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Criminal Code
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Coming into Force
Explanatory Notes
First Session, Forty-second Parliament,
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-75
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts
FIRST READING, March 29, 2018
MINISTER OF JUSTICE
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 life 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) allow the court to exempt an offender from the requirement to pay a victim surcharge if the offender satisfies the court that the payment would cause the offender undue hardship, provide the court with guidance as to what constitutes undue hardship, provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for those types of offences would be disproportionate in the circumstances, require courts to provide reasons for granting any exception for certain administration of justice offences or any exemption from the requirement to pay a victim surcharge and clarify that the amendments described in this paragraph apply to any offender who is sentenced after the day on which they come into force, regardless of whether or not the offence was committed before that day; 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.
Available on the House of Commons website at the following address:
www.ourcommons.ca
1st Session, 42nd Parliament, 
64-65-66-67 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-75
An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make 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 (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)
2 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
3 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
4 (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.
5 Section 20 of the Act is replaced by the following:
Certain acts on holidays valid
20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.
6 (1) The portion of subsection 52(1) of the Act before paragraph (a) is replaced by the following:
Sabotage
52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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.
7 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.
8 (1) The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:
Fraudulent use of certificate of citizenship
58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada,
(2) The portion of subsection 58(1) of the English version of the Act after paragraph (b) is repealed.
9 (1) The portion of subsection 62(1) of the Act before paragraph (a) is replaced by the following:
Offences in relation to military forces
62 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally
(2) The portion of subsection 62(1) of the English version of the Act after paragraph (c) is repealed.
2013, c. 15, s. 2
10 Section 65 of the Act is replaced by the following:
Punishment of rioter
65 (1) Every person who takes part in a riot is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
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 than10 years; or
(b) an offence punishable on summary conviction.
11 Section 69 of the Act is replaced by the following:
Neglect by peace officer
69 A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
12 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) 
13 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
14 Subsection 82(1) of the Act is replaced by the following:
Possession of explosive
82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
2001, c. 41, s. 4
15 (1) The portion of section 83.‍02 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 or is guilty of an offence punishable on summary conviction 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
16 (1) The portion of section 83.‍03 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 or is guilty of an offence punishable on summary conviction 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
17 (1) The portion of section 83.‍04 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 or is guilty of an offence punishable on summary conviction 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
18 (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
19 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,subsection487(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
20 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
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
2013, c. 9, s. 6
21 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
(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.
2015, c. 20, s. 16
22 Subsection 83.‍221(1) of the Act is replaced by the following:
Advocating or promoting commission of terrorism offences
83.‍221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such 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.
2013, c. 9, s. 9
23 Section 83.‍23 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 or an offence punishable on summary conviction, 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.
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
(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.
2004, c. 15, s. 32
24 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
25 Subsection 83.‍29(3) of the Act is replaced by the following:
Person to be brought before judge
(3) A peace officer who arrests a person in the execution of a warrant shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or make a release order, the form of which may be adapted to suit the circumstances.
2013, c. 9, s. 10
26 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
27 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
28 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
29 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
30 Subsection 103(3) of the Act is repealed.
1995, c. 39, s. 139
31 Subsection 104(3) of the Act is repealed.
2015, c. 27, s. 30
32 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)
33 Paragraph 110(2.‍1)‍(a) of the Act is replaced by the following:
(a) the person’s intimate partner;
2015, c. 27, s. 32
34 Section 110.‍1 of the Act is repealed.
35 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
36 (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 :
a) 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.
37 Section 122 of the Act is replaced by the following:
Breach of trust by public officer
122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
2007, c. 13, s. 6
38 (1) The portion of subsection 123(1) of the Act before paragraph (a) is replaced by the following:
Municipal corruption
123 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official
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
39 (1) The portion of section 124 of the Act before paragraph (a) is replaced by the following:
Selling or purchasing office
124 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 124 of the English version of the Act after paragraph (b) is repealed.
40 (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
125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 125 of the English version of the Act after paragraph (c) is repealed.
41 Subsection 126(1) of the Act is replaced by the following:
Disobeying a statute
126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
42 (1) The portion of section 128 of the Act before paragraph (a) is replaced by the following:
Misconduct of officers executing process
128 Every peace officer or coroner is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being entrusted with the execution of a process, intentionally
(2) The portion of section 128 of the English version of the Act after paragraph (b) is repealed.
1999, c. 18, s. 93
43 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).
44 (1) The portion of section 138 of the Act before paragraph (a) is replaced by the following:
Offences relating to affidavits
138 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 138 of the English version of the Act after paragraph (c) is repealed.
45 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 than10 years; or
(b) an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 19
46 Subsection 141(1) of the Act is replaced by the following:
Compounding indictable offence
141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
47 Section 142 of the Act is replaced by the following:
Corruptly taking reward for recovery of goods
142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
48 (1) The portion of section 144 of the Act before paragraph (a) is replaced by the following:
Prison breach
144 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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
49 (1) Subsections 145(1) to (6) of the Act are replaced by the following:
Escape and being at large without excuse
145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
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 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.
50 (1) The portion of section 146 of the Act before paragraph (a) is replaced by the following:
Permitting or assisting escape
146 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 146 of the English version of the Act after paragraph (c) is repealed.
51 (1) The portion of section 147 of the Act before paragraph (a) is replaced by the following:
Rescue or permitting escape
147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 147 of the English version of the Act after paragraph (c) is repealed.
52 (1) The portion of section 148 of the Act before paragraph (a) is replaced by the following:
Assisting prisoner of war to escape
148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly
(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
53 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
54 (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 :
a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;
b) 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.
55 The Act is amended by adding the following after section 155:
Historical offences
156 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4,1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.
R.‍S.‍, c. 19 (3rd Supp.‍), s. 3
56 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)
57 (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
58 Paragraph 162.‍2(4)‍(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
59 Subsection 172(1) of the Act is replaced by the following:
Corrupting children
172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
2012, c. 1, s. 23
60 Paragraph 173(1)‍(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
61 (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
176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(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
62 Subsection 179(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by repealing paragraph (b).
63 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:
Common nuisance
180 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so
(2) The portion of subsection 180(1) of the English version of the Act after paragraph (b) is repealed.
64 Section 181 of the Act is repealed.
65 (1) The portion of section 182 of the Act before paragraph (a) is replaced by the following:
Dead body
182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 182 of the English version of the Act after paragraph (b) is repealed.
66 Subsection 184(1) of the Act is replaced by the following:
Interception
184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
1993, c. 40, s. 4
67 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
68 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.
69 Subsection 191(1) of the Act is replaced by the following:
Possession, etc.
191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
70 Subsection 193(1) of the Act is replaced by the following:
Disclosure of information
193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly
(a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or
(b) discloses the existence of the private communication.
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
71 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
72 Subsection 201(1) of the Act is replaced by the following:
Keeping gaming or betting house
201 (1) Every person who keeps a common gaming house or common betting house is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
73 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
206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
74 Section 209 of the Act is replaced by the following:
Cheating at play
209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
75 Subsection 210(1) of the Act is replaced by the following:
Keeping common bawdy-house
210 (1) Every person who keeps a common bawdy-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.
2005, c. 32, s. 11
76 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
77 Paragraph 218(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
78 Section 221 of the Act is replaced by the following:
Causing bodily harm by criminal negligence
221 Every person who by criminal negligence causes bodily harm to another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
79 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 (1st Supp.‍), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1
80 Section 230 of the Act is repealed.
81 Section 237 of the Act is replaced by the following:
Punishment for infanticide
237 Every female person who commits infanticide is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
2016, c. 3, s. 3
82 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
83 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.
84 Sections 242 and 243 of the Act are replaced by the following:
Neglect to obtain assistance in childbirth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Concealing body of child
243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
2016, c. 3, s. 6
85 Subsection 245(1) of the Act is replaced by the following:
Administering noxious thing
245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty
(a) of an indictable offence and liable to imprisonment for a term of not more than14 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
86 (1) The portion of subsection 247(1) of the Act before paragraph (a) is replaced by the following:
Traps likely to cause bodily harm
247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,
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 than10 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 than10 years; or
(b) an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 36
87 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 than10 years; or
(b) an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 36
88 (1) The portion of subsection 251(1) of the Act before paragraph (a) is replaced by the following:
Unseaworthy vessel and unsafe aircraft
251 (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
89 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 than10 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)
90 Subsections 255(1) to (2.‍2) of the Act are replaced by the following:
Punishment
255 (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 of30 days, and
(iii) for each subsequent offence, imprisonment for a term of120 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)
91 (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.
92 (1) The portion of section 262 of the Act before paragraph (a) is replaced by the following:
Impeding attempt to save life
262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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
93 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)
94 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
95 (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
267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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
96 Paragraph 269(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
2009, c. 22, s. 9
97 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
98 Paragraph 270.‍1(3)‍(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
99 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
100 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) 
101 Sections 274 and 275 of the Act are replaced by the following:
Corroboration not required
274 If an accused is charged with an offence under section 151,152,153,153.‍1,155,160,170,171,172,173,271,272,273,286.‍1,286.‍2 or 286.‍3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
Rules respecting recent complaint abrogated
275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151,152,153,153.‍1 and 155, subsections 160(2) and (3) and sections 170,171,172,173,271,272 and 273.
2002, c. 13, s. 13
102 The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:
Evidence of complainant’s sexual activity
276 (1) In proceedings in respect of an offence under section 151,152,153,153.‍1 or 155, subsection 160(2) or (3) or section 170,171,172,173,271,272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
2002, c. 13, s. 14
103 Section 277 of the Act is replaced by the following:
Reputation evidence
277 In proceedings in respect of an offence under section 151,152,153,153.‍1 or 155, subsection 160(2) or (3) or section 170,171,172,173,271,272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
1998, c. 9, s. 3; 2014, c. 25, par. 17(2)‍(a) and (b)
104 Paragraph 278.‍2(1)‍(a) of the Act is replaced by the following:
(a) an offence under section 151,152,153,153.‍1,155,160,170,171,172,173,210,211,213,271,272,273,279.‍01,279.‍011,279.‍02,279.‍03,286.‍1,286.‍2 or 286.‍3; or
1997, c. 18, s. 14
105 Paragraph 279(2)‍(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
2014, c. 25, s. 19
106 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
107 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.
108 Subsection 280(1) of the Act is replaced by the following:
Abduction of person under age of 16
280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
109 Section 281 of the Act is replaced by the following:
Abduction of person under age of 14
281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
2014, c. 25, s. 20
110 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
111 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
112 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
113 Section 287 of the Act is repealed.
114 Subsection 291(1) of the Act is replaced by the following:
Punishment
291 (1) Every person who commits bigamy is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
115 Subsection 292(1) of the Act is replaced by the following:
Procuring feigned marriage
292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
116 Subsection 293(1) of the Act is replaced by the following:
Polygamy
293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).
2015, c. 29, s. 9
117 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.
118 (1) The portion of section 294 of the Act before paragraph (a) is replaced by the following:
Pretending to solemnize marriage
294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 294 of the English version of the Act after paragraph (b) is repealed.
2015, c. 29, s. 10
119 Section 295 of the Act is replaced by the following:
Marriage contrary to law
295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
120 Sections 300 and 301 of the Act are replaced by the following:
Punishment of libel known to be false
300 Every person who publishes a defamatory libel that they know is false is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
Punishment for defamatory libel
301 Every person who publishes a defamatory libel is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
121 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.
122 Subsection 318(1) of the Act is replaced by the following:
Advocating genocide
318 (1) Every person who advocates or promotes genocide 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.
2010, c. 14, s. 3
123 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)
124 (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 than10 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.
125 (1) The portion of subsection 338(1) of the Act before paragraph (a) is replaced by the following:
Fraudulently taking cattle or defacing brand
338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(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 than10 years; or
(b) an offence punishable on summary conviction.
126 Subsection 339(1) of the Act is replaced by the following:
Taking possession, etc.‍, of drift timber
339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,
(a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;
(b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or
(c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.
127 (1) The portion of section 340 of the Act before paragraph (a) is replaced by the following:
Destroying documents of title
340 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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.
128 Section 341 of the Act is replaced by the following:
Fraudulent concealment
341 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
2007, c. 9, s. 1
129 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.
130 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 than10 years; or
(b) an offence punishable on summary conviction.
131 Section 352 of the Act is replaced by the following:
Possession of instruments for breaking into coin-operated or currency exchange devices
352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
132 (1) The portion of subsection 353(1) of the Act before paragraph (a) is replaced by the following:
Selling, etc.‍, automobile master key
353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(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)
133 (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 than10 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
134 Section 357 of the Act is replaced by the following:
Bringing into Canada property obtained by crime
357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
1994, c. 44, s. 22(1)
135 (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 than10 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 than10 years; or
(b) an offence punishable on summary conviction.
136 (1) The portion of section 363 of the Act before paragraph (a) is replaced by the following:
Obtaining execution of valuable security by fraud
363 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person
(2) The portion of section 363 of the English version of the Act after paragraph (b) is repealed.
137 (1) The portion of subsection 377(1) of the Act before paragraph (a) is replaced by the following:
Damaging documents
377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully
(2) The portion of subsection 377(1) of the English version of the Act after paragraph (d) is repealed.
138 (1) The portion of section 378 of the Act before paragraph (a) is replaced by the following:
Offences in relation to registers
378 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(2) The portion of section 378 of the English version of the Act after paragraph (c) is repealed.
139 Section 381 of the Act is replaced by the following:
Using mails to defraud
381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
2004, c. 3, s. 4(F)
140 (1) The portion of section 382 of the Act before paragraph (a) is replaced by the following:
Fraudulent manipulation of stock exchange transactions
382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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
141 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 than10 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
142 (1) The portion of subsection 383(1) of the Act before paragraph (a) is replaced by the following:
Gaming in stocks or merchandise
383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,
(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.
143 Section 384 of the Act is replaced by the following:
Broker reducing stock by selling for their own account
384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.
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.
144 (1) The portion of subsection 385(1) of the Act before paragraph (a) is replaced by the following:
Fraudulent concealment of title documents
385 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who
(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.
145 (1) The portion of section 386 of the Act before paragraph (a) is replaced by the following:
Fraudulent registration of title
386 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,
(2) The portion of section 386 of the English version of the Act after paragraph (c) is repealed.
146 Section 387 of the Act is replaced by the following:
Fraudulent sale of real property
387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
147 (1) The portion of section 388 of the Act before paragraph (a) is replaced by the following:
Misleading receipt
388 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly,
(2) The portion of section 388 of the English version of the Act after paragraph (b) is repealed.
148 (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
389 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(2) The portion of subsection 389(1) of the English version of the Act after paragraph (b) is repealed.
149 Section 390 of the Act is replaced by the following:
Fraudulent receipts under Bank Act
390 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(a) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or
(b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.
150 (1) The portion of section 392 of the Act before paragraph (a) is replaced by the following:
Disposal of property to defraud creditors
392 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
(2) The portion of section 392 of the English version of the Act after paragraph (b) is repealed.
151 (1) The portion of subsection 393(1) of the Act before paragraph (a) is replaced by the following:
Fraud in relation to fares, etc.
393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction:
(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
152 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
153 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.
154 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.
155 (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:
Offences in relation to mines
396 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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.
156 (1) The portion of subsection 397(1) of the Act before paragraph (a) is replaced by the following:
Books and documents
397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,
(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.
157 (1) The portion of section 399 of the Act before paragraph (a) is replaced by the following:
False return by public officer
399 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of
(2) The portion of section 399 of the English version of the Act after paragraph (b) is repealed.
158 (1) The portion of subsection 400(1) of the Act before paragraph (a) is replaced by the following:
False prospectus, etc.
400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than10 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.
159 (1) Section 405 of the Act is replaced by the following:
Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance 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
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
160 (1) The portion of subsection 417(1) of the Act before paragraph (a) is replaced by the following:
Applying or removing marks without authority
417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,
(2) The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.
2001, c. 32, s. 10
161 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
162 Sections 424 and 424.‍1 of the Act are replaced by the following:
Threat against internationally protected person
424 Every person who threatens to commit an offence under section 235,236,266,267,268,269,269.‍1,271,272,273,279 or 279.‍1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
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 than10 years; or
(b) an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 56
163 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
164 (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
165 Subsection 435(1) of the Act is replaced by the following:
Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
1990, c. 15, s. 1
166 Subsection 436(1) of the Act is replaced by the following:
Arson by negligence
436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
1990, c. 15, s. 1
167 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.
168 (1) The portion of subsection 438(1) of the Act before paragraph (a) is replaced by the following:
Interfering with saving of wrecked vessel
438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,
(2) The portion of subsection 438(1) of the English version of the Act after paragraph (b) is repealed.
169 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 than10 years; or
(b) an offence punishable on summary conviction.
170 Sections 440 and 441 of the Act are replaced by the following:
Removing natural bar without permission
440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Occupant injuring building
441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable permanently attached or joined to the immovable, 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.
171 (1) The portion of subsection 443(1) of the Act before paragraph (a) is replaced by the following:
Interfering with international boundary marks, etc.
443 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes
(2) The portion of subsection 443(1) of the English version of the Act after paragraph (b) is repealed.
2008, c. 12, s. 1
172 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
173 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
174 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
175 Paragraph 446(2)‍(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
2008, c. 12, s. 1
176 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.
177 Section 451 of the Act is replaced by the following:
Having clippings, etc.
451 Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
178 (1) The portion of section 453 of the Act before paragraph (a) is replaced by the following:
Uttering coin
453 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, with intent to defraud, knowingly utters
(2) The portion of section 453 of the English version of the Act after paragraph (b) is repealed.
179 (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.
460 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(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
180 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
181 Subsections 462.‍3(3) and (4) of the Act are repealed.
R.‍S.‍, c. 42 (4th Supp.‍), s. 2; 1997, c. 18, s. 29
182 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)
183 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)
184 (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
185 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 than10 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 than14 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
186 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
187 Section 467.‍2 of the Act is repealed.
2002, c. 13, s. 17(1)
188 (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
189 (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
190 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 482.‍1permitting the accused not to appear personally apply.
2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21
191 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)
192 Subparagraph 486.‍4(1)‍(a)‍(i) of the Act is replaced by the following:
(i) an offence under section 151,152,153,153.‍1,155,160,162,163.‍1,170,171,171.‍1,172,172.‍1,172.‍2,173,210,211,213,271,272,273,279.‍01,279.‍011,279.‍02,279.‍03,280,281,286.‍1,286.‍2,286.‍3,346 or 347, or
2008, c. 18, s. 11(1)
193 (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
194 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
195 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
196 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
197 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
198 Section 487.‍03 of the Act is repealed.
199 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
200 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)
201 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)
202 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
203 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 authority to act as a peace officer in the place where it is executed.
2004, c. 10, s. 20
204 Subparagraph (b)‍(iii) of the definition designated offence in subsection 490.‍011(1) of the Act is repealed.
2010, c. 17, s. 5
205 Paragraph 490.‍012(4)‍(c) of the Act is replaced by the following:
(c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
2010, c. 17, s. 21(1)
206 Paragraph 490.‍031(1)‍(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
2010, c. 17, s. 22
207 Paragraph 490.‍0311(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
1997, c. 23, s. 15
208 Subsection 490.‍8(9) of the Act is replaced by the following:
Offence
(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
209 Section 492.‍1 of the Act is amended by adding the following after subsection (6):
Execution in Canada
(6.‍1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
210 Section 492.‍2 of the Act is amended by adding the following after subsection (5):
Execution in Canada
(5.‍1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
1994, c. 44, s. 39
211 (1) The definitions appearance notice, officer in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed.
(2) Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following:
(a) a person to whom a peace officer has issued an appearance notice under section 497, and
212 The Act is amended by adding the following after section 493:
Principle and Considerations
Principle of restraint
493.‍1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.‍1) or 515(10), as the case may be.
Aboriginal accused or vulnerable populations
493.‍2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of
(a) Aboriginal accused; and
(b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.
213 The Act is amended by adding the following after section 495:
Arrest without warrant – application of section 524
495.‍1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
1999, c. 25, s. 3
214 Sections 496 and 497 of the Act are replaced by the following:
Appearance notice for judicial referral hearing
496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.‍1.
Issue of appearance notice by peace officer
497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
(a) an indictable offence mentioned in section 553;
(b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or
(c) an offence punishable on summary conviction.
1999, c. 25, s. 4(1) and 30
215 (1) Subsection 498(1) of the Act is replaced by the following:
Release from custody — arrest without warrant
498 (1) Subject to subsection (1.‍1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if
(a) the peace officer intends to compel the person’s appearance by way of summons;
(b) the peace officer issues an appearance notice to the person; or
(c) the person gives an undertaking to the peace of­ficer.
Person delivered or detained
(1.‍01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.‍5(3) of the Customs Actand who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.
1999, c. 25, s. 4(1)
(2) The portion of subsection 498(1.‍1) of the Act before paragraph (a) is replaced by the following:
Exception
(1.‍1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,
(3) Subsection 498(2) of the Act is replaced by the following:
When subsections (1) and (1.‍01) do not apply
(2) Subsections (1) and (1.‍01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
1999, c. 25, s. 4(2)
(4) The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release
(3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
1997, c. 18, s. 52(3)
(5) Paragraph 498(3)‍(b) of the Act is replaced by the following:
(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).
1994, c. 44, s. 40; 1997, c. 18, s. 53; 1999, c. 25, s. 5
216 Section 499 of the Act is replaced by the following:
Release from custody — arrest with warrant
499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if
(a) the peace officer issues an appearance notice to the person; or
(b) the person gives an undertaking to the peace of­ficer.
R.‍S.‍, c. 27 (1st Supp.‍), s. 76(2); 1992, c. 47, s. 69; 1994, c. 44, s. 41; 1996, c. 7, s. 38; 1997, c. 18, s. 54; 1999, c. 25, s. 6; 2008, c. 18, s. 15
217 Sections 500 to 502 of the Act are replaced by the following:
Contents of appearance notice
500 (1) An appearance notice shall
(a) set out the name, date of birth and contact information of the accused;
(b) set out the substance of the offence that the accused is alleged to have committed;
(c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and
(d) indicate if the accused is required to appear at a judicial referral hearing under section 523.‍1 for a failure under section 496.
Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.‍2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.‍1.
Attendance for purposes of Identification of Criminals Act
(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Signature of accused
(4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.
Contents of undertaking
501 (1) An undertaking under paragraph 498(1)‍(c), 499(b) or 503(1.‍1)‍(b) must set out
(a) the name, date of birth and contact information of the accused;
(b) the substance of the offence that the accused is alleged to have committed; and
(c) a summary of subsections 145(4) and (6), sections 512 and 512.‍2 and subsection 524(4).
Mandatory conditions
(2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Additional conditions
(3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:
(a) report at specified times to the peace officer or other specified person;
(b) remain within a specified territorial jurisdiction;
(c) notify the peace officer or other specified person of any change in their address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;
(e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;
(f) deposit all their passports with the peace officer or other specified person;
(g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;
(h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;
(i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;
(j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and
(k) comply with any other specified condition for ensuring the safety and security of any victim of, or witness to, the offence.
Attendance for purposes of Identification of Criminals Act
(4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
Money or other valuable security to be deposited with justice
(5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.
Signature of accused
(6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.
Variation of undertaking on consent
502 (1) The undertaking in respect of which an accused has been released under section 498,499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498,499 or 503, as the case may be.
Replacement by justice of undertaking with order
(2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)‍(c), 499(b) or 503(1.‍1)‍(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.
218 The Act is amended by adding the following before section 503:
Appearance of the accused
502.‍1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.
Witness in Canada
(2) Despite section 714.‍1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.
Witness outside Canada
(3) For greater certainty, sections 714.‍2 to 714.‍8 apply when a witness outside Canada gives evidence in a proceeding under this Part.
Participants
(4) A participant, as defined in subsection 715.‍25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.
Justice
(5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.
1994, c. 44, s. 42; 1997, c. 18, s. 55(1) and (2); 1998, c. 7, s. 3; 1999, c. 25, s. 7
219 (1) Subsections 503(1) to (2.‍3) of the Act are replaced by the following:
Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not releasedthe person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
(a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and
(b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.
Re-evaluation of detention
(1.‍1) At any time before the expiry of the time referred to in paragraph (1)‍(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if
(a) the peace officer issues an appearance notice to the person; or
(b) the person gives an undertaking to the peace of­ficer.
Person delivered or in custody
(2) Subsections (1) and (1.‍1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.‍5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)‍(a) and (b) begins after the person is delivered to the officer.
R.‍S.‍, c. 27 (1st Supp.‍), s. 77
(2) Paragraph 503(3.‍1)‍(a) of the English version of the Act is replaced by the following:
(a) without conditions; or
R.‍S.‍, c. 27 (1st Supp.‍), s. 77; 1997, c. 18, s. 55(4)
(3) Paragraph 503(3.‍1)‍(b) of the Act is replaced by the following:
(b) on the terms of a release order containing any conditions referred to in paragraphs515(2)‍(a) to (e) that the justice considers desirable and to which the prosecutor consents.
(4) Subsection 503(4) of the Act is replaced by the following:
Release of person about to commit indictable offence
(4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.
(5) The portion of subsection 503(5) of the Act before paragraph (a) is replaced by the following:
Consequences of non-release
(5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)‍(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(6) Paragraph 503(5)‍(b) of the Act is replaced by the following:
(b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).
220 Section 505 of the Act is replaced by the following:
Time within which information to be laid in certain cases
505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.
1994, c. 44, s. 43
221 Subsections 507(6) and (7) of the Act are replaced by the following:
Endorsement of warrant by justice
(6) A justice who issues a warrant under this section or section 508,512,512.‍1 or 512.‍2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.
Undertaking or appearance notice deemed confirmed
(7) If, under subsection (6), a justice authorizes the release of an accused under section 499,an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.
R.‍S.‍, c. 27 (1st Supp.‍), s. 79
222 Paragraphs 508(1)‍(b) and (c) of the Act are replaced by the following:
(b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,
(i) confirm the appearance notice or undertaking and endorse the information accordingly, or
(ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and
(c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.
223 Subsection 509(4) of the Act is replaced by the following:
Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.‍1 and subsection 524(4).
1992, c. 47, s. 72; 1996, c. 7, s. 38
224 Section 510 of the Act is repealed.
1997, c. 18, s. 58(1)
225 (1) Paragraph 512(1)‍(a) of the Act is replaced by the following:
(a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);
(2) Paragraph 512(1)‍(c) of the Act is replaced by the following:
(c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.
1997, c. 18, s. 58(2)
(3) Paragraph 512(2)‍(b) of the Act is replaced by the following:
(b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or
226 The Act is amended by adding the following after section 512:
Arrest warrant — failure to appear under summons
512.‍1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Arrest warrant — failure to appear under appearance notice or undertaking
512.‍2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Warrant to appear under section 524
512.‍3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.
R.‍S.‍, c. 27 (1st Supp.‍), ss. 83(1) and (2), s. 186 (Sch. IV, item 7)
227 (1) Subsections 515(1) to (2.‍1) of the Act are replaced by the following:
Release order without conditions
515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.
Release order with conditions
(2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,
(a) an indication that the release order does not include any financial obligations;
(b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
(d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or
(e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.
Imposition of least onerous form of release
(2.‍01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)‍(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.
Promise to pay favoured over deposit
(2.‍02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.
Restraint in use of surety
(2.‍03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.
Power of justice — sureties
(2.‍1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.
1997, c. 18, s. 59(1)
(2) Subsections 515(2.‍2) and (2.‍3) of the Act are replaced by the following:
Appearance of the accused
(2.‍2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.‍3), by audioconference, if the technological means is satisfactory to the justice.
When consent required for audioconference
(2.‍3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.
1999, c. 25, s. 8(1) and (2)
(3) Subsections 515(3) and (4) of the Act are replaced by the following:
Factors to consider
(3) In making an order under this section, the justice shall consider any relevant factors, including,
(a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or
(b) whether the accused has been previously convicted of a criminal offence.
Conditions authorized
(4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:
(a) report at specified times to a peace officer, or other person, designated in the order;
(b) remain within a specified territorial jurisdiction;
(c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(f) deposit all their passports as specified in the order;
(g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and
(h) comply with any other reasonable conditions specified in the order that the justice considers desirable.
1999, c. 25, s. 8(4)
(4) Paragraph 515(4.‍2)‍(a) of the Act is replaced by the following:
(a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;
(a.‍1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or
2001, c. 41, s. 19(4)
(5) Subparagraphs 515(6)‍(a)‍(iv) and (v) of the English version of the Act are replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
R.‍S.‍, c. 27 (1st Supp.‍), s. 83(3)
(6) Paragraph 515(6)‍(c) of the Act is replaced by the following:
(b.‍1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;
(c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679,680 or 816; or
1993, c. 45, s. 8(3)
(7) Subsections 515(7) and (8) of the Act are replaced by the following:
Release order
(7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.‍2) that the justice considers desirable.
1997, c. 18, s. 60
228 Section 515.‍1 of the Act is replaced by the following:
Declaration of surety
515.‍1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in that sets out
(a) their name, date of birth and contact information;
(b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;
(c) their relationship to the accused;
(d) the name and date of birth of any other accused for whom they act as a surety;
(e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;
(f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;
(g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and
(h) a description of the contents of their criminal record and any outstanding charges against them, if any.
Exception
(2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if
(a) the prosecutor consents to it; or
(b) the judge, justice or court is satisfied that
(i) the person cannot reasonably provide a declaration in the circumstances,
(ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and
(iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)‍(e) to (g) to accept the role and responsibilities of a surety.
Means of telecommunication
(3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.
229 Section 516 of the Act is amended by adding the following after subsection (2):
Duration of order
(3) An order made under subsection (2) remains in force,
(a) until it is varied or revoked;
(b) until an order in respect of the accused is made under section 515;
(c) until the accused is acquitted of the offence, if applicable; or
(d) until the time the accused is sentenced, if applicable.
R.‍S.‍, c. 27 (1st Supp.‍), s. 85
230 The portion of subsection 519(1) of the Act before paragraph (a) is replaced by the following:
Release of accused
519 (1) If a justice makes a release order under section515,
231 The Act is amended by adding the following after section 519:
Variation of release order with consent
519.‍1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.
1999, c. 3, s. 31
232 Subsection 520(1) of the Act is replaced by the following:
Review of order
520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)‍(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
1999, c. 3, s. 32
233 Subsection 521(1) of the Act is replaced by the following:
Review of order
521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)‍(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
1999, c. 25, s. 10
234 Subsection 522(3) of the Act is replaced by the following:
Release of accused
(3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section515.
R.‍S.‍, c. 27 (1st Supp.‍), s. 89(1)
235 (1) The portion of subsection 523(1) of the Act before paragraph (a) is replaced by the following:
Period for which appearance notice, etc.‍, continues in force
523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
R.‍S.‍, c. 27 (1st Supp.‍), s. 89(3); 2011, c. 16, s. 2(1)
(2) Subsections 523(1.‍1) and (1.‍2) of the Act are replaced by the following:
When new information is received
(1.‍1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.
When direct indictment preferred
(1.‍2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.
1999, c. 3, s. 33
236 Section 524 of the Act and the heading before it are replaced by the following:
Proceedings Respecting Failure to Comply with Release Conditions
Judicial referral hearing
523.‍1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall
(a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or
(b) in any other case, hear the matter.
Circumstances
(2) The circumstances referred to in subsection (1) are the following:
(a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or
(b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.
Powers — Judge or Justice
(3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,
(a) take no action;
(b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,
(i) make a release order under section 515, or
(ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or
(c) remand the accused to custody for the purposes of the Identification of Criminals Act.
Dismissal of charge
(4) If a charge has been laid against the accused for the failure referred to in paragraph 2(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.
No information or indictment
(5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)‍(a).
Hearing
524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall
(a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or
(b) in any other case, hear the matter.
Circumstances
(2) The circumstances referred to in subsection (1) are the following:
(a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; and
(b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
Cancellation
(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that
(a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or
(b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.
