sign a summons or warrant in blank.

  • Marginal note:Endorsement of warrant by justice

    (6) A justice who issues a warrant under this section or section 508, 512, 512.1 or 512.2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.

  • Marginal note:Undertaking or appearance notice deemed confirmed

    (7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.

  • Marginal note:Issue of summons or warrant

    (8) Where, on an appeal from or review of any decision or matter of jurisdiction, a new trial or hearing or a continuance or renewal of a trial or hearing is ordered, a justice may issue either a summons or a warrant for the arrest of the accused in order to compel the accused to attend at the new or continued or renewed trial or hearing.

  • R.S., 1985, c. C-46, s. 507
  • R.S., 1985, c. 27 (1st Supp.), s. 78
  • 1994, c. 44, s. 43
  • 2002, c. 13, s. 21
  • 2019, c. 25, s. 219

Marginal note:Referral when private prosecution

  • 507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information.

  • Marginal note:Summons or warrant

    (2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information.

  • Marginal note:Conditions for issuance

    (3) The judge or designated justice may issue a summons or warrant only if he or she

    • (a) has heard and considered the allegations of the informant and the evidence of witnesses;

    • (b) is satisfied that the Attorney General has received a copy of the information;

    • (c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and

    • (d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing.

  • Marginal note:Appearance of Attorney General

    (4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding.

  • Marginal note:Information deemed not to have been laid

    (5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid.

  • Marginal note:Information deemed not to have been laid — proceedings commenced

    (6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid.

  • Marginal note:New evidence required for new hearing

    (7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held.

  • Marginal note:Subsections 507(2) to (8) to apply

    (8) Subsections 507(2) to (8) apply to proceedings under this section.

  • Marginal note:Non-application — informations laid under sections 810 and 810.1

    (9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1.

  • Marginal note:Definition of designated justice

    (10) In this section, designated justice means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec.

  • Marginal note:Meaning of Attorney General

    (11) In this section, Attorney General includes the Attorney General of Canada and his or her lawful deputy in respect of proceedings that could have been commenced at the instance of the Government of Canada and conducted by or on behalf of that Government.

  • 2002, c. 13, s. 22
  • 2008, c. 18, s. 16

Marginal note:Justice to hear informant and witnesses

  • 508 (1) A justice who receives an information laid before him under section 505 shall

    • (a) hear and consider, ex parte,

      • (i) the allegations of the informant, and

      • (ii) the evidence of witnesses, where he considers it desirable or necessary to do so;

    • (b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,

      • (i) confirm the appearance notice or undertaking and endorse the information accordingly, or

      • (ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and

    • (c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.

  • Marginal note:Procedure when witnesses attend

    (2) A justice who hears the evidence of a witness pursuant to subsection (1) shall

    • (a) take the evidence on oath; and

    • (b) cause the evidence to be taken in accordance with section 540 in so far as that section is capable of being applied.

  • R.S., 1985, c. C-46, s. 508
  • R.S., 1985, c. 27 (1st Supp.), s. 79
  • 2019, c. 25, s. 220

Marginal note:Information laid otherwise than in person

  • 508.1 (1) For the purposes of sections 504 to 508, a peace officer may lay an information by any means of telecommunication that produces a writing.

  • Marginal note:Alternative to oath

    (2) A peace officer who uses a means of telecommunication referred to in subsection (1) shall, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to the officer's knowledge and belief, and such a statement is deemed to be a statement made under oath.

  • 1997, c. 18, s. 56

Marginal note:Summons

  • 509 (1) A summons issued under this Part shall

    • (a) be directed to the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.

  • Marginal note:Service on individual

    (2) A summons shall be served by a peace officer who shall deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, shall leave it for him at his latest or usual place of abode with an inmate thereof who appears to be at least sixteen years of age.

  • (3)[Repealed, 2008, c. 18, s. 17]

  • Marginal note:Summary of certain provisions

    (4) The summons must set out a summary of subsection 145(3), section 512.1 and subsection 524(4).

  • Marginal note:Attendance for purposes of Identification of Criminals Act

    (5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

  • R.S., 1985, c. C-46, s. 509
  • R.S., 1985, c. 27 (1st Supp.), s. 80
  • 1992, c. 47, s. 71
  • 1996, c. 7, s. 38
  • 2008, c. 18, s. 17
  • 2019, c. 25, s. 221

510 [Repealed, 2019, c. 25, s. 222]

Marginal note:Contents of warrant to arrest

  • 511 (1) A warrant issued under this Part shall

    • (a) name or describe the accused;

    • (b) set out briefly the offence in respect of which the accused is charged; and

    • (c) order that the accused be forthwith arrested and brought before the judge or justice who issued the warrant or before some other judge or justice having jurisdiction in the same territorial division, to be dealt with according to law.

  • Marginal note:No return day

    (2) A warrant issued under this Part remains in force until it is executed and need not be made returnable at any particular time.

  • Marginal note:Discretion to postpone execution

    (3) Notwithstanding paragraph (1)(c), a judge or justice who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge or justice having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (4) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 511
  • R.S., 1985, c. 27 (1st Supp.), s. 81
  • 1997, c. 18, s. 57

Marginal note:Certain actions not to preclude issue of warrant

  • 512 (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that

    • (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);

    • (b) a summons has previously been issued under subsection 507(4); or

    • (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.

  • Marginal note:Warrant in default of appearance

    (2) Where

    • (a) service of a summons is proved and the accused fails to attend court in accordance with the summons,

    • (b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or

    • (c) it appears that a summons cannot be served because the accused is evading service,

    a justice may issue a warrant for the arrest of the accused.

  • R.S., 1985, c. C-46, s. 512
  • R.S., 1985, c. 27 (1st Supp.), s. 82
  • 1997, c. 18, s. 58
  • 2019, c. 25, s. 223

Marginal note:Arrest warrant — failure to appear under summons

512.1  If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General , within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

  • 2019, c. 25, s. 224

Marginal note:Arrest warrant — failure to appear under appearance notice or undertaking

512.2  If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

  • 2019, c. 25, s. 224

Marginal note:Warrant to appear under section 524

512.3  If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.

  • 2019, c. 25, s. 224

Marginal note:Formalities of warrant

513  A warrant in accordance with this Part shall be directed to the peace officers within the territorial jurisdiction of the justice, judge or court by whom or by which it is issued.

  • R.S., c. 2(2nd Supp.), s. 5

Marginal note:Execution of warrant

  • 514 (1) A warrant in accordance with this Part may be executed by arresting the accused

    • (a) wherever he is found within the territorial jurisdiction of the justice, judge or court by whom or by which the warrant was issued; or

    • (b) wherever he is found in Canada, in the case of fresh pursuit.

  • Marginal note:By whom warrant may be executed

    (2) A warrant in accordance with this Part may be executed by a person who is one of the peace officers to whom it is directed, whether or not the place in which the warrant is to be executed is within the territory for which the person is a peace officer.

  • R.S., c. 2(2nd Supp.), s. 5

Judicial Interim Release

Marginal note:Release order without conditions

  • 515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

  • Marginal note:Release order with conditions

    (2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,

    • (a) an indication that the release order does not include any financial obligations;

    • (b) the accused's promise to pay a specified amount if they fail to comply with a condition of the order;

    • (c) the obligation to have one or more sureties, with or without the accused's promise to pay a specified amount if they fail to comply with a condition of the order;

    • (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused's promise to pay a specified amount if they fail to comply with a condition of the order; or

    • (e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused's promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.

  • Marginal note:Imposition of least onerous form of release

    (2.01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.

  • Marginal note:Promise to pay favoured over deposit

    (2.02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.

  • Marginal note:Restraint in use of surety

    (2.03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.

  • Marginal note:Power of justice — sureties

    (2.1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.

  • Marginal note:Appearance of the accused

    (2.2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.3), by audioconference, if the technological means is satisfactory to the justice.

  • Marginal note:When consent required for audioconference

    (2.3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.

  • Marginal note:Factors to consider

    (3) In making an order under this section, the justice shall consider any relevant factors, including,

    • (a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or

    • (b) whether the accused has been previously convicted of a criminal offence.

  • Marginal note:Conditions authorized

    (4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:

    • (a) report at specified times to a peace officer, or other person, designated in the order;

    • (b) remain within a specified territorial jurisdiction;

    • (c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;

    • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (f) deposit all their passports as specified in the order;

    • (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

    • (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.

  • Marginal note:Condition prohibiting possession of firearms, etc.

    (4.1) When making an order under subsection (2), in the case of an accused who is charged with

    • (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    • (a.1) a terrorism offence,

    • (b) an offence under section 264 (criminal harassment),

    • (b.1) an offence under section 423.1 (intimidation of a justice system participant),

    • (b.2) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act,

    • (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act,

    • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

    • (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

    the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

  • Marginal note:Surrender, etc.

    (4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

    • (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Additional conditions

    (4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order

    • (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (a.1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or

    • (b) that the accused comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of those persons.

  • Marginal note:Offences

    (4.3) The offences for the purposes of subsection (4.2) are

    • (a) a terrorism offence;

    • (b) an offence described in section 264 or 423.1;

    • (c) an offence in the commission of which violence against a person was used, threatened or attempted; and

    • (d) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.

  • Marginal note:Detention in custody

    (5) Where the prosecutor shows cause why the detention of the accused in custody is justified, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall include in the record a statement of his reasons for making the order.

  • Marginal note:Order of detention

    (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused's detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

    • (a) with an indictable offence, other than an offence listed in section 469,

      • (i) that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,

      • (ii) that is an offence under section 467.11, 467.111, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,

      • (iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

      • (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

      • (v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),

      • (vi) that is an offence under section 99, 100 or 103,

      • (vii) that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

      • (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

    • (b) with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada,

    • (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

    • (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or

    • (d) with having committed an offence punishable by imprisonment for life under any of sections 5 to 7 of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

  • Marginal note:Reasons

    (6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice's reasons for making the order.

  • Marginal note:Release order

    (7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.2) that the justice considers desirable.

  • (8)[Repealed, 2019, c. 25, s. 225]

  • Marginal note:Sufficiency of record

    (9) For the purposes of subsections (5) and (6), it is sufficient if a record is made of the reasons in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.

  • Marginal note:Written reasons

    (9.1) Despite subsection (9), if the justice orders that the accused be detained in custody primarily because of a previous conviction of the accused, the justice shall state that reason, in writing, in the record.

  • Marginal note:Justification for detention in custody

    (10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

    • (a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

    • (b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

    • (c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

      • (i) the apparent strength of the prosecution's case,

      • (ii) the gravity of the offence,

      • (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

      • (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

  • Marginal note:Detention in custody for offence listed in section 469

    (11) Where an accused who is charged with an offence mentioned in section 469 is taken before a justice, the justice shall order that the accused be detained in custody until he is dealt with according to law and shall issue a warrant in Form 8 for the committal of the accused.

  • Marginal note:Order re no communication

    (12) A justice who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with such conditions specified in the order as the justice considers necessary.

  • Marginal note:Consideration of victim's safety and security

    (13) A justice who makes an order under this section shall include in the record of the proceedings a statement that he or she considered the safety and security of every victim of the offence when making the order.

  • Marginal note:Copy to victim

    (14) If an order is made under this section, the justice shall, on request by a victim of the offence, cause a copy of the order to be given to the victim.

  • R.S., 1985, c. C-46, s. 515
  • R.S., 1985, c. 27 (1st Supp.), ss. 83, 186
  • 1991, c. 40, s. 31
  • 1993, c. 45, s. 8
  • 1994, c. 44, s. 44
  • 1995, c. 39, s. 153
  • 1996, c. 19, ss. 71, 93.3
  • 1997, c. 18, s. 59, c. 23, s. 16
  • 1999, c. 5, s. 21, c. 25, s. 8(Preamble)
  • 2001, c. 32, s. 37, c. 41, ss. 19, 133
  • 2008, c. 6, s. 37
  • 2009, c. 22, s. 17, c. 29, s. 2
  • 2010, c. 20, s. 1
  • 2012, c. 1, s. 32
  • 2014, c. 17, s. 14
  • 2015, c. 13, s. 20
  • 2018, c. 16, s. 218
  • 2019, c. 25, s. 225

Marginal note:Declaration of surety

  • 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out

    • (a) their name, date of birth and contact information;

    • (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

    • (c) their relationship to the accused;

    • (d) the name and date of birth of any other accused for whom they act as a surety;

    • (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused's criminal record, if any;

    • (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

    • (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

    • (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

  • Marginal note:Exception

    (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

    • (a) the prosecutor consents to it; or

    • (b) the judge, justice or court is satisfied that

      • (i) the person cannot reasonably provide a declaration in the circumstances,

      • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

      • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.

  • Marginal note:Means of telecommunication

    (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.

  • 1997, c. 18, s. 60
  • 2019, c. 25, s. 226

Marginal note:Remand in custody

  • 516 (1) A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Detention pending bail hearing

    (2) A justice who remands an accused to custody under subsection (1) or subsection 515(11) may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.

  • Marginal note:Duration of order

    (3) An order made under subsection (2) remains in force,

    • (a) until it is varied or revoked;

    • (b) until an order in respect of the accused is made under section 515;

    • (c) until the accused is acquitted of the offence, if applicable; or

    • (d) until the time the accused is sentenced, if applicable.

  • R.S., 1985, c. C-46, s. 516
  • 1999, c. 5, s. 22, c. 25, s. 31(Preamble)
  • 2019, c. 25, s. 227

Marginal note:Order directing matters not to be published for specified period

  • 517 (1) If the prosecutor or the accused intends to show cause under section 515, he or she shall so state to the justice and the justice may, and shall on application by the accused, before or at any time during the course of the proceedings under that section, make an order directing that the evidence taken, the information given or the representations made and the reasons, if any, given or to be given by the justice shall not be published in any document, or broadcast or transmitted in any way before such time as

    • (a) if a preliminary inquiry is held, the accused in respect of whom the proceedings are held is discharged; or

    • (b) if the accused in respect of whom the proceedings are held is tried or ordered to stand trial, the trial is ended.

  • Marginal note:Failure to comply

    (2) Every person who fails, without lawful excuse, to comply with an order made under subsection (1) is guilty of an offence punishable on summary conviction.

  • (3)[Repealed, 2005, c. 32, s. 17]

  • R.S., 1985, c. C-46, s. 517
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)
  • 2005, c. 32, s. 17
  • 2018, c. 29, s. 62

Marginal note:Inquiries to be made by justice and evidence

  • 518 (1) In any proceedings under section 515,

    • (a) the justice may, subject to paragraph (b), make such inquiries, on oath or otherwise, of and concerning the accused as he considers desirable;

    • (b) the accused shall not be examined by the justice or any other person except counsel for the accused respecting the offence with which the accused is charged, and no inquiry shall be made of the accused respecting that offence by way of cross-examination unless the accused has testified respecting the offence;

    • (c) the prosecutor may, in addition to any other relevant evidence, lead evidence

      • (i) to prove that the accused has previously been convicted of a criminal offence,

      • (ii) to prove that the accused has been charged with and is awaiting trial for another criminal offence,

      • (iii) to prove that the accused has previously committed an offence under section 145, or

      • (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

    • (d) the justice may take into consideration any relevant matters agreed on by the prosecutor and the accused or his counsel;

    • (d.1) the justice may receive evidence obtained as a result of an interception of a private communication under and within the meaning of Part VI, in writing, orally or in the form of a recording and, for the purposes of this section, subsection 189(5) does not apply to that evidence;

    • (d.2) the justice shall take into consideration any evidence submitted regarding the need to ensure the safety or security of any victim of or witness to an offence; and

    • (e) the justice may receive and base his decision on evidence considered credible or trustworthy by him in the circumstances of each case.

  • Marginal note:Release pending sentence

    (2) Where, before or at any time during the course of any proceedings under section 515, the accused pleads guilty and that plea is accepted, the justice may make any order provided for in this Part for the release of the accused until the accused is sentenced.

  • R.S., 1985, c. C-46, s. 518
  • R.S., 1985, c. 27 (1st Supp.), ss. 84, 185(F)
  • 1994, c. 44, s. 45
  • 1999, c. 25, s. 9(Preamble)

Marginal note:Release of accused

  • 519 (1) If a justice makes a release order under section 515,

    • (a) if the accused thereupon complies with the order, the justice shall direct that the accused be released

      • (i) forthwith, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter;

    • (b) if the accused does not thereupon comply with the order, the justice who made the order or another justice having jurisdiction shall issue a warrant for the committal of the accused and may endorse thereon an authorization to the person having the custody of the accused to release the accused when the accused complies with the order

      • (i) forthwith after the compliance, if the accused is not required to be detained in custody in respect of any other matter, or

      • (ii) as soon thereafter as the accused is no longer required to be detained in custody in respect of any other matter

      and if the justice so endorses the warrant, he shall attach to it a copy of the order; and

    • (c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.

  • Marginal note:Discharge from custody

    (2) Where the accused complies with an order referred to in paragraph (1)(b) and is not required to be detained in custody in respect of any other matter, the justice who made the order or another justice having jurisdiction shall, unless the accused has been or will be released pursuant to an authorization referred to in that paragraph, issue an order for discharge in Form 39.

  • Marginal note:Warrant for committal

    (3) Where the justice makes an order under subsection 515(5) or (6) for the detention of the accused, he shall issue a warrant for the committal of the accused.

  • R.S., 1985, c. C-46, s. 519
  • R.S., 1985, c. 27 (1st Supp.), s. 85
  • 2019, c. 25, s. 228

Marginal note:Variation of release order with consent

519.1  A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.

  • 2019, c. 25, s. 229

Marginal note:Review of order

  • 520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to prosecutor

    (2) An application under this section shall not, unless the prosecutor otherwise consents, be heard by a judge unless the accused has given to the prosecutor at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application by the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Execution

    (6) A warrant issued under subsection (5) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (7) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the accused or the prosecutor,

    and shall either

    • (d) dismiss the application, or

    • (e) if the accused shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers is warranted.

  • Marginal note:Limitation of further applications

    (8) Where an application under this section or section 521 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (9) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 520
  • R.S., 1985, c. 27 (1st Supp.), s. 86
  • 1994, c. 44, s. 46
  • 1999, c. 3, s. 31
  • 2019, c. 25, s. 230

Marginal note:Review of order

  • 521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

  • Marginal note:Notice to accused

    (2) An application under this section shall not be heard by a judge unless the prosecutor has given to the accused at least two clear days notice in writing of the application.

  • Marginal note:Accused to be present

    (3) If the judge so orders or the prosecutor or the accused or his counsel so requests, the accused shall be present at the hearing of an application under this section and, where the accused is in custody, the judge may order, in writing, the person having the custody of the accused to bring him before the court.

  • Marginal note:Adjournment of proceedings

    (4) A judge may, before or at any time during the hearing of an application under this section, on application of the prosecutor or the accused, adjourn the proceedings, but if the accused is in custody no adjournment shall be for more than three clear days except with the consent of the accused.

  • Marginal note:Failure of accused to attend

    (5) Where an accused, other than an accused who is in custody, has been ordered by a judge to be present at the hearing of an application under this section and does not attend the hearing, the judge may issue a warrant for the arrest of the accused.

  • Marginal note:Warrant for detention

    (6) Where, pursuant to paragraph (8)(e), the judge makes an order that the accused be detained in custody until he is dealt with according to law, he shall, if the accused is not in custody, issue a warrant for the committal of the accused.

  • Marginal note:Execution

    (7) A warrant issued under subsection (5) or (6) may be executed anywhere in Canada.

  • Marginal note:Evidence and powers of judge on review

    (8) On the hearing of an application under this section, the judge may consider

    • (a) the transcript, if any, of the proceedings heard by the justice and by any judge who previously reviewed the order made by the justice,

    • (b) the exhibits, if any, filed in the proceedings before the justice, and

    • (c) such additional evidence or exhibits as may be tendered by the prosecutor or the accused,

    and shall either

    • (d) dismiss the application, or

    • (e) if the prosecutor shows cause, allow the application, vacate the order previously made by the justice and make any other order provided for in section 515 that he considers to be warranted.

  • Marginal note:Limitation of further applications

    (9) Where an application under this section or section 520 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, prior to the expiration of thirty days from the date of the decision of the judge who heard the previous application.

  • Marginal note:Application of sections 517, 518 and 519

    (10) The provisions of sections 517, 518 and 519 apply with such modifications as the circumstances require in respect of an application under this section.

  • R.S., 1985, c. C-46, s. 521
  • R.S., 1985, c. 27 (1st Supp.), s. 87
  • 1994, c. 44, s. 47
  • 1999, c. 3, s. 32
  • 2019, c. 25, s. 231

Marginal note:Interim release by judge only

  • 522 (1) Where an accused is charged with an offence listed in section 469, no court, judge or justice, other than a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is so charged, may release the accused before or after the accused has been ordered to stand trial.

  • Marginal note:Idem

    (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).

  • Marginal note:Order re no communication

    (2.1) A judge referred to in subsection (2) who orders that an accused be detained in custody under this section may include in the order a direction that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order except in accordance with such conditions specified in the order as the judge considers necessary.

  • Marginal note:Release of accused

    (3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.

  • Marginal note:Order not reviewable except under section 680

    (4) An order made under this section is not subject to review, except as provided in section 680.

  • Marginal note:Application of sections 517, 518 and 519

    (5) The provisions of sections 517, 518 except subsection (2) thereof, and 519 apply with such modifications as the circumstances require in respect of an application for an order under subsection (2).

  • Marginal note:Other offences

    (6) Where an accused is charged with an offence mentioned in section 469 and with any other offence, a judge acting under this section may apply the provisions of this Part respecting judicial interim release to that other offence.

  • R.S., 1985, c. C-46, s. 522
  • R.S., 1985, c. 27 (1st Supp.), s. 88
  • 1991, c. 40, s. 32
  • 1994, c. 44, s. 48
  • 1999, c. 25, s. 10(Preamble)
  • 2019, c. 25, s. 232

Marginal note:Period for which appearance notice, etc., continues in force

  • 523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,

    • (a) where the accused was released from custody pursuant to an order of a judge made under subsection 522(3), until his trial is completed; or

    • (b) in any other case,

      • (i) until his trial is completed, and

      • (ii) where the accused is, at his trial, determined to be guilty of the offence, until a sentence within the meaning of section 673 is imposed on the accused unless, at the time the accused is determined to be guilty, the court, judge or justice orders that the accused be taken into custody pending such sentence.

  • Marginal note:When new information is received

    (1.1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.

  • Marginal note:When direct indictment preferred

    (1.2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.

  • Marginal note:Order vacating previous order for release or detention

    (2) Despite subsections (1) to (1.2),

    • (a) the court, judge or justice before which or whom an accused is being tried, at any time,

    • (b) the justice, on completion of the preliminary inquiry in relation to an offence for which an accused is ordered to stand trial, other than an offence listed in section 469, or

    • (c) with the consent of the prosecutor and the accused or, where the accused or the prosecutor applies to vacate an order that would otherwise apply pursuant to subsection (1.1), without such consent, at any time

      • (i) where the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice,

      • (ii) where the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, or

      • (iii) the court, judge or justice before which or whom an accused is to be tried,

      may, on cause being shown, vacate any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused until his trial is completed that the court, judge or justice considers to be warranted.

  • Marginal note:Provisions applicable to proceedings under subsection (2)

    (3) The provisions of sections 517, 518 and 519 apply, with such modifications as the circumstances require, in respect of any proceedings under subsection (2), except that subsection 518(2) does not apply in respect of an accused who is charged with an offence listed in section 469.

  • R.S., 1985, c. C-46, s. 523
  • R.S., 1985, c. 27 (1st Supp.), s. 89
  • 2011, c. 16, s. 2
  • 2019, c. 25, s. 233

Proceedings Respecting Failure to Comply with Release Conditions

Marginal note:Judicial referral hearing

  • 523.1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall

    • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or

    • (b) in any other case, hear the matter.

  • Marginal note:Circumstances

    (2) The circumstances referred to in subsection (1) are the following:

    • (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or

    • (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.

  • Marginal note:Powers — Judge or Justice

    (3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,

    • (a) take no action;

    • (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,

      • (i) make a release order under section 515, or

      • (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge's or justice's reasons for making the order; or

    • (c) remand the accused to custody for the purposes of the Identification of Criminals Act.

  • Marginal note:Dismissal of charge

    (4) If a charge has been laid against the accused for the failure referred to in paragraph (2)(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.

  • Marginal note:No information or indictment

    (5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)(a).

  • 2019, c. 25, s. 234

Marginal note:Hearing

  • 524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall

    • (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or

    • (b) in any other case, hear the matter.

  • Marginal note:Circumstances

    (2) The circumstances referred to in subsection (1) are the following:

    • (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; or

    • (b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.

  • Marginal note:Cancellation

    (3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that

    • (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or

    • (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.

  • Marginal note:Detention

    (4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).

  • Marginal note:Release order

    (5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.

  • Marginal note:Reasons

    (6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.

  • Marginal note:Release

    (7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.

  • Marginal note:Provisions applicable to proceedings under this section

    (8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.

  • Marginal note:Review — order by judge

    (9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.

  • Marginal note:Review — order of justice

    (10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.

  • R.S., 1985, c. C-46, s. 524
  • 1999, c. 3, s. 33
  • 2019, c. 25, s. 234

Review of Detention where Trial Delayed

Marginal note:Time for application to judge

  • 525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

    • (a) the day on which the accused was taken before a justice under section 503; or

    • (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.1(3)(b)(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

    The person shall make the application immediately after the expiry of those 90 days.

  • Marginal note:Waiver of right to hearing

    (1.1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

  • Marginal note:Notice of hearing

    (2) On receiving an application under subsection (1), the judge shall

    • (a) fix a date for the hearing described in subsection (1) to be held in the jurisdiction

      • (i) where the accused is in custody, or

      • (ii) where the trial is to take place; and

    • (b) direct that notice of the hearing be given to such persons, including the prosecutor and the accused, and in such manner as the judge may specify.

  • Marginal note:Cancellation of hearing

    (3) The judge may cancel the hearing if the judge receives the accused's waiver before the hearing.

  • Marginal note:Consideration of proceeding's progression

    (4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

    • (a) give directions for expediting the proceedings; or

    • (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

  • Marginal note:Release order

    (5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

  • Marginal note:Provisions applicable to proceedings

    (6) Sections 495.1, 512.3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Definition of judge in the Province of Quebec

    (7) In this section, judge , in the Province of Quebec,

    • (a) in the case where the order that the accused be detained in custody has been made by a judge of the superior court of criminal jurisdiction of the Province of Quebec, has the same meaning as in paragraph (b) of the definition judge in section 493; and

    • (b) in any other case, means a judge of the superior court of criminal jurisdiction of the province, a judge of the Court of Quebec or three judges of the Court of Quebec.

  • (8)[Repealed, 2019, c. 25, s. 235]

  • (9)[Repealed, 2019, c. 25, s. 235]

  • R.S., 1985, c. C-46, s. 525
  • R.S., 1985, c. 27 (1st Supp.), s. 90
  • 1994, c. 44, s. 49
  • 1997, c. 18, s. 61
  • 2019, c. 25, s. 235

Marginal note:Directions for expediting proceedings

526  Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.

  • R.S., 1985, c. C-46, s. 526
  • R.S., 1985, c. 27 (1st Supp.), s. 91
  • 2019, c. 25, s. 236

Procedure to Procure Attendance of a Prisoner

Marginal note:Procuring attendance

  • 527 (1) A judge of a superior court of criminal jurisdiction may order in writing that a person who is confined in a prison be brought before the court, judge, justice or provincial court judge before whom the prisoner is required to attend, from day to day as may be necessary, if

    • (a) the applicant for the order sets out the facts of the case in an affidavit and produces the warrant, if any; and

    • (b) the judge is satisfied that the ends of justice require that an order be made.

  • Marginal note:Provincial court judge's order

    (2) A provincial court judge has the same powers for the purposes of subsection (1) or (7) as a judge has under that subsection where the person whose attendance is required is within the province in which the provincial court judge has jurisdiction.

  • Marginal note:Conveyance of prisoner

    (3) An order that is made under subsection (1) or (2) shall be addressed to the person who has custody of the prisoner, and on receipt thereof that person shall

    • (a) deliver the prisoner to any person who is named in the order to receive him; or

    • (b) bring the prisoner before the court, judge, justice or provincial court judge, as the case may be, on payment of his reasonable charges in respect thereof.

  • Marginal note:Detention of prisoner required as witness

    (4) Where a prisoner is required as a witness, the judge or provincial court judge shall direct, in the order, the manner in which the prisoner shall be kept in custody and returned to the prison from which he is brought.

  • Marginal note:Detention in other cases

    (5) Where the appearance of a prisoner is required for the purposes of paragraph (1)(a) or (b), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

    • (a) to be kept in custody, if he is ordered to stand trial; or

    • (b) to be returned, if he is discharged on a preliminary inquiry or if he is acquitted of the charge against him.

  • Marginal note:Application of sections respecting sentence

    (6) Sections 718.3 and 743.1 apply where a prisoner to whom this section applies is convicted and sentenced to imprisonment by the court, judge, justice or provincial court judge.

  • Marginal note:Transfer of prisoner

    (7) On application by the prosecutor, a judge of a superior court of criminal jurisdiction may, if a prisoner or a person in the custody of a peace officer consents in writing, order the transfer of the prisoner or other person to the custody of a peace officer named in the order for a period specified in the order, where the judge is satisfied that the transfer is required for the purpose of assisting a peace officer acting in the execution of his or her duties.

  • Marginal note:Conveyance of prisoner

    (8) An order under subsection (7) shall be addressed to the person who has custody of the prisoner and on receipt thereof that person shall deliver the prisoner to the peace officer who is named in the order to receive him.

  • Marginal note:Return

    (9) When the purposes of any order made under this section have been carried out, the prisoner shall be returned to the place where he was confined at the time the order was made.

  • R.S., 1985, c. C-46, s. 527
  • R.S., 1985, c. 27 (1st Supp.), ss. 92, 101(E), 203
  • 1994, c. 44, s. 50
  • 1995, c. 22, s. 10
  • 1997, c. 18, s. 62
  • 2015, c. 3, s. 52(F)

Endorsement of Warrant

Marginal note:Endorsing warrant

  • 528 (1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.

  • Marginal note:Copy of affidavit or warrant

    (1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).

  • Marginal note:Effect of endorsement

    (2) An endorsement that is made on a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.

  • R.S., 1985, c. C-46, s. 528
  • R.S., 1985, c. 27 (1st Supp.), s. 93
  • 1994, c. 44, s. 51

Powers to Enter Dwelling-houses to Carry out Arrests

Marginal note:Including authorization to enter in warrant of arrest

  • 529 (1) A warrant to arrest or apprehend a person issued by a judge or justice under this or any other Act of Parliament may authorize a peace officer, subject to subsection (2), to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending the person if the judge or justice is satisfied by information on oath in writing that there are reasonable grounds to believe that the person is or will be present in the dwelling-house.

  • Marginal note:Execution

    (2) An authorization to enter a dwelling-house granted under subsection (1) is subject to the condition that the peace officer may not enter the dwelling-house unless the peace officer has, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

  • R.S., 1985, c. C-46, s. 529
  • 1994, c. 44, s. 52
  • 1997, c. 39, s. 2

Marginal note:Warrant to enter dwelling-house

529.1  A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that

  • (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

  • (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or

  • (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act.

  • 1997, c. 39, s. 2
  • 2002, c. 13, s. 23

Marginal note:Reasonable terms and conditions

529.2  Subject to section 529.4, the judge or justice shall include in a warrant referred to in section 529 or 529.1 any terms and conditions that the judge or justice considers advisable to ensure that the entry into the dwelling-house is reasonable in the circumstances.

  • 1997, c. 39, s. 2

Marginal note:Authority to enter dwelling without warrant

  • 529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

  • Marginal note:Exigent circumstances

    (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer

    • (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or

    • (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

  • 1997, c. 39, s. 2

Marginal note:Omitting announcement before entry

  • 529.4 (1) A judge or justice who authorizes a peace officer to enter a dwelling-house under section 529 or 529.1, or any other judge or justice, may authorize the peace officer to enter the dwelling-house without prior announcement if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that prior announcement of the entry would

    • (a) expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note:Execution of authorization

    (2) An authorization under this section is subject to the condition that the peace officer may not enter the dwelling-house without prior announcement despite being authorized to do so unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • Marginal note:Exception

    (3) A peace officer who enters a dwelling-house without a warrant under section 529.3 may not enter the dwelling-house without prior announcement unless the peace officer has, immediately before entering the dwelling-house,

    • (a) reasonable grounds to suspect that prior announcement of the entry would expose the peace officer or any other person to imminent bodily harm or death; or

    • (b) reasonable grounds to believe that prior announcement of the entry would result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

  • 1997, c. 39, s. 2

Marginal note:Telewarrant

529.5  If a peace officer believes that it would be impracticable in the circumstances to appear personally before a judge or justice to make an application for a warrant under section 529.1 or an authorization under section 529 or 529.4, the warrant or authorization may be issued on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with any modifications that the circumstances require, to the warrant or authorization.

  • 1997, c. 39, s. 2

PART XVII Language of Accused

Marginal note:Language of accused

  • 530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.

  • Marginal note:Idem

    (2) On application by an accused whose language is not one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.

  • Marginal note:Accused to be advised of right

    (3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.

  • Marginal note:Remand

    (4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as "the court", is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.

  • Marginal note:Variation of order

    (5) An order under this section that a trial be held in one of the official languages of Canada may, if the circumstances warrant, be varied by the court to require that it be held in both official languages of Canada, and vice versa.

  • Marginal note:Circumstances warranting order directing trial in both official languages

    (6) The facts that two or more accused who are to be tried together are each entitled to be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak one of the official languages of Canada and that those official languages are different may constitute circumstances that warrant that an order be granted directing that they be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages of Canada.

  • R.S., 1985, c. C-46, s. 530
  • R.S., 1985, c. 27 (1st Supp.), ss. 94, 203
  • 1999, c. 3, s. 34
  • 2008, c. 18, s. 18
  • 2019, c. 25, s. 237

Marginal note:Translation of documents

  • 530.01 (1) If an order is granted under section 530, a prosecutor — other than a private prosecutor — shall, on application by the accused,

    • (a) cause the portions of an information or indictment against the accused that are in an official language that is not that of the accused or that in which the accused can best give testimony to be translated into the other official language; and

    • (b) provide the accused with a written copy of the translated text at the earliest possible time.

  • Marginal note:Original version prevails

    (2) In the case of a discrepancy between the original version of a document and the translated text, the original version shall prevail.

  • 2008, c. 18, s. 19

Marginal note:If order granted

530.1  If an order is granted under section 530,

  • (a) the accused and his counsel have the right to use either official language for all purposes during the preliminary inquiry and trial of the accused;

  • (b) the accused and his counsel may use either official language in written pleadings or other documents used in any proceedings relating to the preliminary inquiry or trial of the accused;

  • (c) any witness may give evidence in either official language during the preliminary inquiry or trial;

  • (c.1) the presiding justice or judge may, if the circumstances warrant, authorize the prosecutor to examine or cross-examine a witness in the official language of the witness even though it is not that of the accused or that in which the accused can best give testimony;

  • (d) the accused has a right to have a justice presiding over the preliminary inquiry who speaks the official language of the accused or both official languages, as the case may be;

  • (e) the accused has a right to have a prosecutor — other than a private prosecutor — who speaks the official language of the accused or both official languages, as the case may be;

  • (f) the court shall make interpreters available to assist the accused, his counsel or any witness during the preliminary inquiry or trial;

  • (g) the record of proceedings during the preliminary inquiry or trial shall include

    • (i) a transcript of everything that was said during those proceedings in the official language in which it was said,

    • (ii) a transcript of any interpretation into the other official language of what was said, and

    • (iii) any documentary evidence that was tendered during those proceedings in the official language in which it was tendered; and

  • (h) any trial judgment, including any reasons given therefor, issued in writing in either official language, shall be made available by the court in the official language that is the language of the accused.

  • R.S., 1985, c. 31 (4th Supp.), s. 94
  • 2008, c. 18, s. 20

Marginal note:Language used in proceeding

  • 530.2 (1) If an order is granted directing that an accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak both official languages, the justice or judge presiding over a preliminary inquiry or trial may, at the start of the proceeding, make an order setting out the circumstances in which, and the extent to which, the prosecutor and the justice or judge may use each official language.

  • Marginal note:Right of the accused

    (2) Any order granted under this section shall, to the extent possible, respect the right of the accused to be tried in his or her official language.

  • 2008, c. 18, s. 21

Marginal note:Change of venue

531  Despite any other provision of this Act but subject to any regulations made under section 533, if an order made under section 530 cannot be conveniently complied with in the territorial division in which the offence would otherwise be tried, the court shall, except if that territorial division is in the Province of New Brunswick, order that the trial of the accused be held in another territorial division in the same province.

  • R.S., 1985, c. C-46, s. 531
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2008, c. 18, s. 21

Marginal note:Saving

532  Nothing in this Part or the Official Languages Act derogates from or otherwise adversely affects any right afforded by a law of a province in force on the coming into force of this Part in that province or thereafter coming into force relating to the language of proceedings or testimony in criminal matters that is not inconsistent with this Part or that Act.

  • 1977-78, c. 36, s. 1

Marginal note:Regulations

533  The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively.

  • R.S., 1985, c. C-46, s. 533
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 144

Marginal note:Review

  • 533.1 (1) Within three years after this section comes into force, a comprehensive review of the provisions and operation of this Part shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

  • 2008, c. 18, s. 21.1

534 [Repealed, 1997, c. 18, s. 63]

PART XVIII Procedure on Preliminary Inquiry

Jurisdiction

Marginal note:Inquiry by justice

535  If an accused who is charged with an indictable offence that is punishable by 14 years or more of imprisonment is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

  • R.S., 1985, c. C-46, s. 535
  • R.S., 1985, c. 27 (1st Supp.), s. 96
  • 2002, c. 13, s. 24
  • 2019, c. 25, s. 238

Marginal note:Remand by justice to provincial court judge in certain cases

  • 536 (1) Where an accused is before a justice other than a provincial court judge charged with an offence over which a provincial court judge has absolute jurisdiction under section 553, the justice shall remand the accused to appear before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed.

  • Marginal note:Election before justice — 14 years or more of imprisonment

    (2) If an accused is before a justice, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election before justice — other indictable offences

    (2.1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

  • Marginal note:Procedure where accused elects trial by provincial court judge

    (3) Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall

    • (a) where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or

    • (b) where the justice is a provincial court judge, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.

  • Marginal note:Request for preliminary inquiry

    (4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (4.1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

    • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

    • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2.1)

    (4.12) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:When no request for preliminary inquiry

    (4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed.

  • Marginal note:Jurisdiction

    (5) Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4).

  • R.S., 1985, c. C-46, s. 536
  • R.S., 1985, c. 27 (1st Supp.), s. 96
  • 2002, c. 13, s. 25
  • 2004, c. 12, s. 9
  • 2019, c. 25, s. 239

Marginal note:Remand by justice — Nunavut

  • 536.1 (1) If an accused is before a justice of the peace charged with an indictable offence mentioned in section 553, the justice of the peace shall remand the accused to appear before a judge.

  • Marginal note:Election before judge or justice of the peace in Nunavut — 14 years or more of imprisonment

    (2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by 14 years or more of imprisonment, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election before judge or justice of the peace in Nunavut — other indictable offences

    (2.1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by 14 years or more of imprisonment, an offence listed in section 469 that is not punishable by 14 years or more of imprisonment or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

    You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?

  • Marginal note:Request for preliminary inquiry — Nunavut

    (3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2)

    (4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

    • (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and

    • (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — other accused charged with an offence punishable by 14 years or more of imprisonment

    (4.01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by 14 years or more of imprisonment, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

  • Marginal note:Endorsement on the information — accused referred to in subsection (2.1)

    (4.02) If an accused referred to in subsection (2.1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:Procedure if accused elects trial by judge — Nunavut

    (4.2) If no request for a preliminary inquiry is made under subsection (3),

    • (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or

    • (b) if the accused is before a judge, the judge shall

      • (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or

      • (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial.

  • Marginal note:Jurisdiction — Nunavut

    (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3).

  • Marginal note:Application to Nunavut

    (6) This section, and not section 536, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 35
  • 2002, c. 13, s. 26
  • 2004, c. 12, s. 10
  • 2019, c. 25, s. 240

Marginal note:Elections and re-elections in writing

536.2  An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused.

  • 2002, c. 13, s. 27

Procedures before Preliminary Inquiry

Marginal note:Statement of issues and witnesses

536.3  If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies

  • (a) the issues on which the requesting party wants evidence to be given at the inquiry; and

  • (b) the witnesses that the requesting party wants to hear at the inquiry.

  • 2002, c. 13, s. 27
  • 2011, c. 16, s. 3(F)

Marginal note:Order for hearing

  • 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice's own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to

    • (a) assist the parties to identify the issues on which evidence will be given at the inquiry;

    • (b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses' needs and circumstances; and

    • (c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry.

  • Marginal note:Agreement to be recorded

    (2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties.

  • 2002, c. 13, s. 27

Marginal note:Agreement to limit scope of preliminary inquiry

536.5  Whether or not a hearing is held under section 536.4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be.

  • 2002, c. 13, s. 27
  • 2019, c. 25, s. 241(E)

Powers of Justice

Marginal note:Powers of justice

  • 537 (1) A justice acting under this Part may

    • (a) adjourn an inquiry from time to time and change the place of hearing, where it appears to be desirable to do so by reason of the absence of a witness, the inability of a witness who is ill to attend at the place where the justice usually sits or for any other sufficient reason;

    • (b) remand the accused to custody for the purposes of the Identification of Criminals Act;

    • (c) except where the accused is authorized pursuant to Part XVI to be at large, remand the accused to custody in a prison by warrant in Form 19;

    • (d) resume an inquiry before the expiration of a period for which it has been adjourned with the consent of the prosecutor and the accused or his counsel;

    • (e) order in writing, in Form 30, that the accused be brought before him, or any other justice for the same territorial division, at any time before the expiration of the time for which the accused has been remanded;

    • (f) grant or refuse permission to the prosecutor or his counsel to address him in support of the charge, by way of opening or summing up or by way of reply on any evidence that is given on behalf of the accused;

    • (g) receive evidence on the part of the prosecutor or the accused, as the case may be, after hearing any evidence that has been given on behalf of either of them;

    • (h) order that no person other than the prosecutor, the accused and their counsel shall have access to or remain in the room in which the inquiry is held, where it appears to him that the ends of justice will be best served by so doing;

    • (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5;

    • (j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

    • (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and

    • (k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Power provided under paragraph (1)(i)

    (1.01) For the purpose of paragraph (1)(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

  • Marginal note:Section 715 or 715.01

    (1.02) If a justice grants a request under paragraph (1)(j.1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.01.

  • Marginal note:Inappropriate questioning

    (1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate.

  • Marginal note:Change of venue

    (2) Where a justice changes the place of hearing under paragraph (1)(a) to a place in the same province, other than a place in a territorial division in which the justice has jurisdiction, any justice who has jurisdiction in the place to which the hearing is changed may continue the hearing.

  • (3) and (4)[Repealed, 1991, c. 43, s. 9]

  • R.S., 1985, c. C-46, s. 537
  • 1991, c. 43, s. 9
  • 1994, c. 44, s. 53
  • 1997, c. 18, s. 64
  • 2002, c. 13, s. 28
  • 2008, c. 18, s. 22
  • 2019, c. 25, s. 242

Marginal note:Organization

538  Where an accused is an organization, subsections 556(1) and (2) apply with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 538
  • 2003, c. 21, s. 8

Taking Evidence of Witnesses

Marginal note:Order restricting publication of evidence taken at preliminary inquiry

  • 539 (1) Prior to the commencement of the taking of evidence at a preliminary inquiry, the justice holding the inquiry

    • (a) may, if application therefor is made by the prosecutor, and

    • (b) shall, if application therefor is made by any of the accused,

    make an order directing that the evidence taken at the inquiry shall not be published in any document or broadcast or transmitted in any way before such time as, in respect of each of the accused,

    • (c) he or she is discharged, or

    • (d) if he or she is ordered to stand trial, the trial is ended.

  • Marginal note:Accused to be informed of right to apply for order

    (2) Where an accused is not represented by counsel at a preliminary inquiry, the justice holding the inquiry shall, prior to the commencement of the taking of evidence at the inquiry, inform the accused of his right to make application under subsection (1).

  • Marginal note:Failure to comply with order

    (3) Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.

  • (4)[Repealed, 2005, c. 32, s. 18]

  • R.S., 1985, c. C-46, s. 539
  • R.S., 1985, c. 27 (1st Supp.), s. 97
  • 2005, c. 32, s. 18

Marginal note:Taking evidence

  • 540 (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall

    • (a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.01), and allow the accused or counsel for the accused to cross-examine them; and

    • (b) cause a record of the evidence of each witness to be taken

      • (i) in legible writing in the form of a deposition, in Form 31, or by a stenographer appointed by him or pursuant to law, or

      • (ii) in a province where a sound recording apparatus is authorized by or under provincial legislation for use in civil cases, by the type of apparatus so authorized and in accordance with the requirements of the provincial legislation.

  • Marginal note:Reading and signing depositions

    (2) Where a deposition is taken down in writing, the justice shall, in the presence of the accused, before asking the accused if he wishes to call witnesses,

    • (a) cause the deposition to be read to the witness;

    • (b) cause the deposition to be signed by the witness; and

    • (c) sign the deposition himself.

  • Marginal note:Authentication by justice

    (3) Where depositions are taken down in writing, the justice may sign

    • (a) at the end of each deposition; or

    • (b) at the end of several or of all the depositions in a manner that will indicate that his signature is intended to authenticate each deposition.

  • Marginal note:Stenographer to be sworn

    (4) Where the stenographer appointed to take down the evidence is not a duly sworn court stenographer, he shall make oath that he will truly and faithfully report the evidence.

  • Marginal note:Authentication of transcript

    (5) Where the evidence is taken down by a stenographer appointed by the justice or pursuant to law, it need not be read to or signed by the witnesses, but, on request of the justice or of one of the parties, shall be transcribed, in whole or in part, by the stenographer and the transcript shall be accompanied by

    • (a) an affidavit of the stenographer that it is a true report of the evidence; or

    • (b) a certificate that it is a true report of the evidence if the stenographer is a duly sworn court stenographer.

  • Marginal note:Transcription of record taken by sound recording apparatus

    (6) Where, in accordance with this Act, a record is taken in any proceedings under this Act by a sound recording apparatus, the record so taken shall, on request of the justice or of one of the parties, be dealt with and transcribed, in whole or in part, and the transcription certified and used in accordance with the provincial legislation, with such modifications as the circumstances require mentioned in subsection (1).

  • Marginal note:Evidence

    (7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded.

  • Marginal note:Notice of intention to tender

    (8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection.

  • Marginal note:Appearance for examination

    (9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7).

  • R.S., 1985, c. C-46, s. 540
  • R.S., 1985, c. 27 (1st Supp.), s. 98
  • 1997, c. 18, s. 65
  • 2002, c. 13, s. 29
  • 2019, c. 25, s. 243

Marginal note:Hearing of witnesses

  • 541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.01), hear the witnesses called by the accused.

  • Marginal note:Contents of address to accused

    (2) Before hearing any witness called by an accused who is not represented by counsel, the justice shall address the accused as follows or to the like effect:

    "Do you wish to say anything in answer to these charges or to any other charges which might have arisen from the evidence led by the prosecution? You are not obliged to say anything, but whatever you do say may be given in evidence against you at your trial. You should not make any confession or admission of guilt because of any promise or threat made to you but if you do make any statement it may be given in evidence against you at your trial in spite of the promise or threat."

  • Marginal note:Statement of accused

    (3) Where the accused who is not represented by counsel says anything in answer to the address made by the justice pursuant to subsection (2), the answer shall be taken down in writing and shall be signed by the justice and kept with the evidence of the witnesses and dealt with in accordance with this Part.

  • Marginal note:Witnesses for accused

    (4) Where an accused is not represented by counsel, the justice shall ask the accused if he or she wishes to call any witnesses after subsections (2) and (3) have been complied with.

  • Marginal note:Depositions of witnesses

    (5) Subject to subsection 537(1.01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 541
  • R.S., 1985, c. 27 (1st Supp.), s. 99
  • 1994, c. 44, s. 54
  • 2019, c. 25, s. 244

Marginal note:Confession or admission of accused

  • 542 (1) Nothing in this Act prevents a prosecutor giving in evidence at a preliminary inquiry any admission, confession or statement made at any time by the accused that by law is admissible against him.

  • Marginal note:Restriction of publication of reports of preliminary inquiry

    (2) Every one who publishes in any document, or broadcasts or transmits in any way, a report that any admission or confession was tendered in evidence at a preliminary inquiry or a report of the nature of such admission or confession so tendered in evidence unless

    • (a) the accused has been discharged, or

    • (b) if the accused has been ordered to stand trial, the trial has ended,

    is guilty of an offence punishable on summary conviction.

  • (3)[Repealed, 2005, c. 32, s. 19]

  • R.S., 1985, c. C-46, s. 542
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)
  • 2005, c. 32, s. 19

Remand Where Offence Committed in Another Jurisdiction

Marginal note:Order that accused appear or be taken before justice where offence alleged to have been committed

  • 543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.

  • Marginal note:Transmission of transcript and documents and effect of order or warrant

    (2) Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and

    • (a) any evidence the transcript of which is so transmitted shall be deemed to have been taken by the justice to whom it is transmitted; and

    • (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)(a).

  • R.S., 1985, c. C-46, s. 543
  • 2019, c. 25, s. 245

Absconding Accused

Marginal note:Accused absconding during inquiry

  • 544 (1) Notwithstanding any other provision of this Act, where an accused, whether or not he is charged jointly with another, absconds during the course of a preliminary inquiry into an offence with which he is charged,

    • (a) he shall be deemed to have waived his right to be present at the inquiry, and

    • (b) the justice

      • (i) may continue the inquiry and, when all the evidence has been taken, shall dispose of the inquiry in accordance with section 548, or

      • (ii) if a warrant is issued for the arrest of the accused, may adjourn the inquiry to await his appearance,

    but where the inquiry is adjourned pursuant to subparagraph (b)(ii), the justice may continue it at any time pursuant to subparagraph (b)(i) if he is satisfied that it would no longer be in the interests of justice to await the appearance of the accused.

  • Marginal note:Adverse inference

    (2) Where the justice continues a preliminary inquiry pursuant to subsection (1), he may draw an inference adverse to the accused from the fact that he has absconded.

  • Marginal note:Accused not entitled to re-opening

    (3) Where an accused reappears at a preliminary inquiry that is continuing pursuant to subsection (1), he is not entitled to have any part of the proceedings that was conducted in his absence re-opened unless the justice is satisfied that because of exceptional circumstances it is in the interests of justice to re-open the inquiry.

  • Marginal note:Counsel for accused may continue to act

    (4) Where an accused has absconded during the course of a preliminary inquiry and the justice continues the inquiry, counsel for the accused is not thereby deprived of any authority he may have to continue to act for the accused in the proceedings.

  • Marginal note:Accused calling witnesses

    (5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.01), and subsection 541(5) applies with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 544
  • 1994, c. 44, s. 55
  • 2019, c. 25, s. 246

Procedure where Witness Refuses to Testify

Marginal note:Witness refusing to be examined

  • 545 (1) Where a person, being present at a preliminary inquiry and being required by the justice to give evidence,

    • (a) refuses to be sworn,

    • (b) having been sworn, refuses to answer the questions that are put to him,

    • (c) fails to produce any writings that he is required to produce, or

    • (d) refuses to sign his deposition,

    without offering a reasonable excuse for his failure or refusal, the justice may adjourn the inquiry and may, by warrant in Form 20, commit the person to prison for a period not exceeding eight clear days or for the period during which the inquiry is adjourned, whichever is the lesser period.

  • Marginal note:Further commitment

    (2) Where a person to whom subsection (1) applies is brought before the justice on the resumption of the adjourned inquiry and again refuses to do what is required of him, the justice may again adjourn the inquiry for a period not exceeding eight clear days and commit him to prison for the period of adjournment or any part thereof, and may adjourn the inquiry and commit the person to prison from time to time until the person consents to do what is required of him.

  • Marginal note:Saving

    (3) Nothing in this section shall be deemed to prevent the justice from sending the case for trial on any other sufficient evidence taken by him.

  • R.S., c. C-34, s. 472

Remedial Provisions

Marginal note:Irregularity or variance not to affect validity

546  The validity of any proceeding at or subsequent to a preliminary inquiry is not affected by

  • (a) any irregularity or defect in the substance or form of the summons or warrant;

  • (b) any variance between the charge set out in the summons or warrant and the charge set out in the information; or

  • (c) any variance between the charge set out in the summons, warrant or information and the evidence adduced by the prosecution at the inquiry.

  • R.S., c. C-34, s. 473

Marginal note:Adjournment if accused misled

547  Where it appears to the justice that the accused has been deceived or misled by any irregularity, defect or variance mentioned in section 546, he may adjourn the inquiry and may remand the accused or grant him interim release in accordance with Part XVI.

  • R.S., c. C-34, s. 474
  • 1974-75-76, c. 93, s. 59.1

Marginal note:Inability of justice to continue

547.1  Where a justice acting under this Part has commenced to take evidence and dies or is unable to continue for any reason, another justice may

  • (a) continue taking the evidence at the point at which the interruption in the taking of the evidence occurred, where the evidence was recorded pursuant to section 540 and is available; or

  • (b) commence taking the evidence as if no evidence had been taken, where no evidence was recorded pursuant to section 540 or where the evidence is not available.

  • R.S., 1985, c. 27 (1st Supp.), s. 100

Adjudication and Recognizances

Marginal note:Order to stand trial or discharge

  • 548 (1) When all the evidence has been taken by the justice, he shall

    • (a) if in his opinion there is sufficient evidence to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction, order the accused to stand trial; or

    • (b) discharge the accused, if in his opinion on the whole of the evidence no sufficient case is made out to put the accused on trial for the offence charged or any other indictable offence in respect of the same transaction.

  • Marginal note:Endorsing charge

    (2) Where the justice orders the accused to stand trial for an indictable offence, other than or in addition to the one with which the accused was charged, the justice shall endorse on the information the charges on which he orders the accused to stand trial.

  • Marginal note:Where accused ordered to stand trial

    (2.1) A justice who orders that an accused is to stand trial has the power to fix the date for the trial or the date on which the accused must appear in the trial court to have that date fixed.

  • Marginal note:Defect not to affect validity

    (3) The validity of an order to stand trial is not affected by any defect apparent on the face of the information in respect of which the preliminary inquiry is held or in respect of any charge on which the accused is ordered to stand trial unless, in the opinion of the court before which an objection to the information or charge is taken, the accused has been misled or prejudiced in his defence by reason of that defect.

  • R.S., 1985, c. C-46, s. 548
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 1994, c. 44, s. 56

Marginal note:Order to stand trial at any stage of inquiry with consent

  • 549 (1) Notwithstanding any other provision of this Act, the justice may, at any stage of a preliminary inquiry, with the consent of the accused and the prosecutor, order the accused to stand trial in the court having criminal jurisdiction, without taking or recording any evidence or further evidence.

  • Marginal note:Limited preliminary inquiry

    (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.

  • Marginal note:Procedure

    (2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548.

  • R.S., 1985, c. C-46, s. 549
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 2002, c. 13, s. 30
  • 2019, c. 25, s. 247

Marginal note:Recognizance of witness

  • 550 (1) Where an accused is ordered to stand trial, the justice who held the preliminary inquiry may require any witness whose evidence is, in his opinion, material to enter into a recognizance to give evidence at the trial of the accused and to comply with such reasonable conditions prescribed in the recognizance as the justice considers desirable for securing the attendance of the witness to give evidence at the trial of the accused.

  • Marginal note:Clarification

    (2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.

  • Marginal note:Sureties or deposit for appearance of witness

    (3) A justice may, for any reason satisfactory to him, require any witness entering into a recognizance pursuant to this section

    • (a) to produce one or more sureties in such amount as he may direct; or

    • (b) to deposit with him a sum of money sufficient in his opinion to ensure that the witness will appear and give evidence.

  • Marginal note:Witness refusing to be bound

    (4) Where a witness does not comply with subsection (1) or (3) when required to do so by a justice, he may be committed by the justice, by warrant in Form 24, to a prison in the territorial division where the trial is to be held, there to be kept until he does what is required of him or until the trial is concluded.

  • Marginal note:Discharge

    (5) Where a witness has been committed to prison pursuant to subsection (4), the court before which the witness appears or a justice having jurisdiction in the territorial division where the prison is situated may, by order in Form 39, discharge the witness from custody when the trial is concluded.

  • R.S., 1985, c. C-46, s. 550
  • R.S., 1985, c. 27 (1st Supp.), s. 101
  • 2019, c. 25, s. 248

Transmission of Record

Marginal note:Transmission of record by justice

551  If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

  • R.S., 1985, c. C-46, s. 551
  • R.S., 1985, c. 27 (1st Supp.), s. 102
  • 2019, c. 25, s. 249

PART XVIII.1 Case Management Judge

Marginal note:Appointment

  • 551.1 (1) On application by the prosecutor or the accused or on his or her own motion, the Chief Justice or the Chief Judge of the court before which a trial is to be or is being held or the judge that the Chief Justice or the Chief Judge designates may, if he or she is of the opinion that it is necessary for the proper administration of justice, appoint a judge as the case management judge for that trial at any time before the jury selection, if the trial is before a judge and jury, or before the stage at which the evidence on the merits is presented, if the trial is being heard by a judge without a jury or a provincial court judge.

  • Marginal note:Conference or hearing

    (2) The Chief Justice or the Chief Judge or his or her designate may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held for the purpose of deciding if it is necessary for the proper administration of justice to proceed with the appointment.

  • (3)[Repealed, 2019, c. 25, s. 250]

  • Marginal note:Same judge

    (4) The appointment of a judge as the case management judge does not prevent him or her from becoming the judge who hears the evidence on the merits.

  • 2011, c. 16, s. 4
  • 2019, c. 25, s. 250

Marginal note:Role

551.2  The case management judge shall assist in promoting a fair and efficient trial, including by ensuring that the evidence on the merits is presented, to the extent possible, without interruption.

  • 2011, c. 16, s. 4

Marginal note:Powers before evidence on merits presented

  • 551.3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by

    • (a) assisting the parties to identify the witnesses to be heard, taking into account the witnesses' needs and circumstances;

    • (b) encouraging the parties to make admissions and reach agreements;

    • (c) encouraging the parties to consider any other matters that would promote a fair and efficient trial;

    • (d) establishing schedules and imposing deadlines on the parties;

    • (e) hearing guilty pleas and imposing sentences;

    • (f) assisting the parties to identify the issues that are to be dealt with at the stage at which the evidence on the merits is presented;

    • (g) subject to section 551.7, adjudicating any issues that can be decided before that stage, including those related to

      • (i) the disclosure of evidence,

      • (ii) the admissibility of evidence,

      • (iii) the Canadian Charter of Rights and Freedoms,

      • (iv) expert witnesses,

      • (v) the severance of counts, and

      • (vi) the separation of trials on one or more counts when there is more than one accused; and

    • (h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.

  • Marginal note:Hearing

    (2) The case management judge shall order that a hearing be held for the purpose of exercising the power referred to in paragraph (1)(g).

  • Marginal note:Power exercised at trial

    (3) When the case management judge exercises the power referred to in paragraph (1)(g), he or she is doing so at trial.

  • Marginal note:Decision binding

    (4) A decision that results from the exercise of the power referred to in paragraph (1)(g) is binding on the parties for the remainder of the trial — even if the judge who hears the evidence on the merits is not the same as the case management judge — unless the court is satisfied that it would not be in the interests of justice because, among other considerations, fresh evidence has been adduced.

  • 2011, c. 16, s. 4
  • 2019, c. 25, s. 251

Marginal note:Information relevant to presentation of evidence on merits to be part of court record

  • 551.4 (1) When the case management judge is of the opinion that the measures to promote a fair and efficient trial that can be taken before the stage of the presentation of the evidence on the merits have been taken — including adjudicating the issues that can be decided — he or she shall ensure that the court record includes information that, in his or her opinion, may be relevant at the stage of the presentation of the evidence on the merits, including

    • (a) the names of the witnesses to be heard that have been identified by the parties;

    • (b) any admissions made and agreements reached by the parties;

    • (c) the estimated time required to conclude the trial;

    • (d) any orders and decisions; and

    • (e) any issues identified by the parties that are to be dealt with at the stage of the presentation of the evidence on the merits.

  • Marginal note:Exception

    (2) This section does not apply to a case management judge who also hears the evidence on the merits.

  • 2011, c. 16, s. 4

Marginal note:Trial continuous

551.5  Even if the judge who hears the evidence on the merits is not the same as the case management judge, the trial of an accused shall proceed continuously, subject to adjournment by the court.

  • 2011, c. 16, s. 4

Marginal note:Issues referred to case management judge

  • 551.6 (1) During the presentation of the evidence on the merits, the case management judge shall adjudicate any issue referred to him or her by the judge hearing the evidence on the merits.

  • Marginal note:Powers at stage of presentation of evidence on merits

    (2) For the purposes of adjudicating an issue, the case management judge may exercise the powers of a trial judge.

  • 2011, c. 16, s. 4

Marginal note:Decision whether to hold joint hearing

  • 551.7 (1) If an issue referred to in any of subparagraphs 551.3(1)(g)(i) to (iii) is to be adjudicated in related trials that are to be or are being held in the same province before a court of the same jurisdiction, the Chief Justice or the Chief Judge of that court or his or her designate may, on application by the prosecutor or the accused or on his or her own motion, determine if it is in the interests of justice, including ensuring consistent decisions, to adjudicate that issue at a joint hearing for some or all of those trials.

  • Marginal note:Considerations

    (2) To make the determination, the Chief Justice or the Chief Judge or his or her designate

    • (a) shall take into account, among other considerations, the degree to which the evidence relating to the issue is similar in the related trials; and

    • (b) may order that a conference between the prosecutor and the accused or counsel for the accused or a hearing be held.

  • Marginal note:Order for joint hearing

    (3) If the Chief Justice or the Chief Judge or his or her designate determines that it is in the interests of justice to adjudicate the issue at a joint hearing for some or all of the related trials, he or she shall issue an order

    • (a) declaring that a joint hearing be held to adjudicate the issue in the related trials that he or she specifies;

    • (b) naming the parties who are to appear at the hearing;

    • (c) appointing a judge to adjudicate the issue; and

    • (d) designating the territorial division in which the hearing is to be held, if the trials are being held in different territorial divisions.

  • Marginal note:Limitation — indictable offence

    (4) However, the order may only be made in respect of a trial for an indictable offence, other than a trial before a provincial court judge, if the indictment has been preferred.

  • Marginal note:Order in court record and transmission to parties

    (5) The Chief Justice or the Chief Judge or his or her designate shall cause a copy of the order to be included in the court record of each of the trials specified in the order and to be provided to each of the parties named in it.

  • Marginal note:Transmission of court record

    (6) If one of the specified trials is being held in a territorial division other than the one in which the joint hearing will be held, the officer in that territorial division who has custody of the indictment or information and the writings relating to the trial shall, when he or she receives the order, transmit the indictment or information and the writings without delay to the clerk of the court before which the joint hearing is to be held.

  • Marginal note:Order to appear at joint hearing

    (7) The judge appointed under the order shall require the parties who are named in it to appear at the joint hearing.

  • Marginal note:Removal of prisoner

    (8) The order made under subsection (2) or (3) is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for an accused's removal, disposal and reception in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison for the territorial division in which the hearing, as the case may be, is to be held.

  • Marginal note:Powers of judge

    (9) The judge appointed under the order may, as a trial judge and for the purpose of adjudicating the issue at the joint hearing, exercise the powers of a trial judge.

  • Marginal note:Adjudication at trial

    (10) When the judge adjudicates the issue, he or she is doing so at trial.

  • Marginal note:Decision in court records and return of documents

    (11) Once the judge has adjudicated the issue, he or she shall cause his or her decision, with reasons, to be included in the court record of each of the related trials in respect of which the joint hearing was held and, in the case of a trial for which an indictment, information or writings were transmitted by an officer under subsection (6), the judge shall have the documents returned to the officer.

  • 2011, c. 16, s. 4

PART XIX Indictable Offences — Trial Without Jury

Interpretation

Marginal note:Definitions

552  In this Part,

judge

judge  means,

  • (a) in the Province of Ontario, a judge of the superior court of criminal jurisdiction of the Province,

  • (b) in the Province of Quebec, a judge of the Court of Quebec,

  • (c) in the Province of Nova Scotia, a judge of the superior court of criminal jurisdiction of the Province,

  • (d) in the Province of New Brunswick, a judge of the Court of Queen's Bench,

  • (e) in the Province of British Columbia, the Chief Justice or a puisne judge of the Supreme Court,

  • (f) in the Province of Prince Edward Island, a judge of the Supreme Court,

  • (g) in the Province of Manitoba, the Chief Justice or a puisne judge of the Court of Queen's Bench,

  • (h) in the Provinces of Saskatchewan and Alberta, a judge of the superior court of criminal jurisdiction of the province,

  • (h.1) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court,

  • (i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (j) in Nunavut, a judge of the Nunavut Court of Justice. (juge)

magistrate

magistrate [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 103]

  • R.S., 1985, c. C-46, s. 552
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), s. 103, c. 27 (2nd Supp.), s. 10, c. 40 (4th Supp.), s. 2
  • 1990, c. 16, s. 6, c. 17, s. 13
  • 1992, c. 51, s. 38
  • 1999, c. 3, s. 36
  • 2002, c. 7, s. 145
  • 2015, c. 3, s. 53

Jurisdiction of Provincial Court Judges

Absolute Jurisdiction

Marginal note:Absolute jurisdiction

553  The jurisdiction of a provincial court judge, or in Nunavut, of a judge of the Nunavut Court of Justice, to try an accused is absolute and does not depend on the consent of the accused where the accused is charged in an information

  • (a) with

    • (i) theft, other than theft of cattle,

    • (ii) obtaining money or property by false pretences,

    • (iii) unlawfully having in his possession any property or thing or any proceeds of any property or thing knowing that all or a part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from the commission in Canada of an offence punishable by indictment or an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment,

    • (iv) having, by deceit, falsehood or other fraudulent means, defrauded the public or any person, whether ascertained or not, of any property, money or valuable security, or

    • (v) mischief under subsection 430(4),

    where the subject-matter of the offence is not a testamentary instrument and the alleged value of the subject-matter of the offence does not exceed five thousand dollars;

  • (b) with counselling or with a conspiracy or attempt to commit or with being an accessory after the fact to the commission of

    • (i) any offence referred to in paragraph (a) in respect of the subject-matter and value thereof referred to in that paragraph, or

    • (ii) any offence referred to in paragraph (c); or

  • (c) with an offence under

    • (i) section 201 (keeping gaming or betting house),

    • (ii) section 202 (betting, pool-selling, book-making, etc.),

    • (iii) section 203 (placing bets),

    • (iv) section 206 (lotteries and games of chance),

    • (v) section 209 (cheating at play),

    • (vi)[Repealed, 2019, c. 25, s. 251.1]

    • (vii)[Repealed, 2000, c. 25, s. 4]

    • (viii) section 393 (fraud in relation to fares),

    • (viii.01) section 490.031 (failure to comply with order or obligation),

    • (viii.02) section 490.0311 (providing false or misleading information),

    • (viii.1) section 811 (breach of recognizance),

    • (ix) subsection 733.1(1) (failure to comply with probation order), or

    • (x) paragraph 4(4)(a) of the Controlled Drugs and Substances Act.

    • (xi)[Repealed, 2018, c. 16, s. 219]

  • R.S., 1985, c. C-46, s. 553
  • R.S., 1985, c. 27 (1st Supp.), s. 104
  • 1992, c. 1, s. 58
  • 1994, c. 44, s. 57
  • 1995, c. 22, s. 2
  • 1996, c. 19, s. 72
  • 1997, c. 18, s. 66
  • 1999, c. 3, s. 37
  • 2000, c. 25, s. 4
  • 2010, c. 17, s. 25
  • 2012, c. 1, s. 33
  • 2018, c. 16, s. 219
  • 2019, c. 25, s. 251.1

Provincial Court Judge's Jurisdiction with Consent

Marginal note:Trial by provincial court judge with consent

  • 554 (1) Subject to subsection (2), if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, a provincial court judge may try the accused if the accused elects to be tried by a provincial court judge.

