C-349
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-349
An Act to amend the Criminal Code (body armour)
first reading, March 26, 2009
Ms. Black
402165
SUMMARY
This enactment amends the Criminal Code
(a) to make it an offence to use body armour while committing or attempting to commit an indictable offence or during flight after committing or attempting to commit an indictable offence; and
(b) to provide that a person convicted of using body armour in the commission of an offence is subject to a mandatory prohibition order under section 109 of the Code.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-349
An Act to amend the Criminal Code (body armour)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Subsection 84(1) of the Criminal Code is amended by adding the following in alphabetical order:
“body armour”« tenue de protection »
“body armour” means any material worn by an individual for the purpose of protecting his or her body from gunfire or stabbing, regardless of whether the material is worn alone or is used as a complement to a garment or other material.
2. The Act is amended by adding the following after section 87:
Offence
87.1 (1) Every person commits an offence who uses body armour
(a) while committing an indictable offence;
(b) while attempting to commit an indictable offence; or
(c) during flight after committing or attempting to commit an indictable offence.
Punishment
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a) in the case of a first offence, to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months; and
(b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of one year.
Sentences to be served consecutively
(3) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).
3. (1) The portion of subsection 109(1) of the French version of the Act before paragraph (a) is replaced by the following:
Ordonnance d'interdiction obligatoire
109. (1) Le tribunal doit, en plus de toute autre peine qu’il lui inflige ou de toute autre condition qu’il lui impose dans l’ordonnance d’absolution, rendre une ordonnance interdisant au contrevenant d’avoir en sa possession des armes à feu, arbalètes, tenues de protection, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives pour la période fixée en application des paragraphes (2) ou (3), lorsqu’il le déclare coupable ou l’absout en vertu de l’article 730, selon le cas :
(2) Paragraph 109(1)(b) of the Act is replaced by the following:
(b) an offence under subsection 85(1) (using firearm in commission of offence), 85(2) (using imitation firearm in commission of offence), 87.1(1) (using body armour in commission of offence), 95(1) (possession of prohibited or restricted firearm with ammunition), 99(1) (weapons trafficking), 100(1) (possession for purpose of weapons trafficking), 102(1) (making automatic firearm), 103(1) (importing or exporting knowing it is unauthorized) or section 264 (criminal harassment),
(3) Paragraph 109(1)(d) of the Act is replaced by the following: 
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a body armour, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing, 
(4) The portion of subsection 109(1) of the English version of the Act after paragraph (d) is replaced by the following:
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, body armour, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.
(5) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, body armour, restricted weapon, ammunition and explosive substance during the period that
(6) Subsection 109(3) of the English version of the Act is replaced by the following:
Duration of prohibition order — subsequent offences
(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, body armour, restricted weapon, ammunition and explosive substance for life.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada