R.S., c. 27 (1st Supp.), s. 54(1)

25. (1) Paragraph 380(1)(a) of the Act is replaced by the following:

    (a) is guilty of an indictable offence and liable to a term of imprisonment 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

R.S., c. 27 (1st Supp.), s. 54(2)

(2) The portion of paragraph 380(1)(b) of the Act after subparagraph (ii) is replaced by the following:

    where the value of the subject-matter of the offence does not exceed five thousand dollars.

26. Subsection 400(1) of the Act is amended by adding the word ``or'' at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following:

    (c) to induce any person to

      (i) entrust or advance anything to a company, or

      (ii) enter into any security for the benefit of a company,

27. The portion of section 403 of the Act after paragraph (c) is replaced by the following:

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction.

R.S., c. 27 (1st Supp.), s. 57(2)

28. The portion of subsection 430(3) of the Act before paragraph (a) is replaced by the following:

Punishment

(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

29. Paragraph (a) of the definition ``enterprise crime offence'' in section 462.3 of the Act is amended by adding the following after subparagraph (xiii):

      (xiii.1) section 347 (criminal interest rate),

30. Section 473 of the Act is amended by adding the following after subsection (1):

Joinder of other offences

(1.1) Where the consent of the accused and the Attorney General is given in accordance with subsection (1), the judge of the superior court of criminal jurisdiction may order that any offence be tried by that judge in conjunction with the offence listed in section 469.

31. (1) Section 474 of the Act is renumbered as subsection 474(1) and the French version is replaced by the following:

Ajournement lorsque aucun jury n'a été convoqué

474. (1) Le greffier du tribunal peut, lorsque l'autorité compétente a décidé qu'aucune liste de jurés ne doit être convoquée pour une session du tribunal aux fins d'instruction de causes criminelles dans une circonscription territoriale, le jour de l'ouverture de la session, en l'absence d'un juge pour présider le tribunal ajourner les affaires de celui-ci à une date ultérieure.

(2) Section 474 of the Act is amended by adding the following after subsection (1):

Adjournment on instructions of judge

(2) A clerk of the court for the trial of criminal cases in any territorial division may, at any time, on the instructions of the presiding judge or another judge of the court, adjourn the court and the business of the court to a subsequent day.

1990, c. 44, s. 15

32. Section 477.2 of the Act is replaced by the following:

Consent of Attorney General

477.2 (1) No proceedings in respect of an offence committed by a person in or on the territorial sea shall be continued unless the consent of the Attorney General of Canada is obtained no later than eight days after proceedings are instituted, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

Exception

(1.1) Subsection (1) does not apply to proceedings by way of summary conviction.

Consent of Attorney General

(2) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(1)(a) or (b) shall be continued unless the consent of the Attorney General of Canada is obtained no later than eight days after proceedings are instituted, if the accused is not a Canadian citizen and the offence is alleged to have been committed on board any ship registered outside Canada.

Idem

(3) No proceedings in respect of which courts have jurisdiction by virtue only of paragraph 477.1(1)(d) or (e) shall be continued unless the consent of the Attorney General of Canada is obtained no later than eight days after proceedings are instituted.

Consent to be filed

(4) The consent of the Attorney General required by subsection (1), (2) or (3) must be filed with the clerk of the court in which the proceedings have been instituted.

R.S., c. 27 (1st Supp.), s. 64(2)

33. Subsection 478(3) of the English version of the Act is replaced by the following:

Idem

(3) An accused who is charged with an offence that is alleged to have been committed in Canada outside the province in which the accused is may, if the offence is not an offence mentioned in section 469 and

    (a) in the case of proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, if the Attorney General of Canada consents, or

    (b) in any other case, if the Attorney General of the province where the offence is alleged to have been committed consents,

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the province where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

R.S., c. 27 (1st Supp.), s. 65

34. The portion of section 479 of the English version of the Act after paragraph (b) is replaced by the following:

appear before a court or judge that would have had jurisdiction to try that offence if it had been committed in the place where the accused is, and where the accused consents to plead guilty and pleads guilty to that offence, the court or judge shall determine the accused to be guilty of the offence and impose the punishment warranted by law, but where the accused does not consent to plead guilty and does not plead guilty, the accused shall, if the accused was in custody prior to appearance, be returned to custody and shall be dealt with according to law.

35. Subsection 482(1) of the Act is replaced by the following:

Power to make rules

482. (1) Every superior court of criminal jurisdiction and every court of appeal may make rules of court not inconsistent with this or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, 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 any such prosecution, proceeding, action or appeal.

R.S., c. 27 (1st Supp.), s. 68(1)

36. Paragraph 487(1)(b) of the Act is replaced by the following:

    (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence, against this Act or any other Act of Parliament, or

R.S., c. 27 (1st Supp.), s. 69

37. (1) Subsection 487.1(2) of the Act is replaced by the following:

Information submitted by telephone

(2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

Information submitted by other means of telecommunic ation

(2.1) The justice who receives an information submitted by a means of telecommunication that produces a writing shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice as to time and date of receipt.