Detention
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).
Release order
(5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section515.
Reasons
(6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.
Release
(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.
Provisions applicable to proceedings under this section
(8) The provisions of sections 516 to519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.
Review — order by judge
(9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)‍(a) is not subject to review except as provided in section 680.
Review — order of justice
(10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)‍(a), is subject to review under sections 520 and 521 as if the order were made under section515.
R.‍S.‍, c. 27 (1st Supp.‍), s. 90(1); 1997, c. 18, s. 61
237 (1) Subsection 525(1) of the Act is replaced by the following:
Time for application to judge
525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from
(a) the day on which the accused was taken before a justice under section 503; or
(b) in the case where an order that the accused be detained in custody has been made under section 521,paragraph 523.‍1(3)‍(b)‍(ii) or section524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.
The person shall make the application immediately after the expiry of those 90 days.
Waiver of right to hearing
(1.‍1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).
R.‍S.‍, c. 27 (1st Supp.‍), s. 90(3); 1994, c. 44, s. 49
(2) Subsections 525(3) to (9) of the Act are replaced by the following:
Cancellation of hearing
(3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.
Consideration of proceeding’s progression
(4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may
(a) give directions for expediting the proceedings; or
(b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.
Release order
(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section515.
Provisions applicable to proceedings
(6) Sections 495.‍1,512.‍3, 517to519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
R.‍S.‍, c. 27 (1st Supp.‍), s. 91
238 Section 526 of the Act is replaced by the following:
Directions for expediting proceedings
526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.
R.‍S.‍, c. 27 (1st Supp.‍), ss. 94 and 203; 1999, c. 3, s. 34; 2008, c. 18, s. 18(1)
239 Subsections 530(1) to (4) of the Act are replaced by the following:
Language of accused
530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.
Idem
(2) On application by an accused whose language is not one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
Accused to be advised of right
(3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
Remand
(4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
2002, c. 13, s. 24
240 Section 535 of the Act is replaced by the following:
Inquiry by justice
535 If an accused who is charged with an indictable offence that is punishable by imprisonment for life is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.‍1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
2002, c. 13, s. 25(1)
241 (1) Subsection 536(2) of the Act is replaced by the following:
Election before justice — imprisonment for life
(2) If an accused is before a justice, charged with an indictable offence that is punishable by imprisonment for life, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before justice — other indictable offences
(2.‍1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
R.‍S.‍, c. 27 (1st Supp.‍), s. 96
(2) Paragraph 536(3)‍(a) of the French version of the Act is replaced by the following:
a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise;
2004, c. 12, s. 9(1)
(3) Subsection 536(4) of the Act is replaced by the following:
Request for preliminary inquiry
(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469that is punishable by imprisonment for life, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
2004, c. 12, s. 9(2)
(4) The portion of subsection 536(4.‍1) of the Act before paragraph (a) is replaced by the following:
Endorsement on the information — accused referred to in subsection (2)
(4.‍1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(5) Section 536 of the Act is amended by adding the following after subsection (4.‍1):
Endorsement on the information — other accused charged with an offence punishable by imprisonment for life
(4.‍11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Endorsement on the information — accused referred to in subsection (2.‍1)
(4.‍12) If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
R.‍S.‍, c. 27 (1st Supp.‍), s. 96
(6) Subsection 536(5) of the French version of the Act is replaced by the following:
Compétence
(5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé aurait été commise est compétent pour l’application du paragraphe (4).
2002, c. 13, s. 26; 2004, c. 12, s. 10(1)
242 (1) Subsections 536.‍1(2) and (3) of the Act are replaced by the following:
Election before judge or justice of the peace in Nunavut — imprisonment for life
(2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by imprisonment for life, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
Election before judge or justice of the peace in Nunavut — other indictable offences
(2.‍1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. How do you elect to be tried?
Request for preliminary inquiry — Nunavut
(3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469that is punishable by imprisonment for life, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
2004, c. 12, s. 10(2)
(2) The portion of subsection 536.‍1(4) of the Act before paragraph (a) is replaced by the following:
Endorsement on the information — accused referred to in subsection (2)
(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(3) Section 536.‍1 of the Act is amended by adding the following after subsection (4):
Endorsement on the information — other accused charged with an offence punishable by imprisonment for life
(4.‍01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.
Endorsement on the information — accused referred to in subsection (2.‍1)
(4.‍02) If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.
2002, c. 13, s. 27
243 Section 536.‍5 of the English version of the Act is replaced by the following:
Agreement to limit scope of preliminary inquiry
536.‍5 Whether or not a hearing is held under section 536.‍4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.‍4(2), as the case may be.
1994, c. 44, s. 53(2); 2002, c. 13, s. 28(1)
244 (1) Paragraphs 537(1)‍(i) and (j) of the Act are replaced by the following:
(i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.‍4(2) or agreement made under section 536.‍5;
(j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;
1997, c. 18, s. 64(1)
(2) Paragraph 537(1)‍(k) of the Act is replaced by the following:
(k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
2008, c. 18, s. 22
(3) Subsection 537(1.‍01) of the Act is replaced by the following:
Power provided under paragraph (1)‍(i)
(1.‍01) For the purpose of paragraph (1)‍(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.
Section 715 or 715.‍01
(1.‍02) If a justice grants a request under paragraph (1)‍(j.‍1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715or 715.‍01.
2002, c. 13, s. 29(1)
245 Paragraph 540(1)‍(a) of the Act is replaced by the following:
(a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.‍01), and allow the accused or counsel for the accused to cross-examine them; and
1994, c. 44, s. 54
246 (1) Subsection 541(1) of the Act is replaced by the following:
Hearing of witnesses
541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.‍01), hear the witnesses called by the accused.
1994, c. 44, s. 54
(2) Subsection 541(5) of the Act is replaced by the following:
Depositions of witnesses
(5) Subject to subsection 537(1.‍01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.
247 (1) Subsection 543(1) of the Act is replaced by the following:
Order that accused appear or be taken before justice where offence alleged to have been committed
543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.
(2) The portion of subsection 543(2) of the French version of the Act before paragraph (a) is replaced by the following:
Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat
(2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction aurait été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :
(3) Paragraph 543(2)‍(b) of the French version of the Act is replaced by the following:
b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction aurait été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).
(4) Paragraph 543(2)‍(b) of the Act is replaced by the following:
(b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)‍(a).
1994, c. 44, s. 55
248 Subsection 544(5) of the Act is replaced by the following:
Accused calling witnesses
(5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.‍01), and subsection 541(5) applies with any modifications that the circumstances require.
2002, c. 13, s. 30
249 Subsection 549(1.‍1) of the Act is replaced by the following:
Limited preliminary inquiry
(1.‍1) If the prosecutor and the accused agree under section 536.‍5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
250 Subsection 550(2) of the Act is replaced by the following:
Clarification
(2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.
R.‍S.‍, c. 27 (1st Supp.‍), s. 102
251 Section 551 of the Act is replaced by the following:
Transmission of record by justice
551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541,any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
2011, c. 16, s. 4
252 Subsection 551.‍1(3) of the Act is repealed.
2011, c. 16, s. 4
253 (1) The portion of subsection 551.‍3(1) of the Act before paragraph (a) is replaced by the following:
Powers before evidence on merits presented
551.‍3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by
(2) Paragraph 551.‍3(1)‍(g) of the Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):
(vii) receiving routine police evidence, as defined in subsection 657.‍01(7), by affidavit or solemn declaration;
(3) Subsection 551.‍3(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203; 1994, c. 44, s. 58
254 (1) Subsections 555(1) and (2) of the Act are replaced by the following:
If charge should be prosecuted by indictment
555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Election before justice
(1.‍1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Continuing proceedings
(1.‍2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.
If subject matter is testamentary instrument or exceeds $5,000 in value
(2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.‍1).
R.‍S.‍, c. 27 (1st Supp.‍), s. 106; 2002, c. 13, s. 32
(2) The portion of subsection 555(3) of the Act before paragraph (b) is replaced by the following:
Continuing proceedings
(3) If an accused is put to their election under subsection (1.‍1) or (2), the following provisions apply:
(a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and
1999, c. 3, s. 39; 2002, c. 13, s. 33
255 Section 555.‍1 of the Act is replaced by the following:
If charge should be prosecuted by indictment — Nunavut
555.‍1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.
Election before justice
(1.‍1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?
Continuing proceedings
(1.‍2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.
If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut
(2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.‍1(2.‍1).
Continuing proceedings — Nunavut
(3) If an accused is put to their election under subsection (1.‍1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.
Application to Nunavut
(4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.
R.‍S.‍, c. 27 (1st Supp.‍), s. 110; 2002, c. 13, s. 37
256 (1) Subsections 561(1) to (5) of the Act are replaced by the following:
Right to re-elect
561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,
(a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),
(i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,
(ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and
(iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or
(b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),
(i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or
(ii) any mode of trial with the written consent of the prosecutor.
Right to re-elect
(2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
Notice of re-election under paragraph (1)‍(a)
(3) If an accused intends to re-elect under paragraph(1)(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,
(a) in the case of a re-election under subparagraph (1)‍(a)(ii), put the accused to their re-election in the manner set out in subsection (7); or
(b) if the accused intends to re-elect under subparagraph (1)‍(a)(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Notice of re-election under paragraph (1)‍(b) or subsection (2)
(4) If an accused intends to re-elect under paragraph (1)‍(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.
Notice and transmitting record
(5) If an accused intends to re-elect under paragraph(1)(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to re-elect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
(2) Paragraph 561(3)‍(b) of the Act is replaced by the following:
(b) if the accused intends to re-elect under subparagraph (1)‍(a)‍(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.
(3) Subsection 561(5) of the Act is replaced by the following:
Notice and transmitting record
(5) If an accused intends to re-elect under paragraph (1)‍(a) after the completion of the preliminary inquiry, they shall give notice in writing, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election. The judge or clerk shall, on receipt of the notice,
(a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and
(b) send to that judge or provincial court judge or clerk any information, evidence, exhibits and statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.
R.‍S.‍, c. 27 (1st Supp.‍), s. 110
(4) Subsection 561(6) of the French version of the Act is replaced by the following:
Date, heure et lieu du nouveau choix
(6) Lorsqu’un juge de la cour provinciale ou un juge ou un greffier du tribunal est avisé en vertu de l’alinéa (3)b) ou des paragraphes (4) ou (5) que le prévenu désire faire un nouveau choix, le juge de la cour provinciale ou le juge doit immédiatement fixer les date, heure et lieu où le prévenu pourra faire son nouveau choix et doit faire en sorte qu’un avis soit donné au prévenu et au poursuivant.
R.‍S.‍, c. 27 (1st Supp.‍), s. 110
(5) Subsection 561(7) of the Act is replaced by the following:
Proceedings on re-election
(7) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (6) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred under section 566,574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, has been read to the accused; or
(b) the information, in the case of a re-election under paragraph (1)(a), before the completion of the preliminary inquiry, or under paragraph (1)‍(b) or subsection (2), has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
2002, c. 13, s. 38(1)
257 (1) Subsections 561.‍1(2) and (3) of the Act are replaced by the following:
Right to re-elect before trial — Nunavut
(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.‍1(3) or is not entitled to make such a request under that subsection may, as of right, re-elect to be tried by any other mode of trial at any time up to 60 days before the day first appointed for the trial.
Right to re-elect at preliminary inquiry — Nunavut
(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.‍1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 60th day after its completion.
1999, c. 3, s. 43
(2) Subsection 561.‍1(4) of the French version of the Act is replaced by the following:
Avis : cas des paragraphes (1) ou (3) : Nunavut
(4) S’il a l’intention de faire un nouveau choix avant la fin de l’enquête préliminaire en vertu des paragraphes (1) ou (3), le prévenu doit en donner un avis écrit, accompagné, le cas échéant, du consentement, au juge de paix ou juge présidant l’enquête qui, sur réception de l’avis, l’appelle à faire son nouveau choix en vertu du paragraphe (9).
2002, c. 13, s. 38(2)
(3) Subsection 561.‍1(5) of the Act is replaced by the following:
Notice at preliminary inquiry — Nunavut
(5) If at a preliminary inquiry an accused intends to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not intend to request a preliminary inquiry under subsection 536.‍1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk any information, appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice of the peace.
2002, c. 13, s. 38(2)
(4) Subsection 561.‍1(6) of the Act is replaced by the following:
Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut
(6) If an accused who has not requested a preliminary inquiry under subsection 536.‍1(3), who has had one or who was not entitled to make such a request under that subsection intends to re-elect under this section, the accused shall give notice in writing of the intention to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
1999, c. 3, s. 43
(5) Subsection 561.‍1(9) of the Act is replaced by the following:
Proceedings on re-election — Nunavut
(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall be put to a re-election after
(a) the charge on which the accused has been ordered to stand trial has been read to the accused or, if an indictment has been preferred under section 566,574 or 577 or is filed with the court before which the indictment is to be preferred under section 577, the indictment has been read to the accused; or
(b) the information — in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry, or under subsection (2) — has been read to the accused.
The accused shall be put to their re-election in the following words or in words to the like effect:
You have given notice of your intention to re-elect the mode of your trial. You now have the option to do so. How do you intend to re-elect?
R.‍S.‍, c. 27 (1st Supp.‍), s. 110
258 Section 562 of the Act is replaced by the following:
Proceedings following re-election
562 (1) If the accused re-elects under subparagraph561(1)‍(a)(i) before the completion of the preliminary inquiry, under paragraph561(1)(a) after the completion of the preliminary inquiry or under paragraph 561(1)‍(b), the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.
Proceedings following re-election
(2) If the accused re-elects under subparagraph561(1)‍(a)(ii) before the completion of the preliminary inquiry, or under subsection 561(2), and requests a preliminary inquiry under subsection 536(4), the justice shall proceed with the preliminary inquiry.
2002, c. 13, s. 39
259 Subsection 562.‍1(1) of the Act is replaced by the following:
Proceedings following re-election — Nunavut
562.‍1 (1) If the accused re-elects under subsection 561.‍1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3), or if the accused re-elects any other mode of trial under subsection 561.‍1(2) but is not entitled to make a request for a preliminary inquiry under subsection 536.‍1(3), the judge shall proceed with the trial or appoint a time and place for the trial.
R.‍S.‍, c. 27 (1st Supp.‍), s. 110
260 Paragraph 563(a) of the Act is replaced by the following:
(a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, if applicable, subject to any amendments to the information that may be allowed by the provincial court judge by whom the accused is tried; and
1999, c. 3, s. 45; 2002, c. 13, s. 40
261 The portion of subsection 563.‍1(1) of the Act before paragraph (b) is replaced by the following:
Proceedings on re-election to be tried by judge without jury — Nunavut
563.‍1 (1) If an accused re-elects under section 561.‍1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3) or is not entitled to make such a request under that subsection,
(a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, if applicable, subject to any amendments that may be allowed by the judge by whom the accused is tried; and
R.‍S.‍, c. 27 (1st Supp.‍), s. 111; 1999, c. 3, ss. 46(1) and (2); 2008, c. 18, s. 23
262 (1) Subsections 565(1) to (2) of the Act are replaced by the following:
Election deemed to have been made
565 (1) If an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
(a) the justice of the peace, provincial court judge or judge, as the case may be, declined to record the election or re-election of the accused under section 567or subsection 567.‍1(1); or
(b) the accused does not elect when put to an election under section 536or 536.‍1.
When direct indictment preferred
(2) If an accused is to be tried after an indictment has been preferred against the accused on the basis of a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.‍1(3), if they were entitled to make such a request, and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
2008, c. 18, s. 23
(2) Subsection 565(3) of the Act is replaced by the following:
Notice of re-election
(3) If an accused intends to re-elect under subsection (2), the accused shall give notice in writing to a judge or clerk of the court where the indictment has been filed or preferred. The judge or clerk shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk any indictment, appearance notice, undertaking or release order given by or issued to the accused, any summons or warrant issued under section 578and any evidence taken before a coroner that is in the possession of the first-mentioned judge or clerk.
2002, c. 13, s. 42
263 Subsection 566.‍1(1) of the Act is replaced by the following:
Indictment — Nunavut
566.‍1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.‍1(3) or was not entitled to make such a request under that subsection, must be on an indictment in writing setting out the offence with which the accused is charged.
R.‍S.‍, c. 27 (1st Supp.‍), s. 112; 1994, c. 44, s. 59(1)
264 (1) Subsections 570(1) and (2) of the Act are replaced by the following:
Record of conviction or order
570 (1) If an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, shall be drawn up and the certified copy shall be delivered to the person making the request.
Acquittal and record of acquittal
(2) If an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence, an order in Form 37 shall be drawn up and, on request, a certified copy shall be drawn up and delivered to the accused.
1994, c. 44, s. 59(2); 2003, c. 21, s. 10
(2) Subsections 570(5) and (6) of the Act are replaced by the following:
Warrant of committal
(5) If an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
Admissibility of certified copy
(6) If a warrant of committal is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
2002, c. 13, s. 45
265 Subsection 574(1.‍1) of the Act is replaced by the following:
Preferring indictment when no preliminary inquiry
(1.‍1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.‍1(3) into the charge or was not entitled to make such a request, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
R.‍S.‍, c. 27 (1st Supp.‍), s. 117
266 Subsection 579(1) of the Act is replaced by the following:
Attorney General may direct stay
579 (1) The Attorney General or counsel instructed by the Attorney General for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by the Attorney General’s or counsel’s direction, as the case may be, and the entry shall then be made, at which time the proceedings shall be stayed accordingly and any undertaking or release order relating to the proceedings is vacated.
1994, c. 44, s. 60
267 (1) The portion of subsection 579.‍1(1) of the Act before paragraph (b) is replaced by the following:
Intervention by Attorney General of Canada or Director of Public Prosecutions
579.‍1 (1) The Attorney General of Canada or the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act, or counsel instructed by him or her for that purpose, may intervene in proceedings in the following circumstances:
(a) the proceedings are in respect of an offence for which he or she has the power to commence or to conduct a proceeding;
1994, c. 44, s. 60
(2) Paragraph 579.‍1(1)‍(d) of the French version of the Act is replaced by the following:
d) à l’égard de laquelle n’est pas intervenu le procureur général de la province où les poursuites ou procédures sont engagées.
1994, c. 44, s. 60
(3) Subsection 579.‍1(2) of the Act is replaced by the following:
Sections 579 and 579.‍01 to apply
(2) Sections579and 579.‍01 apply, with any modifications that the circumstances require, to proceedings in which the Attorney General of Canada or the Director of Public Prosecutions intervenes under this section.
268 Subsection 597(3) of the Act is replaced by the following:
Interim release
(3) If an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may make a release order referred to in section 515.
269 Paragraph 599(1)‍(a) of the Act is replaced by the following:
(a) it appears expedient to the ends of justice, including
(i) to promote a fair and efficient trial, and
(ii) to ensure the safety and security of a victim or witness or to protect their interests and those of society; or
2002, c. 13, s. 49(1)
270 (1) The portion of subsection 606(1.‍1) of the English version of the Act before subparagraph (b)‍(i) is replaced by the following:
Conditions for accepting guilty plea
(1.‍1) A court may accept a plea of guilty only if it is satisfied that
(a) the accused is making the plea voluntarily;
(b) the accused understands
(2) Subsection 606(1.‍1) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) the facts support the charge.
1992, c. 41, s. 2; 2001, c. 32, s. 40; 2002, c. 13, s. 54(1) and (2); 2008, c. 18, s. 25; 2011, c. 16, s. 8
271 Sections 633 and 634 of the Act are replaced by the following:
Stand by
633 The judge may direct a juror who has been called under subsection 631(3) or (3.‍1) to stand by for reasons of personal hardship, maintaining public confidence in the administration of justice or any other reasonable cause.
1992, c. 41, s. 2
272 Subsection 635(1) of the Act is replaced by the following:
Order of challenges
635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror for cause, and after that the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.
273 Paragraphs 638(1)‍(b) to (d) of the Act are replaced by the following:
(b) a juror is not impartial;
(c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;
(d) a juror is not a Canadian citizen;
2008, c. 18, s. 26; 2011, c. 16, s. 9
274 Section 640 of the Act is replaced by the following:
Determination of challenge for cause
640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.
Exclusion order
(2) On the application of the accused or prosecutor or on the judge’s own motion, the judge may order the exclusion of all jurors, sworn and unsworn, from the court room until it is determined whether the ground of challenge is true if the judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.
275 Section 644 of the Act is amended by adding the following after subsection (2):
Trial may continue without jury
(3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.
1994, c. 44, s. 61; 1997, c. 18, s. 77(1)‍(F) and (2)
276 Subsections 650(1.‍1) and (1.‍2) of the Act are replaced by the following:
Video links
(1.‍1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.
Video links
(1.‍2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.
2002, c. 13, s. 61
277 Section 650.‍02 of the Act is replaced by the following:
Remote appearance
650.‍02 The prosecutor or the counsel designated under section 650.‍01 may appear before the court by audioconference or videoconference, if the technological means is satisfactory to the court.
278 The Act is amended by adding the following after section 657:
Routine police evidence
657.‍01 (1) In any proceedings, the court may allow routine police evidence, if otherwise admissible through testimony, to be received in evidence by affidavit or solemn declaration of a police officer and may, on its own motion or at the request of any party, require the attendance of that police officer for the purposes of examination or cross-examination, as the case may be.
Factors to consider
(2) In determining whether to receive any routine police evidence by affidavit or solemn declaration and, if so, whether to require the attendance of the police officer, the court shall take into account the interests of justice, including
(a) the nature of the proceedings in which the evidence is sought to be received by affidavit or solemn declaration;
(b) the extent to which that evidence is central or peripheral to the issue before the court;
(c) whether and the extent to which that evidence is expected to be contested;
(d) the accused’s right to make full answer and defence;
(e) the importance of promoting a fair and efficient trial; and
(f) any other factor that the court considers relevant.
Notice of intention to produce evidence
(3) The affidavit or solemn declaration shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the affidavit or solemn declaration.
Notice of intention to object or cross-examine
(4) The party against whom the affidavit or solemn declaration is to be produced shall, before the trial or other proceeding, give the other party reasonable notice of any intention
(a) to object to the court receiving the evidence by affidavit or solemn declaration; or
(b) to request that the court require the attendance of the police officer for the purposes of cross-examination.
Proof of affidavit or solemn declaration
(5) For the purpose of subsection (1), the affidavit or solemn declaration is received in evidence without proof of the signature of the person or the official character of the person appearing to have signed it.
Non-derogation
(6) Nothing in this section affects any other provisions of this Act or any other Act of Parliament or any rule of common law that allows evidence to be received in writing.
Definitions
(7) The following definitions apply in this section.
police officer means any officer, constable or other person employed for the preservation and maintenance of the public peace. (policier)
routine police evidence means evidence of a police officer related to
(a) gathering evidence and making observations;
(b) analysing, preserving or otherwise handling evidence;
(c) identifying or arresting an accused or otherwise interacting with an accused; or
(d) other routine activities similar to those set out in paragraphs (a) to (c) that the police officer undertook in the course of their duties. (élément de preuve de routine)
1991, c. 43, s. 4; 2005, c. 22, par. 42(d)‍(F)
279 Section 672.‍46 of the Act is replaced by the following:
Status quo pending Review Board hearing
672.‍46 (1) If the court does not make a disposition in respect of the accused at a disposition hearing, any order for the detention of the accused or any release order, appearance notice, summons or undertaking in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.
Variation
(2) Despite subsection (1), a court may, pending a disposition by the Review Board in respect of the accused, on cause being shown, vacate the detention order, release order, appearance notice, summons or undertaking referred to in that subsection, and make any other order for the detention of the accused or any other release order that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital.
1997, c. 18, s. 84(2); 2005, c. 22, para. 42(g)‍(F)
280 Subsection 672.‍5(13) of the Act is replaced by the following:
Video links
(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or videoconference for any part of the hearing.
2013, c.‍11, s.‍2
281 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 259,261 or 462.‍37, subsection 491.‍1(2), 730(1) or 737(1.‍1), (3) or (5) or section 738,739,742.‍1,742.‍3,743.‍6,745.‍4 or 745.‍5,
R.‍S.‍, c. 27 (1st Supp.‍), s. 141; 1999, c. 25, s. 14
282 (1) Subsections 679(5) to (6) of the Act are replaced by the following:
Conditions of release order
(5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.
Immediate release of appellant
(5.‍1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.
Applicable provisions
(6) Sections 495.‍1,512.‍3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
(2) Subsection 679(9) of the Act is repealed.
1994, c. 44, s. 68
283 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Review by court of appeal
680 (1) A decision made by a judge under section 522,a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)‍(a) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
2002, c. 13, s. 67
284 (1) Subsection 683(2.‍1) of the Act is replaced by the following:
Remote appearance
(2.‍1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.
(2) Section 683 of the Act is amended by adding the following after subsection (2.‍2):
Application of sections 715.‍25 and 715.‍26
(2.‍3) Sections 715.‍25 and 715.‍26 apply, with any modifications that the circumstances require, to proceedings under this section.
2008, c. 18, s. 29(1)
(3) Subsection 683(5.‍1) of the Act is replaced by the following:
Release order or recognizance
(5.‍1) Before making an order under paragraph (5)‍(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.
2008, c. 18, s. 29(2)
(4) Subsection 683(7) of the Act is replaced by the following:
Release order to be taken into account
(7) If the offender is subject to a release order under subsection (5.‍1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.
1999, c. 3, s. 52(2)
285 Paragraph 686(5.‍01)‍(b) of the English version of the Act is replaced by the following:
(b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;
2002, c. 13, s. 68
286 Paragraphs 688(2.‍1)‍(a) and (b) of the Act are replaced by the following:
(a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and
(b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203; 1997, c. 30, s. 2
287 Subsections 699(5) and (5.‍1) of the Act are replaced by the following:
Signature
(5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part must be signed by the justice, provincial court judge or the clerk of the court.
Sexual offences
(5.‍1) Despite anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.‍2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.‍1 to 278.‍91, must be issued by a judge and signed by the judge or the clerk of the court.
1999, c. 18, s. 94
288 Subsection 700.‍1(1) of the Act is replaced by the following:
Video links
700.‍1 (1) If a person is to give evidence under section 714.‍1 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement under an order made under section 22.‍2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at that place.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
289 (1) The portion of subsection 705(1) of the Act before paragraph (a) is replaced by the following:
Warrant if witness does not attend
705 (1) If a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may issue a warrant in Form 17 for the arrest of that person if it is established
(2) The portion of subsection 705(1) of the Act after paragraph (b) is repealed.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
(3) Subsection 705(2) of the Act is replaced by the following:
Warrant if witness bound by recognizance
(2) If a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue a warrant in Form 17 for the arrest of that person.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
(4) Subsection 705(3) of the French version of the Act is replaced by the following:
Mandat valable partout au Canada
(3) Un mandat décerné par un juge de paix ou un juge de la cour provinciale en vertu des paragraphes (1) ou (2) peut être exécuté partout au Canada.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
290 Section 706 of the Act is replaced by the following:
If witness arrested under warrant
706 If a person is brought before a court, judge, provincial court judge or justice under a warrant issued under subsection 698(2) or section 704 or 705, the court, judge, provincial court judge or justice may, so that the person will appear and give evidence when required, order that the person be detained in custody or make a release order, the form of which may be adapted to suit the circumstances.
291 Subsection 707(3) of the Act is replaced by the following:
Review of detention
(3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, the judge shall order them to be discharged or shall make a release order, the form of which may be adapted to suit the circumstances, so that the witness will appear and give evidence when required. However, if the judge is satisfied that the continued detention of the witness is justified, the judge may order their continued detention until they do what is required of them under section 550 or the trial is concluded, or until they appear and give evidence when required, except that the total period of detention of the witness from the time they were first detained in custody shall not in any case exceed 90 days.
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
292 Subsection 708(2) of the French version of the Act is replaced by the following:
Peine
(2) Un tribunal, un juge, un juge de paix ou un juge de la cour provinciale peut traiter par voie sommaire une personne coupable d’un outrage au tribunal en vertu du présent article, et cette personne est passible d’une amende maximale de cent dollars et d’un emprisonnement maximal de quatre-vingt-dix jours, ou de l’une de ces peines, et il peut lui être ordonné de payer les frais résultant de la signification de tout acte judiciaire selon la présente partie et de sa détention, s’il en est.
1999, c. 18, s. 95
293 Sections 714.‍1 to 714.‍8 of the Act are replaced by the following:
Audioconference and videoconference — witness in Canada
714.‍1 A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness were to appear personally;
(c) the nature of the witness’ anticipated evidence;
(d) the suitability of the location from where the witness will give evidence;
(e) the accused’s right to a fair and public hearing;
(f) the nature and seriousness of the offence; and
(g) any potential prejudice to the parties caused by the fact that the witness would not be seen by them, if the court were to order the evidence to be given by audioconference.
Videoconference — witness outside Canada
714.‍2 (1) A court shall receive evidence given by a witness outside Canada by videoconference, unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.
Notice
(2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than 10 days before the witness is scheduled to testify.
Audioconference — witness outside Canada
714.‍3 The court may receive evidence given by a witness outside Canada by audioconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including those set out in paragraphs 714.‍1(a) to (g).
Reasons
714.‍4 If the court does not make an order under section 714.‍1 or does not receive evidence under section 714.‍2 or 714.‍3, it shall include in the record a statement of the reasons for not doing so.
Cessation
714.‍41 The court may, at any time, cease the use of the technological means referred to in section 714.‍1,714.‍2 or 714.‍3 and take any measure that the court considers appropriate in the circumstances to have the witness give evidence.
Oath or affirmation
714.‍5 The evidence referred to in section 714.‍2 or 714.‍3, that is given by a witness who is outside of Canada, shall be given
(a) under oath or affirmation in accordance with Canadian law;
(b) under oath or affirmation in accordance with the law in the place where the witness is physically present; or
(c) in any other manner that demonstrates that the witness understands that they must tell the truth.
Other laws about witnesses to apply
714.‍6 When a witness who is outside Canada gives evidence under section 714.‍2 or 714.‍3, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.
Costs of technology
714.‍7 Unless the court orders otherwise, a party who calls a witness to give evidence by means of the technology referred to in section 714.‍1,714.‍2 or 714.‍3 shall pay any costs associated with the use of the technology.
Consent
714.‍8 Nothing in sections 714.‍1 to 714.‍7 is to be construed as preventing a court from receiving evidence by audioconference or videoconference, if the parties so consent.
294 The Act is amended by adding the following after section 715:
Transcript of evidence
715.‍01 (1) Despite section 715, the transcript of testimony given by a police officer, as defined in subsection 657.‍01(7), in the presence of an accused during a voir dire or preliminary inquiry held in relation to the accused’s trial may be received in evidence at that trial.
Notice of intention to produce evidence
(2) No transcript is to be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the transcript.
Attendance of police officer
(3) The court may require the attendance of the police officer for the purposes of examination or cross-examination, as the case may be.
Admission of evidence
(4) Despite subsection (1), evidence that has been taken at a preliminary inquiry in the absence of an accused may be received in evidence for the purposes referred to in that subsection if the accused’s absence was authorized by a justice under paragraph 537(1)‍(j.‍1).
Absconding accused deemed present
(5) For the purposes of this section, if evidence was taken during a voir dire or preliminary inquiry in the absence of an accused, who was absent by reason of having absconded, the accused is deemed to have been present during the taking of the evidence and to have had full opportunity to cross-examine the witness.
Exception
(6) This section does not apply to any evidence received under subsection 540(7).
295 The Act is amended by adding the following after section 715.‍2:
PART XXII.‍01 
Remote Attendance by Certain Persons
Principles
Attendance
715.‍21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.
Provisions providing for audioconference or videoconference
715.‍22 The purpose of the provisions of this Act that allow a person to appear at, participate in or preside at a proceeding by audioconference or videoconference, in accordance with the rules of court, is to serve the proper administration of justice, including by ensuring fair and efficient proceedings and enhancing access to justice.
