C-75 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts

An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts 2019 6 21 25 2019 90870

SUMMARY

This enactment amends the Criminal Code to, among other things,

(

a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;

(

b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;

(

c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;

(

d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;

(

e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for a term of 14 years or more and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;

(

f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for

summary conviction offences and extend the limitation period for

summary conviction offences to 12 months;

(

g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;

(

h) re-enact the victim surcharge regime and provide the court with the discretion to waive a victim surcharge if the court is satisfied that the victim surcharge would cause the offender undue hardship or would be disproportionate to the gravity of the offence or the degree of responsibility of the offender; and

(

i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal

section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.

The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,

(

a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;

(

b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;

(

c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;

(

d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and

(

e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.

Finally, the enactment amends among other Acts

An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

Criminal Code

Amendments to the Act

2001, c. 41, s. 2(1); 2002, c. 7, s. 137(1); 2005, c. 40, s. 1(2) and s. 7; 2013, c. 13, s. 2(1); 2014, c. 23, s. 2; 2015, c. 3, s. 44(4)(

E) and c. 20, s. 15(1)

(1) The definition Attorney General in

section 2 of the Criminal Code is replaced by the following:

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 )

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

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

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 )

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

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

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

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

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 )

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 )

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

The Act is amended by adding the following after

section 2.2:

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, 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, 83.28, 83.29 or 83.3.

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.

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).

2002, c. 13, s. 2

Section 3.1 of the Act is renumbered as subsection 3.1(1) and is amended by adding the following:

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.

1999, c. 35, s. 11

(1) Subsection 7(2.32) of the Act is repealed.

2001, c. 27, s. 244; 2012, c. 1, s. 10; 2014, c. 25, s. 3

(2) Subsection 7(4.1) of the Act is replaced by the following:

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 .

Section 20 of the Act is replaced by the following:

Certain acts on holidays valid

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.

(1) The portion of subsection 52(1) of the Act before paragraph (

a) is replaced by the following:

Sabotage

(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

(2) The portion of subsection 52(1) of the English version of the Act after paragraph (

b) is repealed.

Subsection 57(3) of the Act is replaced by the following:

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.

(1) The portion of subsection 58(1) of the Act before paragraph (

a) is replaced by the following:

Fraudulent use of certificate of citizenship

(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,

(2) The portion of subsection 58(1) of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 62(1) of the Act before paragraph (

a) is replaced by the following:

Offences in relation to military forces

(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

(2) The portion of subsection 62(1) of the English version of the Act after paragraph (

c) is repealed.

2013, c. 15, s. 2

Section 65 of the Act is replaced by the following:

Punishment of rioter

(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.

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.

Section 69 of the Act is replaced by the following:

Neglect by peace officer

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.

Subsection 70(3) of the Act is replaced by the following:

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., c. 27 (1st Supp.), s. 11; 1992, c. 1, s. 58(1) (Sch. I, s. 2)

Paragraphs 73(

a) and (

b) of the Act are replaced by the following:

(

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.

1997, c. 23, s. 2

Subsection 82(1) of the Act is replaced by the following:

Possession of explosive

(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.

2001, c. 41, s. 4

(1) The portion of

section 83.02 of the English version of the Act before paragraph (

a) is replaced by the following:

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

2001, c. 41, s. 4

(2) The portion of

section 83.02 of the English version of the Act after paragraph (

b) is repealed.

2001, c. 41, s. 4

(1) The portion of

section 83.03 of the English version of the Act before paragraph (

a) is replaced by the following:

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

2001, c. 41, s. 4

(2) The portion of

section 83.03 of the English version of the Act after paragraph (

b) is repealed.

2001, c. 41, s. 4

(1) The portion of

section 83.04 of the English version of the Act before paragraph (

a) is replaced by the following:

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

2001, c. 41, s. 4

(2) The portion of

section 83.04 of the English version of the Act after paragraph (

b) is repealed.

2001, c. 41, s. 4

(1) The portion of subsection 83.12(1) of the English version of the Act before paragraph (

a) is replaced by the following:

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

2001, c. 41, s. 4

(2) Paragraphs 83.12(1)(

a) and (

b) of the Act are replaced by the following:

(

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.

2001, c. 41, s. 4

Subsection 83.13(11) of the Act is replaced by the following:

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.

2001, c. 41, s. 4

Subsection 83.18(1) of the Act is replaced by the following:

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.