(2) Section 487.1 of the Act is amended by adding the following after subsection (3):

Alternative to oath

(3.1) A peace officer who uses a means of telecommunication referred to in subsection (2.1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath.

R.S., c. 27 (1st Supp.), s. 69

(3) The portion of subsection 487.1(4) of the Act before paragraph (a) is replaced by the following:

Contents of information

(4) An information submitted by telephone or other means of telecommunication shall include

R.S., c. 27 (1st Supp.), s. 69

(4) The portion of subsection 487.1(5) of the Act before paragraph (a) is replaced by the following:

Issuing warrant

(5) A justice referred to in subsection (1) who is satisfied that an information submitted by telephone or other means of telecommunication

R.S., c. 27 (1st Supp.), s. 69

(5) The portion of subsection 487.1(6) of the Act before paragraph (a) is replaced by the following:

Formalities respecting warrant and facsimiles

(6) Where a justice issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

(6) Section 487.1 of the Act is amended by adding the following after subsection (6):

Issuance of warrant where telecommunic ation produces writing

(6.1) Where a justice issues a warrant by a means of telecommunication that produces a writing,

    (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance;

    (b) the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)(b);

    (c) the peace officer shall procure another facsimile of the warrant; and

    (d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

R.S., c. 27 (1st Supp.), s. 69

(7) Subsections 487.1(10) and (11) of the Act are replaced by the following:

Bringing before justice

(10) The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.

Proof of authorization

(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

Duplicates and facsimiles acceptable

(12) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

R.S., c. 27 (1st Supp.), s. 73

38. (1) Paragraphs 490(1)(a) and (b) of the Act are replaced by the following:

    (a) where the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the detention of the thing seized is required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or

    (b) where the prosecutor, or the peace officer or other person having custody of the thing seized, satisfies the justice that the thing seized should be detained for a reason set out in paragraph (a), detain the thing seized or order that it be detained, taking reasonable care to ensure that it is preserved until the conclusion of any investigation or until it is required to be produced for the purposes of a preliminary inquiry, trial or other proceeding.

R.S., c. 27 (1st Supp.), s. 73

(2) The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following:

Further detention

(2) Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than three months after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

R.S., c. 27 (1st Supp.), s. 73

(3) The portion of subsection 490(3) of the Act before paragraph (a) is replaced by the following:

Idem

(3) More than one order for further detention may be made under paragraph (2)(a) but the cumulative period of detention shall not exceed one year from the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless

R.S., c. 27 (1st Supp.), s. 73

(4) The portion of subsection 490(5) of the Act before paragraph (a) is replaced by the following:

Where continued detention no longer required

(5) Where at any time before the expiration of the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized, the prosecutor, or the peace officer or other person having custody of the thing seized, determines that the continued detention of the thing seized is no longer required for any purpose mentioned in subsection (1) or (4), the prosecutor, peace officer or other person shall apply to

R.S., c. 27 (1st Supp.), s. 73

(5) Subsection 490(6) of the Act is replaced by the following:

Idem

(6) Where the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required, the prosecutor, peace officer or other person shall apply to a judge or justice referred to in paragraph (5)(a) or (b) in the circumstances set out in that paragraph, for an order in respect of the property under subsection (9) or (9.1).

(6) Section 490 of the Act is amended by adding the following after subsection (9):

Exception

(9.1) Notwithstanding subsection (9), a judge or justice referred to in paragraph (9)(a) or (b) may, if the periods of detention provided for or ordered under subsections (1) to (3) in respect of a thing seized have expired but proceedings have not been instituted in which the thing may be required, order that the thing continue to be detained for such period as the judge or justice considers necessary if the judge or justice is satisfied

    (a) that the continued detention of the thing might reasonably be required for a purpose mentioned in subsection (1) or (4); and

    (b) that it is in the interests of justice to do so.

R.S., c. 27 (1st Supp.), s. 73

(7) Subsections 490(13) and (14) of the Act are replaced by the following:

Copies of documents returned

(13) The Attorney General, the prosecutor or the peace officer or other person having custody of a document seized may, before bringing it before a justice or complying with an order that the document be returned, forfeited or otherwise dealt with under subsection (1), (9) or (11), make or cause to be made, and may retain, a copy of the document.

Probative force

(14) Every copy made under subsection (13) that is certified as a true copy by the Attorney General, the person who made the copy or the person in whose presence the copy was made is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

R.S., c. 27 (1st Supp.), s. 73

(8) Subsection 490(17) of the Act is replaced by the following:

Appeal

(17) A person who feels aggrieved by an order made under subsection (8), (9), (9.1) or (11) may appeal from the order to the appeal court, as defined in section 812, and for the purposes of the appeal the provisions of sections 814 to 828 apply with such modifications as the circumstances require.

39. The definitions ``promise to appear'', ``recognizance'' and ``undertaking'' in section 493 of the Act are replaced by the following:

``promise to appear''
« promesse de... »

``promise to appear'' means a promise in Form 10;