Accused
Appearance by audioconference or videoconference
715.‍23 (1) Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the accused;
(b) the costs that would be incurred if the accused were to appear personally;
(c) the suitability of the location from where the accused will appear;
(d) the accused’s right to a fair and public hearing; and
(e) the nature and seriousness of the offence.
Reasons
(2) If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.
Cessation
(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.
Accused in prison
715.‍24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Participants
Definition of participant
715.‍25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.
Participation by audioconference or videoconference
(2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including
(a) the location and personal circumstances of the participant;
(b) the costs that would be incurred if the participant were to participate personally;
(c) the nature of the participation;
(d) the suitability of the location from where the participant will participate;
(e) the accused’s right to a fair and public hearing; and
(f) the nature and seriousness of the offence.
Reasons
(3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.
Cessation
(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.
Costs
(5) Unless the court orders otherwise, a party who has a participant participate by audioconference or videoconference shall pay any costs associated with the use of that technology.
Judge or Justice
Presiding by audioconference or videoconference
715.‍26 (1) Except as otherwise provided in this Act, the judge or justice may preside at the proceeding by audioconference or videoconference, if the judge or justice considers it necessary having regard to all the circumstances, including
(a) the accused’s right to a fair and public hearing;
(b) the nature of the witness’ anticipated evidence;
(c) the nature and seriousness of the offence; and
(d) the suitability of the location from where the judge or justice will preside.
Reasons
(2) The judge or justice shall include in the record a statement of the judge or justice’s reasons for the decision to preside at the proceeding by audioconference or videoconference.
Cessation
(3) The judge or justice may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the judge or justice considers appropriate in the circumstances to preside at the proceeding.
2005, c. 32, s. 25
296 Subparagraph 718.‍2(a)‍(ii) of the Act is replaced by the following:
(ii) evidence that the offender, in committing the offence, abused the offender’s intimate partner,
297 Section 718.‍3 of the Act is amended by adding the following after subsection (7):
Maximum penalty — intimate partner
(8) If an accused is convicted of an indictable offence in the commission of which violence was used, threatened or attempted against an intimate partner and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against an intimate partner, the court may impose a term of imprisonment that is more than the maximum term of imprisonment provided for that offence but not more than
(a) five years, if the maximum term of imprisonment for the offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the offence is 14 years or more and up to imprisonment for life.
2009, c. 29, s. 3
298 Subsection 719(3.‍1) of the Act is replaced by the following:
Exception
(3.‍1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody.
1995, c. 22, s. 6
299 Subsection 730(2) of the Act is replaced by the following:
Period for which appearance notice, etc.‍, continues in force
(2) Subject to Part XVI, if an accused who has not been taken into custody or who has been released from custody under any provision of that Part pleads guilty to or is found guilty of an offence but is not convicted, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.
2014, c. 21, s. 2(1)
300 (1) Paragraph 732.‍1(2)‍(a.‍1) of the Act is repealed.
2014, c. 21, s. 2(2)
(2) Subsections 732.‍1(2.‍1) and (2.‍2) of the Act are repealed.
(3) Subsection 732.‍1(3) of the Act is amended by adding the following after paragraph (a):
(a.‍1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the court considers necessary;
2015, c. 23, s. 18
301 Paragraph 733.‍1(1)‍(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
2008, c. 18, s. 38
302 Paragraph 734(5)‍(b) of the Act is replaced by the following:
(b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or two years less a day in the case of a summary conviction offence.
1995, c. 22, s. 6
303 Section 734.‍4 of the Act is replaced by the following:
Proceeds to go to provincial treasurer
734.‍4 (1) If a fine or forfeiture is imposed or an amount set out in an undertaking, release order or recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the amount was forfeited, and shall be paid by the person who receives them to the treasurer of that province.
Proceeds to go to Receiver General for Canada
(2) The proceeds described in subsection (1) belong to Her Majesty in right of Canada and must be paid by the person who receives them to the Receiver General if, as the case may be,
(a) the fine or forfeiture is imposed
(i) in respect of a contravention of a revenue law of Canada,
(ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or
(iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution; or
(b) an amount set out in an undertaking, release order or recognizance is forfeited in connection with proceedings mentioned in paragraph (a).
Direction for payment to municipality
(3) If a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which an amount set out in an undertaking, release order or recognizance is forfeited,
(a) the lieutenant governor in council of a province may direct that the proceeds that belong to Her Majesty in right of the province shall be paid to that authority; and
(b) the Governor in Council may direct that the proceeds that belong to Her Majesty in right of Canada shall be paid to that authority.
2013, c. 11, s. 3(1)
304 (1) Subsection 737(1) of the Act is replaced by the following:
Victim surcharge
737 (1) Subject to subsection (1.‍1), an offender who is convicted, or discharged under section 730, of an offence under this Act or the Controlled Drugs and Substances Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Exception
(1.‍1) The court may order an offender to pay fewer victim surcharges than the number of offences, if it is satisfied that the total amount of the surcharges imposed on the offender for the following types of offences would be disproportionate in the circumstances:
(a) any offence relating to the offender’s failure to appear before a court; and
(b) any offence relating to a breach of any conditions of a release imposed on the offender by a peace officer or of any conditions of a court order, if that breach did not cause a victim physical or emotional harm, property damage or economic loss.
(2) Section 737 of the Act is amended by adding the following after subsection (4):
Exemption
(5) If an offender establishes to the satisfaction of the court that payment of a victim surcharge under subsection (1) would cause undue hardship to the offender, the court may, on application of the offender, make an order exempting the offender from the payment of the victim surcharge.
Undue hardship
(6) For the purposes of subsection (5), undue hardship means the offender is unable to pay a victim surcharge on account of the offender’s precarious financial circumstances, including because of their unemployment, homelessness, lack of assets or significant financial obligations towards their dependants.
For greater certainty
(6.‍1) For greater certainty, for the purposes of subsection (6), the imprisonment of the offender alone does not constitute undue hardship.
Reasons
(6.‍2) When the court makes an order under subsection (1.‍1) or (5), the court shall state its reasons in the record of the proceedings.
2013, c. 11, s. 3(4)
(3) The portion of subsection 737(9) of the Act before paragraph (a) is replaced by the following:
Enforcement
(9) Subsections 734(3) to (7) and sections 734.‍3,734.‍5,734.‍7,734.‍8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) or (1.‍1) and, in particular,
(4) Section 737 of the Act is amended by adding the following after subsection (9):
Application — subsections (1.‍1) and (5) to (6.‍2)
(10) Subsections (1.‍1) and (5) to (6.‍2) apply to any offender who is sentenced for an offence under this Act or the Controlled Drugs and Substances Act, after the day on which those subsections come into force, regardless of whether or not the offence was committed before that day.
1995, c. 22, s. 6; 2000, c. 12, par. 95(e)
305 Paragraph 738(1)‍(c) of the Act is replaced by the following:
(c) in the case of bodily harm or threat of bodily harm to the offender’s intimate partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the intimate partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
2014, c. 21, s. 3
306 (1) Subsections 742.‍3(1.‍1) to (1.‍3) of the Act are repealed.
(2) Subsection 742.‍3(2) of the Act is amended by adding the following after paragraph (a.‍2):
(a.‍3) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order or from going to any place or geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
1999, c. 5, s. 41(1)
307 Paragraph 742.‍6(1)‍(e) of the Act is replaced by the following:
(e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and
2008, c. 18, s. 42
308 Paragraph 743.‍21(2)‍(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
309 Section 745.‍64 of the Act is amended by adding the following after subsection (1):
Statutory Instruments Act
(1.‍1) The Statutory Instruments Act does not apply to those rules.
2008, c. 6, s. 46
310 Subsection 753.‍3(1) of the Act is replaced by the following:
Breach of long-term supervision
753.‍3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or
(b) an offence punishable on summary conviction.
311 The heading before section 762 of the Act is replaced by the following:
Effect and Enforcement of Undertakings, Release Orders and Recognizances
312 Subsection 762(1) of the Act is replaced by the following:
Applications for forfeiture
762 (1) Applications for the forfeiture of an amount set out in an undertaking, release order or recognizance must be made to the courts designated in column II of the schedule of the respective provinces designated in column I of the schedule.
R.‍S.‍, c. 27 (1st Supp.‍), ss. 167 and 203
313 Sections 763 to 768 of the Act are replaced by the following:
Undertaking or release order binding on person
763 If a person is bound by an undertaking or release order to appear before a court, provincial court judge or justice for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and their sureties continue to be bound by the undertaking or release order as if it had been entered into or issued with respect to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.
Undertaking or release order binding on accused
764 (1) If an accused is bound by an undertaking or release order to appear for trial, their arraignment or conviction does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be.
Committal or new sureties
(2) Despite subsection (1), the court, provincial court judge or justice may commit an accused to prison or may require them to furnish new or additional sureties for their appearance until the accused is discharged or sentenced, as the case may be.
Effect of committal
(3) The sureties of an accused who is bound by a release order to appear for trial are discharged if the accused is committed to prison under subsection (2).
Summary of certain provisions
(4) A summary of section 763 and subsections (1) to (3) of this section must be set out in any undertaking or release order.
Effect of subsequent arrest
765 If an accused is bound by an undertaking or a release order to appear for trial, their arrest on another charge does not cancel the undertaking or release order, and it continues to bind them and their sureties for their appearance until the accused is discharged or sentenced, as the case may be, in respect of the offence to which the undertaking or release order relates.
Render of accused by sureties
766 (1) A surety for a person who is subject to a release order or recognizance may, by an application in writing to a court, provincial court judge or justice, apply to be relieved of their obligation under the release order or recognizance, and the court, provincial court judge or justice shall then make an order in writing for committal of that person to the prison named in that order.
Arrest
(2) An order issued by a court, provincial court judge or justice under subsection (1) must be given to the surety and, on receipt of it, the surety or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named in the order, and the keeper shall receive and imprison that person until the person is discharged according to law.
Certificate and entry of render
(3) If a court, provincial court judge or justice issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison under subsection (2), the court, provincial court judge or justice shall order an entry of the committal to be endorsed on the release order or recognizance, as the case may be.
Discharge of sureties
(4) An endorsement under subsection (3) cancels the release order or recognizance, as the case may be, and discharges the sureties.
Render of accused in court by sureties
767 A surety for a person who is subject to a release order or recognizance may bring that person before the court where the person is required to appear or where the person entered into the recognizance at any time during the sittings of that court and before the person’s trial, and the surety may discharge their obligation under the release order or recognizance by giving that person into the custody of the court. The court shall then commit that person to prison until the person is discharged according to law.
Substitution of surety
767.‍1 (1) If a surety for a person who is subject to a release order or recognizance has given the person into the custody of a court under section 767, or a surety applies to be relieved of their obligation under the release order or recognizance under subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the release order or recognizance.
Signing of release order or recognizance by new sureties
(2) If a person substituted for a surety under a release order or recognizance under subsection (1) signs the release order or recognizance, the original surety is discharged, but the release order or recognizance is not otherwise affected.
Rights of surety preserved
768 Nothing in this Part limits any right that a surety has of taking and giving into custody any person for whom they are a surety under a release order or recognizance.
R.‍S.‍, c. 27 (1st Supp.‍), s. 168; 1994, c. 44, s. 78; 1997, c. 18, s. 108(1) and (2)‍(F); 1999, c. 5, s. 43
314 Sections 770 and 771 of the Act are replaced by the following:
Default to be endorsed
770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or recognizance a certificate in Form 33 setting out
(a) the nature of the default;
(b) the reason for the default, if it is known;
(c) whether the ends of justice have been defeated or delayed by reason of the default; and
(d) the names and addresses of the principal and sureties.
Transmission to clerk of court
(2) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.
Certificate is evidence
(3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.
Transmission of deposit
(4) If, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of an undertaking, release order or recognizance, that money must be sent to the clerk of the court with the defaulted undertaking, release order or recognizance, to be dealt with in accordance with this Part.
Proceedings in case of default
771 (1) If an undertaking, release order or recognizance has been endorsed with a certificate and has been received by the clerk of the court,
(a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on the Attorney General’s or counsel’s behalf, as the case may be, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) the clerk of the court shall, not less than 10 days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety, at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Order of judge
(2) If subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Judgment debtors of the Crown
(3) If a judge orders forfeiture of the amount set out in the undertaking, release order or recognizance, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
Order may be filed
(3.‍1) An order made under subsection (2) may be filed with the clerk of the superior court and if one is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
Transfer of deposit
(4) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri faciasmay be issued, but the amount of the deposit must be transferred by the person who has custody of it to the person who is entitled by law to receive it.
R.‍S.‍, c. 27 (2nd Supp.‍), s. 10 (Sch.‍, subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
315 (1) The reference to “a recognizance” in column II of the schedule to Part XXV of the Act, opposite “Ontario” and “British Columbia” in column I, is replaced by a reference to “an undertaking, release order or recognizance”.
R.‍S.‍, c. 27 (2nd Supp.‍), s. 10 (Sch.‍, subitem 6(15)); 1992, c. 1, s. 58(1) (Sch. I, s. 15), c. 51, ss. 40 and 41; 1998, c. 30, par. 14(d); 1999, c. 3, s. 54, c. 5, s. 44; 2002, c. 7, s. 148; 2015, c. 3, ss. 57 to 59
(2) The reference to “recognizances” in column II of the schedule to Part XXV of the Act, opposite “Ontario” in column I, is replaced by a reference to “undertakings, release orders or recognizances”.
316 Subsection 779(2) of the Act is replaced by the following:
Provisions of Part XXV
(2) The provisions of Part XXV relating to forfeiture of an amount set out in a recognizance apply to a recognizance entered into under this section.
2013, c. 11, s. 4
317 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(1.‍1), (3) or (5) or section 738,739,742.‍1 or 742.‍3,
1997, c. 18, s. 110
318 Subsection 786(2) of the Act is replaced by the following:
Limitation
(2) No proceedings shall be instituted more than 12 months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
R.‍S.‍, c. 27 (1st Supp.‍), s. 171(2); 2008, c. 18, s. 44
319 Section 787 of the Act is replaced by the following:
General penalty
787 (1) Unless otherwise provided by law, every person who is convicted of an offence punishable on summary conviction is liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both.
Imprisonment in default if not otherwise specified
(2) If the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term of not more than two years less a day.
1997, c. 18, s. 111
320 Subsection 800(2.‍1) of the Act is replaced by the following:
Video links
(2.‍1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.
1994, c. 44, s. 80(1)
321 (1) Subsection 806(1) of the Act is replaced by the following:
Memo of conviction or order
806 (1) If a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order must be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order must be drawn up and the certified copy must be delivered to the person making the request.
(2) Subsection 806(2) of the French version of the Act is replaced by the following:
Mandat de dépôt
(2) Lorsqu’un défendeur est déclaré coupable ou qu’une ordonnance est rendue contre lui, un mandat de dépôt selon la formule 21 ou 22est délivré par la cour des poursuites sommaires, et l’article 528 s’applique à l’égard de ce mandat de dépôt.
1994, c. 44, s. 80(2)
(3) Subsection 806(3) of the Act is replaced by the following:
Admissibility of certified copy
(3) If a warrant of committal in Form 21 is signed by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
2014, c. 31, s. 25
322 (1) Paragraph 810(1)‍(a) of the Act is replaced by the following:
(a) will cause personal injury to them or to their intimate partner or child or will damage their property; or
1995, c. 39, s. 157
(2) Subsection 810(3.‍1) of the French version of the Act is replaced by the following:
Condition
(3.‍1) Le juge de paix ou la cour des poursuites sommaires qui rend une ordonnance en vertu du paragraphe (3), doit, s’il en arrive à la conclusion qu’il est souhaitable pour la sécurité du défendeur ou celle d’autrui de lui interdire d’avoir en sa possession des armes à feu, arbalètes, armes prohibées, armes à autorisation restreinte, dispositifs prohibés, munitions, munitions prohibées et substances explosives, ou l’un ou plusieurs de ces objets, ajouter comme condition à l’engagement de n’avoir aucun des objets visés en sa possession pour la période indiquée dans celui-ci.
1995, c. 39, s. 157
(3) Subsection 810(3.‍12) of the French version of the Act is replaced by the following:
Motifs
(3.‍12) Le juge de paix ou la cour des poursuites sommaires qui n’assortit pas l’ordonnance de la condition prévue au paragraphe (3.‍1) est tenu de donner ses motifs, qui sont consignés au dossier de l’instance.
1994, c. 44, s. 81(3); 2000, c. 12, par. 95(g); 2011, c. 7, s. 7(2)
(4) Subsections 810(3.‍2) and (4) of the Act are replaced by the following:
Supplementary conditions
(3.‍2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s intimate partner or child, as the case may be, to add either or both of the following conditions to the recognizance,
(a) a condition prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be, is regularly found; or
(b) a condition prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s intimate partner or child, as the case may be.
Form — warrant of committal
(4) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form23.
2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j); 2012, c. 1, s. 37(1); 2014, c. 25, s. 31
323 Subsection 810.‍1(1) of the Act is replaced by the following:
Where fear of sexual offence
810.‍1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.‍1,170,171,171.‍1,172.‍1 or 172.‍2, subsection 173(2), section 271,272,273 or 279.‍011, subsection 279.‍02(2) or 279.‍03(2), section 280 or 281 or subsection286.‍1(2), 286.‍2(2) or 286.‍3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
2015, c. 20, s. 26
324 Section 810.‍21 of the Act is replaced by the following:
Audioconference or videoconference
810.‍21 (1) If a defendant is required to appear under any of sections 83.‍3 and 810 to 810.‍2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by audioconference or videoconference.
Application
(2) Despite section 769, sections 714.‍1 to 714.‍8 and Part XXII.‍01 apply, with any necessary modifications, to proceedings under this section.
2015, c. 23, s. 19
325 Paragraph 811(b) of the Act is replaced by the following:
(b) an offence punishable on summary conviction.
R.‍S.‍, c. 27 (1st Supp.‍), s. 181(E)
326 Section 816 of the Act is replaced by the following:
Release order — appellant
816 (1) A person who was the defendant in proceedings before a summary conviction court and who is an appellant under section 813 shall, if they are in custody, remain in custody unless the appeal court at which the appeal is to be heard makes a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include the condition that the person surrender themselves into custody in accordance with the order.
Release of appellant
(1.‍1) The person having the custody of the appellant shall, if the appellant complies with the order, immediately release the appellant.
Applicable provisions
(2) Sections 495.‍1,512.‍3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.
327 (1) Subsections 817(1) and (2) of the Act are replaced by the following:
Recognizance of prosecutor
817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, immediately after filing the notice of appeal and proof of service of the notice in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor enter into a recognizance, with or without sureties, in the amount that the justice directs and with or without the deposit of money or other valuable security that the justice directs.
Condition
(2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
(2) Subsection 817(4) of the Act is repealed.
328 Paragraph 825(a) of the Act is replaced by the following:
(a) the appellant has failed to comply with the conditions of a release order made under section 816 or of a recognizance entered into under section817; or
329 Subsection 828(3) of the Act is replaced by the following:
Duty of clerk of court
(3) When a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating to that conviction or order, except the notice of intention to appeal and any undertaking or release order.
R.‍S.‍, c. 27 (1st Supp.‍), s. 182
330 Subsection 832(1) of the Act is replaced by the following:
Release order or recognizance
832 (1) If a notice of appeal is filed under section 830, the appeal court may, if the defendant is the appellant, make a release order as provided in section 816 or, in any other case, order that the appellant appear before a justice and enter into a recognizance as provided in section 817.
331 (1) Item 8 of the schedule to Part XXVII of the Act is amended by replacing “recognizance” with “undertaking, release order or recognizance”.
(2) Item 17 of the schedule to Part XXVII of the Act is amended by replacing “take recognizance of bail” with “make a release order or take a recognizance”.
2002, c. 13, s. 84
332 Section 848 of the Act is repealed.
2007, c. 22, s. 23
333 The portion of Form 5.‍03 of Part XXVIII of the Act after the paragraph that begins with “Therefore” and ends with “officer.‍” is replaced by the following:
This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:
Dated (date) , at  (place).
(Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32
334 (1) The two paragraphs after subparagraph (b)‍(v) of Form 5.‍04 of Part XXVIII of the Act are replaced by the following:
Whereas the offender’s criminal record, the nature of the offence, the circumstances surrounding its commission, whether the offender was previously found not criminally responsible on account of mental disorder for a designated offence, and the impact that this order would have on the offender’s privacy and security of the person have been considered by the court;
And whereas the court is satisfied that it is in the best interests of the administration of justice to make this order;
2007, c. 22, s. 23; 2012, c. 1, s. 38; 2014, c. 25, s. 32
(2) The portion of Form 5.‍04 of Part XXVIII of the Act after the paragraph that begins with “Therefore” and ends with “officer.‍” is replaced by the following:
This order is subject to the following terms and conditions that the court considers advisable to ensure that the taking of the samples is reasonable in the circumstances:
Dated (date) , at  (place).
(Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23
335 (1) The paragraph of Form 5.‍041 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “analysis;” is replaced by the following:
This is therefore to order you, in Her Majesty’s name, to appear on  (date)  , at  (hour), at ( place), for the purpose of the taking of bodily substances by means of the investigative procedures set out in subsection 487.‍06(1) of the Criminal Code.
2007, c. 22, s. 23
(2) The portion of Form 5.‍041 of Part XXVIII of the Act after subsection 487.‍0552(1) set out in that Form is replaced by the following:
Dated (date) , at  (place).
(Signature of judge of the court or clerk of the court)
2007, c. 22, s. 23
336 The portion of Form 5.‍061 of Part XXVIII of the Act after subsection 487.‍0552(1) set out in that Form is replaced by the following:
Dated (date) , at  (place).
(Signature of judge of the court or clerk of the court)
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(4)
337 (1) The two paragraphs of Form 6 of Part XXVIII of the Act after the paragraph that begins with “To A.‍B.‍” and ends with “(occupation):” are replaced by the following:
Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);
Therefore, you are ordered, in Her Majesty’s name:
(a) to attend court on  (date)   , at  (hour), at (place)  or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law; and
(b) to appear on  (date) , at   (hour), at (place) , for the purposes of the Identification of Criminals Act. (Ignore if not filled in).
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(4)
(2) The portion of Form 6 of Part XXVIII of the Act after section 510 set out in that Form is replaced by the following:
Dated (date) , at  (place).
(Signature of judge, justice or clerk of the court)
(3) Form 6 of Part XXVIII of the Act is replaced by the following:
FORM 6 
(Section 2)
SUMMONS TO A PERSON CHARGED WITH AN OFFENCE
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
(territorial division).
To (name of person), of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, born on (date of birth):
Because you have this day been charged with (set out briefly the offence in respect of which the accused is charged);
Therefore, you are ordered, in Her Majesty’s name:
(a) to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act (Ignore, if not filled in); and
(b) to attend court on (date), at (hour), at (place), or before any justice for the (territorial division) who is there, and to attend court at any time after as required by the court, in order to be dealt with according to law.
You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this summons.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (Section 512 or 512.‍2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (Subsection 524(4) of the Criminal Code).
Signed on (date), at (place).
(Signature of judge, justice, clerk of the court or chairperson of the Review Board)
(Name of the judge, justice or chairperson)
1999, c. 5, s. 46
338 Form 7 of Part XXVIII of the Act is replaced by the following:
FORM 7 
(Sections 475,493,597,800 and 803)
WARRANT FOR ARREST
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
To the peace officers in the (territorial division):
This warrant is issued for the arrest of (name of person), of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, born on (date of birth), referred to in this warrant as the accused.
Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);
And because(check those that are applicable):
□ (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];
□ (b) the accused failed to attend court in accordance with the summons served on the accused [512(2)];
□ (c) (an appearance notice orundertaking) was confirmed and the accused failed to attend court in accordance with it [512(2)];
□ (d) it appears that a summons cannot be served because the accused is evading service [512(2)];
□ (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];
□ (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (summons or appearance notice or undertaking orrelease order) on which the accused was released [512.‍3];
□ (g) there are reasonable grounds to believe that the accused has committed an indictable offence since their release from custody on (summons or appearance notice or undertaking orrelease order) [512.‍3];
□ (h) the accused was required by (appearance notice orundertakingor summons) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act and did not appear at that time and place [512.‍1,512.‍2];
□ (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for their trial [597];
□ (j) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
Therefore, you are ordered, in Her Majesty’s name, to immediately arrest the accused and to bring them before (state court, judge or justice), to be dealt with according to law.
□ (Check if applicable) Because there are reasonable grounds to believe that the accused is or will be present in (specify dwelling-house), this warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested is present in the dwelling-house.
Signed on (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Name of the judge, provincial court judge or justice who has issued this warrant)
R.‍S.‍, c. 27 (1st Supp.‍), ss. 184(19)‍(E) and 203
339 (1) The portion of Form 8 of Part XXVIII of the Act that begins with “I do hereby command” and ends with “Provincial Court Judge or Justice” is replaced by the following:
You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.
Dated (date) , at  (place).
(Signature of judge, justice or clerk of the court)
(2) Form 8 of Part XXVIII of the Act is replaced by the following:
FORM 8 
(Sections 493 and 515)
WARRANT FOR COMMITTAL
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍:
This warrant is issued for the committal of (name of person), of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, born on (date of birth), referred to in this warrant as the accused.
Because the accused has been charged with (set out briefly the offence in respect of which the accused is charged);
And because (check those that are applicable):
□ (a) the prosecutor has shown cause why the detention of the accused in custody is justified [515(5)];
□ (b) a release order has been issued but the accused has not yet complied with the conditions of the order [519(1), 520(9), 521(10), 524(8), 525(6)];*
□ (c) the application by the prosecutor for a review of the release order has been allowed and that release order has been vacated, and the prosecutor has shown cause why the detention of the accused in custody is justified [521];
□ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.‍1(3), 524(3) and (4)];
□ (e) there are reasonable grounds to believe that the accused has committed an indictable offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];
□ (f) (if none of the above applies, reproduce the provisions of the statute that authorize this warrant).
Therefore, you are ordered, in Her Majesty’s name, to arrest the accused and convey them safely to the (prison) at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, and there deliver them to its keeper, with the following order:
You are ordered to receive the accused in your custody in this prison and keep them safely there until they are delivered by due course of law.
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of the judge or justice who has issued this warrant)
* If the person having custody of the accused is authorized under paragraph 519(1)‍(b) of the Criminal Code to release the accused if they comply with a release order, endorse the authorization on this warrant and attach a copy of the order.
1997, c. 18, s. 115; 1999, c. 25, ss. 24 and 26; 2002, c. 13, s. 86(F); 2008, c. 18, s. 45.‍1
340 Forms 9 to 14 of Part XXVIII of the Act are replaced by the following:
FORM 9 
(Section 2)
APPEARANCE NOTICE
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
(territorial division)
1 Identification
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of Birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
2 Contact Information
.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
3 Alleged Offence
You are alleged to have committed (set out briefly the substance of the offence,including any failure referred to in section 496, that the accused is alleged to have committed ).
□ (Check if applicable) No new charges are being laid against you at this time but you are required to appear at a judicial referral hearing under section 523.‍1 for a failure under section 496.
4 Conditions
You must attend court as indicated below, and afterwards as required by the court:
Date: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Time: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Court number: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Court address: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
5 Appearance for the purposes of the Identification of Criminals Act (if applicable)
□ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.
6 Consequence for non-compliance
You are warned that,
(a) in the case where charges have been laid against you, unless you have a lawful excuse, you commit an offence under subsection 145(3) of the Criminal Code if you fail to appear for the purposes of the Identification of Criminals Act or to attend court, as required in this appearance notice;
(b) in the case where no charges have been laid against you and you fail to appear at a judicial referral hearing under section 523.‍1, as required in this appearance notice, charges may be laid against you for the alleged offence described in item 3 of this notice.
If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.‍2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
It is not a lawful excuse to an offence under subsection 145(3) of the Criminal Code that this appearance notice does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).
If you do not comply with this appearance notice or are charged with committing an indictable offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
7 Signatures
ACCUSED:
I understand the contents of this appearance notice and agree to comply with it.
Signed on (date), at (place).
(Signature of accused)
PEACE OFFICER:
Signed on (date), at (place).
(Signature of peace officer)
(Name of the peace officer)
FORM 10 
(Section 2)
UNDERTAKING
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
(territorial division).
1 Identification
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of Birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
2 Contact Information
.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
3 Charge(s)
(set out briefly the offence in respect of which the accused was charged)
4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court:
Date: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Time: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Court number: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Court address: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
5 Additional Conditions
You must also comply with any conditions that are indicated below by a check mark (check only those that are reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence):
□ (a) You must report to (name or title) at (place) on (date or dates).
□ (b) You must remain within the following territorial jurisdiction: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ (c) You must notify (name, title and phone number) of any change of your (address, employment or occupation).
□ (d) You must not communicate, directly or indirectly, with .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, except in accordance with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ (e) You must not go to (places which are related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ (f) You must not enter the areas (describe in detail the boundaries of the areas related to the person(s) mentioned in the condition set out in paragraph (d)), except in accordance with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ (g) You must deposit all your passports with (name or title) at (place) before (date).
□ (h) You must reside at (place), be at that residence between (hour) and (hour), and present yourself at the entrance of that residence when a peace officer or (name and title of another person) requests you to do so within those hours.
□ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).
□ (j) You promise to pay the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (not more than $500), if you fail to comply with a condition of this undertaking.
□ (k) You must deposit money or other valuable security whose value is equal to the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (not more than $500) with (name or title), because you are not ordinarily resident in the province or do not reside within 200 km of the place in which you are in custody.
□ (l) You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
6 Appearance for the purposes of the Identification of Criminals Act
□ You are required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.
7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code.
8 Conditions in effect
The mandatory condition and the conditions indicated by a check mark on this undertaking remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
9 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
(a) to fail to attend court as required;
(b) to fail to appear as required for the purposes of the Identification of Criminals Act;
(c) to fail to remain in the territorial jurisdiction specified in section 5 of this undertaking (if applicable).
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.‍2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
It is not a lawful excuse to an offence under subsection 145(4) of the Criminal Code that this undertaking does not accurately describe the offence that you are alleged to have committed (subsection 145(6) of the Criminal Code).
If you do not comply with this undertaking or are charged with committing an indictable offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
If you do not comply with this undertaking, the funds or valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).
10 Signatures
ACCUSED:
I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions that are indicated by a check mark.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought to a justice for a bail hearing.
Signed on (date), at (place).
(Signature of accused)
PEACE OFFICER:
Signed on (date), at (place).
(Signature of peace officer)
(Name of the peace officer)
FORM 11 
(Section 2)
RELEASE ORDER
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
(territorial division).
1 Identification
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of Birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
2 Contact Information
.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
3 Charge(s)
(set out briefly the offence in respect of which the accused was charged)
4 Financial Obligations
□ You do not have any financial obligations under this release order.
or
In order for you to be released, the obligations that are indicated below by a check mark must be complied with.
□ You promise to pay the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. if you fail to comply with a condition of this release order.
□ You must deposit money in the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍or other valuable security whose value does not exceed .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. with the clerk of the court.
□ The surety (name), born on (date of birth), (promises to pay or deposits) to the court the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
5 Conditions
You must comply with the conditions that are indicated below by a check mark.
□ You must report to (name or title) at (place) on (date or dates).
□ You must remain within the territorial jurisdiction of (province or territory).
□ You must notify (name, title and phone number) of any change of your (address, employment or occupation).
□ You must not communicate, directly or indirectly, with (victims, witnesses or other persons), except in accordance with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ You must not go to (place) or enter (geographic area), except in accordance with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ You must deposit all your passports with (name or title) at (place) before (date).
□ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).
□ You must comply with the following conditions (conditions for ensuring the safety and security of any victim of or witness to the alleged offence): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
□ You must comply with the following conditions: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
6 Variation
The conditions of this release order may be varied with the written consent of the prosecutor, yourself and your sureties, if any. In addition, you or the prosecutor may apply to a judge to have any condition in this release order cancelled or changed.