  • Marginal note:Nunavut

    (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury.

  • R.S., 1985, c. C-46, s. 554
  • R.S., 1985, c. 27 (1st Supp.), ss. 105, 203
  • 1999, c. 3, s. 38
  • 2002, c. 13, s. 31

Marginal note:If charge should be prosecuted by indictment

  • 555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

  • Marginal note:Election before justice

    (1.1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

    You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Continuing proceedings

    (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.

  • Marginal note:If subject matter is testamentary instrument or exceeds $5,000 in value

    (2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.1).

  • Marginal note:Continuing proceedings

    (3) If an accused is put to their election under subsection (1.1) or (2), the following provisions apply:

    • (a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

    • (b) if the accused elects to be tried by a provincial court judge, the provincial court judge shall endorse on the information a record of the election and continue with the trial.

  • R.S., 1985, c. C-46, s. 555
  • R.S., 1985, c. 27 (1st Supp.), ss. 106, 203
  • 1994, c. 44, s. 58
  • 2002, c. 13, s. 32
  • 2019, c. 25, s. 252

Marginal note:If charge should be prosecuted by indictment — Nunavut

  • 555.1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

  • Marginal note:Election before justice

    (1.1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

    You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Continuing proceedings

    (1.2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.

  • Marginal note:If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut

    (2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.1(2.1).

  • Marginal note:Continuing proceedings — Nunavut

    (3) If an accused is put to their election under subsection (1.1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.

  • Marginal note:Application to Nunavut

    (4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 39
  • 2002, c. 13, s. 33
  • 2019, c. 25, s. 253

Marginal note:Organization

  • 556 (1) An accused organization shall appear by counsel or agent.

  • Marginal note:Non-appearance

    (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice

    • (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and

    • (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested

    (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

  • Marginal note:Preliminary inquiry not requested — Nunavut

    (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed.

  • R.S., 1985, c. C-46, s. 556
  • R.S., 1985, c. 27 (1st Supp.), s. 107
  • 1999, c. 3, s. 40
  • 2002, c. 13, s. 34
  • 2003, c. 21, ss. 9, 22

Marginal note:Taking evidence

557  If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries.

  • R.S., 1985, c. C-46, s. 557
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1999, c. 3, s. 41
  • 2002, c. 13, s. 35

Jurisdiction of Judges

Judge's Jurisdiction with Consent

Marginal note:Trial by judge without a jury

558  If an accused who is charged with an indictable offence, other than an offence mentioned in section 469, elects under section 536 or 536.1 or re-elects under section 561 or 561.1 to be tried by a judge without a jury, the accused shall, subject to this Part, be tried by a judge without a jury.

  • R.S., 1985, c. C-46, s. 558
  • R.S., 1985, c. 27 (1st Supp.), s. 108
  • 1999, c. 3, s. 41

Marginal note:Court of record

  • 559 (1) A judge who holds a trial under this Part shall, for all purposes thereof and proceedings connected therewith or relating thereto, be a court of record.

  • Marginal note:Custody of records

    (2) The record of a trial that a judge holds under this Part shall be kept in the court over which the judge presides.

  • R.S., c. C-34, s. 489

Election

Marginal note:Duty of judge

  • 560 (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall

    • (a) on receiving a written notice from the sheriff or other person having custody of the accused stating that the accused is in custody and setting out the nature of the charge against him, or

    • (b) on being notified by the clerk of the court that the accused is not in custody and of the nature of the charge against him,

    fix a time and place for the trial of the accused.

  • Marginal note:Notice by sheriff, when given

    (2) The sheriff or other person having custody of the accused shall give the notice mentioned in paragraph (1)(a) within twenty-four hours after the accused is ordered to stand trial, if the accused is in custody pursuant to that order or if, at the time of the order, he is in custody for any other reason.

  • Marginal note:Duty of sheriff when date set for trial

    (3) Where, pursuant to subsection (1), a time and place is fixed for the trial of an accused who is in custody, the accused

    • (a) shall be notified forthwith by the sheriff or other person having custody of the accused of the time and place so fixed; and

    • (b) shall be produced at the time and place so fixed.

  • Marginal note:Duty of accused when not in custody

    (4) Where an accused is not in custody, the duty of ascertaining from the clerk of the court the time and place fixed for the trial, pursuant to subsection (1), is on the accused, and he shall attend for his trial at the time and place so fixed.

  • (5)[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 109]

  • R.S., 1985, c. C-46, s. 560
  • R.S., 1985, c. 27 (1st Supp.), ss. 101(E), 109
  • 1999, c. 3, s. 42
  • 2002, c. 13, s. 36

Marginal note:Right to re-elect

  • 561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,

    • (a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),

      • (i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,

      • (ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and

      • (iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or

    • (b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),

      • (i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or

      • (ii) any mode of trial with the written consent of the prosecutor.

  • Marginal note:Right to re-elect

    (2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

  • Marginal note:Notice of re-election under paragraph (1)(a)

    (3) If an accused intends to re-elect under paragraph (1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

    • (a) in the case of a re-election under subparagraph (1)(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or

    • (b) if the accused intends to re-elect under subparagraph (1)(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused's intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

  • Marginal note:Notice of re-election under paragraph (1)(b) or subsection (2)

    (4) If an accused intends to re-elect under paragraph (1)(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

  • Marginal note:Notice and transmitting record

    (5) If an accused intends to re-elect under paragraph (1)(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused's original election. The judge or clerk shall, on receipt of the notice,

    • (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused's intention to re-elect; and

    • (b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

  • Marginal note:Time and place for re-election

    (6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.

  • Marginal note:Proceedings on re-election

    (7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after

    • (a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or

    • (b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)(b) or subsection (2), has been read to the accused.

    The accused shall be put to their re-election in the following words or in words to the like effect:

    You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?

  • R.S., 1985, c. C-46, s. 561
  • R.S., 1985, c. 27 (1st Supp.), s. 110
  • 2002, c. 13, s. 37
  • 2019, c. 25, s. 254

Marginal note:Right to re-elect with consent — Nunavut

  • 561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor.

  • Marginal note:Right to re-elect before trial — Nunavut

    (2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.

  • Marginal note:Right to re-elect at preliminary inquiry — Nunavut

    (3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.

  • Marginal note:Notice of re-election under subsection (1) or (3) — Nunavut

    (4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).

  • Marginal note:Notice at preliminary inquiry — Nunavut

    (5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused's intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.

  • Marginal note:Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut

    (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.

  • (7)[Repealed, 2002, c. 13, s. 38]

  • Marginal note:Time and place for re-election — Nunavut

    (8) On receipt of a notice given under any of subsections (4) to (7) that the accused wishes to re-elect, a judge shall immediately appoint a time and place for the accused to re-elect and shall cause notice of the time and place to be given to the accused and the prosecutor.

  • Marginal note:Proceedings on re-election — Nunavut

    (9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after

    • (a) the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred under section 566, 574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or

    • (b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.

    The accused shall be put to their re-election in the following words or in words to the like effect:

    You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?

  • Marginal note:Application to Nunavut

    (10) This section, and not section 561, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 43
  • 2002, c. 13, s. 38
  • 2019, c. 25, s. 255

Marginal note:Proceedings following re-election

  • 562 (1) If the accused re-elects under subparagraph 561(1)(a)(i) before the completion of the preliminary inquiry, under paragraph 561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)(b), the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election

    (2) If the accused re-elects under subparagraph 561(1)(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), the justice shall proceed with the preliminary inquiry.

  • R.S., 1985, c. C-46, s. 562
  • R.S., 1985, c. 27 (1st Supp.), s. 110
  • 2019, c. 25, s. 256

Marginal note:Proceedings following re-election — Nunavut

  • 562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), or if the accused re-elects any other mode of trial under subsection 561.1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial.

  • Marginal note:Proceedings following re-election — Nunavut

    (2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry.

  • Marginal note:Application to Nunavut

    (3) This section, and not section 562, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 44
  • 2002, c. 13, s. 39
  • 2019, c. 25, s. 257

Marginal note:Proceedings on re-election to be tried by provincial court judge without jury

563  Where an accused re-elects under section 561 to be tried by a provincial court judge,

  • (a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, if applicable, subject to any amendments to the information that may be allowed by the provincial court judge by whom the accused is tried; and

  • (b) the provincial court judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • R.S., 1985, c. C-46, s. 563
  • R.S., 1985, c. 27 (1st Supp.), s. 110
  • 2019, c. 25, s. 258

Marginal note:Proceedings on re-election to be tried by judge without jury — Nunavut

  • 563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3) or is not entitled to make such a request under that subsection,

    • (a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, subject to any amendments that may be allowed by the judge by whom the accused is tried; and

    • (b) the judge before whom the re-election is made shall endorse on the information a record of the re-election.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 563, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 45
  • 2002, c. 13, s. 40
  • 2019, c. 25, s. 259

564 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 110]

Marginal note:Election deemed to have been made

  • 565 (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if

    • (a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567 or subsection 567.1(1); or

    • (b) the accused does not elect when put to an election under section 536 or 536.1.

  • (1.1)[Repealed, 2019, c. 25, s. 260]

  • Marginal note:When direct indictment preferred

    (2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.

  • Marginal note:Notice of re-election

    (3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused's intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578 and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.

  • Marginal note:Application

    (4) Subsections 561(6) and (7), or subsections 561.1(8) and (9), as the case may be, apply to a re-election made under subsection (3).

  • R.S., 1985, c. C-46, s. 565
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 1999, c. 3, s. 46
  • 2002, c. 13, s. 41
  • 2008, c. 18, s. 23
  • 2019, c. 25, s. 260

Trial

Marginal note:Indictment

  • 566 (1) The trial of an accused for an indictable offence, other than a trial before a provincial court judge, shall be on an indictment in writing setting forth the offence with which he is charged.

  • Marginal note:Preferring indictment

    (2) Where an accused elects under section 536 or re-elects under section 561 to be tried by a judge without a jury, an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment

    (3) Section 574 and subsection 576(1) apply, with such modifications as the circumstances require, to the preferring of an indictment pursuant to subsection (2).

  • R.S., 1985, c. C-46, s. 566
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 1997, c. 18, s. 67

Marginal note:Indictment — Nunavut

  • 566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.

  • Marginal note:Preferring indictment — Nunavut

    (2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred.

  • Marginal note:What counts may be included and who may prefer indictment — Nunavut

    (3) Section 574 and subsection 576(1) apply, with any modifications that the circumstances require, to the preferring of an indictment under subsection (2).

  • Marginal note:Application to Nunavut

    (4) This section, and not section 566, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 47
  • 2002, c. 13, s. 42
  • 2019, c. 25, s. 261

General

Marginal note:Mode of trial when two or more accused

567  Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury.

  • R.S., 1985, c. C-46, s. 567
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 2002, c. 13, s. 43

Marginal note:Mode of trial if two or more accused — Nunavut

  • 567.1 (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury.

  • Marginal note:Application to Nunavut

    (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.

  • 1999, c. 3, s. 48
  • 2002, c. 13, s. 43

Marginal note:Attorney General may require trial by jury

568  Even if an accused elects under section 536 or re-elects under section 561 or subsection 565(2) to be tried by a judge or provincial court judge, as the case may be, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held or the re-election was made under subsection 565(2).

  • R.S., 1985, c. C-46, s. 568
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 2002, c. 13, s. 43
  • 2008, c. 18, s. 24

Marginal note:Attorney General may require trial by jury — Nunavut

  • 569 (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 or subsection 565(2) to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held or the re-election was made under subsection 565(2).

  • Marginal note:Application to Nunavut

    (2) This section, and not section 568, applies in respect of criminal proceedings in Nunavut.

  • R.S., 1985, c. C-46, s. 569
  • R.S., 1985, c. 27 (1st Supp.), s. 111
  • 1999, c. 3, s. 49
  • 2002, c. 13, s. 44
  • 2008, c. 18, s. 24.1

Marginal note:Record of conviction or order

  • 570 (1) If an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request.

  • Marginal note:Acquittal and record of acquittal

    (2) If an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused.

  • Marginal note:Transmission of record

    (3) Where an accused elects to be tried by a provincial court judge under this Part, the provincial court judge shall transmit the written charge, the memorandum of adjudication and the conviction, if any, into such custody as the Attorney General may direct.

  • Marginal note:Proof of conviction, order or acquittal

    (4) A copy of a conviction in Form 35 or of an order in Form 36 or 37, certified by the judge or by the clerk or other proper officer of the court, or by the provincial court judge, as the case may be, or proved to be a true copy, is, on proof of the identity of the person to whom the conviction or order relates, sufficient evidence in any legal proceedings to prove the conviction of that person or the making of the order against that person or his acquittal, as the case may be, for the offence mentioned in the copy of the conviction or order.

  • Marginal note:Warrant of committal

    (5) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.

  • Marginal note:Admissibility of certified copy

    (6) If a warrant of committal is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

  • R.S., 1985, c. C-46, s. 570
  • R.S., 1985, c. 27 (1st Supp.), ss. 112, 203, c. 1 (4th Supp.), s. 18(F)
  • 1994, c. 44, s. 59
  • 2003, c. 21, s. 10
  • 2019, c. 25, s. 262

Marginal note:Adjournment

571  A judge or provincial court judge acting under this Part may from time to time adjourn a trial until it is finally terminated.

  • R.S., 1985, c. C-46, s. 571
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Application of Parts XVI, XVIII, XX and XXIII

572  The provisions of Part XVI, the provisions of Part XVIII relating to transmission of the record by a provincial court judge where he holds a preliminary inquiry, and the provisions of Parts XX and XXIII, in so far as they are not inconsistent with this Part, apply, with such modifications as the circumstances require, to proceedings under this Part.

  • R.S., 1985, c. C-46, s. 572
  • R.S., 1985, c. 27 (1st Supp.), s. 203

PART XIX.1 Nunavut Court of Justice

Marginal note:Nunavut Court of Justice

  • 573 (1) The powers to be exercised and the duties and functions to be performed under this Act by a court of criminal jurisdiction, a summary conviction court, a judge, a provincial court judge, a justice or a justice of the peace may be exercised or performed by a judge of the Nunavut Court of Justice.

  • Marginal note:Status when exercising power

    (2) A power exercised or a duty or function performed by a judge of the Nunavut Court of Justice under subsection (1) is exercised or performed by that judge as a judge of a superior court.

  • Marginal note:Interpretation

    (3) Subsection (2) does not authorize a judge of the Nunavut Court of Justice who is presiding at a preliminary inquiry to grant a remedy under section 24 of the Canadian Charter of Rights and Freedoms.

  • R.S., 1985, c. C-46, s. 573
  • R.S., 1985, c. 27 (1st Supp.), s. 113
  • 1999, c. 3, s. 50

Marginal note:Application for review — Nunavut

  • 573.1 (1) An application for review may be made by the Attorney General or the accused, or by any person directly affected by the decision or order, to a judge of the Court of Appeal of Nunavut in respect of a decision or order of a judge of the Nunavut Court of Justice

    • (a) relating to a warrant or summons;

    • (b) relating to the conduct of a preliminary inquiry, including an order under subsection 548(1);

    • (c) relating to a subpoena;

    • (d) relating to the publication or broadcasting of information or access to the court room for all or part of the proceedings;

    • (e) to refuse to quash an information or indictment; or

    • (f) relating to the detention, disposal or forfeiture of any thing seized under a warrant or order.

  • Marginal note:Limitation

    (2) A decision or order may not be reviewed under this section if

    • (a) the decision or order is of a kind that could only be made in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or

    • (b) another statutory right of review is available.

  • Marginal note:Grounds of review

    (3) The judge of the Court of Appeal of Nunavut may grant relief under subsection (4) only if the judge is satisfied that

    • (a) in the case of any decision or order mentioned in subsection (1),

      • (i) the judge of the Nunavut Court of Justice failed to observe a principle of natural justice or failed or refused to exercise the judge's jurisdiction, or

      • (ii) the decision or order was made as a result of an irrelevant consideration or for an improper purpose;

    • (b) in the case of a decision or order mentioned in paragraph (1)(a), that

      • (i) the judge failed to comply with a statutory requirement for the making of the decision or order,

      • (ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met,

      • (iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts,

      • (iv) the warrant is so vague or lacking in particularity that it authorizes an unreasonable search, or

      • (v) the warrant lacks a material term or condition that is required by law;

    • (c) in the case of a decision or order mentioned in paragraph (1)(b), that the judge of the Nunavut Court of Justice

      • (i) failed to follow a mandatory provision of this Act relating to the conduct of a preliminary inquiry,

      • (ii) ordered the accused to stand trial when there was no evidence adduced on which a properly instructed jury acting reasonably could convict, or

      • (iii) discharged the accused when there was some evidence adduced on which a properly instructed jury acting reasonably could convict;

    • (d) in the case of a decision or order mentioned in paragraph (1)(c) or (d), that the judge of the Nunavut Court of Justice erred in law;

    • (e) in the case of a decision or order mentioned in paragraph (1)(e), that

      • (i) the information or indictment failed to give the accused notice of the charge,

      • (ii) the judge of the Nunavut Court of Justice did not have jurisdiction to try the offence, or

      • (iii) the provision creating the offence alleged to have been committed by the accused is unconstitutional; or

    • (f) in the case of a decision or order mentioned in paragraph (1)(f), that

      • (i) the judge failed to comply with a statutory requirement for the making of the decision or order,

      • (ii) the decision or order was made in the absence of any evidence that a statutory requirement for the making of the decision or order was met, or

      • (iii) the decision or order was made as a result of reckless disregard for the truth, fraud, intentional misrepresentation of material facts or intentional omission to state material facts.

  • Marginal note:Powers of judge

    (4) On the hearing of the application for review, the judge of the Court of Appeal of Nunavut may do one or more of the following:

    • (a) order a judge of the Nunavut Court of Justice to do any act or thing that the judge or any other judge of that court failed or refused to do or has delayed in doing;

    • (b) prohibit or restrain a decision, order or proceeding of a judge of the Nunavut Court of Justice;

    • (c) declare invalid or unlawful, quash or set aside, in whole or in part, a decision, order or proceeding of a judge of the Nunavut Court of Justice;

    • (d) refer back for determination in accordance with any directions that the judge considers to be appropriate, a decision, order or proceeding of a judge of the Nunavut Court of Justice;

    • (e) grant any remedy under subsection 24(1) of the Canadian Charter of Rights and Freedoms;

    • (f) refuse to grant any relief if the judge is of the opinion that no substantial wrong or miscarriage of justice has occurred or that the subject-matter of the application should be determined at trial or on appeal; and

    • (g) dismiss the application.

  • Marginal note:Interim orders

    (5) If an application for review is made, a judge of the Court of Appeal of Nunavut may make any interim order that the judge considers appropriate pending the final disposition of the application for review.

  • Marginal note:Rules

    (6) A person who proposes to make an application for review shall do so in the manner and within the period that may be directed by rules of court, except that a judge of the Court of Appeal of Nunavut may at any time extend any period specified in the rules.

  • Marginal note:Appeal

    (7) An appeal lies to the Court of Appeal of Nunavut against a decision or order made under subsection (4). The provisions of Part XXI apply, with any modifications that the circumstances require, to the appeal.

  • 1999, c. 3, s. 50

Marginal note: Habeas corpus

  • 573.2 (1)Habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut in respect of an order made or warrant issued by a judge of the Nunavut Court of Justice, except where

    • (a) the order or warrant is of a kind that could only be made or issued in a province or a territory other than Nunavut by a superior court of criminal jurisdiction or a judge as defined in section 552; or

    • (b) another statutory right of review or appeal is available.

  • Marginal note:Exception

    (2) Despite subsection (1), habeas corpus proceedings may be brought before a judge of the Court of Appeal of Nunavut with respect to an order or warrant of a judge of the Nunavut Court of Justice if the proceedings are brought to challenge the constitutionality of a person's detention or confinement.

  • Marginal note:Provisions apply

    (3) Subsections 784(2) to (6) apply in respect of any proceedings brought under subsection (1) or (2).

  • 1999, c. 3, s. 50

PART XX Procedure in Jury Trials and General Provisions

Preferring Indictment

Marginal note:Prosecutor may prefer indictment

  • 574 (1) Subject to subsection (3), the prosecutor may, whether the charges were included in one information or not, prefer an indictment against any person who has been ordered to stand trial in respect of

    • (a) any charge on which that person was ordered to stand trial; or

    • (b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial.

  • Marginal note:Preferring indictment when no preliminary inquiry

    (1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.

  • Marginal note:Preferring single indictment

    (1.2) If indictments may be preferred under both subsections (1) and (1.1), the prosecutor may prefer a single indictment in respect of one or more charges referred to in subsection (1) combined with one or more charges or included charges referred to in subsection (1.1).

  • Marginal note:Consent to inclusion of other charges

    (2) An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.

  • Marginal note:Private prosecutor requires consent

    (3) In a prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment may not be preferred under any of subsections (1) to (1.2) before a court without the written order of a judge of that court.

  • R.S., 1985, c. C-46, s. 574
  • R.S., 1985, c. 27 (1st Supp.), s. 113
  • 2002, c. 13, s. 45
  • 2019, c. 25, s. 263

575 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 113]

Marginal note:Indictment

  • 576 (1) Except as provided in this Act, no indictment shall be preferred.

  • Marginal note:Criminal information and bill of indictment

    (2) No criminal information shall be laid or granted and no bill of indictment shall be preferred before a grand jury.

  • Marginal note:Coroner's inquisition

    (3) No person shall be tried on a coroner's inquisition.

  • R.S., 1985, c. C-46, s. 576
  • R.S., 1985, c. 27 (1st Supp.), s. 114

Marginal note:Direct indictments

577  Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if

  • (a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or

  • (b) in any other case, a judge of the court so orders.

  • R.S., 1985, c. C-46, s. 577
  • R.S., 1985, c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18(F)
  • 2002, c. 13, s. 46

Marginal note:Summons or warrant

  • 578 (1) Where notice of the recommencement of proceedings has been given pursuant to subsection 579(2) or an indictment has been filed with the court before which the proceedings are to commence or recommence, the court, if it considers it necessary, may issue

    • (a) a summons addressed to, or

    • (b) a warrant for the arrest of,

    the accused or defendant, as the case may be, to compel him to attend before the court to answer the charge described in the indictment.

  • Marginal note:Part XVI to apply

    (2) The provisions of Part XVI apply with such modifications as the circumstances require where a summons or warrant is issued under subsection (1).

  • R.S., 1985, c. C-46, s. 578
  • R.S., 1985, c. 27 (1st Supp.), s. 116

Marginal note:Attorney General may direct stay

  • 579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General's or counsel's direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.

  • Marginal note:Recommencement of proceedings

    (2) Proceedings stayed in accordance with subsection (1) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General or counsel instructed by him for that purpose giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but where no such notice is given within one year after the entry of the stay of proceedings, or before the expiration of the time within which the proceedings could have been commenced, whichever is the earlier, the proceedings shall be deemed never to have been commenced.

  • R.S., 1985, c. C-46, s. 579
  • R.S., 1985, c. 27 (1st Supp.), s. 117
  • 2019, c. 25, s. 264

Marginal note:Instruction to stay

  • 579.001 (1) The Attorney General or counsel instructed by him or her for that purpose shall, at any time after proceedings in relation to an act or omission of a preclearance officer , as defined in section 5 of the Preclearance Act, 2016, are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by direction of the Attorney General if the Government of the United States has provided notice of the exercise of primary criminal jurisdiction under paragraph 14 of Article X of the Agreement.

  • Marginal note:Stay

    (2) The clerk or other officer of the court shall make the entry immediately after being so directed, and on the entry being made the proceedings are stayed and any recognizance relating to the proceedings is vacated.

  • Marginal note:Recommencement

    (3) The proceedings may be recommenced without laying a new information or preferring a new indictment, if the Attorney General or counsel instructed by him or her gives notice to the clerk or other officer of the court that

    • (a) the Government of the United States has provided notice of waiver under paragraph 15 of Article X of the Agreement; or

    • (b) the Government of the United States has declined, or is unable, to prosecute the accused and the accused has returned to Canada.

  • Marginal note:Proceedings deemed never commenced

    (4) However, if the Attorney General or counsel does not give notice under subsection (3) on or before the first anniversary of the day on which the stay of proceedings was entered, the proceedings are deemed never to have been commenced.

  • Marginal note:Definition of Agreement

    (5) In this section, Agreement means the Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of Canada and the Government of the United States of America, done at Washington on March 16, 2015.

  • 2017, c. 27, s. 62

Marginal note:When Attorney General does not stay proceedings

579.01  If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions.

  • 2002, c. 13, s. 47

Marginal note:Intervention by Attorney General of Canada or Director of Public Prosecutions

  • 579.1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act, or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances:

    • (a) the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding;

    • (b) the proceedings have not been instituted by an Attorney General;

    • (c) judgment has not been rendered; and

    • (d) the Attorney General of the province in which the proceedings are taken has not intervened.

  • Marginal note:Sections 579 and 579.01 to apply

    (2) Sections 579 and 579.01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section.

  • 1994, c. 44, s. 60
  • 2019, c. 25, s. 265

Marginal note:Form of indictment

580  An indictment is sufficient if it is on paper and is in Form 4.

  • R.S., 1985, c. C-46, s. 580
  • R.S., 1985, c. 27 (1st Supp.), s. 117

General Provisions respecting Counts

Marginal note:Substance of offence

  • 581 (1) Each count in an indictment shall in general apply to a single transaction and shall contain in substance a statement that the accused or defendant committed an offence therein specified.

  • Marginal note:Form of statement

    (2) The statement referred to in subsection (1) may be

    • (a) in popular language without technical averments or allegations of matters that are not essential to be proved;

    • (b) in the words of the enactment that describes the offence or declares the matters charged to be an indictable offence; or

    • (c) in words that are sufficient to give to the accused notice of the offence with which he is charged.

  • Marginal note:Details of circumstances

    (3) A count shall contain sufficient detail of the circumstances of the alleged offence to give to the accused reasonable information with respect to the act or omission to be proved against him and to identify the transaction referred to, but otherwise the absence or insufficiency of details does not vitiate the count.

  • Marginal note:Indictment for treason

    (4) If an accused is charged with an offence under section 47 or sections 50 to 53, every overt act that is to be relied on shall be stated in the indictment.

  • Marginal note:Reference to section

    (5) A count may refer to any section, subsection, paragraph or subparagraph of the enactment that creates the offence charged, and for the purpose of determining whether a count is sufficient, consideration shall be given to any such reference.

  • Marginal note:General provisions not restricted

    (6) Nothing in this Part relating to matters that do not render a count insufficient shall be deemed to restrict or limit the application of this section.

  • R.S., 1985, c. C-46, s. 581
  • R.S., 1985, c. 27 (1st Supp.), s. 118
  • 2018, c. 29, s. 63

Marginal note:High treason and first degree murder

582  No person shall be convicted for the offence of high treason or first degree murder unless in the indictment charging the offence he is specifically charged with that offence.

  • R.S., c. C-34, s. 511
  • 1973-74, c. 38, s. 4
  • 1974-75-76, c. 105, s. 6

Marginal note:Certain omissions not grounds for objection

583  No count in an indictment is insufficient by reason of the absence of details where, in the opinion of the court, the count otherwise fulfils the requirements of section 581 and, without restricting the generality of the foregoing, no count in an indictment is insufficient by reason only that

  • (a) it does not name the person injured or intended or attempted to be injured;

  • (b) it does not name the person who owns or has a special property or interest in property mentioned in the count;

  • (c) it charges an intent to defraud without naming or describing the person whom it was intended to defraud;

  • (d) it does not set out any writing that is the subject of the charge;

  • (e) it does not set out the words used where words that are alleged to have been used are the subject of the charge;

  • (f) it does not specify the means by which the alleged offence was committed;

  • (g) it does not name or describe with precision any person, place or thing; or

  • (h) it does not, where the consent of a person, official or authority is required before proceedings may be instituted for an offence, state that the consent has been obtained.

  • R.S., c. C-34, s. 512

Special Provisions respecting Counts

Marginal note:Sufficiency of count charging libel

  • 584 (1) No count for publishing a seditious or defamatory libel, or for selling or exhibiting an obscene book, pamphlet, newspaper or other written matter, is insufficient by reason only that it does not set out the words that are alleged to be libellous or the writing that is alleged to be obscene.

  • Marginal note:Specifying sense

    (2) A count for publishing a libel may charge that the published matter was written in a sense that by innuendo made the publication thereof criminal, and may specify that sense without any introductory assertion to show how the matter was written in that sense.

  • Marginal note:Proof

    (3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.

  • R.S., 1985, c. C-46, s. 584
  • 2018, c. 29, s. 64

Marginal note:Sufficiency of count charging perjury, etc.

585  No count that charges

  • (a) perjury,

  • (b) the making of a false oath or a false statement,

  • (c) fabricating evidence, or

  • (d) procuring the commission of an offence mentioned in paragraph (a), (b) or (c),

is insufficient by reason only that it does not state the nature of the authority of the tribunal before which the oath or statement was taken or made, or the subject of the inquiry, or the words used or the evidence fabricated, or that it does not expressly negative the truth of the words used.

  • R.S., 1985, c. C-46, s. 585
  • 1992, c. 1, s. 60(F)

Marginal note:Sufficiency of count relating to fraud

586  No count that alleges false pretences, fraud or any attempt or conspiracy by fraudulent means is insufficient by reason only that it does not set out in detail the nature of the false pretence, fraud or fraudulent means.

  • R.S., c. C-34, s. 515

Particulars

Marginal note:What may be ordered

  • 587 (1) A court may, where it is satisfied that it is necessary for a fair trial, order the prosecutor to furnish particulars and, without restricting the generality of the foregoing, may order the prosecutor to furnish particulars

    • (a) of what is relied on in support of a charge of perjury, the making of a false oath or a false statement, fabricating evidence or counselling the commission of any of those offences;

    • (b) of any false pretence or fraud that is alleged;

    • (c) of any alleged attempt or conspiracy by fraudulent means;

    • (d) setting out the passages in a book, pamphlet, newspaper or other printing or writing that are relied on in support of a charge of selling or exhibiting an obscene book, pamphlet, newspaper, printing or writing;

    • (e) further describing any writing or words that are the subject of a charge;

    • (f) further describing the means by which an offence is alleged to have been committed; or

    • (g) further describing a person, place or thing referred to in an indictment.

  • Marginal note:Regard to evidence

    (2) For the purpose of determining whether or not a particular is required, the court may give consideration to any evidence that has been taken.

  • Marginal note:Particular

    (3) Where a particular is delivered pursuant to this section,

    • (a) a copy shall be given without charge to the accused or his counsel;

    • (b) the particular shall be entered in the record; and

    • (c) the trial shall proceed in all respects as if the indictment had been amended to conform with the particular.

  • R.S., 1985, c. C-46, s. 587
  • R.S., 1985, c. 27 (1st Supp.), s. 7

Ownership of Property

Marginal note:Ownership

588  The real and personal property of which a person has, by law, the management, control or custody shall, for the purposes of an indictment or proceeding against any other person for an offence committed on or in respect of the property, be deemed to be the property of the person who has the management, control or custody of it.

  • R.S., c. C-34, s. 517

Joinder or Severance of Counts

Marginal note:Count for murder

589  No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless

  • (a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or

  • (b) the accused signifies consent to the joinder of the counts.

  • R.S., 1985, c. C-46, s. 589
  • 1991, c. 4, s. 2

Marginal note:Offences may be charged in the alternative

  • 590 (1) A count is not objectionable by reason only that

    • (a) it charges in the alternative several different matters, acts or omissions that are stated in the alternative in an enactment that describes as an indictable offence the matters, acts or omissions charged in the count; or

    • (b) it is double or multifarious.

  • Marginal note:Application to amend or divide counts

    (2) An accused may at any stage of his trial apply to the court to amend or to divide a count that

    • (a) charges in the alternative different matters, acts or omissions that are stated in the alternative in the enactment that describes the offence or declares that the matters, acts or omissions charged are an indictable offence, or

    • (b) is double or multifarious,

    on the ground that, as framed, it embarrasses him in his defence.

  • Marginal note:Order

    (3) The court may, where it is satisfied that the ends of justice require it, order that a count be amended or divided into two or more counts, and thereupon a formal commencement may be inserted before each of the counts into which it is divided.

  • R.S., c. C-34, s. 519

Marginal note:Joinder of counts

  • 591 (1) Subject to section 589, any number of counts for any number of offences may be joined in the same indictment, but the counts shall be distinguished in the manner shown in Form 4.

  • Marginal note:Each count separate

    (2) Where there is more than one count in an indictment, each count may be treated as a separate indictment.

  • Marginal note:Severance of accused and counts

    (3) The court may, where it is satisfied that the interests of justice so require, order

    • (a) that the accused or defendant be tried separately on one or more of the counts; and

    • (b) where there is more than one accused or defendant, that one or more of them be tried separately on one or more of the counts.

  • Marginal note:Order for severance

    (4) An order under subsection (3) may be made before or during the trial but, if the order is made during the trial, the jury shall be discharged from giving a verdict on the counts

    • (a) on which the trial does not proceed; or

    • (b) in respect of the accused or defendant who has been granted a separate trial.

  • Marginal note:Delayed enforcement

    (4.1) The court may make an order under subsection (3) that takes effect either at a specified later date or on the occurrence of a specified event if, taking into account, among other considerations, the need to ensure consistent decisions, it is satisfied that it is in the interests of justice to do so.

  • Marginal note:Decisions binding on parties

    (4.2) Unless the court is satisfied that it would not be in the interests of justice, the decisions relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that are made before any order issued under subsection (3) takes effect continue to bind the parties if the decisions are made — or could have been made — before the stage at which the evidence on the merits is presented.

  • Marginal note:Subsequent procedure

    (5) The counts in respect of which a jury is discharged pursuant to paragraph (4)(a) may subsequently be proceeded on in all respects as if they were contained in a separate indictment.

  • Marginal note:Idem

    (6) Where an order is made in respect of an accused or defendant under paragraph (3)(b), the accused or defendant may be tried separately on the counts in relation to which the order was made as if they were contained in a separate indictment.

  • R.S., 1985, c. C-46, s. 591
  • R.S., 1985, c. 27 (1st Supp.), s. 119
  • 2011, c. 16, s. 5

Joinder of Accused in Certain Cases

Marginal note:Accessories after the fact

592  Any one who is charged with being an accessory after the fact to any offence may be indicted, whether or not the principal or any other party to the offence has been indicted or convicted or is or is not amenable to justice.

  • R.S., c. C-34, s. 521

Marginal note:Trial of persons jointly

  • 593 (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though

    • (a) the property was had in possession at different times; or

    • (b) the person by whom the property was obtained

      • (i) is not indicted with them, or

      • (ii) is not in custody or is not amenable to justice.

  • Marginal note:Conviction of one or more

    (2) Where, pursuant to subsection (1), two or more persons are charged in the same indictment with an offence referred to in that subsection, any one or more of those persons who separately committed the offence in respect of the property or any part of it may be convicted.

  • R.S., 1985, c. C-46, s. 593
  • 2010, c. 14, s. 11

594 to 596 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 120]

Proceedings when Person Indicted is at Large

Marginal note:Bench warrant

  • 597 (1) Where an indictment has been preferred against a person who is at large, and that person does not appear or remain in attendance for his trial, the court before which the accused should have appeared or remained in attendance may issue a warrant in Form 7 for his arrest.

  • Marginal note:Execution

    (2) A warrant issued under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Interim release

    (3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.

  • Marginal note:Discretion to postpone execution

    (4) A judge who issues a warrant may specify in the warrant the period before which the warrant shall not be executed, to allow the accused to appear voluntarily before a judge having jurisdiction in the territorial division in which the warrant was issued.

  • Marginal note:Deemed execution of warrant

    (5) Where the accused appears voluntarily for the offence in respect of which the accused is charged, the warrant is deemed to be executed.

  • R.S., 1985, c. C-46, s. 597
  • R.S., 1985, c. 27 (1st Supp.), s. 121
  • 1997, c. 18, s. 68
  • 2019, c. 25, s. 266

Marginal note:Election deemed to be waived

  • 598 (1) Notwithstanding anything in this Act, where a person to whom subsection 597(1) applies has elected or is deemed to have elected to be tried by a court composed of a judge and jury and, at the time he failed to appear or to remain in attendance for his trial, he had not re-elected to be tried by a court composed of a judge without a jury or a provincial court judge without a jury, he shall not be tried by a court composed of a judge and jury unless

    • (a) he establishes to the satisfaction of a judge of the court in which he is indicted that there was a legitimate excuse for his failure to appear or remain in attendance for his trial; or

    • (b) the Attorney General requires pursuant to section 568 or 569 that the accused be tried by a court composed of a judge and jury.

  • Marginal note:Election deemed to be waived

    (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused.

  • R.S., 1985, c. C-46, s. 598
  • R.S., 1985, c. 27 (1st Supp.), ss. 122, 185(F), 203(E)
  • 1999, c. 3, s. 51
  • 2002, c. 13, s. 48(E)

Change of Venue

Marginal note:Reasons for change of venue

  • 599 (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if

    • (a) it appears expedient to the ends of justice, including

      • (i) to promote a fair and efficient trial, and

      • (ii) to ensure the safety and security of a victim or witness or to protect their interests and those of society; or

    • (b) a competent authority has directed that a jury is not to be summoned at the time appointed in a territorial division where the trial would otherwise by law be held.

  • (2)[Repealed, R.S., 1985, c. 1 (4th Supp.), s. 16]

  • Marginal note:Conditions respecting expense

    (3) The court or judge may, in an order made on an application by the prosecutor under subsection (1), prescribe conditions that he thinks proper with respect to the payment of additional expenses caused to the accused as a result of the change of venue.

  • Marginal note:Transmission of record

    (4) Where an order is made under subsection (1), the officer who has custody of the indictment, if any, and the writings and exhibits relating to the prosecution, shall transmit them forthwith to the clerk of the court before which the trial is ordered to be held, and all proceedings in the case shall be held or, if previously commenced, shall be continued in that court.

  • Marginal note:Idem

    (5) Where the writings and exhibits referred to in subsection (4) have not been returned to the court in which the trial was to be held at the time an order is made to change the place of trial, the person who obtains the order shall serve a true copy thereof on the person in whose custody they are and that person shall thereupon transmit them to the clerk of the court before which the trial is to be held.

  • R.S., 1985, c. C-46, s. 599
  • R.S., 1985, c. 1 (4th Supp.), s. 16
  • 2019, c. 25, s. 267

Marginal note:Order is authority to remove prisoner

600  An order that is made under section 599 is sufficient warrant, justification and authority to all sheriffs, keepers of prisons and peace officers for the removal, disposal and reception of an accused in accordance with the terms of the order, and the sheriff may appoint and authorize any peace officer to convey the accused to a prison in the territorial division in which the trial is ordered to be held.

  • R.S., c. C-34, s. 528

Amendment

Marginal note:Amending defective indictment or count

  • 601 (1) An objection to an indictment preferred under this Part or to a count in an indictment, for a defect apparent on its face, shall be taken by motion to quash the indictment or count before the accused enters a plea, and, after the accused has entered a plea, only by leave of the court before which the proceedings take place. The court before which an objection is taken under this section may, if it considers it necessary, order the indictment or count to be amended to cure the defect.

  • Marginal note:Amendment where variance

    (2) Subject to this section, a court may, on the trial of an indictment, amend the indictment or a count therein or a particular that is furnished under section 587, to make the indictment, count or particular conform to the evidence, where there is a variance between the evidence and

    • (a) a count in the indictment as preferred; or

    • (b) a count in the indictment

      • (i) as amended, or

      • (ii) as it would have been if it had been amended in conformity with any particular that has been furnished pursuant to section 587.

  • Marginal note:Amending indictment

    (3) Subject to this section, a court shall, at any stage of the proceedings, amend the indictment or a count therein as may be necessary where it appears

    • (a) that the indictment has been preferred under a particular Act of Parliament instead of another Act of Parliament;

    • (b) that the indictment or a count thereof

      • (i) fails to state or states defectively anything that is requisite to constitute the offence,

      • (ii) does not negative an exception that should be negatived,

      • (iii) is in any way defective in substance,

      and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the preliminary inquiry or on the trial; or

    • (c) that the indictment or a count thereof is in any way defective in form.

  • Marginal note:Matters to be considered by the court

    (4) The court shall, in considering whether or not an amendment should be made to the indictment or a count in it, consider

    • (a) the matters disclosed by the evidence taken on the preliminary inquiry;

    • (b) the evidence taken on the trial, if any;

    • (c) the circumstances of the case;

    • (d) whether the accused has been misled or prejudiced in his defence by any variance, error or omission mentioned in subsection (2) or (3); and

    • (e) whether, having regard to the merits of the case, the proposed amendment can be made without injustice being done.

  • Marginal note:Variance not material

    (4.1) A variance between the indictment or a count therein and the evidence taken is not material with respect to

    • (a) the time when the offence is alleged to have been committed, if it is proved that the indictment was preferred within the prescribed period of limitation, if any; or

    • (b) the place where the subject-matter of the proceedings is alleged to have arisen, if it is proved that it arose within the territorial jurisdiction of the court.

  • Marginal note:Adjournment if accused prejudiced

    (5) Where, in the opinion of the court, the accused has been misled or prejudiced in his defence by a variance, error or omission in an indictment or a count therein, the court may, if it is of the opinion that the misleading or prejudice may be removed by an adjournment, adjourn the proceedings to a specified day or sittings of the court and may make such an order with respect to the payment of costs resulting from the necessity for amendment as it considers desirable.

  • Marginal note:Question of law

    (6) The question whether an order to amend an indictment or a count thereof should be granted or refused is a question of law.

  • Marginal note:Endorsing indictment

    (7) An order to amend an indictment or a count therein shall be endorsed on the indictment as part of the record and the proceedings shall continue as if the indictment or count had been originally preferred as amended.

  • Marginal note:Mistakes not material

    (8) A mistake in the heading of an indictment shall be corrected as soon as it is discovered but, whether corrected or not, is not material.

  • Marginal note:Limitation

    (9) The authority of a court to amend indictments does not authorize the court to add to the overt acts stated in an indictment for high treason or treason or for an offence against any provision in sections 50, 51 and 53.

  • Marginal note:Definition of court

    (10) In this section, court means a court, judge, justice or provincial court judge acting in summary conviction proceedings or in proceedings on indictment.

  • Marginal note:Application

    (11) This section applies to all proceedings, including preliminary inquiries, with such modifications as the circumstances require.

  • R.S., 1985, c. C-46, s. 601
  • R.S., 1985, c. 27 (1st Supp.), s. 123
  • 1999, c. 5, s. 23(E)
  • 2011, c. 16, s. 6
  • 2018, c. 29, s. 65

602 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 124]

Inspection and Copies of Documents

Marginal note:Right of accused

603  An accused is entitled, after he has been ordered to stand trial or at his trial,

  • (a) to inspect without charge the indictment, his own statement, the evidence and the exhibits, if any; and

  • (b) to receive, on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the province, a copy

    • (i) of the evidence,

    • (ii) of his own statement, if any, and

    • (iii) of the indictment;

    but the trial shall not be postponed to enable the accused to secure copies unless the court is satisfied that the failure of the accused to secure them before the trial is not attributable to lack of diligence on the part of the accused.

  • R.S., 1985, c. C-46, s. 603
  • R.S., 1985, c. 27 (1st Supp.), s. 101(E)

604 [Repealed, 1997, c. 18, s. 69]

Marginal note:Release of exhibits for testing

  • 605 (1) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction may, on summary application on behalf of the accused or the prosecutor, after three days notice to the accused or prosecutor, as the case may be, order the release of any exhibit for the purpose of a scientific or other test or examination, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the exhibit and its preservation for use at the trial.

  • Marginal note:Disobeying orders

    (2) Every one who fails to comply with the terms of an order made under subsection (1) is guilty of contempt of court and may be dealt with summarily by the judge or provincial court judge who made the order or before whom the trial of the accused takes place.

  • R.S., 1985, c. C-46, s. 605
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Pleas

Marginal note:Pleas permitted

  • 606 (1) An accused who is called on to plead may plead guilty or not guilty, or the special pleas authorized by this Part and no others.

  • Marginal note:Conditions for accepting guilty plea

    (1.1) A court may accept a plea of guilty only if it is satisfied that

    • (a) the accused is making the plea voluntarily;

    • (b) the accused understands

      • (i) that the plea is an admission of the essential elements of the offence,

      • (ii) the nature and consequences of the plea, and

      • (iii) that the court is not bound by any agreement made between the accused and the prosecutor; and

    • (c) the facts support the charge.

  • Marginal note:Validity of plea

    (1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.

  • Marginal note:Refusal to plead

    (2) Where an accused refuses to plead or does not answer directly, the court shall order the clerk of the court to enter a plea of not guilty.

  • Marginal note:Allowing time

    (3) An accused is not entitled as of right to have his trial postponed but the court may, if it considers that the accused should be allowed further time to plead, move to quash or prepare for his defence or for any other reason, adjourn the trial to a later time in the session or sittings of the court, or to the next of any subsequent session or sittings of the court, on such terms as the court considers proper.

  • Marginal note:Included or other offence

    (4) Notwithstanding any other provision of this Act, where an accused or defendant pleads not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence, the court may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the court shall find the accused or defendant not guilty of the offence charged and find him guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court.

  • Marginal note:Inquiry of court  —  murder and serious personal injury offences

    (4.1) If the accused is charged with a serious personal injury offence, as that expression is defined in section 752, or with the offence of murder, and the accused and the prosecutor have entered into an agreement under which the accused will enter a plea of guilty of the offence charged  —  or a plea of not guilty of the offence charged but guilty of any other offence arising out of the same transaction, whether or not it is an included offence  —  the court shall, after accepting the plea of guilty, inquire of the prosecutor if reasonable steps were taken to inform the victims of the agreement.

  • Marginal note:Inquiry of court  —  certain indictable offences

    (4.2) If the accused is charged with an offence, as defined in section 2 of the Canadian Victims Bill of Rights, that is an indictable offence for which the maximum punishment is imprisonment for five years or more, and that is not an offence referred to in subsection (4.1), and the accused and the prosecutor have entered into an agreement referred to in subsection (4.1), the court shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into, and, if so, whether reasonable steps were taken to inform that victim of the agreement.

  • Marginal note:Duty to inform

    (4.3) If subsection (4.1) or (4.2) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea.

  • Marginal note:Validity of plea

    (4.4) Neither the failure of the court to inquire of the prosecutor, nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement, affects the validity of the plea.

  • Marginal note:Video links

    (5) For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

  • R.S., 1985, c. C-46, s. 606
  • R.S., 1985, c. 27 (1st Supp.), s. 125
  • 2002, c. 13, s. 49
  • 2015, c. 13, s. 21
  • 2019, c. 25, s. 268

Marginal note:Special pleas

  • 607 (1) An accused may plead the special pleas of

    • (a) autrefois acquit ;

    • (b) autrefois convict ;

    • (c) pardon; and

    • (d) an expungement order under the Expungement of Historically Unjust Convictions Act.

  • Marginal note:In case of libel

    (2) An accused who is charged with defamatory libel may plead in accordance with sections 611 and 612.

  • Marginal note:Disposal

    (3) The pleas of autrefois acquit , autrefois convict , pardon and an expungement order under the Expungement of Historically Unjust Convictions Act shall be disposed of by the judge without a jury before the accused is called on to plead further.

  • Marginal note:Pleading over

    (4) When the pleas referred to in subsection (3) are disposed of against the accused, he may plead guilty or not guilty.

  • Marginal note:Statement sufficient

    (5) Where an accused pleads autrefois acquit or autrefois convict , it is sufficient if he

    • (a) states that he has been lawfully acquitted, convicted or discharged under subsection 730(1), as the case may be, of the offence charged in the count to which the plea relates; and

    • (b) indicates the time and place of the acquittal, conviction or discharge under subsection 730(1).

  • Marginal note:Exception — foreign trials in absentia

    (6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if

    • (a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person's instructions, and

    • (b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,

    notwithstanding that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.

  • R.S., 1985, c. C-46, s. 607
  • R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F)
  • 1992, c. 1, s. 60(F)
  • 1995, c. 22, s. 10
  • 2000, c. 24, s. 45
  • 2013, c. 13, s. 9
  • 2018, c. 11, s. 29

Marginal note:Evidence of identity of charges

608  Where an issue on a plea of autrefois acquit or autrefois convict is tried, the evidence and adjudication and the notes of the judge and official stenographer on the former trial and the record transmitted to the court pursuant to section 551 on the charge that is pending before that court are admissible in evidence to prove or to disprove the identity of the charges.

  • R.S., c. C-34, s. 536

Marginal note:What determines identity

  • 609 (1) Where an issue on a plea of autrefois acquit or autrefois convict to a count is tried and it appears

    • (a) that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and

    • (b) that on the former trial, if all proper amendments had been made that might then have been made, he might have been convicted of all the offences of which he may be convicted on the count to which the plea of autrefois acquit or autrefois convict is pleaded,

    the judge shall give judgment discharging the accused in respect of that count.

  • Marginal note:Allowance of special plea in part

    (2) The following provisions apply where an issue on a plea of autrefois acquit or autrefois convict is tried:

    • (a) where it appears that the accused might on the former trial have been convicted of an offence of which he may be convicted on the count in issue, the judge shall direct that the accused shall not be found guilty of any offence of which he might have been convicted on the former trial; and

    • (b) where it appears that the accused may be convicted on the count in issue of an offence of which he could not have been convicted on the former trial, the accused shall plead guilty or not guilty with respect to that offence.

  • R.S., c. C-34, s. 537

Marginal note:Circumstances of aggravation

  • 610 (1) Where an indictment charges substantially the same offence as that charged in an indictment on which an accused was previously convicted or acquitted, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous conviction or acquittal bars the subsequent indictment.

  • Marginal note:Effect of previous charge of murder or manslaughter

    (2) A conviction or an acquittal on an indictment for murder bars a subsequent indictment for the same homicide charging it as manslaughter or infanticide, and a conviction or acquittal on an indictment for manslaughter or infanticide bars a subsequent indictment for the same homicide charging it as murder.

  • Marginal note:Previous charges of first degree murder

    (3) A conviction or an acquittal on an indictment for first degree murder bars a subsequent indictment for the same homicide charging it as second degree murder, and a conviction or acquittal on an indictment for second degree murder bars a subsequent indictment for the same homicide charging it as first degree murder.

  • Marginal note:Effect of previous charge of infanticide or manslaughter

    (4) A conviction or an acquittal on an indictment for infanticide bars a subsequent indictment for the same homicide charging it as manslaughter, and a conviction or acquittal on an indictment for manslaughter bars a subsequent indictment for the same homicide charging it as infanticide.

  • R.S., c. C-34, s. 538
  • 1973-74, c. 38, s. 5
  • 1974-75-76, c. 105, s. 9

Marginal note:Libel, plea of justification

  • 611 (1) An accused who is charged with publishing a defamatory libel may plead that the defamatory matter published by him was true, and that it was for the public benefit that the matter should have been published in the manner in which and at the time when it was published.

  • Marginal note:Where more than one sense alleged

    (2) A plea that is made under subsection (1) may justify the defamatory matter in any sense in which it is specified in the count, or in the sense that the defamatory matter bears without being specified, or separate pleas justifying the defamatory matter in each sense may be pleaded separately to each count as if two libels had been charged in separate counts.

  • Marginal note:Plea in writing

    (3) A plea that is made under subsection (1) shall be in writing and shall set out the particular facts by reason of which it is alleged to have been for the public good that the matter should have been published.

  • Marginal note:Reply

    (4) The prosecutor may in his reply deny generally the truth of a plea that is made under this section.

  • R.S., c. C-34, s. 539

Marginal note:Plea of justification necessary

  • 612 (1) The truth of the matters charged in an alleged libel shall not be inquired into in the absence of a plea of justification under section 611 unless the accused is charged with publishing the libel knowing it to be false, in which case evidence of the truth may be given to negative the allegation that the accused knew that the libel was false.

  • Marginal note:Not guilty, in addition

    (2) The accused may, in addition to a plea that is made under section 611, plead not guilty and the pleas shall be inquired into together.

  • Marginal note:Effect of plea on punishment

    (3) Where a plea of justification is pleaded and the accused is convicted, the court may, in pronouncing sentence, consider whether the guilt of the accused is aggravated or mitigated by the plea.

  • R.S., c. C-34, s. 540

Marginal note:Plea of not guilty

613  Any ground of defence for which a special plea is not provided by this Act may be relied on under the plea of not guilty.

  • R.S., c. C-34, s. 541

614 to 619 [ Repealed, 1991, c. 43, s. 3]

Organizations

Marginal note:Appearance by attorney

620  Every organization against which an indictment is filed shall appear and plead by counsel or agent.

  • R.S., 1985, c. C-46, s. 620
  • 1997, c. 18, s. 70
  • 2003, c. 21, s. 11

Marginal note:Notice to organization

  • 621 (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization.

  • Marginal note:Contents of notice

    (2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded.

  • R.S., 1985, c. C-46, s. 621
  • 1997, c. 18, s. 71
  • 2003, c. 21, s. 11

Marginal note:Procedure on default of appearance

622  Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea.

  • R.S., 1985, c. C-46, s. 622
  • 1997, c. 18, s. 72
  • 2003, c. 21, s. 11

Marginal note:Trial of organization

623  Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies.

  • R.S., 1985, c. C-46, s. 623
  • 1995, c. 22, s. 10
  • 2003, c. 21, s. 11

Record of Proceedings

Marginal note:How recorded

  • 624 (1) It is sufficient, in making up the record of a conviction or acquittal on an indictment, to copy the indictment and the plea that was pleaded, without a formal caption or heading.

  • Marginal note:Record of proceedings

    (2) The court shall keep a record of every arraignment and of proceedings subsequent to arraignment.

  • R.S., c. C-34, s. 552

Marginal note:Form of record in case of amendment

625  Where it is necessary to draw up a formal record in proceedings in which the indictment has been amended, the record shall be drawn up in the form in which the indictment remained after the amendment, without reference to the fact that the indictment was amended.

  • R.S., c. C-34, s. 553

Pre-hearing Conference

Marginal note:Pre-hearing conference

  • 625.1 (1) Subject to subsection (2), on application by the prosecutor or the accused or on its own motion, the court, or a judge of the court, before which, or the judge, provincial court judge or justice before whom, any proceedings are to be held may order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by the court, judge, provincial court judge or justice, be held prior to the proceedings to consider the matters that, to promote a fair and expeditious hearing, would be better decided before the start of the proceedings, and other similar matters, and to make arrangements for decisions on those matters.

  • Marginal note:Mandatory pre-trial hearing for jury trials

    (2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial.

  • R.S., 1985, c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45(F)
  • 1997, c. 18, s. 73
  • 2002, c. 13, s. 50

Juries

Marginal note:Qualification of jurors

  • 626 (1) A person who is qualified as a juror according to, and summoned as a juror in accordance with, the laws of a province is qualified to serve as a juror in criminal proceedings in that province.

  • Marginal note:No disqualification based on sex

    (2) Notwithstanding any law of a province referred to in subsection (1), no person may be disqualified, exempted or excused from serving as a juror in criminal proceedings on the grounds of his or her sex.

  • R.S., 1985, c. C-46, s. 626
  • R.S., 1985, c. 27 (1st Supp.), s. 128

Marginal note:Presiding judge

626.1  The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court.

  • 2002, c. 13, s. 51

Marginal note:Support for juror with physical disability

627  The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.

  • R.S., 1985, c. C-46, s. 627
  • R.S., 1985, c. 2 (1st Supp.), s. 1
  • 1998, c. 9, s. 4

Challenging the Array

628 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 129]

Marginal note:Challenging the jury panel

  • 629 (1) The accused or the prosecutor may challenge the jury panel only on the ground of partiality, fraud or wilful misconduct on the part of the sheriff or other officer by whom the panel was returned.

  • Marginal note:In writing

    (2) A challenge under subsection (1) shall be in writing and shall state that the person who returned the panel was partial or fraudulent or that he wilfully misconducted himself, as the case may be.

  • Marginal note:Form

    (3) A challenge under this section may be in Form 40.

  • R.S., 1985, c. C-46, s. 629
  • R.S., 1985, c. 27 (1st Supp.), s. 130

Marginal note:Trying ground of challenge

630  Where a challenge is made under section 629, the judge shall determine whether the alleged ground of challenge is true or not, and where he is satisfied that the alleged ground of challenge is true, he shall direct a new panel to be returned.

  • R.S., c. C-34, s. 559

Empanelling Jury

Marginal note:Names of jurors on cards

  • 631 (1) The name of each juror on a panel of jurors that has been returned, his number on the panel and his address shall be written on a separate card, and all the cards shall, as far as possible, be of equal size.

  • Marginal note:To be placed in box

    (2) The sheriff or other officer who returns the panel shall deliver the cards referred to in subsection (1) to the clerk of the court who shall cause them to be placed together in a box to be provided for the purpose and to be thoroughly shaken together.

  • Marginal note:Alternate jurors

    (2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3) or (3.1).

  • Marginal note:Additional jurors

    (2.2) If the judge considers it advisable in the interests of justice, he or she may order that 13 or 14 jurors, instead of 12, be sworn in accordance with this Part before the clerk of the court draws out the cards under subsection (3) or (3.1).

  • Marginal note:Cards to be drawn by clerk of court

    (3) If the array of jurors is not challenged or the array of jurors is challenged but the judge does not direct a new panel to be returned, the clerk of the court shall, in open court, draw out one after another the cards referred to in subsection (1), call out the number on each card as it is drawn and confirm with the person who responds that he or she is the person whose name appears on the card drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by.

  • Marginal note:Exception

    (3.1) The court, or a judge of the court, before which the jury trial is to be held may, if the court or judge is satisfied that it is necessary for the proper administration of justice, order the clerk of the court to call out the name and the number on each card.

  • Marginal note:Juror and other persons to be sworn

    (4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

  • Marginal note:Drawing additional cards if necessary

    (5) If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection (2.2) — and any alternate jurors are sworn.

  • Marginal note:Ban on publication, limitation to access or use of information

    (6) On application by the prosecutor or on its own motion, the court or judge before which a jury trial is to be held may, if the court or judge is satisfied that such an order is necessary for the proper administration of justice, make an order

    • (a) directing that the identity of a juror or any information that could disclose their identity shall not be published in any document or broadcast or transmitted in any way; or

    • (b) limiting access to or the use of that information.

  • R.S., 1985, c. C-46, s. 631
  • R.S., 1985, c. 27 (1st Supp.), s. 131
  • 1992, c. 41, s. 1
  • 1998, c. 9, s. 5
  • 2001, c. 32, ss. 38, 82
  • 2002, c. 13, s. 52
  • 2005, c. 32, s. 20
  • 2011, c. 16, s. 7

Marginal note:Excusing jurors

632  The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of

  • (a) personal interest in the matter to be tried;

  • (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or

  • (c) personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused.

  • R.S., 1985, c. C-46, s. 632
  • 1992, c. 41, s. 2
  • 2001, c. 32, s. 39
  • 2002, c. 13, s. 53

Marginal note:Stand by

633  The judge may direct a juror who has been called under subsection 631(3) or (3.1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.

  • R.S., 1985, c. C-46, s. 633
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1992, c. 41, s. 2
  • 2001, c. 32, s. 40
  • 2019, c. 25, s. 269

634 [Repealed, 2019, c. 25, s. 269]

Marginal note:Order of challenges

  • 635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.

  • Marginal note:Where there are joint trials

    (2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them,

    • (a) in respect of the first juror, before the prosecutor; and

    • (b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).

  • R.S., 1985, c. C-46, s. 635
  • R.S., 1985, c. 2 (1st Supp.), s. 2
  • 1992, c. 41, s. 2
  • 2019, c. 25, s. 270

636 and 637 [Repealed, 1992, c. 41, s. 2]

Marginal note:Challenge for cause

  • 638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that

    • (a) the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to;

    • (b) a juror is not impartial;

    • (c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;

    • (d) a juror is not a Canadian citizen;

    • (e) a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or

    • (f) a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or who speak both official languages of Canada, as the case may be.

  • Marginal note:No other ground

    (2) No challenge for cause shall be allowed on a ground not mentioned in subsection (1).

  • (3) and (4)[Repealed, 1997, c. 18, s. 74]

  • (5)[Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]

  • R.S., 1985, c. C-46, s. 638
  • R.S., 1985, c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96
  • 1997, c. 18, s. 74
  • 1998, c. 9, s. 6
  • 2019, c. 25, s. 271

Marginal note:Challenge in writing

  • 639 (1) Where a challenge is made on a ground mentioned in section 638, the court may, in its discretion, require the party that challenges to put the challenge in writing.

  • Marginal note:Form

    (2) A challenge may be in Form 41.

  • Marginal note:Denial

    (3) A challenge may be denied by the other party to the proceedings on the ground that it is not true.

  • R.S., c. C-34, s. 568

Marginal note:Determination of challenge for cause

  • 640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.

  • Marginal note:Exclusion order

    (2) On the application of the accused or prosecutor or on the judge's own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.

  • R.S., 1985, c. C-46, s. 640
  • 2008, c. 18, s. 26
  • 2011, c. 16, s. 9
  • 2019, c. 25, s. 272

Marginal note:Calling persons who have stood by

  • 641 (1) If a full jury and any alternate jurors have not been sworn and no cards remain to be drawn, the persons who have been directed to stand by shall be called again in the order in which their cards were drawn and shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

  • Marginal note:Other persons becoming available

    (2) If, before a person is sworn as a juror under subsection (1), other persons in the panel become available, the prosecutor may require the cards of those persons to be put into and drawn from the box in accordance with section 631, and those persons shall be challenged, directed to stand by, excused or sworn, as the case may be, before the persons who were originally directed to stand by are called again.

  • R.S., 1985, c. C-46, s. 641
  • 1992, c. 41, s. 3
  • 2001, c. 32, s. 41
  • 2002, c. 13, s. 55
  • 2011, c. 16, s. 10

Marginal note:Summoning other jurors when panel exhausted

  • 642 (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors.

  • Marginal note:Orally

    (2) Jurors may be summoned under subsection (1) by word of mouth, if necessary.

  • Marginal note:Adding names to panel

    (3) The names of the persons who are summoned under this section shall be added to the general panel for the purposes of the trial, and the same proceedings shall be taken with respect to calling and challenging those persons, excusing them and directing them to stand by as are provided in this Part with respect to the persons named in the original panel.

  • R.S., 1985, c. C-46, s. 642
  • 1992, c. 41, s. 4
  • 2002, c. 13, s. 56

Marginal note:Substitution of alternate jurors

  • 642.1 (1) Alternate jurors shall attend at the commencement of the presentation of the evidence on the merits and, if there is not a full jury present, shall replace any absent juror, in the order in which their cards were drawn under subsection 631(3).

  • Marginal note:Excusing of alternate jurors

    (2) An alternate juror who is not required as a substitute shall be excused.

  • 2002, c. 13, s. 57
  • 2011, c. 16, s. 11

Marginal note:Who shall be the jury

  • 643 (1) The 12, 13 or 14 jurors who are sworn in accordance with this Part and present at the commencement of the presentation of the evidence on the merits shall be the jury to hear the evidence on the merits.

  • Marginal note:Names of jurors

    (1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

  • Marginal note:Same jury may try another issue by consent

    (2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.

  • Marginal note:Sections directory

    (3) Failure to comply with the directions of this section or section 631, 635 or 641 does not affect the validity of a proceeding.

  • R.S., 1985, c. C-46, s. 643
  • 1992, c. 41, s. 5
  • 2001, c. 32, s. 42
  • 2002, c. 13, s. 58
  • 2011, c. 16, s. 12

Marginal note:Discharge of juror

  • 644 (1) Where in the course of a trial the judge is satisfied that a juror should not, by reason of illness or other reasonable cause, continue to act, the judge may discharge the juror.

  • Marginal note:Replacement of juror

    (1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.

  • Marginal note:Trial may continue

    (2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly.

  • Marginal note:Trial may continue without jury

    (3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.

  • R.S., 1985, c. C-46, s. 644
  • 1992, c. 41, s. 6
  • 1997, c. 18, s. 75
  • 2019, c. 25, s. 273

Trial

Marginal note:Trial continuous

  • 645 (1) The trial of an accused shall proceed continuously subject to adjournment by the court.

  • Marginal note:Adjournment

    (2) A judge may adjourn a trial from time to time in the same sittings.

  • Marginal note:Formal adjournment unnecessary

    (3) For the purpose of subsection (2), no formal adjournment of trial or entry thereof is required.

  • Marginal note:Questions reserved for decision

    (4) A judge, in any case tried without a jury, may reserve final decision on any question raised at the trial, or any matter raised further to a pre-hearing conference, and the decision, when given, shall be deemed to have been given at the trial.

  • Marginal note:Questions reserved for decision in a trial with a jury

    (5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) or (3.1) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

  • R.S., 1985, c. C-46, s. 645
  • R.S., 1985, c. 27 (1st Supp.), s. 133
  • 1997, c. 18, s. 76
  • 2001, c. 32, s. 43

Marginal note:Taking evidence

646  On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries.

  • R.S., 1985, c. C-46, s. 646
  • 2002, c. 13, s. 59

Marginal note:Separation of jurors

  • 647 (1) The judge may, at any time before the jury retires to consider its verdict, permit the members of the jury to separate.

  • Marginal note:Keeping in charge

    (2) Where permission to separate under subsection (1) cannot be given or is not given, the jury shall be kept under the charge of an officer of the court as the judge directs, and that officer shall prevent the jurors from communicating with anyone other than himself or another member of the jury without leave of the judge.

  • Marginal note:Non-compliance with subsection (2)

    (3) Failure to comply with subsection (2) does not affect the validity of the proceedings.

  • Marginal note:Empanelling new jury in certain cases

    (4) Where the fact that there has been a failure to comply with this section or section 648 is discovered before the verdict of the jury is returned, the judge may, if he considers that the failure to comply might lead to a miscarriage of justice, discharge the jury and

    • (a) direct that the accused be tried with a new jury during the same session or sittings of the court; or

    • (b) postpone the trial on such terms as justice may require.

  • Marginal note:Refreshment and accommodation

    (5) The judge shall direct the sheriff to provide the jurors who are sworn with suitable and sufficient refreshment, food and lodging while they are together until they have given their verdict.

  • R.S., c. C-34, s. 576
  • 1972, c. 13, s. 48

Marginal note:Restriction on publication

  • 648 (1) After permission to separate is given to members of a jury under subsection 647(1), no information regarding any portion of the trial at which the jury is not present shall be published in any document or broadcast or transmitted in any way before the jury retires to consider its verdict.

  • Marginal note:Offence

    (2) Every one who fails to comply with subsection (1) is guilty of an offence punishable on summary conviction.

  • (3)[Repealed, 2005, c. 32, s. 21]

  • R.S., 1985, c. C-46, s. 648
  • 2005, c. 32, s. 21

Marginal note:Disclosure of jury proceedings

649  Every member of a jury, and every person providing technical, personal, interpretative or other support services to a juror with a physical disability, who, except for the purposes of

  • (a) an investigation of an alleged offence under subsection 139(2) in relation to a juror, or

  • (b) giving evidence in criminal proceedings in relation to such an offence,

discloses any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 649
  • 1998, c. 9, s. 7

Marginal note:Accused to be present

  • 650 (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.

  • Marginal note:Video links

    (1.1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.

  • Marginal note:Video links

    (1.2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Exceptions

    (2) The court may

    • (a) cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible;

    • (b) permit the accused to be out of court during the whole or any part of his trial on such conditions as the court considers proper; or

    • (c) cause the accused to be removed and to be kept out of court during the trial of an issue as to whether the accused is unfit to stand trial, where it is satisfied that failure to do so might have an adverse effect on the mental condition of the accused.

  • Marginal note:To make defence

    (3) An accused is entitled, after the close of the case for the prosecution, to make full answer and defence personally or by counsel.

  • R.S., 1985, c. C-46, s. 650
  • 1991, c. 43, s. 9
  • 1994, c. 44, s. 61
  • 1997, c. 18, s. 77
  • 2002, c. 13, s. 60
  • 2003, c. 21, s. 12
  • 2019, c. 25, s. 274

Marginal note:Designation of counsel of record

  • 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court.

  • Marginal note:Contents of designation

    (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel.

  • Marginal note:Effect of designation

    (3) If a designation is filed,

    • (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than

      • (i) a part during which oral evidence of a witness is taken,

      • (ii) a part during which jurors are being selected, and

      • (iii) an application for a writ of habeas corpus;

    • (b) an appearance by the designated counsel is equivalent to the accused's being present, unless the court orders otherwise; and

    • (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise.

  • Marginal note:When court orders presence of accused

    (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may

    • (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or

    • (b) issue a warrant to compel the presence of the accused.

  • 2002, c. 13, s. 61

Marginal note:Remote appearance

650.02  The prosecutor or the counsel designated under section 650.01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.

  • 2002, c. 13, s. 61
  • 2019, c. 25, s. 275

Marginal note:Pre-charge conference

650.1  A judge in a jury trial may, before the charge to the jury, confer with the accused or counsel for the accused and the prosecutor with respect to the matters that should be explained to the jury and with respect to the choice of instructions to the jury.

  • 1997, c. 18, s. 78

Marginal note:Summing up by prosecutor

  • 651 (1) Where an accused, or any one of several accused being tried together, is defended by counsel, the counsel shall, at the end of the case for the prosecution, declare whether or not he intends to adduce evidence on behalf of the accused for whom he appears and if he does not announce his intention to adduce evidence, the prosecutor may address the jury by way of summing up.

  • Marginal note:Summing up by accused

    (2) Counsel for the accused or the accused, where he is not defended by counsel, is entitled, if he thinks fit, to open the case for the defence, and after the conclusion of that opening to examine such witnesses as he thinks fit, and when all the evidence is concluded to sum up the evidence.

  • Marginal note:Accused's right of reply

    (3) Where no witnesses are examined for an accused, he or his counsel is entitled to address the jury last, but otherwise counsel for the prosecution is entitled to address the jury last.

  • Marginal note:Prosecutor's right of reply where more than one accused

    (4) Where two or more accused are tried jointly and witnesses are examined for any of them, all the accused or their respective counsel are required to address the jury before it is addressed by the prosecutor.

  • R.S., c. C-34, s. 578

Marginal note:View

  • 652 (1) The judge may, where it appears to be in the interests of justice, at any time after the jury has been sworn and before it gives its verdict, direct the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the trial.

  • Marginal note:Directions to prevent communication

    (2) Where a view is ordered under subsection (1), the judge shall give any directions that he considers necessary for the purpose of preventing undue communication by any person with members of the jury, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.

  • Marginal note:Who shall attend

    (3) Where a view is ordered under subsection (1), the accused and the judge shall attend.

  • R.S., c. C-34, s. 579

Marginal note:Trying of issues of indictment by jury

  • 652.1 (1) After the charge to the jury, the jury shall retire to try the issues of the indictment.

  • Marginal note:Reduction of number of jurors to 12

    (2) However, if there are more than 12 jurors remaining, the judge shall identify the 12 jurors who are to retire to consider the verdict by having the number of each juror written on a card that is of equal size, by causing the cards to be placed together in a box that is to be thoroughly shaken together and by drawing one card if 13 jurors remain or two cards if 14 jurors remain. The judge shall then discharge any juror whose number is drawn.

  • 2011, c. 16, s. 13

Marginal note:Disagreement of jury

  • 653 (1) Where the judge is satisfied that the jury is unable to agree on its verdict and that further detention of the jury would be useless, he may in his discretion discharge that jury and direct a new jury to be empanelled during the sittings of the court, or may adjourn the trial on such terms as justice may require.

  • Marginal note:Discretion not reviewable

    (2) A discretion that is exercised under subsection (1) by a judge is not reviewable.

  • R.S., c. C-34, s. 580

Marginal note:Mistrial — rulings binding at new trial

653.1  In the case of a mistrial, unless the court is satisfied that it would not be in the interests of justice, rulings relating to the disclosure or admissibility of evidence or the Canadian Charter of Rights and Freedoms that were made during the trial are binding on the parties in any new trial if the rulings are made — or could have been made — before the stage at which the evidence on the merits is presented.

  • 2011, c. 16, s. 14

Marginal note:Proceeding on Sunday, etc., not invalid

654  The taking of the verdict of a jury and any proceeding incidental thereto is not invalid by reason only that it is done on Sunday or on a holiday.

  • R.S., c. C-34, s. 581

Evidence on Trial

Marginal note:Admissions at trial

655  Where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof.

  • R.S., c. C-34, s. 582

Marginal note:Presumption — valuable minerals

656  In any proceeding in relation to theft or possession of a valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed by any person actively engaged in or on a mine, if it is established that the person possesses the valuable mineral, the person is presumed, in the absence of evidence raising a reasonable doubt to the contrary, to have stolen or unlawfully possessed the valuable mineral.

  • R.S., 1985, c. C-46, s. 656
  • 1999, c. 5, s. 24

Marginal note:Use in evidence of statement by accused

657  A statement made by an accused under subsection 541(3) and purporting to be signed by the justice before whom it was made may be given in evidence against the accused at his or her trial without proof of the signature of the justice, unless it is proved that the justice by whom the statement purports to be signed did not sign it.

  • R.S., 1985, c. C-46, s. 657
  • 1994, c. 44, s. 62

Marginal note:Proof of ownership and value of property

  • 657.1 (1) In any proceedings, an affidavit or a solemn declaration of a person who claims to be the lawful owner of, or the person lawfully entitled to possession of, property that was the subject-matter of the offence, or any other person who has specialized knowledge of the property or of that type of property, containing the statements referred to in subsection (2), shall be admissible in evidence and, in the absence of evidence to the contrary, is evidence of the statements contained in the affidavit or solemn declaration without proof of the signature of the person appearing to have signed the affidavit or solemn declaration.

  • Marginal note:Statements to be made

    (2) For the purposes of subsection (1), a person shall state in an affidavit or a solemn declaration

    • (a) that the person is the lawful owner of, or is lawfully entitled to possession of, the property, or otherwise has specialized knowledge of the property or of property of the same type as that property;

    • (b) the value of the property;

    • (c) in the case of a person who is the lawful owner of or is lawfully entitled to possession of the property, that the person has been deprived of the property by fraudulent means or otherwise without the lawful consent of the person;

    • (c.1) in the case of proceedings in respect of an offence under section 342, that the credit card had been revoked or cancelled, is a false document within the meaning of section 321 or that no credit card that meets the exact description of that credit card was ever issued; and

    • (d) any facts within the personal knowledge of the person relied on to justify the statements referred to in paragraphs (a) to (c.1).

  • Marginal note:Notice of intention to produce affidavit or solemn declaration

    (3) Unless the court orders otherwise, no affidavit or solemn declaration shall be received in evidence pursuant to subsection (1) unless the prosecutor has, before the trial or other proceeding, given to the accused a copy of the affidavit or solemn declaration and reasonable notice of intention to produce it in evidence.

  • Marginal note:Attendance for examination

    (4) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration.

  • R.S., 1985, c. 23 (4th Supp.), s. 3
  • 1994, c. 44, s. 63
  • 1997, c. 18, s. 79

Marginal note:Theft and possession

  • 657.2 (1) Where an accused is charged with possession of any property obtained by the commission of an offence, evidence of the conviction or discharge of another person of theft of the property is admissible against the accused, and in the absence of evidence to the contrary is proof that the property was stolen.

  • Marginal note:Accessory after the fact

    (2) Where an accused is charged with being an accessory after the fact to the commission of an offence, evidence of the conviction or discharge of another person of the offence is admissible against the accused, and in the absence of evidence to the contrary is proof that the offence was committed.

  • 1997, c. 18, s. 80

Marginal note:Expert testimony

  • 657.3 (1) In any proceedings, the evidence of a person as an expert may be given by means of a report accompanied by the affidavit or solemn declaration of the person, setting out, in particular, the qualifications of the person as an expert if

    • (a) the court recognizes that person as an expert; and

    • (b) the party intending to produce the report in evidence has, before the proceeding, given to the other party a copy of the affidavit or solemn declaration and the report and reasonable notice of the intention to produce it in evidence.

  • Marginal note:Attendance for examination

    (2) Notwithstanding subsection (1), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of any of the statements contained in the affidavit or solemn declaration or report.

  • Marginal note:Notice for expert testimony

    (3) For the purpose of promoting the fair, orderly and efficient presentation of the testimony of witnesses,

    • (a) a party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so, accompanied by

      • (i) the name of the proposed witness,

      • (ii) a description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise, and

      • (iii) a statement of the qualifications of the proposed witness as an expert;

    • (b) in addition to complying with paragraph (a), a prosecutor who intends to call a person as an expert witness shall, within a reasonable period before trial, provide to the other party or parties

      • (i) a copy of the report, if any, prepared by the proposed witness for the case, and

      • (ii) if no report is prepared, a summary of the opinion anticipated to be given by the proposed witness and the grounds on which it is based; and

    • (c) in addition to complying with paragraph (a), an accused, or his or her counsel, who intends to call a person as an expert witness shall, not later than the close of the case for the prosecution, provide to the other party or parties the material referred to in paragraph (b).

  • Marginal note:If notices not given

    (4) If a party calls a person as an expert witness without complying with subsection (3), the court shall, at the request of any other party,

    • (a) grant an adjournment of the proceedings to the party who requests it to allow him or her to prepare for cross-examination of the expert witness;

    • (b) order the party who called the expert witness to provide that other party and any other party with the material referred to in paragraph (3)(b); and

    • (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness's testimony, unless the court considers it inappropriate to do so.

  • Marginal note:Additional court orders

    (5) If, in the opinion of the court, a party who has received the notice and material referred to in subsection (3) has not been able to prepare for the evidence of the proposed witness, the court may do one or more of the following:

    • (a) adjourn the proceedings;

    • (b) order that further particulars be given of the evidence of the proposed witness; and

    • (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness's testimony.

  • Marginal note:Use of material by prosecution

    (6) If the proposed witness does not testify, the prosecutor may not produce material provided to him or her under paragraph (3)(c) in evidence without the consent of the accused.

  • Marginal note:No further disclosure

    (7) Unless otherwise ordered by a court, information disclosed under this section in relation to a proceeding may only be used for the purpose of that proceeding.

  • 1997, c. 18, s. 80
  • 2002, c. 13, s. 62

Children and Young Persons

Marginal note:Testimony as to date of birth

  • 658 (1) In any proceedings to which this Act applies, the testimony of a person as to the date of his or her birth is admissible as evidence of that date.

  • Marginal note:Testimony of a parent

    (2) In any proceedings to which this Act applies, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person.

  • Marginal note:Proof of age

    (3) In any proceedings to which this Act applies,

    • (a) a birth or baptismal certificate or a copy of such a certificate purporting to be certified under the hand of the person in whose custody the certificate is held is evidence of the age of that person; and

    • (b) an entry or record of an incorporated society or its officers who have had the control or care of a child or young person at or about the time the child or young person was brought to Canada is evidence of the age of the child or young person if the entry or record was made before the time when the offence is alleged to have been committed.

  • Marginal note:Other evidence

    (4) In the absence of any certificate, copy, entry or record mentioned in subsection (3), or in corroboration of any such certificate, copy, entry or record, a jury, judge, justice or provincial court judge, as the case may be, may receive and act on any other information relating to age that they consider reliable.

  • Marginal note:Inference from appearance

    (5) In the absence of other evidence, or by way of corroboration of other evidence, a jury, judge, justice or provincial court judge, as the case may be, may infer the age of a child or young person from his or her appearance.

  • R.S., 1985, c. C-46, s. 658
  • 1994, c. 44, s. 64

Corroboration

Marginal note:Children's evidence

659  Any requirement whereby it is mandatory for a court to give the jury a warning about convicting an accused on the evidence of a child is abrogated.

  • R.S., 1985, c. C-46, s. 659
  • R.S., 1985, c. 19 (3rd Supp.), s. 15
  • 1993, c. 45, s. 9

Verdicts

Marginal note:Full offence charged, attempt proved

660  Where the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused may be convicted of the attempt.

  • R.S., c. C-34, s. 587

Marginal note:Attempt charged, full offence proved

  • 661 (1) Where an attempt to commit an offence is charged but the evidence establishes the commission of the complete offence, the accused is not entitled to be acquitted, but the jury may convict him of the attempt unless the judge presiding at the trial, in his discretion, discharges the jury from giving a verdict and directs that the accused be indicted for the complete offence.

  • Marginal note:Conviction a bar

    (2) An accused who is convicted under this section is not liable to be tried again for the offence that he was charged with attempting to commit.

  • R.S., c. C-34, s. 588

Marginal note:Offence charged, part only proved

  • 662 (1) A count in an indictment is divisible and where the commission of the offence charged, as described in the enactment creating it or as charged in the count, includes the commission of another offence, whether punishable by indictment or on summary conviction, the accused may be convicted

    • (a) of an offence so included that is proved, notwithstanding that the whole offence that is charged is not proved; or

    • (b) of an attempt to commit an offence so included.

  • Marginal note:First degree murder charged

    (2) For greater certainty and without limiting the generality of subsection (1), where a count charges first degree murder and the evidence does not prove first degree murder but proves second degree murder or an attempt to commit second degree murder, the jury may find the accused not guilty of first degree murder but guilty of second degree murder or an attempt to commit second degree murder, as the case may be.

  • Marginal note:Conviction for infanticide or manslaughter on charge of murder

    (3) Subject to subsection (4), where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence.

  • Marginal note:Conviction for concealing body of child where murder or infanticide charged

    (4) Where a count charges the murder of a child or infanticide and the evidence proves the commission of an offence under section 243 but does not prove murder or infanticide, the jury may find the accused not guilty of murder or infanticide, as the case may be, but guilty of an offence under section 243.

  • Marginal note:Conviction for dangerous operation when another offence charged

    (5) For greater certainty, when a count charges an offence under section 220, 221 or 236 arising out of the operation of a conveyance, and the evidence does not prove that offence but proves an offence under section 320.13, the accused may be convicted of an offence under that section.

  • Marginal note:Conviction for break and enter with intent

    (6) Where a count charges an offence under paragraph 98(1)(b) or 348(1)(b) and the evidence does not prove that offence but does prove an offence under, respectively, paragraph 98(1)(a) or 348(1)(a), the accused may be convicted of an offence under that latter paragraph.

  • R.S., 1985, c. C-46, s. 662
  • R.S., 1985, c. 27 (1st Supp.), s. 134
  • 2000, c. 2, s. 3
  • 2008, c. 6, s. 38
  • 2018, c. 21, s. 20

Marginal note:No acquittal unless act or omission not wilful

663  Where a female person is charged with infanticide and the evidence establishes that she caused the death of her child but does not establish that, at the time of the act or omission by which she caused the death of the child,

  • (a) she was not fully recovered from the effects of giving birth to the child or from the effect of lactation consequent on the birth of the child, and

  • (b) the balance of her mind was, at that time, disturbed by reason of the effect of giving birth to the child or of the effect of lactation consequent on the birth of the child,

she may be convicted unless the evidence establishes that the act or omission was not wilful.

  • R.S., c. C-34, s. 590

Previous Convictions

Marginal note:No reference to previous conviction

664  No indictment in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

  • R.S., c. C-34, s. 591

665 [Repealed, 1995, c. 22, s. 3]

Marginal note:Evidence of character

666  Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.

  • R.S., c. C-34, s. 593

Marginal note:Proof of previous conviction

  • 667 (1) In any proceedings,

    • (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act or the conviction and sentence or finding of guilt and sentence in Canada of an offender is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by

      • (i) the person who made the conviction, order for the discharge or finding of guilt,

      • (ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or

      • (iii) a fingerprint examiner;

    • (b) evidence that the fingerprints of the accused or defendant are the same as the fingerprints of the offender whose fingerprints are reproduced in or attached to a certificate issued under subparagraph (a)(iii) is, in the absence of evidence to the contrary, proof that the accused or defendant is the offender referred to in that certificate;

    • (c) a certificate of a fingerprint examiner stating that he has compared the fingerprints reproduced in or attached to that certificate with the fingerprints reproduced in or attached to a certificate issued under subparagraph (a)(iii) and that they are those of the same person is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate; and

    • (d) a certificate under subparagraph (a)(iii) may be in Form 44, and a certificate under paragraph (c) may be in Form 45.

  • Marginal note:Idem

    (2) In any proceedings, a copy of the summary conviction or discharge under section 730 in Canada of an offender, signed by the person who made the conviction or order for the discharge or by the clerk of the court in which the conviction or order for the discharge was made, is, on proof that the accused or defendant is the offender referred to in the copy of the summary conviction, evidence of the conviction or discharge under section 730 of the accused or defendant, without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Proof of identity

    (2.1) In any summary conviction proceedings, where the name of a defendant is similar to the name of an offender referred to in a certificate made under subparagraph (1)(a)(i) or (ii) in respect of a summary conviction or referred to in a copy of a summary conviction mentioned in subsection (2), that similarity of name is, in the absence of evidence to the contrary, evidence that the defendant is the offender referred to in the certificate or the copy of the summary conviction.

  • Marginal note:Attendance and right to cross-examine

    (3) An accused against whom a certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) is produced may, with leave of the court, require the attendance of the person who signed the certificate for the purposes of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (4) No certificate issued under subparagraph (1)(a)(iii) or paragraph (1)(c) shall be received in evidence unless the party intending to produce it has given to the accused reasonable notice of his intention together with a copy of the certificate.

  • Definition of fingerprint examiner

    (5) In this section, fingerprint examiner means a person designated as such for the purposes of this section by the Minister of Public Safety and Emergency Preparedness.

  • R.S., 1985, c. C-46, s. 667
  • R.S., 1985, c. 27 (1st Supp.), s. 136, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10
  • 2002, c. 1, s. 181
  • 2005, c. 10, s. 34
  • 2008, c. 18, s. 27(F)
  • 2012, c. 1, s. 200

668 and 669 [Repealed, 1995, c. 22, s. 4]

Jurisdiction

Marginal note:Jurisdiction

  • 669.1 (1) Where any judge, court or provincial court judge by whom or which the plea of the accused or defendant to an offence was taken has not commenced to hear evidence, any judge, court or provincial court judge having jurisdiction to try the accused or defendant has jurisdiction for the purpose of the hearing and adjudication.

  • Marginal note:Adjournment

    (2) Any court, judge or provincial court judge having jurisdiction to try an accused or a defendant, or any clerk or other proper officer of the court, or in the case of an offence punishable on summary conviction, any justice, may, at any time before or after the plea of the accused or defendant is taken, adjourn the proceedings.

  • R.S., 1985, c. 27 (1st Supp.), s. 137

Marginal note:Continuation of proceedings

  • 669.2 (1) Subject to this section, where an accused or a defendant is being tried by

    • (a) a judge or provincial court judge,

    • (b) a justice or other person who is, or is a member of, a summary conviction court, or

    • (c) a court composed of a judge and jury,

    as the case may be, and the judge, provincial court judge, justice or other person dies or is for any reason unable to continue, the proceedings may be continued before another judge, provincial court judge, justice or other person, as the case may be, who has jurisdiction to try the accused or defendant.

  • Marginal note:Where adjudication is made

    (2) Where a verdict was rendered by a jury or an adjudication was made by a judge, provincial court judge, justice or other person before whom the trial was commenced, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, impose the punishment or make the order that is authorized by law in the circumstances.

  • Marginal note:If no adjudication made

    (3) Subject to subsections (4) and (5), if the trial was commenced but no adjudication was made or verdict rendered, the judge, provincial court judge, justice or other person before whom the proceedings are continued shall, without further election by an accused, commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:If no adjudication made — jury trials

    (4) If a trial that is before a court composed of a judge and a jury was commenced but no adjudication was made or verdict rendered, the judge before whom the proceedings are continued may, without further election by an accused, continue the trial or commence the trial again as if no evidence on the merits had been taken.

  • Marginal note:Where trial continued

    (5) Where a trial is continued under paragraph (4)(a), any evidence that was adduced before a judge referred to in paragraph (1)(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

  • R.S., 1985, c. 27 (1st Supp.), s. 137
  • 1994, c. 44, s. 65
  • 2011, c. 16, s. 15

Marginal note:Jurisdiction when appointment to another court

669.3  Where a court composed of a judge and a jury, a judge or a provincial court judge is conducting a trial and the judge or provincial court judge is appointed to another court, he or she continues to have jurisdiction in respect of the trial until its completion.

  • 1994, c. 44, s. 66

Formal Defects in Jury Process

Marginal note:Judgment not to be stayed on certain grounds

670  Judgment shall not be stayed or reversed after verdict on an indictment

  • (a) by reason of any irregularity in the summoning or empanelling of the jury; or

  • (b) for the reason that a person who served on the jury was not returned as a juror by a sheriff or other officer.

  • R.S., c. C-34, s. 598

Marginal note:Directions respecting jury or jurors directory

671  No omission to observe the directions contained in any Act with respect to the qualification, selection, balloting or distribution of jurors, the preparation of the jurors' book, the selecting of jury lists or the drafting of panels from the jury lists is a ground for impeaching or quashing a verdict rendered in criminal proceedings.

  • R.S., c. C-34, s. 599

Marginal note:Saving powers of court

672  Nothing in this Act alters, abridges or affects any power or authority that a court or judge had immediately before April 1, 1955, or any practice or form that existed immediately before April 1, 1955, with respect to trials by jury, jury process, juries or jurors, except where the power or authority, practice or form is expressly altered by or is inconsistent with this Act.

  • R.S., c. C-34, s. 600

PART XX.1 Mental Disorder

Interpretation

Marginal note:Definitions

  • 672.1 (1) In this Part,

    accused

    accused  includes a defendant in summary conviction proceedings and an accused in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered; (accusé)

    assessment

    assessment  means an assessment by a medical practitioner or any other person who has been designated by the Attorney General as being qualified to conduct an assessment of the mental condition of the accused under an assessment order made under section 672.11 or 672.121, and any incidental observation or examination of the accused; (évaluation)

    chairperson

    chairperson  includes any alternate that the chairperson of a Review Board may designate to act on the chairperson's behalf; (président)

    court

    court  includes a summary conviction court as defined in section 785, a judge, a justice and a judge of the court of appeal as defined in section 673; (tribunal)

    disposition

    disposition  means an order made by a court or Review Board under section 672.54, an order made by a court under section 672.58 or a finding made by a court under subsection 672.64(1); (décision)

    dual status offender

    dual status offender  means an offender who is subject to a sentence of imprisonment in respect of one offence and a custodial disposition under paragraph 672.54(c) in respect of another offence; (contrevenant à double statut)

    high-risk accused

    high-risk accused  means an accused who is found to be a high-risk accused by a court under subsection 672.64(1); (accusé à haut risque)

    hospital

    hospital  means a place in a province that is designated by the Minister of Health for the province for the custody, treatment or assessment of an accused in respect of whom an assessment order, a disposition or a placement decision is made; (hôpital)

    medical practitioner

    medical practitioner  means a person who is entitled to practise medicine by the laws of a province; (médecin)

    party

    party , in relation to proceedings of a court or Review Board to make or review a disposition, means

    • (a) the accused,

    • (b) the person in charge of the hospital where the accused is detained or is to attend pursuant to an assessment order or a disposition,

    • (c) an Attorney General designated by the court or Review Board under subsection 672.5(3),

    • (d) any interested person designated by the court or Review Board under subsection 672.5(4), or

    • (e) where the disposition is to be made by a court, the prosecutor of the charge against the accused; (parties)

    placement decision

    placement decision  means a decision by a Review Board under subsection 672.68(2) as to the place of custody of a dual status offender; (ordonnance de placement)

    prescribed

    prescribed  means prescribed by regulations made by the Governor in Council under section 672.95; (Version anglaise seulement)

    Review Board

    Review Board  means the Review Board established or designated for a province pursuant to subsection 672.38(1); (commission d'examen)

    verdict of not criminally responsible on account of mental disorder

    verdict of not criminally responsible on account of mental disorder  means a verdict that the accused committed the act or made the omission that formed the basis of the offence with which the accused is charged but is not criminally responsible on account of mental disorder. (verdict de non-responsabilité criminelle pour cause de troubles mentaux)

  • Marginal note:Reference

    (2) For the purposes of subsections 672.5(3) and (5), paragraph 672.86(1)(b) and subsections 672.86(2) and (2.1), 672.88(2) and 672.89(2), in respect of a territory or proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government, a reference to the Attorney General of a province shall be read as a reference to the Attorney General of Canada.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 1
  • 2014, c. 6, s. 2

Assessment Orders

Marginal note:Assessment order

672.11  A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is necessary to determine

  • (a) whether the accused is unfit to stand trial;

  • (b) whether the accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1);

  • (c) whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;

  • (d) the appropriate disposition to be made, where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial has been rendered in respect of the accused;

  • (d.1) whether a finding that the accused is a high-risk accused should be revoked under subsection 672.84(3); or

  • (e) whether an order should be made under section 672.851 for a stay of proceedings, where a verdict of unfit to stand trial has been rendered against the accused.

  • 1991, c. 43, s. 4
  • 1995, c. 22, s. 10
  • 2005, c. 22, s. 2
  • 2014, c. 6, s. 3

Marginal note:Where court may order assessment

  • 672.12 (1) The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the prosecutor.

  • Marginal note:Limitation on prosecutor's application for assessment of fitness

    (2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if

    • (a) the accused raised the issue of fitness; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is fit to stand trial.

  • Marginal note:Limitation on prosecutor's application for assessment

    (3) Where the prosecutor applies for an assessment in order to determine whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility, the court may only order the assessment if

    • (a) the accused puts his or her mental capacity for criminal intent into issue; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder.

  • 1991, c. 43, s. 4

Marginal note:Review Board may order assessment

672.121  The Review Board that has jurisdiction over an accused found not criminally responsible on account of mental disorder or unfit to stand trial may order an assessment of the mental condition of the accused of its own motion or on application of the prosecutor or the accused, if it has reasonable grounds to believe that such evidence is necessary to

  • (a) make a recommendation to the court under subsection 672.851(1);

  • (b) make a disposition under section 672.54 in one of the following circumstances:

    • (i) no assessment report on the mental condition of the accused is available,

    • (ii) no assessment of the mental condition of the accused has been conducted in the last twelve months, or

    • (iii) the accused has been transferred from another province under section 672.86; or

  • (c) determine whether to refer to the court for review under subsection 672.84(1) a finding that an accused is a high-risk accused.

  • 2005, c. 22, s. 3
  • 2014, c. 6, s. 4

Marginal note:Contents of assessment order

  • 672.13 (1) An assessment order must specify

    • (a) the service that or the person who is to make the assessment, or the hospital where it is to be made;

    • (b) whether the accused is to be detained in custody while the order is in force; and

    • (c) the period that the order is to be in force, including the time required for the assessment and for the accused to travel to and from the place where the assessment is to be made.

  • Marginal note:Form

    (2) An assessment order may be in Form 48 or 48.1.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 4

Marginal note:General rule for period

  • 672.14 (1) An assessment order shall not be in force for more than thirty days.

  • Marginal note:Exception in fitness cases

    (2) No assessment order to determine whether the accused is unfit to stand trial shall be in force for more than five days, excluding holidays and the time required for the accused to travel to and from the place where the assessment is to be made, unless the accused and the prosecutor agree to a longer period not exceeding thirty days.

  • Marginal note:Exception for compelling circumstances

    (3) Despite subsections (1) and (2), a court or Review Board may make an assessment order that remains in force for sixty days if the court or Review Board is satisfied that compelling circumstances exist that warrant it.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 5

Marginal note:Extension

  • 672.15 (1) Subject to subsection (2), a court or Review Board may extend an assessment order, of its own motion or on the application of the accused or the prosecutor made during or at the end of the period during which the order is in force, for any further period that is required, in its opinion, to complete the assessment of the accused.

  • Marginal note:Maximum duration of extensions

    (2) No extension of an assessment order shall exceed thirty days, and the period of the initial order together with all extensions shall not exceed sixty days.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 6

Marginal note:Presumption against custody

  • 672.16 (1) Subject to subsection (3), an accused shall not be detained in custody under an assessment order of a court unless

    • (a) the court is satisfied that on the evidence custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody;

    • (b) custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act; or

    • (c) the prosecutor, having been given a reasonable opportunity to do so, shows that detention of the accused in custody is justified on either of the grounds set out in subsection 515(10).

  • Marginal note:Presumption against custody — Review Board

    (1.1) If the Review Board makes an order for an assessment of an accused under section 672.121, the accused shall not be detained in custody under the order unless

    • (a) the accused is currently subject to a disposition made under paragraph 672.54(c);

    • (b) the Review Board is satisfied on the evidence that custody is necessary to assess the accused, or that on the evidence of a medical practitioner custody is desirable to assess the accused and the accused consents to custody; or

    • (c) custody of the accused is required in respect of any other matter or by virtue of any other provision of this Act.

  • Marginal note:Residency as a condition of disposition

    (1.2) Subject to paragraphs (1.1)(b) and (c), if the accused is subject to a disposition made under paragraph 672.54(b) that requires the accused to reside at a specified place, an assessment ordered under section 672.121 shall require the accused to reside at the same place.

  • Marginal note:Report of medical practitioner

    (2) For the purposes of paragraphs (1)(a) and (1.1)(b), if the prosecutor and the accused agree, the evidence of a medical practitioner may be received in the form of a report in writing.

  • Marginal note:Presumption of custody in certain circumstances

    (3) An assessment order made in respect of an accused who is detained under subsection 515(6) or 522(2) shall order that the accused be detained in custody under the same circumstances referred to in that subsection, unless the accused shows that custody is not justified under the terms of that subsection.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 7

Marginal note:Assessment order takes precedence over bail hearing

672.17  During the period that an assessment order made by a court in respect of an accused charged with an offence is in force, no order for the interim release or detention of the accused may be made by virtue of Part XVI or section 679 in respect of that offence or an included offence.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 8

Marginal note:Application to vary assessment order

672.18  Where at any time while an assessment order made by a court is in force the prosecutor or an accused shows cause, the court may vary the terms of the order respecting the interim release or detention of the accused in such manner as it considers appropriate in the circumstances.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 9(F)

Marginal note:No treatment order on assessment

672.19  No assessment order may direct that psychiatric or any other treatment of the accused be carried out, or direct the accused to submit to such treatment.

  • 1991, c. 43, s. 4

Marginal note:When assessment completed

672.191  An accused in respect of whom an assessment order is made shall appear before the court or Review Board that made the order as soon as practicable after the assessment is completed and not later than the last day of the period that the order is to be in force.

  • 1997, c. 18, s. 81
  • 2005, c. 22, s. 10

Assessment Reports

Marginal note:Assessment report

  • 672.2 (1) An assessment order may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused.

  • Marginal note:Assessment report to be filed

    (2) An assessment report shall be filed with the court or Review Board that ordered it, within the period fixed by the court or Review Board, as the case may be.

  • Marginal note:Court to send assessment report to Review Board

    (3) The court shall send to the Review Board without delay a copy of any report filed with it pursuant to subsection (2), to assist in determining the appropriate disposition to be made in respect of the accused.

  • Marginal note:Copies of reports to accused and prosecutor

    (4) Subject to subsection 672.51(3), copies of any report filed with a court or Review Board under subsection (2) shall be provided without delay to the prosecutor, the accused and any counsel representing the accused.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 11

Protected Statements

Marginal note:Definition of protected statement

  • 672.21 (1) In this section, protected statement means a statement made by the accused during the course and for the purposes of an assessment or treatment directed by a disposition, to the person specified in the assessment order or the disposition, or to anyone acting under that person's direction.

  • Marginal note:Protected statements not admissible against accused

    (2) No protected statement or reference to a protected statement made by an accused is admissible in evidence, without the consent of the accused, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence.

  • Marginal note:Exceptions

    (3) Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of

    • (a) determining whether the accused is unfit to stand trial;

    • (b) making a disposition or placement decision respecting the accused;

    • (c) determining, under section 672.84, whether to refer to the court for review a finding that an accused is a high-risk accused or whether to revoke such a finding;

    • (d) determining whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;

    • (e) determining whether the accused was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict;

    • (f) challenging the credibility of an accused in any proceeding where the testimony of the accused is inconsistent in a material particular with a protected statement that the accused made previously; or

    • (g) establishing the perjury of an accused who is charged with perjury in respect of a statement made in any proceeding.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 12
  • 2014, c. 6, s. 5

Fitness to Stand Trial

Marginal note:Presumption of fitness

672.22  An accused is presumed fit to stand trial unless the court is satisfied on the balance of probabilities that the accused is unfit to stand trial.

  • 1991, c. 43, s. 4

Marginal note:Court may direct issue to be tried

  • 672.23 (1) Where the court has reasonable grounds, at any stage of the proceedings before a verdict is rendered, to believe that the accused is unfit to stand trial, the court may direct, of its own motion or on application of the accused or the prosecutor, that the issue of fitness of the accused be tried.

  • Marginal note:Burden of proof

    (2) An accused or a prosecutor who makes an application under subsection (1) has the burden of proof that the accused is unfit to stand trial.

  • 1991, c. 43, s. 4

Marginal note:Counsel

  • 672.24 (1) Where the court has reasonable grounds to believe that an accused is unfit to stand trial and the accused is not represented by counsel, the court shall order that the accused be represented by counsel.

  • Marginal note:Counsel fees and disbursements

    (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

  • Marginal note:Taxation of fees and disbursements

    (3) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 82

Marginal note:Postponing trial of issue

  • 672.25 (1) The court shall postpone directing the trial of the issue of fitness of an accused in proceedings for an offence for which the accused may be prosecuted by indictment or that is punishable on summary conviction, until the prosecutor has elected to proceed by way of indictment or summary conviction.

  • Marginal note:Idem

    (2) The court may postpone directing the trial of the issue of fitness of an accused

    • (a) where the issue arises before the close of the case for the prosecution at a preliminary inquiry, until a time that is not later than the time the accused is called on to answer to the charge; or

    • (b) where the issue arises before the close of the case for the prosecution at trial, until a time not later than the opening of the case for the defence or, on motion of the accused, any later time that the court may direct.

  • 1991, c. 43, s. 4

Marginal note:Trial of issue by judge and jury

672.26  Where an accused is tried or is to be tried before a court composed of a judge and jury,

  • (a) if the judge directs that the issue of fitness of the accused be tried before the accused is given in charge to a jury for trial on the indictment, a jury composed of the number of jurors required in respect of the indictment in the province where the trial is to be held shall be sworn to try that issue and, with the consent of the accused, the issues to be tried on the indictment; and

  • (b) if the judge directs that the issue of fitness of the accused be tried after the accused has been given in charge to a jury for trial on the indictment, the jury shall be sworn to try that issue in addition to the issues in respect of which it is already sworn.

  • 1991, c. 43, s. 4

Marginal note:Trial of issue by court

672.27  The court shall try the issue of fitness of an accused and render a verdict where the issue arises

  • (a) in respect of an accused who is tried or is to be tried before a court other than a court composed of a judge and jury; or

  • (b) before a court at a preliminary inquiry or at any other stage of the proceedings.

  • 1991, c. 43, s. 4

Marginal note:Proceeding continues where accused is fit

672.28  Where the verdict on trial of the issue is that an accused is fit to stand trial, the arraignment, preliminary inquiry, trial or other stage of the proceeding shall continue as if the issue of fitness of the accused had never arisen.

  • 1991, c. 43, s. 4

Marginal note:Where continued detention in custody

672.29  Where an accused is detained in custody on delivery of a verdict that the accused is fit to stand trial, the court may order the accused to be detained in a hospital until the completion of the trial, if the court has reasonable grounds to believe that the accused would become unfit to stand trial if released.

  • 1991, c. 43, s. 4

Marginal note:Acquittal

672.3  Where the court has postponed directing the trial of the issue of fitness of an accused pursuant to subsection 672.25(2) and the accused is discharged or acquitted before the issue is tried, it shall not be tried.

  • 1991, c. 43, s. 4

Marginal note:Verdict of unfit to stand trial

672.31  Where the verdict on trial of the issue is that an accused is unfit to stand trial, any plea that has been made shall be set aside and any jury shall be discharged.

  • 1991, c. 43, s. 4

Marginal note:Subsequent proceedings

  • 672.32 (1) A verdict of unfit to stand trial shall not prevent the accused from being tried subsequently where the accused becomes fit to stand trial.

  • Marginal note:Burden of proof

    (2) The burden of proof that the accused has subsequently become fit to stand trial is on the party who asserts it, and is discharged by proof on the balance of probabilities.

  • 1991, c. 43, s. 4

Marginal note: Prima facie case to be made every two years

  • 672.33 (1) The court that has jurisdiction in respect of the offence charged against an accused who is found unfit to stand trial shall hold an inquiry, not later than two years after the verdict is rendered and every two years thereafter until the accused is acquitted pursuant to subsection (6) or tried, to decide whether sufficient evidence can be adduced at that time to put the accused on trial.

  • Marginal note:Extension of time for holding inquiry

    (1.1) Despite subsection (1), the court may extend the period for holding an inquiry where it is satisfied on the basis of an application by the prosecutor or the accused that the extension is necessary for the proper administration of justice.

  • Marginal note:Court may order inquiry to be held

    (2) On application of the accused, the court may order an inquiry under this section to be held at any time if it is satisfied, on the basis of the application and any written material submitted by the accused, that there is reason to doubt that there is a prima facie case against the accused.

  • Marginal note:Burden of proof

    (3) At an inquiry under this section, the burden of proof that sufficient evidence can be adduced to put the accused on trial is on the prosecutor.

  • Marginal note:Admissible evidence at an inquiry

    (4) In an inquiry under this section, the court shall admit as evidence

    • (a) any affidavit containing evidence that would be admissible if given by the person making the affidavit as a witness in court; or

    • (b) any certified copy of the oral testimony given at a previous inquiry or hearing held before a court in respect of the offence with which the accused is charged.

  • Marginal note:Conduct of inquiry

    (5) The court may determine the manner in which an inquiry under this section is conducted and may follow the practices and procedures in respect of a preliminary inquiry under Part XVIII where it concludes that the interests of justice so require.

  • Marginal note:Where prima facie case not made

    (6) Where, on the completion of an inquiry under this section, the court is satisfied that sufficient evidence cannot be adduced to put the accused on trial, the court shall acquit the accused.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 13, 42(F)

Verdict of Not Criminally Responsible on Account of Mental Disorder

Marginal note:Verdict of not criminally responsible on account of mental disorder

672.34  Where the jury, or the judge or provincial court judge where there is no jury, finds that an accused committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), the jury or the judge shall render a verdict that the accused committed the act or made the omission but is not criminally responsible on account of mental disorder.

  • 1991, c. 43, s. 4

Marginal note:Effect of verdict of not criminally responsible on account of mental disorder

672.35  Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but

  • (a) the accused may plead autrefois acquit in respect of any subsequent charge relating to that offence;

  • (b) any court may take the verdict into account in considering an application for judicial interim release or in considering what dispositions to make or sentence to impose for any other offence; and

  • (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

  • 1991, c. 43, s. 4
  • 2012, c. 1, ss. 145, 160

Marginal note:Verdict not a previous conviction

672.36  A verdict of not criminally responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is provided by reason of previous convictions.

  • 1991, c. 43, s. 4

Marginal note:Definition of application for federal employment

  • 672.37 (1) In this section, application for federal employment means an application form relating to

    • (a) employment in any department, as defined in section 2 of the Financial Administration Act;

    • (b) employment by any Crown corporation as defined in subsection 83(1) of the Financial Administration Act;

    • (c) enrolment in the Canadian Forces; or

    • (d) employment in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • Marginal note:Application for federal employment

    (2) No application for federal employment shall contain any question that requires the applicant to disclose any charge or finding that the applicant committed an offence that resulted in a finding or a verdict of not criminally responsible on account of mental disorder if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offence.

  • Marginal note:Punishment

    (3) Any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2) is guilty of an offence punishable on summary conviction.

  • 1991, c. 43, s. 4

Review Boards

Marginal note:Review Boards to be established

  • 672.38 (1) A Review Board shall be established or designated for each province to make or review dispositions concerning any accused in respect of whom a verdict of not criminally responsible by reason of mental disorder or unfit to stand trial is rendered, and shall consist of not fewer than five members appointed by the lieutenant governor in council of the province.

  • Marginal note:Treated as provincial Board

    (2) A Review Board shall be treated as having been established under the laws of the province.

  • Marginal note:Personal liability

    (3) No member of a Review Board is personally liable for any act done in good faith in the exercise of the member's powers or the performance of the member's duties and functions or for any default or neglect in good faith in the exercise of those powers or the performance of those duties and functions.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 83

Marginal note:Members of Review Board

672.39  A Review Board must have at least one member who is entitled under the laws of a province to practise psychiatry and, where only one member is so entitled, at least one other member must have training and experience in the field of mental health, and be entitled under the laws of a province to practise medicine or psychology.

  • 1991, c. 43, s. 4

Marginal note:Chairperson of a Review Board

  • 672.4 (1) Subject to subsection (2), the chairperson of a Review Board shall be a judge of the Federal Court or of a superior, district or county court of a province, or a person who is qualified for appointment to, or has retired from, such a judicial office.

  • Marginal note:Transitional

    (2) Where the chairperson of a Review Board that was established before the coming into force of subsection (1) is not a judge or other person referred to therein, the chairperson may continue to act until the expiration of his or her term of office if at least one other member of the Review Board is a judge or other person referred to in subsection (1) or is a member of the bar of the province.

  • 1991, c. 43, s. 4

Marginal note:Quorum of Review Board

  • 672.41 (1) Subject to subsection (2), the quorum of a Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and any other member.

  • Marginal note:Transitional

    (2) Where the chairperson of a Review Board that was established before the coming into force of this section is not a judge or other person referred to in subsection 672.4(1), the quorum of the Review Board is constituted by the chairperson, a member who is entitled under the laws of a province to practise psychiatry, and a member who is a person referred to in that subsection or a member of the bar of the province.

  • 1991, c. 43, s. 4

Marginal note:Majority vote

672.42  A decision of a majority of the members present and voting is the decision of a Review Board.

  • 1991, c. 43, s. 4

Marginal note:Powers of Review Boards

672.43  At a hearing held by a Review Board to make a disposition or review a disposition in respect of an accused, the chairperson has all the powers that are conferred by sections 4 and 5 of the Inquiries Act on persons appointed as commissioners under Part I of that Act.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 42(F)

Marginal note:Rules of Review Board

  • 672.44 (1) A Review Board may, subject to the approval of the lieutenant governor in council of the province, make rules providing for the practice and procedure before the Review Board.

  • Marginal note:Application and publication of rules

    (2) The rules made by a Review Board under subsection (1) apply to any proceeding within its jurisdiction, and shall be published in the Canada Gazette.

  • Marginal note:Regulations

    (3) Notwithstanding anything in this section, the Governor in Council may make regulations to provide for the practice and procedure before Review Boards, in particular to make the rules of Review Boards uniform, and all regulations made under this subsection prevail over any rules made under subsection (1).

  • 1991, c. 43, s. 4

Disposition Hearings

Marginal note:Hearing to be held by a court

  • 672.45 (1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of an accused, the court may of its own motion, and shall on application by the accused or the prosecutor, hold a disposition hearing.

  • Marginal note:Transmittal of transcript to Review Board

    (1.1) If the court does not hold a hearing under subsection (1), it shall send without delay, following the verdict, in original or copied form, any transcript of the court proceedings in respect of the accused, any other document or information related to the proceedings, and all exhibits filed with it, to the Review Board that has jurisdiction in respect of the matter, if the transcript, document, information or exhibits are in its possession.

  • Marginal note:Disposition to be made

    (2) At a disposition hearing, the court shall make a disposition in respect of the accused, if it is satisfied that it can readily do so and that a disposition should be made without delay.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 14, 42(F)

Marginal note:Status quo pending Review Board hearing

  • 672.46 (1) If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.

  • Marginal note:Variation

    (2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 42(F)
  • 2019, c. 25, s. 276

Marginal note:Review Board to make disposition where court does not

  • 672.47 (1) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered and the court makes no disposition in respect of an accused, the Review Board shall, as soon as is practicable but not later than forty-five days after the verdict was rendered, hold a hearing and make a disposition.

  • Marginal note:Extension of time for hearing

    (2) Where the court is satisfied that there are exceptional circumstances that warrant it, the court may extend the time for holding a hearing under subsection (1) to a maximum of ninety days after the verdict was rendered.

  • Marginal note:Disposition made by court

    (3) Where a court makes a disposition under section 672.54 other than an absolute discharge in respect of an accused, the Review Board shall, not later than ninety days after the disposition was made, hold a hearing and make a disposition in respect of the accused.

  • Marginal note:Exception — high-risk accused

    (4) Despite subsections (1) to (3), if the court makes a disposition under subsection 672.64(3), the Review Board shall, not later than 45 days after the day on which the disposition is made, hold a hearing and make a disposition under paragraph 672.54(c), subject to the restrictions set out in that subsection.

  • Marginal note:Extension of time for hearing

    (5) If the court is satisfied that there are exceptional circumstances that warrant it, the court may extend the time for holding a hearing under subsection (4) to a maximum of 90 days after the day on which the disposition is made.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 15, 42(F)
  • 2014, c. 6, s. 6

Marginal note:Review Board to determine fitness

  • 672.48 (1) Where a Review Board holds a hearing to make or review a disposition in respect of an accused who has been found unfit to stand trial, it shall determine whether in its opinion the accused is fit to stand trial at the time of the hearing.

  • Marginal note:Review Board shall send accused to court

    (2) If a Review Board determines that the accused is fit to stand trial, it shall order that the accused be sent back to court, and the court shall try the issue and render a verdict.

  • Marginal note:Chairperson may send accused to court

    (3) The chairperson of a Review Board may, with the consent of the accused and the person in charge of the hospital where an accused is being detained, order that the accused be sent back to court for trial of the issue of whether the accused is unfit to stand trial, where the chairperson is of the opinion that

    • (a) the accused is fit to stand trial; and

    • (b) the Review Board will not hold a hearing to make or review a disposition in respect of the accused within a reasonable period.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 42(F)

Marginal note:Continued detention in hospital

  • 672.49 (1) In a disposition made pursuant to section 672.47 the Review Board or chairperson may require the accused to continue to be detained in a hospital until the court determines whether the accused is fit to stand trial, if the Review Board or chairperson has reasonable grounds to believe that the accused would become unfit to stand trial if released.

  • Marginal note:Copy of disposition to be sent to court

    (2) The Review Board or chairperson shall send a copy of a disposition made pursuant to section 672.47 without delay to the court having jurisdiction over the accused and to the Attorney General of the province where the accused is to be tried.

  • 1991, c. 43, s. 4

Marginal note:Procedure at disposition hearing

  • 672.5 (1) A hearing held by a court or Review Board to make or review a disposition in respect of an accused, including a hearing referred to in subsection 672.84(1) or (3), shall be held in accordance with this section.

  • Marginal note:Hearing to be informal

    (2) The hearing may be conducted in as informal a manner as is appropriate in the circumstances.

  • Marginal note:Attorneys General may be parties

    (3) On application, the court or Review Board shall designate as a party the Attorney General of the province where the disposition is to be made and, where an accused is transferred from another province, the Attorney General of the province from which the accused is transferred.

  • Marginal note:Interested person may be a party

    (4) The court or Review Board may designate as a party any person who has a substantial interest in protecting the interests of the accused, if the court or Review Board is of the opinion that it is just to do so.

  • Marginal note:Notice of hearing

    (5) Notice of the hearing shall be given to the parties, the Attorney General of the province where the disposition is to be made and, where the accused is transferred to another province, the Attorney General of the province from which the accused is transferred, within the time and in the manner prescribed, or within the time and in the manner fixed by the rules of the court or Review Board.

  • Marginal note:Notice

    (5.1) At the victim's request, notice of the hearing and of the relevant provisions of the Act shall be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.

  • Marginal note:Notice of discharge and intended place of residence

    (5.2) If the accused is discharged absolutely under paragraph 672.54(a) or conditionally under paragraph 672.54(b), a notice of the discharge and accused's intended place of residence shall, at the victim's request, be given to the victim within the time and in the manner fixed by the rules of the court or Review Board.

  • Marginal note:Order excluding the public

    (6) Where the court or Review Board considers it to be in the best interests of the accused and not contrary to the public interest, the court or Review Board may order the public or any members of the public to be excluded from the hearing or any part of the hearing.

  • Marginal note:Right to counsel

    (7) The accused or any other party has the right to be represented by counsel.

  • Marginal note:Assigning counsel

    (8) If an accused is not represented by counsel, the court or Review Board shall, either before or at the time of the hearing, assign counsel to act for any accused

    • (a) who has been found unfit to stand trial; or

    • (b) wherever the interests of justice so require.

  • Marginal note:Counsel fees and disbursements

    (8.1) Where counsel is assigned pursuant to subsection (8) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General to the extent that the accused is unable to pay them.

  • Marginal note:Taxation of fees and disbursements

    (8.2) Where counsel and the Attorney General cannot agree on the fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court and the registrar may tax the disputed fees and disbursements.

  • Marginal note:Right of accused to be present

    (9) Subject to subsection (10), the accused has the right to be present during the whole of the hearing.

  • Marginal note:Removal or absence of accused

    (10) The court or the chairperson of the Review Board may

    • (a) permit the accused to be absent during the whole or any part of the hearing on such conditions as the court or chairperson considers proper; or

    • (b) cause the accused to be removed and barred from re-entry for the whole or any part of the hearing

      • (i) where the accused interrupts the hearing so that to continue in the presence of the accused would not be feasible,

      • (ii) on being satisfied that failure to do so would likely endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused, or

      • (iii) in order to hear, in the absence of the accused, evidence, oral or written submissions, or the cross-examination of any witness concerning whether grounds exist for removing the accused pursuant to subparagraph (ii).

  • Marginal note:Rights of parties at hearing

    (11) Any party may adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party and, on application, cross-examine any person who made an assessment report that was submitted to the court or Review Board in writing.

  • Marginal note:Request to compel attendance of witnesses

    (12) A party may not compel the attendance of witnesses, but may request the court or the chairperson of the Review Board to do so.

  • Marginal note:Video links

    (13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or videoconference for any part of the hearing.

  • Marginal note:Adjournment

    (13.1) The Review Board may adjourn the hearing for a period not exceeding thirty days if necessary for the purpose of ensuring that relevant information is available to permit it to make or review a disposition or for any other sufficient reason.

  • Marginal note:Determination of mental condition of the accused

    (13.2) On receiving an assessment report, the court or Review Board shall determine whether, since the last time the disposition in respect of the accused was made or reviewed there has been any change in the mental condition of the accused that may provide grounds for the discharge of the accused under paragraph 672.54(a) or (b) and, if there has been such a change, the court or Review Board shall notify every victim of the offence that they are entitled to file a statement in accordance with subsection (14).

  • Marginal note:Notice to victims — referral of finding to court

    (13.3) If the Review Board refers to the court for review under subsection 672.84(1) a finding that an accused is a high-risk accused, it shall notify every victim of the offence that they are entitled to file a statement with the court in accordance with subsection (14).

  • Marginal note:Victim impact statement

    (14) A victim of the offence may prepare and file with the court or Review Board a written statement describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim. Form 48.2 in Part XXVIII, or a form approved by the lieutenant governor in council of the province in which the court or Review Board is exercising its jurisdiction, must be used for this purpose.

  • Marginal note:Copy of statement

    (15) The court or Review Board shall ensure that a copy of any statement filed in accordance with subsection (14) is provided to the accused or counsel for the accused, and the prosecutor, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of the offence.

  • Marginal note:Presentation of victim statement

    (15.1) The court or Review Board shall, at the request of a victim, permit the victim to read a statement prepared and filed in accordance with subsection (14), or to present the statement in any other manner that the court or Review Board considers appropriate, unless the court or Review Board is of the opinion that the reading or presentation of the statement would interfere with the proper administration of justice.

  • Marginal note:Inquiry by court or Review Board

    (15.2) The court or Review Board shall, as soon as practicable after a verdict of not criminally responsible on account of mental disorder is rendered in respect of an offence and before making a disposition under section 672.45, 672.47 or 672.64, inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised of the opportunity to prepare a statement referred to in subsection (14).

  • Marginal note:Adjournment

    (15.3) On application of the prosecutor or a victim or of its own motion, the court or Review Board may adjourn the hearing held under section 672.45, 672.47 or 672.64 to permit the victim to prepare a statement referred to in subsection (14) if the court or Review Board is satisfied that the adjournment would not interfere with the proper administration of justice.

  • (16)[Repealed, 2015, c. 13, s. 22]

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 84
  • 1999, c. 25, s. 11(Preamble)
  • 2005, c. 22, ss. 16, 42(F)
  • 2014, c. 6, s. 7
  • 2015, c. 13, s. 22
  • 2019, c. 25, s. 277

Marginal note:Order restricting publication — sexual offences

  • 672.501 (1) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not crimi­nally responsible on account of mental disorder or unfit to stand trial for an offence referred to in subsection 486.4(1), the Review Board shall make an order directing that any information that could identify a victim, or a witness who is under the age of eighteen years, shall not be published in any document or broadcast or transmitted in any way.

  • Marginal note:Order restricting publication — child pornography

    (2) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.

  • Marginal note:Order restricting publication — other offences

    (3) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence other than the offences referred to in subsection (1) or (2), on application of the prosecutor, a victim or a witness, the Review Board may make an order directing that any information that could identify the victim or witness shall not be published in any document or broadcast or transmitted in any way if the Review Board is satisfied that the order is necessary for the proper administration of justice.

  • Marginal note:Order restricting publication

    (4) An order made under any of subsections (1) to (3) does not apply in respect of the disclosure of information in the course of the administration of justice if it is not the purpose of the disclosure to make the information known in the community.

  • Marginal note:Application and notice

    (5) An applicant for an order under subsection (3) shall

    • (a) apply in writing to the Review Board; and

    • (b) provide notice of the application to the prosecutor, the accused and any other person affected by the order that the Review Board specifies.

  • Marginal note:Grounds

    (6) An applicant for an order under subsection (3) shall set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of justice.

  • Marginal note:Hearing may be held

    (7) The Review Board may hold a hearing to determine whether an order under subsection (3) should be made, and the hearing may be in private.

  • Marginal note:Factors to be considered

    (8) In determining whether to make an order under subsection (3), the Review Board shall consider

    • (a) the right to a fair and public hearing;

    • (b) whether there is a real and substantial risk that the victim or witness would suffer significant harm if their identity were disclosed;

    • (c) whether the victim or witness needs the order for their security or to protect them from intimidation or retaliation;

    • (d) society's interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;

    • (e) whether effective alternatives are available to protect the identity of the victim or witness;

    • (f) the salutary and deleterious effects of the proposed order;

    • (g) the impact of the proposed order on the freedom of expression of those affected by it; and

    • (h) any other factor that the Review Board considers relevant.

  • Marginal note:Conditions

    (9) An order made under subsection (3) may be subject to any conditions that the Review Board thinks fit.

  • Marginal note:Publication of application prohibited

    (10) Unless the Review Board refuses to make an order under subsection (3), no person shall publish in any document or broadcast or transmit in any way

    • (a) the contents of an application;

    • (b) any evidence taken, information given or submissions made at a hearing under subsection (7); or

    • (c) any other information that could identify the person to whom the application relates as a victim or witness in the proceedings.

  • Marginal note:Offence

    (11) Every person who fails to comply with an order made under any of subsections (1) to (3) is guilty of an offence punishable on summary conviction.

  • Marginal note:Application of order

    (12) For greater certainty, an order referred to in subsection (11) also prohibits, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim or witness whose identity is protected by the order.

  • 2005, c. 22, ss. 17, 64

Definition of disposition information

  • 672.51 (1) In this section, disposition information means all or part of an assessment report submitted to the court or Review Board and any other written information before the court or Review Board about the accused that is relevant to making or reviewing a disposition.

  • Marginal note:Disposition information to be made available to parties

    (2) Subject to this section, all disposition information shall be made available for inspection by, and the court or Review Board shall provide a copy of it to, each party and any counsel representing the accused.

  • Marginal note:Exception where disclosure dangerous to any person

    (3) The court or Review Board shall withhold some or all of the disposition information from an accused where it is satisfied, on the basis of that information and the evidence or report of the medical practitioner responsible for the assessment or treatment of the accused, that disclosure of the information would be likely to endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused.

  • Marginal note:Idem

    (4) Notwithstanding subsection (3), the court or Review Board may release some or all of the disposition information to an accused where the interests of justice make disclosure essential in its opinion.

  • Marginal note:Exception where disclosure unnecessary or prejudicial

    (5) The court or Review Board shall withhold disposition information from a party other than the accused or an Attorney General, where disclosure to that party, in the opinion of the court or Review Board, is not necessary to the proceeding and may be prejudicial to the accused.

  • Marginal note:Exclusion of certain persons from hearing

    (6) A court or Review Board that withholds disposition information from the accused or any other party pursuant to subsection (3) or (5) shall exclude the accused or the other party, as the case may be, from the hearing during

    • (a) the oral presentation of that disposition information; or

    • (b) the questioning by the court or Review Board or the cross-examination of any person concerning that disposition information.

  • Marginal note:Prohibition of disclosure in certain cases

    (7) No disposition information shall be made available for inspection or disclosed to any person who is not a party to the proceedings

    • (a) where the disposition information has been withheld from the accused or any other party pursuant to subsection (3) or (5); or

    • (b) where the court or Review Board is of the opinion that disclosure of the disposition information would be seriously prejudicial to the accused and that, in the circumstances, protection of the accused takes precedence over the public interest in disclosure.

  • Marginal note:Idem

    (8) No part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii) shall be made available for inspection to the accused or to any person who is not a party to the proceedings.

  • Marginal note:Information to be made available to specified persons

    (9) Notwithstanding subsections (7) and (8), the court or Review Board may make any disposition information, or a copy of it, available on request to any person or member of a class of persons

    • (a) that has a valid interest in the information for research or statistical purposes, where the court or Review Board is satisfied that disclosure is in the public interest;

    • (b) that has a valid interest in the information for the purposes of the proper administration of justice; or

    • (c) that the accused requests or authorizes in writing to inspect it, where the court or Review Board is satisfied that the person will not disclose or give to the accused a copy of any disposition information withheld from the accused pursuant to subsection (3), or of any part of the record of proceedings referred to in subsection (8), or that the reasons for withholding that information from the accused no longer exist.

  • Marginal note:Disclosure for research or statistical purposes

    (10) A person to whom the court or Review Board makes disposition information available under paragraph (9)(a) may disclose it for research or statistical purposes, but not in any form or manner that could reasonably be expected to identify any person to whom it relates.

  • Marginal note:Prohibition on publication

    (11) No person shall publish in any document or broadcast or transmit in any way

    • (a) any disposition information that is prohibited from being disclosed pursuant to subsection (7); or

    • (b) any part of the record of the proceedings in respect of which the accused was excluded pursuant to subparagraph 672.5(10)(b)(ii) or (iii).

  • Marginal note:Powers of courts not limited

    (12) Except as otherwise provided in this section, nothing in this section limits the powers that a court may exercise apart from this section.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 85
  • 2005, c. 22, ss. 18, 42(F), c. 32, s. 22
  • 2014, c. 6, s. 8

Marginal note:Record of proceedings

  • 672.52 (1) The court or Review Board shall cause a record of the proceedings of its disposition hearings to be kept, and include in the record any assessment report submitted.

  • Marginal note:Transmittal of transcript to Review Board

    (2) If a court holds a disposition hearing under subsection 672.45(1), whether or not it makes a disposition, it shall send without delay to the Review Board that has jurisdiction in respect of the matter, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.

  • Marginal note:Reasons for disposition and copies to be provided

    (3) The court or Review Board shall state its reasons for making a disposition in the record of the proceedings, and shall provide every party with a copy of the disposition and those reasons.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 19, 42(F)

Marginal note:Proceedings not invalid

672.53  Any procedural irregularity in relation to a disposition hearing does not affect the validity of the hearing unless it causes the accused substantial prejudice.

  • 1991, c. 43, s. 4

Dispositions by a Court or Review Board

Terms of Dispositions

Marginal note:Dispositions that may be made

672.54  When a court or Review Board makes a disposition under subsection 672.45(2), section 672.47, subsection 672.64(3) or section 672.83 or 672.84, it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused, make one of the following dispositions that is necessary and appropriate in the circumstances:

  • (a) where a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused and, in the opinion of the court or Review Board, the accused is not a significant threat to the safety of the public, by order, direct that the accused be discharged absolutely;

  • (b) by order, direct that the accused be discharged subject to such conditions as the court or Review Board considers appropriate; or

  • (c) by order, direct that the accused be detained in custody in a hospital, subject to such conditions as the court or Review Board considers appropriate.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 20
  • 2014, c. 6, s. 9

Marginal note:Significant threat to safety of public

672.5401  For the purposes of section 672.54, a significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public  —  including any victim of or witness to the offence, or any person under the age of 18 years  —  resulting from conduct that is criminal in nature but not necessarily violent.

  • 2014, c. 6, s. 10

Marginal note:Victim impact statement

672.541  If a verdict of not criminally responsible on account of mental disorder has been rendered in respect of an accused, the court or Review Board shall

  • (a) at a hearing held under section 672.45, 672.47, 672.64, 672.81 or 672.82 or subsection 672.84(5), take into consideration any statement filed by a victim in accordance with subsection 672.5(14) in determining the appropriate disposition or conditions under section 672.54, to the extent that the statement is relevant to its consideration of the criteria set out in section 672.54;

  • (b) at a hearing held under section 672.64 or subsection 672.84(3), take into consideration any statement filed by a victim in accordance with subsection 672.5(14), to the extent that the statement is relevant to its consideration of the criteria set out in subsection 672.64(1) or 672.84(3), as the case may be, in deciding whether to find that the accused is a high-risk accused, or to revoke such a finding; and

  • (c) at a hearing held under section 672.81 or 672.82 in respect of a high-risk accused, take into consideration any statement filed by a victim in accordance with subsection 672.5(14) in determining whether to refer to the court for review the finding that the accused is a high-risk accused, to the extent that the statement is relevant to its consideration of the criteria set out in subsection 672.84(1).

  • 1999, c. 25, s. 12(Preamble)
  • 2005, c. 22, s. 21
  • 2014, c. 6, s. 10

Marginal note:Additional conditions — safety and security

672.542  When a court or Review Board holds a hearing referred to in section 672.5, the court or Review Board shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the disposition that the accused

  • (a) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the disposition, or refrain from going to any place specified in the disposition; or

  • (b) comply with any other condition specified in the disposition that the court or Review Board considers necessary to ensure the safety and security of those persons.

  • 2014, c. 6, s. 10

Marginal note:Treatment not a condition

  • 672.55 (1) No disposition made under section 672.54 shall direct that any psychiatric or other treatment of the accused be carried out or that the accused submit to such treatment except that the disposition may include a condition regarding psychiatric or other treatment where the accused has consented to the condition and the court or Review Board considers the condition to be reasonable and necessary in the interests of the accused.

  • (2)[Repealed, 2005, c. 22, s. 22]

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 86
  • 2005, c. 22, s. 22

Marginal note:Delegated authority to vary restrictions on liberty of accused

  • 672.56 (1) A Review Board that makes a disposition in respect of an accused under paragraph 672.54(b) or (c) may delegate to the person in charge of the hospital authority to direct that the restrictions on the liberty of the accused be increased or decreased within any limits and subject to any conditions set out in that disposition, and any direction so made is deemed for the purposes of this Act to be a disposition made by the Review Board.

  • Marginal note:Exception — high-risk accused

    (1.1) If the accused is a high-risk accused, any direction is subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Notice to accused and Review Board of increase in restrictions

    (2) A person who increases the restrictions on the liberty of the accused significantly pursuant to authority delegated to the person by a Review Board shall

    • (a) make a record of the increased restrictions on the file of the accused; and

    • (b) give notice of the increase as soon as is practicable to the accused and, if the increased restrictions remain in force for a period exceeding seven days, to the Review Board.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 11

Marginal note:Warrant of committal

672.57  Where the court or Review Board makes a disposition under paragraph 672.54(c), it shall issue a warrant of committal of the accused, which may be in Form 49.

  • 1991, c. 43, s. 4

Marginal note:Treatment disposition

672.58  Where a verdict of unfit to stand trial is rendered and the court has not made a disposition under section 672.54 in respect of an accused, the court may, on application by the prosecutor, by order, direct that treatment of the accused be carried out for a specified period not exceeding sixty days, subject to such conditions as the court considers appropriate and, where the accused is not detained in custody, direct that the accused submit to that treatment by the person or at the hospital specified.

  • 1991, c. 43, s. 4

Marginal note:Criteria for disposition

  • 672.59 (1) No disposition may be made under section 672.58 unless the court is satisfied, on the basis of the testimony of a medical practitioner, that a specific treatment should be administered to the accused for the purpose of making the accused fit to stand trial.

  • Marginal note:Evidence required

    (2) The testimony required by the court for the purposes of subsection (1) shall include a statement that the medical practitioner has made an assessment of the accused and is of the opinion, based on the grounds specified, that

    • (a) the accused, at the time of the assessment, was unfit to stand trial;

    • (b) the psychiatric treatment and any other related medical treatment specified by the medical practitioner will likely make the accused fit to stand trial within a period not exceeding sixty days and that without that treatment the accused is likely to remain unfit to stand trial;

    • (c) the risk of harm to the accused from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and

    • (d) the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (1), considering the opinions referred to in paragraphs (b) and (c).

  • 1991, c. 43, s. 4

Marginal note:Notice required

  • 672.6 (1) The court shall not make a disposition under section 672.58 unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.

  • Marginal note:Challenge by accused

    (2) On receiving the notice referred to in subsection (1), the accused may challenge the application and adduce evidence for that purpose.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 87

Marginal note:Exception

  • 672.61 (1) The court shall not direct, and no disposition made under section 672.58 shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment that is prescribed.

  • Marginal note:Definitions

    (2) In this section,

    electro-convulsive therapy

    electro-convulsive therapy  means a procedure for the treatment of certain mental disorders that induces, by electrical stimulation of the brain, a series of generalized convulsions; (sismothérapie)

    psychosurgery

    psychosurgery  means any procedure that by direct or indirect access to the brain removes, destroys or interrupts the continuity of histologically normal brain tissue, or inserts indwelling electrodes for pulsed electrical stimulation for the purpose of altering behaviour or treating psychiatric illness, but does not include neurological procedures used to diagnose or treat intractable physical pain, organic brain conditions, or epilepsy, where any of those conditions is clearly demonstrable. (psychochirurgie)

  • 1991, c. 43, s. 4

Marginal note:Consent of hospital required for treatment

  • 672.62 (1) No court shall make a disposition under section 672.58 without the consent of

    • (a) the person in charge of the hospital where the accused is to be treated; or

    • (b) the person to whom responsibility for the treatment of the accused is assigned by the court.

  • Marginal note:Consent of accused not required for treatment

    (2) The court may direct that treatment of an accused be carried out pursuant to a disposition made under section 672.58 without the consent of the accused or a person who, according to the laws of the province where the disposition is made, is authorized to consent for the accused.

  • 1991, c. 43, s. 4

Marginal note:Effective date of disposition

672.63  A disposition shall come into force on the day on which it is made or on any later day that the court or Review Board specifies in it, and shall remain in force until the Review Board holds a hearing to review the disposition and makes another disposition.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 23

High-Risk Accused

Marginal note:Finding

  • 672.64 (1) On application made by the prosecutor before any disposition to discharge an accused absolutely, the court may, at the conclusion of a hearing, find the accused to be a high-risk accused if the accused has been found not criminally responsible on account of mental disorder for a serious personal injury offence, as defined in subsection 672.81(1.3), the accused was 18 years of age or more at the time of the commission of the offence and

    • (a) the court is satisfied that there is a substantial likelihood that the accused will use violence that could endanger the life or safety of another person; or

    • (b) the court is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.

  • Marginal note:Factors to consider

    (2) In deciding whether to find that the accused is a high-risk accused, the court shall consider all relevant evidence, including

    • (a) the nature and circumstances of the offence;

    • (b) any pattern of repetitive behaviour of which the offence forms a part;

    • (c) the accused's current mental condition;

    • (d) the past and expected course of the accused's treatment, including the accused's willingness to follow treatment; and

    • (e) the opinions of experts who have examined the accused.