2013, c. 9, s. 6

Section 83.181 of the Act is replaced by the following:

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. 9

(1) Subsection 83.23(1) of the Act is replaced by the following:

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.

(2) Subsection 83.23(2) of the English version of the Act is replaced by the following:

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.

2004, c. 15, s. 32

Paragraph 83.231(3)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2013, c. 9, s. 10

The portion of subsection 83.3(6) of the Act before paragraph (

a) is replaced by the following:

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:

1995, c. 39, s. 139

Paragraph 95(2)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

1995, c. 39, s. 139

Paragraph 96(2)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

1995, c. 39, s. 139

Paragraph 102(2)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

1995, c. 39, s. 139

Subsection 103(3) of the Act is repealed.

1995, c. 39, s. 139

Subsection 104(3) of the Act is repealed.

2015, c. 27, s. 30

Subparagraph 109(1)(a.1)(

i) of the Act is replaced by the following:

(

i) the person’s intimate partner,

2015, c. 27, s. 31(2)

Paragraph 110(2.1)(

a) of the Act is replaced by the following:

(

a) the person’s intimate partner;

2015, c. 27, s. 32

Section 110.1 of the Act is repealed.

Subsection 121(3) of the Act is replaced by the following:

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.

2014, c. 23, s. 3

(1) The portion of subsection 121.1(4) of the French version of the Act before subparagraph (a)(

i) is replaced by the following:

Peine

(4) Quiconque contrevient au paragraphe (1) est coupable :

soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans et, si la quantité de produits du tabac est égale ou supérieure à 10 000 cigarettes ou à 10 kg de tout autre produit du tabac, ou si celle de tabac en feuilles est égale ou supérieure à 10 kg :

2014, c. 23, s. 3

(2) Paragraph 121.1(4)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

Section 122 of the Act is replaced by the following:

Breach of trust by public officer

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.

2007, c. 13, s. 6

(1) The portion of subsection 123(1) of the Act before paragraph (

a) is replaced by the following:

Municipal corruption

(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

2007, c. 13, s. 6

(2) The portion of subsection 123(2) of the Act before paragraph (

a) is replaced by the following:

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

(1) The portion of

section 124 of the Act before paragraph (

a) is replaced by the following:

Selling or purchasing office

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

(2) The portion of

section 124 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of

section 125 of the Act before paragraph (

a) is replaced by the following:

Influencing or negotiating appointments or dealing in offices

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

(2) The portion of

section 125 of the English version of the Act after paragraph (

c) is repealed.

Subsection 126(1) of the Act is replaced by the following:

Disobeying a statute

(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.

(1) The portion of

section 128 of the Act before paragraph (

a) is replaced by the following:

Misconduct of officers executing process

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

(2) The portion of

section 128 of the English version of the Act after paragraph (

b) is repealed.

1999, c. 18, s. 93

Subsection 136(1.1) of the Act is replaced by the following:

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).

(1) The portion of

section 138 of the Act before paragraph (

a) is replaced by the following:

Offences relating to affidavits

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

(2) The portion of

section 138 of the English version of the Act after paragraph (

c) is repealed.

Subsection 139(2) of the Act is replaced by the following:

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.

R.S., c. 27 (1st Supp.), s. 19

Subsection 141(1) of the Act is replaced by the following:

Compounding indictable offence

(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.

Section 142 of the Act is replaced by the following:

Corruptly taking reward for recovery of goods

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.

(1) The portion of

section 144 of the Act before paragraph (

a) is replaced by the following:

Prison breach

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

(2) The portion of

section 144 of the English version of the Act after paragraph (

b) is repealed.

R.S., c. 27 (1st Supp.), s. 20(1); 1997, c. 18, ss. 3(1) and (2); 2008, c. 18, s. 3

(1) Subsections 145(1) to (6) of the Act are replaced by the following:

Escape and being at large without excuse

(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.

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.

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.

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.

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.

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.

1992, c. 47, s. 68; 1994, c. 44, s. 8(3); 1996, c. 7, s. 38; 1997, c. 18, s. 3(3)

(2) Subsections 145(8) and (9) of the Act are replaced by the following:

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.

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.

(1) The portion of

section 146 of the Act before paragraph (

a) is replaced by the following:

Permitting or assisting escape

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

(2) The portion of

section 146 of the English version of the Act after paragraph (

c) is repealed.

