Bill C-36

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2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-36

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

Preamble

Whereas the Parliament of Canada has grave concerns about the exploitation that is inherent in prostitution and the risks of violence posed to those who engage in it;

Whereas the Parliament of Canada recognizes the social harm caused by the objectification of the human body and the commodification of sexual activity;

Whereas it is important to protect human dignity and the equality of all Canadians by discouraging prostitution, which has a disproportionate impact on women and children;

Whereas it is important to denounce and prohibit the purchase of sexual services because it creates a demand for prostitution;

Whereas it is important to continue to denounce and prohibit the procurement of persons for the purpose of prostitution and the development of economic interests in the exploitation of the prostitution of others as well as the commercialization and institutionalization of prostitution;

Whereas the Parliament of Canada wishes to encourage those who engage in prostitution to report incidents of violence and to leave prostitution;

And whereas the Parliament of Canada is committed to protecting communities from the harms associated with prostitution;

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

SHORT TITLE

Short title

1. This Act may be cited as the Protection of Communities and Exploited Persons Act.

R.S., c. C-46

CRIMINAL CODE

1995, c. 39, s. 138(1)

2. The portion of the definition “weapon” in section 2 of the Criminal Code after paragraph (b) is replaced by the following:

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

3. Subsection 7(4.1) of the Act is amended by replacing the reference to “212(4)” with a reference to “286.1(2)”.

4. Subsection 150.1(5) of the Act is amended by replacing the reference to “212(2) or (4)” with a reference to “286.1(2), 286.2(2) or 286.3(2)”.

5. (1) Paragraph 161(1.1)(a) of the Act is amended

(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and

(b) by replacing the reference to “273, 280 or 281” with a reference to “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) Subsection 161(1.1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force.

1993, c. 46, s. 3(1); 2005, c. 32, ss. 8(1)(F) and (2)

6. (1) Subsection 164(1) of the Act is replaced by the following:

Warrant of seizure

164. (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that

(a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;

(b) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, as defined in section 163;

(c) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography as defined in section 163.1; or

(d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement of sexual services.

2005, c. 32, s. 8(3)

(2) Subsections 164(3) to (5) of the Act are replaced by the following:

Owner and maker may appear

(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

Order of forfeiture

(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

Disposal of matter

(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

2005, c. 32, s. 8(4)

(3) Subsection 164(7) of the Act is replaced by the following:

Consent

(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163, 163.1 or 286.4 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

(4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:

“advertisement of sexual services”
« publicité de services sexuels »

“advertisement of sexual services” means any material — including a photographic, film, video, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4.

2005, c. 32, s. 9(1)

7. (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

Warrant of seizure

164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording or an advertisement of sexual services available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

2005, c. 32, s. 9(2)

(2) Subsection 164.1(5) of the Act is replaced by the following:

Order

(5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.

2005, c. 32, s. 9(3)

(3) Subsection 164.1(7) of the Act is replaced by the following:

Return of material

(7) If the court is not satisfied that the material is child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording or the advertisement of sexual services available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

2012, c. 1, s. 21

8. Paragraph 171.1(1)(a) of the Act is replaced by the following:

(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011, subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or an offence under subsection 212(1), (2), (2.1) or (4) of this Act, as it read from time to time before the day on which this paragraph comes into force;

2012, c. 1, s. 22(1)

9. Paragraph 172.1(1)(a) of the Act is replaced by the following:

2012, c. 1, s. 23

10. Paragraph 172.2(1)(a) of the Act is replaced by the following:

(a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011, subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) or under subsection 212(1), (2), (2.1) or (4) of this Act, as it read from time to time before the day on which this paragraph comes into force, with respect to another person who is, or who the accused believes is, under the age of 18 years;

2004, c. 15, s. 108

11. (1) Subparagraphs (a)(xxxv) to (xxxviii) of the definition “offence” in section 183 of the Act are repealed.

(2) The definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (a)(lii):

(lii.1) 286.1 (obtaining sexual services for consideration),

(lii.2) 286.2 (material benefit from sexual services),

(lii.3) 286.3 (procuring),

(lii.4) 286.4 (advertising sexual services),

12. (1) The definition “prostitute” in subsection 197(1) of the Act is repealed.