  • Marginal note:Detention of high-risk accused

    (3) If the court finds the accused to be a high-risk accused, the court shall make a disposition under paragraph 672.54(c), but the accused's detention must not be subject to any condition that would permit the accused to be absent from the hospital unless

    • (a) it is appropriate, in the opinion of the person in charge of the hospital, for the accused to be absent from the hospital for medical reasons or for any purpose that is necessary for the accused's treatment, if the accused is escorted by a person who is authorized by the person in charge of the hospital; and

    • (b) a structured plan has been prepared to address any risk related to the accused's absence and, as a result, that absence will not present an undue risk to the public.

  • Marginal note:Appeal

    (4) A decision not to find an accused to be a high-risk accused is deemed to be a disposition for the purpose of sections 672.72 to 672.78.

  • Marginal note:For greater certainty

    (5) For greater certainty, a finding that an accused is a high-risk accused is a disposition and sections 672.72 to 672.78 apply to it.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 24
  • 2014, c. 6, s. 12

672.65 and 672.66  [No sections 672.65 and 672.66]

Dual Status Offenders

Marginal note:Where court imposes a sentence

  • 672.67 (1) Where a court imposes a sentence of imprisonment on an offender who is, or thereby becomes, a dual status offender, that sentence takes precedence over any prior custodial disposition, pending any placement decision by the Review Board.

  • Marginal note:Custodial disposition by court

    (2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.

  • 1991, c. 43, s. 4
  • 1995, c. 22, s. 10
  • 2005, c. 22, s. 25

Definition of Minister

  • 672.68 (1) In this section and in sections 672.69 and 672.7, Minister means the Minister of Public Safety and Emergency Preparedness or the Minister responsible for correctional services of the province to which a dual status offender may be sent pursuant to a sentence of imprisonment.

  • Marginal note:Placement decision by Review Board

    (2) On application by the Minister or of its own motion, where the Review Board is of the opinion that the place of custody of a dual status offender pursuant to a sentence or custodial disposition made by the court is inappropriate to meet the mental health needs of the offender or to safeguard the well-being of other persons, the Review Board shall, after giving the offender and the Minister reasonable notice, decide whether to place the offender in custody in a hospital or in a prison.

  • Marginal note:Idem

    (3) In making a placement decision, the Review Board shall take into consideration

    • (a) the need to protect the public from dangerous persons;

    • (b) the treatment needs of the offender and the availability of suitable treatment resources to address those needs;

    • (c) whether the offender would consent to or is a suitable candidate for treatment;

    • (d) any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and

    • (e) any other factors that the Review Board considers relevant.

  • Marginal note:Time for making placement decision

    (4) The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.

  • Marginal note:Effects of placement decision

    (5) Where the offender is detained in a prison pursuant to the placement decision of the Review Board, the Minister is responsible for the supervision and control of the offender.

  • 1991, c. 43, s. 4
  • 2005, c. 10, s. 34

Marginal note:Minister and Review Board entitled to access

  • 672.69 (1) The Minister and the Review Board are entitled to have access to any dual status offender in respect of whom a placement decision has been made, for the purpose of conducting a review of the sentence or disposition imposed.

  • Marginal note:Review of placement decisions

    (2) The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.

  • Marginal note:Idem

    (3) The Review Board may of its own motion hold a hearing to review a placement decision after giving the Minister and the dual status offender who is subject to it reasonable notice.

  • Marginal note:Minister shall be a party

    (4) The Minister shall be a party in any proceedings relating to the placement of a dual status offender.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 42(F)

Marginal note:Notice of discharge

  • 672.7 (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.

  • Marginal note:Warrant of committal

    (2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.

  • 1991, c. 43, s. 4

Marginal note:Detention to count as service of term

  • 672.71 (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.

  • Marginal note:Disposition takes precedence over probation orders

    (2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.

  • 1991, c. 43, s. 4
  • 1995, c. 22, s. 10

Appeals

Marginal note:Grounds for appeal

  • 672.72 (1) Any party may appeal against a disposition made by a court or a Review Board, or a placement decision made by a Review Board, to the court of appeal of the province where the disposition or placement decision was made on any ground of appeal that raises a question of law or fact alone or of mixed law and fact.

  • Marginal note:Limitation period for appeal

    (2) An appellant shall give notice of an appeal against a disposition or placement decision in the manner directed by the applicable rules of court within fifteen days after the day on which the appellant receives a copy of the placement decision or disposition and the reasons for it or within any further time that the court of appeal, or a judge of that court, may direct.

  • Marginal note:Appeal to be heard expeditiously

    (3) The court of appeal shall hear an appeal against a disposition or placement decision in or out of the regular sessions of the court, as soon as practicable after the day on which the notice of appeal is given, within any period that may be fixed by the court of appeal, a judge of the court of appeal, or the rules of that court.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 88

Marginal note:Appeal on the transcript

  • 672.73 (1) An appeal against a disposition by a court or Review Board or placement decision by a Review Board shall be based on a transcript of the proceedings and any other evidence that the court of appeal finds necessary to admit in the interests of justice.

  • Marginal note:Additional evidence

    (2) For the purpose of admitting additional evidence under this section, subsections 683(1) and (2) apply, with such modifications as the circumstances require.

  • 1991, c. 43, s. 4

Marginal note:Notice of appeal to be given to court or Review Board

  • 672.74 (1) The clerk of the court of appeal, on receiving notice of an appeal against a disposition or placement decision, shall notify the court or Review Board that made the disposition.

  • Marginal note:Transmission of records to court of appeal

    (2) On receipt of notification under subsection (1), the court or Review Board shall transmit to the court of appeal, before the time that the appeal is to be heard or within any time that the court of appeal or a judge of that court may direct,

    • (a) a copy of the disposition or placement decision;

    • (b) all exhibits filed with the court or Review Board or a copy of them; and

    • (c) all other material in its possession respecting the hearing.

  • Marginal note:Record to be kept by court of appeal

    (3) The clerk of the court of appeal shall keep the material referred to in subsection (2) with the records of the court of appeal.

  • Marginal note:Appellant to provide transcript of evidence

    (4) Unless it is contrary to an order of the court of appeal or any applicable rules of court, the appellant shall provide the court of appeal and the respondent with a transcript of any evidence taken before a court or Review Board by a stenographer or a sound recording apparatus, certified by the stenographer or in accordance with subsection 540(6), as the case may be.

  • Marginal note:Saving

    (5) An appeal shall not be dismissed by the court of appeal by reason only that a person other than the appellant failed to comply with this section.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 42(F)

Marginal note:Automatic suspension of certain dispositions

672.75  The filing of a notice of appeal against a disposition made under section 672.58 suspends the application of the disposition pending the determination of the appeal.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 13

Marginal note:Application respecting dispositions under appeal

  • 672.76 (1) Any party who gives notice to each of the other parties, within the time and in the manner prescribed, may apply to a judge of the court of appeal for an order under this section respecting a disposition or placement decision that is under appeal.

  • Marginal note:Discretionary powers respecting suspension of dispositions

    (2) On receipt of an application made pursuant to subsection (1) a judge of the court of appeal may, if satisfied that the mental condition of the accused justifies it,

    • (a) by order, direct that a disposition made under section 672.58 be carried out pending the determination of the appeal, despite section 672.75;

    • (a.1) by order, direct that a disposition made under paragraph 672.54(a) be suspended pending the determination of the appeal;

    • (b) by order, direct that the application of a placement decision or a disposition made under paragraph 672.54(b) or (c) be suspended pending the determination of the appeal;

    • (c) where the application of a disposition is suspended pursuant to section 672.75 or paragraph (b), make any other disposition in respect of the accused that is appropriate in the circumstances, other than a disposition under paragraph 672.54(a) or section 672.58, pending the determination of the appeal;

    • (d) where the application of a placement decision is suspended pursuant to an order made under paragraph (b), make any other placement decision that is appropriate in the circumstances, pending the determination of the appeal; and

    • (e) give any directions that the judge considers necessary for expediting the appeal.

  • Marginal note:Copy of order to parties

    (3) A judge of the court of appeal who makes an order under this section shall send a copy of the order to each of the parties without delay.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 14

Marginal note:Effect of suspension of disposition

672.77  Where the application of a disposition or placement decision appealed from is suspended, a disposition, or in the absence of a disposition any order for the interim release or detention of the accused, that was in effect immediately before the disposition or placement decision appealed from took effect, shall be in force pending the determination of the appeal, subject to any disposition made under paragraph 672.76(2)(c).

  • 1991, c. 43, s. 4

Marginal note:Powers of court of appeal

  • 672.78 (1) The court of appeal may allow an appeal against a disposition or placement decision and set aside an order made by the court or Review Board, where the court of appeal is of the opinion that

    • (a) it is unreasonable or cannot be supported by the evidence;

    • (b) it is based on a wrong decision on a question of law; or

    • (c) there was a miscarriage of justice.

  • Marginal note:Idem

    (2) The court of appeal may dismiss an appeal against a disposition or placement decision where the court is of the opinion

    • (a) that paragraphs (1)(a), (b) and (c) do not apply; or

    • (b) that paragraph (1)(b) may apply, but the court finds that no substantial wrong or miscarriage of justice has occurred.

  • Marginal note:Orders that the court may make

    (3) Where the court of appeal allows an appeal against a disposition or placement decision, it may

    • (a) make any disposition under section 672.54 or any placement decision that the Review Board could have made;

    • (b) refer the matter back to the court or Review Board for re-hearing, in whole or in part, in accordance with any directions that the court of appeal considers appropriate; or

    • (c) make any other order that justice requires.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 89

672.79 [Repealed, 2005, c. 22, s. 26]

672.8 [Repealed, 2005, c. 22, s. 26]

Review of Dispositions

Marginal note:Mandatory review of dispositions

  • 672.81 (1) A Review Board shall hold a hearing not later than twelve months after making a disposition and every twelve months thereafter for as long as the disposition remains in force, to review any disposition that it has made in respect of an accused, other than an absolute discharge under paragraph 672.54(a).

  • Marginal note:Extension on consent

    (1.1) Despite subsection (1), the Review Board may extend the time for holding a hearing to a maximum of twenty-four months after the making or reviewing of a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.

  • Marginal note:Extension for serious personal violence offence

    (1.2) Despite subsection (1), at the conclusion of a hearing under this section the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of twenty-four months if

    • (a) the accused has been found not crimi­nally responsible for a serious personal injury offence;

    • (b) the accused is subject to a disposition made under paragraph 672.54(c); and

    • (c) the Review Board is satisfied on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), that the condition of the accused is not likely to improve and that detention remains necessary for the period of the extension.

  • Definition of serious personal injury offence

    (1.3) For the purposes of subsection (1.2), serious personal injury offence means

    • (a) an indictable offence involving

      • (i) the use or attempted use of violence against another person, or

      • (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or

    • (b) an indictable offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 or an attempt to commit such an offence.

  • Marginal note:Extension on consent — high-risk accused

    (1.31) Despite subsections (1) to (1.2), the Review Board may extend the time for holding a hearing in respect of a high-risk accused to a maximum of 36 months after making or reviewing a disposition if the accused is represented by counsel and the accused and the Attorney General consent to the extension.

  • Marginal note:Extension — no likely improvement

    (1.32) Despite subsections (1) to (1.2), at the conclusion of a hearing under subsection 672.47(4) or this section in respect of a high-risk accused, the Review Board may, after making a disposition, extend the time for holding a subsequent hearing under this section to a maximum of 36 months if the Review Board is satisfied on the basis of any relevant information, including disposition information as defined in subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(c), that the accused's condition is not likely to improve and that detention remains necessary for the period of the extension.

  • Marginal note:Notice

    (1.4) If the Review Board extends the time for holding a hearing under subsection (1.2) or (1.32), it shall provide notice of the extension to the accused, the prosecutor and the person in charge of the hospital where the accused is detained.

  • Marginal note:Appeal

    (1.5) A decision by the Review Board to extend the time for holding a hearing under subsection (1.2) or (1.32) is deemed to be a disposition for the purpose of sections 672.72 to 672.78.

  • Marginal note:Additional mandatory reviews in custody cases

    (2) The Review Board shall hold a hearing to review any disposition made under paragraph 672.54(b) or (c) as soon as practicable after receiving notice that the person in charge of the place where the accused is detained or directed to attend requests the review.

  • Marginal note:Review in case of increase on restrictions on liberty

    (2.1) The Review Board shall hold a hearing to review a decision to significantly increase the restrictions on the liberty of the accused, as soon as practicable after receiving the notice referred to in subsection 672.56(2).

  • Marginal note:Idem

    (3) Where an accused is detained in custody pursuant to a disposition made under paragraph 672.54(c) and a sentence of imprisonment is subsequently imposed on the accused in respect of another offence, the Review Board shall hold a hearing to review the disposition as soon as is practicable after receiving notice of that sentence.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 27, 42(F)
  • 2014, c. 6, s. 15

Marginal note:Discretionary review

  • 672.82 (1) A Review Board may hold a hearing to review any of its dispositions at any time, of its own motion or at the request of the accused or any other party.

  • Marginal note:Review Board to provide notice

    (1.1) Where a Review Board holds a hearing under subsection (1) of its own motion, it shall provide notice to the prosecutor, the accused and any other party.

  • Marginal note:Review cancels appeal

    (2) Where a party requests a review of a disposition under this section, the party is deemed to abandon any appeal against the disposition taken under section 672.72.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 28

Marginal note:Disposition by Review Board

  • 672.83 (1) At a hearing held pursuant to section 672.81 or 672.82, the Review Board shall, except where a determination is made under subsection 672.48(1) that the accused is fit to stand trial, review the disposition made in respect of the accused and make any other disposition that the Review Board considers to be appropriate in the circumstances.

  • (2)[Repealed, 2005, c. 22, s. 29]

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 90
  • 2005, c. 22, ss. 29, 42(F)

Marginal note:Review of finding — high-risk accused

  • 672.84 (1) If a Review Board holds a hearing under section 672.81 or 672.82 in respect of a high-risk accused, it shall, on the basis of any relevant information, including disposition information as defined in subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(c), if it is satisfied that there is not a substantial likelihood that the accused  — whether found to be a high-risk accused under paragraph 672.64(1)(a) or (b)  —  will use violence that could endanger the life or safety of another person, refer the finding for review to the superior court of criminal jurisdiction.

  • Marginal note:Review of conditions

    (2) If the Review Board is not so satisfied, it shall review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Review of finding by court

    (3) If the Review Board refers the finding to the superior court of criminal jurisdiction for review, the court shall, at the conclusion of a hearing, revoke the finding if the court is satisfied that there is not a substantial likelihood that the accused will use violence that could endanger the life or safety of another person, in which case the court or the Review Board shall make a disposition under any of paragraphs 672.54(a) to (c).

  • Marginal note:Hearing and disposition

    (4) Any disposition referred to in subsection (3) is subject to sections 672.45 to 672.47 as if the revocation is a verdict.

  • Marginal note:Review of conditions

    (5) If the court does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. The Review Board shall, as soon as practicable but not later than 45 days after the day on which the court decides not to revoke the finding, hold a hearing and review the conditions of detention imposed under paragraph 672.54(c), subject to the restrictions set out in subsection 672.64(3).

  • Marginal note:Appeal

    (6) A decision under subsection (1) about referring the finding to the court for review and a decision under subsection (3) about revoking the finding are deemed to be dispositions for the purpose of sections 672.72 to 672.78.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 30
  • 2014, c. 6, s. 16

Power to Compel Appearance

Marginal note:Bringing accused before Review Board

672.85  For the purpose of bringing the accused in respect of whom a hearing is to be held before the Review Board, including in circumstances in which the accused did not attend a previous hearing in contravention of a summons or warrant, the chairperson

  • (a) shall order the person having custody of the accused to bring the accused to the hearing at the time and place fixed for it; or

  • (b) may, if the accused is not in custody, issue a summons or warrant to compel the accused to appear at the hearing at the time and place fixed for it.

  • 1991, c. 43, s. 4
  • 2005, c. 22, ss. 32, 42(F)

Stay of Proceedings

Marginal note:Recommendation by Review Board

  • 672.851 (1) The Review Board may, of its own motion, make a recommendation to the court that has jurisdiction in respect of the offence charged against an accused found unfit to stand trial to hold an inquiry to determine whether a stay of proceedings should be ordered if

    • (a) the Review Board has held a hearing under section 672.81 or 672.82 in respect of the accused; and

    • (b) on the basis of any relevant information, including disposition information within the meaning of subsection 672.51(1) and an assessment report made under an assessment ordered under paragraph 672.121(a), the Review Board is of the opinion that

      • (i) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial, and

      • (ii) the accused does not pose a significant threat to the safety of the public.

  • Marginal note:Notice

    (2) If the Review Board makes a recommendation to the court to hold an inquiry, the Review Board shall provide notice to the accused, the prosecutor and any party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused.

  • Marginal note:Inquiry

    (3) As soon as practicable after receiving the recommendation referred to in subsection (1), the court may hold an inquiry to determine whether a stay of proceedings should be ordered.

  • Marginal note:Court may act on own motion

    (4) A court may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court is of the opinion, on the basis of any relevant information, that

    • (a) the accused remains unfit to stand trial and is not likely to ever become fit to stand trial; and

    • (b) the accused does not pose a significant threat to the safety of the public.

  • Marginal note:Assessment order

    (5) If the court holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused.

  • Marginal note:Application

    (6) Section 672.51 applies to an inquiry of the court under this section.

  • Marginal note:Stay

    (7) The court may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied

    • (a) on the basis of clear information, that the accused remains unfit to stand trial and is not likely to ever become fit to stand trial;

    • (b) that the accused does not pose a significant threat to the safety of the public; and

    • (c) that a stay is in the interests of the proper administration of justice.

  • Marginal note:Proper administration of justice

    (8) In order to determine whether a stay of proceedings is in the interests of the proper administration of justice, the court shall consider any submissions of the prosecutor, the accused and all other parties and the following factors:

    • (a) the nature and seriousness of the alleged offence;

    • (b) the salutary and deleterious effects of the order for a stay of proceedings, including any effect on public confidence in the administration of justice;

    • (c) the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 672.33 to decide whether sufficient evidence can be adduced to put the accused on trial; and

    • (d) any other factor that the court considers relevant.

  • Marginal note:Effect of stay

    (9) If a stay of proceedings is ordered by the court, any disposition made in respect of the accused ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused under section 672.83.

  • 2005, c. 22, s. 33

Marginal note:Appeal

  • 672.852 (1) The Court of Appeal may allow an appeal against an order made under subsection 672.851(7) for a stay of proceedings, if the Court of Appeal is of the opinion that the order is unreasonable or cannot be supported by the evidence.

  • Marginal note:Effect

    (2) If the Court of Appeal allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused is unfit to stand trial and the disposition made in respect of the accused.

  • 2005, c. 22, s. 33

Interprovincial Transfers

Marginal note:Interprovincial transfers

  • 672.86 (1) An accused who is detained in custody or directed to attend at a hospital pursuant to a disposition made by a court or Review Board under paragraph 672.54(c) or a court under section 672.58 may be transferred to any other place in Canada where

    • (a) the Review Board of the province where the accused is detained or directed to attend recommends a transfer for the purpose of the reintegration of the accused into society or the recovery, treatment or custody of the accused; and

    • (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.

  • Marginal note:Transfer where accused in custody

    (2) Where an accused who is detained in custody is to be transferred, an officer authorized by the Attorney General of the province where the accused is being detained shall sign a warrant specifying the place in Canada to which the accused is to be transferred.

  • Marginal note:Transfer if accused not in custody

    (2.1) An accused who is not detained in custody may be transferred to any other place in Canada where

    • (a) the Review Board of the province from which the accused is being transferred recommends a transfer for the purpose of the reintegration of the accused into society or the recovery or treatment of the accused; and

    • (b) the Attorney General of the province to which the accused is being transferred, or an officer authorized by that Attorney General, and the Attorney General of the province from which the accused is being transferred, or an officer authorized by that Attorney General, give their consent.

  • Marginal note:Order

    (3) Where an accused is being transferred in accordance with subsection (2.1), the Review Board of the province from which the accused is being transferred shall, by order,

    • (a) direct that the accused be taken into custody and transferred pursuant to a warrant under subsection (2); or

    • (b) direct that the accused attend at a specified place in Canada, subject to any conditions that the Review Board of the province to or from which the accused is being transferred considers appropriate.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 34

Marginal note:Delivery and detention of accused

672.87  A warrant described in subsection 672.86(2) is sufficient authority

  • (a) for any person who is responsible for the custody of an accused to have the accused taken into custody and conveyed to the person in charge of the place specified in the warrant; and

  • (b) for the person specified in the warrant to detain the accused in accordance with any disposition made in respect of the accused under paragraph 672.54(c).

  • 1991, c. 43, s. 4

Marginal note:Review Board of receiving province

  • 672.88 (1) The Review Board of the prov-ince to which an accused is transferred under section 672.86 has exclusive jurisdiction over the accused, and may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.84 as if that Review Board had made the disposition in respect of the accused.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorney General of the province to which an accused is transferred may enter into an agreement subject to this Act with the Attorney General of the province from which the accused is transferred, enabling the Review Board of that province to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, in the circumstances and subject to the terms and conditions set out in the agreement.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 17

Marginal note:Other interprovincial transfers

  • 672.89 (1) If an accused who is detained in custody under a disposition made by a Review Board is transferred to another province otherwise than under section 672.86, the Review Board of the province from which the accused is transferred has exclusive jurisdiction over the accused and may continue to exercise the powers and shall continue to perform the duties mentioned in sections 672.5 and 672.81 to 672.84.

  • Marginal note:Agreement

    (2) Notwithstanding subsection (1), the Attorneys General of the provinces to and from which the accused is to be transferred as described in that subsection may, after the transfer is made, enter into an agreement subject to this Act, enabling the Review Board of the province to which an accused is transferred to exercise the powers and perform the duties referred to in subsection (1) in respect of the accused, subject to the terms and conditions and in the circumstances set out in the agreement.

  • 1991, c. 43, s. 4
  • 2014, c. 6, s. 18

Enforcement of Orders and Regulations

Marginal note:Execution of warrant anywhere in Canada

672.9  Any warrant or process issued in relation to an assessment order or disposition made in respect of an accused may be executed or served in any place in Canada outside the province where the order or disposition was made as if it had been issued in that province.

  • 1991, c. 43, s. 4
  • 1997, c. 18, s. 91
  • 2005, c. 22, s. 35(F)

Marginal note:Arrest without warrant for contravention of disposition

672.91  A peace officer may arrest an accused without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the accused has contravened or wilfully failed to comply with the assessment order or disposition or any condition of it, or is about to do so.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Release or delivery of accused subject to paragraph 672.54(b) disposition order

  • 672.92 (1) If a peace officer arrests an accused under section 672.91 who is subject to a disposition made under paragraph 672.54(b) or an assessment order, the peace officer, as soon as practicable, may release the accused from custody and

    • (a) issue a summons or appearance notice compelling the accused's appearance before a justice; and

    • (b) deliver the accused to the place specified in the disposition or assessment order.

  • Marginal note:No release

    (2) A peace officer shall not release an accused under subsection (1) if the peace officer believes, on reasonable grounds,

    • (a) that it is necessary in the public interest that the accused be detained in custody having regard to all the circumstances, including the need to

      • (i) establish the identity of the accused,

      • (ii) establish the terms and conditions of a disposition made under section 672.54 or of an assessment order,

      • (iii) prevent the commission of an offence, or

      • (iv) prevent the accused from contravening or failing to comply with the disposition or assessment order;

    • (b) that the accused is subject to a disposition or an assessment order of a court, or Review Board, of another province; or

    • (c) that, if the accused is released from custody, the accused will fail to attend, as required, before a justice.

  • Marginal note:Accused to be brought before justice

    (3) If a peace officer does not release the accused, the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested, without unreasonable delay and in any event within twenty-four hours after the arrest.

  • Marginal note:Accused subject to paragraph 672.54(c) disposition order

    (4) If a peace officer arrests an accused under section 672.91 who is subject to a disposition under paragraph 672.54(c), the accused shall be taken before a justice having jurisdiction in the territorial division in which the accused is arrested without unreasonable delay and, in any event, within twenty-four hours.

  • Marginal note:Justice not available

    (5) If a justice described in subsection (3) or (4) is not available within twenty-four hours after the arrest, the accused shall be taken before a justice as soon as practicable.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Where justice to release accused

  • 672.93 (1) A justice shall release an accused who is brought before the justice under section 672.92 unless the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order.

  • Marginal note:Notice

    (1.1) If the justice releases the accused, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • Marginal note:Order of justice pending decision of Review Board

    (2) If the justice is satisfied that there are reasonable grounds to believe that the accused has contravened or failed to comply with a disposition or an assessment order, the justice, pending a hearing of a Review Board with respect to the disposition or a hearing of a court or Review Board with respect to the assessment order, may make an order that is appropriate in the circumstances in relation to the accused, including an order that the accused be returned to a place that is specified in the disposition or assessment order. If the justice makes an order under this subsection, notice shall be given to the court or Review Board, as the case may be, that made the disposition or assessment order.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Powers of Review Board

672.94  Where a Review Board receives a notice given under subsection 672.93(1.1) or (2), it may exercise the powers and shall perform the duties mentioned in sections 672.5 and 672.81 to 672.83 as if the Review Board were reviewing a disposition.

  • 1991, c. 43, s. 4
  • 2005, c. 22, s. 36

Marginal note:Regulations

672.95  The Governor in Council may make regulations

  • (a) prescribing anything that may be prescribed under this Part; and

  • (b) generally to carry out the purposes and provisions of this Part.

  • 1991, c. 43, s. 4

PART XXI Appeals — Indictable Offences

Interpretation

Marginal note:Definitions

673  In this Part,

court of appeal

court of appeal  means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; (cour d'appel)

indictment

indictment  includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d'accusation)

registrar

registrar  means the registrar or clerk of the court of appeal; (registraire)

sentence

sentence  includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

  • (e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

trial court

trial court  means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)

  • R.S., 1985, c. C-46, s. 673
  • R.S., 1985, c. 27 (1st Supp.), ss. 138, 203, c. 23 (4th Supp.), s. 4, c. 42 (4th Supp.), s. 4
  • 1992, c. 1, s. 58
  • 1993, c. 45, s. 10
  • 1995, c. 22, s. 5, c. 39, ss. 155, 190
  • 1996, c. 19, s. 74
  • 1999, c. 5, ss. 25, 51, c. 25, ss. 13, 31(Preamble)
  • 2002, c. 13, s. 63
  • 2005, c. 22, ss. 38, 45
  • 2006, c. 14, s. 6
  • 2013, c. 11, s. 2
  • 2018, c. 16, s. 220, c. 21, s. 21
  • 2019, c. 25, s. 278

Right of Appeal

Marginal note:Procedure abolished

674  No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

  • R.S., c. C-34, s. 602

Marginal note:Right of appeal of person convicted

  • 675 (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

    • (a) against his conviction

      • (i) on any ground of appeal that involves a question of law alone,

      • (ii) on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

      • (iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

    • (b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Appeal against absolute term in excess of 10 years

    (2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

  • Marginal note:Appeal against section 743.6 order

    (2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

  • Marginal note:Persons under eighteen

    (2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person's case.

  • Marginal note:Appeal against s. 745.51(1) order

    (2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

  • Marginal note:Appeals against verdicts based on mental disorder

    (3) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i), (ii) or (iii) and subject to the conditions described therein.

  • Marginal note:Where application for leave to appeal refused by judge

    (4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

  • R.S., 1985, c. C-46, s. 675
  • 1991, c. 43, s. 9
  • 1995, c. 42, s. 73
  • 1997, c. 18, s. 92
  • 1999, c. 31, s. 68
  • 2002, c. 13, s. 64
  • 2011, c. 5, s. 2

Marginal note:Right of Attorney General to appeal

  • 676 (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal

    • (a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone;

    • (b) against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment;

    • (c) against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or

    • (d) with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law.

  • Marginal note:Summary conviction appeals

    (1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if

    • (a) there has not been an appeal with respect to the summary conviction;

    • (b) the summary conviction offence was tried with an indictable offence; and

    • (c) there is an appeal in respect of the indictable offence.

  • Marginal note:Acquittal

    (2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.

  • Marginal note:Appeal against verdict of unfit to stand trial

    (3) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone.

  • Marginal note:Appeal against ineligible parole period

    (4) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction.

  • Marginal note:Appeal against decision not to make section 743.6 order

    (5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.

  • Marginal note:Appeal against decision not to make s. 745.51(1) order

    (6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

  • R.S., 1985, c. C-46, s. 676
  • R.S., 1985, c. 27 (1st Supp.), s. 139, c. 1 (4th Supp.), s. 18(F)
  • 1991, c. 43, s. 9
  • 1995, c. 22, s. 10, c. 42, s. 74
  • 1997, c. 18, s. 93
  • 2002, c. 13, s. 65
  • 2008, c. 18, s. 28
  • 2011, c. 5, s. 3

Marginal note:Appeal re costs

676.1  A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.

  • 1997, c. 18, s. 94

Marginal note:Specifying grounds of dissent

677  Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based.

  • R.S., 1985, c. C-46, s. 677
  • 1994, c. 44, s. 67

Procedure on Appeals

Marginal note:Notice of appeal

  • 678 (1) An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner and within such period as may be directed by rules of court.

  • Marginal note:Extension of time

    (2) The court of appeal or a judge thereof may at any time extend the time within which notice of appeal or notice of an application for leave to appeal may be given.

  • R.S., c. C-34, s. 607
  • 1972, c. 13, s. 53
  • 1974-75-76, c. 105, s. 16

Marginal note:Service where respondent cannot be found

678.1  Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal.

  • R.S., 1985, c. 27 (1st Supp.), s. 140
  • 1992, c. 1, s. 60(F)

Marginal note:Release pending determination of appeal

  • 679 (1) A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if,

    • (a) in the case of an appeal to the court of appeal against conviction, the appellant has given notice of appeal or, where leave is required, notice of his application for leave to appeal pursuant to section 678;

    • (b) in the case of an appeal to the court of appeal against sentence only, the appellant has been granted leave to appeal; or

    • (c) in the case of an appeal or an application for leave to appeal to the Supreme Court of Canada, the appellant has filed and served his notice of appeal or, where leave is required, his application for leave to appeal.

  • Marginal note:Notice of application for release

    (2) Where an appellant applies to a judge of the court of appeal to be released pending the determination of his appeal, he shall give written notice of the application to the prosecutor or to such other person as a judge of the court of appeal directs.

  • Marginal note:Circumstances in which appellant may be released

    (3) In the case of an appeal referred to in paragraph (1)(a) or (c), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that

    • (a) the appeal or application for leave to appeal is not frivolous;

    • (b) he will surrender himself into custody in accordance with the terms of the order; and

    • (c) his detention is not necessary in the public interest.

  • Marginal note:Idem

    (4) In the case of an appeal referred to in paragraph (1)(b), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal or until otherwise ordered by a judge of the court of appeal if the appellant establishes that

    • (a) the appeal has sufficient merit that, in the circumstances, it would cause unnecessary hardship if he were detained in custody;

    • (b) he will surrender himself into custody in accordance with the terms of the order; and

    • (c) his detention is not necessary in the public interest.

  • Marginal note:Conditions of release order

    (5) If the judge of the court of appeal does not refuse the appellant's application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.

  • Marginal note:Immediate release of appellant

    (5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.

  • Marginal note:Applicable provisions

    (6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • Marginal note:Release or detention pending hearing of reference

    (7) If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

  • Marginal note:Release or detention pending new trial or new hearing

    (7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 or 522, as the case may be, applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 or of a judge under section 522 are exercised by a judge of the court of appeal.

  • Marginal note:Application to appeals on summary conviction proceedings

    (8) This section applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings.

  • (9)[Repealed, 2019, c. 25, s. 279]

  • Marginal note:Directions for expediting appeal, new trial, etc.

    (10) A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant's appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be.

  • R.S., 1985, c. C-46, s. 679
  • R.S., 1985, c. 27 (1st Supp.), s. 141
  • 1997, c. 18, s. 95
  • 1999, c. 25, s. 14(Preamble)
  • 2002, c. 13, s. 66
  • 2019, c. 25, s. 279

Marginal note:Review by court of appeal

  • 680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

  • Marginal note:Single judge acting

    (2) On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court.

  • Marginal note:Enforcement of decision

    (3) A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made.

  • R.S., 1985, c. C-46, s. 680
  • R.S., 1985, c. 27 (1st Supp.), s. 142
  • 1994, c. 44, s. 68
  • 2018, c. 21, s. 22
  • 2019, c. 25, s. 280
  • 2019, c. 25, s. 402

681 [Repealed, 1991, c. 43, s. 9]

Marginal note:Report by judge

  • 682 (1) Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or a judge thereof, in accordance with rules of court, furnish it or him with a report on the case or on any matter relating to the case that is specified in the request.

  • Marginal note:Transcript of evidence

    (2) A copy or transcript of

    • (a) the evidence taken at the trial,

    • (b) any charge to the jury and any objections that were made to a charge to the jury,

    • (c) the reasons for judgment, if any, and

    • (d) the addresses of the prosecutor and the accused, if a ground for the appeal is based on either of the addresses,

    shall be furnished to the court of appeal, except in so far as it is dispensed with by order of a judge of that court.

  • (3)[Repealed, 1997, c. 18, s. 96]

  • Marginal note:Copies to interested parties

    (4) A party to an appeal is entitled to receive, on payment of any charges that are fixed by rules of court, a copy or transcript of any material that is prepared under subsections (1) and (2).

  • Marginal note:Copy for Minister of Justice

    (5) The Minister of Justice is entitled, on request, to receive a copy or transcript of any material that is prepared under subsections (1) and (2).

  • R.S., 1985, c. C-46, s. 682
  • R.S., 1985, c. 27 (1st Supp.), ss. 143, 203
  • 1997, c. 18, s. 96

Marginal note:Powers of court of appeal

  • 683 (1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice,

    • (a) order the production of any writing, exhibit or other thing connected with the proceedings;

    • (b) order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial,

      • (i) to attend and be examined before the court of appeal, or

      • (ii) to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose;

    • (c) admit, as evidence, an examination that is taken under subparagraph (b)(ii);

    • (d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness;

    • (e) order that any question arising on the appeal that

      • (i) involves prolonged examination of writings or accounts, or scientific or local investigation, and

      • (ii) cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal,

      be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal;

    • (f) act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and

    • (g) amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.

  • Marginal note:Parties entitled to adduce evidence and be heard

    (2) In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.

  • Marginal note:Remote appearance

    (2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.

  • Marginal note:Virtual presence of witnesses

    (2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

  • Marginal note:Application of sections 715.25 and 715.26

    (2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.

  • Marginal note:Other powers

    (3) A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.

  • Marginal note:Execution of process

    (4) Any process that is issued by the court of appeal under this section may be executed anywhere in Canada.

  • Marginal note:Power to order suspension

    (5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:

    • (a) an obligation to pay a fine;

    • (b) an order of forfeiture or disposition of forfeited property;

    • (c) an order to make restitution under section 738 or 739;

    • (d) an obligation to pay a victim surcharge under section 737;

    • (e) a probation order under section 731; and

    • (f) a conditional sentence order under section 742.1.

  • Marginal note:Release order or recognizance

    (5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.

  • Marginal note:Revocation of suspension order

    (6) The court of appeal may revoke any order it makes under subsection (5) where it considers the revocation to be in the interests of justice.

  • Marginal note:Release order to be taken into account

    (7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.

  • R.S., 1985, c. C-46, s. 683
  • R.S., 1985, c. 27 (1st Supp.), s. 144, c. 23 (4th Supp.), s. 5
  • 1995, c. 22, s. 10
  • 1997, c. 18, ss. 97, 141
  • 1999, c. 25, s. 15(Preamble)
  • 2002, c. 13, s. 67
  • 2008, c. 18, s. 29
  • 2019, c. 25, s. 281

Marginal note:Legal assistance for appellant

  • 684 (1) A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where, in the opinion of the court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

  • Marginal note:Counsel fees and disbursements

    (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.

  • Marginal note:Taxation of fees and disbursements

    (3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court of appeal and the registrar may tax the disputed fees and disbursements.

  • R.S., 1985, c. C-46, s. 684
  • R.S., 1985, c. 34 (3rd Supp.), s. 9

Marginal note:Summary determination of frivolous appeals

  • 685 (1) Where it appears to the registrar that a notice of appeal, which purports to be on a ground of appeal that involves a question of law alone, does not show a substantial ground of appeal, the registrar may refer the appeal to the court of appeal for summary determination, and, where an appeal is referred under this section, the court of appeal may, if it considers that the appeal is frivolous or vexatious and can be determined without being adjourned for a full hearing, dismiss the appeal summarily, without calling on any person to attend the hearing or to appear for the respondent on the hearing.

  • Marginal note:Summary determination of appeals filed in error

    (2) If it appears to the registrar that a notice of appeal should have been filed with another court, the registrar may refer the appeal to a judge of the court of appeal for summary determination, and the judge may dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the respondent on the hearing.

  • R.S., 1985, c. C-46, s. 685
  • 2008, c. 18, s. 30

Powers of the Court of Appeal

Marginal note:Powers

  • 686 (1) On the hearing of an appeal against a conviction or against a verdict that the appellant is unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal

    • (a) may allow the appeal where it is of the opinion that

      • (i) the verdict should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,

      • (ii) the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or

      • (iii) on any ground there was a miscarriage of justice;

    • (b) may dismiss the appeal where

      • (i) the court is of the opinion that the appellant, although he was not properly convicted on a count or part of the indictment, was properly convicted on another count or part of the indictment,

      • (ii) the appeal is not decided in favour of the appellant on any ground mentioned in paragraph (a),

      • (iii) notwithstanding that the court is of the opinion that on any ground mentioned in subparagraph (a)(ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of justice has occurred, or

      • (iv) notwithstanding any procedural irregularity at trial, the trial court had jurisdiction over the class of offence of which the appellant was convicted and the court of appeal is of the opinion that the appellant suffered no prejudice thereby;

    • (c) may refuse to allow the appeal where it is of the opinion that the trial court arrived at a wrong conclusion respecting the effect of a special verdict, may order the conclusion to be recorded that appears to the court to be required by the verdict and may pass a sentence that is warranted in law in substitution for the sentence passed by the trial court; or

    • (d) may set aside a conviction and find the appellant unfit to stand trial or not criminally responsible on account of mental disorder and may exercise any of the powers of the trial court conferred by or referred to in section 672.45 in any manner deemed appropriate to the court of appeal in the circumstances.

    • (e)[Repealed, 1991, c. 43, s. 9]

  • Marginal note:Order to be made

    (2) Where a court of appeal allows an appeal under paragraph (1)(a), it shall quash the conviction and

    • (a) direct a judgment or verdict of acquittal to be entered; or

    • (b) order a new trial.

  • Marginal note:Substituting verdict

    (3) Where a court of appeal dismisses an appeal under subparagraph (1)(b)(i), it may substitute the verdict that in its opinion should have been found and

    • (a) affirm the sentence passed by the trial court; or

    • (b) impose a sentence that is warranted in law or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.

  • Marginal note:Appeal from acquittal

    (4) If an appeal is from an acquittal or verdict that the appellant or respondent was unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal may

    • (a) dismiss the appeal; or

    • (b) allow the appeal, set aside the verdict and

      • (i) order a new trial, or

      • (ii) except where the verdict is that of a court composed of a judge and jury, enter a verdict of guilty with respect to the offence of which, in its opinion, the accused should have been found guilty but for the error in law, and pass a sentence that is warranted in law, or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.

  • Marginal note:New trial under Part XIX

    (5) Subject to subsection (5.01), if an appeal is taken in respect of proceedings under Part XIX and the court of appeal orders a new trial under this Part, the following provisions apply:

    • (a) if the accused, in his notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;

    • (b) if the accused, in his notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, be held before a judge or provincial court judge, as the case may be, acting under Part XIX, other than a judge or provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the judge or provincial court judge who tried the accused in the first instance;

    • (c) if the court of appeal orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and

    • (d) notwithstanding paragraph (a), if the conviction against which the accused appealed was for an offence mentioned in section 553 and was made by a provincial court judge, the new trial shall be held before a provincial court judge acting under Part XIX, other than the provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the provincial court judge who tried the accused in the first instance.

  • Marginal note:New trial under Part XIX — Nunavut

    (5.01) If an appeal is taken in respect of proceedings under Part XIX and the Court of Appeal of Nunavut orders a new trial under Part XXI, the following provisions apply:

    • (a) if the accused, in the notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;

    • (b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;

    • (c) if the Court of Appeal of Nunavut orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and

    • (d) despite paragraph (a), if the conviction against which the accused appealed was for an indictable offence mentioned in section 553, the new trial shall be held before a judge acting under Part XIX, other than the judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance.

  • Marginal note:Election if new trial a jury trial

    (5.1) Subject to subsection (5.2), if a new trial ordered by the court of appeal is to be held before a court composed of a judge and jury,

    • (a) the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge;

    • (b) the election shall be deemed to be a re-election within the meaning of subsection 561(5); and

    • (c) subsection 561(5) applies, with such modifications as the circumstances require, to the election.

  • Marginal note:Election if new trial a jury trial — Nunavut

    (5.2) If a new trial ordered by the Court of Appeal of Nunavut is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election shall be deemed to be a re-election within the meaning of subsection 561.1(1), and subsection 561.1(6) applies, with any modifications that the circumstances require, to the election.

  • Marginal note:Where appeal allowed against verdict of unfit to stand trial

    (6) Where a court of appeal allows an appeal against a verdict that the accused is unfit to stand trial, it shall, subject to subsection (7), order a new trial.

  • Marginal note:Appeal court may set aside verdict of unfit to stand trial

    (7) Where the verdict that the accused is unfit to stand trial was returned after the close of the case for the prosecution, the court of appeal may, notwithstanding that the verdict is proper, if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict and direct a judgment or verdict of acquittal to be entered.

  • Marginal note:Additional powers

    (8) Where a court of appeal exercises any of the powers conferred by subsection (2), (4), (6) or (7), it may make any order, in addition, that justice requires.

  • R.S., 1985, c. C-46, s. 686
  • R.S., 1985, c. 27 (1st Supp.), ss. 145, 203
  • 1991, c. 43, s. 9
  • 1997, c. 18, s. 98
  • 1999, c. 3, s. 52, c. 5, s. 26
  • 2015, c. 3, s. 54(F)
  • 2019, c. 25, s. 282(E)

Marginal note:Powers of court on appeal against sentence

  • 687 (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,

    • (a) vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or

    • (b) dismiss the appeal.

  • Marginal note:Effect of judgment

    (2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.

  • R.S., c. C-34, s. 614

Marginal note:Right of appellant to attend

  • 688 (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal.

  • Marginal note:Appellant represented by counsel

    (2) An appellant who is in custody and who is represented by counsel is not entitled to be present

    • (a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,

    • (b) on an application for leave to appeal, or

    • (c) on any proceedings that are preliminary or incidental to an appeal,

    unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present.

  • Marginal note:Manner of appearance

    (2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

    • (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and

    • (b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.

  • Marginal note:Argument may be oral or in writing

    (3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.

  • Marginal note:Sentence in absence of appellant

    (4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.

  • R.S., 1985, c. C-46, s. 688
  • 2002, c. 13, s. 68
  • 2019, c. 25, s. 283

Marginal note:Restitution or forfeiture of property

  • 689 (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended

    • (a) until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and

    • (b) until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made.

  • Marginal note:Annulling or varying order

    (2) The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed.

  • R.S., 1985, c. C-46, s. 689
  • R.S., 1985, c. 42 (4th Supp.), s. 5
  • 1995, c. 22, s. 10
  • 2002, c. 13, s. 69
  • 2005, c. 44, s. 12

690 [Repealed, 2002, c. 13, s. 70]

Appeals to the Supreme Court of Canada

Marginal note:Appeal from conviction

  • 691 (1) A person who is convicted of an indictable offence and whose conviction is affirmed by the court of appeal may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • Marginal note:Appeal where acquittal set aside

    (2) A person who is acquitted of an indictable offence other than by reason of a verdict of not criminally responsible on account of mental disorder and whose acquittal is set aside by the court of appeal may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents;

    • (b) on any question of law, if the Court of Appeal enters a verdict of guilty against the person; or

    • (c) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • R.S., 1985, c. C-46, s. 691
  • R.S., 1985, c. 34 (3rd Supp.), s. 10
  • 1991, c. 43, s. 9
  • 1997, c. 18, s. 99

Marginal note:Appeal against affirmation of verdict of not criminally responsible on account of mental disorder

  • 692 (1) A person who has been found not criminally responsible on account of mental disorder and

    • (a) whose verdict is affirmed on that ground by the court of appeal, or

    • (b) against whom a verdict of guilty is entered by the court of appeal under subparagraph 686(4)(b)(ii),

    may appeal to the Supreme Court of Canada.

  • Marginal note:Appeal against affirmation of verdict of unfit to stand trial

    (2) A person who is found unfit to stand trial and against whom that verdict is affirmed by the court of appeal may appeal to the Supreme Court of Canada.

  • Marginal note:Grounds of appeal

    (3) An appeal under subsection (1) or (2) may be

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • R.S., 1985, c. C-46, s. 692
  • R.S., 1985, c. 34 (3rd Supp.), s. 11
  • 1991, c. 43, s. 9

Marginal note:Appeal by Attorney General

  • 693 (1) Where a judgment of a court of appeal sets aside a conviction pursuant to an appeal taken under section 675 or dismisses an appeal taken pursuant to paragraph 676(1)(a), (b) or (c) or subsection 676(3), the Attorney General may appeal to the Supreme Court of Canada

    • (a) on any question of law on which a judge of the court of appeal dissents; or

    • (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada.

  • Marginal note:Terms

    (2) Where leave to appeal is granted under paragraph (1)(b), the Supreme Court of Canada may impose such terms as it sees fit.

  • R.S., 1985, c. C-46, s. 693
  • R.S., 1985, c. 27 (1st Supp.), s. 146, c. 34 (3rd Supp.), s. 12

Marginal note:Notice of appeal

694  No appeal lies to the Supreme Court of Canada unless notice of appeal in writing is served by the appellant on the respondent in accordance with the Supreme Court Act.

  • R.S., 1985, c. C-46, s. 694
  • R.S., 1985, c. 34 (3rd Supp.), s. 13

Marginal note:Legal assistance for accused

  • 694.1 (1) The Supreme Court of Canada or a judge thereof may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal to the Court or to proceedings preliminary or incidental to an appeal to the Court where, in the opinion of the Court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

  • Marginal note:Counsel fees and disbursements

    (2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.

  • Marginal note:Taxation of fees and disbursements

    (3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the Registrar of the Supreme Court of Canada, and the Registrar may tax the disputed fees and disbursements.

  • R.S., 1985, c. 34 (3rd Supp.), s. 13
  • 1992, c. 1, s. 60(F)

Marginal note:Right of appellant to attend

  • 694.2 (1) Subject to subsection (2), an appellant who is in custody and who desires to be present at the hearing of the appeal before the Supreme Court of Canada is entitled to be present at it.

  • Marginal note:Appellant represented by counsel

    (2) An appellant who is in custody and who is represented by counsel is not entitled to be present before the Supreme Court of Canada

    • (a) on an application for leave to appeal,

    • (b) on any proceedings that are preliminary or incidental to an appeal, or

    • (c) at the hearing of the appeal,

    unless rules of court provide that entitlement or the Supreme Court of Canada or a judge thereof gives the appellant leave to be present.

  • R.S., 1985, c. 34 (3rd Supp.), s. 13

Marginal note:Order of Supreme Court of Canada

  • 695 (1) The Supreme Court of Canada may, on an appeal under this Part, make any order that the court of appeal might have made and may make any rule or order that is necessary to give effect to its judgment.

  • Marginal note:Election if new trial

    (2) Subject to subsection (3), if a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge. The election is deemed to be a re-election within the meaning of subsection 561(5) and subsections 561(5) to (7) apply to it with any modifications that the circumstances require.

  • Marginal note:Nunavut

    (3) If a new trial ordered by the Supreme Court of Canada is to be held before a court composed of a judge and jury in Nunavut, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election is deemed to be a re-election within the meaning of subsection 561.1(6) and subsections 561.1(6) to (9) apply to it with any modifications that the circumstances require.

  • R.S., 1985, c. C-46, s. 695
  • 1999, c. 5, s. 27
  • 2008, c. 18, s. 31

Appeals by Attorney General of Canada

Marginal note:Right of Attorney General of Canada to appeal

696  The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

  • R.S., c. C-34, s. 624

PART XXI.1 Applications for Ministerial Review — Miscarriages of Justice

Marginal note:Application

  • 696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted.

  • Marginal note:Form of application

    (2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations.

  • 2002, c. 13, s. 71

Marginal note:Review of applications

  • 696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations.

  • Marginal note:Powers of investigation

    (2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Delegation

    (3) Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2).

  • 2002, c. 13, s. 71

Marginal note:Definition of court of appeal

  • 696.3 (1) In this section, the court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province in which the person to whom an application under this Part relates was tried.

  • Marginal note:Power to refer

    (2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.

  • Marginal note:Powers of Minister of Justice

    (3) On an application under this Part, the Minister of Justice may

    • (a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred,

      • (i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or

      • (ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or

    • (b) dismiss the application.

  • Marginal note:No appeal

    (4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal.

  • 2002, c. 13, s. 71

Marginal note:Considerations

696.4  In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including

  • (a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV;

  • (b) the relevance and reliability of information that is presented in connection with the application; and

  • (c) the fact that an application under this Part is not intended to serve as a further appeal and any remedy available on such an application is an extraordinary remedy.

  • 2002, c. 13, s. 71

Marginal note:Annual report

696.5  The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part.

  • 2002, c. 13, s. 71

Marginal note:Regulations

696.6  The Governor in Council may make regulations

  • (a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part;

  • (b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and

  • (c) respecting the form and content of the annual report under section 696.5.

  • 2002, c. 13, s. 71

PART XXII Procuring Attendance

Application

Marginal note:Application

697  Except where section 527 applies, this Part applies where a person is required to attend to give evidence in a proceeding to which this Act applies.

  • R.S., c. C-34, s. 625

Process

Marginal note:Subpoena

  • 698 (1) Where a person is likely to give material evidence in a proceeding to which this Act applies, a subpoena may be issued in accordance with this Part requiring that person to attend to give evidence.

  • Marginal note:Warrant in Form 17

    (2) Where it is made to appear that a person who is likely to give material evidence

    • (a) will not attend in response to a subpoena if a subpoena is issued, or

    • (b) is evading service of a subpoena,

    a court, justice or provincial court judge having power to issue a subpoena to require the attendance of that person to give evidence may issue a warrant in Form 17 to cause that person to be arrested and to be brought to give evidence.

  • Marginal note:Subpoena issued first

    (3) Except where paragraph (2)(a) applies, a warrant in Form 17 shall not be issued unless a subpoena has first been issued.

  • R.S., 1985, c. C-46, s. 698
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Who may issue

  • 699 (1) If a person is required to attend to give evidence before a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX, a subpoena directed to that person shall be issued out of the court before which the attendance of that person is required.

  • Marginal note:Order of judge

    (2) If a person is required to attend to give evidence before a provincial court judge acting under Part XIX or a summary conviction court under Part XXVII or in proceedings over which a justice has jurisdiction, a subpoena directed to the person shall be issued

    • (a) by a provincial court judge or a justice, where the person whose attendance is required is within the province in which the proceedings were instituted; or

    • (b) by a provincial court judge or out of a superior court of criminal jurisdiction of the province in which the proceedings were instituted, where the person whose attendance is required is not within the province.

  • Marginal note:Order of judge

    (3) A subpoena shall not be issued out of a superior court of criminal jurisdiction pursuant to paragraph (2)(b), except pursuant to an order of a judge of the court made on application by a party to the proceedings.

  • Marginal note:Seal

    (4) A subpoena or warrant that is issued by a court under this Part shall be under the seal of the court and shall be signed by a judge of the court or by the clerk of the court.

  • Marginal note:Signature

    (5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.

  • Marginal note:Sexual offences

    (5.1) Despite anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.1 to 278.91, must be issued by a judge and signed by the judge or the clerk of the court.

  • Marginal note:Form of subpoena

    (6) Subject to subsection (7), a subpoena issued under this Part may be in Form 16.

  • Marginal note:Form of subpoena in sexual offences

    (7) In the case of an offence referred to in subsection 278.2(1), a subpoena requiring a witness to bring anything to the court shall be in Form 16.1.

  • R.S., 1985, c. C-46, s. 699
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1994, c. 44, s. 69
  • 1997, c. 30, s. 2
  • 1999, c. 5, s. 28
  • 2019, c. 25, s. 284

Marginal note:Contents of subpoena

  • 700 (1) A subpoena shall require the person to whom it is directed to attend, at a time and place to be stated in the subpoena, to give evidence and, if required, to bring with him anything that he has in his possession or under his control relating to the subject-matter of the proceedings.

  • Marginal note:Witness to appear and remain

    (2) A person who is served with a subpoena issued under this Part shall attend and shall remain in attendance throughout the proceedings unless he is excused by the presiding judge, justice or provincial court judge.

  • R.S., 1985, c. C-46, s. 700
  • R.S., 1985, c. 27 (1st Supp.), ss. 148, 203

Marginal note:Video links

  • 700.1 (1) If a person is to give evidence under section 714.1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place.

  • Marginal note:Sections of Criminal Code

    (2) Sections 699, 700 and 701 to 703.2 apply, with any modifications that the circumstances require, to a subpoena issued under this section.

  • 1999, c. 18, s. 94
  • 2019, c. 25, s. 285

Execution or Service of Process

Marginal note:Service

  • 701 (1) Subject to subsection (2), a subpoena shall be served in a province by a peace officer or any other person who is qualified in that province to serve civil process, in accordance with subsection 509(2), with such modifications as the circumstances require.

  • Marginal note:Personal service

    (2) A subpoena that is issued pursuant to paragraph 699(2)(b) shall be served personally on the person to whom it is directed.

  • (3)[Repealed, 2008, c. 18, s. 32]

  • R.S., 1985, c. C-46, s. 701
  • 1994, c. 44, s. 70
  • 2008, c. 18, s. 32

Marginal note:Service in accordance with provincial laws

701.1  Despite section 701, in any province, service of a document may be made in accordance with the laws of the province relating to offences created by the laws of that province.

  • 1997, c. 18, s. 100
  • 2008, c. 18, s. 33

Marginal note:Subpoena effective throughout Canada

  • 702 (1) A subpoena that is issued by a provincial court judge or out of a superior court of criminal jurisdiction, a court of appeal, an appeal court or a court of criminal jurisdiction has effect anywhere in Canada according to its terms.

  • Marginal note:Subpoena effective throughout province

    (2) A subpoena that is issued by a justice has effect anywhere in the province in which it is issued.

  • R.S., 1985, c. C-46, s. 702
  • 1994, c. 44, s. 71

Marginal note:Warrant effective throughout Canada

  • 703 (1) Notwithstanding any other provision of this Act, a warrant of arrest or committal that is issued out of a superior court of criminal jurisdiction, a court of appeal, an appeal court within the meaning of section 812 or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX may be executed anywhere in Canada.

  • Marginal note:Warrant effective in a province

    (2) Despite any other provision of this Act but subject to subsections 487.0551(2) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.

  • R.S., 1985, c. C-46, s. 703
  • R.S., 1985, c. 27 (1st Supp.), s. 149
  • 2007, c. 22, s. 22

Marginal note:Summons effective throughout Canada

703.1  A summons may be served anywhere in Canada and, if served, is effective notwithstanding the territorial jurisdiction of the authority that issued the summons.

  • R.S., 1985, c. 27 (1st Supp.), s. 149

Marginal note:Service of process on an organization

703.2  Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery

  • (a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and

  • (b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches.

  • R.S., 1985, c. 27 (1st Supp.), s. 149
  • 2003, c. 21, s. 13

Defaulting or Absconding Witness

Marginal note:Warrant for absconding witness

  • 704 (1) Where a person is bound by recognizance to give evidence in any proceedings, a justice who is satisfied on information being made before him in writing and under oath that the person is about to abscond or has absconded may issue his warrant in Form 18 directing a peace officer to arrest that person and to bring him before the court, judge, justice or provincial court judge before whom he is bound to appear.

  • Marginal note:Endorsement of warrant

    (2) Section 528 applies, with such modifications as the circumstances require, to a warrant issued under this section.

  • Marginal note:Copy of information

    (3) A person who is arrested under this section is entitled, on request, to receive a copy of the information on which the warrant for his arrest was issued.

  • R.S., 1985, c. C-46, s. 704
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Warrant if witness does not attend

  • 705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established

    • (a) that the subpoena has been served in accordance with this Part, and

    • (b) that the person is likely to give material evidence.

  • Marginal note:Warrant if witness bound by recognizance

    (2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.

  • Marginal note:Warrant effective throughout Canada

    (3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.

  • R.S., 1985, c. C-46, s. 705
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 286

Marginal note:If witness arrested under warrant

706  If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or be released on recognizance, with or without sureties.

  • R.S., 1985, c. C-46, s. 706
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 287

Marginal note:Maximum period for detention of witness

  • 707 (1) No person shall be detained in custody under the authority of any provision of this Act, for the purpose only of appearing and giving evidence when required as a witness, for any period exceeding thirty days unless prior to the expiration of those thirty days he has been brought before a judge of a superior court of criminal jurisdiction in the province in which he is being detained.

  • Marginal note:Application by witness to judge

    (2) Where at any time prior to the expiration of the thirty days referred to in subsection (1), a witness being detained in custody as described in that subsection applies to be brought before a judge of a court described therein, the judge before whom the application is brought shall fix a time prior to the expiration of those thirty days for the hearing of the application and shall cause notice of the time so fixed to be given to the witness, the person having custody of the witness and such other persons as the judge may specify, and at the time so fixed for the hearing of the application the person having custody of the witness shall cause the witness to be brought before a judge of the court for that purpose.

  • Marginal note:Review of detention

    (3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or to be released on recognizance, with or without sureties, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.

  • R.S., 1985, c. C-46, s. 707
  • 2019, c. 25, s. 288

Marginal note:Contempt

  • 708 (1) A person who, being required by law to attend or remain in attendance for the purpose of giving evidence, fails, without lawful excuse, to attend or remain in attendance accordingly is guilty of contempt of court.

  • Marginal note:Punishment

    (2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.

  • Marginal note:Form

    (3) A conviction under this section may be in Form 38 and a warrant of committal in respect of a conviction under this section may be in Form 25.

  • R.S., 1985, c. C-46, s. 708
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 289(F)

Electronically Transmitted Copies

Marginal note:Electronically transmitted copies

708.1  A copy of a summons, warrant or subpoena transmitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Act.

  • 1997, c. 18, s. 101

Evidence on Commission

Marginal note:Order appointing commissioner

  • 709 (1) A party to proceedings by way of indictment or summary conviction may apply for an order appointing a commissioner to take the evidence of a witness who

    • (a) is, by reason of

      • (i) physical disability arising out of illness, or

      • (ii) any other good and sufficient cause,

      not likely to be able to attend at the time the trial is held; or

    • (b) is out of Canada.

  • Marginal note:Idem

    (2) A decision under subsection (1) is deemed to have been made at the trial held in relation to the proceedings mentioned in that subsection.

  • R.S., 1985, c. C-46, s. 709
  • R.S., 1985, c. 27 (1st Supp.), s. 150
  • 1994, c. 44, s. 72

Marginal note:Application where witness is ill

  • 710 (1) An application under paragraph 709(1)(a) shall be made

    • (a) to a judge of a superior court of the province in which the proceedings are taken;

    • (b) to a judge of a county or district court in the territorial division in which the proceedings are taken; or

    • (c) to a provincial court judge, where

      • (i) at the time the application is made, the accused is before a provincial court judge presiding over a preliminary inquiry under Part XVIII, or

      • (ii) the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.

  • Marginal note:Evidence of medical practitioner

    (2) An application under subparagraph 709(1)(a)(i) may be granted on the evidence of a registered medical practitioner.

  • R.S., 1985, c. C-46, s. 710
  • R.S., 1985, c. 27 (1st Supp.), s. 151
  • 1994, c. 44, s. 73

Marginal note:Admitting evidence of witness who is ill

711  Where the evidence of a witness mentioned in paragraph 709(1)(a) is taken by a commissioner appointed under section 710, it may be admitted in evidence in the proceedings if

  • (a) it is proved by oral evidence or by affidavit that the witness is unable to attend by reason of death or physical disability arising out of illness or some other good and sufficient cause;

  • (b) the transcript of the evidence is signed by the commissioner by or before whom it purports to have been taken; and

  • (c) it is proved to the satisfaction of the court that reasonable notice of the time for taking the evidence was given to the other party, and that the accused or his counsel, or the prosecutor or his counsel, as the case may be, had or might have had full opportunity to cross-examine the witness.

  • R.S., 1985, c. C-46, s. 711
  • R.S., 1985, c. 27 (1st Supp.), s. 152
  • 1994, c. 44, s. 74
  • 1997, c. 18, s. 102

Marginal note:Application for order when witness out of Canada

  • 712 (1) An application that is made under paragraph 709(1)(b) shall be made

    • (a) to a judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction before which the accused is to be tried; or

    • (b) to a provincial court judge, where the accused or defendant is to be tried by a provincial court judge acting under Part XIX or XXVII.

  • Marginal note:Admitting evidence of witness out of Canada

    (2) Where the evidence of a witness is taken by a commissioner appointed under this section, it may be admitted in evidence in the proceedings.

  • (3)[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 153]

  • R.S., 1985, c. C-46, s. 712
  • R.S., 1985, c. 27 (1st Supp.), s. 153
  • 1994, c. 44, s. 75
  • 1997, c. 18, s. 103

Marginal note:Providing for presence of accused counsel

  • 713 (1) A judge or provincial court judge who appoints a commissioner may make provision in the order to enable an accused to be present or represented by counsel when the evidence is taken, but failure of the accused to be present or to be represented by counsel in accordance with the order does not prevent the admission of the evidence in the proceedings if the evidence has otherwise been taken in accordance with the order and with this Part.

  • Marginal note:Return of evidence

    (2) An order for the taking of evidence by commission shall indicate the officer of the court to whom the evidence that is taken under the order shall be returned.

  • R.S., 1985, c. C-46, s. 713
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1997, c. 18, s. 104

Marginal note:Evidence not excluded

713.1  Evidence taken by a commissioner appointed under section 712 shall not be excluded by reason only that it would have been taken differently in Canada, provided that the process used to take the evidence is consistent with the law of the country where it was taken and that the process used to take the evidence was not contrary to the principles of fundamental justice.

  • 1994, c. 44, s. 76

Marginal note:Rules and practice same as in civil cases

714  Except where otherwise provided by this Part or by rules of court, the practice and procedure in connection with the appointment of commissioners under this Part, the taking of evidence by commissioners, the certifying and return thereof and the use of the evidence in the proceedings shall, as far as possible, be the same as those that govern like matters in civil proceedings in the superior court of the province in which the proceedings are taken.

  • R.S., c. C-34, s. 642

Video and Audio Evidence

Marginal note:Audioconference and videoconference — witness in Canada

714.1  A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

  • (a) the location and personal circumstances of the witness;

  • (b) the costs that would be incurred if the witness were to appear personally;

  • (c) the nature of the witness' anticipated evidence;

  • (d) the suitability of the location from where the witness will give evidence;

  • (e) the accused's right to a fair and public hearing;

  • (f) the nature and seriousness of the offence; and

  • (g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Videoconference — witness outside Canada

  • 714.2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.

  • Marginal note:Notice

    (2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Audioconference — witness outside Canada

714.3  The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.1(a) to (g).

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Reasons

714.4  If the court does not make an order under section 714.1 or does not receive evidence under section 714.2 or 714.3, it shall include in the record a statement of the reasons for not doing so.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Cessation

714.41  The court may, at any time, cease the use of the technological means referred to in section 714.1, 714.2 or 714.3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.

  • 2019, c. 25, s. 290

Marginal note:Oath or affirmation

714.5  The evidence referred to in section 714.2 or 714.3, that is given by a witness who is outside of Canada, shall be given

  • (a) under oath or affirmation in accordance with Canadian law;

  • (b) under oath or affirmation in accordance with the law in the place where the witness is physically present; or

  • (c) in any other manner that demonstrates that the witness understands that they must tell the truth.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Other laws about witnesses to apply

714.6  When a witness who is outside Canada gives evidence under section 714.2 or 714.3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Costs of technology

714.7  Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.1, 714.2 or 714.3 shall pay any costs associated with the use of the technology.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Marginal note:Consent

714.8  Nothing in sections 714.1 to 714.7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.

  • 1999, c. 18, s. 95
  • 2019, c. 25, s. 290

Evidence Previously Taken

Marginal note:Evidence at preliminary inquiry may be read at trial in certain cases

  • 715 (1) Where, at the trial of an accused, a person whose evidence was given at a previous trial on the same charge, or whose evidence was taken in the investigation of the charge against the accused or on the preliminary inquiry into the charge, refuses to be sworn or to give evidence, or if facts are proved on oath from which it can be inferred reasonably that the person

    • (a) is dead,

    • (b) has since become and is insane,

    • (c) is so ill that he is unable to travel or testify, or

    • (d) is absent from Canada,

    and where it is proved that the evidence was taken in the presence of the accused, it may be admitted as evidence in the proceedings without further proof, unless the accused proves that the accused did not have full opportunity to cross-examine the witness.

  • Marginal note:Admission of evidence

    (2) Evidence that has been taken on the preliminary inquiry or other investigation of a charge against an accused may be admitted as evidence in the prosecution of the accused for any other offence on the same proof and in the same manner in all respects, as it might, according to law, be admitted as evidence in the prosecution of the offence with which the accused was charged when the evidence was taken.

  • Marginal note:Admission of evidence

    (2.1) Despite subsections (1) and (2), evidence that has been taken at a preliminary inquiry in the absence of the accused may be admitted as evidence for the purposes referred to in those subsections if the accused was absent further to the permission of a justice granted under paragraph 537(1)(j.1).

  • Marginal note:Absconding accused deemed present

    (3) For the purposes of this section, where evidence was taken at a previous trial or preliminary hearing or other proceeding in respect of an accused in the absence of the accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

  • Marginal note:Exception

    (4) Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7).

  • R.S., 1985, c. C-46, s. 715
  • 1994, c. 44, s. 77
  • 1997, c. 18, s. 105
  • 2002, c. 13, s. 72
  • 2008, c. 18, s. 34

Marginal note:Transcript of evidence

  • 715.01 (1) Despite section 715, the transcript of testimony given by a police officer , as defined in section 183, in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused's trial may be received in evidence at that trial.

  • Marginal note:Notice of intention to produce evidence

    (2) No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.

  • Marginal note:Attendance of police officer

    (3) The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.

  • Marginal note:Admission of evidence

    (4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused's absence was authorized by a justice under paragraph 537(1)(j.1).

  • Marginal note:Absconding accused deemed present

    (5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.

  • Marginal note:Exception

    (6) This section does not apply to any evidence received under subsection 540(7).

  • 2019, c. 25, s. 291

Video-recorded Evidence

Marginal note:Evidence of victim or witness under 18

  • 715.1 (1) In any proceeding against an accused in which a victim or other witness was under the age of eighteen years at the time the offence is alleged to have been committed, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • R.S., 1985, c. 19 (3rd Supp.), s. 16
  • 1997, c. 16, s. 7
  • 2005, c. 32, s. 23

Marginal note:Evidence of victim or witness who has a disability

  • 715.2 (1) In any proceeding against an accused in which a victim or other witness is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, a video recording made within a reasonable time after the alleged offence, in which the victim or witness describes the acts complained of, is admissible in evidence if the victim or witness, while testifying, adopts the contents of the video recording, unless the presiding judge or justice is of the opinion that admission of the video recording in evidence would interfere with the proper administration of justice.

  • Marginal note:Order prohibiting use

    (2) The presiding judge or justice may prohibit any other use of a video recording referred to in subsection (1).

  • 1998, c. 9, s. 8
  • 2005, c. 32, s. 23

PART XXII.01 Remote Attendance by Certain Persons

Principles

Marginal note:Attendance

715.21  Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.

  • 2019, c. 25, s. 292

Marginal note:Provisions providing for audioconference or videoconference

715.22  The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.

  • 2019, c. 25, s. 292

Accused

Marginal note:Appearance by audioconference or videoconference

  • 715.23 (1) Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

    • (a) the location and personal circumstances of the accused;

    • (b) the costs that would be incurred if the accused were to appear personally;

    • (c) the suitability of the location from where the accused will appear;

    • (d) the accused's right to a fair and public hearing; and

    • (e) the nature and seriousness of the offence.