(1) The portion of

section 147 of the Act before paragraph (

a) is replaced by the following:

Rescue or permitting escape

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

(2) The portion of

section 147 of the English version of the Act after paragraph (

c) is repealed.

(1) The portion of

section 148 of the Act before paragraph (

a) is replaced by the following:

Assisting prisoner of war to escape

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

(2) The portion of

section 148 of the English version of the Act after paragraph (

b) is repealed.

R.S., c. 19 (3rd Supp.), s. 1; 2014, c. 25, s. 4

Subsection 150.1(5) of the Act is replaced by the following:

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.

1998, c. 9, s. 2

(1) Subsection 153.1(1) of the French version of the Act is replaced by the following:

Personnes en situation d’autorité

153.1

(1) Toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une

partie du corps ou avec un objet est coupable :

soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

soit d’une infraction punissable sur déclaration de culpabilité par procédure

sommaire.

1998, c. 9, s. 2

(2) Paragraph 153.1(1)(

b) of the English version of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

The Act is amended by adding the following after

section 155:

Historical offences

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., c. 19 (3rd Supp.), s. 3

Section 159 of the Act is repealed.

2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, par. 5(1)(

a) and (b)

(1) Paragraph 161(1.1)(

a) of the Act is replaced by the following:

(

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);

2015, c. 23, s. 6

(2) Paragraph 161(4)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2015, c. 23, s. 33

Paragraph 162.2(4)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

Subsection 172(1) of the Act is replaced by the following:

Corrupting children

(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.

2012, c. 1, s. 23

Paragraph 173(1)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

(1) The portion of subsection 176(1) of the Act before paragraph (

a) is replaced by the following:

Obstructing or violence to or arrest of officiating clergyman

(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

(2) The portion of subsection 176(1) of the English version of the Act after paragraph (

b) is repealed.

R.S., c. 19 (3rd Supp.), s. 8

Section 179 of the Act is repealed.

(1) The portion of subsection 180(1) of the Act before paragraph (

a) is replaced by the following:

Common nuisance

(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

(2) The portion of subsection 180(1) of the English version of the Act after paragraph (

b) is repealed.

Section 181 of the Act is repealed.

(1) The portion of

section 182 of the Act before paragraph (

a) is replaced by the following:

Dead body

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

(2) The portion of

section 182 of the English version of the Act after paragraph (

b) is repealed.

63.1

Subparagraph (a)(xxxiv) of the definition offence in

section 183 of the Act is repealed.

Subsection 184(1) of the Act is replaced by the following:

Interception

(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.

1993, c. 40, s. 4

Subsection 184.5(1) of the Act is replaced by the following:

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.

1993, c. 40, s. 9

Section 188.1 of the Act is replaced by the following:

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.

Subsection 191(1) of the Act is replaced by the following:

Possession, etc.

(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.

Subsection 193(1) of the Act is replaced by the following:

Disclosure of information

(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.

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.

1993, c. 40, s. 12

The portion of subsection 193.1(1) of the Act before paragraph (

a) is replaced by the following:

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

69.1

(1) The definition common bawdy-house in subsection 197(1) of the Act is repealed.

(2) The definition disorderly house in subsection 197(1) of the Act is replaced by the following:

disorderly house means a common betting house or a common gaming house; ( maison de désordre )

69.2

(1) Subsection 199(1) of the Act is replaced by the following:

Warrant to search

(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.

(2) Subsection 199(6) of the Act is replaced by the following:

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.

Subsection 201(1) of the Act is replaced by the following:

Keeping gaming or betting house

(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.

The portion of subsection 206(1) of the Act before paragraph (

a) is replaced by the following:

Offence in relation to lotteries and games of chance

(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

Section 209 of the Act is replaced by the following:

Cheating at play

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.

The heading before

section 210 and sections 210 and 211 of the Act are repealed.

2005, c. 32, s. 11

Paragraph 215(3)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

2005, c. 32, s. 12

Paragraph 218(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

Section 221 of the Act is replaced by the following:

Causing bodily harm by criminal negligence

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.

Paragraph 229(

c) of the Act is replaced by the following:

(

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., c. 27 (1 st Supp.), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1

Section 230 of the Act is repealed.

Section 237 of the Act is replaced by the following:

Punishment for infanticide

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.