(2) The definition “common bawdy-house” in subsection 197(1) of the Act is replaced by the following:

“common bawdy-house”
« maison de débauche »

“common bawdy-house” means, for the practice of acts of indecency, a place that is kept or occupied or resorted to by one or more persons;

1997, c. 16, s. 2; 2005, c. 32, ss. 10.1(1) and (2)

13. Section 212 of the Act and the heading before it are repealed.

R.S., c. 51 (1st Supp.), s. 1

14. The heading before section 213 of the Act is replaced by the following:

Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration

R.S., c. 51 (1st Supp.), s. 1

15. (1) The portion of subsection 213(1) of the Act before paragraph (a) is replaced by the following:

Stopping or impeding traffic

213. (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,

R.S., c. 51 (1st Supp.), s. 1

(2) Subsection 213(1) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing the portion after paragraph (b).

(3) Section 213 of the Act is amended by adding the following after subsection (1):

Communicating to provide sexual services for consideration

(1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration — in a public place, or in any place open to public view, that is or is next to a place where persons under the age of 18 can reasonably be expected to be present.

16. Section 274 of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “272 or 273” with a reference to “272, 273, 286.1, 286.2 or 286.3”.

1997, c. 30, s. 1

17. (1) The portion of subsection 278.2(1) of the English version of the Act before paragraph (a) is replaced by the following:

Production of record to accused

278.2 (1) Except in accordance with sections 278.3 to 278.91, no record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

(2) Paragraph 278.2(1)(a) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “272 or 273” with a reference to “272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3”.

1997, c. 30, s. 1

(3) Subsection 278.2(1) of the Act is amended by adding “or” at the end of paragraph (a) and by replacing the portion after paragraph (a) with the following:

(b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

2005, c. 43, s. 3

18. Paragraphs 279.01(1)(a) and (b) of the Act are replaced by the following:

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

2010, c. 3, s. 3

19. Sections 279.02 and 279.03 of the Act are replaced by the following:

Material benefit — trafficking

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.

Material benefit — trafficking of person under 18 years

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

Withholding or destroying documents — trafficking

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.

Withholding or destroying documents — trafficking of person under 18 years

(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year.

20. The Act is amended by adding the following after section 286:

Commodification of Sexual Activity

Obtaining sexual services for consideration

286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

(i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

(A) for a first offence, a fine of $2,000, and

(B) for each subsequent offence, a fine of $4,000, or

(ii) in any other case,

(A) for a first offence, a fine of $1,000, and

(B) for each subsequent offence, a fine of $2,000; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months and a minimum punishment of,

(i) in the case referred to in subparagraph (a)(i),

(A) for a first offence, a fine of $1,000, and

(B) for each subsequent offence, a fine of $2,000, or

(ii) in any other case,

(A) for a first offence, a fine of $500, and

(B) for each subsequent offence, a fine of $1,000.

Obtaining sexual services for consideration from person under 18 years

(2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(a) for a first offence, six months; and

(b) for each subsequent offence, one year.

Subsequent offences

(3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under that subsection; or

(b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

Sequence of convictions only

(4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

Definitions of “place” and “public place”

(5) For the purposes of this section, “place” and “public place” have the same meaning as in subsection 197(1).

Material benefit from sexual services

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.

Material benefit from sexual services provided by person under 18 years

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

Presumption

(3) For the purposes of subsections (1) and (2), evidence that a person lives with or is habitually in the company of a person who offers or provides sexual services for consideration is, in the absence of evidence to the contrary, proof that the person received a financial or other material benefit from those services.

Exception

(4) Subject to subsection (5), subsections (1) and (2) do not apply to a person who receives the benefit

(a) in the context of a legitimate living arrangement with the person from whose sexual services the benefit is derived;

(b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;

(d) in consideration for a service or good that they do not offer to the general public but that they offered or provided to the person from whose sexual services the benefit is derived, if they did not counsel or encourage that person to provide sexual services and the benefit is proportionate to the value of the service or good.