  • Marginal note:Reasons

    (2) If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.

  • Marginal note:Cessation

    (3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.

  • 2019, c. 25, s. 292

Marginal note:Accused in prison

715.24  Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

  • 2019, c. 25, s. 292

Participants

Marginal note:Definition of participant

  • 715.25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.

  • Marginal note:Participation by audioconference or videoconference

    (2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

    • (a) the location and personal circumstances of the participant;

    • (b) the costs that would be incurred if the participant were to participate personally;

    • (c) the nature of the participation;

    • (d) the suitability of the location from where the participant will participate;

    • (e) the accused's right to a fair and public hearing; and

    • (f) the nature and seriousness of the offence.

  • Marginal note:Reasons

    (3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.

  • Marginal note:Cessation

    (4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.

  • Marginal note:Costs

    (5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.

  • 2019, c. 25, s. 292

Judge or Justice

Marginal note:Presiding by audioconference or videoconference

  • 715.26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including

    • (a) the accused's right to a fair and public hearing;

    • (b) the nature of the witness' anticipated evidence;

    • (c) the nature and seriousness of the offence; and

    • (d) the suitability of the location from where the judge or justice will preside.

  • Marginal note:Reasons

    (2) The judge or justice shall include in the record a statement of the judge or justice's reasons for the decision to preside at the proceeding by audioconference or videoconference.

  • Marginal note:Cessation

    (3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.

  • 2019, c. 25, s. 292

PART XXII.1 Remediation Agreements

Marginal note:Definitions

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

    court

    court  means a superior court of criminal jurisdiction but does not include a court of appeal. (tribunal)

    offence

    offence  means any offence listed in the schedule to this Part. (infraction)

    organization

    organization  has the same meaning as in section 2 but does not include a public body, trade union or municipality. (organisation)

    remediation agreement

    remediation agreement  means an agreement, between an organization accused of having committed an offence and a prosecutor, to stay any proceedings related to that offence if the organization complies with the terms of the agreement. (accord de réparation)

    victim

    victim  has the same meaning as in section 2 but, with respect to an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, it includes any person outside Canada. (victime)

  • Marginal note:Acting on victim's behalf

    (2) For the purposes of this Part, a third party not referred to in section 2.2 may also act on a victim's behalf when authorized to do so by the court, if the victim requests it or the prosecutor deems it appropriate.

  • 2018, c. 12, s. 404

Marginal note:Purpose

715.31  The purpose of this Part is to establish a remediation agreement regime that is applicable to organizations alleged to have committed an offence and that has the following objectives:

  • (a) to denounce an organization's wrongdoing and the harm that the wrongdoing has caused to victims or to the community;

  • (b) to hold the organization accountable for its wrongdoing through effective, proportionate and dissuasive penalties;

  • (c) to contribute to respect for the law by imposing an obligation on the organization to put in place corrective measures and promote a compliance culture;

  • (d) to encourage voluntary disclosure of the wrongdoing;

  • (e) to provide reparations for harm done to victims or to the community; and

  • (f) to reduce the negative consequences of the wrongdoing for persons — employees, customers, pensioners and others — who did not engage in the wrongdoing, while holding responsible those individuals who did engage in that wrongdoing.

  • 2018, c. 12, s. 404

Marginal note:Conditions for remediation agreement

  • 715.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met:

    • (a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence;

    • (b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group;

    • (c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and

    • (d) the Attorney General has consented to the negotiation of the agreement.

  • Marginal note:Factors to consider

    (2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors:

    • (a) the circumstances in which the act or omission that forms the basis of the offence was brought to the attention of investigative authorities;

    • (b) the nature and gravity of the act or omission and its impact on any victim;

    • (c) the degree of involvement of senior officers of the organization in the act or omission;

    • (d) whether the organization has taken disciplinary action, including termination of employment, against any person who was involved in the act or omission;

    • (e) whether the organization has made reparations or taken other measures to remedy the harm caused by the act or omission and to prevent the commission of similar acts or omissions;

    • (f) whether the organization has identified or expressed a willingness to identify any person involved in wrongdoing related to the act or omission;

    • (g) whether the organization — or any of its representatives — was convicted of an offence or sanctioned by a regulatory body, or whether it entered into a previous remediation agreement or other settlement, in Canada or elsewhere, for similar acts or omissions;

    • (h) whether the organization — or any of its representatives — is alleged to have committed any other offences, including those not listed in the schedule to this Part; and

    • (i) any other factor that the prosecutor considers relevant.

  • Marginal note:Factors not to consider

    (3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved.

  • 2018, c. 12, s. 404

Marginal note:Notice to organization — invitation to negotiate

  • 715.33 (1) If the prosecutor wishes to negotiate a remediation agreement, they must give the organization written notice of the offer to enter into negotiations and the notice must include

    • (a) a summary description of the offence to which the agreement would apply;

    • (b) an indication of the voluntary nature of the negotiation process;

    • (c) an indication of the legal effects of the agreement;

    • (d) an indication that, by agreeing to the terms of this notice, the organization explicitly waives the inclusion of the negotiation period and the period during which the agreement is in force in any assessment of the reasonableness of the delay between the day on which the charge is laid and the end of trial;

    • (e) an indication that negotiations must be carried out in good faith and that the organization must provide all information requested by the prosecutor that the organization is aware of or can obtain through reasonable efforts, including information enabling the identification of any person involved in the act or omission that forms the basis of the offence or any wrongdoing related to that act or omission;

    • (f) an indication of how the information disclosed by the organization during the negotiations may be used, subject to subsection (2);

    • (g) a warning that knowingly making false or misleading statements or knowingly providing false or misleading information during the negotiations may lead to the recommencement of proceedings or prosecution for obstruction of justice;

    • (h) an indication that either party may withdraw from the negotiations by providing written notice to the other party;

    • (i) an indication that reasonable efforts must be made by both parties to identify any victim as soon as practicable; and

    • (j) a deadline to accept the offer to negotiate according to the terms of the notice.

  • Marginal note:Admissions not admissible in evidence

    (2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization during the negotiations is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts or admission of responsibility referred to in paragraphs 715.34(1)(a) and (b), if the parties reach an agreement and it is approved by the court.

  • 2018, c. 12, s. 404

Marginal note:Mandatory contents of agreement

  • 715.34 (1) A remediation agreement must include

    • (a) a statement of facts related to the offence that the organization is alleged to have committed and an undertaking by the organization not to make or condone any public statement that contradicts those facts;

    • (b) the organization's admission of responsibility for the act or omission that forms the basis of the offence;

    • (c) an indication of the obligation for the organization to provide any other information that will assist in identifying any person involved in the act or omission, or any wrongdoing related to that act or omission, that the organization becomes aware of, or can obtain through reasonable efforts, after the agreement has been entered into;

    • (d) an indication of the obligation for the organization to cooperate in any investigation, prosecution or other proceeding in Canada — or elsewhere if the prosecutor considers it appropriate — resulting from the act or omission, including by providing information or testimony;

    • (e) with respect to any property, benefit or advantage identified in the agreement that was obtained or derived directly or indirectly from the act or omission, an obligation for the organization to

      • (i) forfeit it to Her Majesty in right of Canada, to be disposed of in accordance with paragraph 4(1)(b.2) of the Seized Property Management Act,

      • (ii) forfeit it to Her Majesty in right of a province, to be disposed of as the Attorney General directs, or

      • (iii) otherwise deal with it, as the prosecutor directs;

    • (f) an indication of the obligation for the organization to pay a penalty to the Receiver General or to the treasurer of a province, as the case may be, for each offence to which the agreement applies, the amount to be paid and any other terms respecting payment;

    • (g) an indication of any reparations, including restitution consistent with paragraph 738(1)(a) or (b), that the organization is required to make to a victim or a statement by the prosecutor of the reasons why reparations to a victim are not appropriate in the circumstances and an indication of any measure required in lieu of reparations to a victim;

    • (h) an indication of the obligation for the organization to pay a victim surcharge for each offence to which the agreement applies, other than an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the amount to be paid and any other terms respecting payment;

    • (i) an indication of the obligation for the organization to report to the prosecutor on the implementation of the agreement and an indication of the manner in which the report is to be made and any other terms respecting reporting;

    • (j) an indication of the legal effects of the agreement;

    • (k) an acknowledgement by the organization that the agreement has been made in good faith and that the information it has provided during the negotiation is accurate and complete and a commitment that it will continue to provide accurate and complete information while the agreement is in force;

    • (l) an indication of the use that can be made of information obtained as a result of the agreement, subject to subsection (2);

    • (m) a warning that the breach of any term of the agreement may lead to an application by the prosecutor for termination of the agreement and a recommencement of proceedings;

    • (n) an indication of the obligation for the organization not to deduct, for income tax purposes, the costs of any reparations or other measures referred to in paragraph (g) or any other costs incurred to fulfil the terms of the agreement;

    • (o) a notice of the prosecutor's right to vary or terminate the agreement with the approval of the court; and

    • (p) an indication of the deadline by which the organization must meet the terms of the agreement.

  • Marginal note:Admissions not admissible in evidence

    (2) No admission, confession or statement accepting responsibility for a given act or omission made by the organization as a result of the agreement is admissible in evidence against that organization in any civil or criminal proceedings related to that act or omission, except those contained in the statement of facts and admission of responsibility referred to in paragraphs (1)(a) and (b), if the agreement is approved by the court.

  • Marginal note:Optional content of agreement

    (3) A remediation agreement may include, among other things,

    • (a) an indication of the obligation for the organization to establish, implement or enhance compliance measures to address any deficiencies in the organization's policies, standards or procedures — including those related to internal control procedures and employee training — that may have allowed the act or omission;

    • (b) an indication of the obligation for the organization to reimburse the prosecutor for any costs identified in the agreement that are related to its administration and that have or will be incurred by the prosecutor; and

    • (c) an indication of the fact that an independent monitor has been appointed, as selected with the prosecutor's approval, to verify and report to the prosecutor on the organization's compliance with the obligation referred to in paragraph (a), or any other obligation in the agreement identified by the prosecutor, as well as an indication of the organization's obligations with respect to that monitor, including the obligations to cooperate with the monitor and pay the monitor's costs.

  • 2018, c. 12, s. 404
  • 2019, c. 29, s. 121(F)

Marginal note:Independent monitor — conflict of interest

715.35  A candidate for appointment as an independent monitor must notify the prosecutor in writing of any previous or ongoing relationship, in particular with the organization or any of its representatives, that may have a real or perceived impact on the candidate's ability to provide an independent verification.

  • 2018, c. 12, s. 404

Marginal note:Duty to inform victims

  • 715.36 (1) After an organization has accepted the offer to negotiate according to the terms of the notice referred to in section 715.33, the prosecutor must take reasonable steps to inform any victim, or any third party that is acting on the victim's behalf, that a remediation agreement may be entered into.

  • Marginal note:Interpretation

    (2) The duty to inform any victim is to be construed and applied in a manner that is reasonable in the circumstances and not likely to interfere with the proper administration of justice, including by causing interference with prosecutorial discretion or compromising, hindering or causing excessive delay to the negotiation of an agreement or its conclusion.

  • Marginal note:Reasons

    (3) If the prosecutor elects not to inform a victim or third party under subsection (1), they must provide the court, when applying for approval of the agreement, with a statement of the reasons why it was not appropriate to do so in the circumstances.

  • 2018, c. 12, s. 404

Marginal note:Application for court approval

  • 715.37 (1) When the prosecutor and the organization have agreed to the terms of a remediation agreement, the prosecutor must apply to the court in writing for an order approving the agreement.

  • Marginal note:Coming into force

    (2) The coming into force of the agreement is subject to the approval of the court.

  • Marginal note:Consideration of victims

    (3) To determine whether to approve the agreement, the court hearing an application must consider

    • (a) any reparations, statement and other measure referred to in paragraph 715.34(1)(g);

    • (b) any statement made by the prosecutor under subsection 715.36(3);

    • (c) any victim or community impact statement presented to the court; and

    • (d) any victim surcharge referred to in paragraph 715.34(1)(h).

  • Marginal note:Victim or community impact statement

    (4) For the purpose of paragraph (3)(c), the rules provided for in sections 722 to 722.2 apply, other than subsection 722(6), with any necessary modifications and, in particular,

    • (a) a victim or community impact statement, or any other evidence concerning any victim, must be considered when determining whether to approve the agreement under subsection (6);

    • (b) the inquiry referred to in subsection 722(2) must be made at the hearing of the application; and

    • (c) the duty of the clerk under section 722.1 or subsection 722.2(5) is deemed to be the duty of the prosecutor to make reasonable efforts to provide a copy of the statement to the organization or counsel for the organization as soon as feasible after the prosecutor obtains it.

  • Marginal note:Victim surcharge

    (5) For the purpose of paragraph 715.34(1)(h), the amount of the victim surcharge is 30% of any penalty referred to in paragraph 715.34(1)(f), or any other percentage that the prosecutor deems appropriate in the circumstances, and is payable to the treasurer of the province in which the application for approval referred to in section 715.37 is made.

  • Marginal note:Approval order

    (6) The court must, by order, approve the agreement if it is satisfied that

    • (a) the organization is charged with an offence to which the agreement applies;

    • (b) the agreement is in the public interest; and

    • (c) the terms of the agreement are fair, reasonable and proportionate to the gravity of the offence.

  • Marginal note:Stay of proceedings

    (7) As soon as practicable after the court approves the agreement, the prosecutor must direct the clerk or other proper officer of the court to make an entry on the record that the proceedings against the organization in respect of any offence to which the agreement applies are stayed by that direction and that entry must be made immediately, after which time the proceedings shall be stayed accordingly.

  • Marginal note:Other proceedings

    (8) No other proceedings may be initiated against the organization for the same offence while the agreement is in force.

  • Marginal note:Limitation period

    (9) The running of a limitation period in respect of any offence to which the agreement applies is suspended while the agreement is in force.

  • 2018, c. 12, s. 404

Marginal note:Variation order

715.38  On application by the prosecutor, the court must, by order, approve any modification to a remediation agreement if the court is satisfied that the agreement continues to meet the conditions set out in subsection 715.37(6). On approval, the modification is deemed to form part of the agreement.

  • 2018, c. 12, s. 404

Marginal note:Termination order

  • 715.39 (1) On application by the prosecutor, the court must, by order, terminate the agreement if it is satisfied that the organization has breached a term of the agreement.

  • Marginal note:Recommencement of proceedings

    (2) As soon as the order is made, proceedings stayed in accordance with subsection 715.37(7) may be recommenced, without a new information or a new indictment, as the case may be, by the prosecutor giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered.

  • Marginal note:Stay of proceedings

    (3) If no notice is given within one year after the order is made under subsection (1), or before the expiry of the time within which the proceedings could have been commenced, whichever is earlier, the proceedings are deemed never to have been commenced.

  • 2018, c. 12, s. 404

Marginal note:Order declaring successful completion

  • 715.4 (1) On application by the prosecutor, the court must, by order, declare that the terms of the agreement were met if it is satisfied that the organization has complied with the agreement.

  • Marginal note:Stay of proceedings

    (2) The order stays the proceedings against the organization for any offence to which the agreement applies, the proceedings are deemed never to have been commenced and no other proceedings may be initiated against the organization for the same offence.

  • 2018, c. 12, s. 404

Marginal note:Deadline

  • 715.41 (1) The prosecutor must, as soon as practicable after the deadline referred to in paragraph 715.34(1)(p), apply to the court in writing for a variation order under section 715.38, including to extend the deadline, an order terminating the agreement under section 715.39 or an order under section 715.4 declaring that its terms were met and the court may issue any of these orders as it deems appropriate.

  • Marginal note:Deeming

    (2) The agreement is deemed to remain in force until a court issues an order terminating it or declaring that its terms were met.

  • 2018, c. 12, s. 404

Marginal note:Publication

  • 715.42 (1) Subject to subsection (2), the following must be published by the court as soon as practicable:

    • (a) the remediation agreement approved by the court;

    • (b) an order made under any of sections 715.37 to 715.41 and the reasons for that order or the reasons for the decision not to make that order; and

    • (c) a decision made under subsection (2) or (5) and the reasons for that decision.

  • Marginal note:Decision not to publish

    (2) The court may decide not to publish the agreement or any order or reasons referred to in paragraph (1)(b), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice.

  • Marginal note:Factors to be considered

    (3) To decide whether the proper administration of justice requires making the decision referred to in subsection (2), the court must consider

    • (a) society's interest in encouraging the reporting of offences and the participation of victims in the criminal justice process;

    • (b) whether it is necessary to protect the identity of any victims, any person not engaged in the wrongdoing and any person who brought the wrongdoing to the attention of investigative authorities;

    • (c) the prevention of any adverse effect to any ongoing investigation or prosecution;

    • (d) whether effective alternatives to the decision referred to in subsection (2) are available in the circumstances;

    • (e) the salutary and deleterious effects of making the decision referred to in subsection (2); and

    • (f) any other factor that the court considers relevant.

  • Marginal note:Conditions

    (4) The court may make its decision subject to any conditions that it considers appropriate, including a condition related to the duration of non-publication.

  • Marginal note:Review of decision

    (5) On application by any person, the court must review the decision made under subsection (2) to determine whether the non-publication continues to be necessary for the proper administration of justice. If the court is satisfied that the non-publication is no longer necessary, it must publish the agreement, order or reasons, as the case may be, in whole or in part, as soon as practicable.

  • 2018, c. 12, s. 404, c. 27, s. 686

Marginal note:Regulations

  • 715.43 (1) On the recommendation of the Minister of Justice, the Governor in Council may make regulations generally for the purposes of carrying out this Part, including regulations respecting

    • (a) the form of the remediation agreement; and

    • (b) the verification of compliance by an independent monitor, including

      • (i) the qualifications for monitors,

      • (ii) the process to select a monitor,

      • (iii) the form and content of a conflict of interest notification, and

      • (iv) reporting requirements.

  • Marginal note:Amendment of schedule

    (2) On the recommendation of the Minister of Justice, the Governor in Council may, by order, amend the schedule by adding or deleting any offence to which a remediation agreement may apply.

  • Marginal note:Deleting offence

    (3) If the Governor in Council orders the deletion of an offence from the schedule to this Part, this Part continues to apply to an organization alleged to have committed that offence if a notice referred to in section 715.33 respecting that offence was sent to the organization before the day on which the order comes into force.

  • 2018, c. 12, s. 404

PART XXIII Sentencing

Interpretation

Marginal note:Definitions

716  In this Part,

accused

accused  includes a defendant; (accusé)

alternative measures

alternative measures  means measures other than judicial proceedings under this Act used to deal with a person who is eighteen years of age or over and alleged to have committed an offence; (mesures de rechange)

court

court  means

  • (a) a superior court of criminal jurisdiction,

  • (b) a court of criminal jurisdiction,

  • (c) a justice or provincial court judge acting as a summary conviction court under Part XXVII, or

  • (d) a court that hears an appeal; (tribunal)

fine

fine  includes a pecuniary penalty or other sum of money, but does not include restitution. (amende)

  • R.S., 1985, c. C-46, s. 716
  • R.S., 1985, c. 27 (1st Supp.), s. 154
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 29(E)

Alternative Measures

Marginal note:When alternative measures may be used

  • 717 (1) Alternative measures may be used to deal with a person alleged to have committed an offence only if it is not inconsistent with the protection of society and the following conditions are met:

    • (a) the measures are part of a program of alternative measures authorized by the Attorney General or the Attorney General's delegate or authorized by a person, or a person within a class of persons, designated by the lieutenant governor in council of a province;

    • (b) the person who is considering whether to use the measures is satisfied that they would be appropriate, having regard to the needs of the person alleged to have committed the offence and the interests of society and of the victim;

    • (c) the person, having been informed of the alternative measures, fully and freely consents to participate therein;

    • (d) the person has, before consenting to participate in the alternative measures, been advised of the right to be represented by counsel;

    • (e) the person accepts responsibility for the act or omission that forms the basis of the offence that the person is alleged to have committed;

    • (f) there is, in the opinion of the Attorney General or the Attorney General's agent, sufficient evidence to proceed with the prosecution of the offence; and

    • (g) the prosecution of the offence is not in any way barred at law.

  • Marginal note:Restriction on use

    (2) Alternative measures shall not be used to deal with a person alleged to have committed an offence if the person

    • (a) denies participation or involvement in the commission of the offence; or

    • (b) expresses the wish to have any charge against the person dealt with by the court.

  • Marginal note:Admissions not admissible in evidence

    (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offence as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.

  • Marginal note:No bar to proceedings

    (4) The use of alternative measures in respect of a person alleged to have committed an offence is not a bar to proceedings against the person under this Act, but, if a charge is laid against that person in respect of that offence,

    • (a) where the court is satisfied on a balance of probabilities that the person has totally complied with the terms and conditions of the alternative measures, the court shall dismiss the charge; and

    • (b) where the court is satisfied on a balance of probabilities that the person has partially complied with the terms and conditions of the alternative measures, the court may dismiss the charge if, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and that person's performance with respect to the alternative measures.

  • Marginal note:Laying of information, etc.

    (5) Subject to subsection (4), nothing in this section shall be construed as preventing any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law.

  • R.S., 1985, c. C-46, s. 717
  • 1995, c. 22, s. 6

Marginal note:Records of persons dealt with

717.1  Sections 717.2 to 717.4 apply only in respect of persons who have been dealt with by alternative measures, regardless of the degree of their compliance with the terms and conditions of the alternative measures.

  • 1995, c. 22, s. 6

Marginal note:Police records

  • 717.2 (1) A record relating to any offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person, may be kept by any police force responsible for, or participating in, the investigation of the offence.

  • Marginal note:Disclosure by peace officer

    (2) A peace officer may disclose to any person any information in a record kept pursuant to this section that it is necessary to disclose in the conduct of the investigation of an offence.

  • Marginal note:Idem

    (3) A peace officer may disclose to an insurance company any information in a record kept pursuant to this section for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the person to whom the record relates.

  • 1995, c. 22, s. 6

Marginal note:Government records

  • 717.3 (1) A department or agency of any government in Canada may keep records containing information obtained by the department or agency

    • (a) for the purposes of an investigation of an offence alleged to have been committed by a person;

    • (b) for use in proceedings against a person under this Act; or

    • (c) as a result of the use of alternative measures to deal with a person.

  • Marginal note:Private records

    (2) Any person or organization may keep records containing information obtained by the person or organization as a result of the use of alternative measures to deal with a person alleged to have committed an offence.

  • 1995, c. 22, s. 6

Marginal note:Disclosure of records

  • 717.4 (1) Any record that is kept pursuant to section 717.2 or 717.3 may be made available to

    • (a) any judge or court for any purpose relating to proceedings relating to offences committed or alleged to have been committed by the person to whom the record relates;

    • (b) any peace officer

      • (i) for the purpose of investigating any offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or

      • (ii) for any purpose related to the administration of the case to which the record relates;

    • (c) any member of a department or agency of a government in Canada, or any agent thereof, that is

      • (i) engaged in the administration of alternative measures in respect of the person, or

      • (ii) preparing a report in respect of the person pursuant to this Act; or

    • (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is

      • (i) desirable in the public interest for research or statistical purposes, or

      • (ii) desirable in the interest of the proper administration of justice.

  • Marginal note:Subsequent disclosure

    (2) Where a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.

  • Marginal note:Information, copies

    (3) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.

  • Marginal note:Evidence

    (4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

  • Marginal note:Idem

    (5) A record kept pursuant to section 717.2 or 717.3 may not be introduced into evidence, except for the purposes set out in paragraph 721(3)(c), more than two years after the end of the period for which the person agreed to participate in the alternative measures.

  • 1995, c. 22, s. 6

Purpose and Principles of Sentencing

Marginal note:Purpose

718  The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

  • (a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;

  • (b) to deter the offender and other persons from committing offences;

  • (c) to separate offenders from society, where necessary;

  • (d) to assist in rehabilitating offenders;

  • (e) to provide reparations for harm done to victims or to the community; and

  • (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

  • R.S., 1985, c. C-46, s. 718
  • R.S., 1985, c. 27 (1st Supp.), s. 155
  • 1995, c. 22, s. 6
  • 2015, c. 13, s. 23

Marginal note:Objectives — offences against children

718.01  When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

  • 2005, c. 32, s. 24

Marginal note:Objectives — offence against peace officer or other justice system participant

718.02  When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

  • 2009, c. 22, s. 18

Marginal note:Objectives — offence against certain animals

718.03  When a court imposes a sentence for an offence under subsection 445.01(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

  • 2015, c. 34, s. 4

Marginal note:Objectives — offence against vulnerable person

718.04  When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

  • 2019, c. 25, s. 292.1

Marginal note:Fundamental principle

718.1  A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

  • R.S., 1985, c. 27 (1st Supp.), s. 156
  • 1995, c. 22, s. 6

Marginal note:Other sentencing principles

718.2  A court that imposes a sentence shall also take into consideration the following principles:

  • (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

    • (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,

    • (ii) evidence that the offender, in committing the offence, abused the offender's intimate partner or a member of the victim or the offender's family,

    • (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

    • (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,

    • (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation,

    • (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization,

    • (v) evidence that the offence was a terrorism offence, or

    • (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act

    shall be deemed to be aggravating circumstances;

  • (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;

  • (c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;

  • (d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and

  • (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

  • 1995, c. 22, s. 6
  • 1997, c. 23, s. 17
  • 2000, c. 12, s. 95
  • 2001, c. 32, s. 44(F), c. 41, s. 20
  • 2005, c. 32, s. 25
  • 2012, c. 29, s. 2
  • 2015, c. 13, s. 24, c. 23, s. 16
  • 2017, c. 13, s. 4
  • 2019, c. 25, s. 293

Marginal note:Additional consideration — increased vulnerability

718.201  A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

  • 2019, c. 25, s. 293.1

Organizations

Marginal note:Additional factors

718.21  A court that imposes a sentence on an organization shall also take into consideration the following factors:

  • (a) any advantage realized by the organization as a result of the offence;

  • (b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence;

  • (c) whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution;

  • (d) the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees;

  • (e) the cost to public authorities of the investigation and prosecution of the offence;

  • (f) any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence;

  • (g) whether the organization was — or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct;

  • (h) any penalty imposed by the organization on a representative for their role in the commission of the offence;

  • (i) any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and

  • (j) any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence.

  • 2003, c. 21, s. 14

Punishment Generally

Marginal note:Degrees of punishment

  • 718.3 (1) Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence.

  • Marginal note:Discretion respecting punishment

    (2) Where an enactment prescribes a punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment.

  • Marginal note:Imprisonment in default where term not specified

    (3) Where an accused is convicted of an offence punishable with both fine and imprisonment and a term of imprisonment in default of payment of the fine is not specified in the enactment that prescribes the punishment to be imposed, the imprisonment that may be imposed in default of payment shall not exceed the term of imprisonment that is prescribed in respect of the offence.

  • Marginal note:Cumulative punishments

    (4) The court that sentences an accused shall consider directing

    • (a) that the term of imprisonment that it imposes be served consecutively to a sentence of imprisonment to which the accused is subject at the time of sentencing; and

    • (b) that the terms of imprisonment that it imposes at the same time for more than one offence be served consecutively, including when

      • (i) the offences do not arise out of the same event or series of events,

      • (ii) one of the offences was committed while the accused was on judicial interim release, including pending the determination of an appeal, or

      • (iii) one of the offences was committed while the accused was fleeing from a peace officer.

  • Marginal note:Cumulative punishments — fines

    (5) For the purposes of subsection (4), a term of imprisonment includes imprisonment that results from the operation of subsection 734(4).

  • Marginal note:Cumulative punishments — youth

    (6) For the purposes of subsection (4), a sentence of imprisonment includes

    • (a) a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985;

    • (b) a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act; and

    • (c) a sentence that results from the operation of subsection 743.5(1) or (2).

  • Marginal note:Cumulative punishments — sexual offences against children

    (7) When a court sentences an accused at the same time for more than one sexual offence committed against a child, the court shall direct

    • (a) that a sentence of imprisonment it imposes for an offence under section 163.1 be served consecutively to a sentence of imprisonment it imposes for a sexual offence under another section of this Act committed against a child; and

    • (b) that a sentence of imprisonment it imposes for a sexual offence committed against a child, other than an offence under section 163.1, be served consecutively to a sentence of imprisonment it imposes for a sexual offence committed against another child other than an offence under section 163.1.

  • Marginal note:Maximum penalty — intimate partner

    (8) If an accused is convicted of an indictable offence in the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than

    • (a) five years, if the maximum term of imprisonment for the offence is two years or more but less than five years;

    • (b) 10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years;

    • (c) 14 years, if the maximum term of imprisonment for the offence is 10 years or more but less than 14 years; or

    • (d) life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.

  • 1995, c. 22, s. 6
  • 1997, c. 18, s. 141
  • 2002, c. 1, s. 182
  • 2015, c. 23, s. 17
  • 2019, c. 25, s. 294

Marginal note:Commencement of sentence

  • 719 (1) A sentence commences when it is imposed, except where a relevant enactment otherwise provides.

  • Marginal note:Time at large excluded from term of imprisonment

    (2) Any time during which a convicted person is unlawfully at large or is lawfully at large on interim release granted pursuant to any provision of this Act does not count as part of any term of imprisonment imposed on the person.

  • Marginal note:Determination of sentence

    (3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

  • Marginal note:Exception

    (3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.

  • Marginal note:Reasons

    (3.2) The court shall give reasons for any credit granted and shall cause those reasons to be stated in the record.

  • Marginal note:Record of proceedings

    (3.3) The court shall cause to be stated in the record and on the warrant of committal the offence, the amount of time spent in custody, the term of imprisonment that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

  • Marginal note:Validity not affected

    (3.4) Failure to comply with subsection (3.2) or (3.3) does not affect the validity of the sentence imposed by the court.

  • Marginal note:When time begins to run

    (4) Notwithstanding subsection (1), a term of imprisonment, whether imposed by a trial court or the court appealed to, commences or shall be deemed to be resumed, as the case may be, on the day on which the convicted person is arrested and taken into custody under the sentence.

  • Marginal note:When fine imposed

    (5) Notwithstanding subsection (1), where the sentence that is imposed is a fine with a term of imprisonment in default of payment, no time prior to the day of execution of the warrant of committal counts as part of the term of imprisonment.

  • Marginal note:Application for leave to appeal

    (6) An application for leave to appeal is an appeal for the purposes of this section.

  • R.S., 1985, c. C-46, s. 719
  • R.S., 1985, c. 27 (1st Supp.), s. 157
  • 1995, c. 22, s. 6
  • 2009, c. 29, s. 3
  • 2018, c. 29, s. 66

Procedure and Evidence

Marginal note:Sentencing proceedings

  • 720 (1) A court shall, as soon as practicable after an offender has been found guilty, conduct proceedings to determine the appropriate sentence to be imposed.

  • 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 attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program.

  • R.S., 1985, c. C-46, s. 720
  • 1995, c. 22, s. 6
  • 2008, c. 18, s. 35

Marginal note:Report by probation officer

  • 721 (1) Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged under section 730.

  • Marginal note:Provincial regulations

    (2) The lieutenant governor in council of a province may make regulations respecting the types of offences for which a court may require a report, and respecting the content and form of the report.

  • Marginal note:Content of report

    (3) Unless otherwise specified by the court, the report must, wherever possible, contain information on the following matters:

    • (a) the offender's age, maturity, character, behaviour, attitude and willingness to make amends;

    • (b) subject to subsection 119(2) of the Youth Criminal Justice Act, the history of previous dispositions under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the history of previous sentences under the Youth Criminal Justice Act, and of previous findings of guilt under this Act and any other Act of Parliament;

    • (c) the history of any alternative measures used to deal with the offender, and the offender's response to those measures; and

    • (d) any matter required, by any regulation made under subsection (2), to be included in the report.

  • Marginal note:Idem

    (4) The report must also contain information on any other matter required by the court, after hearing argument from the prosecutor and the offender, to be included in the report, subject to any contrary regulation made under subsection (2).

  • Marginal note:Copy of report

    (5) The clerk of the court shall provide a copy of the report, as soon as practicable after filing, to the offender or counsel for the offender, as directed by the court, and to the prosecutor.

  • R.S., 1985, c. C-46, s. 721
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1995, c. 22, s. 6
  • 1999, c. 25, s. 16(Preamble)
  • 2002, c. 1, s. 183
  • 2003, c. 21, s. 15

Marginal note:Victim impact statement

  • 722 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement of a victim prepared in accordance with this section and filed with the court describing the physical or emotional harm, property damage or economic loss suffered by the victim as the result of the commission of the offence and the impact of the offence on the victim.

  • Marginal note:Inquiry by court

    (2) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection (1).

  • Marginal note:Adjournment

    (3) On application of the prosecutor or a victim or on its own motion, the court may adjourn the proceedings to permit the victim to prepare a statement referred to in subsection (1) or to present evidence in accordance with subsection (9), if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

  • Marginal note:Form

    (4) The statement must be prepared in writing, using Form 34.2 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.

  • Marginal note:Presentation of statement

    (5) The court shall, on the request of a victim, permit the victim to present the statement by

    • (a) reading it;

    • (b) reading it in the presence and close proximity of any support person of the victim's choice;

    • (c) reading it outside the court room or behind a screen or other device that would allow the victim not to see the offender; or

    • (d) presenting it in any other manner that the court considers appropriate.

  • Marginal note:Photograph

    (6) During the presentation

    • (a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings; or

    • (b) if the statement is presented by someone acting on the victim's behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court, disrupt the proceedings.

  • 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 otherwise and the offender is permitted to communicate with counsel while watching the presentation.

  • Marginal note:Consideration of statement

    (8) In considering the statement, the court shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection (1) and disregard any other portion.

  • Marginal note:Evidence concerning victim admissible

    (9) Whether or not a statement has been prepared and filed in accordance with this section, the court may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged under section 730.

  • R.S., 1985, c. C-46, s. 722
  • 1995, c. 22, s. 6
  • 1999, c. 25, s. 17(Preamble)
  • 2000, c. 12, s. 95
  • 2015, c. 13, s. 25

Marginal note:Copy of statement

722.1  The clerk of the court shall provide a copy of a statement referred to in subsection 722(1), as soon as practicable after a finding of guilt, to the offender or counsel for the offender, and to the prosecutor.

  • 1995, c. 22, s. 6
  • 1999, c. 25, s. 18(Preamble)

Marginal note:Community impact statement

  • 722.2 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged under section 730 in respect of any offence, the court shall consider any statement made by an individual on a community's behalf that was prepared in accordance with this section and filed with the court describing the harm or loss suffered by the community as the result of the commission of the offence and the impact of the offence on the community.

  • Marginal note:Form

    (2) The statement must be prepared in writing, using Form 34.3 in Part XXVIII, in accordance with the procedures established by a program designated for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction.

  • Marginal note:Presentation of statement

    (3) The court shall, on the request of the individual making the statement, permit the individual to present the statement by

    • (a) reading it;

    • (b) reading it in the presence and close proximity of any support person of the individual's choice;

    • (c) reading it outside the court room or behind a screen or other device that would allow the individual not to see the offender; or

    • (d) presenting it in any other manner that the court considers appropriate.

  • 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 otherwise and the offender is permitted to communicate with counsel while watching the presentation.

  • Marginal note:Copy of statement

    (5) The clerk of the court shall, as soon as feasible after a finding of guilt, provide a copy of the statement to the offender or counsel for the offender, and to the prosecutor.

  • 1999, c. 25, s. 18(Preamble)
  • 2015, c. 13, s. 26

Marginal note:Submissions on facts

  • 723 (1) Before determining the sentence, a court shall give the prosecutor and the offender an opportunity to make submissions with respect to any facts relevant to the sentence to be imposed.

  • Marginal note:Submission of evidence

    (2) The court shall hear any relevant evidence presented by the prosecutor or the offender.

  • Marginal note:Production of evidence

    (3) The court may, on its own motion, after hearing argument from the prosecutor and the offender, require the production of evidence that would assist it in determining the appropriate sentence.

  • Marginal note:Compel appearance

    (4) Where it is necessary in the interests of justice, the court may, after consulting the parties, compel the appearance of any person who is a compellable witness to assist the court in determining the appropriate sentence.

  • Marginal note:Hearsay evidence

    (5) Hearsay evidence is admissible at sentencing proceedings, but the court may, if the court considers it to be in the interests of justice, compel a person to testify where the person

    • (a) has personal knowledge of the matter;

    • (b) is reasonably available; and

    • (c) is a compellable witness.

  • R.S., 1985, c. C-46, s. 723
  • 1995, c. 22, s. 6

Marginal note:Information accepted

  • 724 (1) In determining a sentence, a court may accept as proved any information disclosed at the trial or at the sentencing proceedings and any facts agreed on by the prosecutor and the offender.

  • Marginal note:Jury

    (2) Where the court is composed of a judge and jury, the court

    • (a) shall accept as proven all facts, express or implied, that are essential to the jury's verdict of guilty; and

    • (b) may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact.

  • Marginal note:Disputed facts

    (3) Where there is a dispute with respect to any fact that is relevant to the determination of a sentence,

    • (a) the court shall request that evidence be adduced as to the existence of the fact unless the court is satisfied that sufficient evidence was adduced at the trial;

    • (b) the party wishing to rely on a relevant fact, including a fact contained in a presentence report, has the burden of proving it;

    • (c) either party may cross-examine any witness called by the other party;

    • (d) subject to paragraph (e), the court must be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and

    • (e) the prosecutor must establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction by the offender.

  • R.S., 1985, c. C-46, s. 724
  • 1995, c. 22, s. 6

Marginal note:Other offences

  • 725 (1) In determining the sentence, a court

    • (a) shall consider, if it is possible and appropriate to do so, any other offences of which the offender was found guilty by the same court, and shall determine the sentence to be imposed for each of those offences;

    • (b) shall consider, if the Attorney General and the offender consent, any outstanding charges against the offender to which the offender consents to plead guilty and pleads guilty, if the court has jurisdiction to try those charges, and shall determine the sentence to be imposed for each charge unless the court is of the opinion that a separate prosecution for the other offence is necessary in the public interest;

    • (b.1) shall consider any outstanding charges against the offender, unless the court is of the opinion that a separate prosecution for one or more of the other offences is necessary in the public interest, subject to the following conditions:

      • (i) the Attorney General and the offender consent,

      • (ii) the court has jurisdiction to try each charge,

      • (iii) each charge has been described in open court,

      • (iv) the offender has agreed with the facts asserted in the description of each charge, and

      • (v) the offender has acknowledged having committed the offence described in each charge; and

    • (c) may consider any facts forming part of the circumstances of the offence that could constitute the basis for a separate charge.

  • Marginal note:Attorney General's consent

    (1.1) For the purpose of paragraphs (1)(b) and (b.1), the Attorney General shall take the public interest into account before consenting.

  • Marginal note:No further proceedings

    (2) The court shall, on the information or indictment, note

    • (a) any outstanding charges considered in determining the sentence under paragraph (1)(b.1), and

    • (b) any facts considered in determining the sentence under paragraph (1)(c),

    and no further proceedings may be taken with respect to any offence described in those charges or disclosed by those facts unless the conviction for the offence of which the offender has been found guilty is set aside or quashed on appeal.

  • R.S., 1985, c. C-46, s. 725
  • R.S., 1985, c. 27 (1st Supp.), s. 158, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 31

Marginal note:Offender may speak to sentence

726  Before determining the sentence to be imposed, the court shall ask whether the offender, if present, has anything to say.

  • R.S., 1985, c. C-46, s. 726
  • R.S., 1985, c. 27 (1st Supp.), s. 159, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 6

Marginal note:Relevant information

726.1  In determining the sentence, a court shall consider any relevant information placed before it, including any representations or submissions made by or on behalf of the prosecutor or the offender.

  • 1995, c. 22, s. 6

Marginal note:Reasons for sentence

726.2  When imposing a sentence, a court shall state the terms of the sentence imposed, and the reasons for it, and enter those terms and reasons into the record of the proceedings.

  • 1995, c. 22, s. 6

Marginal note:Previous conviction

  • 727 (1) Subject to subsections (3) and (4), where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, no greater punishment shall be imposed on the offender by reason thereof unless the prosecutor satisfies the court that the offender, before making a plea, was notified that a greater punishment would be sought by reason thereof.

  • Marginal note:Procedure

    (2) Where an offender is convicted of an offence for which a greater punishment may be imposed by reason of previous convictions, the court shall, on application by the prosecutor and on being satisfied that the offender was notified in accordance with subsection (1), ask whether the offender was previously convicted and, if the offender does not admit to any previous convictions, evidence of previous convictions may be adduced.

  • Marginal note:Where hearing ex parte

    (3) Where a summary conviction court holds a trial pursuant to subsection 803(2) and convicts the offender, the court may, whether or not the offender was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the offender and, if any such conviction is proved, may impose a greater punishment by reason thereof.

  • Marginal note:Organizations

    (4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction.

  • Marginal note:Section does not apply

    (5) This section does not apply to a person referred to in paragraph 745(b).

  • R.S., 1985, c. C-46, s. 727
  • R.S., 1985, c. 27 (1st Supp.), s. 160
  • 1995, c. 22, s. 6
  • 2003, c. 21, s. 16

Marginal note:Sentence justified by any count

728  Where one sentence is passed on a verdict of guilty on two or more counts of an indictment, the sentence is good if any of the counts would have justified the sentence.

  • R.S., 1985, c. C-46, s. 728
  • 1995, c. 22, s. 6

Marginal note:Proof of certificate of analyst

  • 729 (1) In

    • (a) a prosecution for failure to comply with a condition in a probation order that the accused not have in possession or use drugs, or

    • (b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,

    a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined a substance and stating the result of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Definition of analyst

    (2) In this section, analyst means a person designated as an analyst under the Controlled Drugs and Substances Act or the Cannabis Act.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • (4) and (5)[Repealed, 2008, c. 18, s. 36]

  • Marginal note:Requiring attendance of analyst

    (6) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • R.S., 1985, c. C-46, s. 729
  • 1995, c. 22, s. 6
  • 1999, c. 31, s. 69
  • 2004, c. 12, s. 11(E)
  • 2008, c. 18, s. 36
  • 2018, c. 16, s. 221

Marginal note:Proof of certificate of analyst — bodily substance

  • 729.1 (1) In a prosecution for failure to comply with a condition in a probation order that the accused not consume drugs, alcohol or any other intoxicating substance, or in a hearing to determine whether the offender breached such a condition of a conditional sentence order, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • Marginal note:Definition of analyst

    (2) In this section, analyst has the same meaning as in section 320.11.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial or hearing, as the case may be, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • Marginal note:Requiring attendance of analyst

    (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • 2011, c. 7, s. 2
  • 2018, c. 21, s. 23

Absolute and Conditional Discharges

Marginal note:Conditional and absolute discharge

  • 730 (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2).

  • Marginal note:Period for which appearance notice, etc., continues in force

    (2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.

  • Marginal note:Effect of discharge

    (3) Where a court directs under subsection (1) that an offender be discharged of an offence, the offender shall be deemed not to have been convicted of the offence except that

    • (a) the offender may appeal from the determination of guilt as if it were a conviction in respect of the offence;

    • (b) the Attorney General and, in the case of summary conviction proceedings, the informant or the informant's agent may appeal from the decision of the court not to convict the offender of the offence as if that decision were a judgment or verdict of acquittal of the offence or a dismissal of the information against the offender; and

    • (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence.

  • Marginal note:Where person bound by probation order convicted of offence

    (4) Where an offender who is bound by the conditions of a probation order made at a time when the offender was directed to be discharged under this section is convicted of an offence, including an offence under section 733.1, the court that made the probation order may, in addition to or in lieu of exercising its authority under subsection 732.2(5), at any time when it may take action under that subsection, revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time of discharge, and no appeal lies from a conviction under this subsection where an appeal was taken from the order directing that the offender be discharged.

  • R.S., 1985, c. C-46, s. 730
  • 1995, c. 22, s. 6
  • 1997, c. 18, s. 141
  • 2003, c. 21, s. 17
  • 2019, c. 25, s. 296

Probation

Marginal note:Making of probation order

  • 731 (1) Where a person is convicted of an offence, a court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission,

    • (a) if no minimum punishment is prescribed by law, suspend the passing of sentence and direct that the offender be released on the conditions prescribed in a probation order; or

    • (b) in addition to fining or sentencing the offender to imprisonment for a term not exceeding two years, direct that the offender comply with the conditions prescribed in a probation order.

  • Marginal note:Idem

    (2) A court may also make a probation order where it discharges an accused under subsection 730(1).

  • (3.1)[Repealed, 1997, c. 17, s. 1]

  • R.S., 1985, c. C-46, s. 731
  • 1992, c. 1, s. 58, c. 20, s. 200
  • 1995, c. 22, s. 6
  • 1997, c. 17, s. 1

Marginal note:Firearm, etc., prohibitions

  • 731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable.

  • Marginal note:Application of section 109 or 110

    (2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 109 or 110.

  • 1992, c. 20, s. 201
  • 1995, c. 22, s. 6
  • 2002, c. 13, s. 73

Marginal note:Intermittent sentence

  • 732 (1) Where the court imposes a sentence of imprisonment of ninety days or less on an offender convicted of an offence, whether in default of payment of a fine or otherwise, the court may, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order

    • (a) that the sentence be served intermittently at such times as are specified in the order; and

    • (b) that the offender comply with the conditions prescribed in a probation order when not in confinement during the period that the sentence is being served and, if the court so orders, on release from prison after completing the intermittent sentence.

  • Marginal note:Application to vary intermittent sentence

    (2) An offender who is ordered to serve a sentence of imprisonment intermittently may, on giving notice to the prosecutor, apply to the court that imposed the sentence to allow it to be served on consecutive days.

  • Marginal note:Court may vary intermittent sentence if subsequent offence

    (3) Where a court imposes a sentence of imprisonment on a person who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence shall be served on consecutive days unless the court otherwise orders.

  • R.S., 1985, c. C-46, s. 732
  • 1995, c. 22, s. 6

Marginal note:Definitions

  • 732.1 (1) In this section and section 732.2,

    change

    change , in relation to optional conditions, includes deletions and additions; (modification)

    optional conditions

    optional conditions  means the conditions referred to in subsection (3) or (3.1). (conditions facultatives)

  • Marginal note:Compulsory conditions of probation order

    (2) The court shall prescribe, as conditions of a probation order, that the offender do all of the following:

    • (a) keep the peace and be of good behaviour;

    • (a.1)[Repealed, 2019, c. 25, s. 297]

    • (b) appear before the court when required to do so by the court; and

    • (c) notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation.

  • (2.1)[Repealed, 2019, c. 25, s. 297]

  • (2.2)[Repealed, 2019, c. 25, s. 297]

  • Marginal note:Optional conditions of probation order

    (3) The court may prescribe, as additional conditions of a probation order, that the offender do one or more of the following:

    • (a) report to a probation officer

      • (i) within two working days, or such longer period as the court directs, after the making of the probation order, and

      • (ii) thereafter, when required by the probation officer and in the manner directed by the probation officer;

    • (a.1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the court considers necessary;

    • (b) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the probation officer;

    • (c) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (c.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under subsection (9) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (c.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by a probation officer in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (d) abstain from owning, possessing or carrying a weapon;

    • (e) provide for the support or care of dependants;

    • (f) perform up to 240 hours of community service over a period not exceeding eighteen months;

    • (g) if the offender agrees, and subject to the program director's acceptance of the offender, participate actively in a treatment program approved by the province;

    • (g.1) where the lieutenant governor in council of the province in which the probation order is made has established a program for curative treatment in relation to the consumption of alcohol or drugs, attend at a treatment facility, designated by the lieutenant governor in council of the province, for assessment and curative treatment in relation to the consumption by the offender of alcohol or drugs that is recommended pursuant to the program;

    • (g.2) where the lieutenant governor in council of the province in which the probation order is made has established a program governing the use of an alcohol ignition interlock device by an offender and if the offender agrees to participate in the program, comply with the program; and

    • (h) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for protecting society and for facilitating the offender's successful reintegration into the community.

  • Marginal note:Optional conditions — organization

    (3.1) The court may prescribe, as additional conditions of a probation order made in respect of an organization, that the offender do one or more of the following:

    • (a) make restitution to a person for any loss or damage that they suffered as a result of the offence;

    • (b) establish policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence;

    • (c) communicate those policies, standards and procedures to its representatives;

    • (d) report to the court on the implementation of those policies, standards and procedures;

    • (e) identify the senior officer who is responsible for compliance with those policies, standards and procedures;

    • (f) provide, in the manner specified by the court, the following information to the public, namely,

      • (i) the offence of which the organization was convicted,

      • (ii) the sentence imposed by the court, and

      • (iii) any measures that the organization is taking — including any policies, standards and procedures established under paragraph (b) — to reduce the likelihood of it committing a subsequent offence; and

    • (g) comply with any other reasonable conditions that the court considers desirable to prevent the organization from committing subsequent offences or to remedy the harm caused by the offence.

  • Marginal note:Consideration — organizations

    (3.2) Before making an order under paragraph (3.1)(b), a court shall consider whether it would be more appropriate for another regulatory body to supervise the development or implementation of the policies, standards and procedures referred to in that paragraph.

  • Marginal note:Form and period of order

    (4) A probation order may be in Form 46, and the court that makes the probation order shall specify therein the period for which it is to remain in force.

  • Marginal note:Obligations of court

    (5) The court that makes a probation order shall

    • (a) cause a copy of the order to be given to the offender and, on request, to the victim;

    • (b) explain the conditions of the order set under subsections (2) to (3.1) and the substance of section 733.1 to the offender;

    • (c) cause an explanation to be given to the offender of the procedure for applying under subsection 732.2(3) for a change to the optional conditions and of the substance of subsections 732.2(3) and (5); and

    • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

  • Marginal note:For greater certainty

    (6) For greater certainty, a failure to comply with subsection (5) does not affect the validity of the probation order.

  • Marginal note:Notice — samples at regular intervals

    (7) The notice referred to in paragraph (3)(c.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • Marginal note:Designations and specifications

    (8) For the purposes of paragraphs (3)(c.1) and (c.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

    • (a) designate the persons or classes of persons that may take samples of bodily substances;

    • (b) designate the places or classes of places at which the samples are to be taken;

    • (c) specify the manner in which the samples are to be taken;

    • (d) specify the manner in which the samples are to be analyzed;

    • (e) specify the manner in which the samples are to be stored, handled and destroyed;

    • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

    • (g) designate the persons or classes of persons that may destroy the samples; and

    • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

  • Marginal note:Further designations

    (9) For the purpose of paragraph (3)(c.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.

  • Marginal note:Restriction

    (10) Samples of bodily substances referred to in paragraphs (3)(c.1) and (c.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (8).

  • Marginal note:Destruction of samples

    (11) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a probation order to be destroyed within the periods prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 733.1.

  • Marginal note:Regulations

    (12) The Governor in Council may make regulations

    • (a) prescribing bodily substances for the purposes of paragraphs (3)(c.1) and (c.2);

    • (b) respecting the designations and specifications referred to in subsections (8) and (9);

    • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (11); and

    • (d) respecting any other matters relating to the samples of bodily substances.

  • 1995, c. 22, s. 6
  • 1999, c. 32, s. 6(Preamble)
  • 2003, c. 21, s. 18
  • 2008, c. 18, s. 37
  • 2011, c. 7, s. 3
  • 2014, c. 21, s. 2
  • 2015, c. 13, s. 27
  • 2018, c. 21, s. 24(F)
  • 2019, c. 25, s. 297

Marginal note:Prohibition on use of bodily substance

  • 732.11 (1) No person shall use a bodily substance provided under a probation order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a probation order.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a probation order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 733.1 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 4

Marginal note:Coming into force of order

  • 732.2 (1) A probation order comes into force

    • (a) on the date on which the order is made;

    • (b) where the offender is sentenced to imprisonment under paragraph 731(1)(b) or was previously sentenced to imprisonment for another offence, as soon as the offender is released from prison or, if released from prison on conditional release, at the expiration of the sentence of imprisonment; or

    • (c) where the offender is under a conditional sentence order, at the expiration of the conditional sentence order.

  • Marginal note:Duration of order and limit on term of order

    (2) Subject to subsection (5),

    • (a) where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, or is imprisoned under paragraph 731(1)(b) in default of payment of a fine, the order continues in force except in so far as the sentence renders it impossible for the offender for the time being to comply with the order; and

    • (b) no probation order shall continue in force for more than three years after the date on which the order came into force.

  • Marginal note:Changes to probation order

    (3) A court that makes a probation order may at any time, on application by the offender, the probation officer or the prosecutor, require the offender to appear before it and, after hearing the offender and one or both of the probation officer and the prosecutor,

    • (a) make any changes to the optional conditions that in the opinion of the court are rendered desirable by a change in the circumstances since those conditions were prescribed,

    • (b) relieve the offender, either absolutely or on such terms or for such period as the court deems desirable, of compliance with any optional condition, or

    • (c) decrease the period for which the probation order is to remain in force,

    and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions, inform the offender of its action and give the offender a copy of the order so endorsed.

  • Marginal note:Judge may act in chambers

    (4) All the functions of the court under subsection (3) may be exercised in chambers.

  • Marginal note:Where person convicted of offence

    (5) Where an offender who is bound by a probation order is convicted of an offence, including an offence under section 733.1, and

    • (a) the time within which an appeal may be taken against that conviction has expired and the offender has not taken an appeal,

    • (b) the offender has taken an appeal against that conviction and the appeal has been dismissed, or

    • (c) the offender has given written notice to the court that convicted the offender that the offender elects not to appeal the conviction or has abandoned the appeal, as the case may be,

    in addition to any punishment that may be imposed for that offence, the court that made the probation order may, on application by the prosecutor, require the offender to appear before it and, after hearing the prosecutor and the offender,

    • (d) where the probation order was made under paragraph 731(1)(a), revoke the order and impose any sentence that could have been imposed if the passing of sentence had not been suspended, or

    • (e) make such changes to the optional conditions as the court deems desirable, or extend the period for which the order is to remain in force for such period, not exceeding one year, as the court deems desirable,

    and the court shall thereupon endorse the probation order accordingly and, if it changes the optional conditions or extends the period for which the order is to remain in force, inform the offender of its action and give the offender a copy of the order so endorsed.

  • Marginal note:Compelling appearance of person bound

    (6) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under subsections (3) and (5).

  • 1995, c. 22, s. 6
  • 2004, c. 12, s. 12(E)

Marginal note:Transfer of order

  • 733 (1) Where an offender who is bound by a probation order becomes a resident of, or is convicted or discharged under section 730 of an offence including an offence under section 733.1 in, a territorial division other than the territorial division where the order was made, on the application of a probation officer, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.

  • Marginal note:Attorney General's consent

    (1.1) The transfer may be granted only with

    • (a) the consent of the Attorney General of the province in which the probation order was made, if the two territorial divisions are not in the same province; or

    • (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the probation order were instituted by or on behalf of the Attorney General of Canada.

  • Marginal note:Where court unable to act

    (2) Where a court that has made a probation order or to which a probation order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the probation order may be exercised by any other court that has equivalent jurisdiction in the same province.

  • R.S., 1985, c. C-46, s. 733
  • R.S., 1985, c. 24 (2nd Supp.), s. 46
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 32

Marginal note:Failure to comply with probation order

  • 733.1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of

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

    • (b) an offence punishable on summary conviction.

  • Marginal note:Where accused may be tried and punished

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but where the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

  • 1995, c. 22, s. 6
  • 2015, c. 23, s. 18
  • 2019, c. 25, s. 298

Fines and Forfeiture

Marginal note:Power of court to impose fine

  • 734 (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1

    • (a) if the punishment for the offence does not include a minimum term of imprisonment, in addition to or in lieu of any other sanction that the court is authorized to impose; or

    • (b) if the punishment for the offence includes a minimum term of imprisonment, in addition to any other sanction that the court is required or authorized to impose.

  • Marginal note:Offender's ability to pay

    (2) Except when the punishment for an offence includes a minimum fine or a fine is imposed in lieu of a forfeiture order, a court may fine an offender under this section only if the court is satisfied that the offender is able to pay the fine or discharge it under section 736.

  • Marginal note:Meaning of default of payment

    (3) For the purposes of this section and sections 734.1 to 737, a person is in default of payment of a fine if the fine has not been paid in full by the time set out in the order made under section 734.1.

  • Marginal note:Imprisonment in default of payment

    (4) Where an offender is fined under this section, a term of imprisonment, determined in accordance with subsection (5), shall be deemed to be imposed in default of payment of the fine.

  • Marginal note:Determination of term

    (5) The term of imprisonment referred to in subsection (4) is the lesser of

    • (a) the number of days that corresponds to a fraction, rounded down to the nearest whole number, of which

      • (i) the numerator is the unpaid amount of the fine plus the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection (7), and

      • (ii) the denominator is equal to eight times the provincial minimum hourly wage, at the time of default, in the province in which the fine was imposed, and

    • (b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence.

  • Marginal note:Moneys found on offender

    (6) All or any part of a fine imposed under this section may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

  • Marginal note:Provincial regulations

    (7) The lieutenant governor in council of a province may make regulations respecting the calculation of the costs and charges referred to in subparagraph (5)(a)(i) and in paragraph 734.8(1)(b).

  • Marginal note:Application to other law

    (8) This section and sections 734.1 to 734.8 and 736 apply to a fine imposed under any Act of Parliament, except that subsections (4) and (5) do not apply if the term of imprisonment in default of payment of the fine provided for in that Act or regulation is

    • (a) calculated by a different method; or

    • (b) specified, either as a minimum or a maximum.

  • R.S., 1985, c. C-46, s. 734
  • R.S., 1985, c. 27 (1st Supp.), s. 161
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 33
  • 2003, c. 21, s. 19
  • 2008, c. 18, s. 38
  • 2019, c. 25, s. 299

Marginal note:Terms of order imposing fine

734.1  A court that fines an offender under section 734 shall do so by making an order that clearly sets out

  • (a) the amount of the fine;

  • (b) the manner in which the fine is to be paid;

  • (c) the time or times by which the fine, or any portion thereof, must be paid; and

  • (d) such other terms respecting the payment of the fine as the court deems appropriate.

  • 1995, c. 22, s. 6

Marginal note:Obligations of court

  • 734.2 (1) A court that makes an order under section 734.1 shall

    • (a) cause a copy of the order to be given to the offender;

    • (b) explain the substance of sections 734 to 734.8 and 736 to the offender;

    • (c) cause an explanation to be given to the offender of the procedure for applying under section 734.3 for a change to the optional conditions and of any available fine option programs referred to in section 736 as well as the procedure to apply for admission to them; and

    • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

  • Marginal note:For greater certainty

    (2) For greater certainty, a failure to comply with subsection (1) does not affect the validity of the order.

  • 1995, c. 22, s. 6
  • 2008, c. 18, s. 39

Marginal note:Change in terms of order

734.3  A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section.

  • 1995, c. 22, s. 6
  • 2002, c. 13, s. 74

Marginal note:Proceeds to go to provincial treasurer

  • 734.4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.

  • Marginal note:Proceeds to go to Receiver General for Canada

    (2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,

    • (a) the fine or forfeiture is imposed

      • (i) in respect of a contravention of a revenue law of Canada,

      • (ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or

      • (iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or

    • (b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).

  • Marginal note:Direction for payment to municipality

    (3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,

    • (a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and

    • (b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.

  • 1995, c. 22, s. 6
  • 2019, c. 25, s. 300

Marginal note:Licences, permits, etc.

734.5  If an offender is in default of payment of a fine,

  • (a) where the proceeds of the fine belong to Her Majesty in right of a province by virtue of subsection 734.4(1), the person responsible, by or under an Act of the legislature of the province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender; or

  • (b) where the proceeds of the fine belong to Her Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of Parliament, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 34

Marginal note:Civil enforcement of fines, forfeiture

  • 734.6 (1) Where

    • (a) an offender is in default of payment of a fine, or

    • (b) a forfeiture imposed by law is not paid as required by the order imposing it,

    then, in addition to any other method provided by law for recovering the fine or forfeiture,

    • (c) the Attorney General of the province to whom the proceeds of the fine or forfeiture belong, or

    • (d) the Attorney General of Canada, where the proceeds of the fine or forfeiture belong to Her Majesty in right of Canada,

    may, by filing the order, enter as a judgment the amount of the fine or forfeiture, and costs, if any, in any civil court in Canada that has jurisdiction to enter a judgment for that amount.

  • Marginal note:Effect of filing order

    (2) An order that is entered as a judgment under this section is enforceable in the same manner as if it were a judgment obtained by the Attorney General of the province or the Attorney General of Canada, as the case may be, in civil proceedings.

  • 1995, c. 22, s. 6

Marginal note:Warrant of committal

  • 734.7 (1) Where time has been allowed for payment of a fine, the court shall not issue a warrant of committal in default of payment of the fine

    • (a) until the expiration of the time allowed for payment of the fine in full; and

    • (b) unless the court is satisfied

      • (i) that the mechanisms provided by sections 734.5 and 734.6 are not appropriate in the circumstances, or

      • (ii) that the offender has, without reasonable excuse, refused to pay the fine or discharge it under section 736.

  • Marginal note:Reasons for committal

    (2) Where no time has been allowed for payment of a fine and a warrant committing the offender to prison for default of payment of the fine is issued, the court shall state in the warrant the reason for immediate committal.

  • Marginal note:Period of imprisonment

    (2.1) The period of imprisonment in default of payment of the fine shall be specified in a warrant of committal referred to in subsection (1) or (2).

  • Marginal note:Compelling appearance of person bound

    (3) The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with such modifications as the circumstances require, to proceedings under paragraph (1)(b).

  • Marginal note:Effect of imprisonment

    (4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 35

Definition of penalty

  • 734.8 (1) In this section, penalty means the aggregate of

    • (a) the fine, and

    • (b) the costs and charges of committing and conveying the defaulter to prison, calculated in accordance with regulations made under subsection 734(7).

  • Marginal note:Reduction of imprisonment on part payment

    (2) The term of imprisonment in default of payment of a fine shall, on payment of a part of the penalty, whether the payment was made before or after the execution of a warrant of committal, be reduced by the number of days that bears the same proportion to the number of days in the term as the part paid bears to the total penalty.

  • Marginal note:Minimum that can be accepted

    (3) No amount offered in part payment of a penalty shall be accepted after the execution of a warrant of committal unless it is sufficient to secure a reduction of sentence of one day, or a whole number multiple of one day, and no part payment shall be accepted until any fee that is payable in respect of the warrant or its execution has been paid.

  • Marginal note:To whom payment made

    (4) Payment may be made under this section to the person that the Attorney General directs or, if the offender is imprisoned, to the person who has lawful custody of the prisoner or to any other person that the Attorney General directs.

  • Marginal note:Application of money paid

    (5) A payment under this section shall be applied firstly to the payment in full of costs and charges, secondly to the payment in full of any victim surcharge imposed under section 737, and then to payment of any part of the fine that remains unpaid.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 36, c. 25, s. 19(Preamble)

Marginal note:Fines on organizations

  • 735 (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law,

    • (a) that is in the discretion of the court, where the offence is an indictable offence; or

    • (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence.

  • Marginal note:Application of certain provisions — fines

    (1.1) A court that imposes a fine under subsection (1) or under any other Act of Parliament shall make an order that clearly sets out

    • (a) the amount of the fine;

    • (b) the manner in which the fine is to be paid;

    • (c) the time or times by which the fine, or any portion of it, must be paid; and

    • (d) any other terms respecting the payment of the fine that the court deems appropriate.

  • Marginal note:Effect of filing order

    (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order.

  • R.S., 1985, c. C-46, s. 735
  • R.S., 1985, c. 1 (4th Supp.), s. 18(F), c. 23 (4th Supp.), s. 7
  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 37
  • 2003, c. 21, s. 20

Marginal note:Fine option program

  • 736 (1) An offender who is fined under section 734 may, whether or not the offender is serving a term of imprisonment imposed in default of payment of the fine, discharge the fine in whole or in part by earning credits for work performed during a period not greater than two years in a program established for that purpose by the lieutenant governor in council

    • (a) of the province in which the fine was imposed, or

    • (b) of the province in which the offender resides, where an appropriate agreement is in effect between the government of that province and the government of the province in which the fine was imposed,

    if the offender is admissible to such a program.

  • Marginal note:Credits and other matters

    (2) A program referred to in subsection (1) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program.

  • Marginal note:Deemed payment

    (3) Credits earned for work performed as provided by subsection (1) shall, for the purposes of this Act, be deemed to be payment in respect of a fine.

  • Marginal note:Federal-provincial agreement

    (4) Where, by virtue of subsection 734.4(2), the proceeds of a fine belong to Her Majesty in right of Canada, an offender may discharge the fine in whole or in part in a fine option program of a province pursuant to subsection (1), where an appropriate agreement is in effect between the government of the province and the Government of Canada.

  • R.S., 1985, c. C-46, s. 736
  • R.S., 1985, c. 27 (1st Supp.), s. 162, c. 1 (4th Supp.), s. 18(F)
  • 1992, c. 1, s. 60(F)
  • 1995, c. 22, s. 6

Marginal note:Victim surcharge

  • 737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

  • Marginal note:Amount of surcharge

    (2) Subject to subsections (2.1) and (3), the amount of the victim surcharge in respect of an offence is

    • (a) 30% of any fine that is imposed on the offender for the offence; or

    • (b) if no fine is imposed on the offender for the offence,

      • (i) $100 in the case of an offence punishable by summary conviction, and

      • (ii) $200 in the case of an offence punishable by indictment.

  • Marginal note:Exception

    (2.1) Despite subsection (1), the court may, on application of the offender or on its own motion, order an offender to pay no victim surcharge, or to pay a reduced amount, if it is satisfied that the victim surcharge

    • (a) would cause undue hardship to the offender; or

    • (b) would not cause undue hardship to the offender but would be disproportionate to the gravity of the offence or the degree of responsibility of the offender.

  • Marginal note:Definition of undue hardship

    (2.2) For the purposes of subsection (2.1), undue hardship means the offender is unable to pay a victim surcharge on account of the offender's precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.

  • Marginal note:For greater certainty

    (2.3) For greater certainty, for the purposes of subsection (2.2), the imprisonment of the offender alone does not constitute undue hardship.

  • Marginal note:Reasons

    (2.4) When the court makes an order under subsection (2.1), the court shall state its reasons in the record of the proceedings.

  • Marginal note:Increase in surcharge

    (3) The court may order an offender to pay a victim surcharge in an amount exceeding that set out in subsection (2) if the court considers it appropriate in the circumstances and is satisfied that the offender is able to pay the higher amount.

  • Marginal note:Time for payment

    (4) The victim surcharge imposed in respect of an offence is payable within the time established by the lieutenant governor in council of the province in which the surcharge is imposed. If no time has been so established, the surcharge is payable within a reasonable time after its imposition.

  • Marginal note:Amounts applied to aid victims

    (5) A victim surcharge shall be applied for the purposes of providing such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.

  • Marginal note:Notice

    (6) The court shall cause to be given to the offender a written notice setting out

    • (a) the amount of the victim surcharge;

    • (b) the manner in which the victim surcharge is to be paid;

    • (c) the time by which the victim surcharge must be paid; and

    • (d) the procedure for applying for a change in any terms referred to in paragraphs (b) and (c) in accordance with section 734.3.

  • Marginal note:Enforcement

    (7) Subsections 734(3) to (7) and sections 734.3, 734.5, 734.7, 734.8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under this section and, in particular,

    • (a) a reference in any of those provisions to "fine", other than in subsection 734.8(5), must be read as if it were a reference to "victim surcharge"; and

    • (b) the notice provided under subsection (6) is deemed to be an order made under section 734.1.

  • Marginal note:Application — subsections (2.1) to (2.4)

    (8) Subsections (2.1) to (2.4) apply to any offender who is sentenced for an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act that was committed after the day on which those subsections come into force.

  • R.S., 1985, c. C-46, s. 737
  • 1995, c. 22, ss. 6, 18
  • 1996, c. 19, s. 75
  • 1999, c. 5, s. 38, c. 25, s. 20(Preamble)
  • 2013, c. 11, s. 3
  • 2015, c. 13, s. 28
  • 2018, c. 16, s. 222
  • 2019, c. 25, s. 301

Restitution

Marginal note:Court to consider restitution order

  • 737.1 (1) If an offender is convicted or is discharged under section 730 of an offence, the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, shall consider making a restitution order under section 738 or 739.

