C-482
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-482
An Act to amend the Criminal Code (telecommunication device identifier)
first reading, March 5, 2013
Mr. Sullivan
411679
SUMMARY
This enactment amends the Criminal Code to provide that it is an offence to, without lawful excuse, wholly or partially alter a telecommunication device identifier, interfere with its operation or remove it from a telecommunication device.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-482
An Act to amend the Criminal Code (telecommunication device identifier)
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
1. Subparagraph (a)(liv) of the definition “offence” in section 183 of the Criminal Code is replaced by the following:
(liv) subsection 327(1) (possession of device to obtain telecommunication facility or serv-ice),
(liv.01) subsection 327(1.1) (alteration, interference or removal — telecommunication device identifier),
2. Section 327 of the Act is replaced by the following:
Possession of device to obtain telecommunication facility or service
327. (1) Every person who, without lawful excuse, the proof of which lies on the person, manufactures, possesses, sells or offers for sale or distributes a telecommunication device, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without paying a lawful charge for that use, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Alteration, interference or removal — tele-communication device identifier
(1.1) Every person who, without lawful excuse, the proof of which lies on the person, wholly or partially alters a telecommunication device identifier, interferes with its operation or removes it from a telecommunication device is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Manufacturer excepted
(1.2) Subsection (1.1) does not apply to the manufacturer of the telecommunication device or a person acting with the consent of the manufacturer.
Forfeiture
(2) If a person is convicted of an offence under subsection (1) or (1.1) or paragraph 326(1)(b), any instrument or device in relation to which the offence was committed or the possession of which constituted the offence may, on such conviction, in addition to any punishment that is imposed, be ordered forfeited to Her Majesty for disposal as directed by the Attorney General.
Limitation
(3) No order for forfeiture shall be made under subsection (2) in respect of telephone, telegraph or other communication facilities or equipment that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or that forms part of a telephone, telegraph or other communication service or system provided by that person unless the person was a party to the offence.
Definitions
(4) The following definitions apply in this section.
“telecommunication device”« instrument de télécommu-nication »
“telecommunication device” means an instrument or device, or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service.
“telecommunication device identifier”« identificateur d’instrument de télécommu-nication »
“telecommunication device identifier” means
(a) an identifier installed by the manufacturer of a telecommunication device on the device for the purpose of distinguishing the device from other telecommunication devices; and
(b) any other form of identifier that is prescribed by the regulations as a telecommunication device identifier for the purposes of this section.
COORDINATING AMENDMENT
Bill C-30
3. (1) Subsections (2) and (3) apply if Bill C-30, introduced in the 1st session of the 41st Parliament and entitled An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) If section 2 of this Act comes into force before section 19 of the other Act, then that section 19 is repealed.
(3) If section 2 of this Act comes into force on the same day as section 19 of the other Act, then that section 19 is deemed to have come into force before that section 2.
Published under authority of the Speaker of the House of Commons