7 Conditions in effect
The conditions indicated by a check mark on this release order (including any obligations imposed on your sureties) remain in effect until they are cancelled or changed or until you have been discharged, sentenced or otherwise detained by the court (sections 763 and 764 of the Criminal Code).
8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this release order, including if you fail to attend court as required.
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (sections 512 and 512.‍3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
If you do not comply with this release order or are charged with committing an indictable offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code).
If you do not comply with this release order, the money or other valuable security promised or deposited by you or your surety could be forfeited (subsection 771(2) of the Criminal Code).
9 Signatures
SURETY: (if applicable)
I understand my role and my responsibilities under this release order and I agree to act as a surety.
I agree to (promise or deposit) to the court the amount of money described in section 4 of this release order.
□ Surety Declaration is attached (section 515.‍1 of the Criminal Code).
□ Surety is excepted from providing Surety Declaration (subsection 515.‍1(2) of the Criminal Code).
Signed on (date), at (place).
(Signature of the surety)
ACCUSED:
I understand the contents of this form and agree to comply with the conditions that are indicated by a check mark.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be detained.
Signed on (date), at (place).
(Signature of accused)
JUDGE, JUSTICE OR CLERK OF THE COURT:
Signed on (date), at (place).
(Signature of judge, justice or clerk of the court)
(Name of judge or justice who has issued this order)
FORM 12 
(Section 515.‍1)
SURETY DECLARATION
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
1 Identification
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of Birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Home address: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Phone number(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (primary) .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.(other)
Other contact information (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Employment or occupation (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Name and contact information for employer (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
2 Information about the Accused
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of Birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Court file number: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
3 Other information required
Relationship to the accused: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
I am acting as a surety in respect of another accused.
□ Yes □ No
If yes, name and date of birth of any other accused: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
I have a criminal record or there are outstanding criminal charges against me.
□ Yes □ No
If yes, description of criminal record, if any, and all outstanding criminal charges, specifying offence and year of conviction: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
4 Charges against the Accused
I understand that the accused has been charged with (set out briefly the offence in respect of which the accused was charged).
5 Other Outstanding Charges against the Accused
□ I understand that the accused does not have any other outstanding criminal charges.
□ I understand that the accused has also been charged with (set out briefly the offence in respect of which the accused was charged), but this declaration does not apply to those charges.
6 Criminal Record of the Accused
□ I understand that the accused does not have a criminal record.
□ I understand that the accused has a criminal record, which is described below or a copy of which I have attached and initialled.
.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
7 Financial Promise or Deposit
As a surety for the accused, I am willing to (promise or deposit) to the court the amount of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
8 Acknowledgment
I understand that failure on the part of the accused to follow any of the conditions in their release order or recognizance could lead to the forfeiture of the amount of money that has been promised or deposited.
I understand that I may, at any time, ask to no longer be a surety by making an application, by bringing the accused to the court in order to be discharged from my obligation (section 767 of the Criminal Code) or by taking and giving the accused into custody (section 768 of the Criminal Code).
I voluntarily make this declaration and it is my free choice to take on the responsibilities of a surety.
9 Signature
Signed on (date), at (place).
(Signature of the surety)
Sworn before me on (date), at (place).
(Signature of the person who is authorized to take or receive statements made under oath, solemn declaration or solemn affirmation)
341 (1) The paragraph of Form 15 of Part XXVIII of the Act that begins with “And whereas” and ends with “charge;” is replaced by the following:
And whereas the deposition of X.‍Y. in respect of the charge has been taken by me (or if the signatory is not the justice, the justice);
(2) The portion of Form 15 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “division).‍” is replaced by the following:
Dated (date) , at  (place).
(Signature of justice or clerk of the court)
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
342 (1) The paragraph of Form 18 of Part XXVIII of the Act that begins with “And Whereas” and ends with “abscond);” is replaced by the following:
And whereas I am (or if the signatory is not the justice, the justice is) satisfied by information in writing and under oath that C.‍D.‍, of  , in this warrant called the witness, is bound by recognizance to give evidence on the trial of the accused on the charge, and that the witness (has absconded or is about to abscond);
R.‍S.‍, c. 27 (1st Supp.‍), s. 203
(2) The portion of Form 18 of Part XXVIII of the Act after the paragraph that begins with “This is” and ends with “Code.‍” is replaced by the following:
Dated (date) , at  (place).
(Signature of justice or clerk of the court)  
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(9)
343 The portion of Form 19 of Part XXVIII of the Act after the portion that begins with “Person” and ends with “Remanded to” is replaced by the following:
And you, the keeper of the prison, are directed to receive each of the persons into your custody in the prison and keep each person safely until the day when that person’s remand expires and then to have that person before me or any other justice (or if the signatory is not the justice, before any justice) on (date),  at  (hour), at  (place), there to answer to the charge and to be dealt with according to law, unless you are otherwise directed before that time.
Dated (date) , at  (place).
(Signature of justice of the peace or clerk of the court) 
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(19)‍(E)
344 Form 20 of Part XXVIII of the Act is replaced by the following:
FORM 20 
(Section 545)
WARRANT OF COMMITTAL OF WITNESS FOR REFUSING TO BE SWORN OR TO GIVE EVIDENCE
Canada,
Province of  ,
(territorial division).
To the peace officers in the (territorial division):
Whereas A.‍B. of  , in this warrant called the accused, has been charged that (set out offence as in the information);
And whereas E.‍F. of  , in this warrant called the witness, attending before me (or if the signatory is not the justice, before the justice) to give evidence for (the prosecution or the defence) concerning the charge against the accused (refused to be sworn or being duly sworn as a witness refused to answer certain questions concerning the charge that were put to them or refused or failed to produce the following writings, namely  or refused to sign their deposition) having been ordered to do so, without offering any just excuse for that refusal or failure;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take the witness and convey them safely to the prison at  , and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and safely keep them there for the term of   days, unless they sooner consent to do what was required of them, and for so doing this is a sufficient warrant.
Dated (date) , at  (place).
(Signature of justice or clerk of the court) 
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(19)‍(E)
345 The portion of Form 22 of Part XXVIII of the Act after the paragraph that begins with “Whereas” and ends with “of ;” is replaced by the following:
You are directed, in Her Majesty’s name, to arrest, if necessary, and take the defendant and convey them safely to the (prison) at  , and deliver them to the keeper of the prison, together with the following precept:
You, the keeper of the prison, are directed to receive the defendant into your custody in this prison and keep them safely there for the term of  , unless the amounts and the costs and charges of the committal and of conveying the defendant to the prison are sooner paid, and for so doing this is a sufficient warrant.
Dated (date) , at  (place).
(Signature of provincial court judge, justice or clerk of the court)  
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(19)‍(E)
346 Form 24 of Part XXVIII of the Act is replaced by the following:
FORM 24 
(Section 550)
WARRANT OF COMMITTAL OF WITNESS FOR FAILURE TO ENTER INTO RECOGNIZANCE
Canada,
Province of  ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at  :
Whereas A.‍B.‍, in this warrant called the accused, was committed for trial on a charge that (state offence as in the information);
And whereas E.‍F.‍, in this warrant called the witness, having appeared as a witness on the preliminary inquiry into the charge, and being required to enter into a recognizance to appear as a witness on the trial of the accused on the charge, has (failed or refused) to do so;
This is therefore to direct you, in Her Majesty’s name, to arrest, if necessary, and take and safely convey the witness to the (prison) at   and there deliver them to the keeper of it, together with the following precept:
You, the keeper, are directed to receive the witness into your custody in the prison and keep them there safely until the trial of the accused on the charge, unless before that time the witness enters into the recognizance.
Dated (date) , at  (place).
(Signature of justice or clerk of the court)  
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(19)‍(E) 
347 (1) Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25 
(Section 708)
WARRANT OF COMMITTAL FOR CONTEMPT
Canada,
Province of  ,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place) :
Because E.‍F. of  .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, in this warrant called the defaulter, was on (date) , at   (place), convicted before  .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. for contempt because the defaulter did not attend before .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.  to give evidence on the trial of a charge that (state offence as in the information) against A.‍B. of  .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, although (duly subpoenaed or bound by recognizance to appear and give evidence in that regard, as the case may be) and did not show any sufficient excuse for the default;
And because, following the conviction it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid; (delete if not applicable)
Therefore, you are ordered, in Her Majesty’s name, to arrest, if necessary, and take the defaulter and convey them safely to the prison at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.  and there deliver them to its keeper, together with the following order:
You, the keeper, are ordered to receive the defaulter into your custody in this prison and keep them safely there* and for so doing this is a sufficient warrant.
* Insert whichever of the following is applicable:
(a) for the term of  ;
(b) for the term of   , unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid;
(c) for the term of   and for the term of (if consecutive so state) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are sooner paid.
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
(2) Form 25 of Part XXVIII of the Act is replaced by the following:
FORM 25 
(Section 708)
WARRANT OF COMMITTAL FOR CONTEMPT
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
To the peace officers in the (territorial division) and to the keeper of the (prison) at (place).
This warrant of committal is issued for the arrest of (name of person), of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, born on (date of birth), referred to in this warrant as the defaulter.
Because the defaulter was convicted on (date) at (place) before .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. for contempt because the defaulter did not attend before .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. to give evidence on the trial of a charge that (state offence as in the information) against (name of accused), of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, although (duly subpoenaed or bound by an undertaking, release order or recognizance to appear and give evidence, as the case may be) and because the defaulter did not show any sufficient excuse for the default;
And because, following the conviction, it was ordered that the defaulter (set out the punishment imposed);
And because the defaulter has not paid the amounts ordered to be paid (delete if not applicable);
Therefore, you are ordered, in Her Majesty’s name, to arrest the defaulter and convey them safely to the (prison) at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. and deliver them to its keeper, with the following order:
You, the keeper, are ordered to receive the defaulter in your custody in this prison and keep them safely there* until they are delivered by due course of law.
*Insert whichever of the following is applicable:
(a) for the term of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍;
(b) for the term of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are paid sooner;
(c) for the term of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. and for the term of (stateif consecutive) unless the sums and the costs and charges of the committal and of conveying the defaulter to the prison are paid sooner.
Dated (date), at (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Name of judge, provincial court judge or justice who has issued this warrant of committal)
(Seal, if required)
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(11)‍(E)
348 (1) The portion of Form 27 of Part XXVIII of the Act after the paragraph that begins with “You are” and ends with “precept:” is replaced by the following:
You, the keeper, are ordered to receive the defaulters into your custody in this prison and keep them safely there for a period of  .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. or until satisfaction is made of a judgment debt of  .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. dollars due to Her Majesty the Queen in respect of the forfeiture of a recognizance entered into by .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.  on (date) .
Dated (date) , at  (place).
(Signature of judge of the court or clerk of the court)
(Seal, if required)
(2) Form 27 of Part XXVIII of the Act is replaced by the following:
FORM 27 
(Section 773)
WARRANT OF COMMITTAL ON FORFEITURE OF AMOUNTS
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
To the sheriff of (territorial division) and to the keeper of the (prison) at (place).
This warrant of committal is issued for the arrest of (name of person or persons), referred to in this warrant as the defaulter or defaulters, as the case may be.
You are ordered to arrest the defaulter or defaulters and convey them safely to the (prison) at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, and deliver them to its keeper, with the following order:
You, the keeper, are ordered to receive the defaulter or defaulters into your custody in this prison and keep them safely there for a period of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. or until satisfaction is made of a judgment debt of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, due to Her Majesty the Queen in respect of the forfeiture of an amount set out in (an undertaking entered into or a release order issued or a recognizance entered into) on (date).
Dated (date), at (place).
(Signature of judge of the court or clerk of the court)
(Name of judge who has issued this warrant of committal)
(Seal, if required)
R.‍S.‍, c. 27 (1st Supp.‍), s. 184(12)
349 Form 28 of Part XXVIII of the Act is replaced by the following:
FORM 28 
(Section 528)
ENDORSEMENT OF WARRANT
Canada,
Province of  ,
(territorial division).
In accordance with the application this day made to me, I authorize the arrest of the accused (or defendant), within the (territorial division).
Dated (date) , at  (place).  
( Signature of justice) 
350 Form 30 of Part XXVIII of the Act is replaced by the following:
FORM 30 
(Section 537)
ORDER FOR ACCUSED TO BE BROUGHT BEFORE JUSTICE PRIOR TO EXPIRATION OF PERIOD OF REMAND
Canada,
Province of  ,
(territorial division).
To the keeper of the (prison) at  :
Whereas by warrant dated (date), A.‍B.‍, in this order called the accused, was committed to your custody and you were required to keep them safely until the (date)  , and then to have them before me or any other justice (or if the signatory is not the justice, any justice) at (place)  at   (hour) to answer to the charge against the accused and to be dealt with according to law unless you should be ordered otherwise before that time;
Now, therefore, you aredirected to have the accused before   at (place)  at   (hour) to answer to the charge against them and so they may be dealt with according to law.
Dated (date) , at  (place).
(Signature of justice or clerk of the court )
R.‍S.‍, c. 27 (1st Supp.‍), par. 101(2)‍(e)‍(E) and ss. 184(13) and 203; R.‍S.‍, c. 42 (4th Supp.‍), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
351 (1) The portion of Form 32 of Part XXVIII of the Act after the reference to “(territorial division).‍” and before the number 1 is replaced by the following:
Be it remembered that on this day the persons named in the following schedule personally came before me (or if the signatory is the clerk of the court, before the judge, provincial court judge or justice, as the case may be) and severally acknowledged themselves to owe to Her Majesty the Queen the several amounts set opposite their respective names, namely,
Name
Address
Occupation
Amount
A.‍B
C.‍D
E.‍F
to be made and levied of their several goods and chattels, lands and tenements, respectively, to the use of Her Majesty the Queen, if A.‍B. fails in any of the conditions set out below.
Taken and acknowledged before me (or if the signatory is the clerk of the court, the judge, provincial court judge or justice, as the case may be) on (date) , at  (place).
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
R.‍S.‍, c. 27 (1st Supp.‍), par. 101(2)‍(e)‍(E) and ss. 184(13) and 203; R.‍S.‍, c. 42 (4th Supp.‍), s. 7; 1993, c. 45, ss. 13 and 14; 1999, c. 25, s. 27
(2) Paragraphs (d) and (e) of Form 32 of Part XXVIII of the Act after the heading “Schedule of Conditions” are replaced by the following:
(d) abstains from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the judge, provincial court judge or justice specifies);
(e) deposits their passport (as the judge, provincial court judge or justice directs); and
(3) Form 32 of Part XXVIII of the Act is replaced by the following:
FORM 32 
(Sections 2,462.‍34,490.‍9,550,683,779,810,810.‍01,810.‍1,810.‍2,817 and 832)
RECOGNIZANCE
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
(territorial division)
1 Identification
Surname: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. Given name(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Date of birth: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Home address: .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Phone number(s): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.(primary).‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (other)
Other contact information (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Employment or Occupation (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
Name and contact information of employer (if any): .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
2 Financial Promise or Deposit
Pursuant to .‍.‍.‍. (provision) of the Criminal Code, I agree to (promise or deposit) the amount of $ .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, or the other valuable security described here:.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
I understand that if I fail to comply with any of the conditions listed below, this amount or security may be forfeited.
3 Conditions
(List the conditions that have been ordered by the court and indicate the duration for which each condition remains in effect.)
.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
4 Variation
I understand that I may apply to a judge or a justice of the peace to have any condition in this form cancelled or varied.
5 Signatures
PERSON WHO IS GIVING RECOGNIZANCE:
I understand the contents of this form and agree to comply with the conditions that are listed above.
Signed on .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (date), at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.(place).
(Signature of the person)
(Print name)
SURETY (if applicable):
I understand my role and my responsibilities under this recognizance and I agree to act as a surety.
I agree to (promise or deposit) as security to the court the amount of $.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.
I understand that if the person who is giving this recognizance fails to comply with any of the conditions in this recognizance, the money that I have promised or deposited may be forfeited.
Surety Declaration (if applicable)
□ Surety Declaration attached. (Section 515.‍1 of the Criminal Code.‍)
□ Surety excepted from providing Surety Declaration. (Subsection 515.‍1(2) of the Criminal Code.‍)
Signed on .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (date), at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.(place).
(Signature of the Surety)
(Print name)
JUDGE, PROVINCIAL COURT JUDGE, JUSTICE OR CLERK OF THE COURT:
Signed on .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (date), at .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.(place).
(Signature of the judge, provincial court judge, justice or clerk of the court)
(Print name)
List of Conditions
(a) has a surety (sections 462.‍34,490.‍9,550,779,810,817 and 832 of the Criminal Code);
(b) agrees to keep the peace and be of good behaviour (sections 83.‍3,810,810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.‍3,810,810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(d) participates in a treatment program (sections 810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(e) wears an electronic monitoring device (if the Attorney General makes the request) (sections 810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.‍01 and 810.‍2 of the Criminal Code);
(g) returns to and remains at their place of residence at specified times (sections 810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.‍01,810.‍1 and 810.‍2 of the Criminal Code);
(j) abstains from any contact — including communicating by any means — with a person under the age of 16 years, unless doing so under the supervision of a person whom the judge considers appropriate (section 810.‍1 of the Criminal Code);
(k) abstains from using the Internet or other digital network, unless doing so in accordance with conditions set by the judge (section 810.‍1 of the Criminal Code);
(l) abstains from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground (section 810.‍1 of the Criminal Code);
(m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);
(n) appears in court as required (section 550 of the Criminal Code);
(o) in the case where a warrant was issued under section 462.‍32 of the Criminal Code or a restraint order was made under subsection 462.‍33(3) of that Act in relation to any property (set out a description of the property and its location), refrains from doing or causing anything to be done that would result, directly or indirectly, in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under section 462.‍37 or 462.‍38 of that Act or any other provision of that Act or any other Act of Parliament (section 462.‍34 of the Criminal Code);
(p) agrees to prosecute the writ of certiorari at their own expense, without wilful delay, and, if ordered, to pay to the person in whose favour the conviction, order or other proceeding is affirmed their full costs and charges to be taxed according to the practice of the court where the conviction, order or proceeding is affirmed (section 779 of the Criminal Code);
(q) any other reasonable conditions, including:
– reports at specified times to peace officer or other person designated;
– remains within designated territorial jurisdiction;
– notifies peace officer or other person designated of any change in their address, employment or occupation;
– abstains from communicating, directly or indirectly, with victim, witness or other specified person except in accordance with conditions specified by judge, provincial court judge or justice; and
– deposits all their passports as the judge, provincial court judge or justice directs.
1994, c. 44, s. 84
352 (1) The paragraph of Form 33 of Part XXVIII of the Act after the heading of the Form is replaced by the following:
It is certified that A.‍B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that, as a result, the ends of justice have been (defeated or delayed, as the case may be).
1994, c. 44, s. 84
(2) The portion of Form 33 of Part XXVIII of the Act after the paragraph that begins with “The names” and ends with “as follows:” is replaced by the following:
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)
(Seal, if required)
(3) Form 33 of Part XXVIII of the Act is replaced by the following:
FORM 33 
(Section 770)
CERTIFICATE OF DEFAULT TO BE ENDORSED
It is certified that A.‍B. (has not appeared as required by this undertaking, release order or recognizance or has not complied with a condition of this undertaking, release order or recognizance) and that for this reason the ends of justice have been (defeated or delayed, as the case may be).
The nature of the default is .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. and the reason for the default is .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍. (state reason if known).
The names and addresses of the principal and sureties are as follows:
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice, clerk of the court, peace officer or other person)
(Seal, if required)
353 (1) Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38 
(Section 708)
CONVICTION FOR CONTEMPT
Canada,
Province of  ,
(territorial division).
Be it remembered that on (date) , at  (place) in the (territorial division), E.‍F. of  , in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code ).
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
(Seal, if required)
(2) Form 38 of Part XXVIII of the Act is replaced by the following:
FORM 38 
(Section 708)
CONVICTION FOR CONTEMPT
Canada,
Province of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍,
(territorial division).
Be it remembered that on (date) , at  (place) in the (territorial division), E.‍F. of .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, in this conviction called the defaulter, is convicted for contempt in that they did not attend before (set out court or justice) to give evidence on the trial of a charge that (state fully offence with which accused was charged), although (duly subpoenaed or bound by an undertaking, release order or recognizance to attend to give evidence, as the case may be) and has not shown any sufficient excuse for their default;
The defaulter is therefore convicted for their default, (set out punishment as authorized and determined in accordance with section 708 of theCriminal Code ).
Dated (date) , at  (place).
Signature of judge,provincial court judge,justice or clerk of the court
(Seal, if required)
354 Form 39 of Part XXVIII of the Act is replaced by the following:
FORM 39 
(Sections 519 and 550)
ORDER FOR DISCHARGE OF A PERSON IN CUSTODY
Canada,
Province of  ,
(territorial division).
To the keeper of the (prison) at  :
You are directed to release E.‍F.‍, detained by you under a (warrant of committal or order) dated (date) , if E.‍F. is detained by you for no other cause.
(Signature of judge, justice or clerk of the court)
(Seal, if required)
2005, c. 22, s. 40
355 (1) The portion of Form 48 of Part XXVIII of the Act after the reference to “(territorial division)” and before the first brackets “[ ]” is replaced by the following:
Whereas I have (or if the signatory is the clerk of the court, the judge or justice has) reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with  , may be necessary to determine *
2005, c. 22, s. 40
(2) The paragraph of Form 48 of Part XXVIII of the Act that begins with “I hereby order” and ends with “days.‍” is replaced by the following:
An assessment of the mental condition of (name of accused) is ordered to be conducted by/at (name of person or service by which or place where assessment is to be made) for a period of   days.
2005, c. 22, s. 40
(3) The portion of Form 48 of Part XXVIII of the Act after the reference to “* Check applicable option.‍” is replaced by the following:
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice or clerk of the court)
1991, c. 43, s. 8
356 (1) The paragraph of Form 49 of Part XXVIII of the English version of the Act that begins with “I do” and ends with “of law” is replaced by the following:
You, the keeper (administrator, warden), are therefore directed to receive the accused in your custody in the (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.
1991, c. 43, s. 8
(2) The portion of Form 49 of Part XXVIII of the Act after the reference to “* Check applicable option.‍” is replaced by the following:
Dated (date) , at  (place).
(Signature of judge, provincial court judge, justice, clerk of the court or chairperson of the review board)
Transitional Provisions
Promise to appear
357 A person who is bound by a promise to appear given under the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an appearance notice as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Undertaking given to peace officer or officer in charge
358 A person who is bound by an undertaking given under section 499 or subsection 503(2.‍1) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Recognizance entered into before peace officer or officer in charge
359 A person who is bound by a recognizance entered into under section 498 or 499 or subsection 503(2) of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by an undertaking as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Undertaking given to judge or justice
360 A person who is bound by an undertaking given under subsection 503(3.‍1) or section 515,522,524,525,597,679,683,816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Recognizance entered into before judge or justice
361 A person who is bound by a recognizance entered into under section 83.‍29 or subsection 503(3.‍1) or section 515,522,524,525,679,683,816 or 832 of the Criminal Code before the day on which subsection 1(3) of this Act comes into force is deemed, on and after that day, to be bound by a release order as defined in section 2 of the Criminal Code, as amended by subsection 1(3) of this Act.
Right to re-elect
362 Any person accused of an offence before the day on which section 256 of this Act comes into force and who finds themselves in one of the cases described in subparagraph 561(1)‍(b)‍(i) or subsection 561(2) or 561.‍1(2) of the Criminal Code, as enacted by this Act, may, if they have not already done so and despite those provisions, elect another mode of trial not later than 15 days before the day first appointed for the trial and they may do so after that time with the written consent of the prosecutor.
Limitation period for summary offences
363 For any offence punishable on summary conviction committed before the coming into force of section 318, no proceedings shall be instituted more than six months after the time when the subject matter of the proceedings arose, unless the prosecutor and the defendant so agree.
2002, c. 1
Youth Criminal Justice Act
Amendments to the Act
364 The Youth Criminal Justice Act is amended by adding the following after section 4:
Certain offences — extrajudicial measures deemed adequate
4.‍1 (1) Extrajudicial measures are deemed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless
(a) the young person has a history of repetitive failures or refusals; or
(b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.
Certain offences — various measures
(2) In the cases referred to in paragraphs (1)‍(a) and (b),
(a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and
(b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.
365 Subsection 6(1) of the Act is replaced by the following:
Warnings, cautions and referrals
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections4and 4.‍1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.
366 The Act is amended by adding the following after section 24:
Certain Offences — Review of Charges by Attorney General
Review required
24.‍1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
367 (1) Subsection 25(2) of the Act is replaced by the following:
Arresting officer to advise young person of right to counsel
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
(2) Paragraphs 25(9)‍(c) and (d) of the Act are replaced by the following:
(c) any undertaking entered into before a peace officer by the young person;
368 Subsections 26(1) and (2) of the Act are replaced by the following:
Notice in case of arrest and detained
26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
Notice in other cases
(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking.
369 The heading before section 28 of the Act is replaced by the following:
Detention and Release
370 The Act is amended by adding the following after section 28:
Substitute for social measures prohibited
28.‍1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures.
371 Subsection 29(1) of the Act is replaced by the following:
Release order with conditions
29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.‍2) of the Criminal Code in respect of a release order only if they are satisfied that
(a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence;
(b) the condition is reasonable having regard to the circumstances of the offending behaviour; and
(c) the young person will reasonably be able to comply with the condition.
372 The Act is amended by adding the following after section 30:
Review of detention — 30-day period
30.‍1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively.
2012, c. 1, s. 171
373 (1) Subsection 37(4) of the Act is replaced by the following:
Appeals heard together
(4) An order under subsection 72(1) or (1.‍1) (adult or youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
(2) Subsection 37(11) of the Act is replaced by the following:
No appeal from youth sentence on review
(11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96.
374 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(e.‍1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if
(i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1),
(ii) the young person will reasonably be able to comply with the condition, and
(iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and
375 Paragraph 39(1)‍(b) of the Act is replaced by the following:
(b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence;
376 (1) Paragraph 42(2)‍(c) of the Act is replaced by the following:
(c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)‍(e.‍1) and may require the young person to report to and be supervised by the provincial director;
(2) Paragraph 42(2)‍(s) of the Act is replaced by the following:
(s) impose on the young person, in accordance with paragraph 38(2)‍(e.‍1), any other conditions that the court considers appropriate.
377 (1) Subsection 55(1) of the Act is replaced by the following:
Condition that must appear in orders
55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)‍(k) or (l), that the young person appear before the youth justice court when required by the court to do so.
(2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:
Conditions that may appear in orders
(2) A youth justice court may, in accordance with paragraph 38(2)‍(e.‍1), prescribe as conditions of an order made under paragraph 42(2)‍(k) or (l) that a young person do one or more of the following:
(3) Paragraph 55(2)‍(h) of the Act is replaced by the following:
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and
378 (1) Subsection 59(1) of the Act is replaced by the following:
Review of youth sentences not involving custody
59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)‍(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
(2) Subsection 59(8) of the Act is replaced by the following:
New youth sentence not to be more onerous
(8) Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.
(3) Section 59 of the Act is amended by adding the following after subsection (9):
Exception — paragraph (2)‍(c)
(10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)‍(c), the youth justice court may, in accordance with paragraph 38(2)‍(e.‍1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions
(a) would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or
(b) would assist the young person to comply with any conditions previously imposed as part of that sentence.
2012, c. 1, s. 176(1)
379 Subsections 64(1.‍1) and (1.‍2) of the Act are repealed.
2012, c. 1, s. 185
380 Section 75 of the Act is repealed.
381 Subsection 76(4) of the Act is replaced by the following:
Report
(4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court.
2012, c. 1, s. 189
382 Subsection 110(2) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraph (b).
383 Section 134 of the Act is replaced by the following:
Applications for forfeiture
134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.
384 (1) Subsections 135(1) to (3) of the Act are replaced by the following:
Proceedings in case of default
135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall
(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and
(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.
Order for forfeiture
(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.
Judgment debtors of the Crown
(3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.
(2) Subsections 135(5) and (6) of the Act are replaced by the following:
If a deposit has been made
(5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Subsections 770(2) and (4) of Criminal Code do not apply
(6) Subsections 770(2) (transmission to clerk of court) and (4) (transmission of deposit) of Criminal Code do not apply in respect of proceedings under this Act.
385 Paragraph 161(1)‍(a) of the Act is repealed.
386 Paragraph 1(g) of the schedule to the Act is repealed.
Transitional Provision
Subsection 59(10)
387 Subsection 59(10) of the Youth Criminal Justice Act does not apply to the sentence for an offence committed before the coming into force of that subsection.
1996, c. 19
Controlled Drugs and Substances Act
388 Subsections 11(3) and (4) of the Controlled Drugs and Substances Act are 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 authority to act as a peace officer in the place where it is executed.
2015, c. 16
An Act to amend the Criminal Code (exploitation and trafficking in persons)
389 Section 5 of An Act to amend the Criminal Code (exploitation and trafficking in persons) is replaced by the following:
Sections 1,2 and 4
5 (1) Sections 1,2 and 4 come into force on the day on which a Bill entitled An Act to amend An Act to amend the Criminal Code (exploitation and trafficking in persons), introduced in the 1st session of the 42nd Parliament, receives royal assent.
Order in council
(2) Section 3 comes into force on a day to be fixed by order of the Governor in Council.
Consequential Amendments
R.‍S.‍, c. C-34
Competition Act
2002, c. 16, s. 3
390 Subsection 30.‍18(3) of the Competition Act is replaced by the following:
Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.‍11(1) or 30.‍16(1), order that the person be detained in custody or issue a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
R.‍S.‍, c. I-1
Identification of Criminals Act
1992, c. 47, s. 74(1); 1996, c. 7, s. 39
391 Paragraph 2(1)‍(c) of the Identification of Criminals Act is replaced by the following:
(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 500(3),501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or
R.‍S.‍, c. P-1
Parliament of Canada Act
1991, c. 20, s. 1
392 Paragraph 19.‍7(3)‍(g) of the Parliament of Canada Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
1991, c. 20, s. 2
393 Paragraph 52.‍7(3)‍(g) of the Act is replaced by the following:
(g) the confirmation of an appearance notice or undertaking under section 508.
R.‍S.‍, c. S-26
Supreme Court Act
394 Section 95 of the Supreme Court Act is replaced by the following:
Further powers of commissioners
95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court.
1985, c. 1 (2nd Supp.‍)
Customs Act
2001, c. 25, s. 84
395 Subsection 163.‍5(1) of the Customs Act is replaced by the following:
Powers of designated officers
163.‍5 (1) In addition to the powers conferred on an officer for the enforcement of this Act, a designated officer who is at a customs office and is performing the normal duties of an officer or is acting in accordance with section 99.‍1 has, in relation to a criminal offence under any other Act of Parliament, the powers and obligations of a peace officer under sections 495and497and paragraphs 498(1)‍(a) and (b) of the Criminal Code, and subsections 495(3) and 498(3) of that Act apply to the designated officer as if they were a peace officer.
1985, c. 30 (4th Supp.‍)
Mutual Legal Assistance in Criminal Matters Act
1999, c. 18, s. 114(2)
396 Subsection 23(3) of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:
Order
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.‍2, order that the person be detained in custody or make a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.
1992, c. 20
Corrections and Conditional Release Act
1995, c. 42, s. 44(7)
397 Subparagraph (b)‍(ii) of the definition sexual offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed.
398 Paragraph 1(i) of Schedule I to the Act is repealed.
1992, c. 47
Contraventions Act
399 The heading before section 53 of the Contraventions Act is replaced by the following:
Undertaking or Release Order
400 Subsections 50(4) and (5) of the Act are replaced by the following:
Contents of notice
(4) A notice of election must have the contents required of a ticket by section 16 and state that, where a defendant entered into, was issued or was given, as the case may be, an undertaking, release order, summons or appearance notice, the conditions in the undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by the summons, appearance notice or undertaking, as the case may be, cease to have effect.