No exception

(5) Subsection (4) does not apply to a person who commits an offence under subsection (1) or (2) if that person

(a) used, threatened to use or attempted to use violence, intimidation or coercion in relation to the person from whose sexual services the benefit is derived;

(b) abused a position of trust, power or authority in relation to the person from whose sexual services the benefit is derived;

(c) provided a drug, alcohol or any other intoxicating substance to the person from whose sexual services the benefit is derived for the purpose of aiding or abetting that person to offer or provide sexual services for consideration;

(d) engaged in conduct, in relation to any person, that would constitute an offence under section 286.3; or

(e) received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

Aggravating factor

(6) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that that person received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

Procuring

286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Procuring — person under 18 years

(2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

Advertising sexual services

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

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

(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.

Immunity — material benefit and advertising

286.5 (1) No person shall be prosecuted for

(a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

(b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

Immunity — aiding, abetting, etc.

(2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

21. Subsection 486(3) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “279.02 or 279.03” with a reference to “279.02, 279.03, 286.1, 286.2 or 286.3”.

22. (1) Subparagraph 486.4(1)(a)(i) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “281” with a reference to “281, 286.1, 286.2, 286.3”.

2005, c. 32, s. 15

(2) Paragraph 486.4(1)(a) of the Act is amended by adding “or” at the end of subparagraph (i) and by replacing subparagraphs (ii) and (iii) with the following:

(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

2005, c. 32, s. 15

(3) Paragraph 486.4(1)(b) of the Act is replaced by the following:

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).

2010, c. 17, s. 3(1)

23. (1) Subparagraphs (a)(i.93) to (i.96) of the definition “primary designated offence” in section 487.04 of the Act are repealed.

(2) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (a)(xiv):

(xiv.1) section 279.011 (trafficking — person under 18 years),

(xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(xiv.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xiv.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xiv.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

(xiv.6) subsection 286.3(2) (procuring — person under 18 years),

2010, c. 17, s. 3(4)

(3) Subparagraphs (a.1)(iv) and (v) of the definition “primary designated offence” in section 487.04 of the Act are repealed.

2010, c. 3, s. 6

(4) Subparagraph (a.1)(vii.11) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(vii.11) subsection 279.02(1) (material benefit — trafficking),

(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

(5) The definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(viii):

(viii.1) subsection 286.2(1) (material benefit from sexual services),

(viii.2) subsection 286.3(1) (procuring),

(6) The definition “primary designated offence” of section 487.04 of the Act is amended by adding the following after paragraph (c.01):

(c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years),

(c.03) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

(i) paragraphs 212(1)(a) to (h) (procuring), and

(ii) paragraph 212(1)(j) (procuring),

2010, c. 17, s. 3(9)

(7) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03);

(8) The definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (c)(viii):

(viii.1) subsection 286.1(1) (obtaining sexual services for consideration),

2007, c. 22, s. 47(2)

24. Subsections 487.051(1) and (2) of the Act are replaced by the following:

Order — primary designated offences

487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.

Order — primary designated offences

(2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (c.01) and (c.03) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

2004, c. 10, s. 20

25. (1) Subparagraphs (a)(xii) to (xv) of the definition “designated offence” in subsection 490.011(1) of the Act are repealed.

(2) The definition “designated offence” in subsection 490.011(1) of the Act is amended by striking out “and” at the end of subparagraph (a)(xix) and by adding the following after subparagraph (a)(xx):

(xxi) section 279.011 (trafficking — person under 18 years),

(xxii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(xxiii) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

(xxvi) subsection 286.3(2) (procuring — person under 18 years);

2010, c. 3, s. 7

(3) Subparagraph (b)(vii.11) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(vii.11) subsection 279.02(1) (material benefit — trafficking),

(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

(4) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (b)(ix):

(ix.1) subsection 286.1(1) (obtaining sexual services for consideration),

(ix.2) subsection 286.2(1) (material benefit from sexual services),

(ix.3) subsection 286.3(1) (procuring),

(5) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (d):

(d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

(i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years);

2007, c. 5, s. 11(4)

(6) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or

2010, c. 17, s. 5

26. (1) Subsections 490.012(1) and (2) of the Act are replaced by the following:

Order

490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

Order — if intent established

(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.

2010, c. 17, s. 5

(2) Paragraph 490.012(3)(a) of the Act is replaced by the following:

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the defini- tion “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

2010, c. 17, s. 6

27. Subsection 490.013(2.1) of the Act is replaced by the following:

Duration of order

(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1).