  • Marginal note:Inquiry by court

    (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence, the court shall inquire of the prosecutor if reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.

  • Marginal note:Adjournment

    (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

  • Marginal note:Form

    (4) Victims and other persons may indicate whether they are seeking restitution by completing Form 34.1 in Part XXVIII or a form approved for that purpose by the lieutenant governor in council of the province in which the court is exercising its jurisdiction or by using any other method approved by the court, and, if they are seeking restitution, shall establish their losses and damages, the amount of which must be readily ascertainable, in the same manner.

  • Marginal note:Reasons

    (5) If a victim seeks restitution and the court does not make a restitution order, it shall include in the record a statement of the court's reasons for not doing so.

  • 2015, c. 13, s. 29

Marginal note:Restitution to victims of offences

  • 738 (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:

    • (a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, where the amount is readily ascertainable;

    • (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount not exceeding all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable;

    • (c) in the case of bodily harm or threat of bodily 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 not exceeding 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;

    • (d) in the case of an offence under section 402.2 or 403, by paying to a person who, as a result of the offence, incurs expenses to re-establish their identity, including expenses to replace their identity documents and to correct their credit history and credit rating, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable; and

    • (e) in the case of an offence under subsection 162.1(1), by paying to a person who, as a result of the offence, incurs expenses to remove the intimate image from the Internet or other digital network, an amount that is not more than the amount of those expenses, to the extent that they are reasonable, if the amount is readily ascertainable.

  • Marginal note:Regulations

    (2) The lieutenant governor in council of a province may make regulations precluding the inclusion of provisions on enforcement of restitution orders as an optional condition of a probation order or of a conditional sentence order.

  • R.S., 1985, c. C-46, s. 738
  • 1995, c. 22, s. 6
  • 2000, c. 12, s. 95
  • 2005, c. 43, s. 7
  • 2009, c. 28, s. 11
  • 2014, c. 31, s. 24
  • 2019, c. 25, s. 302

Marginal note:Restitution to persons acting in good faith

739  Where an offender is convicted or discharged under section 730 of an offence and

  • (a) any property obtained as a result of the commission of the offence has been conveyed or transferred for valuable consideration to a person acting in good faith and without notice, or

  • (b) the offender has borrowed money on the security of that property from a person acting in good faith and without notice,

the court may, where that property has been returned to the lawful owner or the person who had lawful possession of that property at the time the offence was committed, order the offender to pay as restitution to the person referred to in paragraph (a) or (b) an amount not exceeding the amount of consideration for that property or the total amount outstanding in respect of the loan, as the case may be.

  • R.S., 1985, c. C-46, s. 739
  • R.S., 1985, c. 27 (1st Supp.), s. 163, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 6

Marginal note:Ability to pay

739.1  The offender's financial means or ability to pay does not prevent the court from making an order under section 738 or 739.

  • 2015, c. 13, s. 30

Marginal note:Payment under order

739.2  In making an order under section 738 or 739, the court shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court is of the opinion that the amount should be paid in instalments, in which case the court shall set out a periodic payment scheme in the order.

  • 2015, c. 13, s. 30

Marginal note:More than one person

739.3  An order under section 738 or 739 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.

  • 2015, c. 13, s. 30

Marginal note:Public authority

  • 739.4 (1) On the request of a person in whose favour an order under section 738 or 739 would be made, the court may make the order in favour of a public authority, designated by the regulations, who is to be responsible for enforcing the order and remitting to the person making the request all amounts received under it.

  • Marginal note:Orders

    (2) The lieutenant governor in council of a province may, by order, designate any person or body as a public authority for the purpose of subsection (1).

  • 2015, c. 13, s. 30

Marginal note:Priority to restitution

740  Where the court finds it applicable and appropriate in the circumstances of a case to make, in relation to an offender, an order of restitution under section 738 or 739, and

  • (a) an order of forfeiture under this or any other Act of Parliament may be made in respect of property that is the same as property in respect of which the order of restitution may be made, or

  • (b) the court is considering ordering the offender to pay a fine and it appears to the court that the offender would not have the means or ability to comply with both the order of restitution and the order to pay the fine,

the court shall first make the order of restitution and shall then consider whether and to what extent an order of forfeiture or an order to pay a fine is appropriate in the circumstances.

  • R.S., 1985, c. C-46, s. 740
  • 1995, c. 22, s. 6

Marginal note:Enforcing restitution order

  • 741 (1) An offender who fails to pay all of the amount that is ordered to be paid under section 732.1, 738, 739 or 742.3 by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order and the person to whom the amount, or the periodic payment, as the case may be, was to be made may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

  • Marginal note:Moneys found on offender

    (2) All or any part of an amount that is ordered to be paid under section 738 or 739 may be taken out of moneys found in the possession of the offender at the time of the arrest of the offender if the court making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

  • R.S., 1985, c. C-46, s. 741
  • R.S., 1985, c. 27 (1st Supp.), s. 164
  • 1995, c. 22, s. 6
  • 2004, c. 12, s. 13
  • 2015, c. 13, s. 31

Marginal note:Notice of orders of restitution

741.1  If a court makes an order of restitution under section 738 or 739, it shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid, and if it is to be paid to a public authority designated by regulations made under subsection 739.4(2), to the public authority and the person to whom the public authority is to remit amounts received under the order.

  • R.S., 1985, c. 24 (2nd Supp.), s. 47
  • 1992, c. 11, s. 14, c. 20, s. 202
  • 1995, c. 19, s. 37, c. 22, s. 6
  • 2015, c. 13, s. 32

Marginal note:Civil remedy not affected

741.2  A civil remedy for an act or omission is not affected by reason only that an order for restitution under section 738 or 739 has been made in respect of that act or omission.

  • 1992, c. 20, s. 203
  • 1995, c. 22, s. 6, c. 42, s. 75

Conditional Sentence of Imprisonment

Marginal note:Definitions

742  In sections 742.1 to 742.7,

change

change , in relation to optional conditions, includes deletions and additions; (modification)

optional conditions

optional conditions  means the conditions referred to in subsection 742.3(2); (conditions facultatives)

supervisor

supervisor  means a person designated by the Attorney General, either by name or by title of office, as a supervisor for the purposes of sections 742.1 to 742.7. (agent de surveillance)

  • R.S., 1985, c. C-46, s. 742
  • R.S., 1985, c. 27 (1st Supp.), s. 165
  • 1992, c. 11, s. 15
  • 1995, c. 22, s. 6

Marginal note:Imposing of conditional sentence

742.1  If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender's behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under section 742.3, if

  • (a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2;

  • (b) the offence is not an offence punishable by a minimum term of imprisonment;

  • (c) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life;

  • (d) the offence is not a terrorism offence, or a criminal organization offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years or more;

  • (e) the offence is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that

    • (i) resulted in bodily harm,

    • (ii) involved the import, export, trafficking or production of drugs, or

    • (iii) involved the use of a weapon; and

  • (f) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:

    • (i) section 144 (prison breach),

    • (ii) section 264 (criminal harassment),

    • (iii) section 271 (sexual assault),

    • (iv) section 279 (kidnapping),

    • (v) section 279.02 (trafficking in persons — material benefit),

    • (vi) section 281 (abduction of person under fourteen),

    • (vii) section 333.1 (motor vehicle theft),

    • (viii) paragraph 334(a) (theft over $5000),

    • (ix) paragraph 348(1)(e) (breaking and entering a place other than a dwelling-house),

    • (x) section 349 (being unlawfully in a dwelling-house), and

    • (xi) section 435 (arson for fraudulent purpose).

  • 1992, c. 11, s. 16
  • 1995, c. 19, s. 38, c. 22, s. 6
  • 1997, c. 18, s. 107.1
  • 2007, c. 12, s. 1
  • 2012, c. 1, s. 34

Marginal note:Firearm, etc., prohibitions

  • 742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable.

  • Marginal note:Application of section 109 or 110

    (2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.

  • 1995, c. 22, s. 6
  • 2002, c. 13, s. 75
  • 2004, c. 12, s. 14(E)

Marginal note:Compulsory conditions of conditional sentence order

  • 742.3 (1) The court shall prescribe, as conditions of a conditional sentence order, that the offender do all of the following:

    • (a) keep the peace and be of good behaviour;

    • (b) appear before the court when required to do so by the court;

    • (c) report to a supervisor

      • (i) within two working days, or such longer period as the court directs, after the making of the conditional sentence order, and

      • (ii) thereafter, when required by the supervisor and in the manner directed by the supervisor;

    • (d) remain within the jurisdiction of the court unless written permission to go outside that jurisdiction is obtained from the court or the supervisor; and

    • (e) notify the court or the supervisor in advance of any change of name or address, and promptly notify the court or the supervisor of any change of employment or occupation.

  • (1.1)[Repealed, 2019, c. 25, s. 303]

  • (1.2)[Repealed, 2019, c. 25, s. 303]

  • (1.3)[Repealed, 2019, c. 25, s. 303]

  • Marginal note:Optional conditions of conditional sentence order

    (2) The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:

    • (a) abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (a.1) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, the supervisor or someone designated under subsection (7) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to suspect that the offender has breached a condition of the order that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (a.2) provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified by the supervisor in a notice in Form 51 served on the offender, if a condition of the order requires the offender to abstain from the consumption of drugs, alcohol or any other intoxicating substance;

    • (a.3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

    • (b) abstain from owning, possessing or carrying a weapon;

    • (c) provide for the support or care of dependants;

    • (d) perform up to 240 hours of community service over a period not exceeding eighteen months;

    • (e) attend a treatment program approved by the province; and

    • (f) comply with such other reasonable conditions as the court considers desirable, subject to any regulations made under subsection 738(2), for securing the good conduct of the offender and for preventing a repetition by the offender of the same offence or the commission of other offences.

  • Marginal note:Obligations of court

    (3) A court that makes an order under this section shall

    • (a) cause a copy of the order to be given to the offender and, on request, to the victim;

    • (b) explain the substance of subsection (1) and sections 742.4 and 742.6 to the offender;

    • (c) cause an explanation to be given to the offender of the procedure for applying under section 742.4 for a change to the optional conditions; and

    • (d) take reasonable measures to ensure that the offender understands the order and the explanations.

  • Marginal note:For greater certainty

    (4) For greater certainty, a failure to comply with subsection (3) does not affect the validity of the order.

  • Marginal note:Notice — samples at regular intervals

    (5) The notice referred to in paragraph (2)(a.2) must specify the places and times at which and the days on which the offender must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the offender is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • Marginal note:Designations and specifications

    (6) For the purposes of paragraphs (2)(a.1) and (a.2) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

    • (a) designate the persons or classes of persons that may take samples of bodily substances;

    • (b) designate the places or classes of places at which the samples are to be taken;

    • (c) specify the manner in which the samples are to be taken;

    • (d) specify the manner in which the samples are to be analyzed;

    • (e) specify the manner in which the samples are to be stored, handled and destroyed;

    • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

    • (g) designate the persons or classes of persons that may destroy the samples; and

    • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

  • Marginal note:Further designations

    (7) For the purpose of paragraph (2)(a.1) and subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate persons or classes of persons to make a demand for a sample of a bodily substance.

  • Marginal note:Restriction

    (8) Samples of bodily substances referred to in paragraphs (2)(a.1) and (a.2) may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (6).

  • Marginal note:Destruction of samples

    (9) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a conditional sentence order to be destroyed within the periods prescribed by regulation, unless the samples are reasonably expected to be used as evidence in proceedings under section 742.6.

  • Marginal note:Regulations

    (10) The Governor in Council may make regulations

    • (a) prescribing bodily substances for the purposes of paragraphs (2)(a.1) and (a.2);

    • (b) respecting the designations and specifications referred to in subsections (6) and (7);

    • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (9); and

    • (d) respecting any other matters relating to the samples of bodily substances.

  • 1995, c. 22, s. 6
  • 2008, c. 18, s. 40
  • 2011, c. 7, s. 5
  • 2014, c. 21, s. 3
  • 2015, c. 13, s. 33
  • 2019, c. 25, s. 303

Marginal note:Prohibition on use of bodily substance

  • 742.31 (1) No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a conditional sentence order.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a conditional sentence order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of proceedings under section 742.6 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 6

Marginal note:Supervisor may propose changes to optional conditions

  • 742.4 (1) Where an offender's supervisor is of the opinion that a change in circumstances makes a change to the optional conditions desirable, the supervisor shall give written notification of the proposed change, and the reasons for it, to the offender, to the prosecutor and to the court.

  • Marginal note:Hearing

    (2) Within seven days after receiving a notification referred to in subsection (1),

    • (a) the offender or the prosecutor may request the court to hold a hearing to consider the proposed change, or

    • (b) the court may, of its own initiative, order that a hearing be held to consider the proposed change,

    and a hearing so requested or ordered shall be held within thirty days after the receipt by the court of the notification referred to in subsection (1).

  • Marginal note:Decision at hearing

    (3) At a hearing held pursuant to subsection (2), the court

    • (a) shall approve or refuse to approve the proposed change; and

    • (b) may make any other change to the optional conditions that the court deems appropriate.

  • Marginal note:Where no hearing requested or ordered

    (4) Where no request or order for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect fourteen days after the receipt by the court of the notification referred to in subsection (1), and the supervisor shall so notify the offender and file proof of that notification with the court.

  • Marginal note:Changes proposed by offender or prosecutor

    (5) Subsections (1) and (3) apply, with such modifications as the circumstances require, in respect of a change proposed by the offender or the prosecutor to the optional conditions, and in all such cases a hearing must be held, and must be held within thirty days after the receipt by the court of the notification referred to in subsection (1).

  • Marginal note:Judge may act in chambers

    (6) All the functions of the court under this section may be exercised in chambers.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 39

Marginal note:Transfer of order

  • 742.5 (1) Where an offender who is bound by a conditional sentence order becomes a resident of a territorial division, other than the territorial division where the order was made, on the application of a supervisor, the court that made the order may, subject to subsection (1.1), transfer the order to a court in that other territorial division that would, having regard to the mode of trial of the offender, have had jurisdiction to make the order in that other territorial division if the offender had been tried and convicted there of the offence in respect of which the order was made, and the order may thereafter be dealt with and enforced by the court to which it is so transferred in all respects as if that court had made the order.

  • Marginal note:Attorney General's consent

    (1.1) The transfer may be granted only with

    • (a) the consent of the Attorney General of the province in which the conditional sentence order was made, if the two territorial divisions are not in the same province; or

    • (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.

  • Marginal note:Where court unable to act

    (2) Where a court that has made a conditional sentence order or to which a conditional sentence order has been transferred pursuant to subsection (1) is for any reason unable to act, the powers of that court in relation to the conditional sentence order may be exercised by any other court that has equivalent jurisdiction in the same province.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 40

Marginal note:Procedure on breach of condition

  • 742.6 (1) For the purpose of proceedings under this section,

    • (a) the provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice apply, with any modifications that the circumstances require, and any reference in those Parts to committing an offence shall be read as a reference to breaching a condition of a conditional sentence order;

    • (b) the powers of arrest for breach of a condition are those that apply to an indictable offence, with any modifications that the circumstances require, and subsection 495(2) does not apply;

    • (c) despite paragraph (a), if an allegation of breach of condition is made, the proceeding is commenced by

      • (i) the issuance of a warrant for the arrest of the offender for the alleged breach,

      • (ii) the arrest without warrant of the offender for the alleged breach, or

      • (iii) the compelling of the offender's appearance in accordance with paragraph (d);

    • (d) if the offender is already detained or before a court, the offender's appearance may be compelled under the provisions referred to in paragraph (a);

    • (e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender's appearance may be compelled under the provisions referred to in paragraph (a); and

    • (f) any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender, and the provisions that apply to the issuance of telewarrants apply, with any modifications that the circumstances require, as if a breach of condition were an indictable offence.

  • Marginal note:Interim release

    (2) For the purpose of the application of section 515, the release from custody of an offender who is detained on the basis of an alleged breach of a condition of a conditional sentence order shall be governed by subsection 515(6).

  • Marginal note:Hearing

    (3) The hearing of an allegation of a breach of condition shall be commenced within thirty days, or as soon thereafter as is practicable, after

    • (a) the offender's arrest; or

    • (b) the compelling of the offender's appearance in accordance with paragraph (1)(d).

  • Marginal note:Place

    (3.1) The allegation may be heard by any court having jurisdiction to hear that allegation in the place where the breach is alleged to have been committed or the offender is found, arrested or in custody.

  • Marginal note:Attorney General's consent

    (3.2) If the place where the offender is found, arrested or in custody is outside the province in which the breach is alleged to have been committed, no proceedings in respect of that breach shall be instituted in that place without

    • (a) the consent of the Attorney General of the province in which the breach is alleged to have been committed; or

    • (b) the consent of the Attorney General of Canada, if the proceedings that led to the issuance of the conditional sentence order were instituted by or on behalf of the Attorney General of Canada.

  • Marginal note:Adjournment

    (3.3) A judge may, at any time during a hearing of an allegation of breach of condition, adjourn the hearing for a reasonable period.

  • Marginal note:Report of supervisor

    (4) An allegation of a breach of condition must be supported by a written report of the supervisor, which report must include, where appropriate, signed statements of witnesses.

  • Marginal note:Admission of report on notice of intent

    (5) The report is admissible in evidence if the party intending to produce it has, before the hearing, given the offender reasonable notice and a copy of the report.

  • (6) and (7)[Repealed, 2008, c. 18, s. 41]

  • Marginal note:Requiring attendance of supervisor or witness

    (8) The offender may, with leave of the court, require the attendance, for cross-examination, of the supervisor or of any witness whose signed statement is included in the report.

  • Marginal note:Powers of court

    (9) Where the court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may

    • (a) take no action;

    • (b) change the optional conditions;

    • (c) suspend the conditional sentence order and direct

      • (i) that the offender serve in custody a portion of the unexpired sentence, and

      • (ii) that the conditional sentence order resume on the offender's release from custody, either with or without changes to the optional conditions; or

    • (d) terminate the conditional sentence order and direct that the offender be committed to custody until the expiration of the sentence.

  • Marginal note:Warrant or arrest — suspension of running of conditional sentence order

    (10) The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of

    • (a) the issuance of a warrant for the arrest of the offender for the alleged breach,

    • (b) the arrest without warrant of the offender for the alleged breach, and

    • (c) the compelling of the offender's appearance in accordance with paragraph (1)(d).

  • Marginal note:Conditions continue

    (11) If the offender is not detained in custody during any period referred to in subsection (10), the conditions of the order continue to apply, with any changes made to them under section 742.4, and any subsequent breach of those conditions may be dealt with in accordance with this section.

  • Marginal note:Detention under s. 515(6)

    (12) A conditional sentence order referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.

  • Marginal note:Earned remission does not apply

    (13) Section 6 of the Prisons and Reformatories Act does not apply to the period of detention in custody under subsection 515(6).

  • Marginal note:Unreasonable delay in execution

    (14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15).

  • Marginal note:Allegation dismissed or reasonable excuse

    (15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence order:

    • (a) any period for which the running of the conditional sentence order was suspended; and

    • (b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence order runs while the offender is detained under an order referred to in that subsection.

  • Marginal note:Powers of court

    (16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence order.

  • Marginal note:Considerations

    (17) In exercising its discretion under subsection (16), a court shall consider

    • (a) the circumstances and seriousness of the breach;

    • (b) whether not making the order would cause the offender undue hardship based on the offender's individual circumstances; and

    • (c) the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 41
  • 2004, c. 12, s. 15(E)
  • 2008, c. 18, s. 41
  • 2019, c. 25, s. 304

Marginal note:If person imprisoned for new offence

  • 742.7 (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.

  • Marginal note:Breach of condition

    (2) If an order is made under paragraph 742.6(9)(c) or (d) to commit an offender to custody, the custodial period ordered shall, unless the court considers that it would not be in the interests of justice, be served consecutively to any other period of imprisonment that the offender is serving when that order is made.

  • Marginal note:Multiple sentences

    (3) If an offender is serving both a custodial period referred to in subsection (2) and any other period of imprisonment, the periods shall, for the purpose of section 743.1 and section 139 of the Corrections and Conditional Release Act, be deemed to constitute one sentence of imprisonment.

  • Marginal note:Conditional sentence order resumes

    (4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.

  • 1995, c. 22, s. 6
  • 1999, c. 5, s. 42
  • 2004, c. 12, s. 16(E)

Imprisonment

Marginal note:Imprisonment when no other provision

743  Every one who is convicted of an indictable offence for which no punishment is specially provided is liable to imprisonment for a term not exceeding five years.

  • R.S., 1985, c. C-46, s. 743
  • 1992, c. 11, s. 16
  • 1995, c. 22, s. 6

Marginal note:Imprisonment for life or more than two years

  • 743.1 (1) Except where otherwise provided, a person who is sentenced to imprisonment for

    • (a) life,

    • (b) a term of two years or more, or

    • (c) two or more terms of less than two years each that are to be served one after the other and that, in the aggregate, amount to two years or more,

    shall be sentenced to imprisonment in a penitentiary.

  • Marginal note:Subsequent term less than two years

    (2) Where a person who is sentenced to imprisonment in a penitentiary is, before the expiration of that sentence, sentenced to imprisonment for a term of less than two years, the person shall serve that term in a penitentiary, but if the previous sentence of imprisonment in a penitentiary is set aside, that person shall serve that term in accordance with subsection (3).

  • Marginal note:Imprisonment for term less than two years

    (3) A person who is sentenced to imprisonment and who is not required to be sentenced as provided in subsection (1) or (2) shall, unless a special prison is prescribed by law, be sentenced to imprisonment in a prison or other place of confinement, other than a penitentiary, within the province in which the person is convicted, in which the sentence of imprisonment may be lawfully executed.

  • Marginal note:Long-term supervision

    (3.1) Despite subsection (3), an offender who is subject to long-term supervision under Part XXIV and is sentenced for another offence during the period of the supervision shall be sentenced to imprisonment in a penitentiary.

  • Marginal note:Sentence to penitentiary of person serving sentence elsewhere

    (4) Where a person is sentenced to imprisonment in a penitentiary while the person is lawfully imprisoned in a place other than a penitentiary, that person shall, except where otherwise provided, be sent immediately to the penitentiary, and shall serve in the penitentiary the unexpired portion of the term of imprisonment that that person was serving when sentenced to the penitentiary as well as the term of imprisonment for which that person was sentenced to the penitentiary.

  • Marginal note:Transfer to penitentiary

    (5) Where, at any time, a person who is imprisoned in a prison or place of confinement other than a penitentiary is subject to two or more terms of imprisonment, each of which is for less than two years, that are to be served one after the other, and the aggregate of the unexpired portions of those terms at that time amounts to two years or more, the person shall be transferred to a penitentiary to serve those terms, but if any one or more of such terms is set aside or reduced and the unexpired portions of the remaining term or terms on the day on which that person was transferred under this section amounted to less than two years, that person shall serve that term or terms in accordance with subsection (3).

  • Marginal note:Newfoundland

    (6) For the purposes of subsection (3), "penitentiary" does not, until a day to be fixed by order of the Governor in Council, include the facility mentioned in subsection 15(2) of the Corrections and Conditional Release Act.

  • 1992, c. 11, s. 16
  • 1995, c. 19, s. 39, c. 22, s. 6
  • 1997, c. 17, s. 1
  • 2008, c. 6, s. 39

Marginal note:Report by court to Correctional Service

743.2  A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, and any other information relevant to administering the sentence or committal.

  • 1995, c. 22, s. 6

Marginal note:Non-communication order

  • 743.21 (1) The sentencing judge may issue an order prohibiting the offender from communicating, directly or indirectly, with any victim, witness or other person identified in the order during the custodial period of the sentence, except in accordance with any conditions specified in the order that the sentencing judge considers necessary.

  • Marginal note:Failure to comply with order

    (2) Every person who fails, without lawful excuse, to comply with the order

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • 2008, c. 18, s. 42
  • 2018, c. 29, s. 67
  • 2019, c. 25, s. 305

Marginal note:Sentence served according to regulations

743.3  A sentence of imprisonment shall be served in accordance with the enactments and rules that govern the institution to which the prisoner is sentenced.

  • 1995, c. 22, s. 6

743.4 [Repealed, 2002, c. 1, s. 184]

Marginal note:Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act

  • 743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the remaining portion of the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act

    (2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Sentences deemed to constitute one sentence — section 743.1

    (3) For greater certainty, the following are deemed to constitute one sentence of imprisonment for the purposes of section 139 of the Corrections and Conditional Release Act:

    • (a) for the purposes of subsection (1), the remainder of the youth sentence or disposition and the subsequent term of imprisonment; and

    • (b) for the purposes of subsection (2), the term of imprisonment and the subsequent youth sentence or disposition.

  • 1995, c. 22, ss. 6, 19, 20
  • 2002, c. 1, s. 184
  • 2008, c. 18, s. 43

Eligibility for Parole

Marginal note:Power of court to delay parole

  • 743.6 (1) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where an offender receives, on or after November 1, 1992, a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for an offence set out in Schedule I or II to that Act that was prosecuted by way of indictment, the court may, if satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence or the objective of specific or general deterrence so requires, order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

  • Marginal note:Power of court to delay parole

    (1.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence other than an offence under section 467.11, 467.111, 467.12 or 467.13, the court may order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less.

  • Marginal note:Power of court to delay parole

    (1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence or an offence under section 467.11, 467.111, 467.12 or 467.13, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

  • Marginal note:Principles that are to guide the court

    (2) For greater certainty, the paramount principles which are to guide the court under this section are denunciation and specific or general deterrence, with rehabilitation of the offender, in all cases, being subordinate to these paramount principles.

  • 1995, c. 22, s. 6, c. 42, s. 86
  • 1997, c. 23, s. 18
  • 2001, c. 32, s. 45, c. 41, ss. 21, 133
  • 2014, c. 17, ss. 15, 16

Delivery of Offender to Keeper of Prison

Marginal note:Execution of warrant of committal

744  A peace officer or other person to whom a warrant of committal authorized by this or any other Act of Parliament is directed shall arrest the person named or described therein, if it is necessary to do so in order to take that person into custody, convey that person to the prison mentioned in the warrant and deliver that person, together with the warrant, to the keeper of the prison who shall thereupon give to the peace officer or other person who delivers the prisoner a receipt in Form 43 setting out the state and condition of the prisoner when delivered into custody.

  • R.S., 1985, c. C-46, s. 744
  • R.S., 1985, c. 27 (1st Supp.), s. 166, c. 1 (4th Supp.), s. 18(F)
  • 1992, c. 11, s. 16
  • 1995, c. 22, s. 6

Imprisonment for Life

Marginal note:Sentence of life imprisonment

745  Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be

  • (a) in respect of a person who has been convicted of high treason or first degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (b) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of culpable homicide that is murder, however described in this Act, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (b.1) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

  • (c) in respect of a person who has been convicted of second degree murder, that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least ten years of the sentence or such greater number of years, not being more than twenty-five years, as has been substituted therefor pursuant to section 745.4; and

  • (d) in respect of a person who has been convicted of any other offence, that the person be sentenced to imprisonment for life with normal eligibility for parole.

  • R.S., 1985, c. C-46, s. 745
  • R.S., 1985, c. 27 (2nd Supp.), s. 10
  • 1990, c. 17, s. 14
  • 1992, c. 51, s. 39
  • 1995, c. 22, s. 6
  • 2000, c. 24, s. 46

Marginal note:Information in respect of parole

  • 745.01 (1) Except where subsection 745.6(2) applies, at the time of sentencing under paragraph 745(a), (b) or (c), the judge who presided at the trial of the offender shall state the following, for the record:

    The offender has been found guilty of (state offence) and sentenced to imprisonment for life. The offender is not eligible for parole until (state date). However, after serving at least 15 years of the sentence, the offender may apply under section 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if the offender is convicted of an offence committed on or after the day on which this subsection comes into force.

  • 1999, c. 25, s. 21(Preamble)
  • 2011, c. 2, s. 2

Marginal note:Persons under eighteen

745.1  The sentence to be pronounced against a person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder 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

  • (a) such period between five and seven years of the sentence as is specified by the judge presiding at the trial, or if no period is specified by the judge presiding at the trial, five years, in the case of a person who was under the age of sixteen at the time of the commission of the offence;

  • (b) ten years, in the case of a person convicted of first degree murder who was sixteen or seventeen years of age at the time of the commission of the offence; and

  • (c) seven years, in the case of a person convicted of second degree murder who was sixteen or seventeen years of age at the time of the commission of the offence.

  • 1995, c. 22, ss. 6, 21

Marginal note:Recommendation by jury

745.2  Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the ten year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than ten but not more than twenty-five.

  • 1995, c. 22, s. 6

Marginal note:Recommendation by jury — multiple murders

  • 745.21 (1) Where a jury finds an accused guilty of murder and that accused has previously been convicted of murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

    You have found the accused guilty of murder. The law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period without eligibility for parole to be served for this murder consecutively to the period without eligibility for parole imposed for the previous murder? You are not required to make any recommendation, but if you do, your recommendation will be considered by me when I make my determination.

  • Marginal note:Application

    (2) Subsection (1) applies to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

  • 2011, c. 5, s. 4

Marginal note:Persons under sixteen

745.3  Where a jury finds an accused guilty of first degree murder or second degree murder and the accused was under the age of sixteen at the time of the commission of the offence, the judge presiding at the trial shall, before discharging the jury, put to them the following question:

You have found the accused guilty of first degree murder (or second degree murder) and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the period of imprisonment that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining the period of imprisonment that is between five years and seven years that the law would require the accused to serve before the accused is eligible to be considered for release on parole.

  • 1995, c. 22, ss. 6, 22

Marginal note:Ineligibility for parole

745.4  Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, 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, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.2, by order, substitute for ten years a number of years of imprisonment (being more than ten but not more than twenty-five) without eligibility for parole, as the judge deems fit in the circumstances.

  • 1995, c. 22, s. 6

Marginal note:Idem

745.5  At the time of the sentencing under section 745.1 of an offender who is convicted of first degree murder or second degree murder and who was under the age of sixteen at the time of the commission of the offence, 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, having regard to the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made pursuant to section 745.3, by order, decide the period of imprisonment the offender is to serve that is between five years and seven years without eligibility for parole, as the judge deems fit in the circumstances.

  • 1995, c. 22, ss. 6, 23

Marginal note:Ineligibility for parole — multiple murders

  • 745.51 (1) At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, 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, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made pursuant to section 745.21, by order, decide that the periods without eligibility for parole for each murder conviction are to be served consecutively.

  • Marginal note:Reasons

    (2) The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).

  • Marginal note:Application

    (3) Subsections (1) and (2) apply to an offender who is convicted of murders committed on a day after the day on which this section comes into force and for which the offender is sentenced under this Act, the National Defence Act or the Crimes Against Humanity and War Crimes Act.

  • 2011, c. 5, s. 5

Marginal note:Application for judicial review

  • 745.6 (1) Subject to subsections (2) to (2.6), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

    • (a) has been convicted of murder or high treason;

    • (a.1) committed the murder or high treason before the day on which this paragraph comes into force;

    • (b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and

    • (c) has served at least fifteen years of their sentence.

  • Marginal note:Exception — multiple murderers

    (2) A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.

  • Marginal note:Less than 15 years of sentence served

    (2.1) A person who is convicted of murder or high treason and who has served less than 15 years of their sentence on the day on which this subsection comes into force may, within 90 days after the day on which they have served 15 years of their sentence, make an application under subsection (1).

  • Marginal note:At least 15 years of sentence served

    (2.2) A person who is convicted of murder or high treason and who has served at least 15 years of their sentence on the day on which this subsection comes into force may make an application under subsection (1) within 90 days after

    • (a) the end of five years after the day on which the person was the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies; or

    • (b) the day on which this subsection comes into force, if the person has not made an application under subsection (1).

  • Marginal note:Non-application of subsection (2.2)

    (2.3) Subsection (2.2) has no effect on a determination or decision made under subsection 745.61(3) or (5) or 745.63(3), (5) or (6) as it read immediately before the day on which this subsection comes into force. A person in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) as it read immediately before that day may make an application under subsection (1) within 90 days after the end of that time.

  • Marginal note:Further five-year period if no application made

    (2.4) If the person does not make an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, they may make an application within 90 days after the day on which they have served a further five years of their sentence following the 90-day period referred to in that subsection, as the case may be.

  • Marginal note:Subsequent applications

    (2.5) A person who makes an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, may make another application under subsection (1) within 90 days after

    • (a) the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a), if a time is set under that paragraph; or

    • (b) the end of five years after the day on which the person is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies, if the person is the subject of such a determination or conclusion.

  • Marginal note:Subsequent applications

    (2.6) A person who had made an application under subsection (1) as it read immediately before the day on which this subsection comes into force, whose application was finally disposed of on or after that day and who has then made a subsequent application may make a further application in accordance with subsection (2.5), if either paragraph (2.5)(a) or (b) is applicable.

  • (2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.

  • (2.8) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).

  • Definition of appropriate Chief Justice

    (3) For the purposes of this section and sections 745.61 to 745.64, the appropriate Chief Justice is

    • (a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;

    • (b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;

    • (c) in relation to the Province of Newfoundland and Labrador, the Chief Justice of the Supreme Court, Trial Division;

    • (d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen's Bench;

    • (e) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Chief Justice of the Supreme Court; and

    • (f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal.

  • 1993, c. 28, s. 78
  • 1995, c. 22, s. 6
  • 1996, c. 34, s. 2
  • 1998, c. 15, s. 20
  • 2002, c. 7, s. 146
  • 2011, c. 2, s. 3
  • 2015, c. 3, s. 55

Marginal note:Judicial screening

  • 745.61 (1) On receipt of an application under subsection 745.6(1), the appropriate Chief Justice shall determine, or shall designate a judge of the superior court of criminal jurisdiction to determine, on the basis of the following written material, whether the applicant has shown, on a balance of probabilities, that there is a substantial likelihood that the application will succeed:

    • (a) the application;

    • (b) any report provided by the Correctional Service of Canada or other correctional authorities; and

    • (c) any other written evidence presented to the Chief Justice or judge by the applicant or the Attorney General.

  • Marginal note:Criteria

    (2) In determining whether the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge shall consider the criteria set out in paragraphs 745.63(1)(a) to (e), with any modifications that the circumstances require.

  • Marginal note:Decision re new application

    (3) If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed, the Chief Justice or judge may

    • (a) set a time, no earlier than five years after the date of the determination, at or after which the applicant may make another application under subsection 745.6(1); or

    • (b) decide that the applicant may not make another application under that subsection.

  • Marginal note:If no decision re new application

    (4) If the Chief Justice or judge determines that the applicant has not shown that there is a substantial likelihood that the application will succeed but does not set a time for another application or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination.

  • Marginal note:Designation of judge to empanel jury

    (5) If the Chief Justice or judge determines that the applicant has shown that there is a substantial likelihood that the application will succeed, the Chief Justice shall designate a judge of the superior court of criminal jurisdiction to empanel a jury to hear the application.

  • 1996, c. 34, s. 2
  • 2011, c. 2, s. 4

Marginal note:Appeal

  • 745.62 (1) The applicant or the Attorney General may appeal to the Court of Appeal from a determination or a decision made under section 745.61 on any question of law or fact or mixed law and fact.

  • Marginal note:Documents to be considered

    (2) The appeal shall be determined on the basis of the documents presented to the Chief Justice or judge who made the determination or decision, any reasons for the determination or decision and any other documents that the Court of Appeal requires.

  • Marginal note:Sections to apply

    (3) Sections 673 to 696 apply, with such modifications as the circumstances require.

  • 1996, c. 34, s. 2

Marginal note:Hearing of application

  • 745.63 (1) The jury empanelled under subsection 745.61(5) to hear the application shall consider the following criteria and determine whether the applicant's number of years of imprisonment without eligibility for parole ought to be reduced:

    • (a) the character of the applicant;

    • (b) the applicant's conduct while serving the sentence;

    • (c) the nature of the offence for which the applicant was convicted;

    • (d) any information provided by a victim at the time of the imposition of the sentence or at the time of the hearing under this section; and

    • (e) any other matters that the judge considers relevant in the circumstances.

  • Marginal note:Information provided by victim

    (1.1) Information provided by a victim referred to in paragraph (1)(d) may be provided either orally or in writing, at the discretion of the victim, or in any other manner that the judge considers appropriate.

  • (2)[Repealed, 2015, c. 13, s. 34]

  • Marginal note:Reduction

    (3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by unanimous vote.

  • Marginal note:No reduction

    (4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if

    • (a) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced;

    • (b) the jury hearing an application under subsection (1) concludes that it cannot unanimously determine that the number of years ought to be reduced; or

    • (c) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to unanimously determine that the number of years ought to be reduced.

  • Marginal note:Where determination to reduce number of years

    (5) If the jury determines that the number of years of imprisonment without eligibility for parole ought to be reduced, the jury may, by a vote of not less than two thirds of the members of the jury,

    • (a) substitute a lesser number of years of imprisonment without eligibility for parole than that then applicable; or

    • (b) terminate the ineligibility for parole.

  • Marginal note:Decision re new application

    (6) If the applicant's number of years of imprisonment without eligibility for parole is not reduced, the jury may

    • (a) set a time, no earlier than five years after the date of the determination or conclusion under subsection (4), at or after which the applicant may make another application under subsection 745.6(1); or

    • (b) decide that the applicant may not make another application under that subsection.

  • Marginal note:Two-thirds decision

    (7) The decision of the jury under paragraph (6)(a) or (b) must be made by not less than two thirds of its members.

  • Marginal note:If no decision re new application

    (8) If the jury does not set a date on or after which another application may be made or decide that such an application may not be made, the applicant may make another application no earlier than five years after the date of the determination or conclusion under subsection (4).

  • 1996, c. 34, s. 2
  • 1999, c. 25, s. 22(Preamble)
  • 2011, c. 2, s. 5
  • 2015, c. 13, s. 34

Marginal note:Rules

  • 745.64 (1) The appropriate Chief Justice in each province or territory may make such rules as are required for the purposes of sections 745.6 to 745.63.

  • Marginal note: Statutory Instruments Act

    (1.1) The Statutory Instruments Act does not apply to those rules.

  • Marginal note:Territories

    (2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be.

  • 1996, c. 34, s. 2
  • 1999, c. 3, s. 53
  • 2002, c. 7, s. 147(E)
  • 2019, c. 25, s. 306

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 or 745.6, there shall be included any time spent in custody between

  • (a) in the case of a sentence of imprisonment for life after July 25, 1976, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to imprisonment for life and the day the sentence was imposed; or

  • (b) in the case of a sentence of death that has been or is deemed to have been commuted to a sentence of imprisonment for life, the day on which the person was arrested and taken into custody in respect of the offence for which that person was sentenced to death and the day the sentence was commuted or deemed to have been commuted to a sentence of imprisonment for life.

  • R.S., 1985, c. C-46, s. 746
  • 1995, c. 19, s. 41, c. 22, ss. 6, 24

Marginal note:Parole prohibited

  • 746.1 (1) Unless Parliament otherwise provides by an enactment making express reference to this section, a person who has been sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act shall not be considered for parole or released pursuant to a grant of parole under the Corrections and Conditional Release Act or any other Act of Parliament until the expiration or termination of the specified number of years of imprisonment.

  • Marginal note:Absence with or without escort and day parole

    (2) Subject to subsection (3), in respect of a person sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but three years of the specified number of years of imprisonment,

    • (a) no day parole may be granted under the Corrections and Conditional Release Act;

    • (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    • (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

  • Marginal note:Young offenders

    (3) In the case of any person convicted of first degree murder or second degree murder who was under the age of eighteen at the time of the commission of the offence and who is sentenced to imprisonment for life without eligibility for parole for a specified number of years pursuant to this Act, until the expiration of all but one fifth of the period of imprisonment the person is to serve without eligibility for parole,

    • (a) no day parole may be granted under the Corrections and Conditional Release Act;

    • (b) no absence without escort may be authorized under that Act or the Prisons and Reformatories Act; and

    • (c) except with the approval of the Parole Board of Canada, no absence with escort otherwise than for medical reasons or in order to attend judicial proceedings or a coroner's inquest may be authorized under either of those Acts.

  • 1995, c. 22, s. 6, c. 42, s. 87
  • 1997, c. 17, s. 2
  • 2012, c. 1, ss. 160, 201

747 [Repealed, 1995, c. 22, s. 6]

Pardons and Remissions

Marginal note:To whom pardon may be granted

  • 748 (1) Her Majesty may extend the royal mercy to a person who is sentenced to imprisonment under the authority of an Act of Parliament, even if the person is imprisoned for failure to pay money to another person.

  • Marginal note:Free or conditional pardon

    (2) The Governor in Council may grant a free pardon or a conditional pardon to any person who has been convicted of an offence.

  • Marginal note:Effect of free pardon

    (3) Where the Governor in Council grants a free pardon to a person, that person shall be deemed thereafter never to have committed the offence in respect of which the pardon is granted.

  • Marginal note:Punishment for subsequent offence not affected

    (4) No free pardon or conditional pardon prevents or mitigates the punishment to which the person might otherwise be lawfully sentenced on a subsequent conviction for an offence other than that for which the pardon was granted.

  • R.S., 1985, c. C-46, s. 748
  • 1992, c. 22, s. 12
  • 1995, c. 22, s. 6

Marginal note:Remission by Governor in Council

  • 748.1 (1) The Governor in Council may order the remission, in whole or in part, of a fine or forfeiture imposed under an Act of Parliament, whoever the person may be to whom it is payable or however it may be recoverable.

  • Marginal note:Terms of remission

    (2) An order for remission under subsection (1) may include the remission of costs incurred in the proceedings, but no costs to which a private prosecutor is entitled shall be remitted.

  • 1995, c. 22, s. 6

Marginal note:Royal prerogative

749  Nothing in this Act in any manner limits or affects Her Majesty's royal prerogative of mercy.

  • R.S., 1985, c. C-46, s. 749
  • 1995, c. 22, s. 6

Disabilities

Marginal note:Public office vacated for conviction

  • 750 (1) Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

  • Marginal note:When disability ceases

    (2) A person to whom subsection (1) applies is, until undergoing the punishment imposed on the person or the punishment substituted therefor by competent authority or receives a free pardon from Her Majesty, incapable of holding any office under the Crown or other public employment, or of being elected or sitting or voting as a member of Parliament or of a legislature or of exercising any right of suffrage.

  • Marginal note:Disability to contract

    (3) No person who is convicted of

    • (a) an offence under section 121, 124 or 418,

    • (b) an offence under section 380 committed against Her Majesty, or

    • (c) an offence under paragraph 80(1)(d), subsection 80(2) or section 154.01 of the Financial Administration Act,

    has, after that conviction, capacity to contract with Her Majesty or to receive any benefit under a contract between Her Majesty and any other person or to hold office under Her Majesty.

  • Marginal note:Application for restoration of privileges

    (4) A person to whom subsection (3) applies may, at any time before a record suspension for which he or she has applied is ordered under the Criminal Records Act, apply to the Governor in Council for the restoration of one or more of the capacities lost by the person by virtue of that subsection.

  • Marginal note:Order of restoration

    (5) Where an application is made under subsection (4), the Governor in Council may order that the capacities lost by the applicant by virtue of subsection (3) be restored to that applicant in whole or in part and subject to such conditions as the Governor in Council considers desirable in the public interest.

  • Marginal note:Removal of disability

    (6) Where a conviction is set aside by competent authority, any disability imposed by this section is removed.

  • R.S., 1985, c. C-46, s. 750
  • 1995, c. 22, s. 6
  • 2000, c. 1, s. 9
  • 2006, c. 9, s. 246
  • 2012, c. 1, s. 146

Miscellaneous Provisions

Marginal note:Costs to successful party in case of libel

751  The person in whose favour judgment is given in proceedings by indictment for defamatory libel is entitled to recover from the opposite party costs in a reasonable amount to be fixed by order of the court.

  • R.S., 1985, c. C-46, s. 751
  • 1995, c. 22, s. 6

Marginal note:How recovered

751.1  Where costs that are fixed under section 751 are not paid forthwith, the party in whose favour judgment is given may enter judgment for the amount of the costs by filing the order in any civil court of the province in which the trial was held that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the opposite party in the same manner as if it were a judgment rendered against that opposite party in that court in civil proceedings.

  • 1995, c. 22, s. 6

PART XXIV Dangerous Offenders and Long-term Offenders

Interpretation

Marginal note:Definitions

752  In this Part,

court

court  means the court by which an offender in relation to whom an application under this Part is made was convicted, or a superior court of criminal jurisdiction; (tribunal)

designated offence

designated offence  means

  • (a) a primary designated offence,

  • (b) an offence under any of the following provisions:

    • (i) paragraph 81(1)(a) (using explosives),

    • (ii) paragraph 81(1)(b) (using explosives),

    • (iii) section 85 (using firearm or imitation firearm in commission of offence),

    • (iv) section 87 (pointing firearm),

    • (iv.1) section 98 (breaking and entering to steal firearm),

    • (iv.2) section 98.1 (robbery to steal firearm),

    • (v) section 153.1 (sexual exploitation of person with disability),

    • (vi) section 163.1 (child pornography),

    • (vii) section 170 (parent or guardian procuring sexual activity),

    • (viii) section 171 (householder permitting sexual activity by or in presence of child),

    • (ix) section 172.1 (luring child),

    • (ix.1) section 172.2 (agreement or arrangement — sexual offence against child),

    • (x) to (xii)[Repealed, 2014, c. 25, s. 29]

    • (xiii) section 245 (administering noxious thing),

    • (xiv) section 266 (assault),

    • (xv) section 269 (unlawfully causing bodily harm),

    • (xvi) section 269.1 (torture),

    • (xvii) paragraph 270(1)(a) (assaulting peace officer),

    • (xviii) section 273.3 (removal of child from Canada),

    • (xix) subsection 279(2) (forcible confinement),

    • (xx) section 279.01 (trafficking in persons),

    • (xx.1) section 279.011 (trafficking of a person under the age of eighteen years),

    • (xx.2) section 279.02 (material benefit  — trafficking),

    • (xx.3) section 279.03 (withholding or destroying documents  —  trafficking),

    • (xxi) section 279.1 (hostage taking),

    • (xxii) section 280 (abduction of person under age of 16),

    • (xxiii) section 281 (abduction of person under age of 14),

    • (xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

    • (xxiii.2) section 286.2 (material benefit from sexual services),

    • (xxiii.3) section 286.3 (procuring),

    • (xxiii.4) section 320.13 (dangerous operation),

    • (xxiii.5) subsections 320.14(1), (2) and (3) (operation while impaired),

    • (xxiii.6) section 320.15 (failure or refusal to comply with demand),

    • (xxiii.7) section 320.16 (failure to stop after accident),

    • (xxiii.8) section 320.17 (flight from peace officer),

    • (xxiv) section 344 (robbery), and

    • (xxv) section 348 (breaking and entering with intent, committing offence or breaking out),

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

    • (i) subsection 146(2) (sexual intercourse with female between ages of 14 and 16),

    • (ii) section 148 (sexual intercourse with feeble-minded),

    • (iii) section 166 (parent or guardian procuring defilement), and

    • (iv) section 167 (householder permitting defilement),

  • (c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

    • (i) subsection 212(1) (procuring),

    • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

    • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

    • (iv) subsection 212(4) (prostitution of person under 18 years); or

  • (d) an attempt or conspiracy to commit an offence referred to in paragraph (b), (c) or (c.1); (infraction désignée)

long-term supervision

long-term supervision  means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i); (surveillance de longue durée)

primary designated offence

primary designated offence  means

  • (a) an offence under any of the following provisions:

    • (i) section 151 (sexual interference),

    • (ii) section 152 (invitation to sexual touching),

    • (iii) section 153 (sexual exploitation),

    • (iv) section 155 (incest),

    • (v) section 239 (attempt to commit murder),

    • (vi) section 244 (discharging firearm with intent),

    • (vii) section 267 (assault with weapon or causing bodily harm),

    • (viii) section 268 (aggravated assault),

    • (ix) section 271 (sexual assault),

    • (x) section 272 (sexual assault with weapon, threats to third party or causing bodily harm),

    • (xi) section 273 (aggravated sexual assault), and

    • (xii) subsection 279(1) (kidnapping),

  • (b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

    • (i) section 144 (rape),

    • (ii) section 145 (attempt to commit rape),

    • (iii) section 149 (indecent assault on female),

    • (iv) section 156 (indecent assault on male),

    • (v) subsection 245(2) (assault causing bodily harm), and

    • (vi) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (v) of this paragraph,

  • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

    • (i) section 246.1 (sexual assault),

    • (ii) section 246.2 (sexual assault with weapon, threats to third party or causing bodily harm), and

    • (iii) section 246.3 (aggravated sexual assault),

  • (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

    • (i) subsection 146(1) (sexual intercourse with female under age of 14), and

    • (ii) paragraph 153(1)(a) (sexual intercourse with step-daughter), or

  • (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (d); (infraction primaire)

serious personal injury offence

serious personal injury offence  means

  • (a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving

    • (i) the use or attempted use of violence against another person, or

    • (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person,

    and for which the offender may be sentenced to imprisonment for ten years or more, or

  • (b) an offence or attempt to commit an offence mentioned in section 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)

  • R.S., 1985, c. C-46, s. 752
  • 2008, c. 6, ss. 40, 61
  • 2010, c. 3, s. 8
  • 2012, c. 1, s. 35
  • 2014, c. 25, s. 29
  • 2018, c. 21, s. 25

Dangerous Offenders and Long-Term Offenders

Marginal note:Prosecutor's duty to advise court

752.01  If the prosecutor is of the opinion that an offence for which an offender is convicted is a serious personal injury offence that is a designated offence and that 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 convictions, 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).

  • 2008, c. 6, s. 41

Marginal note:Application for remand for assessment

  • 752.1 (1) On application by the prosecutor, if the court is of the opinion that there are reasonable grounds to believe that an offender who is convicted of a serious personal injury offence or an offence referred to in paragraph 753.1(2)(a) might be found to be a dangerous offender under section 753 or a long-term offender under section 753.1, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under section 753 or 753.1.

  • Marginal note:Report

    (2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.

  • Marginal note:Extension of time

    (3) On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so.

  • 1997, c. 17, s. 4
  • 2008, c. 6, s. 41

Marginal note:Application for finding that an offender is a dangerous offender

  • 753 (1) On application made under this Part after an assessment report is filed under subsection 752.1(2), the court shall find the offender to be a dangerous offender if it is satisfied

    • (a) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (a) of the definition of that expression in section 752 and the offender constitutes a threat to the life, safety or physical or mental well-being of other persons on the basis of evidence establishing

      • (i) a pattern of repetitive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain his or her behaviour,

      • (ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which he or she has been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of his or her behaviour, or

      • (iii) any behaviour by the offender, associated with the offence for which he or she has been convicted, that is of such a brutal nature as to compel the conclusion that the offender's behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint; or

    • (b) that the offence for which the offender has been convicted is a serious personal injury offence described in paragraph (b) of the definition of that expression in section 752 and the offender, by his or her conduct in any sexual matter including that involved in the commission of the offence for which he or she has been convicted, has shown a failure to control his or her sexual impulses and a likelihood of causing injury, pain or other evil to other persons through failure in the future to control his or her sexual impulses.

  • Marginal note:Presumption

    (1.1) If the court is satisfied that the offence for which the offender is convicted is a primary designated offence for which it would be appropriate to impose a sentence of imprisonment of two years or more and that the offender was convicted previously at least twice of a primary designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the conditions in paragraph (1)(a) or (b), as the case may be, are presumed to have been met unless the contrary is proved on a balance of probabilities.

  • Marginal note:Time for making application

    (2) An application under subsection (1) must be made before sentence is imposed on the offender unless

    • (a) before the imposition of sentence, the prosecutor gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) not later than six months after that imposition; and

    • (b) at the time of the application under subsection (1) that is not later than six months after the imposition of sentence, it is shown that relevant evidence that was not reasonably available to the prosecutor at the time of the imposition of sentence became available in the interim.

  • Marginal note:Application for remand for assessment after imposition of sentence

    (3) Notwithstanding subsection 752.1(1), an application under that subsection may be made after the imposition of sentence or after an offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply.

  • Marginal note:Sentence for dangerous offender

    (4) If the court finds an offender to be a dangerous offender, it shall

    • (a) impose a sentence of detention in a penitentiary for an indeterminate period;

    • (b) impose a sentence for the offence for which the offender has been convicted — which must be a minimum punishment of imprisonment for a term of two years — and order that the offender be subject to long-term supervision for a period that does not exceed 10 years; or

    • (c) impose a sentence for the offence for which the offender has been convicted.

  • Marginal note:Sentence of indeterminate detention

    (4.1) The court shall impose a sentence of detention in a penitentiary for an indeterminate period unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a lesser measure under paragraph (4)(b) or (c) will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

  • Marginal note:If application made after sentencing

    (4.2) If the application is made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, a sentence imposed under paragraph (4)(a), or a sentence imposed and an order made under paragraph 4(b), replaces the sentence that was imposed for the offence for which the offender was convicted.

  • Marginal note:If offender not found to be dangerous offender

    (5) If the court does not find an offender to be a dangerous offender,

    • (a) the court may treat the application as an application to find the offender to be a long-term offender, section 753.1 applies to the application and the court may either find that the offender is a long-term offender or hold another hearing for that purpose; or

    • (b) the court may impose sentence for the offence for which the offender has been convicted.

  • (6)[Repealed, 2008, c. 6, s. 42]

  • R.S., 1985, c. C-46, s. 753
  • 1997, c. 17, s. 4
  • 2008, c. 6, s. 42

Marginal note:Application for remand for assessment — later conviction

  • 753.01 (1) If an offender who is found to be a dangerous offender is later convicted of a serious personal injury offence or an offence under subsection 753.3(1), on application by the prosecutor, the court shall, by order in writing, before sentence is imposed, remand the offender, for a period not exceeding 60 days, to the custody of a person designated by the court who can perform an assessment or have an assessment performed by experts for use as evidence in an application under subsection (4).

  • Marginal note:Report

    (2) The person to whom the offender is remanded shall file a report of the assessment with the court not later than 30 days after the end of the assessment period and make copies of it available to the prosecutor and counsel for the offender.

  • Marginal note:Extension of time

    (3) On application by the prosecutor, the court may extend the period within which the report must be filed by a maximum of 30 days if the court is satisfied that there are reasonable grounds to do so.

  • Marginal note:Application for new sentence or order

    (4) After the report is filed, the prosecutor may apply for a sentence of detention in a penitentiary for an indeterminate period, or for an order that the offender be subject to a new period of long-term supervision in addition to any other sentence that may be imposed for the offence.

  • Marginal note:Sentence of indeterminate detention

    (5) If the application is for a sentence of detention in a penitentiary for an indeterminate period, the court shall impose that sentence unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a sentence for the offence for which the offender has been convicted — with or without a new period of long-term supervision — will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

  • Marginal note:New long-term supervision

    (6) If the application is for a new period of long-term supervision, the court shall order that the offender be subject to a new period of long-term supervision in addition to a sentence for the offence for which they have been convicted unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that the sentence alone will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

  • 2008, c. 6, s. 43

Marginal note:Victim evidence

753.02  Any evidence given during the hearing of an application made under subsection 753(1) by a victim of an offence for which the offender was convicted is deemed also to have been given during any hearing held with respect to the offender under paragraph 753(5)(a) or subsection 753.01(5) or (6).

  • 2008, c. 6, s. 43

Marginal note:Application for finding that an offender is a long-term offender

  • 753.1 (1) The court may, on application made under this Part following the filing of an assessment report under subsection 752.1(2), find an offender to be a long-term offender if it is satisfied that

    • (a) it would be appropriate to impose a sentence of imprisonment of two years or more for the offence for which the offender has been convicted;

    • (b) there is a substantial risk that the offender will reoffend; and

    • (c) there is a reasonable possibility of eventual control of the risk in the community.

  • Marginal note:Substantial risk

    (2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

    • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement  —  sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) 273 (aggravated sexual assault) or 279.011 (trafficking  —  person under 18 years) or subsection 279.02(2) (material benefit  —  trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring  —  person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

    • (b) the offender

      • (i) has shown a pattern of repetitive behaviour, of which the offence for which he or she has been convicted forms a part, that shows a likelihood of the offender's causing death or injury to other persons or inflicting severe psychological damage on other persons, or

      • (ii) by conduct in any sexual matter including that involved in the commission of the offence for which the offender has been convicted, has shown a likelihood of causing injury, pain or other evil to other persons in the future through similar offences.

  • Marginal note:Sentence for long-term offender

    (3) If the court finds an offender to be a long-term offender, it shall

    • (a) impose a sentence for the offence for which the offender has been convicted, which must be a minimum punishment of imprisonment for a term of two years; and

    • (b) order that the offender be subject to long-term supervision for a period that does not exceed 10 years.

  • Marginal note:Exception — if application made after sentencing

    (3.1) The court may not impose a sentence under paragraph (3)(a) and the sentence that was imposed for the offence for which the offender was convicted stands despite the offender's being found to be a long-term offender, if the application was one that

    • (a) was made after the offender begins to serve the sentence in a case to which paragraphs 753(2)(a) and (b) apply; and

    • (b) was treated as an application under this section further to the court deciding to do so under paragraph 753(5)(a).

  • (4) and (5)[Repealed, 2008, c. 6, s. 44]

  • Marginal note:If offender not found to be long-term offender

    (6) If the court does not find an offender to be a long-term offender, the court shall impose sentence for the offence for which the offender has been convicted.

  • 1997, c. 17, s. 4
  • 2002, c. 13, s. 76
  • 2008, c. 6, s. 44
  • 2012, c. 1, s. 36
  • 2014, c. 25, s. 30

Marginal note:Long-term supervision

  • 753.2 (1) Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving

    • (a) the sentence for the offence for which the offender has been convicted; and

    • (b) all other sentences for offences for which the offender is convicted and for which sentence of a term of imprisonment is imposed on the offender, either before or after the conviction for the offence referred to in paragraph (a).

  • Marginal note:Sentence served concurrently with supervision

    (2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision.

  • Marginal note:Application for reduction in period of long-term supervision

    (3) An offender who is required to be supervised, a member of the Parole Board of Canada or, on approval of that Board, the offender's parole supervisor, as defined in subsection 99(1) of the Corrections and Conditional Release Act, may apply to a superior court of criminal jurisdiction for an order reducing the period of long-term supervision or terminating it on the ground that the offender no longer presents a substantial risk of reoffending and thereby being a danger to the community. The onus of proving that ground is on the applicant.

  • Marginal note:Notice to Attorney General

    (4) The applicant must give notice of an application under subsection (3) to the Attorney General at the time the application is made.

  • 1997, c. 17, s. 4
  • 2008, c. 6, s. 45
  • 2012, c. 1, ss. 147, 160

Marginal note:Breach of long-term supervision

  • 753.3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Where accused may be tried and punished

    (2) An accused who is charged with an offence under subsection (1) may be tried and punished by any court having jurisdiction to try that offence in the place where the offence is alleged to have been committed or in the place where the accused is found, is arrested or is in custody, but if the place where the accused is found, is arrested or is in custody is outside the province in which the offence is alleged to have been committed, no proceedings in respect of that offence shall be instituted in that place without the consent of the Attorney General of that province.

  • 1997, c. 17, s. 4
  • 2008, c. 6, s. 46
  • 2019, c. 25, s. 307

Marginal note:New offence

  • 753.4 (1) If an offender who is subject to long-term supervision commits one or more offences under this or any other Act and a court imposes a sentence of imprisonment for the offence or offences, the long-term supervision is interrupted until the offender has finished serving all the sentences, unless the court orders its termination.

  • Marginal note:Reduction in term of long-term supervision

    (2) A court that imposes a sentence of imprisonment under subsection (1) may order a reduction in the length of the period of the offender's long-term supervision.

  • 1997, c. 17, s. 4
  • 2008, c. 6, s. 47

Marginal note:Hearing of application

  • 754 (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless

    • (a) the Attorney General of the province in which the offender was tried has, either before or after the making of the application, consented to the application;

    • (b) at least seven days notice has been given to the offender by the prosecutor, following the making of the application, outlining the basis on which it is intended to found the application; and

    • (c) a copy of the notice has been filed with the clerk of the court or the provincial court judge, as the case may be.

  • Marginal note:By court alone

    (2) An application under this Part shall be heard and determined by the court without a jury.

  • Marginal note:When proof unnecessary

    (3) For the purposes of an application under this Part, where an offender admits any allegations contained in the notice referred to in paragraph (1)(b), no proof of those allegations is required.

  • Marginal note:Proof of consent

    (4) The production of a document purporting to contain any nomination or consent that may be made or given by the Attorney General under this Part and purporting to be signed by the Attorney General is, in the absence of any evidence to the contrary, proof of that nomination or consent without proof of the signature or the official character of the person appearing to have signed the document.

  • R.S., 1985, c. C-46, s. 754
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2008, c. 6, s. 48

Marginal note:Exception to long-term supervision — life sentence

  • 755 (1) The court shall not order that an offender be subject to long-term supervision if they have been sentenced to life imprisonment.

  • Marginal note:Maximum length of long-term supervision

    (2) The periods of long-term supervision to which an offender is subject at any particular time must not total more than 10 years.

  • R.S., 1985, c. C-46, s. 755
  • 1997, c. 17, s. 5
  • 2008, c. 6, s. 49

756 [Repealed, 1997, c. 17, s. 5]

Marginal note:Evidence of character

757  Without prejudice to the right of the offender to tender evidence as to their character and repute, if the court thinks fit, evidence of character and repute may be admitted

  • (a) on the question of whether the offender is or is not a dangerous offender or a long-term offender; and

  • (b) in connection with a sentence to be imposed or an order to be made under this Part.

  • R.S., 1985, c. C-46, s. 757
  • 1997, c. 17, s. 5
  • 2008, c. 6, s. 50

Marginal note:Presence of accused at hearing of application

  • 758 (1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard

    • (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or

    • (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), the court may

    • (a) cause the offender to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible; or

    • (b) permit the offender to be out of court during the whole or any part of the hearing on such conditions as the court considers proper.

  • R.S., c. C-34, s. 693
  • 1976-77, c. 53, s. 14

Marginal note:Appeal — offender

  • 759 (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.

  • (1.1)[Repealed, 2008, c. 6, s. 51]

  • Marginal note:Appeal — Attorney General

    (2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.

  • Marginal note:Disposition of appeal

    (3) The court of appeal may

    • (a) allow the appeal and

      • (i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or

      • (ii) order a new hearing, with any directions that the court considers appropriate; or

    • (b) dismiss the appeal.

  • (3.1) and (3.2)[Repealed, 2008, c. 6, s. 51]

  • Marginal note:Effect of decision

    (4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.

  • (4.1) to (5)[Repealed, 2008, c. 6, s. 51]

  • Marginal note:Commencement of sentence

    (6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.

  • Marginal note:Part XXI applies re appeals

    (7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

  • R.S., 1985, c. C-46, s. 759
  • 1995, c. 22, s. 10
  • 1997, c. 17, s. 6
  • 2008, c. 6, s. 51

Marginal note:Disclosure to Correctional Service of Canada

760  Where a court finds an offender to be a dangerous offender or a long-term offender, the court shall order that a copy of all reports and testimony given by psychiatrists, psychologists, criminologists and other experts and any observations of the court with respect to the reasons for the finding, together with a transcript of the trial of the offender, be forwarded to the Correctional Service of Canada for information.

  • R.S., 1985, c. C-46, s. 760
  • 1997, c. 17, s. 7

Marginal note:Review for parole

  • 761 (1) Subject to subsection (2), where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period, the Parole Board of Canada shall, as soon as possible after the expiration of seven years from the day on which that person was taken into custody and not later than every two years after the previous review, review the condition, history and circumstances of that person for the purpose of determining whether he or she should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

  • Marginal note:Idem

    (2) Where a person is in custody under a sentence of detention in a penitentiary for an indeterminate period that was imposed before October 15, 1977, the Parole Board of Canada shall, at least once in every year, review the condition, history and circumstances of that person for the purpose of determining whether he should be granted parole under Part II of the Corrections and Conditional Release Act and, if so, on what conditions.

  • R.S., 1985, c. C-46, s. 761
  • 1992, c. 20, s. 215
  • 1997, c. 17, s. 8
  • 2012, c. 1, s. 160

PART XXV Effect and Enforcement of Undertakings, Release Orders and Recognizances

Marginal note:Applications for forfeiture

  • 762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.

  • Marginal note:Definitions

    (2) In this Part,

    clerk of the court

    clerk of the court  means the officer designated in column III of the schedule in respect of the court designated in column II of the schedule; (greffier du tribunal)

    schedule

    schedule  means the schedule to this Part. (annexe)

  • R.S., 1985, c. C-46, s. 762
  • 2019, c. 25, s. 309

Marginal note:Undertaking or release order binding on person

  • 763 (1) If a person is bound by an undertaking, release order or recognizance to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking, release order or recognizance as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.

  • Marginal note:Summary of certain provisions

    (2) A summary of section 763 must be set out in any undertaking, release order or recognizance.

  • R.S., 1985, c. C-46, s. 763
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 310

Marginal note:Undertaking or release order binding on accused

  • 764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.

  • Marginal note:Committal or new sureties

    (2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.

  • Marginal note:Effect of committal

    (3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).

  • Marginal note:Summary of certain provisions

    (4) A summary of subsections (1) to (3) must be set out in any undertaking or release order.

  • R.S., 1985, c. C-46, s. 764
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 310

Marginal note:Effect of subsequent arrest

765  If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.

  • R.S., 1985, c. C-46, s. 765
  • 2019, c. 25, s. 310

Marginal note:Render of accused by sureties

  • 766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.

  • Marginal note:Arrest

    (2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.

  • Marginal note:Certificate and entry of render

    (3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.

  • Marginal note:Discharge of sureties

    (4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.

  • R.S., 1985, c. C-46, s. 766
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 310

Marginal note:Render of accused in court by sureties

767  A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person's trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.

  • R.S., 1985, c. C-46, s. 767
  • 2019, c. 25, s. 310

Marginal note:Substitution of surety

  • 767.1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.

  • Marginal note:Signing of release order or recognizance by new sureties

    (2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.

  • R.S., 1985, c. 27 (1st Supp.), s. 167
  • 2019, c. 25, s. 310

Marginal note:Rights of surety preserved

768  Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.

  • R.S., 1985, c. C-46, s. 768
  • 2019, c. 25, s. 310

Marginal note:Application of judicial interim release provisions

769  Where a surety for a person has rendered him into custody and that person has been committed to prison, the provisions of Parts XVI, XXI and XXVII relating to judicial interim release apply, with such modifications as the circumstances require, in respect of him and he shall forthwith be taken before a justice or judge as an accused charged with an offence or as an appellant, as the case may be, for the purposes of those provisions.

  • R.S., c. C-34, s. 703
  • R.S., c. 2(2nd Supp.), s. 14

Marginal note:Default to be endorsed

  • 770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out

    • (a) the nature of the default;

    • (b) the reason for the default, if it is known;

    • (c) whether the ends of justice have been defeated or delayed by reason of the default; and

    • (d) the names and addresses of the principal and sureties.

  • Marginal note:Transmission to clerk of court

    (2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.

  • Marginal note:Certificate is evidence

    (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.

  • Marginal note:Transmission of deposit

    (4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.

  • R.S., 1985, c. C-46, s. 770
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1997, c. 18, s. 108
  • 2019, c. 25, s. 311

Marginal note:Proceedings in case of default

  • 771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,

    • (a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General's or counsel's behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and

    • (b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.

  • Marginal note:Order of judge

    (2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge's discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

  • Marginal note:Judgment debtors of the Crown

    (3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.

  • Marginal note:Order may be filed

    (3.1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.

  • Marginal note:Transfer of deposit

    (4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias may be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.

  • R.S., 1985, c. C-46, s. 771
  • R.S., 1985, c. 27 (1st Supp.), s. 168
  • 1994, c. 44, s. 78
  • 1999, c. 5, s. 43
  • 2019, c. 25, s. 311

Marginal note:Levy under writ

  • 772 (1) Where a writ of fieri facias is issued pursuant to section 771, the sheriff to whom it is delivered shall execute the writ and deal with the proceeds thereof in the same manner in which he is authorized to execute and deal with the proceeds of writs of fieri facias issued out of superior courts in the province in civil proceedings.

  • Marginal note:Costs

    (2) Where this section applies, the Crown is entitled to the costs of execution and of proceedings incidental thereto that are fixed, in the Province of Quebec, by any tariff applicable in the Superior Court in civil proceedings, and in any other province, by any tariff applicable in the superior court of the province in civil proceedings, as the judge may direct.

  • R.S., c. C-34, s. 706

Marginal note:Committal when writ not satisfied

  • 773 (1) Where a writ of fieri facias has been issued under this Part and it appears from a certificate in a return made by the sheriff that sufficient goods and chattels, lands and tenements cannot be found to satisfy the writ, or that the proceeds of the execution of the writ are not sufficient to satisfy it, a judge of the court may, upon the application of the Attorney General or counsel acting on his behalf, fix a time and place for the sureties to show cause why a warrant of committal should not be issued in respect of them.

  • Marginal note:Notice

    (2) Seven clear days notice of the time and place fixed for the hearing pursuant to subsection (1) shall be given to the sureties.

  • Marginal note:Hearing

    (3) The judge shall, at the hearing held pursuant to subsection (1), inquire into the circumstances of the case and may in his discretion

    • (a) order the discharge of the amount for which the surety is liable; or

    • (b) make any order with respect to the surety and to his imprisonment that he considers proper in the circumstances and issue a warrant of committal in Form 27.

  • Marginal note:Warrant to committal

    (4) A warrant of committal issued pursuant to this section authorizes the sheriff to take into custody the person in respect of whom the warrant was issued and to confine him in a prison in the territorial division in which the writ was issued or in the prison nearest to the court, until satisfaction is made or until the period of imprisonment fixed by the judge has expired.

  • Definition of Attorney General

    (5) In this section and in section 771, Attorney General means, where subsection 734.4(2) applies, the Attorney General of Canada.

  • R.S., 1985, c. C-46, s. 773
  • 1995, c. 22, s. 10

PART XXVI Extraordinary Remedies

Marginal note:Application of Part

774  This Part applies to proceedings in criminal matters by way of certiorari, habeas corpus, mandamus, procedendo and prohibition.

  • R.S., 1985, c. C-46, s. 774
  • R.S., 1985, c. 27 (1st Supp.), s. 169

Marginal note:Appearance in person — habeas corpus

774.1  Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court.

  • 2002, c. 13, s. 77

Marginal note:Detention on inquiry to determine legality of imprisonment

775  Where proceedings to which this Part applies have been instituted before a judge or court having jurisdiction, by or in respect of a person who is in custody by reason that he is charged with or has been convicted of an offence, to have the legality of his imprisonment determined, the judge or court may, without determining the question, make an order for the further detention of that person and direct the judge, justice or provincial court judge under whose warrant he is in custody, or any other judge, justice or provincial court judge, to take any proceedings, hear such evidence or do any other thing that, in the opinion of the judge or court, will best further the ends of justice.

  • R.S., 1985, c. C-46, s. 775
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Where conviction or order not reviewable

776  No conviction or order shall be removed by certiorari

  • (a) where an appeal was taken, whether or not the appeal has been carried to a conclusion; or

  • (b) where the defendant appeared and pleaded and the merits were tried, and an appeal might have been taken, but the defendant did not appeal.

  • R.S., c. C-34, s. 710

Marginal note:Conviction or order remediable, when

  • 777 (1) No conviction, order or warrant for enforcing a conviction or order shall, on being removed by certiorari, be held to be invalid by reason of any irregularity, informality or insufficiency therein, where the court before which or the judge before whom the question is raised, on perusal of the evidence, is satisfied

    • (a) that an offence of the nature described in the conviction, order or warrant, as the case may be, was committed,

    • (b) that there was jurisdiction to make the conviction or order or issue the warrant, as the case may be, and

    • (c) that the punishment imposed, if any, was not in excess of the punishment that might lawfully have been imposed,

    but the court or judge has the same powers to deal with the proceedings in the manner that the court or judge considers proper that are conferred on a court to which an appeal might have been taken.

  • Marginal note:Correcting punishment

    (2) Where, in proceedings to which subsection (1) applies, the court or judge is satisfied that a person was properly convicted of an offence but the punishment that was imposed is greater than the punishment that might lawfully have been imposed, the court or judge

    • (a) shall correct the sentence,

      • (i) where the punishment is a fine, by imposing a fine that does not exceed the maximum fine that might lawfully have been imposed,

      • (ii) where the punishment is imprisonment, and the person has not served a term of imprisonment under the sentence that is equal to or greater than the term of imprisonment that might lawfully have been imposed, by imposing a term of imprisonment that does not exceed the maximum term of imprisonment that might lawfully have been imposed, or

      • (iii) where the punishment is a fine and imprisonment, by imposing a punishment in accordance with subparagraph (i) or (ii), as the case requires; or

    • (b) shall remit the matter to the convicting judge, justice or provincial court judge and direct him to impose a punishment that is not greater than the punishment that may be lawfully imposed.

  • Marginal note:Amendment

    (3) Where an adjudication is varied pursuant to subsection (1) or (2), the conviction and warrant of committal, if any, shall be amended to conform to the adjudication as varied.

  • Marginal note:Sufficiency of statement

    (4) Any statement that appears in a conviction and is sufficient for the purpose of the conviction is sufficient for the purposes of an information, summons, order or warrant in which it appears in the proceedings.

  • R.S., 1985, c. C-46, s. 777
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Irregularities within section 777

778  Without restricting the generality of section 777, that section shall be deemed to apply where

  • (a) the statement of the adjudication or of any other matter or thing is in the past tense instead of in the present tense;

  • (b) the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or

  • (c) there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged or are stated in another provision.

  • R.S., c. C-34, s. 712

Marginal note:General order for security by recognizance

  • 779 (1) A court that has authority to quash a conviction, order or other proceeding on certiorari may prescribe by general order that no motion to quash any such conviction, order or other proceeding removed to the court by certiorari shall be heard unless the defendant has entered into a recognizance with one or more sufficient sureties, before one or more justices of the territorial division in which the conviction or order was made or before a judge or other officer, or has made a deposit to be prescribed with a condition that the defendant will prosecute the writ of certiorari at his own expense, without wilful delay, and, if ordered, will pay to the person in whose favour the conviction, order or other proceeding is affirmed his full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed.

  • Marginal note:Provisions of Part XXV

    (2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section.

  • R.S., 1985, c. C-46, s. 779
  • 2019, c. 25, s. 313

Marginal note:Effect of order dismissing application to quash

780  Where a motion to quash a conviction, order or other proceeding is refused, the order of the court refusing the application is sufficient authority for the clerk of the court forthwith to return the conviction, order or proceeding to the court from which or the person from whom it was removed, and for proceedings to be taken with respect thereto for the enforcement thereof.

  • R.S., c. C-34, s. 714

Marginal note:Want of proof of order in council

  • 781 (1) No order, conviction or other proceeding shall be quashed or set aside, and no defendant shall be discharged, by reason only that evidence has not been given

    • (a) of a proclamation or order of the Governor in Council or the lieutenant governor in council;

    • (b) of rules, regulations or by-laws made by the Governor in Council under an Act of Parliament or by the lieutenant governor in council under an Act of the legislature of the province; or

    • (c) of the publication of a proclamation, order, rule, regulation or by-law in the Canada Gazette or in the official gazette for the province.

  • Marginal note:Judicial notice

    (2) Proclamations, orders, rules, regulations and by-laws mentioned in subsection (1) and the publication thereof shall be judicially noticed.

  • R.S., c. C-34, s. 715

Marginal note:Defect in form

782  No warrant of committal shall, on certiorari or habeas corpus, be held to be void by reason only of any defect therein, where

  • (a) it is alleged in the warrant that the defendant was convicted; and

  • (b) there is a valid conviction to sustain the warrant.

  • R.S., c. C-34, s. 716

Marginal note:No action against official when conviction, etc., quashed

783  Where an application is made to quash a conviction, order or other proceeding made or held by a provincial court judge acting under Part XIX or a justice on the ground that he exceeded his jurisdiction, the court to which or the judge to whom the application is made may, in quashing the conviction, order or other proceeding, order that no civil proceedings shall be taken against the justice or provincial court judge or against any officer who acted under the conviction, order or other proceeding or under any warrant issued to enforce it.

  • R.S., 1985, c. C-46, s. 783
  • R.S., 1985, c. 27 (1st Supp.), s. 203

Marginal note:Appeal in mandamus, etc.

  • 784 (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition.

  • Marginal note:Application of Part XXI

    (2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.

  • Marginal note:Refusal of application, and appeal

    (3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.

  • Marginal note:Where writ granted

    (4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.

  • Marginal note:Appeal from judgment on return of writ

    (5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.

  • Marginal note:Hearing of appeal

    (6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

  • R.S., 1985, c. C-46, s. 784
  • 1997, c. 18, s. 109

PART XXVII Summary Convictions

Interpretation

Marginal note:Definitions

785  In this Part,

clerk of the appeal court

clerk of the appeal court  includes a local clerk of the appeal court; (greffier de la cour d'appel)

informant

informant  means a person who lays an information; (dénonciateur)

information

information  includes

  • (a) a count in an information, and

  • (b) a complaint in respect of which a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (dénonciation)

order

order  means any order, including an order for the payment of money; (ordonnance)

proceedings

proceedings  means

  • (a) proceedings in respect of offences that are declared by an Act of Parliament or an enactment made thereunder to be punishable on summary conviction, and

  • (b) proceedings where a justice is authorized by an Act of Parliament or an enactment made thereunder to make an order; (procédures)

prosecutor

prosecutor  means the Attorney General or, where the Attorney General does not intervene, the informant, and includes counsel or an agent acting on behalf of either of them; (poursuivant)

sentence

sentence  includes

  • (a) a declaration made under subsection 199(3),

  • (b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.1) or (3) or section 738, 739, 742.1 or 742.3,

  • (c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

  • (d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

  • (e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

summary conviction court

summary conviction court  means a person who has jurisdiction in the territorial division where the subject-matter of the proceedings is alleged to have arisen and who

  • (a) is given jurisdiction over the proceedings by the enactment under which the proceedings are taken,

  • (b) is a justice or provincial court judge, where the enactment under which the proceedings are taken does not expressly give jurisdiction to any person or class of persons, or

  • (c) is a provincial court judge, where the enactment under which the proceedings are taken gives jurisdiction in respect thereof to two or more justices; (cour des poursuites sommaires)

trial

trial  includes the hearing of a complaint. (procès ou instruction)

  • R.S., 1985, c. C-46, s. 785
  • R.S., 1985, c. 27 (1st Supp.), ss. 170, 203
  • 1992, c. 1, s. 58
  • 1995, c. 22, s. 7, c. 39, s. 156
  • 1996, c. 19, s. 76
  • 1999, c. 25, s. 23(Preamble)
  • 2002, c. 13, s. 78
  • 2006, c. 14, s. 7
  • 2013, c. 11, s. 4
  • 2018, c. 16, s. 223, c. 21, s. 26
  • 2019, c. 25, s. 314

Marginal note:Application of Part

  • 786 (1) Except where otherwise provided by law, this Part applies to proceedings as defined in this Part.

  • Marginal note:Limitation

    (2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.

  • R.S., 1985, c. C-46, s. 786
  • 1997, c. 18, s. 110
  • 2019, c. 25, s. 315

Punishment

Marginal note:General penalty

  • 787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.

  • Marginal note:Imprisonment in default if not otherwise specified

    (2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.

  • R.S., 1985, c. C-46, s. 787
  • R.S., 1985, c. 27 (1st Supp.), s. 171
  • 2008, c. 18, s. 44
  • 2019, c. 25, s. 316

Information

Marginal note:Commencement of proceedings

  • 788 (1) Proceedings under this Part shall be commenced by laying an information in Form 2.

  • Marginal note:One justice may act before the trial

    (2) Notwithstanding any other law that requires an information to be laid before or to be tried by two or more justices, one justice may

    • (a) receive the information;

    • (b) issue a summons or warrant with respect to the information; and

    • (c) do all other things preliminary to the trial.

  • R.S., c. C-34, s. 723

Marginal note:Formalities of information

  • 789 (1) In proceedings to which this Part applies, an information

    • (a) shall be in writing and under oath; and

    • (b) may charge more than one offence or relate to more than one matter of complaint, but where more than one offence is charged or the information relates to more than one matter of complaint, each offence or matter of complaint, as the case may be, shall be set out in a separate count.

  • Marginal note:No reference to previous convictions

    (2) No information in respect of an offence for which, by reason of previous convictions, a greater punishment may be imposed shall contain any reference to previous convictions.

  • R.S., c. C-34, s. 724

Marginal note:Any justice may act before and after trial

  • 790 (1) Nothing in this Act or any other law shall be deemed to require a justice before whom proceedings are commenced or who issues process before or after the trial to be the justice or one of the justices before whom the trial is held.

  • Marginal note:Two or more justices

    (2) Where two or more justices have jurisdiction with respect to proceedings, they shall be present and act together at the trial, but one justice may thereafter do anything that is required or is authorized to be done in connection with the proceedings.

  • (3) and (4)[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 172]

  • R.S., 1985, c. C-46, s. 790
  • R.S., 1985, c. 27 (1st Supp.), s. 172

791 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 173]

792 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 174]

Defects and Objections

793 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 175]

Marginal note:No need to negative exception, etc.

  • 794 (1) No exception, exemption, proviso, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information.

  • (2)[Repealed, 2018, c. 29, s. 68]

  • R.S., 1985, c. C-46, s. 794
  • 2018, c. 29, s. 68

Application

Marginal note:Application of Parts XVI, XVIII, XVIII.1, XX and XX.1

795  The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.1, XX and XX.1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

  • R.S., 1985, c. C-46, s. 795
  • R.S., 1985, c. 27 (1st Supp.), s. 176
  • 1991, c. 43, s. 7
  • 2011, c. 16, s. 16

796 and 797 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 176]

Trial

Marginal note:Jurisdiction

798  Every summary conviction court has jurisdiction to try, determine and adjudge proceedings to which this Part applies in the territorial division over which the person who constitutes that court has jurisdiction.

  • R.S., c. C-34, s. 733

Marginal note:Non-appearance of prosecutor

799  Where, in proceedings to which this Part applies, the defendant appears for the trial and the prosecutor, having had due notice, does not appear, the summary conviction court may dismiss the information or may adjourn the trial to some other time on such terms as it considers proper.

  • R.S., c. C-34, s. 734

Marginal note:When both parties appear

  • 800 (1) Where the prosecutor and defendant appear for the trial, the summary conviction court shall proceed to hold the trial.

  • Marginal note:Counsel or agent

    (2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

  • Marginal note:Video links

    (2.1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • Marginal note:Appearance by organization

    (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.

  • R.S., 1985, c. C-46, s. 800
  • 1997, c. 18, s. 111
  • 2003, c. 21, s. 21
  • 2019, c. 25, s. 317

Marginal note:Arraignment

  • 801 (1) Where the defendant appears for the trial, the substance of the information laid against him shall be stated to him, and he shall be asked,

    • (a) whether he pleads guilty or not guilty to the information, where the proceedings are in respect of an offence that is punishable on summary conviction; or

    • (b) whether he has cause to show why an order should not be made against him, in proceedings where a justice is authorized by law to make an order.

  • Marginal note:Finding of guilt, conviction or order if charge admitted

    (2) Where the defendant pleads guilty or does not show sufficient cause why an order should not be made against him, as the case may be, the summary conviction court shall convict the defendant, discharge the defendant under section 730 or make an order against the defendant accordingly.

  • Marginal note:Procedure if charge not admitted

    (3) Where the defendant pleads not guilty or states that he has cause to show why an order should not be made against him, as the case may be, the summary conviction court shall proceed with the trial, and shall take the evidence of witnesses for the prosecutor and the defendant in accordance with the provisions of Part XVIII relating to preliminary inquiries.

  • (4) and (5)[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 177]

  • R.S., 1985, c. C-46, s. 801
  • R.S., 1985, c. 27 (1st Supp.), s. 177, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10

Marginal note:Right to make full answer and defence

  • 802 (1) The prosecutor is entitled personally to conduct his case and the defendant is entitled to make his full answer and defence.

  • Marginal note:Examination of witnesses

    (2) The prosecutor or defendant, as the case may be, may examine and cross-examine witnesses personally or by counsel or agent.

  • Marginal note:On oath

    (3) Every witness at a trial in proceedings to which this Part applies shall be examined under oath.

  • R.S., c. C-34, s. 737

Marginal note:Limitation on the use of agents

802.1  Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless

  • (a) the defendant is an organization;

  • (b) the defendant is appearing to request an adjournment of the proceedings; or

  • (c) the agent is authorized to do so under a program approved — or criteria established — by the lieutenant governor in council of the province.

  • 2002, c. 13, s. 79
  • 2019, c. 25, s. 317.1

Marginal note:Adjournment

  • 803 (1) The summary conviction court may, in its discretion, before or during the trial, adjourn the trial to a time and place to be appointed and stated in the presence of the parties or their counsel or agents.

  • Marginal note:Non-appearance of defendant

    (2) If a defendant who is tried alone or together with others does not appear at the time and place appointed for the trial after having been notified of that time and place, or does not appear for the resumption of a trial that has been adjourned in accordance with subsection (1), the summary conviction court

    • (a) may proceed ex parte to hear and determine the proceedings in the absence of that defendant as if they had appeared; or

    • (b) may, if it thinks fit, issue a warrant in Form 7 for the arrest of that defendant and adjourn the trial to await their appearance under the warrant.

  • Marginal note:Consent of Attorney General required

    (3) If the summary conviction court proceeds in the manner described in paragraph (2)(a), no proceedings under section 145 arising out of the defendant's failure to appear at the time and place appointed for the trial or for the resumption of the trial shall, without the consent of the Attorney General, be instituted or be proceeded with.

  • Marginal note:Non-appearance of prosecutor

    (4) Where the prosecutor does not appear at the time and place appointed for the resumption of an adjourned trial, the summary conviction court may dismiss the information with or without costs.

  • (5) to (8)[Repealed, 1991, c. 43, s. 9]

  • R.S., 1985, c. C-46, s. 803
  • 1991, c. 43, s. 9
  • 1994, c. 44, s. 79
  • 1997, c. 18, s. 112
  • 2008, c. 18, s. 45

Adjudication

Marginal note:Finding of guilt, conviction, order or dismissal

804  When the summary conviction court has heard the prosecutor, defendant and witnesses, it shall, after considering the matter, convict the defendant, discharge the defendant under section 730, make an order against the defendant or dismiss the information, as the case may be.

  • R.S., 1985, c. C-46, s. 804
  • R.S., 1985, c. 27 (1st Supp.), s. 178, c. 1 (4th Supp.), s. 18(F)
  • 1995, c. 22, s. 10

805 [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 179]

Marginal note:Memo of conviction or order

  • 806 (1) If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request.

  • Marginal note:Warrant of committal

    (2) Where a defendant is convicted or an order is made against him, the summary conviction court shall issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection.

  • Marginal note:Admissibility of certified copy

    (3) If a warrant of committal in Form 21 is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.

  • R.S., 1985, c. C-46, s. 806
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F)
  • 1994, c. 44, s. 80
  • 2019, c. 25, s. 318

Marginal note:Disposal of penalties when joint offenders

807  Where several persons join in committing the same offence and on conviction each is adjudged to pay an amount to a person aggrieved, no more shall be paid to that person than an amount equal to the value of the property destroyed or injured or the amount of the injury done, together with costs, if any, and the residue of the amount adjudged to be paid shall be applied in the manner in which other penalties imposed by law are directed to be applied.

  • R.S., c. C-34, s. 742

Marginal note:Order of dismissal

  • 808 (1) Where the summary conviction court dismisses an information, it may, if requested by the defendant, draw up an order of dismissal and shall give to the defendant a certified copy of the order of dismissal.

  • Marginal note:Effect of certificate

    (2) A copy of an order of dismissal, certified in accordance with subsection (1) is, without further proof, a bar to any subsequent proceedings against the defendant in respect of the same cause.

  • R.S., c. C-34, s. 743

Marginal note:Costs

  • 809 (1) The summary conviction court may in its discretion award and order such costs as it considers reasonable and not inconsistent with such of the fees established by section 840 as may be taken or allowed in proceedings before that summary conviction court, to be paid

    • (a) to the informant by the defendant, where the summary conviction court convicts or makes an order against the defendant; or

    • (b) to the defendant by the informant, where the summary conviction court dismisses an information.

  • Marginal note:Order set out

    (2) An order under subsection (1) shall be set out in the conviction, order or order of dismissal, as the case may be.

  • Marginal note:Costs are part of fine

    (3) Where a fine or sum of money or both are adjudged to be paid by a defendant and a term of imprisonment in default of payment is imposed, the defendant is, in default of payment, liable to serve the term of imprisonment imposed, and for the purposes of this subsection, any costs that are awarded against the defendant shall be deemed to be part of the fine or sum of money adjudged to be paid.

  • Marginal note:Where no fine imposed

    (4) Where no fine or sum of money is adjudged to be paid by a defendant, but costs are awarded against the defendant or informant, the person who is liable to pay them is, in default of payment, liable to imprisonment for one month.

  • Marginal note:Definition of costs

    (5) In this section, costs includes the costs and charges, after they have been ascertained, of committing and conveying to prison the person against whom costs have been awarded.

  • R.S., c. C-34, s. 744

Sureties to Keep the Peace

Marginal note:If injury or damage feared

  • 810 (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person

    • (a) will cause personal injury to them or to their intimate partner or child or will damage their property; or

    • (b) will commit an offence under section 162.1.

  • Marginal note:Duty of justice

    (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.

  • Marginal note:Adjudication

    (3) If the justice or summary conviction court before which the parties appear is satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for the fear, the justice or court may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.

  • Marginal note:Refusal to enter into recognizance

    (3.01) The justice or summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (3.02) The justice or summary conviction court may add any reasonable conditions to the recognizance that the justice or court considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (b) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (c) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions

    (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

  • Marginal note:Surrender, etc.

    (3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

    • (a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

  • Marginal note:Reasons

    (3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Supplementary conditions

    (3.2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person's intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance,

    • (a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person's intimate partner or child, as the case may be, is regularly found; or

    • (b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person's intimate partner or child, as the case may be.

  • Marginal note:Form — warrant of committal

    (4) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.

  • Marginal note:Modification of recognizance

    (4.1) The justice or the summary conviction court may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Procedure

    (5) The provisions of this Part apply, with such modifications as the circumstances require, to proceedings under this section.

  • R.S., 1985, c. C-46, s. 810
  • 1991, c. 40, s. 33
  • 1994, c. 44, s. 81
  • 1995, c. 22, s. 8, c. 39, s. 157
  • 2000, c. 12, s. 95
  • 2011, c. 7, s. 7
  • 2014, c. 31, s. 25
  • 2019, c. 25, s. 319

Marginal note:Fear of certain offences

  • 810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the Attorney General's consent, lay an information before a provincial court judge.

  • Marginal note:Appearances

    (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant 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

    (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

  • Marginal note:Refusal to enter into recognizance

    (4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable for preventing the commission of an offence referred to in subsection (1), including conditions that require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

    • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

    • (d) to return to and remain at their place of residence at specified times;

    • (e) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant's safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge 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 that are held by the defendant shall be surrendered.

  • Marginal note:Reasons

    (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Variance of conditions

    (6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (7) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.

  • Definition of Attorney General

    (8) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.

  • 1997, c. 23, ss. 19, 26
  • 2001, c. 32, s. 46, c. 41, ss. 22, 133
  • 2002, c. 13, s. 80
  • 2009, c. 22, s. 19
  • 2011, c. 7, s. 8
  • 2015, c. 20, s. 24

Marginal note:Fear of terrorism offence

  • 810.011 (1) A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney General's consent, lay an information before a provincial court judge.

  • Marginal note:Appearances

    (2) The provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance, with or without sureties, 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 provincial court judge is also satisfied that the defendant was convicted previously of a terrorism offence, the judge may order that the defendant enter into the recognizance for a period of not more than five years.

  • Marginal note:Refusal to enter into recognizance

    (5) The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes that request;

    • (c) to return to and remain at their place of residence at specified times;

    • (d) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (e) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant's safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.

  • Marginal note:Surrender, etc.

    (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge 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 that are held by the defendant shall be surrendered.

  • Marginal note:Condition — passport

    (9) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

  • Marginal note:Condition — specified geographic area

    (10) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.

  • Marginal note:Reasons

    (11) If the provincial court judge does not add a condition described in subsection (7), (9) or (10) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.

  • Marginal note:Variance of conditions

    (12) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (13) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.

  • Definition of Attorney General

    (14) With respect to proceedings under this section, Attorney General means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.

  • Marginal note:Annual report

    (15) Each year, the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report setting out the number of recognizances entered into under this section in the previous year.

  • 2015, c. 20, s. 25
  • 2019, c. 13, s. 153

Marginal note:Fear of forced marriage or marriage under age of 16 years

  • 810.02 (1) A person who fears on reasonable grounds that another person will commit an offence under paragraph 273.3(1)(d) or section 293.1 or 293.2 may lay an information before a provincial court judge.

  • Marginal note:Appearances

    (2) The judge who receives the information may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant 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 provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period of not more than two years.

  • Marginal note:Refusal to enter into recognizance

    (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

    • (a) prohibit the defendant from making agreements or arrangements for the marriage, whether in or outside Canada, of the person in respect of whom it is feared that the offence will be committed;

    • (b) prohibit the defendant from taking steps to cause the person in respect of whom it is feared that the offence will be committed to leave the jurisdiction of the court;

    • (c) require the defendant to deposit, in the specified manner, any passport or any other travel document that is in their possession or control, whether or not such passport or document is in their name or in the name of any other specified person;

    • (d) prohibit the defendant from communicating, directly or indirectly, with any specified person, or refrain from going to any specified place, except in accordance with any specified conditions that the judge considers necessary;

    • (e) require the defendant to participate in a treatment program, including a family violence counselling program;

    • (f) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge; and

    • (g) require the defendant to return to and remain at their place of residence at specified times.

  • Marginal note:Conditions — firearms

    (7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant's safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant's possession are to be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant are to be surrendered.

  • Marginal note:Variance of conditions

    (9) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • 2015, c. 29, s. 11

Marginal note:Where 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 16 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.

  • Marginal note:Appearances

    (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

  • 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 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

  • Marginal note:Conditions in recognizance

    (3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

    • (a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;

    • (a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;

    • (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;

    • (b.1) prohibit the defendant from communicating, directly or indirectly, with any person identified in the recognizance, or refrain from going to any place specified in the recognizance, except in accordance with the conditions specified in the recognizance that the judge considers necessary;

    • (c) require the defendant to participate in a treatment program;

    • (d) require the defendant to wear an electronic monitoring device, if the Attorney General makes the request;

    • (e) require the defendant to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

    • (f) require the defendant to return to and remain at his or her place of residence at specified times;

    • (g) require the defendant to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (h) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (i) require the defendant to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant's safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (3.04) If the provincial court judge adds a condition described in subsection (3.03) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant's possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

  • Marginal note:Condition — reporting

    (3.05) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

  • Marginal note:Refusal to enter into recognizance

    (3.1) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Judge may vary recognizance

    (4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (5) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.

  • 1993, c. 45, s. 11
  • 1997, c. 18, s. 113
  • 2002, c. 13, s. 81
  • 2008, c. 6, ss. 52, 54, 62
  • 2011, c. 7, s. 9
  • 2012, c. 1, s. 37
  • 2014, c. 21, s. 4, c. 25, s. 31
  • 2019, c. 25, s. 320

Marginal note:Where fear of serious personal injury offence

  • 810.2 (1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, 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.

  • Marginal note:Appearances

    (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

  • Marginal note:Duration extended

    (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

  • Marginal note:Refusal to enter into recognizance

    (4) The provincial court judge may commit the defendant to prison for a term not exceeding twelve months if the defendant fails or refuses to enter into the recognizance.

  • Marginal note:Conditions in recognizance

    (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

    • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

    • (d) to return to and remain at his or her place of residence at specified times;

    • (e) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance;

    • (f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

    • (g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant's safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant's possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

  • Marginal note:Reasons

    (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Condition — reporting

    (6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

  • Marginal note:Variance of conditions

    (7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.

  • Marginal note:Other provisions to apply

    (8) Subsections 810(4) and (5) apply, with such modifications as the circumstances require, to recognizances made under this section.

  • 1997, c. 17, s. 9
  • 2002, c. 13, s. 82
  • 2008, c. 6, s. 53
  • 2011, c. 7, s. 10

Marginal note:Audioconference or videoconference

  • 810.21 (1) If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference.

  • Marginal note:Application

    (2) Despite section 769, sections 714.1 to 714.8 and Part XXII.01 apply, with any necessary modifications, to proceedings under this section.

  • 2015, c. 20, s. 26
  • 2019, c. 25, s. 321

Marginal note:Transfer of order

  • 810.22 (1) If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an offence under section 811, in — a territorial division other than the territorial division in which the order was made, on application of a peace officer or the Attorney General, a provincial court judge may, subject to subsection (2), transfer the order to a provincial court judge in that other territorial division and the order may then be dealt with and enforced by the provincial court judge to whom it is transferred in all respects as if that provincial court judge had made the order.

  • Marginal note:Attorney General's consent

    (2) The transfer may be granted only with

    • (a) the consent of the Attorney General of the province in which the order was made, if the two territorial divisions are not in the same province; or

    • (b) the consent of the Attorney General of Canada, if the information that led to the issuance of the order was laid with the consent of the Attorney General of Canada.

  • Marginal note:If judge unable to act

    (3) If the judge who made the order or a judge to whom an order has been transferred is for any reason unable to act, the powers of that judge in relation to the order may be exercised by any other judge of the same court.

  • 2015, c. 20, s. 26

Marginal note:Samples — designations and specifications

  • 810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

    • (a) designate the persons or classes of persons that may take samples of bodily substances;

    • (b) designate the places or classes of places at which the samples are to be taken;

    • (c) specify the manner in which the samples are to be taken;

    • (d) specify the manner in which the samples are to be analyzed;

    • (e) specify the manner in which the samples are to be stored, handled and destroyed;

    • (f) specify the manner in which the records of the results of the analysis of the samples are to be protected and destroyed;

    • (g) designate the persons or classes of persons that may destroy the samples; and

    • (h) designate the persons or classes of persons that may destroy the records of the results of the analysis of the samples.

  • Marginal note:Further designations

    (2) Subject to the regulations, the Attorney General of a province or the minister of justice of a territory may, with respect to the province or territory, designate the persons or classes of persons

    • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and

    • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g).

  • Marginal note:Restriction

    (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

  • Marginal note:Destruction of samples

    (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations

    • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2;

    • (b) respecting the designations and specifications referred to in subsections (1) and (2);

    • (c) prescribing the periods within which samples of bodily substances are to be destroyed under subsection (4); and

    • (d) respecting any other matters relating to the samples of bodily substances.

  • Marginal note:Notice — samples at regular intervals

    (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

  • 2011, c. 7, s. 11
  • 2015, c. 20, s. 34

Marginal note:Prohibition on use of bodily substance

  • 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

  • Marginal note:Prohibition on use or disclosure of result

    (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.

  • Marginal note:Exception

    (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

  • 2011, c. 7, s. 11
  • 2015, c. 20, s. 34

Marginal note:Orders under sections 486 to 486.5 and 486.7

  • 810.5 (1) Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2.

  • Marginal note:Offence — order restricting publication

    (2) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6.

  • 2019, c. 13, s. 154

Marginal note:Breach of recognizance

811  A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of

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

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 811
  • 1993, c. 45, s. 11
  • 1994, c. 44, s. 82
  • 1997, c. 17, s. 10, c. 23, ss. 20, 27
  • 2001, c. 41, s. 23
  • 2015, c. 20, s. 27, c. 23, s. 19, c. 29, s. 12
  • 2019, c. 25, s. 322

Marginal note:Proof of certificate of analyst — bodily substance

  • 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

  • Marginal note:Definition of analyst

    (2) In this section, analyst has the same meaning as in section 320.11.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence unless the party intending to produce it has, before the trial, given reasonable notice and a copy of the certificate to the party against whom it is to be produced.

  • Marginal note:Requiring attendance of analyst

    (4) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for cross-examination.

  • 2011, c. 7, s. 12
  • 2015, c. 20, s. 34
  • 2018, c. 21, s. 27

Appeal

Definition of appeal court

  • 812 (1) For the purposes of sections 813 to 828, appeal court means

    • (a) in the Province of Ontario, the Superior Court of Justice sitting in the region, district or county or group of counties where the adjudication was made;

    • (b) in the Province of Quebec, the Superior Court;

    • (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court;

    • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen's Bench;

    • (e)[Repealed, 1992, c. 51, s. 43]

    • (f)[Repealed, 2015, c. 3, s. 56]

    • (g) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court;

    • (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and

    • (i) in Nunavut, a judge of the Nunavut Court of Justice.

  • Marginal note:When appeal court is Court of Appeal of Nunavut

    (2) A judge of the Court of Appeal of Nunavut is the appeal court for the purposes of sections 813 to 828 if the appeal is from a conviction, order, sentence or verdict of a summary conviction court consisting of a judge of the Nunavut Court of Justice.

  • R.S., 1985, c. C-46, s. 812
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10
  • 1990, c. 16, s. 7, c. 17, s. 15
  • 1992, c. 51, s. 43
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 55
  • 2002, c. 7, s. 149
  • 2015, c. 3, s. 56

Marginal note:Appeal by defendant, informant or Attorney General

813  Except where otherwise provided by law,

  • (a) the defendant in proceedings under this Part may appeal to the appeal court

    • (i) from a conviction or order made against him,

    • (ii) against a sentence passed on him, or

    • (iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

  • (b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court

    • (i) from an order that stays proceedings on an information or dismisses an information,

    • (ii) against a sentence passed on a defendant, or

    • (iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial,

    and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

  • R.S., 1985, c. C-46, s. 813
  • R.S., 1985, c. 27 (1st Supp.), s. 180
  • 1991, c. 43, s. 9

Marginal note:Manitoba and Alberta

  • 814 (1) In the Provinces of Manitoba and Alberta, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the cause of the proceedings arose, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Saskatchewan

    (2) In the Province of Saskatchewan, an appeal under section 813 shall be heard at the sittings of the appeal court at the judicial centre nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:British Columbia

    (3) In the Province of British Columbia, an appeal under section 813 shall be heard at the sittings of the appeal court that is held nearest to the place where the adjudication was made, but the judge of the appeal court may, on the application of one of the parties, appoint another place for the hearing of the appeal.

  • Marginal note:Territories

    (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held.

  • R.S., 1985, c. C-46, s. 814
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 150

Marginal note:Notice of appeal

  • 815 (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

  • Marginal note:Extension of time

    (2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

  • R.S., c. C-34, s. 750
  • 1972, c. 13, s. 66
  • 1974-75-76, c. 93, s. 89

Interim Release of Appellant

Marginal note:Release order — appellant

  • 816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.

  • Marginal note:Release of appellant

    (1.1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.

  • Marginal note:Applicable provisions

    (2) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

  • R.S., 1985, c. C-46, s. 816
  • R.S., 1985, c. 27 (1st Supp.), s. 181(E)
  • 2019, c. 25, s. 323

Marginal note:Recognizance of prosecutor

  • 817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.

  • Marginal note:Condition

    (2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

  • Marginal note:Appeals by Attorney General

    (3) This section does not apply in respect of an appeal taken by the Attorney General or by counsel acting on behalf of the Attorney General.

  • (4)[Repealed, 2019, c. 25, s. 324]

  • R.S., 1985, c. C-46, s. 817
  • 2019, c. 25, s. 324

Marginal note:Application to appeal court for review

  • 818 (1) Where a justice makes an order under section 817, either the appellant or the respondent may, before or at any time during the hearing of the appeal, apply to the appeal court for a review of the order made by the justice.

  • Marginal note:Disposition of application by appeal court

    (2) On the hearing of an application under this section, the appeal court, after giving the appellant and the respondent a reasonable opportunity to be heard, shall

    • (a) dismiss the application; or

    • (b) if the person applying for the review shows cause, allow the application, vacate the order made by the justice and make the order that in the opinion of the appeal court should have been made.

  • Marginal note:Effect of order

    (3) An order made under this section shall have the same force and effect as if it had been made by the justice.

  • R.S., c. 2(2nd Supp.), s. 16
  • 1974-75-76, c. 93, s. 91.1

Marginal note:Application to fix date for hearing of appeal

  • 819 (1) Where, in the case of an appellant who has been convicted by a summary conviction court and who is in custody pending the hearing of his appeal, the hearing of his appeal has not commenced within thirty days from the day on which notice of his appeal was given in accordance with the rules referred to in section 815, the person having the custody of the appellant shall, forthwith on the expiration of those thirty days, apply to the appeal court to fix a date for the hearing of the appeal.

  • Marginal note:Order fixing date

    (2) On receiving an application under subsection (1), the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, fix a date for the hearing of the appeal and give such directions as it thinks necessary for expediting the hearing of the appeal.

  • R.S., c. 2(2nd Supp.), s. 16
  • 1974-75-76, c. 93, s. 92

Marginal note:Payment of fine not a waiver of appeal

  • 820 (1) A person does not waive his right of appeal under section 813 by reason only that he pays the fine imposed on conviction, without in any way indicating an intention to appeal or reserving the right to appeal.

  • Marginal note:Presumption

    (2) A conviction, order or sentence shall be deemed not to have been appealed against until the contrary is shown.

  • R.S., c. C-34, s. 753

Procedure on Appeal

Marginal note:Notification and transmission of conviction, etc.

  • 821 (1) Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or order appealed from or imposed the sentence appealed against of the appeal and on receipt of the notification that summary conviction court shall transmit the conviction, order or order of dismissal and all other material in its possession in connection with the proceedings to the appeal court before the time when the appeal is to be heard, or within such further time as the appeal court may direct, and the material shall be kept by the clerk of the appeal court with the records of the appeal court.

  • Marginal note:Saving

    (2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals.

  • Marginal note:Appellant to furnish transcript of evidence

    (3) Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection 540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal.

  • R.S., c. C-34, s. 754
  • 1972, c. 13, s. 67
  • 1974-75-76, c. 93, s. 93

Marginal note:Certain sections applicable to appeals

  • 822 (1) Where an appeal is taken under section 813 in respect of any conviction, acquittal, sentence, verdict or order, sections 683 to 689, with the exception of subsections 683(3) and 686(5), apply, with such modifications as the circumstances require.

  • Marginal note:New trial

    (2) Where an appeal court orders a new trial, it shall be held before a summary conviction court other than the court that tried the defendant in the first instance, unless the appeal court directs that the new trial be held before the summary conviction court that tried the accused in the first instance.

  • Marginal note:Order of detention or release

    (3) Where an appeal court orders a new trial, it may make such order for the release or detention of the appellant pending the trial as may be made by a justice pursuant to section 515 and the order may be enforced in the same manner as if it had been made by a justice under that section, and the provisions of Part XVI apply with such modifications as the circumstances require to the order.

  • Marginal note:Trial de novo

    (4) Despite subsections (1) to (3), if an appeal is taken under section 813 and because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General's agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with any rules that may be made under section 482 or 482.1, and for that purpose the provisions of sections 793 to 809 apply, with any modifications that the circumstances require.

  • Marginal note:Former evidence

    (5) The appeal court may, for the purpose of hearing and determining an appeal under subsection (4), permit the evidence of any witness taken before the summary conviction court to be read if that evidence has been authenticated in accordance with section 540 and if

    • (a) the appellant and respondent consent,

    • (b) the appeal court is satisfied that the attendance of the witness cannot reasonably be obtained, or

    • (c) by reason of the formal nature of the evidence or otherwise the court is satisfied that the opposite party will not be prejudiced,

    and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the appeal court.

  • Marginal note:Appeal against sentence

    (6) Where an appeal is taken under subsection (4) against sentence, the appeal court shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against and may, on such evidence, if any, as it thinks fit to require or receive, by order,

    • (a) dismiss the appeal, or

    • (b) vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted,

    and in making any order under paragraph (b), the appeal court may take into account any time spent in custody by the defendant as a result of the offence.

  • Marginal note:General provisions re appeals

    (7) The following provisions apply in respect of appeals under subsection (4):

    • (a) where an appeal is based on an objection to an information or any process, judgment shall not be given in favour of the appellant

      • (i) for any alleged defect therein in substance or in form, or

      • (ii) for any variance between the information or process and the evidence adduced at the trial,

      unless it is shown

      • (iii) that the objection was taken at the trial, and

      • (iv) that an adjournment of the trial was refused notwithstanding that the variance referred to in subparagraph (ii) had deceived or misled the appellant; and

    • (b) where an appeal is based on a defect in a conviction or an order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect.

  • R.S., 1985, c. C-46, s. 822
  • 1991, c. 43, s. 9
  • 2002, c. 13, s. 83

823 [Repealed, 1991, c. 43, s. 9]

Marginal note:Adjournment

824  The appeal court may adjourn the hearing of an appeal from time to time as may be necessary.

  • R.S., c. C-34, s. 756

Marginal note:Dismissal for failure to appear or want of prosecution

825  The appeal court may, on proof that notice of an appeal has been given and that

  • (a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section 817; or

  • (b) the appeal has not been proceeded with or has been abandoned,

order that the appeal be dismissed.

  • R.S., 1985, c. C-46, s. 825
  • 2019, c. 25, s. 325

Marginal note:Costs

826  Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the appeal court may make any order with respect to costs that it considers just and reasonable.

  • R.S., c. C-34, s. 758

Marginal note:To whom costs payable, and when

  • 827 (1) Where the appeal court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the court, to be paid by him to the person entitled to them, and shall fix the period within which the costs shall be paid.

  • Marginal note:Certificate of non-payment of costs

    (2) Where costs are not paid in full within the period fixed for payment and the person who has been ordered to pay them has not been bound by a recognizance to pay them, the clerk of the court shall, on application by the person entitled to the costs, or by any person on his behalf, and on payment of any fee to which the clerk of the court is entitled, issue a certificate in Form 42 certifying that the costs or a part thereof, as the case may be, have not been paid.

  • Marginal note:Committal

    (3) A justice having jurisdiction in the territorial division in which a certificate has been issued under subsection (2) may, on production of the certificate, by warrant in Form 26, commit the defaulter to imprisonment for a term not exceeding one month, unless the amount of the costs and, where the justice thinks fit so to order, the costs of the committal and of conveying the defaulter to prison are sooner paid.

  • R.S., c. C-34, s. 759

Marginal note:Enforcement of conviction or order by court of appeal

  • 828 (1) A conviction or order made by the appeal court may be enforced

    • (a) in the same manner as if it had been made by the summary conviction court; or

    • (b) by process of the appeal court.

  • Marginal note:Enforcement by justice

    (2) Where an appeal taken against a conviction or order adjudging payment of a sum of money is dismissed, the summary conviction court that made the conviction or order or a justice for the same territorial division may issue a warrant of committal as if no appeal had been taken.

  • Marginal note:Duty of clerk of court

    (3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking, release order or recognizance.

  • R.S., 1985, c. C-46, s. 828
  • 2019, c. 25, s. 326

Summary Appeal on Transcript or Agreed Statement of Facts

Marginal note:Definition of appeal court

  • 829 (1) Subject to subsection (2), for the purposes of sections 830 to 838, appeal court means, in any province, the superior court of criminal jurisdiction for the province.

  • Marginal note:Nunavut

    (2) If the appeal is from a conviction, judgment, verdict or other final order or determination of a summary conviction court consisting of a judge of the Nunavut Court of Justice, appeal court means a judge of the Court of Appeal of Nunavut.

  • R.S., 1985, c. C-46, s. 829
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1999, c. 3, s. 56

Marginal note:Appeals

  • 830 (1) A party to proceedings to which this Part applies or the Attorney General may appeal against a conviction, judgment, verdict of acquittal or verdict of not criminally responsible on account of mental disorder or of unfit to stand trial or other final order or determination of a summary conviction court on the ground that

    • (a) it is erroneous in point of law;

    • (b) it is in excess of jurisdiction; or

    • (c) it constitutes a refusal or failure to exercise jurisdiction.

  • Marginal note:Form of appeal

    (2) An appeal under this section shall be based on a transcript of the proceedings appealed from unless the appellant files with the appeal court, within fifteen days of the filing of the notice of appeal, a statement of facts agreed to in writing by the respondent.

  • Marginal note:Rules for appeals

    (3) An appeal under this section shall be made within the period and in the manner directed by any applicable rules of court and where there are no such rules otherwise providing, a notice of appeal in writing shall be served on the respondent and a copy thereof, together with proof of service, shall be filed with the appeal court within thirty days after the date of the conviction, judgment or verdict of acquittal or other final order or determination that is the subject of the appeal.

  • Marginal note:Rights of Attorney General of Canada

    (4) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this section.

  • R.S., 1985, c. C-46, s. 830
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Application

831  The provisions of sections 816, 817, 819 and 825 apply, with such modifications as the circumstances require, in respect of an appeal under section 830, except that on receiving an application by the person having the custody of an appellant described in section 819 to appoint a date for the hearing of the appeal, the appeal court shall, after giving the prosecutor a reasonable opportunity to be heard, give such directions as it thinks necessary for expediting the hearing of the appeal.

  • R.S., 1985, c. C-46, s. 831
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Release order or recognizance

  • 832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.

  • Marginal note:Attorney General

    (2) Subsection (1) does not apply where the appellant is the Attorney General or counsel acting on behalf of the Attorney General.

  • R.S., 1985, c. C-46, s. 832
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 2019, c. 25, s. 327

Marginal note:No writ required

833  No writ of certiorari or other writ is required to remove any conviction, judgment, verdict or other final order or determination of a summary conviction court for the purpose of obtaining the judgment, determination or opinion of the appeal court.

  • R.S., 1985, c. C-46, s. 833
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Powers of appeal court

  • 834 (1) When a notice of appeal is filed pursuant to section 830, the appeal court shall hear and determine the grounds of appeal and may

    • (a) affirm, reverse or modify the conviction, judgment, verdict or other final order or determination, or

    • (b) remit the matter to the summary conviction court with the opinion of the appeal court,

    and may make any other order in relation to the matter or with respect to costs that it considers proper.

  • Marginal note:Authority of judge

    (2) Where the authority and jurisdiction of the appeal court may be exercised by a judge of that court, the authority and jurisdiction may, subject to any applicable rules of court, be exercised by a judge of the court sitting in chambers as well in vacation as in term time.

  • R.S., 1985, c. C-46, s. 834
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Enforcement

  • 835 (1) Where the appeal court renders its decision on an appeal, the summary conviction court from which the appeal was taken or a justice exercising the same jurisdiction has the same authority to enforce a conviction, order or determination that has been affirmed, modified or made by the appeal court as the summary conviction court would have had if no appeal had been taken.

  • Marginal note:Idem

    (2) An order of the appeal court may be enforced by its own process.

  • R.S., 1985, c. C-46, s. 835
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Appeal under section 830

836  Every person who appeals under section 830 from any conviction, judgment, verdict or other final order or determination in respect of which that person is entitled to an appeal under section 813 shall be taken to have abandoned all the person's rights of appeal under section 813.

  • R.S., 1985, c. C-46, s. 836
  • R.S., 1985, c. 27 (1st Supp.), s. 182
  • 1991, c. 43, s. 9

Marginal note:Appeal barred

837  Where it is provided by law that no appeal lies from a conviction or order, no appeal under section 830 lies from such a conviction or order.

  • R.S., 1985, c. C-46, s. 837
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Marginal note:Extension of time

838  The appeal court or a judge thereof may at any time extend any time period referred to in section 830, 831 or 832.

  • R.S., 1985, c. C-46, s. 838
  • R.S., 1985, c. 27 (1st Supp.), s. 182

Appeals to Court of Appeal

Marginal note:Appeal on question of law

  • 839 (1) Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against

    • (a) a decision of a court in respect of an appeal under section 822; or

    • (b) a decision of an appeal court under section 834, except where that court is the court of appeal.

  • Marginal note:Nunavut

    (1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2).

  • Marginal note:Sections applicable

    (2) Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section.

  • Marginal note:Costs

    (3) Notwithstanding subsection (2), the court of appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.

  • Marginal note:Enforcement of decision

    (4) The decision of the court of appeal may be enforced in the same manner as if it had been made by the summary conviction court before which the proceedings were originally heard and determined.

  • Marginal note:Right of Attorney General of Canada to appeal

    (5) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

  • R.S., 1985, c. C-46, s. 839
  • R.S., 1985, c. 27 (1st Supp.), s. 183
  • 1999, c. 3, s. 57

Fees and Allowances

Marginal note:Fees and allowances

  • 840 (1) Subject to subsection (2), the fees and allowances mentioned in the schedule to this Part are the fees and allowances that may be taken or allowed in proceedings before summary conviction courts and justices under this Part.

  • Marginal note:Order of lieutenant governor in council

    (2) The lieutenant governor in council of a province may order that all or any of the fees and allowances mentioned in the schedule to this Part shall not be taken or allowed in proceedings before summary conviction courts and justices under this Part in that province and, when the lieutenant governor in council so orders, he or she may fix any other fees and allowances for any items similar to those mentioned in the schedule, or any other items, to be taken or allowed instead.

  • R.S., 1985, c. C-46, s. 840
  • 1994, c. 44, s. 83
  • 1997, c. 18, s. 114

PART XXVIII Miscellaneous

Electronic Documents

Marginal note:Definitions

841  The definitions in this section apply in this section and in sections 842 to 847.

data

data  means representations of information or concepts, in any form. (données)

electronic document

electronic document  means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data. (document électronique)

  • R.S., 1985, c. C-46, s. 841
  • R.S., 1985, c. 31 (4th Supp.), s. 97
  • 2002, c. 13, s. 84

Marginal note:Dealing with data in court

842  Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Transfer of data

  • 843 (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received.

  • Marginal note:Time of filing

    (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court.

  • 2002, c. 13, s. 84

Marginal note:Documents in writing

844  A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Signatures

845  If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court.

  • 2002, c. 13, s. 84

Marginal note:Oaths

846  If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if

  • (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief;

  • (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and

  • (c) the electronic document was made in accordance with the laws of the place where it was made.

  • 2002, c. 13, s. 84

Marginal note:Copies

847  Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province.

  • 2002, c. 13, s. 84

Remote Appearance by Incarcerated Accused

848 [Repealed, 2019, c. 25, s. 329]

Forms

Marginal note:Forms

  • 849 (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided.

  • Marginal note:Seal not required

    (2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part.

  • Marginal note:Official languages

    (3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages.

    [Editorial note: In this consolidation, the forms referred to in this section can be found at the end of the Act.]

  • 2002, c. 13, s. 84

SCHEDULE TO PART XX.1

[Repealed, 2005, c. 22, s. 37]

SCHEDULE TO PART XXII.1 (Section 715.3 and subsections 715.32(2) and 715.43(2) and (3)) Offences in respect of which a remediation agreement may be entered into

  • 1 An offence under any of the following provisions of this Act:

    • (a) section 119 or 120 (bribery of officers);

    • (b) section 121 (frauds on the government);

    • (c) section 123 (municipal corruption);

    • (d) section 124 (selling or purchasing office);

    • (e) section 125 (influencing or negotiating appointments or dealing in offices);

    • (f) subsection 139(3) (obstructing justice);

    • (g) section 322 (theft);

    • (h) section 330 (theft by person required to account);

    • (i) section 332 (misappropriation of money held under direction);

    • (j) section 340 (destroying documents of title);

    • (k) section 341 (fraudulent concealment);

    • (l) section 354 (property obtained by crime);

    • (m) section 362 (false pretence or false statement);

    • (n) section 363 (obtaining execution of valuable security by fraud);

    • (o) section 366 (forgery);

    • (p) section 368 (use, trafficking or possession of forged document);

    • (q) section 375 (obtaining by instrument based on forged document);

    • (r) section 378 (offences in relation to registers);

    • (s) section 380 (fraud);

    • (t) section 382 (fraudulent manipulation of stock exchange transactions);

    • (u) section 382.1 (prohibited insider trading);

    • (v) section 383 (gaming in stocks or merchandise);

    • (w) section 389 (fraudulent disposal of goods on which money advanced);

    • (x) section 390 (fraudulent receipts under Bank Act);

    • (x.1) section 391 (trade secret);

    • (y) section 392 (disposal of property to defraud creditors);

    • (z) section 397 (books and documents);

    • (z.1) section 400 (false prospectus);

    • (z.2) section 418 (selling defective stores to Her Majesty); and

    • (z.3) section 426 (secret commissions).

    • (z.4) section 462.31 (laundering proceeds of crime).

  • 2 An offence under any of the following provisions of the Corruption of Foreign Public Officials Act:

    • a) section 3 (bribing a foreign public official); and

    • b) section 4 (maintenance or destruction of books and records to facilitate or hide the bribing of a foreign public official).

  • 3 A conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in section 1 or 2.

  • 2018, c. 12, s. 405
  • 2020, c. 1, s. 38

SCHEDULE [to Part XXV] (Section 762)

Column I Column II Column III
Ontario

A judge of the Court of Appeal in respect of a release order or recognizance for the appearance of a person before the Court

The Registrar of the Court of Appeal

The Superior Court of Justice in respect of undertakings or all other release orders or recognizances

A Registrar of the Superior Court of Justice
Quebec

The Court of Quebec, Criminal and Penal Division

The Clerk of the Court
Nova Scotia

The Supreme Court

A Prothonotary of the Supreme Court
New Brunswick

The Court of Queen's Bench

The Registrar of the Court of Queen's Bench
British Columbia

The Supreme Court in respect of an undertaking, release order or recognizance for the appearance of a person before that Court or the Court of Appeal

The District Registrar of the Supreme Court

A Provincial Court in respect of an undertaking, release order or recognizance for the appearance of a person before a judge of that Court or a justice

The Clerk of the Provincial Court
Prince Edward Island

The Supreme Court

The Prothonotary
Manitoba

The Court of Queen's Bench

The registrar or a deputy registrar of the Court of Queen's Bench
Saskatchewan

The Court of Queen's Bench

The Local Registrar of the Court of Queen's Bench
Alberta

The Court of Queen's Bench

The Clerk of the Court of Queen's Bench
Newfoundland and Labrador

The Trial Division of the Supreme Court

The Registrar of the Supreme Court
Yukon

The Supreme Court

The Clerk of the Supreme Court
Northwest Territories

The Supreme Court

The Clerk of the Supreme Court
Nunavut

The Nunavut Court of Justice

The Clerk of the Nunavut Court of Justice
  • R.S., 1985, c. C-46, Sch. to Part XXV
  • R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (2nd Supp.), s. 10
  • 1992, c. 1, s. 58, c. 51, ss. 40 to 42
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 54, c. 5, s. 44
  • 2002, c. 7, s. 148
  • 2015, c. 3, ss. 57 to 59
  • 2019, c. 25, s. 312

SCHEDULE [to Part XXVII] (Section 840)

Fees and Allowances That May Be Charged by Summary Conviction Courts and Justices

  • 1

    Information blank line$ 1.00

  • 2

    Summons or warrant blank line$ 0.50

  • 3

    Warrant where summons issued in first instance blank line$ 0.30

  • 4

    Warrant where summons issued in first instance blank line$ 0.30

  • 5

    Each subpoena or warrant to or for witnesses blank line$ 0.30

    (A subpoena may contain any number of names. Only one subpoena may be issued on behalf of a party in any proceeding, unless the summary conviction court or the justice considers it necessary or desirable that more than one subpoena be issued.)

  • 6

    Information for warrant for witness and warrant for witness blank line$ 1.00

  • 7

    Each necessary copy of subpoena to or warrant for witness blank line$ 0.20

  • 8

    Each release order or recognizance blank line$ 1.00

  • 9

    Hearing and determining proceeding blank line$ 1.00

  • 10

    Where hearing lasts more than two hours blank line$ 2.00

  • 11

    Where two or more justices hear and determine a proceeding, each is entitled to the fee authorized by item 9.

  • 12

    Each warrant of committal blank line$ 0.50

  • 13

    Making up record of conviction or order on request of a party to the proceedings blank line$ 1.00

  • 14

    Copy of a writing other than a conviction or order, on request of a party to the proceedings; for each folio of one hundred words blank line$ 0.10

  • 15

    Bill of costs, when made out in detail on request of a party to the proceedings blank line$ 0.20

    (Items 14 and 15 may be charged only where there has been an adjudication.)

  • 16

    Attending to remand prisoner blank line$ 1.00

  • 17

    Attending to make a release order or take a recognizance blank line$ 1.00

Fees and Allowances That May Be Allowed to Peace Officers

  • 18

    Arresting a person on a warrant or without a warrant blank line$ 1.50

  • 19

    Serving summons or subpoena blank line$ 0.50

  • 20

    Mileage to serve summons or subpoena or to make an arrest, both ways, for each mile blank line$ 0.10

    (Where a public conveyance is not used, reasonable costs of transportation may be allowed.)

  • 21

    Mileage where service cannot be effected, on proof of a diligent attempt to effect service, each way, for each mile blank line$ 0.10

  • 22

    Returning with prisoner after arrest to take him before a summary conviction court or justice at a place different from the place where the peace officer received the warrant to arrest, if the journey is of necessity over a route different from that taken by the peace officer to make the arrest, each way, for each mile blank line$ 0.10

  • 23

    Taking a prisoner to prison on remand or committal, each way, for each mile blank line$ 0.10

    (Where a public conveyance is not used, reasonable costs of transportation may be allowed. No charge may be made under this item in respect of a service for which a charge is made under item 22.)

  • 24

    Attending summary conviction court or justice on summary conviction proceedings, for each day necessarily employed blank line$ 2.00

    (Not more than $2.00 may be charged under this item in respect of any day notwithstanding the number of proceedings that the peace officer attended on that day before that summary conviction court or justice.)

Fees and Allowances That May Be Allowed to Witnesses

  • 25

    Each day attending trial blank line$ 4.00

  • 26

    Mileage travelled to attend trial, each way, for each mile blank line$ 0.10

Fees and Allowances That May Be Allowed to Interpreters

  • 27

    Each half day attending trial blank line$ 2.50

  • 28

    Actual living expenses when away from ordinary place of residence, not to exceed per day blank line$ 10.00

  • 29

    Mileage travelled to attend trial, each way, for each mile blank line$ 0.10

  • R.S., 1985, c. C-46, Sch. to Part XXVII
  • 2019, c. 25, s. 328

FORM 1 (Sections 320.29 and 487) Information To Obtain a Search Warrant

Canada,

Province of blank line,

(territorial division).

This is the information of A.B., of blank line in the said (territorial division), (occupation), hereinafter called the informant, taken before me.

The informant says that (describe things to be searched for and offence in respect of which search is to be made), and that he believes on reasonable grounds that the said things, or some part of them, are in the (dwelling-house, etc.) of C.D., of blank line, in the said (territorial division). (Here add the grounds of belief, whatever they may be.)

Wherefore the informant prays that a search warrant may be granted to search the said (dwelling-house, etc.) for the said things.

Sworn before me this blank line day of blank line, A.D. blank line, at blank line .

(Signature of Informant)

A Justice of the Peace in and for blank line

  • R.S., 1985, c. C-46, Form 1
  • 2018, c. 21, s. 28

FORM 2 (Sections 506 and 788) Information

Canada,

Province of blank line,

(territorial division).

This is the information of C.D., of blank line, (occupation), hereinafter called the informant.

The informant says that (if the informant has no personal knowledge state that he believes on reasonable grounds and state the offence).

Sworn before me this blank line day of blank line, A.D. blank line, at blank line .

(Signature of Informant)

A Justice of the Peace in and for blank line

Note: The date of birth of the accused may be mentioned on the information or indictment.

  • R.S., 1985, c. C-46, Form 2
  • R.S., 1985, c. 27 (1st Supp.), s. 184

FORM 3

[Repealed, R.S., 1985, c. 27 (1st Supp.), s. 184]

FORM 4 (Sections 566, 566.1, 580 and 591) Heading of Indictment

Canada,

Province of blank line,

(territorial division).

In the (set out name of the court)

Her Majesty the Queen

against

(name of accused)

(Name of accused) stands charged

  • 1 That he (state offence).

  • 2 That he (state offence).

Dated this blank line day of blank line A.D. blank line, at blank line .

(Signature of signing officer, Agent of Attorney General, etc., as the case may be)

Note: The date of birth of the accused may be mentioned on the information or indictment.

  • R.S., 1985, c. C-46, Form 4
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 1999, c. 3, s. 58

FORM 5 (Sections 320.29 and 487) Warrant To Search

Canada,

Province of blank line,

(territorial division).

To the peace officers in the said (territorial division) or to the (named public officers):

Whereas it appears on the oath of A.B., of blank line that there are reasonable grounds for believing that (describe things to be searched for and offence in respect of which search is to be made) are in blank line at blank line, hereinafter called the premises;

This is, therefore, to authorize and require you between the hours of (as the justice may direct) to enter into the said premises and to search for the said things and to bring them before me or some other justice.

Dated this blank line day of blank line A.D. blank line, at blank line .

A Justice of the Peace in and for blank line

  • R.S., 1985, c. C-46, Form 5
  • 1999, c. 5, s. 45
  • 2018, c. 21, s. 28

FORM 5.001 (Subsection 487.012(1)) Preservation Demand

Canada,

Province of blank line

(territorial division)

To (name of person), of blank line:

Because I have reasonable grounds to suspect that the computer data specified below is in your possession or control and that that computer data

will assist in the investigation of an offence that has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament),

(or)

will assist in the investigation of an offence that has been committed under (specify the provision of the law of the foreign state) that is being conducted by a person or authority, (name of person or authority), with responsibility in (specify the name of the foreign state) for the investigation of such offences,

you are required to preserve (specify the computer data) that is in your possession or control when you receive this demand until (insert date) unless, before that date, this demand is revoked or a document that contains that data is obtained under a warrant or an order.

This demand is subject to the following conditions:

If you contravene this demand without lawful excuse, you may be subject to a fine.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

(Signature of peace officer or public officer)

  • 2014, c. 31, s. 26

FORM 5.002 (Subsection 487.013(2)) Information To Obtain a Preservation Order

Canada,

Province of blank line

(territorial division)

This is the information of (name of peace officer or public officer), of blank line ("the informant").

The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

The informant also says that a peace officer or public officer intends to apply or has applied for a warrant or order in connection with the investigation to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state)).

The reasonable grounds are: (including, if applicable, whether a preservation demand was made under section 487.012 of the Criminal Code )

The informant therefore requests that (name of the person) be ordered to preserve (specify the computer data) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.003 (Subsection 487.013(4)) Preservation Order

Canada,

Province of blank line

(territorial division)

To (name of person), of blank line:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line,

  • (a) that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) (or has been committed under (specify the provision of the law of the foreign state)) and that (specify the computer data) is in your possession or control and will assist in the investigation of the offence; and

  • (b) that a peace officer or public officer intends to apply or has applied for a warrant or order to obtain a document that contains the computer data (and, if applicable, and that (name of person or authority) is conducting the investigation and has responsibility for the investigation of such offences in (insert the name of the foreign state));

Therefore, you are required to preserve the specified computer data that is in your possession or control when you receive this order until (insert date) unless, before that date, this order is revoked or a document that contains that data is obtained under a warrant or an order.

This order is subject to the following conditions:

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

You are required to destroy the computer data that would not be retained in the ordinary course of business, and any document that is prepared for the purpose of preserving the computer data, in accordance with section 487.0194 of the Criminal Code. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.004 (Subsections 487.014(2), 487.015(2), 487.016(2), 487.017(2) and 487.018(3)) Information To Obtain a Production Order

Canada,

Province of blank line

(territorial division)

This is the information of (name of peace officer or public officer), of blank line ("the informant").

The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 of the Criminal Code, reasonable grounds to believe)

  • (a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and

  • (b) (if the application is for an order under section 487.014 of the Criminal Code ) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.

(or)

  • (b) (if the application is for an order under section 487.015 of the Criminal Code ) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.

(or)

  • (b) (if the application is for an order under section 487.016 of the Criminal Code ) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.017 of the Criminal Code ) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.

(or)

  • (b) (if the application is for an order under section 487.018 of the Criminal Code ) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.

The reasonable grounds are:

The informant therefore requests

(if the application is for an order under section 487.014 of the Criminal Code ) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).

(or)

(if the application is for an order under section 487.015 of the Criminal Code ) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.

(or)

(if the application is for an order under section 487.016 of the Criminal Code ) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.017 of the Criminal Code ) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.

(or)

(if the application is for an order under section 487.018 of the Criminal Code ) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.005 (Subsection 487.014(3)) Production Order for Documents

Canada,

Province of blank line

(territorial division)

To (name of person), of blank line:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line, that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data) is in your possession or control and will afford evidence respecting the commission of the offence;

Therefore, you are ordered to

produce a document that is a copy of (specify the document) that is in your possession or control when you receive this order

(and/or)

prepare and produce a document containing (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.006 (Subsection 487.015(3)) Production Order To Trace a Communication

Canada,

Province of blank line

(territorial division)

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line, that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament), that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that one or more persons whose identity was unknown when the application was made have possession or control of (specify the transmission data) that will enable that identification;

Therefore, on being served with this order in accordance with subsection 487.015(4) of the Criminal Code, you are ordered to prepare and produce a document containing (specify the transmission data) that is in your possession or control when you are served with this order.

The document must be produced to (name of peace officer or public officer) as soon as feasible at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

Served on (name of person) on (date), at (place).

(Signature of peace officer or public officer)

(Signature of person served)

  • 2014, c. 31, s. 26

FORM 5.007 (Subsections 487.016(3) and 487.017(3)) Production Order for Transmission Data or Tracking Data

Canada,

Province of blank line

(territorial division)

To (name of person), of blank line:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line, that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (if the order is made under section 487.016 of the Criminal Code, specify the transmission data) (or, if the order is made under section 487.017 of the Criminal Code, specify the tracking data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document containing the data specified that is in your possession or control when you receive this order.

The document must be produced to (name of peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.008 (Subsection 487.018(4)) Production Order for Financial Data

Canada,

Province of blank line

(territorial division)

To (name of financial institution, person or entity), of blank line:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line, that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the data) is in your possession or control and will assist in the investigation of the offence;

Therefore, you are ordered to prepare and produce a document setting out (specify the data) that is in your possession or control when you receive this order.

The document must be produced to (name of the peace officer or public officer) within (time) at (place) in (form).

This order is subject to the following conditions:

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.0081 (Subsection 487.019(3)) Information To Revoke or Vary an Order Made Under Any of Sections 487.013 to 487.018 of the Criminal Code

Canada,

Province of blank line

(territorial division)

This is the information of (name of peace officer or public officer), of blank line ("the informant").

The informant says that on or after (insert date) the informant became aware of the following facts that justify the revocation (or variation) of an order made on (insert date) under (specify the provision of the Criminal Code ):

blank line

The informant therefore requests that the order be revoked (or be varied as follows: blank line).

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.009 (Subsection 487.0191(2)) Information To Obtain a Non-Disclosure Order

Canada,

Province of blank line

(territorial division)

This is the information of (name of peace officer or public officer), of blank line ("the informant").

The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:

(specify portion or portions)

The reasonable grounds are:

The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of informant)

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.0091 (Subsection 487.0191(3)) Non-Disclosure Order

Canada,

Province of blank line

(territorial division)

To (name of person, financial institution or entity), of blank line:

Whereas I am satisfied by information on oath of (name of peace officer or public officer), of blank line, that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code, the preservation order made under section 487.013 of that Act or the production order made under any of sections 487.014 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;

Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.

(specify portion or portions)

You have the right to apply to revoke or vary this order.

If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of justice or judge)

  • 2014, c. 31, s. 26

FORM 5.01 (Subsection 487.05(1)) Information To Obtain a Warrant To Take Bodily Substances for Forensic DNA Analysis

Canada,

Province of blank line

(territorial division)

This is the information of (name of peace officer), (occupation), of blank line in the said (territorial division), hereinafter called the informant, taken before me.

The informant says that he or she has reasonable grounds to believe

  • (a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed;

  • (b) that a bodily substance has been found

    • (i) at the place where the offence was committed,

    • (ii) on or within the body of the victim of the offence,

    • (iii) on anything worn or carried by the victim at the time when the offence was committed, or

    • (iv) on or within the body of any person or thing or at any place associated with the commission of the offence;

  • (c) that (name of person) was a party to the offence; and

  • (d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person.