Cessation of effect — conditions and obligations
(5) The conditions in an undertaking or release order and the obligation to appear, for the purposes of the Identification of Criminals Act, as required by a summons, appearance notice or undertaking, as the case may be, that was entered into by, issued to or given to a defendant, cease to have effect on the defendant’s being notified of the election.
1999, c. 25, s. 28
401 (1) Subsections 53(1) and (2) of the Act are replaced by the following:
Limit on conditions — payment of amount
53 (1) Despite subsections 501(3) and515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to pay, if they fail to attend court as required, an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)‍(c).
Limit on conditions — deposit of money or other security
(2) Despite subsections 501(3) and 515(2) of the Criminal Code, an undertaking or a release order must not contain a condition that requires the defendant to deposit, if they fail to attend court as required, an amount of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)‍(c).
1996, c. 7, s. 32
(2) Subsections 53(3) and (4) of the English version of the Act are replaced by the following:
Money or other valuable security as fine deposit
(3) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall
(a) be applied on account of the fine and fees imposed; and
(b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.
Return of money or other valuable security
(4) If in a proceeding in respect of a contravention the defendant deposits an amount of money or other valuable security with a peace officer or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
2000, c. 24
Crimes Against Humanity and War Crimes Act
402 Subsection 20(2) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Evidence in specific cases
(2) Evidence given under section 714.‍1,714.‍2 or 714.‍3 of the Criminal Code or 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 proceeding for the purpose of subsection (1).
2002, c. 29
Species at Risk Act
403 Paragraph 108(1)‍(e) of the Species at Risk Act is replaced by the following:
(e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or a release order or entered into an undertaking;
Coordinating Amendments
Bill C-45
404 (1) Subsections (2) to (4) apply if Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled the Cannabis Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 211 of the other Act comes into force before section 180 of this Act, then that section 180 is repealed.
(3) If section 211 of the other Act comes into force on the same day as section 180 of this Act, then that section 180 is deemed to have come into force before that section 211.
(4) On the first day on which both section 222 of the other Act and section 304 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:
Victim surcharge
737 (1) Subject to subsection (1.‍1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
Bill C-46
405 (1) Subsections (2) to (14) apply if Bill C-46, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both subsection 5(1) of the other Act and section 90 of this Act are in force, subsection 255(1) of the Criminal Code is replaced by the following:
Punishment
255 (1) Every person who commits an offence under subsection 253(1), subparagraph 253(3)‍(a) or (c) or section 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.
(3) On the first day on which both subsection 5(3) of the other Act and section 90 of this Act are in force, subsection 255(2.‍1) of the Criminal Code is replaced by the following:
Blood concentration equal to or over legal limit — bodily harm
(2.‍1) Every person who, while committing an offence under paragraph 253(1)‍(b) or 3(a) or (c), 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).
(4) If subsection 7(1) of the other Act comes into force before section 91 of this Act, then subsection 91(3) of this Act is deemed never to have come into force and is repealed.
(5) If subsection 7(1) of the other Act comes into force on the same day as section 91 of this Act, then subsection 91(3) of this Act is deemed to have come into force before that subsection 7(1).
(6) If subsection 7(3) of the other Act comes into force before section 91 of this Act, then subsection 91(4) of this Act is deemed never to have come into force and is repealed.
(7) If section 91 of this Act comes into force before subsection 7(3) of the other Act, then that subsection 7(3) is deemed never to have come into force and is repealed.
(8) If subsection 7(3) of the other Act comes into force on the same day as section 91 of this Act, then subsection 91(4) of this Act is deemed never to have come into force and is repealed.
(9) If sections 14 and 15 of the other Act come into force before section 91 of this Act, then subsections 91(1) and (2) of this Act are deemed never to have come into force and are repealed.
(10) If sections 14 and 15 of the other Act come into force on the same day as section 91 of this Act, then subsections 91(1) and (2) of this Act are deemed to have come into force before those sections 14 and 15.
(11) If sections 14 and 15 of the other Act come into force before sections 87 to 90 of this Act, then on the day on which sections 87 to 90 come into force:
(a) those sections 87 to 90 are deemed never to have come into force and are repealed;
(b) subsection 320.‍19(1) of the Criminal Code is replaced by the following:
Punishment
320.‍19 (1) Every person who commits an offence under subsection 320.‍14(1) or 320.‍15(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days.
(c) the portion of subsection 320.‍19(3) of the Criminal Code before paragraph (a) is replaced by the following:
Minimum fines for high blood alcohol concentrations
(3) Despite subparagraphs (1)‍(a)‍(i) and (b)‍(i), every person who commits an offence under paragraph 320.‍14(1)‍(b) is liable, for a first offence, to
(d) subsections 320.‍19(4) and (5) of the Criminal Code are replaced by the following:
Minimum fine — subsection 320.‍15(1)
(4) Despite subparagraphs (1)‍(a)‍(i) and (b)‍(i), every person who commits an offence under subsection 320.‍15(1) is liable, for a first offence, to a fine of not less than $2,000.
Punishment — dangerous operation and other offences
(5) Every person who commits an offence under subsection 320.‍13(1) or 320.‍16(1), section 320.‍17 or subsection 320.‍18(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
(e) section 320.‍2 of the Criminal Code is replaced by the following:
Punishment in case of bodily harm
320.‍2 Every person who commits an offence under subsection 320.‍13(2), 320.‍14(2), 320.‍15(2) or 320.‍16(2) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,
(i) for a first offence, a fine of $1,000,
(ii) for a second offence, imprisonment for a term of 30 days, and
(iii) for each subsequent offence, imprisonment for a term of 120 days; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)‍(i) to (iii).
(12) If sections 87 to 90 of this Act come into force before sections 14 and 15 of the other Act, then on the day on which those sections 14 and 15 come into force, paragraphs (11)‍(b) to (e) apply.
(13) If sections 14 and 15 of the other Act come into force on the same day as sections 87 to 90 of this Act, then those sections 87 to 90 are deemed to have come into force before those sections 14 and 15 and subsection (12) applies as a consequence.
(14) On the first day on which both section 22 of the other Act and section 283 of this Act are in force, subsection 680(1) of the Criminal Code is replaced by the following:
Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)‍(a) or a decision made by a judge of the court of appeal under section 320.‍25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Bill C-51
406 (1) Subsections (2) to (27) apply if Bill C-51, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 7 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.
(3) If section 7 of this Act comes into force on the same day as section 3 of the other Act, then that section 3 is deemed to have come into force before that section 7.
(4) If section 14 of this Act comes into force before section 5 of the other Act, then subsection 82(1) of the Criminal Code is replaced by the following:
Possession of explosive
82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
(5) If section 5 of the other Act comes into force on the same day as section 14 of this Act, then that section 5 is deemed to have come into force before that section 14.
(6) If section 7 of the other Act comes into force before section 40 of this Act, then subsection 40(2) of this Act is repealed.
(7) If section 40 of this Act comes into force before section 7 of the other Act, then subsections 7(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(8) If section 7 of the other Act comes into force on the same day as section 40 of this Act, then that section 40 is deemed to have come into force before that section 7 and subsection (7) applies as a consequence.
(9) If section 49 of this Act comes into force before section 9 of the other Act, then that section 9 is deemed never to have come into force and is repealed.
(10) If section 49 of this Act comes into force on the same day as section 9 of the other Act, then that section 9 is deemed to have come into force before that section 49.
(11) If section 29 of the other Act comes into force before section 118 of this Act, then subsection 118(2) of this Act is repealed.
(12) If section 118 of this Act comes into force before section 29 of the other Act, then subsections 29(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(13) If section 29 of the other Act comes into force on the same day as section 118 of this Act, then that section 29 is deemed to have come into force before that section 118 and subsection (11) applies as a consequence.
(14) If section 131 of this Act comes into force before section 38 of the other Act, then that section 38 is deemed never to have come into force and is repealed.
(15) If section 131 of this Act comes into force on the same day as section 38 of the other Act, then that section 38 is deemed to have come into force before that section 131.
(16) If subsection 159(1) of this Act comes into force before section 46 of the other Act and that section 46 comes into force before subsection 159(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance 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.
(17) If subsection 159(2) of this Act comes into force before section 46 of the other Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
(18) If section 46 of the other Act comes into force on the same day as subsection 159(1) of this Act, then that section 46 is deemed to have come into force before that subsection 159(1).
(19) If section 46 of the other Act comes into force on the same day as subsection 159(2) of this Act, then section 405 of the Criminal Code is replaced by the following:
Acknowledging instrument in false name
405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
(20) If section 48 of the other Act comes into force before section 160 of this Act, then subsection 160(2) of this Act is repealed.
(21) If section 160 of this Act comes into force before section 48 of the other Act, then subsections 48(1) and (3) of the other Act are deemed never to have come into force and are repealed.
(22) If section 48 of the other Act comes into force on the same day as section 160 of this Act, then that section 48 is deemed to have come into force before that section 160 and subsection (20) applies as a consequence.
(23) If section 177 of this Act comes into force before section 56 of the other Act, then that section 56 is deemed never to have come into force and is repealed.
(24) If section 56 of the other Act comes into force on the same day as section 177 of this Act, then that section 56 is deemed to have come into force before that section 177.
(25) If section 66 of the other Act comes into force before section 298 of this Act, then that section 298 is repealed.
(26) If section 298 of this Act comes into force before section 66 of the other Act, then that section 66 is deemed never to have come into force and is repealed.
(27) If section 66 of the other Act comes into force on the same day as section 298 of this Act, then that section 298 is deemed never to have come into force and is repealed.
(28) If subsection 337(3) and section 340 of this Act come into force before subsections 69(1) and (2) and sections 70,71 and 72 of the other Act, then those subsections 69(1) and (2) and sections 70,71 and 72 are deemed never to have come into force and are repealed.
(29) If subsection 69(1) and (2) and sections 70,71 and 72 of the other Act come into force on the same day as subsection 337(3) and section 340 of this Act, then those subsections 69(1) and (2) and sections 70,71 and 72 are deemed to have come into force before that subsection 337(3) and that section 340.
Bill C-59
407 (1) Subsections (2) to (12) apply if Bill C-59, introduced in the 1st session of the 42nd Parliament and entitled the National Security Act, 2017 (in this section referred to as the “other Act”), receives royal assent.
(2) If section 140 of the other Act comes into force before subsection 1(1) of this Act, then paragraph 2.‍3(1)‍(f) of the Criminal Code, as enacted by section 2 of this Act, is replaced by the following:
(f) proceedings under section 83.‍13,83.‍14,83.‍222,83.‍223 or 83.‍3.
(3) If subsection 1(1) of this Act comes into force before section 140 of the other Act:
(a) that section 140 is deemed never to have come into force and is repealed;
(b) paragraph 2.‍3(1)‍(f) of the Criminal Code is replaced by the following:
(f) proceedings under section 83.‍13,83.‍14,83.‍222,83.‍223 or 83.‍3.
(4) If section 140 of the other Act comes into force on the same day as subsection 1(1) of this Act, then that section 140 is deemed to have come into force before that subsection 1(1) and subsection (2) applies as a consequence.
(5) On the first day on which both section 143 of the other Act and section 22 of this Act are in force, subsection 83.‍221(1) of the Criminal Code is replaced by the following:
Counselling commission of terrorism offence
83.‍221 (1) Every person who counsels another person to commit a terrorism offence — other than 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.
(6) If section 145 of the other Act comes into force before section 25 of this Act, then that section 25 is repealed.
(7) If section 145 of the other Act comes into force on the same day as section 25 of this Act, then that section 25 is deemed to have come into force before that section 145.
(8) If section 162 of the other Act comes into force before section 369 of this Act, then that section 369 is repealed.
(9) If section 369 of this Act comes into force before section 162 of the other Act, then that section 162 is deemed never to have come into force and is repealed.
(10) If section 162 of the other Act comes into force on the same day as section 369 of this Act, then that section 369 is deemed never to have come into force and is repealed.
(11) If section 371 of this Act comes into force before section 163 of the other Act, then that section 163 is deemed never to have come into force and is repealed.
(12) If section 371 of this Act comes into force on the same day as section 163 of the other Act, then that section 163 is deemed to have come into force before that section 371.
Coming into Force
Thirtieth day after royal assent
408 Sections 281, 304 and 317 come into force on the 30th day after the day on which this Act receives royal assent.
Ninetieth day after royal assent
409 Subsections 1(1) and (2), sections 2 and 3, subsection 4(1), sections 6 to 24, 27 to 31, 35 to 48, 50 to 52 and 54, subsection 57(2), sections 58 to 61, 63, 65 to 78, 81 to 90, 92, 94 to 99, 105 to 112 and 114 to 158, subsection 159(1), sections 160 to 183 and 185 to 188, subsection 189(2), sections 190, 193 to 203, 205 to 210 and 218, subsection 227(2), sections 239 to 246, subsections 247(1) to (3), sections 248, 249 and 252 to 255, subsections 256(1), (4) and (5) and 257(1), (2), (4) and (5), sections 258 to 261, subsection 262(1), sections 263 to 265, 267, 269 to 278 and 280, subsections 284(1) and (2), sections 285 to 289, 292 to 297, 301, 302, 305, 308 to 310, 318 to 322, 324, 325 and 332 to 336, subsections 337(1) and (2) and 339(1), sections 341 to 346, subsection 347(1), subsection 348(1), sections 349 and 350, subsections 351(1) and (2), 352(1) and (2) and 353(1), sections 354 to 356, subsection 373(1) and sections 379 to 382, 385, 388 and 402 come into force on the 90th day after the day on which this Act receives royal assent.
One-hundred-and-eightieth day after royal assent
410 Subsection 1(3), sections 5, 25, 26, 32 to 34, 49 and 93, subsection 159(2), section 184, subsection 189(1), sections 211 to 217, sections 219 to 226, subsections 227(1) and (3) to (7), sections 228 to 238, subsection 247(4), sections 250 and 251, subsections 256(2) and (3), 257(3) and 262(2), sections 266, 268, 279, 282 and 283, subsections 284(3) and (4), sections 290, 291, 298, 299, 300, 303, 306, 307, 311 to 316 and 326 to 331, subsection 337(3), section 338, subsection 339(2), section 340, subsections 347(2), 348(2), 351(3), 352(3) and 353(2), sections 364 to 372, subsection 373(2), sections 374 to 378, 383, 384, 390 to 396, 399 to 401 and 403 come into force on the 180th day after the day on which this Act receives royal assent.
Published under authority of the Speaker of the House of Commons
explanatory notes
Criminal Code
Clause 1: (1) Existing text of the definition:
Attorney General
(a) subject to paragraphs (b.‍1) to (g), 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,
(b) with respect to Yukon, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such an Act, means the Attorney General of Canada and includes his or her lawful deputy,
(b.‍1) with respect to proceedings in relation to an offence under subsection 7(2.‍01), means either 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,
(c) with respect to proceedings in relation to a terrorism offence or to an offence under section 57,58,83.‍12,424.‍1 or 431.‍1 or in relation to an offence against a member of United Nations personnel or associated personnel under section 235,236,266,267,268,269,269.‍1,271,272,273,279 or 279.‍1, means either 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,
(d) with respect to 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 was committed outside Canada but 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, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,
(e) with respect to proceedings in relation to an offence where the act or omission constituting the offence
(i) constitutes a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.‍01(1), and
(ii) was committed outside Canada but is deemed by virtue of subsection 7(3.‍74) or (3.‍75) to have been committed in Canada,
means either 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,
(f) with respect to proceedings under section 83.‍13,83.‍14,83.‍222,83.‍223,83.‍28,83.‍29 or 83.‍3, means either 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, and
(g) with respect to proceedings in relation to an offence referred to in sections 121.‍1,380,382,382.‍1 and 400, means either 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; (procureur général)
(2) New.
(3) New.
Clause 2: New.
Clause 3: New.
Clause 4: Existing text of subsection 7(2.‍32):
(2.‍32) Despite the definition Attorney General in section 2, the Attorney General of Canada may conduct proceedings in relation to an offence referred to in subsection (2.‍3) or (2.‍31). For that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.
(2) Existing text of subsection 7(4.‍1):
(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 151,152,153,155 or 159, 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.
Clause 5: Existing text of section 20:
20 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday.
Clause 6: (1) and (2) Relevant portion of subsection 52(1):
52 (1) Every one who does a prohibited act for a purpose prejudicial to
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 7: Existing text of subsection 57(3):
(3) Every one who without lawful excuse, the proof of which lies on him, has in his possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 8: (1) and (2) Relevant portion of subsection 58(1):
58 (1) Every one who, while in or out of Canada,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 9: (1) and (2) Relevant portion of subsection 62(1):
62 (1) Every one who wilfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 10: Existing text of section 65:
65 (1) Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(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 an indictable offence and liable to imprisonment for a term not exceeding 10 years.
Clause 11: Existing text of section 69:
69 A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 12: Existing text of subsection 70(3):
(3) Every one who contravenes an order made under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 13: Existing text of section 73:
73 Every person who commits forcible entry or forcible detainer is guilty of
(a) an offence punishable on summary conviction; or
(b) an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 14: Existing text of subsection 82(1):
82 (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 15: (1) and (2) Relevant portion of section 83.‍02:
83.‍02 Every one 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
.‍.‍. 
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
Clause 16: (1) and (2) Relevant portion of section 83.‍03:
83.‍03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services
.‍.‍. 
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
Clause 17: (1) and (2) Relevant portion of section 83.‍04:
83.‍04 Every one who
.‍.‍. 
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
Clause 18: (1) and (2) Existing text of subsection 83.‍12(1):
83.‍12 (1) Every one who contravenes any of sections 83.‍08,83.‍1 and 83.‍11 is guilty of an offence and liable
(a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to imprisonment for a term of not more than 10 years.
Clause 19: Existing text of subsection 83.‍13(11):
(11) Subsections 462.‍32(4) and (6), sections 462.‍34 to 462.‍35 and 462.‍4, subsections 487(3) and (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under paragraph (1)‍(a).
Clause 20: Existing text of subsection 83.‍18(1):
83.‍18 (1) Every one 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 not exceeding ten years.
Clause 21: Existing text of section 83.‍181:
83.‍181 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.‍18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Clause 22: Existing text of subsection 83.‍221(1):
83.‍221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.
Clause 23: Existing text of section 83.‍23:
83.‍23 (1) Everyone who knowingly harbours or conceals any person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment
(a) 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) 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) Everyone who knowingly harbours or conceals any person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling the 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.
Clause 24: Relevant portion of subsection 83.‍231(3):
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 25: Existing text of subsection 83.‍29(3):
(3) A peace officer who arrests a person in the execution of the warrant shall, without delay, bring the person, or cause them to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.
Clause 26: Relevant portion of subsection 83.‍3(6):
(6) Unless a peace officer, or an officer in charge as defined in Part XVI, is satisfied that a person should be released from custody unconditionally 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:
Clause 27: Relevant portion of subsection 95(2):
(2) Every person who commits an offence under subsection (1)
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
Clause 28: Relevant portion of section 96(2):
(2) Every person who commits an offence under subsection (1)
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
Clause 29: Relevant portion of subsection 102(2):
(2) Every person who commits an offence under subsection (1)
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.
Clause 30: Existing text of subsection 103(3):
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
Clause 31: Existing text of subsection 104(3):
(3) Any proceedings in respect of an offence under subsection (1) may be commenced at the instance of the Government of Canada and conducted by or on behalf of that government.
Clause 32: Relevant portion of subsection 109(1):
109 (1) Where a person is convicted, or discharged under section 730, of
.‍.‍. 
(a.‍1) an indictable offence in the commission of which violence was used, threatened or attempted against
(i) the person’s current or former intimate partner,
Clause 33: Relevant portion of subsection 110(2.‍1):
(2.‍1) Despite subsection (2), an order made under subsection (1) may be imposed for life or for any shorter duration if, in the commission of the offence, violence was used, threatened or attempted against
(a) the person’s current or former intimate partner;
Clause 34: Existing text of section 110.‍1:
110.‍1 In sections 109 and 110,intimate partner includes a spouse, a common-law partner and a dating partner.
Clause 35: Existing text of subsection 121(3):
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 36: (1) and (2) Relevant portion of subsection 121.‍1(4):
(4) Every person who contravenes subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years and, if the amount of tobacco product is 10,000 cigarettes or more or 10 kg or more of any other tobacco product, or the amount of raw leaf tobacco is 10 kg or more,
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than six months.
Clause 37: Existing text of section 122:
122 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person.
Clause 38: (1) Relevant portion of subsection 123(1):
123 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years 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
(2) Relevant portion of subsection 123(2):
(2) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)‍(a) to (d) by
Clause 39: (1) and (2) Relevant portion of section 124:
124 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 40: (1) and (2) Relevant portion of section 125:
125 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 41: Existing text of subsection 126(1):
126 (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 42: (1) and (2) Relevant portion of section 128:
128 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 43: Existing text of subsection 136(1.‍1):
(1.‍1) Evidence given under section 714.‍1,714.‍2,714.‍3 or 714.‍4 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given pursuant to 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).
Clause 44: (1) and (2) Relevant portion of section 138:
138 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 45: Existing text of subsection 139(2):
(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 46: Existing text of subsection 141(1):
141 (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 47: Existing text of section 142:
142 Every one 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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 48: (1) and (2) Relevant portion of section 144:
144 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 49: (1) Existing text of subsections 145(1) to (6):
145 (1) Every one who
(a) escapes from lawful custody, or
(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,
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.
(2) Every one who,
(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, 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.
(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.‍1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
(4) Every one who is served with a summons and who fails, without lawful excuse, the proof of which lies on him, to appear at a time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act, or to attend court in accordance therewith, is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
(5.‍1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.‍1)
(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.
(2) Existing text of subsections 145(8) and (9):
(8) For the purposes of subsections (3) to (5), it is a lawful excuse to fail to comply with a condition of an undertaking or recognizance or to fail to appear at a time and place stated in a summons, an appearance notice, a promise to appear or a recognizance 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.
(9) In any proceedings under subsection (2), (4) or (5), 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 stating that,
(a) in the case of proceedings under subsection (2), the accused gave or entered into an undertaking or recognizance before a justice or judge and failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge or to surrender in accordance with an order of the court, justice or judge, as the case may be,
(b) in the case of proceedings under subsection (4), a summons was issued to and served on the accused and the accused failed to attend court in accordance therewith or failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, as the case may be, and
(c) in the case of proceedings under subsection (5), the accused was named in an appearance notice, a promise to appear or a recognizance entered into before an officer in charge or another peace officer, that was confirmed by a justice under section 508, and the accused failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge, as the case may be,
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.
Clause 50: (1) and (2) Relevant portion of section 146:
146 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 51: (1) and (2) Relevant portion of section 147:
147 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 52: (1) and (2) Relevant portion of section 148:
148 Every one who knowingly and wilfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 53: Existing text of subsection 150.‍1(5):
(5) It is not a defence to a charge under section 153,159,170,171 or 172 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2) that the accused believed that the complainant was eighteen 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.
Clause 54: (1) and (2) Existing text of subsection 153.‍1(1):
153.‍1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 55: New.
Clause 56: Existing text of section 159:
159 (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
(2) Subsection (1) does not apply to any act engaged in, in private, between
(a) husband and wife, or
(b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
(3) For the purposes of subsection (2),
(a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and
(b) a person shall be deemed not to consent to an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
(ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.
Clause 57: (1) Relevant portion of subsection 161(1.‍1):
(1.‍1) The offences for the purpose of subsection (1) are
(a) an offence under section 151,152,155 or 159, 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);
(2) Relevant portion of subsection 161(4):
(4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Clause 58: Relevant portion of subsection 162.‍2(4):
(4) Every person who is bound by an order of prohibition and who does not comply with the order is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Clause 59: Existing text of subsection 172(1):
172 (1) Every one 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 thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 60: Relevant portion of subsection 173(1):
173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.
Clause 61: (1) and (2) Relevant portion of subsection 176(1):
176 (1) Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 62: Relevant portion of subsection 179(1):
179 (1) Every one commits vagrancy who
.‍.‍. 
(b) having at any time been convicted of an offence under section 151,152 or 153, subsection 160(3) or 173(2) or section 271,272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4,1983, is found loitering in or near a school ground, playground, public park or bathing area.
Clause 63: (1) and (2) Relevant portion of subsection 180(1):
180 (1) Every one who commits a common nuisance and thereby
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 64: Existing text of section 181:
181 Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 65: (1) and (2) Relevant portion of section 182:
182 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 66: Existing text of subsection 184(1):
184 (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 67: Existing text of subsection 184.‍5(1):
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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 68: Existing text of section 188.‍1:
188.‍1 (1) Subject to subsection (2), the interception of a private communication authorized pursuant to section 184.‍2,184.‍3,186 or 188 may be carried out anywhere in Canada.
(2) Where an authorization is given under section 184.‍2,184.‍3,186 or 188 in one province but it may reasonably be expected that it is to be executed in another province and the execution of the authorization would require entry into or upon the property of any person in the other province or would require that an order under section 487.‍02 be made with respect to any person in that other province, a judge in the other province may, on application, confirm the authorization and when the authorization is so confirmed, it shall have full force and effect in that other province as though it had originally been given in that other province.
Clause 69: Existing text of subsection 191(1):
191 (1) Every one who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component thereof knowing that the design thereof renders it primarily useful for surreptitious interception of private communications is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 70: Existing text of subsection 193(1):
193 (1) Where 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 thereof or of the person intended by the originator thereof to receive it, every one who, without the express consent of the originator thereof or of the person intended by the originator thereof to receive it, wilfully
(a) uses or discloses the private communication or any part thereof or the substance, meaning or purport thereof or of any part thereof, or
(b) discloses the existence thereof,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 71: Relevant portion of subsection 193.‍1(1):
193.‍1 (1) Every person who wilfully uses or discloses a radio-based telephone communication or who wilfully discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, if
Clause 72: Existing text of subsection 201(1):
201 (1) Every one who keeps a common gaming house or common betting house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 73: Relevant portion of subsection 206(1):
206 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who
Clause 74: Existing text of section 209:
209 Every one 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 an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 75: Existing text of subsection 210(1):
210 (1) Every one who keeps a common bawdy-house is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 76: Relevant portion of subsection 215(3):
(3) Every one who commits an offence under subsection (2)
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 77: Relevant portion of section 218:
218 Every one who unlawfully abandons or exposes a child who is under the age of ten years, so that its life is or is likely to be endangered or its health is or is likely to be permanently injured,
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 78: Existing text of section 221:
221 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 79: Relevant portion of section 229:
229 Culpable homicide is murder
.‍.‍. 
(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.
Clause 80: Existing text of section 230:
230 Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.‍1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if
(a) he means to cause bodily harm for the purpose of
(i) facilitating the commission of the offence, or
(ii) facilitating his flight after committing or attempting to commit the offence,
and the death ensues from the bodily harm;
(b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or
(c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.
(d) [Repealed, 1991, c. 4, s. 1]
Clause 81: Existing text of section 237:
237 Every female person who commits infanticide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 82: Existing text of section 241.‍3:
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 an offence and is liable
(a) on conviction on indictment, to a term of imprisonment of not more than five years; or
(b) on summary conviction, to a term of imprisonment of not more than 18 months.
Clause 83: Existing text of subsection 241.‍4(3):
(3) Everyone who commits an offence under subsection (1) or (2) is liable
(a) on conviction on indictment, to a term of imprisonment of not more than five years; or
(b) on summary conviction, to a term of imprisonment of not more than 18 months.
Clause 84: Existing text of sections 242 and 243:
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.
243 Every one 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 an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 85: Existing text of subsection 245(1):
245 (1) Every one who administers or causes to be administered to any person or causes any person to take poison or any other destructive or noxious thing is guilty of an indictable offence and liable
(a) to imprisonment for a term not exceeding fourteen years, if he intends thereby to endanger the life of or to cause bodily harm to that person; or
(b) to imprisonment for a term not exceeding two years, if he intends thereby to aggrieve or annoy that person.
Clause 86: (1) Relevant portion of subsection 247(1):
247 (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,
(2) Existing text of subsections 247(2) and (3):
(2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.
Clause 87: Existing text of subsection 249(3):
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 88: (1) and (2) Relevant portion of subsection 251(1):
251 (1) Every one who knowingly
.‍.‍. 
and thereby endangers the life of any person, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 89: Existing text of subsection 252(1.‍2):
(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 an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 90: Existing text of subsections 255(1) to (2.‍2):
255 (1) Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
(a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,
(i) for a first offence, to a fine of not less than $1,000,
(ii) for a second offence, to imprisonment for not less than 30 days, and
(iii) for each subsequent offence, to imprisonment for not less than 120 days;
(b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and
(c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.
(2) Everyone who commits an offence under paragraph 253(1)‍(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
(2.‍1) Everyone who, while committing an offence under paragraph 253(1)‍(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
(2.‍2) Everyone 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 an indictable offence and liable to imprisonment for a term of not more than 10 years.
Clause 91: (1) to (4) Relevant portion of subsection 258(1):
258 (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.‍2),
.‍.‍. 
.‍.‍. 
(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 and if
(i) at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained to permit an analysis of it to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released under subsection (4),
(ii) both samples referred to in subparagraph (i) were taken as soon as practicable and in any event not later than two hours after the time when the offence was alleged to have been committed,
(iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,
(iv) both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and
(v) an analysis was made by an analyst of at least one of the samples,
evidence of the result of the analysis is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the samples were 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, in the absence of evidence tending to show all of the following three things — that the analysis was performed improperly, that the improper performance resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;
Clause 92: (1) and (2) Relevant portion of section 262:
262 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 93: Relevant portion of subsection 264(4):
(4) Where a person is convicted of an offence under this section, the court imposing the sentence on the person shall consider as an aggravating factor that, at the time the offence was committed, the person contravened
.‍.‍. 
(b) the terms or conditions of any other order or recognizance made or entered into under the common law or a provision of this or any other Act of Parliament or of a province that is similar in effect to an order or recognizance referred to in paragraph (a).
Clause 94: Relevant portion of subsection 264.‍1(2):
(2) Every one who commits an offence under paragraph (1)‍(a) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 95: (1) and (2) Relevant portion of section 267:
267 Every one who, in committing an assault,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 96: Relevant portion of section 269:
269 Every one who unlawfully causes bodily harm to any person is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 97: Relevant portion of subsection 270.‍01(2):
(2) Everyone who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.
Clause 98: Relevant portion of subsection 270.‍1(3):
(3) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.
Clause 99: Relevant portion of subsection 272(1):
272 (1) Every person commits an offence who, in committing a sexual assault,
Clause 100: Relevant portion of subsection 273.‍3(1):
273.‍3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is
.‍.‍. 
(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 or 159, subsection 160(2) or section 170,171,267,268,269,271,272 or 273 in respect of that person; or
Clause 101: Existing text of sections 274 and 275:
274 If an accused is charged with an offence under section 151,152,153,153.‍1,155,159,160,170,171,172,173,271,272,273,286.‍1,286.‍2 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.
275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151,152,153,153.‍1,155 and 159, subsections 160(2) and (3) and sections 170,171,172,173,271,272 and 273.
Clause 102: Relevant portion of subsection 276(1):
276 (1) In proceedings in respect of an offence under section 151,152,153,153.‍1,155 or 159, 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
Clause 103: Existing text of section 277:
277 In proceedings in respect of an offence under section 151,152,153,153.‍1,155 or 159, 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.
Clause 104: Relevant portion of subsection 278.‍2(1):
278.‍2 (1) Except in accordance with sections 278.‍3 to 278.‍91, no record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence under section 151,152,153,153.‍1,155,159,160,170,171,172,173,210,211,213,271,272,273,279.‍01,279.‍011,279.‍02,279.‍03,286.‍1,286.‍2 or 286.‍3; or
Clause 105: Relevant portion of subsection 279(2):
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 106: Existing text of subsection 279.‍02(1):
279.‍02 (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.‍01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Clause 107: Existing text of subsection 279.‍03(1):
279.‍03 (1) Everyone 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 an indictable offence and liable to imprisonment for a term of not more than five years.
Clause 108: Existing text of subsection 280(1):
280 (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen 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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 109: Existing text of section 281:
281 Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen 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 an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 110: Relevant portion of subsection 286.‍1(1):
286.‍1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months and a minimum punishment of,
Clause 111: Existing text of subsection 286.‍2(1):
286.‍2 (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.‍1(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
Clause 112: Relevant portion of section 286.‍4:
286.‍4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.
Clause 113: Existing text of section 287:
287 (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.
(2) Every female person who, being pregnant, with intent to procure her own miscarriage, uses any means or permits any means to be used for the purpose of carrying out her intention is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(3) In this section, means includes
(a) the administration of a drug or other noxious thing;
(b) the use of an instrument; and
(c) manipulation of any kind.
(4) Subsections (1) and (2) do not apply to
(a) a qualified medical practitioner, other than a member of a therapeutic abortion committee for any hospital, who in good faith uses in an accredited or approved hospital any means for the purpose of carrying out his intention to procure the miscarriage of a female person, or
(b) a female person who, being pregnant, permits a qualified medical practitioner to use in an accredited or approved hospital any means for the purpose of carrying out her intention to procure her own miscarriage,
if, before the use of those means, the therapeutic abortion committee for that accredited or approved hospital, by a majority of the members of the committee and at a meeting of the committee at which the case of the female person has been reviewed,
(c) has by certificate in writing stated that in its opinion the continuation of the pregnancy of the female person would or would be likely to endanger her life or health, and
(d) has caused a copy of that certificate to be given to the qualified medical practitioner.
(5) The Minister of Health of a province may by order
(a) require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any certificate described in paragraph (4)‍(c) issued by that committee, together with such other information relating to the circumstances surrounding the issue of that certificate as he may require; or
(b) require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described in paragraph (4)‍(c), to furnish him with a copy of that certificate, together with such other information relating to the procuring of the miscarriage as he may require.
(6) For the purposes of subsections (4) and (5) and this subsection,
accredited hospital means a hospital accredited by the Canadian Council on Hospital Accreditation in which diagnostic services and medical, surgical and obstetrical treatment are provided; (hôpital accrédité)
approved hospital means a hospital in a province approved for the purposes of this section by the Minister of Health of that province; (hôpital approuvé)
board means the board of governors, management or directors, or the trustees, commission or other person or group of persons having the control and management of an accredited or approved hospital; (conseil)
Minister of Health means
(a) in the Provinces of Ontario, Quebec, New Brunswick, Manitoba, Prince Edward Island and Newfoundland and Labrador, the Minister of Health,
(b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and
(c) in the Province of British Columbia, the Minister of Health Services and Hospital Insurance,
(d) in the Province of Alberta, the Minister of Hospitals and Medical Care,
(e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health; (ministre de la Santé)
qualified medical practitioner means a person entitled to engage in the practice of medicine under the laws of the province in which the hospital referred to in subsection (4) is situated; (médecin qualifié)
therapeutic abortion committee for any hospital means a committee, comprised of not less than three members each of whom is a qualified medical practitioner, appointed by the board of that hospital for the purpose of considering and determining questions relating to terminations of pregnancy within that hospital.‍ (comité de l’avortement thérapeutique)
(7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.
Clause 114: Existing text of subsection 291(1):
291 (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 115: Existing text of subsection 292(1):
292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between himself and another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 116: Existing text of subsection 293(1):
293 (1) Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into
(i) any form of polygamy, or
(ii) 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 subparagraph (a)‍(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 117: Existing text of sections 293.‍1 and 293.‍2:
293.‍1 Everyone 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 an indictable offence and liable to imprisonment for a term not exceeding five years.
293.‍2 Everyone 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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 118: (1) and (2) Relevant portion of section 294:
294 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 119: Existing text of section 295:
295 Everyone 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 an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 120: Existing text of sections 300 and 301:
300 Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
301 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 121: Existing text of subsection 302(3):
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 122: Existing text of subsection 318(1):
318 (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 123: Relevant portion of subsection 333.‍1(1):
333.‍1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable
.‍.‍. 
(b) on summary conviction, to imprisonment for a term of not more than 18 months.
Clause 124: (1) to (3) Relevant portion of section 334:
334 Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
.‍.‍. 
where the value of what is stolen does not exceed five thousand dollars.
Clause 125: (1) and (2) Relevant portion of subsection 338(1):
338 (1) Every one who, without the consent of the owner,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(3) Existing text of subsection 338(2):
(2) Every one who commits theft of cattle is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 126: Existing text of subsection 339(1):
339 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, without the consent of the owner,
(a) fraudulently takes, holds, keeps in his possession, conceals, receives, appropriates, purchases or sells,
(b) removes, alters, obliterates or defaces a mark or number on, or
(c) refuses to deliver up to the owner or to the person in charge thereof on behalf of the owner or to a person authorized by the owner to receive it,
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.
Clause 127: (1) and (2) Relevant portion of section 340:
340 Every one who, for a fraudulent purpose, destroys, cancels, conceals or obliterates
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 128: Existing text of section 341:
341 Every one who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 129: Relevant portion of subsection 347(1):
347 (1) Despite any other Act of Parliament, every one who enters into an agreement or arrangement to receive interest at a criminal rate, or receives a payment or partial payment of interest at a criminal rate, is
.‍.‍. 
(b) guilty of an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.
Clause 130: Existing text of subsection 351(2):
(2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 131: Existing text of section 352:
352 Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for breaking into a coin-operated device or a currency exchange device, under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for breaking into a coin-operated device or a currency exchange device, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 132: (1) and (2) Relevant portion of subsection 353(1):
353 (1) Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 133: (1) to (3) Relevant portion of section 355:
355 Every one who commits an offence under section 354
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
.‍.‍. 
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Clause 134: Existing text of section 357:
357 Every one who brings into or has in Canada anything that he has 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 an indictable offence and liable to a term of imprisonment not exceeding ten years.
Clause 135: (1) to (4) Relevant portion of subsection 362(2):
(2) Every one who commits an offence under paragraph (1)‍(a)
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained exceeds five thousand dollars; or
(b) is guilty
.‍.‍. 
where the value of what is obtained does not exceed five thousand dollars.
(3) Every one who commits an offence under paragraph (1)‍(b), (c) or (d) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 136: (1) and (2) Relevant portion of section 363:
363 Every one who, with intent to defraud or injure another person, by a false pretence causes or induces any person
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 137: (1) and (2) Relevant portion of subsection 377(1):
377 (1) Every one who unlawfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 138: (1) and (2) Relevant portion of section 378:
378 Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 139: Existing text of section 381:
381 Every one 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 an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 140: (1) and (2) Relevant portion of section 382:
382 Every one 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,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 141: Relevant portion of subsection 382.‍1(1):
382.‍1 (1) A person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years who, directly or indirectly, buys or sells a security, knowingly using inside information that they
Clause 142: (1) and (2) Relevant portion of subsection 383(1):
383 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years 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,
.‍.‍. 
but this section does not apply where a broker, on behalf of a purchaser, receives delivery, notwithstanding that the broker retains or pledges what is delivered as security for the advance of the purchase money or any part thereof.
Clause 143: Existing text of section 384:
384 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who, being an individual, or a member or an employee of a partnership, or a director, an officer or an employee of a corporation, where he 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 out of Canada, thereafter sells or causes to be sold shares of the company or undertaking for any account in which
(a) he or his firm or a partner thereof, or
(b) the corporation or a director thereof,
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 his control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.
Clause 144: (1) to (3) Relevant portion of subsection 385(1):
385 (1) Every one who, being a vendor or mortgagor of property or of a chose in action or being a solicitor for or agent of a vendor or mortgagor of property or a chose in action, is served with a written demand for an abstract of title by or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage, and who
(a) with intent to defraud and for the purpose of inducing the purchaser or mortgagee to accept the title offered or produced to him, conceals from him any settlement, deed, will or other instrument material to the title, or any encumbrance on the title, or
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 145: (1) and (2) Relevant portion of section 386:
386 Every one who, as principal or agent, in a proceeding to register title to real property, or in a transaction relating to real property that is or is proposed to be registered, knowingly and with intent to deceive,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 146: Existing text of section 387:
387 Every one who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, privilege or encumbrance of or on real property, fraudulently sells the property or any part thereof is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 147: (1) and (2) Relevant portion of section 388:
388 Every one who wilfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 148: (1) and (2) Relevant portion of subsection 389(1):
389 (1) Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 149: Existing text of section 390:
390 Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years who
(a) wilfully 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) wilfully,
(i) after giving to another person,
(ii) after a person employed by him has, to his knowledge, given to another person, or
(iii) 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.
Clause 150: (1) and (2) Relevant portion of section 392:
392 Every one who,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 151: (1) and (2) Relevant portion of subsection 393(1):
393 (1) Every one whose duty it is to collect a fare, toll, ticket or admission who wilfully
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
(3) and (4) Relevant portion of subsection 393(2):
(2) Every one who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 152: Existing text of subsection 394(5):
(5) A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Clause 153: Existing text of subsection 394.‍1(3):
(3) A person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Clause 154: New.
Clause 155: (1) and (2) Relevant portion of subsection 396(1):
396 (1) Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 156: (1) to (3) Existing text of section 397:
397 (1) Every one who, with intent to defraud,
(a) destroys, mutilates, alters, falsifies or makes a false entry in, or
(b) omits a material particular from, or alters a material particular in,
a book, paper, writing, valuable security or document is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
(2) Every one who, with intent to defraud his creditors, is privy to the commission of an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 157: (1) and (2) Relevant portion of section 399:
399 Every one who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 158: (1) and (2) Relevant portion of subsection 400(1):
400 (1) Every one who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that he knows is false in a material particular, with intent
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 159: (1) Existing text of section 405:
405 Every one who, without lawful authority or excuse, the proof of which lies on him, 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, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 160: (1) and (2) Relevant portion of subsection 417(1):
417 (1) Every one who,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 161: Relevant portion of subsection 423(1):
423 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
Clause 162: Existing text of sections 424 and 424.‍1:
424 Every one 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 an indictable offence and liable to imprisonment for a term of not more than five years.
424.‍1 Every one 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 an indictable offence and liable to imprisonment for a term of not more than ten years.
Clause 163: Existing text of subsection 426(3):
(3) A person who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 164: (1) Relevant portion of subsection 430(4.‍1):
(4.‍1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(2) Relevant portion of subsection 430(4.‍11):
(4.‍11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,
.‍.‍. 
(c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.
Clause 165: Existing text of subsection 435(1):
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 166: Existing text of subsection 436(1):
436 (1) Every person who owns, in whole or in part, or controls property is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years where, 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, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.
Clause 167: Existing text of section 436.‍1:
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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 168: (1) and (2) Relevant portion of subsection 438(1):
438 (1) Every one who wilfully prevents or impedes, or who wilfully endeavours to prevent or impede,
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 169: Existing text of subsection 439(2):
(2) Every one who wilfully alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Clause 170: Existing text of sections 440 and 441:
440 Every one who wilfully and without the written permission of the Minister of Transport, the burden of proof of which lies on the accused, 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 an indictable offence and liable to imprisonment for a term not exceeding two years.
441 Every one who, wilfully and to the prejudice of a mortgagee or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which he is in possession or occupation, or severs from the freehold any fixture fixed therein or thereto, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 171: (1) and (2) Relevant portion of subsection 443(1):
443 (1) Every one who wilfully pulls down, defaces, alters or removes
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 172: Relevant portion of subsection 445(2):
(2) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Clause 173: Relevant portion of subsection 445.‍01(2):
(2) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(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 18 months or to both.
Clause 174: Relevant portion of subsection 445.‍1(2):
(2) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Clause 175: Relevant portion of subsection 446(2):
(2) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to imprisonment for a term of not more than six months or to both.
Clause 176: Relevant portion of subsection 447(2):
(2) Every one who commits an offence under subsection (1) is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
Clause 177: Existing text of section 451:
451 Every one who, without lawful justification or excuse, the proof of which lies on him, has in his custody or possession
(a) gold or silver filings or clippings,
(b) gold or silver bullion, or
(c) 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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 178: (1) and (2) Relevant portion of section 453:
453 Every one who, with intent to defraud, knowingly utters
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Clause 179: (1) and (2) Relevant portion of subsection 460(1):
460 (1) Every one who
.‍.‍. 
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 180: Existing text of section 462.‍2:
462.‍2 Every one who knowingly imports into Canada, exports from Canada, manufactures, promotes or sells instruments or literature for illicit drug use is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both; or
(b) for a second or subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.
Clause 181: Existing text of subsections 462.‍3(3) and (4):
(3) Despite the definition Attorney General in section 2, the Attorney General of Canada may
(a) exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act; and
(b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of
(i) an offence referred to in section 354,355.‍2,355.‍4 or 462.‍31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and
(ii) an offence under subsection 462.‍33(11) if the restraint order was made on application of the Attorney General of Canada.
(4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.
Clause 182: Existing text of subsections 462.‍32(2.‍1) to (3):
(2.‍1) Subject to subsection (2.‍2), a warrant issued pursuant to subsection (1) may be executed anywhere in Canada.
(2.‍2) Where a warrant is issued under subsection (1) in one province but it may be reasonably expected that it is to be executed in another province and the execution of the warrant would require entry into or on the property of any person in the other province, a judge in the other province may, on ex parte application, confirm the warrant, and when the warrant is so confirmed it shall have full force and effect in that other province as though it had originally been issued in that province.
(3) Subsections 487(2) to (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under this section.
Clause 183: Existing text of subsection 462.‍33(3.‍01):
(3.‍01) Subsections 462.‍32(2.‍1) and (2.‍2) apply, with such modifications as the circumstances require, in respect of a restraint order.
Clause 184: (1) Relevant portion of subsection 462.‍34(4):
(4) On an application made to a judge under paragraph (1)‍(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)‍(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.‍33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit,
.‍.‍. 
(c) for the purpose of
.‍.‍. 
(iii) permitting the use of the property in order to enter into a recognizance under Part XVI,
if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.
(2) Existing text of subsection 462.‍34(8):
(8) A recognizance entered into pursuant to paragraph (4)‍(a) may be in Form 32.
Clause 185: Relevant portion of subsection 465(1):
465 (1) Except where otherwise expressly provided by law, the following provisions apply in respect of conspiracy:
.‍.‍. 
(b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that he did not commit that offence, is guilty of an indictable offence and liable
(i) to imprisonment for a term not exceeding ten years, 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 not exceeding fourteen years, or
(ii) to imprisonment for a term not exceeding five years, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than fourteen years;
Clause 186: Existing text of subsection 467.‍11(1):
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 an indictable offence and liable to imprisonment for a term not exceeding five years.
Clause 187: Existing text of section 467.‍2:
467.‍2 (1) Notwithstanding the definition of Attorney General in section 2, the Attorney General of Canada may conduct proceedings in respect of
(a) an offence under section 467.‍11 or 467.‍111; or
(b) another criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.
For those purposes, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.
(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in section 467.‍11,467.‍111,467.‍12 or 467.‍13 or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.
Clause 188: (1) Relevant portion of subsection 482(2):
(2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, 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) Existing text of subsection 482(4):
(4) Rules of court that are made under the authority of this section shall be published in the Canada Gazette.
Clause 189: (1) Existing text of subsection 482.‍1(4):
(4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).
(2) Existing text of subsections 482.‍1(5) and (6):
(5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force.
(6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).
Clause 190: Existing text of subsection 485(1.‍1):
(1.‍1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.‍2), paragraph 537(1)‍(j), (j.‍1) or (k), subsection 650(1.‍1) or (1.‍2), paragraph 650(2)‍(b) or 650.‍01(3)‍(a), subsection 683(2.‍1) or 688(2.‍1) or a rule of court made under section 482 or 482.‍1 applies.
Clause 191: Existing text of subsection 486(3):
(3) If an accused is charged with an offence under section 151,152,153,153.‍1,155 or 159, 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.
Clause 192: Relevant portion of subsection 486.‍4(1):
486.‍4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151,152,153,153.‍1,155,159,160,162,163.‍1,170,171,171.‍1,172,172.‍1,172.‍2,173,210,211,213,271,272,273,279.‍01,279.‍011,279.‍02,279.‍03,280,281,286.‍1,286.‍2,286.‍3,346 or 347, or
Clause 193: (1) Existing text of subsection 487(2):
(2) If the building, receptacle or place is in another territorial division, the justice may issue the warrant with any modifications that the circumstances require, and it may be executed in the other territorial division after it has been endorsed, in Form 28, by a justice who has jurisdiction in that territorial division. The endorsement may be made on the original of the warrant or on a copy of the warrant transmitted by any means of telecommunication.
(2) Existing text of subsection 487(4):
(4) An endorsement that is made in accordance with subsection (2) is sufficient authority to the peace officers or public officers to whom the warrant was originally directed, and to all peace officers within the jurisdiction of the justice by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.‍1 or as otherwise provided by law.
Clause 194: Existing text of subsection 487.‍01(6):
(6) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
Clause 195: Existing text of subsection 487.‍019(2):
(2) The order has effect throughout Canada and, for greater certainty, no endorsement is needed for the order to be effective in a territorial division that is not the one in which the order is made.
Clause 196: Existing text of section 487.‍0198:
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 is liable to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both.
Clause 197: Existing text of section 487.‍02:
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.
Clause 198: Existing text of section 487.‍03:
487.‍03 (1) If a warrant is issued under section 487.‍01,487.‍05 or 492.‍1 or subsection 492.‍2(1) in one province, a judge or justice, as the case may be, in another province may, on application, endorse the warrant if it may reasonably be expected that it is to be executed in the other province and that its execution would require entry into or on the property of any person, or would require that an order be made under section 487.‍02 with respect to any person, in that province.
(1.‍1) The endorsement may be made on the original of the warrant or on a copy of the warrant that is transmitted by any means of telecommunication and, once endorsed, the warrant has the same force in the other province as though it had originally been issued there.
(2) [Repealed, 2007, c. 22, s. 7]
Clause 199: New.
Clause 200: Relevant portion of subsection 487.‍053(2):
(2) If the court does not consider the matter at that time, it
.‍.‍. 
(c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Clause 201: Existing text of subsection 487.‍055(3.‍01):
(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 any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Clause 202: Relevant portion of subsection 487.‍08(4):
(4) Every person who contravenes subsection (1.‍1)
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.
Clause 203: Existing text of subsection 487.‍092(3):
(3) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).
Clause 204: Relevant portion of the definition:
designated offence means
.‍.‍. 
(b) an offence under any of the following provisions:
.‍.‍. 
(iii) section 230 (murder in commission of offences),
Clause 205: Relevant portion of subsection 490.‍012(4):
(4) If the court does not consider the matter under subsection (1) or (3) at that time, the court
.‍.‍. 
(c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Clause 206: Relevant portion of subsection 490.‍031(1):
490.‍031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.‍012 or under section 227.‍01 of the National Defence Act or with an obligation under section 490.‍019 or 490.‍02901, under section 227.‍06 of the National Defence Act or under section 36.‍1 of the International Transfer of Offenders Act is guilty of an offence and liable
.‍.‍. 
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Clause 207: Relevant portion of subsection 490.‍0311(b):
490.‍0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable
.‍.‍. 
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Clause 208: Existing text of subsection 490.‍8(9):
(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.
Clause 209: New.
Clause 210: New.
Clause 211: (1) Existing text of the definitions:
appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)
officer in charge means the officer for the time being in command of the police force responsible for the lock-up or other place to which an accused is taken after arrest or a peace officer designated by him for the purposes of this Part who is in charge of that place at the time an accused is taken to that place to be detained in custody; (fonctionnaire responsable)
promise to appear means a promise in Form 10; (promesse de comparaître)
recognizance, when used in relation to a recognizance entered into before an officer in charge, or other peace officer, means a recognizance in Form 11, and when used in relation to a recognizance entered into before a justice or judge, means a recognizance in Form 32;(engagement)
summons means a summons in Form 6 issued by a justice or judge; (sommation)
undertaking means an undertaking in Form 11.‍1 or 12; (promesse)
(2) Relevant portion of the definition:
accused includes
(a) a person to whom a peace officer has issued an appearance notice under section 496, and
Clause 212: New.
Clause 213: New.
Clause 214: Existing text of sections 496 and 497:
496 Where, by virtue of subsection 495(2), a peace officer does not arrest a person, he may issue an appearance notice to the person if the offence is
(a) an indictable offence mentioned in section 553;
(b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction; or
(c) an offence punishable on summary conviction.
497 (1) Subject to subsection (1.‍1), if a peace officer arrests a person without warrant for an offence described in paragraph 496(a), (b) or (c), the peace officer shall, as soon as practicable,
(a) release the person from custody with the intention of compelling their appearance by way of summons; or
(b) issue an appearance notice to the person and then release them.
(1.‍1) A peace officer shall not release a person under subsection (1) if the peace officer believes, on reasonable grounds,
(a) that it is necessary in the public interest that the person be detained in custody or that the matter of their release from custody be dealt with under another provision of this Part, having regard to all the circumstances including the need to
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence,
(iii) prevent the continuation or repetition of the offence or the commission of another offence, or
(iv) ensure the safety and security of any victim of or witness to the offence; or
(b) that if the person is released from custody, the person will fail to attend court in order to be dealt with according to law.
(2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
(3) A peace officer who has arrested a person without warrant for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
(a) any proceedings under this or any other Act of Parliament; and
(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).
Clause 215: (1) Existing text of subsection 498(1):
498 (1) Subject to subsection (1.‍1), if a person who has been arrested without warrant by a peace officer is taken into custody, or if a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.‍5(3) of the Customs Act is detained in custody under subsection 503(1) for an offence described in paragraph 496(a), (b) or (c), or any other offence that is punishable by imprisonment for five years or less, and has not been taken before a justice or released from custody under any other provision of this Part, the officer in charge or another peace officer shall, as soon as practicable,
(a) release the person with the intention of compelling their appearance by way of summons;
(b) release the person on their giving a promise to appear;
(c) release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs, but without deposit of money or other valuable security; or
(d) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within 200 kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge or another peace officer without sureties in an amount not exceeding $500 that the officer directs and, if the officer so directs, on depositing with the officer a sum of money or other valuable security not exceeding in amount or value $500, that the officer directs.
(2) Relevant portion of subsection 498(1.‍1):
(1.‍1) The officer in charge or the peace officer shall not release a person under subsection (1) if the officer in charge or peace officer believes, on reasonable grounds,
(3) Existing text of subsection 498(2):
(2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
(4) and (5) Relevant portion of subsection 498(3):
(3) An officer in charge or another peace officer who has the custody of a person taken into or detained in custody for an offence described in subsection (1) and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
Clause 216: Existing text of section 499:
499 (1) Where a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one mentioned in section 522, the officer in charge may, if the warrant has been endorsed by a justice under subsection 507(6),
(a) release the person on the person’s giving a promise to appear;
(b) release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs, but without deposit of money or other valuable security; or
(c) if the person is not ordinarily resident in the province in which the person is in custody or does not ordinarily reside within two hundred kilometres of the place in which the person is in custody, release the person on the person’s entering into a recognizance before the officer in charge without sureties in the amount not exceeding five hundred dollars that the officer in charge directs and, if the officer in charge so directs, on depositing with the officer in charge such sum of money or other valuable security not exceeding in amount or value five hundred dollars, as the officer in charge directs.
(2) In addition to the conditions for release set out in paragraphs (1)‍(a), (b) and (c), the officer in charge may also require the person to enter into an undertaking in Form 11.‍1 in which the person, in order to be released, undertakes to do one or more of the following things:
(a) to remain within a territorial jurisdiction specified in the undertaking;
(b) to notify a peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c) to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d) to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g) to abstain from
(i) the consumption of alcohol or other intoxicating substances, or
(ii) the consumption of drugs except in accordance with a medical prescription; and
(h) to comply with any other condition specified in the undertaking that the officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
(3) A person who has entered into an undertaking under subsection (2) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
(4) Where a person has entered into an undertaking under subsection (2), the prosecutor may
(a) at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
(b) at the appearance,
apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
Clause 217: Existing text of sections 500 to 502:
500 If a person has, under paragraph 498(1)‍(d) or 499(1)‍(c), deposited any sum of money or other valuable security with the officer in charge, the officer in charge shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.
501 (1) An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall
(a) set out the name of the accused;
(b) set out the substance of the offence that the accused is alleged to have committed; and
(c) require the accused to attend court at a time and place to be stated therein and to attend thereafter as required by the court in order to be dealt with according to law.
(2) An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer shall set out the text of subsections 145(5) and (6) and section 502.
(3) An appearance notice issued by a peace officer or a promise to appear given to, or a recognizance entered into before, an officer in charge or another peace officer may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.
(4) An accused shall be requested to sign in duplicate his appearance notice, promise to appear or recognizance and, whether or not he complies with that request, one of the duplicates shall be given to the accused, but if the accused fails or refuses to sign, the lack of his signature does not invalidate the appearance notice, promise to appear or recognizance, as the case may be.
(5) [Repealed, 2008, c. 18, s. 15]
502 Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge or another peace officer to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Clause 218: New.
Clause 219: (1) Existing text of subsections 503(1) to (2.‍3):
503 (1) A peace officer who arrests a person with or without warrant or to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.‍5(3) of the Customs Act shall cause the person to be detained in custody and, in accordance with the following provisions, to be taken before a justice to be dealt with according to law:
(a) where a justice is available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period, and
(b) where a justice is not available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice as soon as possible,
unless, at any time before the expiration of the time prescribed in paragraph (a) or (b) for taking the person before a justice,
(c) the peace officer or officer in charge releases the person under any other provision of this Part, or
(d) the peace officer or officer in charge is satisfied that the person should be released from custody, whether unconditionally under subsection (4) or otherwise conditionally or unconditionally, and so releases him.
(2) If a peace officer or an officer in charge is satisfied that a person described in subsection (1) should be released from custody conditionally, the officer may, unless the person is detained in custody for an offence mentioned in section 522, release that person on the person’s giving a promise to appear or entering into a recognizance in accordance with paragraphs 498(1)‍(b) to (d) and subsection (2.‍1).
(2.‍1) In addition to the conditions referred to in subsection (2), the peace officer or officer in charge may, in order to release the person, require the person to enter into an undertaking in Form 11.‍1 in which the person undertakes to do one or more of the following things:
(a) to remain within a territorial jurisdiction specified in the undertaking;
(b) to notify the peace officer or another person mentioned in the undertaking of any change in his or her address, employment or occupation;
(c) to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, or from going to a place specified in the undertaking, except in accordance with the conditions specified in the undertaking;
(d) to deposit the person’s passport with the peace officer or other person mentioned in the undertaking;
(e) to abstain from possessing a firearm and to surrender any firearm in the possession of the person and any authorization, licence or registration certificate or other document enabling that person to acquire or possess a firearm;
(f) to report at the times specified in the undertaking to a peace officer or other person designated in the undertaking;
(g) to abstain from
(i) the consumption of alcohol or other intoxicating substances, or
(ii) the consumption of drugs except in accordance with a medical prescription; or
(h) to comply with any other condition specified in the undertaking that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence.
(2.‍2) A person who has entered into an undertaking under subsection (2.‍1) may, at any time before or at his or her appearance pursuant to a promise to appear or recognizance, apply to a justice for an order under subsection 515(1) to replace his or her undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
(2.‍3) Where a person has entered into an undertaking under subsection (2.‍1), the prosecutor may
(a) at any time before the appearance of the person pursuant to a promise to appear or recognizance, after three days notice has been given to that person, or
(b) at the appearance,
apply to a justice for an order under subsection 515(2) to replace the undertaking, and section 515 applies, with such modifications as the circumstances require, to such a person.
(2) to (4) Existing text of subsections 503(3.‍1) and (4):
(3.‍1) Notwithstanding paragraph (3)‍(b), a justice may, with the consent of the prosecutor, order that the person referred to in subsection (3), pending the execution of a warrant for the arrest of that person, be released
(a) unconditionally; or
(b) on any of the following terms to which the prosecutor consents, namely,
(i) giving an undertaking, including an undertaking to appear at a specified time before the court that has jurisdiction with respect to the indictable offence that the person is alleged to have committed, or
(ii) entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e)
with such conditions described in subsection 515(4) as the justice considers desirable and to which the prosecutor consents.
(4) A peace officer or an officer in charge having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person unconditionally as soon as practicable after he is satisfied that the continued detention of that person in custody is no longer necessary in order to prevent the commission by him of an indictable offence.
(5) and (6) Relevant portion of subsection 503(5):
(5) Notwithstanding subsection (4), a peace officer or an officer in charge having the custody of a person referred to in that subsection who does not release the person before the expiration of the time prescribed in paragraph (1)‍(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of his duty for the purposes of
.‍.‍. 
(b) any other proceedings, unless in such proceedings it is alleged and established by the person making the allegation that the peace officer or officer in charge did not comply with the requirements of subsection (4).
Clause 220: Existing text of section 505:
505 Where
(a) an appearance notice has been issued to an accused under section 496, or
(b) an accused has been released from custody under section 497 or 498,
an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by him shall be laid before a justice as soon as practicable thereafter and in any event before the time stated in the appearance notice, promise to appear or recognizance issued to or given or entered into by the accused for his attendance in court.
Clause 221: Existing text of subsections 507(6) and (7):
(6) A justice who issues a warrant under this section or section 508 or 512 may, unless the offence is one mentioned in section 522, authorize the release of the accused pursuant to section 499 by making an endorsement on the warrant in Form 29.
(7) Where, pursuant to subsection (6), a justice authorizes the release of an accused pursuant to section 499, a promise to appear given by the accused or a recognizance entered into by the accused pursuant to that section shall be deemed, for the purposes of subsection 145(5), to have been confirmed by a justice under section 508.
Clause 222: Relevant portion of subsection 508(1):
508 (1) A justice who receives an information laid before him under section 505 shall
.‍.‍. 
(b) where he considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice, promise to appear or recognizance or to an included or other offence,
(i) confirm the appearance notice, promise to appear or recognizance, as the case may be, and endorse the information accordingly, or
(ii) cancel the appearance notice, promise to appear or recognizance, as the case may be, and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before him or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice, promise to appear or recognizance, as the case may be, has been cancelled; and
(c) where he considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice, promise to appear or recognizance, as the case may be, and cause the accused to be notified forthwith of the cancellation.
Clause 223: Existing text of subsection 509(4):
(4) There shall be set out in every summons the text of subsection 145(4) and section 510.
Clause 224: Existing text of section 510:
510 Where an accused who is required by a summons to appear at a time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.
Clause 225: (1) and (2) Relevant portion of subsection 512(1):
512 (1) A justice may, where the justice has reasonable and probable grounds to believe that it is necessary in the public interest to issue a summons or a warrant for the arrest of the accused, issue a summons or warrant, notwithstanding that
(a) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed or cancelled under subsection 508(1);
.‍.‍. 
(c) the accused has been released unconditionally or with the intention of compelling his appearance by way of summons.
(3) Relevant portion of subsection 512(2):
(2) Where
.‍.‍. 
(b) an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or another peace officer has been confirmed under subsection 508(1) and the accused fails to attend court in accordance therewith in order to be dealt with according to law, or
Clause 226: New.
Clause 227: (1) to (3) Existing text of subsections 515(1) to (4):
515 (1) Subject to this section, where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.
(2) Where the justice does not make an order under subsection (1), he shall, unless the prosecutor shows cause why the detention of the accused is justified, order that the accused be released
(a) on his giving an undertaking with such conditions as the justice directs;
(b) on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
(c) on his entering into a recognizance before the justice with sureties in such amount and with such conditions, if any, as the justice directs but without deposit of money or other valuable security;
(d) with the consent of the prosecutor, on his entering into a recognizance before the justice, without sureties, in such amount and with such conditions, if any, as the justice directs and on his depositing with the justice such sum of money or other valuable security as the justice directs; or
(e) if the accused is not ordinarily resident in the province in which the accused is in custody or does not ordinarily reside within two hundred kilometres of the place in which he is in custody, on his entering into a recognizance before the justice with or without sureties in such amount and with such conditions, if any, as the justice directs, and on his depositing with the justice such sum of money or other valuable security as the justice directs.
(2.‍1) Where, pursuant to subsection (2) or any other provision of this Act, a justice, judge or court orders that an accused be released on his entering into a recognizance with sureties, the justice, judge or court may, in the order, name particular persons as sureties.
(2.‍2) Where, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the appearance shall be by actual physical attendance of the accused but the justice may, subject to subsection (2.‍3), allow the accused to appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the justice.
(2.‍3) The consent of the prosecutor and the accused is required for the purposes of an appearance if the evidence of a witness is to be taken at the appearance and the accused cannot appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication.
(3) The justice shall not make an order under any of paragraphs (2)‍(b) to (e) unless the prosecution shows cause why an order under the immediately preceding paragraph should not be made.
(4) The justice may direct as conditions under subsection (2) that the accused shall do any one or more of the following things as specified in the order:
(a) report at times to be stated in the order to a peace officer or other person designated in the order;
(b) remain within a territorial jurisdiction specified in the order;
(c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
(d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the justice considers necessary;
(e) where the accused is the holder of a passport, deposit his passport as specified in the order;
(e.‍1) comply with any other condition specified in the order that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and
(f) comply with such other reasonable conditions specified in the order as the justice considers desirable.
(4) Relevant portion of subsection 515(4.‍2):
(4.‍2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.‍3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order
(a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order; or
(5) and (6) Relevant portion of subsection 515(6):
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(a) with an indictable offence, other than an offence listed in section 469,
.‍.‍. 
(iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
(v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in subparagraph (iv),
.‍.‍. 
(c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while he was at large after being released in respect of another offence pursuant to the provisions of this Part or section 679,680 or 816, or
(7) Existing text of subsections 515(7) and (8):
(7) Where an accused to whom paragraph 6(a), (c) or (d) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)‍(a) to (e) with the conditions described in subsections (4) to (4.‍2) or, where the accused was at large on an undertaking or recognizance with conditions, the additional conditions described in subsections (4) to (4.‍2), that the justice considers desirable, unless the accused, having been given a reasonable opportunity to do so, shows cause why the conditions or additional conditions should not be imposed.
(8) Where an accused to whom paragraph (6)‍(b) applies shows cause why the accused’s detention in custody is not justified, the justice shall order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs (2)‍(a) to (e) with the conditions, described in subsections (4) to (4.‍2), that the justice considers desirable.
Clause 228: Existing text of section 515.‍1:
515.‍1 An undertaking or recognizance pursuant to which the accused was released that has been entered into under section 499,503 or 515 may, with the written consent of the prosecutor, be varied, and where so varied, is deemed to have been entered into pursuant to section 515.
Clause 229: New.
Clause 230: Relevant portion of subsection 519(1):
519 (1) Where a justice makes an order under subsection 515(1), (2), (7) or (8),
Clause 231: New.
Clause 232: Existing text of subsection 520(1):
520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)‍(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
Clause 233: Existing text of subsection 521(1):
521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7), (8) or (12) or makes or vacates any order under paragraph 523(2)‍(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
Clause 234: Existing text of subsection 522(3):
(3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may order that the accused be released on giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e) with such conditions described in subsections 515(4), (4.‍1) and (4.‍2) as the judge considers desirable.
Clause 235: (1) Relevant portion of subsection 523(1):
523 (1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or has been released from custody under or by virtue of any provision of this Part, the appearance notice, promise to appear, summons, undertaking or recognizance issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, promise to appear, summons, undertaking or recognizance was issued, given or entered into,
(2) Existing text of subsections 523(1.‍1) and (1.‍2):
(1.‍1) Where an accused, in respect of an offence with which he is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, a new information, charging the same offence or an included offence, is received, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the new information.
(1.‍2) When an accused, in respect of an offence with which the accused is charged, has not been taken into custody or is being detained or has been released from custody under or by virtue of any provision of this Part and after the order for interim release or detention has been made, or the appearance notice, promise to appear, summons, undertaking or recognizance has been issued, given or entered into, and an indictment is preferred under section 577 charging the same offence or an included offence, the order for interim release or detention of the accused and the appearance notice, promise to appear, summons, undertaking or recognizance, if any, applies in respect of the indictment.
Clause 236: Existing text of the heading and section 524:
Arrest of Accused on Interim Release
524 (1) Where a justice is satisfied that there are reasonable grounds to believe that an accused
(a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or
(b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,
he may issue a warrant for the arrest of the accused.
(2) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused
(a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or
(b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,
may arrest the accused without warrant.
(3) Where an accused who has been arrested with a warrant issued under subsection (1), or who has been arrested under subsection (2), is taken before a justice, the justice shall
(a) where the accused was released from custody pursuant to an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court; or
(b) in any other case, hear the prosecutor and his witnesses, if any, and the accused and his witnesses, if any.
(4) Where an accused described in paragraph (3)‍(a) is taken before a judge and the judge finds
(a) that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or
(b) that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,
he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).
(5) Where the judge does not order that the accused be detained in custody pursuant to subsection (4), he may order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e) with such conditions described in subsection 515(4) or, where the accused was at large on an undertaking or a recognizance with conditions, such additional conditions, described in subsection 515(4), as the judge considers desirable.
(6) Any order made under subsection (4) or (5) is not subject to review, except as provided in section 680.
(7) Where the judge does not make a finding under paragraph (4)‍(a) or (b), he shall order that the accused be released from custody.
(8) Where an accused described in subsection (3), other than an accused to whom paragraph (a) of that subsection applies, is taken before the justice and the justice finds
(a) that the accused has contravened or had been about to contravene his summons, appearance notice, promise to appear, undertaking or recognizance, or
(b) that there are reasonable grounds to believe that the accused has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,
he shall cancel the summons, appearance notice, promise to appear, undertaking or recognizance and order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified within the meaning of subsection 515(10).
(9) Where an accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), the justice shall order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e) with such conditions, described in subsection 515(4), as the justice considers desirable.
(10) Where the justice makes an order under subsection (9), he shall include in the record a statement of his reasons for making the order, and subsection 515(9) is applicable with such modifications as the circumstances require in respect thereof.
(11) Where the justice does not make a finding under paragraph (8)‍(a) or (b), he shall order that the accused be released from custody.
(12) The provisions of sections 517,518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 522.
(13) Section 520 applies in respect of any order made under subsection (8) or (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2) or (5), and section 521 applies in respect of any order made under subsection (9) as though the order were an order made by a justice or a judge of the Nunavut Court of Justice under subsection 515(2).
Clause 237: (1) Existing text of subsection 525(1):
525 (1) Where an accused who has been charged with an offence other than an offence listed in section 469 and who is not required to be detained in custody in respect of any other matter is being detained in custody pending his trial for that offence and the trial has not commenced
(a) in the case of an indictable offence, within ninety days from
(i) the day on which the accused was taken before a justice under section 503, or
(ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision, or
(b) in the case of an offence for which the accused is being prosecuted in proceedings by way of summary conviction, within thirty days from
(i) the day on which the accused was taken before a justice under subsection 503(1), or
(ii) where an order that the accused be detained in custody has been made under section 521 or 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision,
the person having the custody of the accused shall, forthwith on the expiration of those ninety or thirty days, as the case may be, apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody.
(2) Existing text of subsections 525(3) to (9):
(3) On the hearing described in subsection (1), the judge may, in deciding whether or not the accused should be released from custody, take into consideration whether the prosecutor or the accused has been responsible for any unreasonable delay in the trial of the charge.
(4) If, following the hearing described in subsection (1), the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall order that the accused be released from custody pending the trial of the charge on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e) with such conditions described in subsection 515(4) as the judge considers desirable.
(5) Where a judge having jurisdiction in the province where an order under subsection (4) for the release of an accused has been made is satisfied that there are reasonable grounds to believe that the accused
(a) has contravened or is about to contravene the undertaking or recognizance on which he has been released, or
(b) has, after his release from custody on his undertaking or recognizance, committed an indictable offence,
he may issue a warrant for the arrest of the accused.
(6) Notwithstanding anything in this Act, a peace officer who believes on reasonable grounds that an accused who has been released from custody under subsection (4)
(a) has contravened or is about to contravene the undertaking or recognizance on which he has been released, or
(b) has, after his release from custody on his undertaking or recognizance, committed an indictable offence,
may arrest the accused without warrant and take him or cause him to be taken before a judge having jurisdiction in the province where the order for his release was made.
(7) A judge before whom an accused is taken pursuant to a warrant issued under subsection (5) or pursuant to subsection (6) may, where the accused shows cause why his detention in custody is not justified within the meaning of subsection 515(10), order that the accused be released on his giving an undertaking or entering into a recognizance described in any of paragraphs 515(2)‍(a) to (e) with such conditions, described in subsection 515(4), as the judge considers desirable.
(8) The provisions of sections 517,518 and 519 apply with such modifications as the circumstances require in respect of any proceedings under this section.
(9) Where an accused is before a judge under any of the provisions of this section, the judge may give directions for expediting the trial of the accused.
Clause 238: Existing text of section 526:
526 Subject to subsection 525(9), a court, judge or justice before which or whom an accused appears pursuant to this Part may give directions for expediting any proceedings in respect of the accused.
Clause 239: Existing text of subsections 530(1) to (4):
530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than
(a) the time of the appearance of the accused at which his trial date is set, if
(i) he is accused of an offence mentioned in section 553 or punishable on summary conviction, or
(ii) the accused is to be tried on an indictment preferred under section 577,
(b) the time of the accused’s election, if the accused elects under section 536 to be tried by a provincial court judge or under section 536.‍1 to be tried by a judge without a jury and without having a preliminary inquiry, or
(c) the time when the accused is ordered to stand trial, if the accused
(i) is charged with an offence listed in section 469,
(ii) has elected to be tried by a court composed of a judge or a judge and jury, or
(iii) is deemed to have elected to be tried by a court composed of a judge and jury,
a justice of the peace, provincial court judge or judge of the Nunavut Court of Justice shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.
(2) On application by an accused whose language is not one of the official languages of Canada, made not later than whichever of the times referred to in paragraphs (1)‍(a) to (c) is applicable, a justice of the peace or provincial court judge may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the justice or provincial court judge, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.
(3) The justice of the peace or provincial court judge before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.
(4) Where an accused fails to apply for an order under subsection (1) or (2) and the justice of the peace, provincial court judge or judge before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.
Clause 240: Existing text of section 535:
535 If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.‍1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
Clause 241: (1) Existing text of subsection 536(2):
(2) If an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
(2) Relevant portion of subsection 536(3):
(3) Where an accused elects to be tried by a provincial court judge, the justice shall endorse on the information a record of the election and shall
(a) where the justice is not a provincial court judge, remand the accused to appear and plead to the charge before a provincial court judge having jurisdiction in the territorial division in which the offence is alleged to have been committed; or
(3) Existing text of subsection 536(4):
(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.
(4) Relevant portion of subsection 536(4.‍1):
(4.‍1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(5) New.
(6) Existing text of subsection 536(5):
(5) Where a justice before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice having jurisdiction in the province where the offence with which the accused is charged is alleged to have been committed has jurisdiction for the purposes of subsection (4).
Clause 242: (1) Existing text of subsections 536.‍1(2) and (3):
(2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words:
You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?
(3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.
(2) Relevant portion of subsection 536.‍1(4):
(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing
(3) New.
Clause 243: Existing text of section 536.‍5:
536.‍5 Whether or not a hearing is held under section 536.‍4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.‍4(2), as the case may be.
Clause 244: (1) and (2) Relevant portion of subsection 537(1):
537 (1) A justice acting under this Part may
.‍.‍. 
(i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.‍4(2) or agreement made under section 536.‍5;
(j) where the prosecutor and the accused so agree, permit the accused to appear by counsel or by closedcircuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the inquiry other than a part in which the evidence of a witness is taken;
.‍.‍. 
(k) for any part of the inquiry other than a part in which the evidence of a witness is taken, require an accused who is confined in prison to appear by closedcircuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
(3) Existing text of subsection 537(1.‍01):
(1.‍01) Where a justice grants a request under paragraph (1)‍(j.‍1), the Court must inform the accused that the evidence taken during his or her absence could still be admissible under section 715.
Clause 245: Relevant portion of subsection 540(1):
540 (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall
(a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and
Clause 246: (1) Existing text of subsection 541(1):
541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, where required by this Part, has been read, the justice shall, subject to this section, hear the witnesses called by the accused.
(2) Existing text of subsection 541(5):
(5) The justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with such modifications as the circumstances require.
Clause 247: (1) Existing text of subsection 543(1):
543 (1) Where an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which he has been charged, the justice before whom he appears or is brought may, at any stage of the inquiry after hearing both parties,
(a) order the accused to appear, or
(b) if the accused is in custody, issue a warrant in Form 15 to convey the accused
before a justice having jurisdiction in the place where the offence is alleged to have been committed, who shall continue and complete the inquiry.
(2) and (3) Relevant portion of subsection 543(2):
(2) Where a justice makes an order or issues a warrant pursuant to subsection (1), he shall cause the transcript of any evidence given before him in the inquiry and all documents that were then before him and that are relevant to the inquiry to be transmitted to a justice having jurisdiction in the place where the offence is alleged to have been committed and
.‍.‍. 
(b) any appearance notice, promise to appear, undertaking or recognizance issued to or given or entered into by the accused under Part XVI shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)‍(a).
Clause 248: Existing text of subsection 544(5):
(5) Where, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued pursuant to subsection (1), the accused is absent but counsel for the accused is present, he or she shall be given an opportunity to call witnesses on behalf of the accused and subsection 541(5) applies with such modifications as the circumstances require.
Clause 249: Existing text of subsection 549(1.‍1):
(1.‍1) If the prosecutor and the accused agree under section 536.‍5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.
Clause 250: Existing text of subsection 550(2):
(2) A recognizance entered into pursuant to this section may be in Form 32, and may be set out at the end of a deposition or be separate therefrom.
Clause 251: Existing text of section 551:
551 Where a justice orders an accused to stand trial, the justice shall forthwith send to the clerk or other proper officer of the court by which the accused is to be tried, the information, the evidence, the exhibits, the statement if any of the accused taken down in writing under section 541, any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
Clause 252: Existing text of subsection 551.‍1(3):
(3) In the case of a trial for an indictable offence, other than a trial before a provincial court judge, the application or appointment may only be made after the prosecution prefers the indictment.
Clause 253: (1) to (3) Relevant portion of subsection 551.‍3(1):
551.‍3 (1) In performing his or her duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, may exercise the powers that a trial judge has before that stage, including
Clause 254: (1) and (2) Relevant portion of section 555:
555 (1) Where in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, he may, at any time before the accused has entered on his defence, decide not to adjudicate and shall thereupon inform the accused of his decision and continue the proceedings as a preliminary inquiry.
(2) Where an accused is before a provincial court judge charged with an offence mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the provincial court judge shall put the accused to his or her election in accordance with subsection 536(2).
(3) Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely,
(a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election; and
Clause 255: Existing text of section 555.‍1:
555.‍1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision and continue the proceedings as a preliminary inquiry.
(2) If an accused is before a judge of the Nunavut Court of Justice charged with an indictable offence mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject-matter of the offence is a testamentary instrument or that its value exceeds five thousand dollars, the judge shall put the accused to an election in accordance with subsection 536.‍1(2).
(3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.‍1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election.
(4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3), the judge shall endorse on the information a record of the election and continue with the trial.
(5) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.
Clause 256: (1) Existing text of subsections 561(1) to (5):
561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect
(a) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge;
(b) at any time before the completion of the preliminary inquiry or before the fifteenth day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge; and
(c) on or after the fifteenth day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor.
(2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.
(3) Where an accused wishes to re-elect under subsection (1) before the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,
(a) in the case of a re-election under paragraph (1)‍(b), put the accused to his re-election in the manner set out in subsection (7); or
(b) where the accused wishes to re-elect under paragraph (1)‍(a) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.
(4) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect together with the written consent of the prosecutor, where that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.
(5) Where an accused wishes to re-elect under subsection (1) after the completion of the preliminary inquiry, the accused shall give notice in writing that he wishes to re-elect, together with the written consent of the prosecutor, where that consent is required, to a judge or clerk of the court of his original election who shall, on receipt of the notice, notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
(4) Existing text of subsection 561(6):
(6) Where a provincial court judge or judge or clerk of the court is notified under paragraph (3)‍(b) or subsection (4) or (5) that the accused wishes to re-elect, the provincial court judge or judge shall forthwith appoint a time and place for the accused to re-elect and shall cause notice thereof to be given to the accused and the prosecutor.
(5) Existing text of subsection 561(7):
(7) The accused shall attend or, if he is in custody, shall be produced at the time and place appointed under subsection (6) and shall, after
(a) the charge on which he has been ordered to stand trial or the indictment, where an indictment has been preferred pursuant to section 566,574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or
(b) in the case of a re-election under subsection (1) before the completion of the preliminary inquiry or under subsection (2), the information
has been read to the accused, be put to his re-election in the following words or in words to the like effect:
You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?
Clause 257: (1) Existing text of subsections 561.‍1(2) and (3):
(2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.‍1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.
(3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.‍1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion.
(2) Existing text of subsection 561.‍1(4):
(4) If an accused wishes to re-elect under subsection (1) or (3), before the completion of the preliminary inquiry, the accused shall give notice in writing of the wish to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice of the peace or judge presiding at the preliminary inquiry who shall on receipt of the notice put the accused to a re-election in the manner set out in subsection (9).
(3) and (4) Existing text of subsection 561.‍1(5) and (6):
(5) If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.‍1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.
(6) If an accused who has not requested a preliminary inquiry under subsection 536.‍1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
(5) Existing text of subsection 561.‍1(9):
(9) The accused shall attend or, if in custody, shall be produced at the time and place appointed under subsection (8) and shall, after
(a) the charge on which the accused has been ordered to stand trial or the indictment, if an indictment has been preferred pursuant to section 566,574 or 577 or is filed with the court before which the indictment is to be preferred pursuant to section 577, or
(b) in the case of a re-election under subsection (1) or (3), before the completion of the preliminary inquiry or under subsection (2), the information
has been read to the accused, be put to a re-election in the following words or in words to the like effect:
You have given notice of your wish to re-elect the mode of your trial. You now have the option to do so. How do you wish to re-elect?
Clause 258: Existing text of section 562:
562 (1) Where the accused re-elects under paragraph 561(1)‍(a) before the completion of the preliminary inquiry or under subsection 561(1) after the completion of the preliminary inquiry, the provincial court judge or judge, as the case may be, shall proceed with the trial or appoint a time and place for the trial.
(2) Where the accused re-elects under paragraph 561(1)‍(b) before the completion of the preliminary inquiry or under subsection 561(2), the justice shall proceed with the preliminary inquiry.
Clause 259: Existing text of subsection 562.‍1(1):
562.‍1 (1) If the accused re-elects under subsection 561.‍1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3), the judge shall proceed with the trial or appoint a time and place for the trial.
Clause 260: Relevant portion of section 563:
563 Where an accused re-elects under section 561 to be tried by a provincial court judge,
(a) the accused shall be tried on the information that was before the justice at the preliminary inquiry, subject to any amendments thereto that may be allowed by the provincial court judge by whom the accused is tried; and
Clause 261: Relevant portion of subsection 563.‍1(1):
563.‍1 (1) If an accused re-elects under section 561.‍1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.‍1(3),
(a) the accused shall be tried on the information that was before the justice of the peace or judge at the preliminary inquiry, subject to any amendments that may be allowed by the judge by whom the accused is tried; and
Clause 262: (1) Existing text of subsections 565(1) and (2):
565 (1) Subject to subsection (1.‍1), if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
(a) the accused was ordered to stand trial by a provincial court judge who, pursuant to subsection 555(1), continued the proceedings before him as a preliminary inquiry;
(b) the justice, provincial court judge or judge, as the case may be, declined pursuant to section 567 to record the election or re-election of the accused; or
(c) the accused does not elect when put to an election under section 536.
(1.‍1) With respect to criminal proceedings in Nunavut, if an accused is ordered to stand trial for an offence that, under this Part, may be tried by a judge without a jury, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury if
(a) the accused was ordered to stand trial by a judge who, under subsection 555.‍1(1), continued the proceedings as a preliminary inquiry;
(b) the justice of the peace or judge, as the case may be, declined pursuant to subsection 567.‍1(1) to record the election or re-election of the accused; or
(c) the accused did not elect when put to an election under section 536.‍1.
(2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.‍1(3) and may re-elect to be tried by a judge without a jury without a preliminary inquiry.
(2) Existing text of subsection 565(3):
(3) Where an accused wishes to re-elect under subsection (2), the accused shall give notice in writing that he wishes to re-elect to a judge or clerk of the court where the indictment has been filed or preferred who shall, on receipt of the notice, notify a judge having jurisdiction or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect and send to that judge or clerk the indictment and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, any summons or warrant issued under section 578, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.
Clause 263: Existing text of subsection 566.‍1(1):
566.‍1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.‍1(3), must be on an indictment in writing setting out the offence with which the accused is charged.
Clause 264: (1) Existing text of subsections 570(1) and (2):
570 (1) Where an accused who is tried under this Part is determined by a judge or provincial court judge to be guilty of an offence on acceptance of a plea of guilty or on a finding of guilt, the judge or provincial court judge, as the case may be, shall endorse the information accordingly and shall sentence the accused or otherwise deal with the accused in the manner authorized by law and, on request by the accused, the prosecutor, a peace officer or any other person, shall cause a conviction in Form 35 and a certified copy of it, or an order in Form 36 and a certified copy of it, to be drawn up and shall deliver the certified copy to the person making the request.
(2) Where an accused who is tried under this Part is found not guilty of an offence with which the accused is charged, the judge or provincial court judge, as the case may be, shall immediately acquit the accused in respect of that offence and shall cause an order in Form 37 to be drawn up, and on request shall make out and deliver to the accused a certified copy of the order.
(2) Existing text of subsections 570(5) and (6):
(5) Where an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue or cause to be issued a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection.
(6) Where a warrant of committal is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
Clause 265: Existing text of subsection 574(1.‍1):
(1.‍1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.‍1(3) into the charge, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations.
Clause 266: Existing text of subsection 579(1):
579 (1) The Attorney General or counsel instructed by him for that purpose may, at any time after any proceedings in relation to an accused or a defendant are commenced and before judgment, direct the clerk or other proper officer of the court to make an entry on the record that the proceedings are stayed by his direction, and such entry shall be made forthwith thereafter, whereupon the proceedings shall be stayed accordingly and any recognizance relating to the proceedings is vacated.
Clause 267: (1) and (2) Relevant portion of subsection 579.‍1(1):
579.‍1 (1) The Attorney General of Canada or counsel instructed by him or her for that purpose may intervene in proceedings in the following circumstances:
(a) the proceedings are in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of an Act of Parliament or a regulation made under that Act, other than this Act or a regulation made under this Act;
.‍.‍. 
(d) the Attorney General of the province in which the proceedings are taken has not intervened.
(3) Existing text of subsection 579.‍1(2):
(2) Section 579 applies, with such modifications as the circumstances require, to proceedings in which the Attorney General of Canada intervenes pursuant to this section.
Clause 268: Existing text of subsection 597(3):
(3) Where an accused is arrested under a warrant issued under subsection (1), a judge of the court that issued the warrant may order that the accused be released on his giving an undertaking that he will do any one or more of the following things as specified in the order, namely,
(a) report at times to be stated in the order to a peace officer or other person designated in the order;
(b) remain within a territorial jurisdiction specified in the order;
(c) notify the peace officer or other person designated under paragraph (a) of any change in his address or his employment or occupation;
(d) abstain from communicating with any witness or other person expressly named in the order except in accordance with such conditions specified in the order as the judge deems necessary;
(e) where the accused is the holder of a passport, deposit his passport as specified in the order; and
(f) comply with such other reasonable conditions specified in the order as the judge considers desirable.
Clause 269: Relevant portion of subsection 599(1):
599 (1) A court before which an accused is or may be indicted, at any term or sittings thereof, or a judge who may hold or sit in that court, may at any time before or after an indictment is found, on the application of the prosecutor or the accused, order the trial to be held in a territorial division in the same province other than that in which the offence would otherwise be tried if
(a) it appears expedient to the ends of justice; or
Clause 270: (1) and (2) Relevant portion of subsection 606(1.‍1):
(1.‍1) A court may accept a plea of guilty only if it is satisfied that the accused
(a) is making the plea voluntarily; and
(b) understands
Clause 271: Existing text of sections 633 and 634:
633 The judge may direct a juror who has been called pursuant to subsection 631(3) or (3.‍1) to stand by for reasons of personal hardship or any other reasonable cause.
634 (1) A juror may be challenged peremptorily whether or not the juror has been challenged for cause pursuant to section 638.
(2) Subject to subsections (2.‍1) to (4), the prosecutor and the accused are each entitled to
(a) twenty peremptory challenges, where the accused is charged with high treason or first degree murder;
(b) twelve peremptory challenges, where the accused is charged with an offence, other than an offence mentioned in paragraph (a), for which the accused may be sentenced to imprisonment for a term exceeding five years; or
(c) four peremptory challenges, where the accused is charged with an offence that is not referred to in paragraph (a) or (b).
(2.‍01) If the judge orders under subsection 631(2.‍2) that 13 or 14 jurors be sworn in accordance with this Part, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one in the case of 13 jurors or two in the case of 14 jurors.
(2.‍1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror.
(2.‍2) For the purposes of replacing jurors under subsection 644(1.‍1), the prosecutor and the accused are each entitled to one peremptory challenge for each juror to be replaced.
(3) Where two or more counts in an indictment are to be tried together, the prosecutor and the accused are each entitled only to the number of peremptory challenges provided in respect of the count for which the greatest number of peremptory challenges is available.
(4) Where two or more accused are to be tried together,
(a) each accused is entitled to the number of peremptory challenges to which the accused would be entitled if tried alone; and
(b) the prosecutor is entitled to the total number of peremptory challenges available to all the accused.
Clause 272: Existing text of subsection 635(1):
635 (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror, for cause or peremptorily, and thereafter the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.
Clause 273: Relevant portion of subsection 638(1):
638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that
.‍.‍. 
(b) a juror is not indifferent between the Queen and the accused;
(c) a juror has been convicted of an offence for which he was sentenced to death or to a term of imprisonment exceeding twelve months;
(d) a juror is an alien;
Clause 274: Existing text of section 640:
640 (1) Where the ground of a challenge is that the name of a juror does not appear on the panel, the issue shall be tried by the judge on the voir dire by the inspection of the panel, and such other evidence as the judge thinks fit to receive.
(2) If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.‍1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.
(2.‍1) If the challenge is for cause and if the ground of the challenge is one that is not mentioned in subsection (1), on the application of the accused, the court may order the exclusion of all jurors — sworn and unsworn — from the court room until it is determined whether the ground of challenge is true, if the court is of the opinion that such an order is necessary to preserve the impartiality of the jurors.
(2.‍2) If an order is made under subsection (2.‍1), two unsworn jurors, who are then exempt from the order, or two persons present who are appointed by the court for that purpose, shall be sworn to determine whether the ground of challenge is true. Those persons so appointed shall exercise their duties until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection 631(2.‍2) — and any alternate jurors are sworn.
(3) Where the finding, pursuant to subsection (1), (2) or (2.‍2) is that the ground of challenge is not true, the juror shall be sworn, but if the finding is that the ground of challenge is true, the juror shall not be sworn.
(4) Where, after what the court considers to be a reasonable time, the two persons who are sworn to determine whether the ground of challenge is true are unable to agree, the court may discharge them from giving a verdict and may direct two other persons to be sworn to determine whether the ground of challenge is true.
Clause 275: New.
Clause 276: Existing text of subsections 650(1.‍1) and (1.‍2):
(1.‍1) Where the court so orders, and where the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken.
(1.‍2) Where the court so orders, an accused who is confined in prison may appear by closed-circuit television or any other means that allow the court and the accused to engage in simultaneous visual and oral communication, for any part of the trial other than a part in which the evidence of a witness is taken, if the accused is given the opportunity to communicate privately with counsel, in a case in which the accused is represented by counsel.
Clause 277: Existing text of section 650.‍02:
650.‍02 The prosecutor or the counsel designated under section 650.‍01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously.
Clause 278: New.
Clause 279: Existing text of section 672.‍46:
672.‍46 (1) Where the court does not make a disposition in respect of the accused at a disposition hearing, any order for the interim release or detention of the accused or any appearance notice, promise to appear, summons, undertaking or recognizance in respect of the accused that is in force at the time the verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered continues in force, subject to its terms, until the Review Board makes a disposition.
(2) Notwithstanding subsection (1), a court may, on cause being shown, vacate any order, appearance notice, promise to appear, summons, undertaking or recognizance referred to in that subsection and make any other order for the interim release or detention of the accused that the court considers to be appropriate in the circumstances, including an order directing that the accused be detained in custody in a hospital pending a disposition by the Review Board in respect of the accused.
Clause 280: Existing text of subsection 672.‍5(13):
(13) Where the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by closed-circuit television or any other means that allow the court or Review Board and the accused to engage in simultaneous visual and oral communication, for any part of the hearing.
Clause 281: Relevant portion of the definition:
sentence includes
.‍.‍. 
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 259,261 or 462.‍37, subsection 491.‍1(2), 730(1) or 737(3) or section 738,739,742.‍1,742.‍3,743.‍6,745.‍4 or 745.‍5,
Clause 282: (1) Existing text of subsections 679(5) to (6):
(5) Where the judge of the court of appeal does not refuse the application of the appellant, he shall order that the appellant be released
(a) on his giving an undertaking to the judge, without conditions or with such conditions as the judge directs, to surrender himself into custody in accordance with the order, or
(b) on his entering into a recognizance
(i) with one or more sureties,
(ii) with deposit of money or other valuable security,
(iii) with both sureties and deposit, or
(iv) with neither sureties nor deposit,
in such amount, subject to such conditions, if any, and before such justice as the judge directs,
(c) [Repealed, R.‍S.‍, 1985, c. 27 (1st Supp.‍), s. 141]
and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.
(5.‍1) The judge may direct that the undertaking or recognizance referred to in subsection (5) include the conditions described in subsections 515(4), (4.‍1) and (4.‍2) that the judge considers desirable.
(6) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (5) of this section.
(2) Existing text of subsection 679(9):
(9) An undertaking under this section may be in Form 12 and a recognizance under this section may be in Form 32.
Clause 283: Relevant portion of subsection 680(1):
680 (1) A decision made by a judge under section 522 or subsection 524(4) or (5) or a decision made by a judge of the court of appeal under section 261 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
Clause 284: (1) Existing text of subsection 683(2.‍1):
(2.‍1) In proceedings under this section, the court of appeal may order that the presence of a party may be by any technological means satisfactory to the court that permits the court and the other party or parties to communicate simultaneously.
(2) New.
(3) Existing text of subsection 683(5.‍1):
(5.‍1) Before making an order under paragraph (5)‍(e) or (f), the court of appeal, or a judge of that court, may order the offender to enter into an undertaking or recognizance.
(4) Existing text of subsection 683(7):
(7) If the offender has been ordered to enter into an undertaking or recognizance under subsection (5.‍1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that undertaking or recognizance and the period during which they were imposed.
Clause 285: Relevant portion of subsection 686(5.‍01):
(5.‍01) If an appeal is taken in respect of proceedings under Part XIX and the Court of Appeal of Nunavut orders a new trial under Part XXI, the following provisions apply:
.‍.‍. 