2016, c. 3, s. 3

Section 241.3 of the Act is replaced by the following:

Failure to comply with safeguards

241.3

A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)(

b) to (

i) and 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

Subsection 241.4(3) of the Act is replaced by the following:

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.

Sections 242 and 243 of the Act are replaced by the following:

Neglect to obtain assistance in childbirth

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.

Concealing body of child

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.

2016, c. 3, s. 6

Subsection 245(1) of the Act is replaced by the following:

Administering noxious thing

(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.

2004, c. 12, s. 6

(1) The portion of subsection 247(1) of the Act before paragraph (

a) is replaced by the following:

Traps likely to cause bodily harm

(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,

2004, c. 12, s. 6

(2) Subsections 247(2) and (3) of the Act are replaced by the following:

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.

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.

R.S., c. 27 (1st Supp.), s. 36

Subsection 249(3) of the Act is replaced by the following:

Dangerous operation causing bodily harm

(3) 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.

R.S., c. 27 (1st Supp.), s. 36

(1) The portion of subsection 251(1) of the Act before paragraph (

a) is replaced by the following:

Unseaworthy vessel and unsafe aircraft

(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 endangers the life of any person by knowingly committing one of the following acts:

R.S., c. 27 (1st Supp.), s. 36

(2) The portion of subsection 251(1) of the English version of the Act after paragraph (

c) is repealed.

1999, c. 32, s. 1

Subsection 252(1.2) of the Act is replaced by the following:

Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident 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., c. 27 (1st Supp.), s. 36; 2008, c. 6, ss. 21(1) to

(3) Subsections 255(1) to (2.2) of the Act are replaced by the following:

Punishment

(1) Every person who commits an offence under

section 253 or 254 is guilty of

(

a) an indictable offence and liable to imprisonment for a term of not more than five 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.

Impaired driving causing bodily harm

(2) Every person who, while committing an offence under paragraph 253(1)(a), 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 and to the minimum punishments set out in subparagraphs (1)(a)(

i) to (iii); or

(

b) an offence punishable on

summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)(b).

Blood alcohol level over legal limit — bodily harm

(2.1) Every person who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in 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 and to the minimum punishments set out in subparagraphs (1)(a)(

i) to (iii); or

(

b) an offence punishable on

summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)(b).

Failure or refusal to provide sample — bodily harm

(2.2) Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in 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 and to the minimum punishments set out in subparagraphs (1)(a)(

i) to (iii); or

(

b) an offence punishable on

summary conviction and liable to the same maximum and minimum punishments set out in paragraph (1)(b).

R.S., c. 27 (1st Supp.), s. 36; 2008, c. 6, s. 24(3)(F)

(1) The portion of paragraph 258(1)(

c) of the Act before subparagraph (ii) is replaced by the following:

(

c) if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that

2008, c. 6, s. 24(4)(E)

(2) The portion of paragraph 258(1)(

c) of the English version of the Act after subparagraph (iv) is repealed.

2008, c. 6, s. 24(5)

(3) The portion of paragraph 258(1)(

d) of the Act before subparagraph (

i) is replaced by the following:

(

d) if a sample of the accused’s blood has been taken under subsection 254(3) or

section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that

2008, c. 6, s. 24(5)(E)

(4) The portion of paragraph 258(1)(

d) of the English version of the Act after subparagraph (

v) is repealed.

(1) The portion of

section 262 of the Act before paragraph (

a) is replaced by the following:

Impeding attempt to save life

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

(2) The portion of

section 262 of the English version of the Act after paragraph (

b) is repealed.

1997, c. 16, s. 4

Paragraph 264(4)(

b) of the Act is replaced by the following:

(

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).

1994, c. 44, s. 16(2)

Paragraph 264.1(2)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

1994, c. 44, s. 17

(1) The portion of

section 267 of the Act before paragraph (

a) is replaced by the following:

Assault with a weapon or causing bodily harm

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,

(2) Section 267 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (

b) and by replacing the portion after paragraph (

b) with the following:

(

c) chokes, suffocates or strangles the complainant.

1994, c. 44, s. 18

Paragraph 269(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2009, c. 22, s. 9

Paragraph 270.01(2)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2002, c. 13, s. 11

Paragraph 270.1(3)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

Subsection 272(1) of the Act is amended by striking out “or” at the end of paragraph (

c) and by adding the following after paragraph (c):

(c.1)

chokes, suffocates or strangles the complainant; or

1993, c. 45, s. 3

Paragraph 273.3(1)(

c) of the Act is replaced by the following:

(

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

2002, c. 13, s. 12; 2014, c. 25, par. 16(

a) and (

b) Sections 274 and 275 of the Act are replaced by the following:

Corroboration not required

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.