2010, c. 17, s. 19

28. Paragraph 490.02904(3)(d) of the Act is replaced by the following:

(d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

2008, c. 6, s. 40; 2012, c. 1, s. 35

29. (1) Subparagraphs (b)(x) to (xii) of the definition “designated offence” in section 752 of the Act are repealed.

(2) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xx.1):

(xx.2) section 279.02 (material benefit — trafficking),

(xx.3) section 279.03 (withholding or destroying documents — trafficking),

(3) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xxiii):

(xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xxiii.2) section 286.2 (material benefit from sexual services),

(xxiii.3) section 286.3 (procuring),

(4) The definition “designated offence” in section 752 of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

(i) subsection 212(1) (procuring),

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years); or

2008, c. 6, s. 40

(5) Paragraph (d) of the definition “designated offence” in section 752 of the Act is replaced by the following:

(d) an attempt or conspiracy to commit an offence referred to in paragraph (b), (c) or (c.1);

2012, c. 1, s. 36

30. Paragraph 753.1(2)(a) of the Act is replaced by the following:

(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

31. Subsection 810.1(1) of the Act is amended

(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and

(b) by replacing the reference to “273, 280 or 281” with a reference to “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)”.

2007, c. 22, s. 23; 2012, c. 1, s. 38

32. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

[ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 252, 264, 264.1, 266 and 270, subsection 286.1(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

2004, c. 10, s. 21; 2007, c. 5, s. 31

33. The paragraph before section 1 of Form 53 in Part XXVIII of the Act is replaced by the following:

Because, on .......... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, .......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act, under .......... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

CONSEQUENTIAL AMENDMENTS

R.S., c. C-5

Canada Evidence Act

34. Subsection 4(2) of the Canada Evidence Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “273, 280 to 283” with a reference to “273, 279.01 to 279.03, 280 to 283, 286.1 to 286.3”.

R.S., c. C-47

Criminal Records Act

2010, c. 5, s. 9

35. (1) Subparagraphs 1(a)(xi) to (xiii) of Schedule 1 to the Criminal Records Act are repealed.

(2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (xvi):

(xvi.1) section 279.011 (trafficking — person under 18 years),

(xvi.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(xvi.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xvi.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xvi.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years),

(xvi.6) subsection 286.3(2) (procuring — person under 18 years),

(3) Schedule 1 to the Act is amended by adding the following after paragraph 1(b):

(b.1) under the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force:

(i) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(ii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iii) subsection 212(4) (prostitution of person under 18 years);

R.S., c. N-5

National Defence Act

2005, c. 25, s. 23(1); 2007, c. 22, s. 48(1); 2010, c. 17, s. 46

36. The definition “primary designated offence” in section 196.11 of the National Defence Act is replaced by the following:

“primary designated offence”
« infraction primaire »

“primary designated offence” means

(a) an offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

(a.1) an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

(b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

2007, c. 5, s. 4

37. Paragraph (a) of the definition “designated offence” in section 227 of the Act is replaced by the following:

(a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

2010, c. 17, s. 47(1)

38. Paragraph 227.01(3)(a) of the Act is replaced by the following:

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code;

2007, c. 5, s. 4

39. Paragraph 227.09(3)(d) of the Act is replaced by the following:

(d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the defini- tion “designated offence” in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice.

2007, c. 5, s. 4

40. Subsection 227.12(3) of the Act is replaced by the following:

More than one offence

(3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

1992, c. 20

Corrections and Conditional Release Act

1995, c. 42, s. 44(7)

41. (1) Subparagraphs (a)(viii) and (ix) of the definition “sexual offence involving a child” in subsection 129(9) of the Corrections and Conditional Release Act are replaced by the following:

(viii) section 279.011 (trafficking — person under 18 years),

(ix) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(x) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xi) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

(xiii) subsection 286.3(2) (procuring — person under 18 years),

(2) The definition “sexual offence involving a child” in subsection 129(9) of the Act is amended by adding the following after paragraph (b):

(b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:

(i) subsection 212(2) (living on the avails of prostitution of person under 18 years), and

(ii) subsection 212(4) (prostitution of person under 18 years),

2012, c. 1, s. 103(7)

42. (1) Paragraphs 1(n) to (o) of Schedule I to the Act are repealed.