(b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a further preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;
Clause 286: Relevant portion of subsection 688(2.‍1):
(2.‍1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,
(a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and
(b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication.
Clause 287: Existing text of subsections 699(5) and (5.‍1):
(5) A subpoena or warrant that is issued by a justice or provincial court judge under this Part shall be signed by the justice or provincial court judge.
(5.‍1) Notwithstanding anything in subsections (1) to (5), in the case of an offence referred to in subsection 278.‍2(1), a subpoena requiring a witness to bring to the court a record, the production of which is governed by sections 278.‍1 to 278.‍91, must be issued and signed by a judge.
Clause 288: Existing text of subsection 700.‍1(1):
700.‍1 (1) If a person is to give evidence under section 714.‍1 or 714.‍3 or under subsection 46(2) of the Canada Evidence Act — or is to give evidence or a statement pursuant to an order made under section 22.‍2 of the Mutual Legal Assistance in Criminal Matters Act — at a place within the jurisdiction of a court referred to in subsection 699(1) or (2) where the technology is available, a subpoena shall be issued out of the court to order the person to give that evidence at such a place.
Clause 289: (1) and (2) Relevant portion of subsection 705(1):
705 (1) Where a person who has been served with a subpoena to give evidence in a proceeding does not attend or remain in attendance, the court, judge, justice or provincial court judge before whom that person was required to attend may, if it is established
.‍.‍. 
issue or cause to be issued a warrant in Form 17 for the arrest of that person.
(3) Existing text of subsection 705(2):
(2) Where a person who has been bound by a recognizance to attend to give evidence in any proceeding does not attend or does not remain in attendance, the court, judge, justice or provincial court judge before whom that person was bound to attend may issue or cause to be issued a warrant in Form 17 for the arrest of that person.
(4) Existing text of subsection 705(3):
(3) A warrant that is issued by a justice or provincial court judge pursuant to subsection (1) or (2) may be executed anywhere in Canada.
Clause 290: Existing text of section 706:
706 Where a person is brought before a court, judge, justice or provincial court judge under a warrant issued pursuant to subsection 698(2) or section 704 or 705, the court, judge, justice or provincial court judge may order that the person
(a) be detained in custody, or
(b) be released on recognizance in Form 32, with or without sureties,
to appear and give evidence when required.
Clause 291: Existing text of subsection 707(3):
(3) If the judge before whom a witness is brought under this section is not satisfied that the continued detention of the witness is justified, he shall order him to be discharged, or to be released on recognizance in Form 32, with or without sureties, to appear and to give evidence when required, but if the judge is satisfied that the continued detention of the witness is justified, he may order his continued detention until the witness does what is required of him pursuant to section 550 or the trial is concluded, or until the witness appears and gives evidence when required, as the case may be, except that the total period of detention of the witness from the time he was first detained in custody shall not in any case exceed ninety days.
Clause 292: Existing text of subsection 708(2):
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding ninety days or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to his detention, if any.
Clause 293: Existing text of sections 714.‍1 to 714.‍8:
714.‍1 A court may order that a witness in Canada give evidence by means of technology that permits the witness to testify elsewhere in Canada in the virtual presence of the parties and the court, if the court is of the opinion that it would be appropriate in all the circumstances, including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness had to be physically present; and
(c) the nature of the witness’ anticipated evidence.
714.‍2 (1) A court shall receive evidence given by a witness outside Canada by means of technology that permits the witness to testify in the virtual presence of the parties and the court unless one of the parties satisfies the court that the reception of such testimony would be contrary to the principles of fundamental justice.
(2) A party who wishes to call a witness to give evidence under subsection (1) shall give notice to the court before which the evidence is to be given and the other parties of their intention to do so not less than ten days before the witness is scheduled to testify.
714.‍3 The court may order that a witness in Canada give evidence by means of technology that permits the parties and the court to hear and examine the witness elsewhere in Canada, if the court is of the opinion that it would be appropriate, considering all the circumstances including
(a) the location and personal circumstances of the witness;
(b) the costs that would be incurred if the witness had to be physically present;
(c) the nature of the witness’ anticipated evidence; and
(d) any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.
714.‍4 The court may receive evidence given by a witness outside Canada by means of technology that permits the parties and the court in Canada to hear and examine the witness, if the court is of the opinion that it would be appropriate, considering all the circumstances including
(a) the nature of the witness’ anticipated evidence; and
(b) any potential prejudice to either of the parties caused by the fact that the witness would not be seen by them.
714.‍5 The evidence given under section 714.‍2 or 714.‍4 shall be given
(a) under oath or affirmation in accordance with Canadian law;
(b) under oath or affirmation in accordance with the law in the place in which the witness is physically present; or
(c) in any other manner that demonstrates that the witness understands that they must tell the truth.
714.‍6 When a witness who is outside Canada gives evidence under section 714.‍2 or 714.‍4, the evidence is deemed to be given in Canada, and given under oath or affirmation in accordance with Canadian law, for the purposes of the laws relating to evidence, procedure, perjury and contempt of court.
714.‍7 A party who wishes to call a witness to give evidence by means of the technology referred to in section 714.‍1,714.‍2,714.‍3 or 714.‍4 shall pay any costs associated with the use of the technology.
714.‍8 Nothing in sections 714.‍1 to 714.‍7 is to be construed as preventing a court from receiving evidence by means of the technology referred to in sections 714.‍1 to 714.‍4 if the parties so consent.
Clause 294: New.
Clause 295: New.
Clause 296: Relevant portion of subsection 718.‍2(a):
718.‍2 A court that imposes a sentence shall also take into consideration the following principles:
(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
.‍.‍. 
(ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner,
Clause 297: New.
Clause 298: Existing text of subsection 719(3.‍1):
(3.‍1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.‍1) or the person was detained in custody under subsection 524(4) or (8).
Clause 299: Existing text of subsection 730(2):
(2) Subject to Part XVI, where an accused who has not been taken into custody or who has been released from custody under or by virtue of any provision of Part XVI pleads guilty of or is found guilty of an offence but is not convicted, the appearance notice, promise to appear, summons, undertaking or recognizance issued to or given or entered into by the accused continues in force, subject to its terms, until a disposition in respect of the accused is made under subsection (1) unless, at the time the accused pleads guilty or is found guilty, the court, judge or justice orders that the accused be taken into custody pending such a disposition.
Clause 300: (1) Relevant portion of subsection 732.‍1(2):
(2) The court shall prescribe, as conditions of a probation order, that the offender do all of the following:
.‍.‍. 
(a.‍1) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless
(i) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent, or
(ii) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition;
(2) Existing text of subsections 732.‍1(2.‍1) and (2.‍2):
(2.‍1) For the purposes of subparagraph (2)‍(a.‍1)‍(i), the consent is valid only if it is given in writing or in the manner specified in the order.
(2.‍2) If the court makes the decision described in subparagraph (2)‍(a.‍1)‍(ii), it shall state the reasons for the decision in the record.
(3) Relevant portion of subsection 732.‍1(3):
(3) The court may prescribe, as additional conditions of a probation order, that the offender do one or more of the following:
Clause 301: Relevant portion of subsection 733.‍1(1):
733.‍1 (1) An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months, or to a fine of not more than $5000, or to both.
Clause 302: Relevant portion of subsection 734(5):
(5) The term of imprisonment referred to in subsection (4) is the lesser of
.‍.‍. 
(b) the maximum term of imprisonment that the court could itself impose on conviction or, if the punishment for the offence does not include a term of imprisonment, five years in the case of an indictable offence or six months in the case of a summary conviction offence.
Clause 303: Existing text of section 734.‍4:
734.‍4 (1) Where a fine or forfeiture is imposed or a recognizance is forfeited and no provision, other than this section, is made by law for the application of the proceeds thereof, the proceeds belong to Her Majesty in right of the province in which the fine or forfeiture was imposed or the recognizance was forfeited, and shall be paid by the person who receives them to the treasurer of that province.
(2) Where
(a) a fine or forfeiture is imposed
(i) in respect of a contravention of a revenue law of Canada,
(ii) in respect of a breach of duty or malfeasance in office by an officer or employee of the Government of Canada, or
(iii) in respect of any proceedings instituted at the instance of the Government of Canada in which that government bears the costs of prosecution, or
(b) a recognizance in connection with proceedings mentioned in paragraph (a) is forfeited,
the proceeds of the fine, forfeiture or recognizance belong to Her Majesty in right of Canada and shall be paid by the person who receives them to the Receiver General.
(3) Where a provincial, municipal or local authority bears, in whole or in part, the expense of administering the law under which a fine or forfeiture is imposed or under which proceedings are taken in which a recognizance is forfeited,
(a) the lieutenant governor in council of a province may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of the province shall be paid to that authority; and
(b) the Governor in Council may direct that the proceeds of a fine, forfeiture or recognizance that belongs to Her Majesty in right of Canada shall be paid to that authority.
Clause 304: (1) Existing text of subsection 737(1):
737 (1) An offender who is convicted, or discharged under section 730, of an offence under this Act or the Controlled Drugs and Substances Act shall pay a victim surcharge, in addition to any other punishment imposed on the offender.
(2) New.
(3) Relevant portion of subsection 737(9):
(9) Subsections 734(3) to (7) and sections 734.‍3,734.‍5,734.‍7,734.‍8 and 736 apply, with any modifications that the circumstances require, in respect of a victim surcharge imposed under subsection (1) and, in particular,
(4) New.
Clause 305: Relevant portion of subsection 738(1):
738 (1) Where an offender is convicted or discharged under section 730 of an offence, the court imposing sentence on or discharging the offender may, on application of the Attorney General or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows:
.‍.‍. 
(c) in the case of bodily harm or threat of bodily harm to the offender’s spouse or common-law partner or child, or any other person, as a result of the commission of the offence or the arrest or attempted arrest of the offender, where the spouse or common-law partner, child or other person was a member of the offender’s household at the relevant time, by paying to the person in question, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount not exceeding actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, where the amount is readily ascertainable;
Clause 306: (1) Existing text of subsections 742.‍3(1.‍1) to (1.‍3):
(1.‍1) The court shall prescribe, as a condition of a conditional sentence order, that the offender abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or refrain from going to any place specified in the order, except in accordance with the conditions specified in the order that the court considers necessary, unless
(a) the victim, witness or other person gives their consent or, if the victim, witness or other person is a minor, the parent or guardian, or any other person who has the lawful care or charge of them, gives their consent; or
(b) the court decides that, because of exceptional circumstances, it is not appropriate to impose the condition.
(1.‍2) For the purposes of paragraph (1.‍1)‍(a), the consent is valid only if it is given in writing or in the manner specified in the order.
(1.‍3) If the court makes the decision described in paragraph (1.‍1)‍(b), it shall state the reasons for the decision in the record.
(2) Relevant portion of subsection 742.‍3(2):
(2) The court may prescribe, as additional conditions of a conditional sentence order, that the offender do one or more of the following:
Clause 307: Relevant portion of subsection 742.‍6(1):
742.‍6 (1) For the purpose of proceedings under this section,
.‍.‍. 
(e) if an offender is arrested for the alleged breach, the peace officer who makes the arrest, the officer in charge or a judge or justice may release the offender and the offender’s appearance may be compelled under the provisions referred to in paragraph (a); and
Clause 308: Relevant portion of subsection 743.‍21(2):
(2) Every person who fails, without lawful excuse, the proof of which lies on that person, to comply with the order
.‍.‍. 
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Clause 309: New.
Clause 310: Existing text of subsection 753.‍3(1):
753.‍3 (1) An offender who, without reasonable excuse, fails or refuses to comply with long-term supervision is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.
Clause 311: Existing text of the heading:
Effect and Enforcement of Recognizances
Clause 312: Existing text of subsection 762(1):
762 (1) Applications for the forfeiture of recognizances shall be made to the courts, designated in column II of the schedule, of the respective provinces designated in column I of the schedule.
Clause 313: Existing text of sections 763 to 768:
763 Where a person is bound by recognizance to appear before a court, justice or provincial court judge for any purpose and the session or sittings of that court or the proceedings are adjourned or an order is made changing the place of trial, that person and his sureties continue to be bound by the recognizance in like manner as if it had been entered into with relation to the resumed proceedings or the trial at the time and place at which the proceedings are ordered to be resumed or the trial is ordered to be held.
764 (1) Where an accused is bound by recognizance to appear for trial, his arraignment or conviction does not discharge the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be.
(2) Notwithstanding subsection (1), the court, justice or provincial court judge may commit an accused to prison or may require him to furnish new or additional sureties for his appearance until he is discharged or sentenced, as the case may be.
(3) The sureties of an accused who is bound by recognizance to appear for trial are discharged if he is committed to prison pursuant to subsection (2).
(4) The provisions of section 763 and subsections (1) to (3) of this section shall be endorsed on any recognizance entered into pursuant to this Act.
765 Where an accused is bound by recognizance to appear for trial, his arrest on another charge does not vacate the recognizance, but it continues to bind him and his sureties, if any, for his appearance until he is discharged or sentenced, as the case may be, in respect of the offence to which the recognizance relates.
766 (1) A surety for a person who is bound by recognizance to appear may, by an application in writing to a court, justice or provincial court judge, apply to be relieved of his obligation under the recognizance, and the court, justice or provincial court judge shall thereupon issue an order in writing for committal of that person to the prison nearest to the place where he was, under the recognizance, bound to appear.
(2) An order under subsection (1) shall be given to the surety and on receipt thereof he or any peace officer may arrest the person named in the order and deliver that person with the order to the keeper of the prison named therein, and the keeper shall receive and imprison that person until he is discharged according to law.
(3) Where a court, justice or provincial court judge issues an order under subsection (1) and receives from the sheriff a certificate that the person named in the order has been committed to prison pursuant to subsection (2), the court, justice or provincial court judge shall order an entry of the committal to be endorsed on the recognizance.
(4) An endorsement under subsection (3) vacates the recognizance and discharges the sureties.
767 A surety for a person who is bound by recognizance to appear may bring that person into the court at which he is required to appear at any time during the sittings thereof and before his trial and the surety may discharge his obligation under the recognizance by giving that person into the custody of the court, and the court shall thereupon commit that person to prison until he is discharged according to law.
767.‍1 (1) Notwithstanding subsection 766(1) and section 767, where a surety for a person who is bound by a recognizance has rendered the person into the custody of a court pursuant to section 767 or applies to be relieved of his obligation under the recognizance pursuant to subsection 766(1), the court, justice or provincial court judge, as the case may be, may, instead of committing or issuing an order for the committal of the person to prison, substitute any other suitable person for the surety under the recognizance.
(2) Where a person substituted for a surety under a recognizance pursuant to subsection (1) signs the recognizance, the original surety is discharged, but the recognizance and the order for judicial interim release pursuant to which the recognizance was entered into are not otherwise affected.
768 Nothing in this Part limits or restricts any right that a surety has of taking and giving into custody any person for whom, under a recognizance, he is a surety.
Clause 314: Existing text of sections 770 and 771:
770 (1) Where, in proceedings to which this Act applies, a person who is bound by recognizance does not comply with a condition of the recognizance, a court, justice or provincial court judge having knowledge of the facts shall endorse or cause to be endorsed on the recognizance a certificate in Form 33 setting out
(a) the nature of the default;
(b) the reason for the default, if it is known;
(c) whether the ends of justice have been defeated or delayed by reason of the default; and
(d) the names and addresses of the principal and sureties.
(2) A recognizance that has been endorsed pursuant to subsection (1) shall be sent to the clerk of the court and shall be kept by him with the records of the court.
(3) A certificate that has been endorsed on a recognizance pursuant to subsection (1) is evidence of the default to which it relates.
(4) Where, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of a recognizance, that money shall be sent to the clerk of the court with the defaulted recognizance, to be dealt with in accordance with this Part.
771 (1) Where a recognizance has been endorsed with a certificate pursuant to section 770 and has been received by the clerk of the court pursuant to that section,
(a) a judge of the court shall, on the request of the clerk of the court or the Attorney General or counsel acting on his behalf, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and
(b) the clerk of the court shall, not less than ten days before the time fixed under paragraph (a) for the hearing, send by registered mail, or have served in the manner directed by the court or prescribed by the rules of court, to each principal and surety named in the recognizance, directed to the principal or surety at the address set out in the certificate, a notice requiring the person to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.
(2) Where subsection (1) has been complied with, the judge may, after giving the parties an opportunity to be heard, in his discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he considers proper.
(3) Where, pursuant to subsection (2), a judge orders forfeiture of a recognizance, the principal and his sureties become judgment debtors of the Crown, each in the amount that the judge orders him to pay.
(3.‍1) An order made under subsection (2) may be filed with the clerk of the superior court and if an order is filed, the clerk shall issue a writ of fieri facias in Form 34 and deliver it to the sheriff of each of the territorial divisions in which the principal or any surety resides, carries on business or has property.
(4) Where a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Clause 316: Existing text of subsection 779(2):
(2) The provisions of Part XXV relating to forfeiture of recognizances apply to a recognizance entered into under this section.
Clause 317: Relevant portion of the definition:
sentence includes
.‍.‍. 
(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(3) or section 738,739,742.‍1 or 742.‍3,
Clause 318: Existing text of subsection 786(2):
(2) No proceedings shall be instituted more than six months after the time when the subject-matter of the proceedings arose, unless the prosecutor and the defendant so agree.
Clause 319: Existing text of section 787:
787 (1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
(2) Where the imposition of a fine or the making of an order for the payment of money is authorized by law, but the law does not provide that imprisonment may be imposed in default of payment of the fine or compliance with the order, the court may order that in default of payment of the fine or compliance with the order, as the case may be, the defendant shall be imprisoned for a term not exceeding six months.
Clause 320: Existing text of subsection 800(2.‍1):
(2.‍1) Where the court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or any other means that allow the court and the defendant to engage in simultaneous visual and oral communication, if the defendant is given the opportunity to communicate privately with counsel, in a case in which the defendant is represented by counsel.
Clause 321: (1) to (3) Existing text of subsections 806(1) to (3):
806 (1) Where a defendant is convicted or an order is made in relation to the defendant, a minute or memorandum of the conviction or order shall be made by the summary conviction court indicating that the matter was dealt with under this Part and, on request by the defendant, the prosecutor or any other person, the court shall cause a conviction or order in Form 35 or 36, as the case may be, and a certified copy of the conviction or order to be drawn up and shall deliver the certified copy to the person making the request.
(2) Where a defendant is convicted or an order is made against him, the summary conviction court shall issue a warrant of committal in Form 21 or 22, and section 528 applies in respect of a warrant of committal issued under this subsection.
(3) Where a warrant of committal in Form 21 is issued by a clerk of a court, a copy of the warrant of committal, certified by the clerk, is admissible in evidence in any proceeding.
Clause 322: (1) Relevant portion of subsection 810(1):
810 (1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person
(a) will cause personal injury to him or her or to his or her spouse or common-law partner or child or will damage his or her property; or
(2) Existing text of subsection 810(3.‍1):
(3.‍1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.
(3) and (4) Existing text of subsections 810(3.‍12) to (4):
(3.‍12) Where the justice or summary conviction court does not add a condition described in subsection (3.‍1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.
(3.‍2) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the informant, of the person on whose behalf the information was laid or of that person’s spouse or common-law partner or child, as the case may be, to add either or both of the following conditions to the recognizance, namely, a condition
(a) prohibiting the defendant from being at, or within a distance specified in the recognizance from, a place specified in the recognizance where the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be, is regularly found; and
(b) prohibiting the defendant from communicating, in whole or in part, directly or indirectly, with the person on whose behalf the information was laid or that person’s spouse or common-law partner or child, as the case may be.
(4) A recognizance and a committal to prison in default of recognizance may be in Forms 32 and 23, respectively.
Clause 323: Existing text of subsection 810.‍1(1):
810.‍1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155 or 159, subsection 160(2) or (3), section 163.‍1,170,171,171.‍1,172.‍1 or 172.‍2, subsection 173(2), section 271,272,273 or 279.‍011, subsection 279.‍02(2) or 279.‍03(2), section 280 or 281 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
Clause 324: Existing text of section 810.‍21:
810.‍21 If a defendant is required to appear under any of sections 83.‍3 and 810 to 810.‍2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by video conference if the judge is satisfied that it would serve the proper administration of justice, including by ensuring a fair and efficient hearing and enhancing access to justice.
Clause 325: Relevant portion of section 811:
811 A person bound by a recognizance under any of sections 83.‍3 and 810 to 810.‍2 who commits a breach of the recognizance is guilty of
.‍.‍. 
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Clause 326: Existing text of section 816:
816 (1) A person who was the defendant in proceedings before a summary conviction court and by whom an appeal is taken under section 813 shall, if he is in custody, remain in custody unless the appeal court at which the appeal is to be heard orders that the appellant be released
(a) on his giving an undertaking to the appeal court, without conditions or with such conditions as the appeal court directs, to surrender himself into custody in accordance with the order,
(b) on his entering into a recognizance without sureties in such amount, with such conditions, if any, as the appeal court directs, but without deposit of money or other valuable security, or
(c) on his entering into a recognizance with or without sureties in such amount, with such conditions, if any, as the appeal court directs, and on his depositing with that appeal court such sum of money or other valuable security as the appeal court directs,
and the person having the custody of the appellant shall, where the appellant complies with the order, forthwith release the appellant.
(2) The provisions of subsections 525(5), (6) and (7) apply with such modifications as the circumstances require in respect of a person who has been released from custody under subsection (1).
Clause 327: (1) Existing text of subsections 817(1) and (2):
817 (1) The prosecutor in proceedings before a summary conviction court by whom an appeal is taken under section 813 shall, forthwith after filing the notice of appeal and proof of service thereof in accordance with section 815, appear before a justice, and the justice shall, after giving the prosecutor and the respondent a reasonable opportunity to be heard, order that the prosecutor
(a) give an undertaking as prescribed in this section; or
(b) enter into a recognizance in such amount, with or without sureties and with or without deposit of money or other valuable security, as the justice directs.
(2) The condition of an undertaking or recognizance given or entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.
(2) Existing text of subsection 817(4):
(4) An undertaking under this section may be in Form 14 and a recognizance under this section may be in Form 32.
Clause 328: Relevant portion of section 825:
825 The appeal court may, on proof that notice of an appeal has been given and that
(a) the appellant has failed to comply with any order made under section 816 or 817 or with the conditions of any undertaking or recognizance given or entered into as prescribed in either of those sections, or
Clause 329: Existing text of subsection 828(3):
(3) Where a conviction or order that has been made by an appeal court is to be enforced by a justice, the clerk of the appeal court shall send to the justice the conviction or order and all writings relating thereto, except the notice of intention to appeal and any recognizance.
Clause 330: Existing text of subsection 832(1):
832 (1) When a notice of appeal is filed pursuant to section 830, the appeal court may order that the appellant appear before a justice and give an undertaking or enter into a recognizance as provided in section 816 where the defendant is the appellant, or as provided in section 817, in any other case.
Clause 332: Existing text of section 848:
848 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by a means of communication that allows the court and the accused to engage in simultaneous visual and oral communication, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.
Youth Criminal Justice Act
Clause 364: New.
Clause 365: Existing text of subsection 6(1):
6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in section 4, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.
Clause 366: New.
Clause 367: (1) Existing text of subsection 25(2):
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
(2) Relevant portion of subsection 25(9):
(9) A statement that a young person has the right to be represented by counsel shall be included in
.‍.‍. 
(c) any promise to appear given by the young person;
(d) any undertaking or recognizance entered into before an officer in charge by the young person;
Clause 368: Existing text of subsections 26(1) and (2):
26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending his or her appearance in court, the officer in charge at the time the young person is detained shall, as soon as possible, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on giving a promise to appear or entering into an undertaking or recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice, promise to appear, undertaking or recognizance.
Clause 369: Existing text of the heading:
Detention Before Sentencing
Clause 370: New.
Clause 371: Existing text of subsection 29(1):
29 (1) A youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures.
Clause 372: New.
Clause 373: (1) Existing text of subsection 37(4):
(4) An order under subsection 72(1) or (1.‍1) (adult or youth sentence), 75(2) (lifting of ban on publication) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
(2) Existing text of subsection 37(11):
(11) No appeal lies from a youth sentence under section 59 or any of sections 94 to 96.
Clause 374: Relevant portion of subsection 38(2):
(2) A youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the principles set out in section 3 and the following principles:
Clause 375: Relevant portion of subsection 39(1):
39 (1) A youth justice court shall not commit a young person to custody under section 42 (youth sentences) unless
.‍.‍. 
(b) the young person has failed to comply with non-custodial sentences;
Clause 376: (1) and (2) Relevant portion of subsection 42(2):
(2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall impose a sanction set out in paragraph (q) or subparagraph (r)‍(ii) or (iii) and may impose any other of the sanctions set out in this subsection that the court considers appropriate:
.‍.‍. 
(c) by order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director;
.‍.‍. 
(s) impose on the young person any other reasonable and ancillary conditions that the court considers advisable and in the best interests of the young person and the public.
Clause 377: (1) Existing text of subsection 55(1):
55 (1) The youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)‍(k) or (l), that the young person
(a) keep the peace and be of good behaviour; and
(b) appear before the youth justice court when required by the court to do so.
(2) and (3) Relevant portion of subsection 55(2):
(2) A youth justice court may prescribe, as conditions of an order made under paragraph 42(2)‍(k) or (l), that a young person do one or more of the following that the youth justice court considers appropriate in the circumstances:
.‍.‍. 
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; and
Clause 378: (1) Existing text of subsection 59(1):
59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)‍(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, made at any time after six months after the date of the youth sentence or, with leave of a youth justice court judge, at any earlier time, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
(2) Existing text of subsection 59(8):
(8) Subject to subsection (9), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.
(3) New.
Clause 379: Existing text of subsections 64(1.‍1) and (1.‍2):
(1.‍1) The Attorney General must consider whether it would be appropriate to make an application under subsection (1) if the offence is a serious violent offence and was committed after the young person attained the age of 14 years. If, in those circumstances, the Attorney General decides not to make an application, the Attorney General shall advise the youth justice court before the young person enters a plea or with leave of the court before the commencement of the trial.
(1.‍2) The lieutenant governor in council of a province may by order fix an age greater than 14 years but not greater than 16 years for the purpose of subsection (1.‍1).
Clause 380: Existing text of section 75:
75 (1) When the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1).
(2) A youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk.
(3) The onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General.
(4) For the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence.
Clause 381: Existing text of subsection 76(4):
(4) Before making an order under subsection (1), the youth justice court shall require that a report be prepared for the purpose of assisting the court.
Clause 382: Relevant portion of subsection 110(2):
(2) Subsection (1) does not apply
.‍.‍. 
(b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and
Clause 383: Existing text of section 134:
134 Applications for the forfeiture of recognizances of young persons shall be made to the youth justice court.
Clause 384: (1) Existing text of subsections 135(1) to (3):
135 (1) When a recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall
(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and
(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than ten days before the time so fixed, to each principal and surety named in the recognizance, directed to his or her latest known address, a notice requiring him or her to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.
(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in his or her discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he or she considers proper.
(3) If, under subsection (2), a youth justice court judge orders forfeiture of a recognizance, the principal and his or her sureties become judgment debtors of the Crown, each in the amount that the judge orders him or her to pay.
(2) Existing text of subsections 135(5) and (6):
(5) If a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
(6) Subsections 770(2) (transmission of recognizance) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.
Clause 385: Relevant portion of subsection 161(1):
161 (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that
(a) paragraph 110(2)‍(b) does not apply in respect of the offence or delinquency; and
Controlled Drugs and Substances Act
Clause 388: Existing text of subsections 11(3) and (4):
(3) A justice may, where a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant referred to in that subsection and the warrant may be executed in the other province after it has been endorsed by a justice having jurisdiction in that other province.
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to dispose of or otherwise deal with the things seized in accordance with the law.
An Act to amend the Criminal Code (exploitation and trafficking in persons)
Clause 389: Existing text of section 5:
5 This Act comes into force on a day to be fixed by order of the Governor in Council.
Competition Act
Clause 390: Existing text of subsection 30.‍18(3):
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.‍11(1) or 30.‍16(1), order that the person be detained in custody or released on recognizance, with or without sureties.
Identification of Criminals Act
Clause 391: Relevant portion of section 2(1):
2 (1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:
.‍.‍. 
(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required pursuant to subsection 501(3) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, promise to appear, recognizance or summons; or
Parliament of Canada Act
Clause 392: Relevant portion of subsection 19.‍7(3):
(3) For the purposes of this section, process means
.‍.‍. 
(g) the confirmation of an appearance notice, promise to appear or recognizance under section 508
Clause 393: Relevant portion of subsection 52.‍7(3):
(3) For the purposes of this section, process means
.‍.‍. 
(g) the confirmation of an appearance notice, promise to appear or recognizance under section 508
Supreme Court Act
Clause 394: Existing text of section 95:
95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments or recognizances of bail and all other recognizances in the Court.
Customs Act
Clause 395: Existing text of subsection 163.‍5(1):
163.‍5 (1) In addition to the powers conferred on an officer for the enforcement of this Act, a designated officer who is at a customs office and is performing the normal duties of an officer or is acting in accordance with section 99.‍1 has, in relation to a criminal offence under any other Act of Parliament, the powers and obligations of a peace officer under sections 495 to 497 of the Criminal Code, and subsections 495(3) and 497(3) of that Act apply to the designated officer as if he or she were a peace officer.
Mutual Legal Assistance in Criminal Matters Act
Clause 396: Existing text of subsection 23(3):
(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.‍2, order that the person be detained in custody or released on recognizance, with or without sureties.
Corrections and Conditional Release Act
Clause 397: Relevant portion of the definition:
sexual offence involving a child means
.‍.‍. 
(b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,
.‍.‍. 
(ii) section 159 (anal intercourse),
Contraventions Act
Clause 399: Existing text of the heading:
Recognizances
Clause 400: Existing text of subsections 50(4) and (5):
(4) A notice of election must have the contents required of a ticket by section 16 and state that, where an undertaking was given to a justice of the peace or a judge, its conditions cease to have effect.
(5) The conditions in an undertaking given to a justice of the peace or a judge cease to have effect on the defendant’s being notified of the election.
Clause 401: (1) Existing text of subsections 53(1) and (2):
53 (1) Notwithstanding paragraphs 498(1)‍(c) and (d), 499(1)‍(b) and (c) and 515(2)‍(b), (c), (d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a recognizance be entered into in an amount that exceeds the fine established in respect of the contravention under paragraph 8(1)‍(c).
(2) Notwithstanding paragraphs 498(1)‍(d), 499(1)‍(c) and 515(2)‍(d) and (e) of the Criminal Code, neither an officer in charge nor a justice of the peace may direct that a sum of money or other valuable security in an amount or value that exceeds the fine established in respect of the contravention under paragraph 8(1)‍(c) be deposited.
(2) Existing text of subsections 53(3) and (4):
(3) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge or a justice of the peace and the defendant is afterwards convicted in the proceeding, the money or valuable security shall
(a) be applied on account of the fine and fees imposed; and
(b) to the extent that its amount or value exceeds the amount of the fine and fees imposed, be returned to the defendant.
(4) Where in a proceeding in respect of a contravention the defendant deposits a sum of money or other valuable security with an officer in charge or a justice of the peace and the defendant is afterwards acquitted in the proceeding, the money or valuable security shall be returned to the defendant.
Crimes Against Humanity and War Crimes Act
Clause 402: Existing text of subsection 20(2):
(2) Evidence given under section 714.‍1,714.‍2,714.‍3 or 714.‍4 of the Criminal Code or 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 proceeding for the purpose of subsection (1).
Species at Risk Act
Clause 403: Relevant portion of section 108(1):
108 (1) Alternative measures may be used to deal with a person who is alleged to have committed an offence, but only if it is not inconsistent with the purposes of this Act to do so and the following conditions are met:
.‍.‍. 
(e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or entered into a promise to appear or a recognizance;
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