Rules respecting recent complaint abrogated

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.

2002, c. 13, s. 13

The portion of subsection 276(1) of the Act before paragraph (

a) is replaced by the following:

Evidence of complainant’s sexual activity

(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

2002, c. 13, s. 14

Section 277 of the Act is replaced by the following:

Reputation evidence

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.

1998, c. 9, s. 3; 2014, c. 25, par. 17(2)(

a) and (b)

Paragraph 278.2(1)(

a) of the Act is replaced by the following:

(

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

1997, c. 18, s. 14

Paragraph 279(2)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2014, c. 25, s. 19

Subsection 279.02(1) of the Act is replaced by the following:

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.

2014, c. 25, s. 19

Subsection 279.03(1) of the Act is replaced by the following:

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.

Subsection 280(1) of the Act is replaced by the following:

Abduction of person under age of 16

(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.

Section 281 of the Act is replaced by the following:

Abduction of person under age of 14

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.

2014, c. 25, s. 20

The portion of paragraph 286.1(1)(

b) of the Act before subparagraph (

i) is replaced by the following:

(

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,

2014, c. 25, s. 20

Subsection 286.2(1) of the Act is replaced by the following:

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.

2014, c. 25, s. 20

Paragraph 286.4(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2002, c. 7, s. 141; 2015, c. 3, s. 48

Section 287 of the Act is repealed.

Subsection 291(1) of the Act is replaced by the following:

Punishment

(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.

Subsection 292(1) of the Act is replaced by the following:

Procuring feigned marriage

(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.

Subsection 293(1) of the Act is replaced by the following:

Polygamy

(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).

2015, c. 29, s. 9

Sections 293.1 and 293.2 of the Act are replaced by the following:

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.

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.

(1) The portion of

section 294 of the Act before paragraph (

a) is replaced by the following:

Pretending to solemnize marriage

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

(2) The portion of

section 294 of the English version of the Act after paragraph (

b) is repealed.

2015, c. 29, s. 10

Section 295 of the Act is replaced by the following:

Marriage contrary to law

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.

Sections 300 and 301 of the Act are replaced by the following:

Punishment of libel known to be false

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.

Punishment for defamatory libel

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.

Subsection 302(3) of the Act is replaced by the following:

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.

Subsection 318(1) of the Act is replaced by the following:

Advocating genocide

(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.

2010, c. 14, s. 3

Paragraph 333.1(1)(

b) of the Act is replaced by the following:

(

b) on

summary conviction, to imprisonment for a term of not more than two years less a day.

1994, c. 44, s. 20(1)

(1) Paragraph 334(

a) of the Act is replaced by the following:

(

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

(2) The portion of paragraph 334(

b) of the Act before subparagraph (

i) is replaced by the following:

(

b) if the value of what is stolen is not more than $5,000, is guilty

1994, c. 44, s. 20(2)

(3) The portion of paragraph 334(

b) of the Act after subparagraph (ii) is repealed.

(1) The portion of subsection 338(1) of the Act before paragraph (

a) is replaced by the following:

Fraudulently taking cattle or defacing brand

(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,

(2) The portion of subsection 338(1) of the English version of the Act after paragraph (

b) is repealed.

(3) Subsection 338(2) of the Act is replaced by the following:

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.

Subsection 339(1) of the Act is replaced by the following:

Taking possession, etc., of drift timber

(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.

(1) The portion of

section 340 of the Act before paragraph (

a) is replaced by the following:

Destroying documents of title

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

(2) The portion of

section 340 of the English version of the Act after paragraph (

c) is repealed.

Section 341 of the Act is replaced by the following:

Fraudulent concealment

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.

2007, c. 9, s. 1

Paragraph 347(1)(

b) of the Act is replaced by the following:

(

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.

Subsection 351(2) of the Act is replaced by the following:

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.

Section 352 of the Act is replaced by the following:

Possession of instruments for breaking into coin-operated or currency exchange devices

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.

(1) The portion of subsection 353(1) of the Act before paragraph (

a) is replaced by the following:

Selling, etc., automobile master key

(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

(2) The portion of subsection 353(1) of the English version of the Act after paragraph (

b) is repealed.