The reasonable grounds are:

The informant therefore requests that a warrant be issued authorizing the taking from (name of person) of the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer.

Sworn to before me this blank line day of blank line, A.D. blank line, at blank line .

(Signature of informant)

(Signature of provincial court judge)

  • 1998, c. 37, s. 24

FORM 5.02 (Subsection 487.05(1)) Warrant Authorizing the Taking of Bodily Substances for Forensic DNA Analysis

Canada,

Province of blank line

(territorial division)

To the peace officers in (territorial division):

Whereas it appears on the oath of (name of peace officer) of blank line in the said (territorial division), that there are reasonable grounds to believe

  • (a) that (offence), a designated offence within the meaning of section 487.04 of the Criminal Code, has been committed,

  • (b) that a bodily substance has been found

    • (i) at the place where the offence was committed,

    • (ii) on or within the body of the victim of the offence,

    • (iii) on anything worn or carried by the victim at the time when the offence was committed, or

    • (iv) on or within the body of any person or thing or at any place associated with the commission of the offence,

  • (c) that (name of person) was a party to the offence, and

  • (d) that forensic DNA analysis of a bodily substance from (name of person) will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person;

And whereas I am satisfied that it is in the best interests of the administration of justice to issue this warrant;

This is therefore to authorize and require you to take from (name of person) or cause to be taken by a person acting under your direction, the number of samples of bodily substances that are reasonably required for forensic DNA analysis, provided that the person taking the samples is able by virtue of training or experience to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and provided that, if the person taking the samples is not a peace officer, he or she take the samples under the direction of a peace officer. This warrant is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this blank line day of blank line A.D. blank line, at blank line .

(Signature of provincial court judge)

  • 1998, c. 37, s. 24

FORM 5.03 (Subsections 487.051(1) and (2)) Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To the peace officers in (territorial division):

Whereas (name of person) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), which, on the day on which the person was sentenced or discharged, was a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated (date)blank line, at blank line(place).

(Signature of judge of the court or clerk of the court)

  • 1998, c. 37, s. 24
  • 2002, c. 1, s. 185
  • 2005, c. 25, s. 12
  • 2007, c. 22, s. 23
  • 2019, c. 25, s. 330

FORM 5.04 (Subsection 487.051(3)) Order Authorizing the Taking of Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To the peace officers in (territorial division):

Whereas (name of person), in this order called the "person",

  • (a) has been found not criminally responsible on account of mental disorder for (offence), which, on the day on which the finding was made, was a primary designated offence within the meaning of section 487.04 of the Criminal Code, or

  • (b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.04 of the Criminal Code (check applicable box):

    • [ ] (i) an offence under the Criminal Code for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

    • [ ] (i.01) an offence under any of sections 9 to 14 of the Cannabis Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

    • [ ] (ii) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

    • [ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 264, 264.1, 266 and 270, subsections 286.1(1) and 320.16(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

    • [ ] (iv) an offence under section 433 or 434 of the Criminal Code as that section read from time to time before July 1, 1990,

    • [ ] (iv.1) an offence under section 252 of the Criminal Code, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, or

    • [ ] (v) an attempt or a conspiracy to commit an offence referred to in any of subparagraphs (i) to (ii) that was prosecuted by indictment (or, if applicable, an attempt or a conspiracy to commit an offence referred to in subparagraph (iii) or (iv));

Whereas the person's criminal record, the nature of the offence, the circumstances surrounding its commission, whether the person was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the person's privacy and security have been considered by the court;

And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;

Therefore, you are authorized to take or cause to be taken from (name of person) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated (date)blank line, at blank line(place).

(Signature of judge of the court or clerk of the court)

  • 1998, c. 37, s. 24
  • 2002, c. 1, s. 186
  • 2005, c. 25, s. 12
  • 2007, c. 22, s. 23
  • 2012, c. 1, s. 38
  • 2014, c. 25, s. 32
  • 2018, c. 16, s. 224, c. 21, s. 29
  • 2019, c. 25, s. 331

FORM 5.041 (Subsections 487.051(4) and 487.055(3.11)) Order to a Person To Have Bodily Substances Taken for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To A.B., of blank line ,

Whereas an order has been made under section 487.051, or an authorization has been granted under section 487.055, of the Criminal Code, to take from you the number of samples of bodily substances that is reasonably required for forensic DNA analysis;

This is therefore to order you, in Her Majesty's name, to appear on blank line(date)blank line blank line, at blank line(hour), at (blank line place), for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code.

You are warned that failure to appear in accordance with this order may result in a warrant being issued for your arrest under subsection 487.0551(1) of the Criminal Code. You are also warned that failure to appear, without reasonable excuse, is an offence under subsection 487.0552(1) of that Act.

Subsection 487.0551(1) of the Criminal Code states as follows:

  • 487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Subsection 487.0552(1) of the Criminal Code states as follows:

  • 487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

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

    • (b) an offence punishable on summary conviction.

Dated (date)blank line, at blank line(place).

(Signature of judge of the court or clerk of the court)

  • 2007, c. 22, s. 23
  • 2019, c. 25, s. 332

FORM 5.05 (Subsection 487.055(1)) Application for an Authorization To Take Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

I (name of peace officer), (occupation), of blank line in (territorial division), apply for an authorization to take bodily substances for forensic DNA analysis. A certificate referred to in paragraph 667(1)(a) of the Criminal Code is filed with this application.

Whereas (name of offender), before June 30, 2000,

  • (a) had been declared a dangerous offender under Part XXIV of the Criminal Code,

  • (b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,

  • (c) had been convicted of murder,

  • (c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and is currently serving a sentence of imprisonment for that offence,

  • (d) had been convicted of a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code and is currently serving a sentence of imprisonment for that offence, or

  • (e) had been convicted of manslaughter and is currently serving a sentence of imprisonment for that offence;

Therefore, I request that an authorization be granted under subsection 487.055(1) of the Criminal Code to take from (name of offender) the number of samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

Dated this blank line day of blank line , A.D. blank line , at blank line .

(Signature of applicant)

  • 1998, c. 37, s. 24
  • 2005, c. 25, s. 12
  • 2007, c. 22, s. 23

FORM 5.06 (Subsection 487.055(1)) Authorization To Take Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To the peace officers in (territorial division):

Whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Whereas (name of offender), before June 30, 2000,

  • (a) had been declared a dangerous offender under Part XXIV of the Criminal Code,

  • (b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,

  • (c) had been convicted of murder,

  • (c.1) had been convicted of attempted murder or conspiracy to commit murder or to cause another person to be murdered and, on the date of the application, was serving a sentence of imprisonment for that offence,

  • (d) had been convicted of a sexual offence within the meaning of subsection 487.055(3) of the Criminal Code and, on the date of the application, was serving a sentence of imprisonment for that offence, or

  • (e) had been convicted of manslaughter and, on the date of the application, was serving a sentence of imprisonment for that offence;

And whereas I have considered the offender's criminal record, the nature of the offence, the circumstances surrounding its commission and the impact that this authorization would have on the offender's privacy and security of the person;

Therefore, you are authorized to take those samples or cause them to be taken from (name of offender), provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This authorization is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this blank line day of blank line , A.D., at blank line .

(Signature of provincial court judge)

  • 1998, c. 37, s. 24
  • 2005, c. 25, s. 12
  • 2007, c. 22, s. 23

FORM 5.061 (Subsections 487.055(4) and 487.091(3)) Summons to a Person To Have Bodily Substances Taken for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To A.B., of blank line ,

Whereas an authorization has been granted under section 487.055 or 487.091 of the Criminal Code to take from you the number of samples of bodily substances that is reasonably required for forensic DNA analysis;

This is therefore to command you, in Her Majesty's name, to appear on blank line , the blank line day of blank line , A.D. blank line , at blank line o'clock, at blank line , for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.06(1) of the Criminal Code. A peace officer, or a person who is acting under a peace officer's direction, who takes the samples of bodily substances may use as much force as necessary to do so.

You are warned that failure to appear in accordance with this summons may result in a warrant being issued for your arrest under subsection 487.0551(1) of the Criminal Code. You are also warned that failure to appear, without reasonable excuse, is an offence under subsection 487.0552(1) of that Act.

Subsection 487.0551(1) of the Criminal Code states as follows:

  • 487.0551 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11) or in a summons referred to in subsection 487.055(4) or 487.091(3), a justice of the peace may issue a warrant for their arrest in Form 5.062 to allow samples of bodily substances to be taken.

Subsection 487.0552(1) of the Criminal Code states as follows:

  • 487.0552 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 487.051(4) or 487.055(3.11) of this Act or under subsection 196.14(4) or 196.24(4) of the National Defence Act, or with a summons referred to in subsection 487.055(4) or 487.091(3) of this Act, is guilty of

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

    • (b) an offence punishable on summary conviction.

Dated (date)blank line, at blank line(place).

(Signature of judge of the court or clerk of the court)

  • 2007, c. 22, s. 23
  • 2019, c. 25, s. 333

FORM 5.062 (Subsection 487.0551(1)) Warrant for Arrest

Canada

Province of blank line

(territorial division)

To the peace officers in (territorial division):

This warrant is issued for the arrest of A.B., of blank line , (occupation), in this warrant called the "offender".

Whereas the offender failed to appear at the place, day and time set out in an order made under subsection 487.051(4) or 487.055(3.11), or in a summons referred to in subsection 487.055(4) or 487.091(3), of the Criminal Code to submit to the taking of samples of bodily substances;

This is, therefore, to command you, in Her Majesty's name, to arrest the offender without delay in order to allow the samples of bodily substances to be taken.

Dated this blank line day of blank line A.D. blank line , at blank line .

A Justice of the Peace in and for blank line

  • 2007, c. 22, s. 23

FORM 5.07 (Subsection 487.057(1)) Report to a Provincial Court Judge or the Court

Canada

Province of blank line

(territorial division)

  • [ ] To (name of judge), a judge of the provincial court who issued a warrant under section 487.05 or granted an authorization under section 487.055 or 487.091 of the Criminal Code or to another judge of that court:

  • [ ] To the court that made an order under section 487.051 of the Criminal Code:

I (name of peace officer), declare that (state here whether the samples were taken under a warrant issued under section 487.05, an order made under section 487.051 or an authorization granted under section 487.055 or 487.091 of the Criminal Code ).

I have (state here whether you took the samples yourself or caused them to be taken under your direction) from (name of offender) the number of samples of bodily substances that I believe is reasonably required for forensic DNA analysis, in accordance with (state whether the samples were taken under a warrant issued or an authorization granted by the judge or another judge of the court or an order made by the court).

The samples were taken on the blank line day of blank line , A.D. blank line , at blank line o'clock.

I (or state the name of the person who took the samples) took the following samples from (name of offender) in accordance with subsection 487.06(1) of the Criminal Code and was able, by virtue of training or experience, to do so (check applicable box):

  • [ ] individual hairs, including the root sheath

  • [ ] epithelial cells taken by swabbing the lips, tongue or inside cheeks of the mouth

  • [ ] blood taken by pricking the skin surface with a sterile lancet

Any terms or conditions in the (warrant, order or authorization) have been complied with.

Dated this blank line day of blank line A.D. blank line , at blank line .

(Signature of peace officer)

  • 1998, c. 37, s. 24
  • 2007, c. 22, s. 24

FORM 5.08 (Subsection 487.091(1)) Application for an Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

I (name of peace officer), (occupation), of blank line in (territorial division), apply for an authorization to take additional samples of bodily substances for forensic DNA analysis.

Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051, or an authorization granted under section 487.055, of the Criminal Code (attach a copy of the order or authorization);

And whereas on (day/month/year) it was determined that

  • (a) a DNA profile could not be derived from the samples for the following reasons:

  • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

Therefore, I request that an authorization be granted under subsection 487.091(1) of the Criminal Code to take from (name of offender) the number of additional samples of bodily substances that is reasonably required for forensic DNA analysis, provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

Dated this blank line day of blank line , A.D. blank line , at blank line .

(Signature of applicant)

  • 1998, c. 37, s. 24
  • 2005, c. 25, s. 13
  • 2007, c. 22, s. 25

FORM 5.09 (Subsection 487.091(1)) Authorization To Take Additional Samples of Bodily Substances for Forensic DNA Analysis

Canada

Province of blank line

(territorial division)

To the peace officers in (territorial division):

Whereas samples of bodily substances were taken from (name of offender) for the purpose of forensic DNA analysis under an order made under section 487.051 or an authorization granted under section 487.055, of the Criminal Code;

Whereas on (day/month/year) it was determined that

  • (a) a DNA profile could not be derived from the samples for the following reasons:

  • (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost for the following reasons:

And whereas (name of peace officer), a peace officer in (territorial division), has applied for an authorization to take the number of additional samples of bodily substances from (name of offender) that is reasonably required for forensic DNA analysis by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code;

Therefore, you are authorized to take those additional samples, or cause them to be taken, from (name of offender), provided that the person taking the samples is able, by virtue of training or experience, to take them by means of the investigative procedures described in subsection 487.06(1) of the Criminal Code and that, if the person taking the samples is not a peace officer, they take them under the direction of a peace officer.

This authorization is subject to the following terms and conditions that I consider advisable to ensure that the taking of the samples is reasonable in the circumstances:

Dated this blank line day of blank line , A.D. blank line , at blank line .

(Signature of provincial court judge)

  • 1998, c. 37, s. 24
  • 2005, c. 25, s. 13
  • 2007, c. 22, s. 25

FORM 5.1 (Sections 320.29 and 487.1) Warrant To Search

Canada,

Province of [specify province].

To A.B. and other peace officers in the [territorial division in which the warrant is intended for execution]:

Whereas it appears on the oath of A.B., a peace officer in the [territorial division in which the warrant is intended for execution], that there are reasonable grounds for dispensing with an information presented personally and in writing; and that there are reasonable grounds for believing that the following things

[describe things to be searched for]

relevant to the investigation of the following indictable offence

[describe offence in respect of which search is to be made]

are to be found in the following place or premises

[describe place or premises to be searched]:

This is, therefore, to authorize you to enter the said place or premises between the hours of [as the justice may direct] and to search for and seize the said things and to report thereon as soon as practicable but within a period not exceeding seven days after the execution of the warrant to the clerk of the court for the [territorial division in which the warrant is intended for execution].

Issued at [time] on the [day] of [month] A.D. [year], at [place].

A Judge of the Provincial Court in and for the Province of [specify province].

To the Occupant: This search warrant was issued by telephone or other means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath.

You may obtain from the clerk of the court a copy of the report filed by the peace officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held.

  • R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 17
  • 2018, c. 21, s. 30

FORM 5.2 (Section 489.1) Report to a Justice

Canada,

Province of blank line,

(territorial division).

To the justice who issued a warrant to the undersigned under section 320.29, 487 or 487.1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under section 320.29, 487 or 487.1 of the Criminal Code or under section 489 of the Criminal Code or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)

  • 1 searched the premises situated at blank line; and

  • 2 seized the following things and dealt with them as follows:

    Property Seized

    (describe each thing seized)

    Disposition

    (state, in respect of each thing seized, whether

    • (a)it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or

    • (b)it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom, it is being detained.)
    1. blank line blank line
    2. blank line blank line
    3. blank line blank line
    4. blank line blank line

In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.1(9) of the Criminal Code shall be specified in the report.

Dated (date), at (place).

Signature of the peace officer or other person

  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2018, c. 21, s. 31

FORM 5.3 (Section 462.32) Report to a Judge of Property Seized

Canada,

Province of blank line,

(territorial division).

To a judge of the court from which the warrant was issued (specify court):

I, (name of the peace officer or other person) have acted under a warrant issued under section 462.32 of the Criminal Code and have

  • 1 searched the premises situated at blank line; and

  • 2 seized the following property:

    Property Seized

    (describe each item of property seized)

    Location

    (state, in respect of each item of property seized, the location where it is being detained).
    1. blank line blank line
    2. blank line blank line
    3. blank line blank line
    4. blank line blank line

Dated this blank line day of blank line A.D. blank line , at blank line .

Signature of peace officer or other person

  • R.S., 1985, c. 42 (4th Supp.), s. 6

FORM 6 (Section 2) Summons to a Person Charged with an Offence

Canada,

Province of blank line

(territorial division).

To (name of person), of blank line, born on (date of birth):

Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);

Therefore, you are ordered, in Her Majesty's name:

  • (a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and

  • (b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.

You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons.

If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code).

Signed on (date), at (place).

blank line

(Signature of judge, justice, clerk of the court or chairperson of the Review Board)

blank line

(Name of the judge, justice or chairperson)

  • R.S., 1985, c. C-46, Form 6
  • R.S., 1985, c. 27 (1st Supp.), s.184
  • 2018, c. 29, s. 69
  • 2019, c. 25, s. 334

FORM 7 (Sections 475, 493, 597, 800 and 803) Warrant for Arrest

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division):

This warrant is issued for the arrest of (name of person), of blank line, born on (date of birth), referred to in this warrant as the accused.

Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);

And because (check those that are applicable):

  • □ (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];

  • □ (b) the accused failed to attend court in accordance with the summons served on the accused [512(2)];

  • □ (c) (an appearance notice or undertaking) was confirmed and the accused failed to attend court in accordance with it [512(2)];

  • □ (d) it appears that a summons cannot be served because the accused is evading service [512(2)];

  • □ (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];

  • □ (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (summons or appearance notice or undertaking or release order) on which the accused was released [512.3];

  • □ (g) there are reasonable grounds to believe that the accused has committed an indictable offence since their release from custody on (summons or appearance notice or undertaking or release order) [512.3];

  • □ (h) the accused was required by (appearance notice or undertaking or summons) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act and did not appear at that time and place [512.1, 512.2];

  • □ (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for their trial [597];

  • □ (j) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).

Therefore, you are ordered, in Her Majesty's name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law.

  • □ (Check if applicable) Because there are reasonable grounds to believe that the accused is or will be present in (specify dwelling-house), this warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested is present in the dwelling-house.

Signed on (date), at (place).

blank line

(Signature of judge, provincial court judge, justice or clerk of the court)

blank line

(Name of the judge, provincial court judge or justice who has issued this warrant)

  • R.S., 1985, c. C-46, Form 7
  • R.S., 1985, c. 27 (1st Supp.), s.203
  • 1997, c. 39, s. 3
  • 1999, c. 5, s. 46
  • 2019, c. 25, s. 335

FORM 7.1 (Section 529.1) Warrant To Enter Dwelling-house

Canada,

Province of blank line,

(territorial division).

To the peace officers in the said (territorial division):

This warrant is issued in respect of the arrest of A.B., or a person with the following description (blank line), of blank line, (occupation).

Whereas there are reasonable grounds to believe:Footnote *

  • (a) a warrant referred to in this or any other Act of Parliament to arrest or apprehend the person is in force anywhere in Canada;

  • (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 of the Criminal Code; or

  • (c) grounds exist to arrest or apprehend without warrant the person under an Act of Parliament, other than this Act;

And whereas there are reasonable grounds to believe that the person is or will be present in (here describe dwelling-house);

This warrant is issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the person.

Dated this blank line day of blank line A.D. blank line, at blank line .

Judge, Clerk of the Court, Provincial Court Judge or Justice

  • Return to footnote * Initial applicable recital.

  • 1997, c. 39, s. 3
  • 2002, c. 13, s. 85

FORM 8 (Sections 493 and 515) Warrant for Committal

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at blank line:

This warrant is issued for the committal of (name of person), of blank line, born on (date of birth), referred to in this warrant as the accused.

Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);

And because (check those that are applicable):

  • □ (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];

  • □ (b) a release order has been issued but the accused has not yet complied with the conditions of the order [519(1), 520(9), 521(10), 524(8), 525(6)];Footnote *

  • □ (c) the application by the prosecutor for a review of the release order has been allowed and that release order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];

  • □ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3) and (4)];

  • □ (e) there are reasonable grounds to believe that the accused has committed an indictable offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];

  • □ (f) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).

Therefore, you are ordered, in Her Majesty's name, to arrest the accused and convey them safely to the (prison) at blank line, and there deliver them to its keeper, with the following order:

You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.

Signed on (date), at (place).

blank line

(Signature of judge, justice or clerk of the court)

blank line

(Name of the judge or justice who has issued this warrant)

  • Return to footnote * If the person having custody of the accused is authorized under paragraph 519(1)(b) of the Criminal Code to release the accused if they comply with a release order, endorse the authorization on this warrant and attach a copy of the order.

  • R.S., 1985, c. C-46, Form 8
  • R.S., 1985, c. 27 (1st Supp.), ss. 184, 203
  • 2019, c. 25, s. 336

FORM 9 (Section 2) Appearance Notice

Canada,

Province of blank line

(territorial division)

  • 1Identification

    Surname: blank line Given name(s): blank line

    Date of Birth: blank line

  • 2Contact Information

    blank line

  • 3Alleged Offence

    You are alleged to have committed (set out briefly the substance of the offence, including any failure referred to in section 496, that the accused is alleged to have committed).

    • □ (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.1 for a failure under section 496.

  • 4Conditions

    You must attend court as indicated below, and afterwards as required by the court:

    Date: blank line

    Time: blank line

    Court number: blank line

    Court address: blank line

  • 5Appearance for the purposes of the Identification of Criminals Act (if applicable)

    • □ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.

  • 6Consequence for non-compliance

    You are warned that,

    (a) in the case where charges have been laid against you, unless you have a lawful excuse, you commit an offence under subsection 145(3) of the Criminal Code if you fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this appearance notice;

    (b) in the case where no charges have been laid against you and you fail to appear at a judicial referral hearing under section 523.1, as required in this appearance notice, charges may be laid against you for the alleged offence described in item 3 of this notice.

    If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

    It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).

    If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

  • 7Signatures

    ACCUSED:

    I understand the contents of this appearance notice and agree to comply with it.

    Signed on (date), at (place).

    blank line

    (Signature of accused)

    PEACE OFFICER:

    Signed on (date), at (place).

    blank line

    (Signature of peace officer)

    blank line

    (Name of the peace officer)

  • R.S., 1985, c. C-46, Form 9
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 1994, c. 44, s. 84
  • 1997, c. 18, s. 115
  • 2018, c. 29, s. 70
  • 2019, c. 25, s. 337

FORM 10 (Section 2) Undertaking

Canada,

Province of blank line

(territorial division).

  • 1Identification

    Surname: blank line Given name(s): blank line

    Date of Birth: blank line

  • 2Contact Information

    blank line

  • 3Charge(s)

    (set out briefly the offence in respect of which the accused was charged)

  • 4Mandatory Condition

    You must attend court as indicated below, and afterwards as required by the court:

    Date: blank line

    Time: blank line

    Court number: blank line

    Court address: blank line

  • 5Additional Conditions

    You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused's attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence):

    • □ (a) You must report to (name or title) at (place) on (date or dates).

    • □ (b) You must remain within the following territorial jurisdiction: blank line

    • □ (c) You must notify (name, title and phone number) of any change of your (address, employment or occupation).

    • □ (d) You must not communicate, directly or indirectly, with blank line, except in accordance with the following conditions: blank line

    • □ (e) You must not go to (places which are related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: blank line

    • □ (f) You must not enter the areas (describe in detail the boundaries of the areas related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: blank line

    • □ (g) You must deposit all your passports with (name or title) at (place) before (date).

    • □ (h) You must reside at (place), be at that residence between (hour) and (hour), and present yourself at the entrance of that residence when a peace officer or (name and title of another person) requests you to do so within those hours.

    • □ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).

    • □ (j) You promise to pay the amount of blank line (not more than $500), if you fail to comply with a condition of this undertaking.

    • □ (k) You must deposit money or other valuable security whose value is equal to the amount of blank line (not more than $500) with (name or title), because you are not ordinarily resident in the province or do not reside within 200 km of the place in which you are in custody.

    • □ (l) You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): blank line

  • 6Appearance for the purposes of the Identification of Criminals Act

    • □ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.

  • 7Variation and Replacement

    The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code.

  • 8Conditions in effect

    The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

  • 9Consequence for non-compliance

    You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including

    • (a) to fail to attend court as required;

    • (b) to fail to appear as required for the purposes of the Identification of Criminals Act;

    • (c) to fail to remain in the territorial jurisdiction specified in section 5 of this undertaking (if applicable).

    If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

    It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).

    If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

    If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).

  • 10Signatures

    ACCUSED:

    I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark.

    I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing.

    Signed on (date), at (place).

    blank line

    (Signature of accused)

    PEACE OFFICER:

    Signed on (date), at (place).

    blank line

    (Signature of peace officer)

    blank line

    (Name of the peace officer)

  • R.S., 1985, c. C-46, Form 10
  • 1994, c. 44, s. 84
  • 1997, c. 18, s. 115
  • 2018, c. 29, s. 70
  • 2019, c. 25, s. 337

FORM 11 (Section 2) Release Order

Canada,

Province of blank line

(territorial division).

  • 1Identification

    Surname: blank line Given name(s): blank line

    Date of Birth: blank line

  • 2Contact Information

    blank line

  • 3Charge(s)

    (set out briefly the offence in respect of which the accused was charged)

  • 4Financial Obligations

    • □ You do not have any financial obligations under this release order.

    or

    In order for you to be released, the obligations that are indicated below by a check mark must be complied with.

    • □ You promise to pay the amount of blank line if you fail to comply with a condition of this release order.

    • □ You must deposit money in the amount of blank line or other valuable security whose value does not exceed blank line with the clerk of the court.

    • □ The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of blank line

  • 5Conditions

    You must comply with the conditions that are indicated below by a check mark.

    • □ You must report to (name or title) at (place) on (date or dates).

    • □ You must remain within the territorial jurisdiction of (province or territory).

    • □ You must notify (name, title and phone number) of any change of your (address, employment or occupation).

    • □ You must not communicate, directly or indirectly, with (victims, witnesses or other persons), except in accordance with the following conditions: blank line

    • □ You must not go to (place) or enter (geographic area), except in accordance with the following conditions: blank line

    • □ You must deposit all your passports with (name or title) at (place) before (date).

    • □ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).

    • □ You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): blank line

    • □ You must comply with the following conditions: blank line

  • 6Variation

    The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed.

  • 7Conditions in effect

    The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

  • 8Consequence for non-compliance

    You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required.

    If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

    If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).

    If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).

  • 9Signatures

    SURETY: (if applicable)

    I understand my role and my responsibilities under this release order and I agree to act as a surety.

    I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order.

    • □ Surety Declaration is attached (section 515.1 of the Criminal Code).

    • □ Surety is excepted from providing Surety Declaration (subsection 515.1(2) of the Criminal Code).

    Signed on (date), at (place).

    blank line

    (Signature of the surety)

    ACCUSED:

    I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark.

    I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained.

    Signed on (date), at (place).

    blank line

    (Signature of accused)

    JUDGE, JUSTICE OR CLERK OF THE COURT:

    Signed on (date), at (place).

    blank line

    (Signature of judge, justice or clerk of the court)

    blank line

    (Name of judge or justice who has issued this order)

  • R.S., 1985, c. C-46, Form 11
  • 1992, c. 1, s. 58
  • 1994, c. 44, s. 84
  • 1997, c. 18, s. 115
  • 2018, c. 29, s. 70
  • 2019, c. 25, s. 337

FORM 11.1

[Repealed, 2019, c. 25, s. 337]

FORM 12 (Section 515.1) Surety Declaration

Canada,

Province of blank line,

(territorial division).

  • 1Identification

    Surname: blank line Given name(s): blank line

    Date of Birth: blank line

    Home address: blank line

    Phone number(s): blank line (primary) blank line (other)

    Other contact information (if any): blank line

    Employment or occupation (if any): blank line

    Name and contact information for employer (if any): blank line

  • 2Information about the Accused

    Surname: blank line Given name(s): blank line

    Date of Birth: blank line

    Court file number: blank line

  • 3Other information required

    Relationship to the accused: blank line

    I am acting as a surety in respect of another accused.

    □ Yes □ No

    If yes, name and date of birth of any other accused: blank line

    I have a criminal record or there are outstanding criminal charges against me.

    □ Yes □ No

    If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction: blank line

  • 4Charges against the Accused

    I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged).

  • 5Other Outstanding Charges against the Accused

    □ I understand that the accused does not have any other outstanding criminal charges.

    □ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges.

  • 6 Criminal Record of the Accused

    □ I understand that the accused does not have a criminal record.

    □ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled.

    blank line

  • 7Financial Promise or Deposit

    As a surety for the accused, I am willing to (promise or deposit) to the court the amount of blank line

  • 8Acknowledgment

    I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited.

    I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code).

    I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety.

  • 9Signature

    Signed on (date), at (place).

    blank line

    (Signature of the surety)

    Sworn before me on (date), at (place).

    blank line

    (Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation)

  • R.S., 1985, c. C-46, Form 12
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 1994, c. 44, s. 84
  • 1999, c. 25, s. 25
  • 2008, c. 18, s. 45.1
  • 2018, c. 29, s. 72
  • 2019, c. 25, s. 337

FORM 13

[Repealed, 2019, c. 25, s. 337]

FORM 14

[Repealed, 2019, c. 25, s. 337]

FORM 15 (Section 543) Warrant To Convey Accused Before Justice of Another Territorial Division

Canada,

Province of blank line,

(territorial division).

To the peace officers in the said (territorial division):

Whereas A.B., of blank line hereinafter called the accused, has been charged that (state place of offence and charge);

And whereas the deposition of X.Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice);

And Whereas the charge is for an offence committed in the (territorial division);

This is to command you, in Her Majesty's name, to convey the said A.B., before a justice of the (last mentioned territorial division).

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 15
  • 2019, c. 25, s. 338

FORM 16 (Section 699) Subpoena to a Witness

Canada,

Province of blank line,

(territorial division).

To E.F., of blank line, (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 blank line the blank line day of blank line A.D. blank line, at blank line o'clock in the blank line noon at blank line to give evidence concerning the said charge.Footnote *

  • Return to footnote * Where a witness is required to produce anything, add the following:

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).

Dated this blank line day of blank line A.D. blank line, at blank line .

A Judge, Justice or Clerk of the court

(Seal, if required)

  • R.S., 1985, c. C-46, Form 16
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 1999, c. 5, s. 47

FORM 16.1 (Subsections 278.3(5) and 699(7)) Subpoena to a Witness in the Case of Proceedings in Respect of an Offence Referred to in Subsection 278.2(1) of the Criminal Code

Canada,

Province of blank line,

(territorial division).

To E.F., of blank line, (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 blank line the blank line day of blank line A.D. blank line, at blank line o'clock in the blank line noon at blank line 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 as 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 278.91 of the Criminal Code as to whether and to what extent it should be produced.

If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 of the Criminal Code, this subpoena must be accompanied by a copy of an application for the production of the record made pursuant to section 278.3 of the Criminal Code, and you will have an opportunity to make submissions to the court concerning the production of the record.

If anything specified above is a record as defined in section 278.1 of the Criminal Code, the production of which is governed by sections 278.1 to 278.91 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, without limiting the generality of the foregoing, medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records 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.

Dated this blank line day of blank line A.D. blank line, at blank line .

Judge, Clerk of the Court, Provincial Court Judge or Justice

(Seal, if required)

  • 1997, c. 30, s. 3

FORM 17 (Sections 698 and 705) Warrant for Witness

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division):

Whereas A.B. of blank line, has been charged that (state offence as in the information);

And Whereas it has been made to appear that E.F. of blank line, hereinafter called the witness, is likely to give material evidence for (the prosecution or the defence) and thatFootnote *

  • Return to footnote * Insert whichever of the following is appropriate:

  • (a) the said E.F. will not attend unless compelled to do so;

  • (b) the said E.F. is evading service of a subpoena;

  • (c) the said E.F. was duly served with a subpoena and has neglected (to attend at the time and place appointed therein or to remain in attendance);

  • (d) the said E.F. was bound by a recognizance to attend and give evidence and has neglected (to attend or to remain in attendance).

This is therefore to command you, in Her Majesty's name, to arrest and bring the witness forthwith before (set out court or justice) to be dealt with in accordance with section 706 of the Criminal Code.

Dated this blank line day of blank line A.D. blank line, at blank line .

A Justice or Clerk of the Court

(Seal, if required)

  • R.S., 1985, c. C-46, Form 17
  • R.S., 1985, c. 27 (1st Supp.), s. 184

FORM 18 (Section 704) Warrant To Arrest an Absconding Witness

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division):

Whereas A.B., of blank line, has been charged that (state offence as in the information);

And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.D., of blank line, in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);

This is therefore to command you, in Her Majesty's name, to arrest the witness and bring him forthwith before (the court, judge, justice or provincial court judge before whom the witness is bound to appear) to be dealt with in accordance with section 706 of the Criminal Code.

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 18
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 2019, c. 25, s. 339

FORM 19 (Sections 516 and 537) Warrant Remanding a Prisoner

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division):

You are hereby commanded forthwith to arrest, if necessary, and convey to the (prison) at blank line the persons named in the following schedule each of whom has been remanded to the time mentioned in the schedule:

Person charged blank line Offence blank line Remanded to

And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person's remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on blank line(date),blank line at blank line(hour), at blank line(place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time.

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 19
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 340

FORM 20 (Section 545) Warrant of Committal of Witness for Refusing to Be Sworn or to Give Evidence

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division):

Whereas A.B. of blank line, in this warrant called the accused, has been charged that (set out offence as in the information);

And whereas E.F. of blank line, in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely blank lineor refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure;

This is therefore to direct you, in Her Majesty's name, to arrest, if necessary, and take the witness and convey them safely to the prison at blank line, and there deliver them to the keeper of it, together with the following precept:

You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of blank line days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 20
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 341

FORM 21 (Sections 570 and 806) Warrant of Committal on Conviction

Canada,

Province of blank line,

(territorial division).

To the peace officers in (territorial division) and to the keeper of (prison) at blank line :

Whereas (name), in this Form called the offender, was, on the blank line day of blank line 20blank line, convicted by (name of judge and court) of having committed the following offence(s) and it was adjudged that the offender be sentenced as follows:

Offence

(state offence of which offender was convicted)

Sentence

(state term of imprisonment for the offence and, in case of imprisonment for default of payment of fine, so indicate together with the amount of it and applicable costs and whether payable immediately or within a time fixed)

Remarks

(state the amount of time spent in custody before sentencing, the term of imprisonment that would have been imposed before any credit was granted under subsection 719(3) or (3.1), the amount of time credited, if any, and whether the sentence is consecutive or concurrent, and specify consecutive to or concurrent with what other sentence)
1. blank line blank line blank line
2. blank line blank line blank line
3. blank line blank line blank line
4. blank line blank line blank line

You are hereby commanded, in Her Majesty's name, to arrest the offender if it is necessary to do so in order to take the offender into custody, and to take and convey him or her safely to (prison) at blank line and deliver him or her to its keeper, who is hereby commanded to receive the accused into custody and to imprison him or her there for the term(s) of his or her imprisonment, unless, if a term of imprisonment was imposed only in default of payment of a fine or costs, those amounts and the costs and charges of the committal and of conveying the offender to that prison are paid sooner, and this is a sufficient warrant for so doing.

Dated this blank line day of blank line 20blank line, at blank line .

Clerk of the Court, Justice, Judge or Provincial Court Judge

  • R.S., 1985, c. C-46, Form 21
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 1995, c. 22, s. 9
  • 2009, c. 29, s. 4

FORM 22 (Section 806) Warrant of Committal on an Order for the Payment of Money

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at blank line:

Whereas A.B., hereinafter called the defendant, was tried on an information alleging that (set out matter of complaint), and it was ordered that (set out the order made), and in default that the defendant be imprisoned in the (prison) at blank line for a term of blank line;

You are directed, in Her Majesty's name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at blank line, and deliver them to the keeper of the prison, together with the following precept:

You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of blank line, unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant.

Dated (date)blank line, at blank line(place).

(Signature of provincial court judge, justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 22
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 342

FORM 23 (Sections 810 and 810.1) Warrant of Committal for Failure To Furnish Recognizance To Keep the Peace

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at blank line:

Whereas A.B., hereinafter called the accused, has been ordered to enter into a recognizance to keep the peace and be of good behaviour, and has (refused or failed) to enter into a recognizance accordingly;

You are hereby commanded, in Her Majesty's name, to arrest, if necessary, and take the accused and convey him safely to the (prison) at blank line and deliver him to the keeper thereof, together with the following precept:

You, the said keeper, are hereby commanded to receive the accused into your custody in the said prison and imprison him there until he enters into a recognizance as aforesaid or until he is discharged in due course of law.

Dated this blank line day of blank line A.D. blank line, at blank line .

Clerk of the Court, Justice or Provincial Court Judge

(Seal, if required)

  • R.S., 1985, c. C-46, Form 23
  • R.S., 1985, c. 27 (1st Supp.), ss. 184, 203
  • 1993, c. 45, s. 12

FORM 24 (Section 550) Warrant of Committal of Witness for Failure to Enter into Recognizance

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at blank line:

Whereas A.B., in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);

And whereas E.F., in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;

This is therefore to direct you, in Her Majesty's name, to arrest, if necessary, and take and safely convey the witness to the (prison) at blank line and there deliver them to the keeper of it, together with the following precept:

You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court)

blank line

  • R.S., 1985, c. C-46, Form 24
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 343

FORM 25 (Section 708) Warrant of Committal for Contempt

Canada,

Province of blank line,

(territorial division).

To the peace officers in the (territorial division) and to the keeper of the (prison) at (place)blank line:

Because E.F. of blank line blank line, in this warrant called the defaulter, was on (date) blank line, at blank line blank line (place), convicted before blank line blank line for contempt because the defaulter did not attend before blank line blank line to give evidence on the trial of a charge that (state offence as in the information) against A.B. of blank line blank line, although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default;

And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);

And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)

Therefore, you are ordered, in Her Majesty's name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at blank line blank line and there deliver them to its keeper, together with the following order:

You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely thereFootnote * and for so doing this is a sufficient warrant.

  • Return to footnote * Insert whichever of the following is applicable:

  • (a) for the term of blank line;

  • (b) for the term of blank line , unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;

  • (c) for the term of blank line and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.

Dated (date)blank line, at blank line(place).

(Signature of judge, provincial court judge, justice or clerk of the court)

(Seal, if required)

  • R.S., 1985, c. C-46, Form 25
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 344

FORM 26 (Section 827) Warrant of Committal in Default of Payment of Costs of an Appeal

Canada,

Province of blank line,

(territorial division).

To the peace officers of (territorial division) and to the keeper of the (prison) at blank line:

Whereas it appears that on the hearing of an appeal before the (set out court) it was adjudged that A.B., of blank line, hereinafter called the defaulter, should pay to the Clerk of the Court the sum of blank line dollars in respect of costs;

And Whereas the Clerk of the Court has certified that the defaulter has not paid the sum within the time limited therefor;

I do hereby command you, the said peace officers, in Her Majesty's name, to take the defaulter and safely convey him to the (prison) at blank line and deliver him to the keeper thereof, together with the following precept:

I do hereby command you, the said keeper, to receive the defaulter into your custody in the said prison and imprison him for the term of blank line, unless the said sum and the costs and charges of the committal and of conveying the defaulter to the said prison are sooner paid, and for so doing this is a sufficient warrant.

Dated this blank line day of blank line A.D. blank line, at blank line .

A Justice of the Peace in and for blank line

FORM 27 (Section 773) Warrant of Committal on Forfeiture of Amounts

Canada,

Province of blank line,

(territorial division).

To the sheriff of (territorial division) and to the keeper of the (prison) at (place).

This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.

You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at blank line, and deliver them to its keeper, with the following order:

You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of blank line or until satisfaction is made of a judgment debt of blank line, due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).

Dated (date), at (place).

blank line

(Signature of judge of the court or clerk of the court)

blank line

(Name of judge who has issued this warrant of committal)

(Seal, if required)

  • R.S., 1985, c. C-46, Form 27
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 345

FORM 28 (Section 528) Endorsement of Warrant

Canada,

Province of blank line,

(territorial division).

In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division).

Dated (date)blank line, at blank line(place). blank line

(Signature of justice) blank line

  • R.S., 1985, c. C-46, Form 28
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2019, c. 25, s. 346

FORM 28.1

[Repealed, 2007, c. 22, s. 26]

FORM 29 (Section 507) Endorsement of Warrant

Canada,

Province of blank line,

(territorial division).

Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence mentioned in section 522 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act.

Dated this blank line day of blank line A.D. blank line, at blank line .

A Justice of the Peace in and for blank line

  • R.S., 1985, c. C-46, Form 29
  • 1994, c. 44, s. 84

FORM 30 (Section 537) Order for Accused to Be Brought Before Justice Prior to Expiration of Period of Remand

Canada,

Province of blank line,

(territorial division).

To the keeper of the (prison) at blank line:

Whereas by warrant dated (date), A.B., in this order called the accused, was committed to your custody and you were required to keep them safely until the (date)blank line blank line, and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place)blank line at blank line blank line(hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time;

Now, therefore, you are directed to have the accused before blank line at (place)blank line at blank line blank line(hour) to answer to the charge against them and so they may be dealt with according to law.

Dated (date)blank line, at blank line(place).

(Signature of justice or clerk of the court) blank line

  • R.S., 1985, c. C-46, Form 30
  • 2019, c. 25, s. 347

FORM 31 (Section 540) Deposition of a Witness

Canada,

Province of blank line,

(territorial division).

These are the depositions of X.Y., of blank line, and M.N., of blank line, taken before me, this blank line day of blank line A.D., blank line at blank line, in the presence and hearing of A.B., hereinafter called the accused, who stands charged (state offence as in the information).

X.Y., having been duly sworn, deposes as follows: (insert deposition as nearly as possible in words of witness).

M.N., having been duly sworn, deposes as follows:

I certify that the depositions of X.Y., and M.N., written on the several sheets of paper hereto annexed to which my signature is affixed, were taken in the presence and hearing of the accused (and signed by them respectively, in his presence where they are required to be signed by witness). In witness whereof I have hereto signed my name.

A Justice of the Peace in and for blank line

FORM 32 (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.1, 810.2, 817 and 832) Recognizance

Canada,

Province of blank line

(territorial division)

  • 1Identification

    Surname: blank line Given name(s): blank line

    Date of birth: blank line

    Home address: blank line

    Phone number(s): blank line (primary) blank line (other)

    Other contact information (if any): blank line

    Employment or Occupation (if any): blank line

    Name and contact information of employer (if any): blank line

  • 2Financial Promise or Deposit

    Pursuant to blank line (provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ blank line, or the other valuable security described here: blank line

    I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited.

  • 3Conditions

    (List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.)

    blank line

  • 4Variation

    I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied.

  • 5Conditions in effect

    I understand that the conditions in this recognizance remain in effect until they are cancelled or changed or until I have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).

  • 6Signatures

    PERSON WHO IS GIVING RECOGNIZANCE:

    I understand the contents of this form and agree to comply with the conditions that are listed above.

    Signed on blank line (date), at blank line (place).

    blank line

    (Signature of the person)

    blank line

    (Print name)

    SURETY (if applicable):

    I understand my role and my responsibilities under this recognizance and I agree to act as a surety.

    I agree to (promise or deposit) as security to the court the amount of $ blank line

    I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited.

    Surety Declaration (if applicable)

    • □ Surety Declaration attached. (Section 515.1 of the Criminal Code.)

    • □ Surety excepted from providing Surety Declaration. (Subsection 515.1(2) of the Criminal Code.)

    Signed on blank line (date), at blank line (place).

    blank line

    (Signature of the Surety)

    blank line

    (Print name)

    JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT:

    Signed on blank line (date), at blank line (place).

    blank line

    (Signature of the judge, provincial court judge, justice or clerk of the court)

    blank line

    (Print name)

List of Conditions

  • (a) has a surety (sections 462.34, 490.9, 550, 779, 810, 817 and 832 of the Criminal Code);

  • (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

  • (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

  • (d) participates in a treatment program (sections 810.01, 810.1 and 810.2 of the Criminal Code);

  • (e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.01, 810.1 and 810.2 of the Criminal Code);

  • (f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01 and 810.2 of the Criminal Code);

  • (g) returns to and remains at their place of residence at specified times (sections 810.01, 810.1 and 810.2 of the Criminal Code);

  • (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);

  • (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.1 and 810.2 of the Criminal Code);

  • (j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.1 of the Criminal Code);

  • (k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.1 of the Criminal Code);

  • (l) abstains from attending a public park or public swimming area where persons under the age of 16 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);

  • (m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);

  • (n) appears in court as required (sections 550, 706 and 707 of the Criminal Code);

  • (o) in the case where a warrant was issued under section 462.32 of the Criminal Code or a restraint order was made under subsection 462.33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.37 or 462.38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.34 of the Criminal Code);

  • (p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code);

  • (q) any other reasonable conditions, including:

    • – reports at specified times to peace officer or other person designated;

    • – remains within designated territorial jurisdiction;

    • – notifies peace officer or other person designated of any change in their address, employment or occupation;

    • – abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and

    • – deposits all their passports as the judge, provincial court judge or justice directs.

  • R.S., 1985, c. C-46, Form 32
  • R.S., 1985, c. 27 (1st Supp.), ss. 101, 184, 203
  • c. 42 (4th Supp.), s. 7
  • 1993, c. 45, ss. 13, 14
  • 1999, c. 25, s. 27
  • 2019, c. 25, s. 348

FORM 33 (Section 770) Certificate of Default to Be Endorsed

It is certified that A.B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).

The nature of the default is blank line and the reason for the default is blank line (state reason if known).

The names and addresses of the principal and sureties are as follows:

Dated (date)blank line, at blank line(place).

blank line

(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)

(Seal, if required)

  • R.S., 1985, c. C-46, Form 33
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1994, c. 44, s. 84
  • 2019, c. 25, s. 349

FORM 34 (Section 771) Writ of Fieri Facias

Elizabeth II by the Grace of God, etc.

To the sheriff of (territorial division), GREETING.

You are hereby commanded to levy of the goods and chattels, lands and tenements of each of the following persons the amount set opposite the name of each:

Name blank line Address blank line Occupation blank line Amount

And you are further commanded to make a return of what you have done in execution of this writ.

Dated this blank line day of blank line A.D. blank line, at blank line .

Clerk of the blank line

(Seal)

FORM 34.1 (Subsection 737.1(4)) Statement on Restitution

Canada,

Province of blank line,

(territorial division).

To the court that is sentencing (name the offender) who was convicted, or was discharged under section 730 of the Criminal Code, of an offence under that Act.

I, (name of declarant), declare that (check the appropriate box):

  • [ ] (i)

    I am not seeking restitution for the losses and damages I suffered as the result of the commission of the offence.

  • [ ] (ii)

    I am seeking restitution in the amount of $blank line for the following losses and damages I suffered as the result of the commission of the offence.

I declare that I have suffered the following losses and damages as the result of the commission of the offence:

(Complete the following table if seeking restitution.)

Description

(describe each loss and damage)

Amount of loss and damage

(state the amount of each loss and damage)

1. blank line

blank line

2. blank line

blank line

3. blank line

blank line

4. blank line

blank line

I understand that the amount of my losses and damages must be readily ascertainable by the court. For that purpose, I am responsible for providing the court with all necessary documents, including bills, receipts and estimates, in support of my claim for restitution.

Dated this blank line day of blank line 20blank line, at blank line .

Signature of declarant

  • 2011, c. 6, s. 5
  • 2015, c. 13, s. 35

FORM 34.2 (Subsection 722(4)) Victim Impact Statement

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.

Your statement must not include

  • • any statement about the offence or the offender that is not relevant to the harm or loss you suffered;

  • • any unproven allegations;

  • • any comments about any offence for which the offender was not convicted;

  • • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or

  • • except with the court's approval, an opinion or recommendation about the sentence.

You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the offence has affected you emotionally. For example, think of

  • • your lifestyle and activities;

  • • your relationships with others such as your spouse, family and friends;

  • • your ability to work, attend school or study; and

  • • your feelings, emotions and reactions as they relate to the offence.

blank line

blank line

blank line

blank line

Physical impact

Describe how the offence has affected you physically. For example, think of

  • • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;

  • • hospitalization or surgery you have had because of the offence;

  • • treatment, physiotherapy or medication you have been prescribed;

  • • the need for any further treatment or the expectation that you will receive further treatment; and

  • • any permanent or long-term disability.

blank line

blank line

blank line

blank line

Economic impact

Describe how the offence has affected you financially. For example, think of

  • • the value of any property that was lost or damaged and the cost of repairs or replacement;

  • • any financial loss due to missed time from work;

  • • the cost of any medical expenses, therapy or counselling;

  • • any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

blank line

blank line

blank line

blank line

Fears for security

Describe any fears you have for your security or that of your family and friends. For example, think of

  • • concerns with respect to contact with the offender; and

  • • concerns with respect to contact between the offender and members of your family or close friends.

blank line

blank line

blank line

blank line

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.

blank line

blank line

blank line

blank line

  •  I would like to present my statement in court.

To the best of my knowledge, the information contained in this statement is true.

Dated this blank line day of blank line 20blank line, at blank line .

Signature of declarant

If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.

blank line

blank line

Dated this blank line day of blank line 20blank line, at blank line .

Signature of declarant

  • 2015, c. 13, s. 35

FORM 34.3 (Subsection 722.2(2)) Community Impact Statement

This form may be used to provide a description of the harm or loss suffered by a community as the result of the commission of an offence, as well as a description of the impact of the offence on the community. You may attach additional pages if you need more space.

Your statement must not include

  • • any statement about the offence or the offender that is not relevant to the harm or loss suffered by the community;

  • • any unproven allegations;

  • • any comments about any offence for which the offender was not convicted;

  • • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or

  • • except with the court's approval, an opinion or recommendation about the sentence.

Name of community on whose behalf the statement is made: blank line

Explain how the statement reflects this community's views:

blank line

blank line

blank line

blank line

You may present a detailed account of the impact the offence has had on the community. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the offence has affected community members emotionally. For example, think of

  • • community members' lifestyles and activities;

  • • community members' relationships with others in the community and outside it;

  • • community members' ability to work, attend school or study;

  • • community members' feelings, emotions and reactions as they relate to the offence; and

  • • the community's sense of belonging to the region.

blank line

blank line

blank line

blank line

Physical impact

Describe how the offence has affected community members physically. For example, think of

  • • the ability of community members to access services; and

  • • changes in transportation and routes taken to and from school, work, shopping, etc.

blank line

blank line

blank line

blank line

Economic impact

Describe how the offence has affected the community financially. For example, think of

  • • any reduction in the number of visitors or tourists to the region;

  • • the value of any property that was lost or damaged and the cost of repairs or replacement; and

  • • any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

blank line

blank line

blank line

blank line

Fears for security

Describe any fears that community members have for their security or that of their family and friends. For example, think of concerns with respect to contact with the offender.

blank line

blank line

blank line

blank line

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on the community.

blank line

blank line

blank line

blank line

  •  I would like to present this statement in court.

To the best of my knowledge, the information contained in this statement is true.

Dated this blank line day of blank line 20blank line, at blank line .

Signature of declarant

  • 2015, c. 13, s. 35

FORM 35 (Sections 570 and 806) Conviction

Canada,

Province of blank line,

(territorial division).

Be it remembered that on the blank line day of blank line at blank line, A.B., (date of birth) hereinafter called the accused, was tried under Part (XIX or XXVII) of the Criminal Code on the charge that (state fully the offence of which accused was convicted), was convicted of the said offence and the following punishment was imposed on him, namely,Footnote *

  • Return to footnote * Use whichever of the following forms of sentence is applicable:

Dated this blank line day of blank line A.D. blank line, at blank line .

Clerk of the Court, Justice or Provincial Court Judge

(Seal, if required)

  • R.S., 1985, c. C-46, Form 35
  • R.S., 1985, c. 27 (1st Supp.), ss. 184, 203

FORM 36 (Sections 570 and 806) Order Against an Offender

Canada,

Province of blank line,

(territorial division).

Be it remembered that on the blank line day of blank line A.D. blank line, at blank line, A.B., (date of birth) of blank line, was tried on an information (indictment) alleging that (set out matter of complaint or alleged offence), and it was ordered and adjudged that (set out the order made).

Dated this blank line day of blank line A.D. blank line, at blank line

Justice or Clerk of the Court

  • R.S., 1985, c. C-46, Form 36
  • R.S., 1985, c. 27 (1st Supp.), s. 184

FORM 37 (Section 570) Order Acquitting Accused

Canada,

Province of blank line,

(territorial division).

Be it remembered that on the blank line day of blank line A.D. blank line, at blank line A.B., of blank line, (occupation), (date of birth) was tried on the charge that (state fully the offence of which accused was acquitted) and was found not guilty of the said offence.

Dated this blank line day of blank line A.D. blank line, at blank line .

Provincial Court Judge or Clerk of the Court

(Seal, if required)

  • R.S., 1985, c. C-46, Form 37
  • R.S., 1985, c. 27 (1st Supp.), ss. 184, 203

FORM 38 (Section 708) Conviction for Contempt

Canada,

Province of blank line,

(territorial division).

Be it remembered that on (date)blank line, at blank line(place) in the (territorial division), E.F. of blank line, in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;

The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of the Criminal Code).

Dated (date)blank line, at blank line(place).

(Signature of judge, provincial court judge, justice or clerk of the court)

(Seal, if required)

  • R.S., 1985, c. C-46, Form 38
  • 2019, c. 25, s. 350

FORM 39 (Sections 519 and 550) Order for Discharge of a Person in Custody

Canada,

Province of blank line,

(territorial division).

To the keeper of the (prison) at blank line:

You are directed to release E.F., detained by you under a (warrant of committal or order) dated (date)blank line, if E.F. is detained by you for no other cause.

(Signature of judge, justice or clerk of the court)

(Seal, if required)

  • R.S., 1985, c. C-46, Form 39
  • 2019, c. 25, s. 351

FORM 40 (Section 629) Challenge To Array

Canada,

Province of blank line,

(territorial division).

The Queen

v.

C.D.

The (prosecutor or accused) challenges the array of the panel on the ground that X.Y., (sheriff or deputy sheriff), who returned the panel, was guilty of (partiality or fraud or wilful misconduct) on returning it.

Dated this blank line day of blank line A.D. blank line, at blank line .

Counsel for (prosecutor or accused)

FORM 41 (Section 639) Challenge for Cause

Canada,

Province of blank line,

(territorial division).

The Queen

v.

C.D.

The (prosecutor or accused) challenges G.H. on the ground that (set out ground of challenge in accordance with subsection 638(1) of the Criminal Code ).

Counsel for (prosecutor or accused)

FORM 42 (Section 827) Certificate of Non-payment of Costs of Appeal

In the Court of blank line

(Style of Cause)

I hereby certify that A.B. (the appellant or respondent, as the case may be) in this appeal, having been ordered to pay costs in the sum of blank line dollars, has failed to pay the said costs within the time limited for the payment thereof.

Dated this blank line day of blank line A.D. blank line, at blank line .

Clerk of the Court of blank line

(Seal)

FORM 43 (Section 744) Jailer's Receipt to Peace Officer for Prisoner

I hereby certify that I have received from X.Y., a peace officer for (territorial division), one A.B., together with a (warrant or order) issued by (set out court or justice, as the case may be).Footnote *

  • Return to footnote * Add a statement of the condition of the prisoner

Dated this blank line day of blank line A.D. blank line, at blank line .

Keeper of (prison)

  • R.S., 1985, c. C-46, Form 43
  • 1995, c. 22, s. 18

FORM 44 (Section 667)

I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that (name) also known as (aliases if any), FPS Number blank line, whose fingerprints are shown reproduced below (reproduction of fingerprints) or attached hereto, has been convicted, discharged under section 730 of the Criminal Code or convicted and sentenced in Canada as follows:

(record)

Dated this blank line day of blank line A.D. blank line, at blank line

Fingerprint Examiner

  • R.S., 1985, c. C-46, Form 44
  • R.S., 1985, c. 27 (1st Supp.), s. 184, c. 1 (4th Supp.), s. 18
  • 1995, c. 22, s. 18
  • 2005, c. 10, s. 34

FORM 45 (Section 667)

I, (name), a fingerprint examiner designated as such for the purposes of section 667 of the Criminal Code by the Minister of Public Safety and Emergency Preparedness, do hereby certify that I have compared the fingerprints reproduced in or attached to exhibit A with the fingerprints reproduced in or attached to the certificate in Form 44 marked exhibit B and that they are those of the same person.

Dated this blank line day of blank line A.D. blank line, at blank line .

Fingerprint Examiner

  • R.S., 1985, c. C-46, Form 45
  • R.S., 1985, c. 27 (1st Supp.), s. 184
  • 2005, c. 10, s. 34

FORM 46 (Section 732.1) Probation Order

Canada,

Province of blank line,

(territorial division).

Whereas on the blank line day of blank line at blank line, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be);

And whereas on the blank line day of blank line the court adjudgedFootnote *

  • Return to footnote * Use whichever of the following forms of disposition is applicable:

  • (a) that the offender be discharged on the following conditions:

  • (b) that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions:

  • (c) that the offender forfeit and pay the sum of blank line dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at blank line for the term of blank line unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions:

  • (d) that the offender be imprisoned in the (prison) at blank line for the term of blank line and, in addition thereto, that the said offender comply with the following conditions:

  • (e) that following the expiration of the offender's conditional sentence order related to this or another offence, that the said offender comply with the following conditions:

  • (f) that following the expiration of the offender's sentence of imprisonment related to another offence, that the said offender comply with the following conditions:

  • (g) when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement:

Now therefore the said offender shall, for the period of blank line from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender's sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition,

(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code ).

Dated this blank line day of blank line A.D. blank line, at blank line .

Clerk of the Court, Justice or Provincial Court Judge

  • R.S., 1985, c. C-46, Form 46
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1995, c. 22, s. 10
  • 2004, c. 12, s. 17

FORM 47 (Section 462.48) Order To Disclose Income Tax Information

Canada,

Province of blank line,

(territorial division).

To A.B., of blank line, (office or occupation):

Whereas, it appears on the oath of C.D., of blank line, that there are reasonable grounds for believing that E.F., of blank line, has committed or benefited from the commission of the offence of blank line and that the information or documents (describe information or documents) are likely to be of substantial value to an investigation of that offence or a related matter; and

Whereas there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained;

This is, therefore, to authorize and require you between the hours of (as the judge may direct), during the period commencing on blank line and ending on blank line, to produce all the above-mentioned information and documents to one of the following police officers, namely, (here name police officers) and allow the police officer to remove the information or documents, or to allow the police officer access to the above-mentioned information and documents and to examine them, as the judge directs, subject to the following conditions (state conditions): blank line

Dated this blank line day of blank line A.D. blank line, at blank line .

Signature of judge

  • R.S., 1985, c. 42 (4th Supp.), s. 8

FORM 48 (Section 672.13) Assessment Order of the Court

Canada,

Province of

(territorial division)

Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with blank line, may be necessary to determine Footnote *

  • [ ] whether the accused is unfit to stand trial

  • [ ] whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the Criminal Code at the time of the act or omission charged against the accused

  • [ ] whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child

  • [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused under section 672.54, 672.58 or 672.64 of the Criminal Code or whether the court should, under subsection 672.84(3) of that Act, revoke a finding that the accused is a high-risk accused

  • [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the Criminal Code

An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of blank line days.

This order is to be in force for a total of blank line days, including travelling time, during which time the accused is to remain Footnote *

  • [ ] in custody at (place where accused is to be detained)

  • [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

  • Return to footnote *Check applicable option.

Dated (date)blank line, at blank line(place).

(Signature of judge, provincial court judge, justice or clerk of the court)

  • 1991, c. 43, s. 8
  • 1995, c. 22, s. 10
  • 2005, c. 22, s. 40
  • 2014, c. 6, s. 19
  • 2019, c. 25, s. 352

FORM 48.1 (Section 672.13) Assessment Order of the Review Board

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with blank line, may be necessary to Footnote *

  • [ ] if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, make a disposition under section 672.54 of the Criminal Code or determine whether the Review Board should, under subsection 672.84(1) of that Act, refer to the superior court of criminal jurisdiction for review a finding that the accused is a high-risk accused

  • [ ] if a verdict of unfit to stand trial has been rendered in respect of the accused, determine whether the Review Board should make a recommendation to the court that has jurisdiction in respect of the offence charged against the accused to hold an inquiry to determine whether a stay of proceedings should be ordered in accordance with section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of blank line days.

This order is to be in force for a total of blank line days, including travelling time, during which time the accused is to remain Footnote *

  • [ ] in custody at (place where accused is to be detained)

  • [ ] out of custody, on the following conditions:

(set out conditions, if applicable)

  • Return to footnote *Check applicable option.

Dated this blank line day of blank line A.D. blank line, at blank line .

(Signature of Chairperson of the Review Board)

  • 2005, c. 22, s. 40
  • 2014, c. 6, s. 20

FORM 48.2 (Subsection 672.5(14)) Victim Impact Statement  —  Not Criminally Responsible

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.

Your statement must not include

  • • any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you;

  • • any unproven allegations;

  • • any comments about any conduct for which the accused was not found not criminally responsible;

  • • any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or

  • • except with the court's or Review Board's approval, an opinion or recommendation about the disposition.

The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Describe how the accused's conduct has affected you emotionally. For example, think of

  • • your lifestyle and activities;

  • • your relationships with others such as your spouse, family and friends;

  • • your ability to work, attend school or study; and

  • • your feelings, emotions and reactions as these relate to the conduct.

blank line

blank line

blank line

blank line

Physical impact

Describe how the accused's conduct has affected you physically. For example, think of

  • • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation;

  • • hospitalization or surgery you have had because of the conduct of the accused;

  • • treatment, physiotherapy or medication you have been prescribed;

  • • the need for any further treatment or the expectation that you will receive further treatment; and

  • • any permanent or long-term disability.

blank line

blank line

blank line

blank line

Economic impact

Describe how the accused's conduct has affected you financially. For example, think of

  • • the value of any property that was lost or damaged and the cost of repairs or replacement;

  • • any financial loss due to missed time from work;

  • • the cost of any medical expenses, therapy or counselling; and

  • • any costs or losses that are not covered by insurance.

Please note that this is not an application for compensation or restitution.

blank line

blank line

blank line

blank line

Fears for security

Describe any fears you have for your security or that of your family and friends. For example, think of

  • • concerns with respect to contact with the accused; and

  • • concerns with respect to contact between the accused and members of your family or close friends.

    blank line

    blank line

    blank line

    blank line

Drawing, poem or letter

You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused's conduct has had on you.

blank line

blank line

blank line

blank line

  •  I would like to read or present my statement (in court or before the Review Board).

To the best of my knowledge, the information contained in this statement is true.

Dated this blank line day of blank line 20blank line, at blank line .

Signature of declarant

  • 2015, c. 13, s. 36

FORM 49 (Section 672.57) Warrant of Committal

Disposition of Detention

Canada,

Province of

(territorial division)

To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained).

This warrant is issued for the committal of A.B., of blank line, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged);

And whereas the accused was foundFootnote *

  • ☐ unfit to stand trial

  • ☐ not criminally responsible on account of mental disorder

This is, therefore, to command you, in Her Majesty's name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at blank line, and there deliver the accused to the keeper (administrator, warden) with the following precept:

You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.

The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place):

The following are the powers regarding the restrictions (and the limits and conditions on those restrictions) on the liberty of the accused that are hereby delegated to you the said keeper (administrator, warden) of the said (prison, hospital or other appropriate place):

  • Return to footnote *Check applicable option.

Dated (date)blank line, at blank line(place).

(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)

  • 1991, c. 43, s. 8
  • 2019, c. 25, s. 353

FORM 50 (Subsection 672.7(2)) Warrant of Committal

Placement Decision

Canada,

Province of

(territorial division)

To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained).

This warrant is issued for the committal of A.B., of blank line, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged);

And whereas the accused was foundFootnote *

  • ☐ unfit to stand trial

  • ☐ not criminally responsible on account of mental disorder

And whereas the Review Board has held a hearing and decided that the accused shall be detained in custody;

And whereas the accused is required to be detained in custody pursuant to a warrant of committal issued by (set out the name of the Judge, Clerk of the Court, Provincial Court Judge or Justice as well as the name of the court and territorial division), dated the blank line day of blank line, in respect of the offence that (set out briefly the offence in respect of which the accused was charged or convicted);

This is, therefore, to command you, in Her Majesty's name, toFootnote *

  • ☐ execute the warrant of committal issued by the court, according to its terms

  • ☐ execute the warrant of committal issued herewith by the Review Board

  • Return to footnote *Check applicable option.

Dated this blank line day of blank line A.D. blank line, at blank line .

(Signature of chairperson of the Review Board)

  • 1991, c. 43, s. 8

FORM 51 (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g)) Notice of Obligation To Provide Samples of Bodily Substance

To A.B., of blank line, (occupation), (address in Canada), (date of birth), (gender):

Because, on (date), you were ordered, under (applicable provision) of the Criminal Code, to provide samples of a bodily substance prescribed by regulation at regular intervals for the purpose of analysis;

You are provided with this notice to inform you of your obligations with respect to providing samples.

  • 1 On (specify a day not earlier than 24 hours after the day on which the notice is served), you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).

  • 2 Every (specify a number not less than seven) days after you first report to provide a sample, you must report, at any time from (time) to (time), at (address of place at which sample to be taken, as designated by the Attorney General of the province or Minister of Justice of the territory), to provide a sample of your (specify type of bodily substance prescribed by regulation).

  • 3 You have the right to apply to a court to terminate the obligation to provide samples, and the right to appeal any decision of that court.

  • 4 If you are found to have not complied with your obligation to provide samples as set out in this notice, you may be subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, you may be subject to proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment).

  • 5 The results of the analysis of the bodily substances may be used or disclosed in accordance with the Criminal Code, including in proceedings against you, the result of which may be that you are subject to a fine or imprisonment, or to both (or, in the case of a conditional sentence, including in proceedings under section 742.6 of the Criminal Code, the consequences of which may include imprisonment).

Served on (date), at (place the notice is served).

(Signature of probation officer, supervisor or person designated by the Attorney General or Minister of Justice, as the case may be)

  • 1991, c. 43, s. 8
  • 1995, c. 22, s. 10 (Sch. I, item 37)
  • 2005, c. 22, s. 41
  • 2011, c. 7, s. 13
  • 2015, c. 20, s. 34

FORM 52 (Section 490.012) Order To Comply with Sex Offender Information Registration Act

Canada,

Province of blank line

(territorial division)

To A.B., of blank line, (occupation), (address or address of court if no fixed address), (date of birth), (gender):

You have been convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code.

  • 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act.

  • 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of blank line years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(2.1) to (5) of the Criminal Code applies, for life).

  • 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

  • 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.

  • 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.

  • 6 You have the right to apply to a court to terminate this order, and the right to appeal the decision of that court.

  • 7 If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.

  • 8 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Dated this blank line day of blank line, at blank line .

(Signature of judge or clerk and name of court)

(Signature of person subject to order)

  • 2004, c. 10, s. 21
  • 2007, c. 5, s. 30
  • 2010, c. 17, s. 26
  • 2013, c. 24, s. 117(F)

FORM 53 (Sections 490.019 and 490.032) Notice of Obligation To Comply with Sex Offender Information Registration Act

Canada,

Province of blank line,

(territorial division).

To A.B., of blank line, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code:

Because, on blank line (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, blank line (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act, under blank line (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

  • 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.

  • 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of blank line years after you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) or (d) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.

  • 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

  • 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.

  • 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.

  • 6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal any decision of that court.

  • 7 You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court.

  • 8 If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both.

  • 9 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Dated this blank line day of blank line, at blank line .

  • 2004, c. 10, s. 21
  • 2007, c. 5, s. 31
  • 2013, c. 24, s. 117(F)
  • 2014, c. 25, s. 33

FORM 54 (Sections 490.02901 to 490.02903, 490.02905 and 490.032) Obligation To Comply with Sex Offender Information Registration Act

To A.B., of blank line, (occupation), (address in Canada), (date of birth), (gender):

Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.011(1) of the Criminal Code;

You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act.

  • 1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.

  • 2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of blank line years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.02904(3)(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code) or for any shorter period determined under subsection 490.02904(2) of the Criminal Code.

  • 3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

  • 4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.

  • 5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information.

  • 6 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal the decision of that court.

  • 7 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court.

  • 8 If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both.

  • 9 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Served on (date).

blank line

For administrative use only:

Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date).

  • 2010, c. 17, s. 27

Pulling Someone Back From Budding in Line Asalt

Source: https://laws-lois.justice.gc.ca/eng/acts/c-46/fulltext.html

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