(2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.2):

(z.201) section 279.011 (trafficking — person under 18 years);

(z.202) subsection 279.02(2) (material benefit — trafficking of person under 18 years);

(z.203) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);

(3) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.21):

(z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);

(z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);

(z.24) subsection 286.3(2) (procuring — person under 18 years);

(4) Schedule I to the Act is amended by adding the following after section 5.1:

5.2 An offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force, that was prosecuted by way of indictment:

(a) subsection 212(2) (living on the avails of prostitution of person under 18 years);

(b) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years); and

Explanatory Notes

Criminal Code

Clause 2: Existing text of the definition:

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

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

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

and, without restricting the generality of the foregoing, includes a firearm;

Clause 3: 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 212(4) 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 4: 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 212(2) or (4) 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 5: (1) and (2) 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) or 212(1), (2), (2.1) or (4) or section 271, 272, 273, 280 or 281;

Clause 6: (1) Existing text of subsection 164(1):

164. (1) A judge who is satisfied by information on oath that there are reasonable grounds for believing that

(a) any publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, within the meaning of section 163,

(b) any representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography within the meaning of section 163.1, or

(c) any recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording,

may issue a warrant authorizing seizure of the copies.

(2) Existing text of subsections 164(3) to (5):

(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography or a voyeuristic recording, may appear and be represented in the proceedings in order to oppose the making of an order for the forfeiture of the matter.

(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography or a voyeuristic recording, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography or a voyeuristic recording, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

(3) Existing text of subsection 164(7):

(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 163 or 163.1 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

(4) Relevant portion of subsection 164(8):

(8) In this section,

Clause 7: (1) Relevant portion of subsection 164.1(1):

164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or a voyeuristic recording available — that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

(2) Existing text of subsection 164.1(5):

(5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, it may order the custodian of the computer system to delete the material.

(3) Existing text of subsection 164.1(7):

(7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1, a voyeuristic recording within the meaning of subsection 164(8) or data within the meaning of subsection 342.1(2) that makes child pornography or the voyeuristic recording available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

Clause 8: Relevant portion of subsection 171.1(1):

171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person;

Clause 9: Relevant portion of subsection 172.1(1):

172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

Clause 10: Relevant portion of subsection 172.2(1):

172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

(a) under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to another person who is, or who the accused believes is, under the age of 18 years;

Clause 11: (1) and (2) Relevant portion of the definition:

“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to

(a) any of the following provisions of this Act, namely,

...

(xxxv) subsection 212(1) (procuring),

(xxxvi) subsection 212(2) (procuring),

(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),

(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),

Clause 12: (1) Existing text of the definition:

“prostitute” means a person of either sex who engages in prostitution;

(2) Existing text of the definition:

“common bawdy-house” means a place that is

(a) kept or occupied, or

(b) resorted to by one or more persons

for the purpose of prostitution or the practice of acts of indecency;

Clause 13: Existing text of the heading and section 212:

Procuring

212. (1) Every one who

(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,

(b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,

(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,

(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,

(f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,

(g) procures a person to enter or leave Canada, for the purpose of prostitution,

(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,

(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or

(j) lives wholly or in part on the avails of prostitution of another person,

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

(2) Despite paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years and to a minimum punishment of imprisonment for a term of two years.

(2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

(a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and

(b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

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

(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of six months.

Clause 14: Existing text of the heading:

Offence in Relation to Prostitution

Clause 15: (1) and (2) Relevant portion of subsection 213(1):

213. (1) Every person who in a public place or in any place open to public view

...

for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

(3) New.

Clause 16: Existing text of subsection 274:

274. If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, 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.

Clause 17: (1) to (3) Existing text of subsection 278.2(1):

278.2 (1) No record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of

(a) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272 or 273,

(b) an offence under section 144, 145, 149, 156, 245 or 246 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

(c) an offence under section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988,

or in any proceedings in respect of two or more offences that include an offence referred to in any of paragraphs (a) to (c), except in accordance with sections 278.3 to 278.91.

Clause 18: Existing text of subsection 279.01(1):

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable

(a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than fourteen years in any other case.

Clause 19: Existing text of sections 279.02 and 279.03:

279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) or 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

Clause 20: New.

Clause 21: 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, 212, 271, 272, 273, 279.01, 279.011, 279.02 or 279.03 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 22: (1) to (3) Existing text 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 complainant 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, 212, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 346 or 347,

(ii) an offence under section 144 (rape), 145 (attempt to commit rape), 149 (indecent assault on female), 156 (indecent assault on male) or 245 (common assault) or subsection 246(1) (assault with intent) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or

(iii) an offence under subsection 146(1) (sexual intercourse with a female under 14) or (2) (sexual intercourse with a female between 14 and 16) or section 151 (seduction of a female between 16 and 18), 153 (sexual intercourse with step-daughter), 155 (buggery or bestiality), 157 (gross indecency), 166 (parent or guardian procuring defilement) or 167 (householder permitting defilement) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i) to (iii).

Clause 23: (1) to (7) Relevant portion of the definition:

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

...

(i.93) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(i.94) subsection 212(2) (living on the avails of prostitution of a person under age of 18),

(i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18),

(i.96) subsection 212(4) (obtaining prostitution of person under age of 18),

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(a.1) an offence under any of the following provisions, namely,

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(iv) paragraphs 212(1)(a) to (h) (procuring),

(v) paragraph 212(1)(j) (procuring),

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(vii.11) section 279.011 (trafficking of a person under the age of eighteen years),

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(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01);

(8) Relevant portion of the definition:

“secondary designated offence” means an offence, other than a primary designated offence, that is

...

Clause 24: Existing text of subsections 487.051(1) and (2):

487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.

(2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

Clause 25: (1) to (6) Relevant portion of the definition:

“designated offence” means

(a) an offence under any of the following provisions:

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(xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

(xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen),

(xiv) subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen),

(xv) subsection 212(4) (obtaining prostitution of person under age of eighteen),

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(b) an offence under any of the following provisions:

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(vii.11) section 279.011 (trafficking of a person under the age of eighteen years),

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(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or

Clause 26: (1) Existing text of subsections 490.012(1) and (2):

490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

(2) Relevant portion of subsection 490.012(3):

(3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

Clause 27: Existing text of subsection 490.013(2.1):

(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1).

Clause 28: Relevant portion of subsection 490.02904(3):

(3) If subsection (2) does not apply, the obligation

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(d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

Clause 29: (1) to (5) Relevant portion of the definition:

“designated offence” means

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(b) an offence under any of the following provisions:

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(x) subsection 212(1) (procuring),

(x.1) subsection 212(2) (living on avails of prostitution of person under eighteen),

(xi) subsection 212(2.1) (aggravated offence in relation to living on avails of prostitution of person under 18),

(xii) subsection 212(4) (prostitution of person under 18),

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(d) an attempt or conspiracy to commit an offence referred to in paragraph (b) or (c);

Clause 30: Relevant portion of subsection 753.1(2):

(2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure), 212(2) (living on the avails of prostitution of person under eighteen), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years) or 212(4) (offence — prostitution of person under eighteen) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

Clause 31: 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) or 212(1), (2), (2.1) or (4) or section 271, 272, 273, 280 or 281, 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.

Canada Evidence Act

Clause 34: Existing text of subsection 4(2):

(2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged.

National Defence Act

Clause 36: Existing text of the definition:

“primary designated offence” means

(a) an offence within the meaning of paragraph (a) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

(a.1) an offence within the meaning of any of paragraphs (a.1) to (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

(b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.01) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

Clause 37: Relevant portion of the definition:

“designated offence” means

(a) an offence within the meaning of paragraph (a), (c), (c.1) or (d) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

Clause 38: Relevant portion of subsection 227.01(3):

(3) When a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code;

Clause 39: Relevant portion of subsection 227.09(3):

(3) If subsection (2) does not apply earlier, the obligation

...

(d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice.

Clause 40: Existing text of subsection 227.12(3):

(3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

Corrections and Conditional Release Act

Clause 41: (1) and (2) Relevant portion of the definition:

“sexual offence involving a child” means

(a) an offence under any of the following provisions of the Criminal Code that was prosecuted by way of indictment, namely,

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(viii) subsection 212(2) (living off the avails of prostitution by a child), and

(ix) subsection 212(4) (obtaining sexual services of a child),