1994, c. 44, s. 21(1)

(1) Paragraph 355(

a) of the Act is replaced by the following:

(

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

(2) The portion of paragraph 355(

b) of the Act before subparagraph (

i) is replaced by the following:

(

b) if the value of the subject matter of the offence is not more than $5,000, is guilty

1994, c. 44, s. 21(2)

(3) The portion of paragraph 355(

b) of the Act after subparagraph (ii) is repealed.

R.S., c. 27 (1st Supp.), s. 50

Section 357 of the Act is replaced by the following:

Bringing into Canada property obtained by crime

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.

1994, c. 44, s. 22(1)

(1) Paragraph 362(2)(

a) of the Act is replaced by the following:

(

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

(2) The portion of paragraph 362(2)(

b) of the Act before subparagraph (

i) is replaced by the following:

(

b) if the value of what is obtained is not more than $5,000, is guilty

1994, c. 44, s. 22(2)

(3) The portion of paragraph 362(2)(

b) of the Act after subparagraph (ii) is repealed.

(4) Subsection 362(3) of the Act is replaced by the following:

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.

(1) The portion of

section 363 of the Act before paragraph (

a) is replaced by the following:

Obtaining execution of valuable security by fraud

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

(2) The portion of

section 363 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 377(1) of the Act before paragraph (

a) is replaced by the following:

Damaging documents

(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

(2) The portion of subsection 377(1) of the English version of the Act after paragraph (

d) is repealed.

(1) The portion of

section 378 of the Act before paragraph (

a) is replaced by the following:

Offences in relation to registers

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

(2) The portion of

section 378 of the English version of the Act after paragraph (

c) is repealed.

Section 381 of the Act is replaced by the following:

Using mails to defraud

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.

2004, c. 3, s. 4(F)

(1) The portion of

section 382 of the Act before paragraph (

a) is replaced by the following:

Fraudulent manipulation of stock exchange transactions

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,

2004, c. 3, s. 4(E)

(2) The portion of

section 382 of the English version of the Act after paragraph (

c) is repealed.

2004, c. 3, s. 5

The portion of subsection 382.1(1) of the Act before paragraph (

a) is replaced by the following:

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

(1) The portion of subsection 383(1) of the Act before paragraph (

a) is replaced by the following:

Gaming in stocks or merchandise

(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,

(2) The portion of subsection 383(1) of the English version of the Act after paragraph (

b) is replaced by the following:

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.

Section 384 of the Act is replaced by the following:

Broker reducing stock by selling for their own account

(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.

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.

(1) The portion of subsection 385(1) of the Act before paragraph (

a) is replaced by the following:

Fraudulent concealment of title documents

(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

(2) Paragraph 385(1)(

a) of the English version of the Act is replaced by the following:

(

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

(3) The portion of subsection 385(1) of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of

section 386 of the Act before paragraph (

a) is replaced by the following:

Fraudulent registration of title

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,

(2) The portion of

section 386 of the English version of the Act after paragraph (

c) is repealed.

Section 387 of the Act is replaced by the following:

Fraudulent sale of real property

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.

(1) The portion of

section 388 of the Act before paragraph (

a) is replaced by the following:

Misleading receipt

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,

(2) The portion of

section 388 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 389(1) of the Act before paragraph (

a) is replaced by the following:

Fraudulent disposal of goods on which money advanced

(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

(2) The portion of subsection 389(1) of the English version of the Act after paragraph (

b) is repealed.

Section 390 of the Act is replaced by the following:

Fraudulent receipts under Bank Act

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.

(1) The portion of

section 392 of the Act before paragraph (

a) is replaced by the following:

Disposal of property to defraud creditors

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,

(2) The portion of

section 392 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 393(1) of the Act before paragraph (

a) is replaced by the following:

Fraud in relation to fares, etc.

(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:

(2) The portion of subsection 393(1) of the English version of the Act after paragraph (

c) is repealed.

(3) The portion of subsection 393(2) of the Act before paragraph (

a) is replaced by the following:

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

(4) The portion of subsection 393(2) of the English version of the Act after paragraph (

b) is repealed.

1999, c. 5, s. 10

Subsection 394(5) of the Act is replaced by the following:

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.

1999, c. 5, s. 10

Subsection 394.1(3) of the Act is replaced by the following:

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.

Section 395 of the Act is amended by adding the following after subsection (1):

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.

(1) The portion of subsection 396(1) of the Act before paragraph (

a) is replaced by the following:

Offences in relation to mines

(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

(2) The portion of subsection 396(1) of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 397(1) of the Act before paragraph (

a) is replaced by the following:

Books and documents

(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,

(2) The portion of subsection 397(1) of the English version of the Act after the portion before paragraph (

a) is replaced by the following:

(

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.

(3) Subsection 397(2) of the Act is replaced by the following:

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.

(1) The portion of

section 399 of the Act before paragraph (

a) is replaced by the following:

False return by public officer

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

(2) The portion of

section 399 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 400(1) of the Act before paragraph (

a) is replaced by the following:

False prospectus, etc.

(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

(2) The portion of subsection 400(1) of the English version of the Act after paragraph (

c) is repealed.

(1) Section 405 of the Act is replaced by the following:

Acknowledging instrument in false name

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 of bail, 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.

(2) The portion of

section 405 of the Act before paragraph (

a) is replaced by the following:

Acknowledging instrument in false name

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

(1) The portion of subsection 417(1) of the Act before paragraph (

a) is replaced by the following:

Applying or removing marks without authority

(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,

(2) The portion of subsection 417(1) of the English version of the Act after paragraph (

b) is repealed.

2001, c. 32, s. 10

Paragraph 423(1)(

a) of the Act is replaced by the following:

(

a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;

2001, c. 41, s. 11

Sections 424 and 424.1 of the Act are replaced by the following:

Threat against internationally protected person

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.

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.

R.S., c. 27 (1st Supp.), s. 56

Subsection 426(3) of the Act is replaced by the following:

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.

2001, c. 41, s. 12

(1) Paragraph 430(4.1)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

2014, c. 9, s. 1

(2) Paragraph 430(4.11)(

c) of the Act is replaced by the following:

(

c) if the offence is punishable on

summary conviction, to imprisonment for a term of not more than two years less a day.

1990, c. 15, s. 1

Subsection 435(1) of the Act is replaced by the following:

Arson for fraudulent purpose

(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.

1990, c. 15, s. 1

Subsection 436(1) of the Act is replaced by the following:

Arson by negligence

(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.

1990, c. 15, s. 1

Section 436.1 of the Act is replaced by the following:

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.

(1) The portion of subsection 438(1) of the Act before paragraph (

a) is replaced by the following:

Interfering with saving of wrecked vessel

(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,

(2) The portion of subsection 438(1) of the English version of the Act after paragraph (

b) is repealed.

Subsection 439(2) of the Act is replaced by the following:

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.

Sections 440 and 441 of the Act are replaced by the following:

Removing natural bar without permission

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.

Occupant injuring building

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.

(1) The portion of subsection 443(1) of the Act before paragraph (

a) is replaced by the following:

Interfering with international boundary marks, etc.

(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

(2) The portion of subsection 443(1) of the English version of the Act after paragraph (

b) is repealed.

2008, c. 12, s. 1

Paragraph 445(2)(

b) of the Act is replaced by the following:

(

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.

2015, c. 34, s. 3

Paragraph 445.01(2)(

b) of the Act is replaced by the following:

(

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.

2008, c. 12, s. 1

Paragraph 445.1(2)(

b) of the Act is replaced by the following:

(

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.

2008, c. 12, s. 1

Paragraph 446(2)(

b) of the Act is replaced by the following:

(

b) an offence punishable on

summary conviction.

2008, c. 12, s. 1

Paragraph 447(2)(

b) of the Act is replaced by the following:

(

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.

Section 451 of the Act is replaced by the following:

Having clippings, etc.

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.

(1) The portion of

section 453 of the Act before paragraph (

a) is replaced by the following:

Uttering coin

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

(2) The portion of

section 453 of the English version of the Act after paragraph (

b) is repealed.

(1) The portion of subsection 460(1) of the Act before paragraph (

a) is replaced by the following:

Advertising and dealing in counterfeit money, etc.

(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

(2) The portion of subsection 460(1) of the English version of the Act after paragraph (

b) is repealed.

R.S., c. 50 (4th Supp.), s. 1

Paragraphs 462.2(

a) and (

b) of the Act are replaced by the following:

(

a) for a first offence, 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; or

(

b) for a second or subsequent offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.

2001, c. 32, s. 12(7); 2005, c. 44, s. 1(2); 2010, c. 14, s. 7

Subsections 462.3(3) and (4) of the Act are repealed.

R.S., c. 42 (4th Supp.), s. 2; 1997, c. 18, s. 29

Subsections 462.32(2.1) to (3) of the Act are replaced by the following:

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.

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.

1997, c. 18, s. 30(3)

Subsection 462.33(3.01) of the Act is replaced by the following:

Effect of order

(3.01) A restraint order issued under subsection (1) has effect throughout Canada.

1997, c. 18, s. 31(1)

(1) Subparagraph 462.34(4)(c)(iii) of the Act is replaced by the following:

(iii)

permitting the use of the property in relation to an undertaking or release order,

R.S., c. 42 (4th Supp.), s. 2

(2) Subsection 462.34(8) of the Act is repealed.

1998, c. 35, s. 121

Paragraph 465(1)(

b) of the Act is replaced by the following:

(

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;

2001, c. 32, s. 27

Subsection 467.11(1) of the Act is replaced by the following:

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.

2001, c. 32, s. 28; 2014, c. 17, s. 11

Section 467.2 of the Act is repealed.

2002, c. 13, s. 17(1)

(1) The portion of subsection 482(2) of the Act before paragraph (

a) is replaced by the following:

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:

(2) Subsection 482(4) of the Act is replaced by the following:

Publication

(4) Rules of court that are made under this

section must be published or otherwise made available to the public.

2002, c. 13, s. 18

(1) Subsection 482.1(4) of the Act is replaced by the following:

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).

2002, c. 13, s. 18

(2) Subsections 482.1(5) and (6) of the Act are replaced by the following:

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).

2002, c. 13, s. 19

Subsection 485(1.1) of the Act is replaced by the following:

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.

2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21

Subsection 486(3) of the Act is replaced by the following:

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.

2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, s. 22(1)

Subparagraph 486.4(1)(a)(

i) of the Act is replaced by the following:

(

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

2008, c. 18, s. 11(1)

(1) Subsection 487(2) of the Act is replaced by the following:

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.

2008, c. 18, s. 11(2)

(2) Subsection 487(4) of the Act is repealed.

1993, c. 40, s. 15

Subsection 487.01(6) of the Act is replaced by the following:

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.

2014, c. 31, s. 20

Subsection 487.019(2) of the Act is replaced by the following:

Effect of order

(2) The order has effect throughout Canada.

2014, c. 31, s. 20

Section 487.0198 of the Act is replaced by the following:

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

Section 487.02 of the Act is replaced by the following:

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.

2007, c. 22, s. 7; 2008, c. 18, s. 12

Section 487.03 of the Act is repealed.

196.1

(1) Subparagraph (c)(

i) of the definition secondary designated offence in

section 487.04 of the Act is replaced by the following:

(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),

(2) Subparagraph (c)(iv) of the definition secondary designated offence in

section 487.04 of the Act is replaced by the following:

(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),

(3) Paragraph (

c) of the definition secondary designated offence in

section 487.04 of the Act is amended by adding the following after subparagraph (viii):

(viii.01)

section 280 (abduction of person under 16),

(viii.02)

section 281 (abduction of person under 14),

(4) Paragraph (

c) of the definition secondary designated offence in

section 487.04 of the Act is amended by adding the following after subparagraph (viii.1):

(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),

(5) Paragraph (

c) of the definition secondary designated offence in

section 487.04 of the Act is amended by adding the following after subparagraph (viii.2):

(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),

(6) Paragraph (

c) of the definition secondary designated offence in

section 487.04 of the Act is amended by adding the following after subparagraph (x):

(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),

(7) Paragraph (

c) of the definition secondary designated offence in

section 487.04 of the Act is amended by adding the following after subparagraph (xi):

(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).

Section 487.05 of the Act is amended by adding the following after subsection (3):

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.

2005, c. 25, s. 4; 2007, c. 22, s. 3

Paragraph 487.053(2)(

c) of the Act is replaced by the following:

(

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.

2007, c. 22, s. 11(2)

Subsection 487.055(3.01) of the Act is replaced by the following:

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.

1998, c. 37, s. 21(2)

Paragraph 487.08(4)(

b) of the Act is replaced by the following:

(

b) is guilty of an offence punishable on

summary conviction.

1997, c. 18, s. 45

Subsection 487.092(3) of the Act is replaced by the following:

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 autho