(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    (b) in any other case, to imprisonment for life.

149. Section 344 of the Act is replaced by the following:

Robbery

344. Every person who commits robbery is guilty of an indictable offence and liable

    (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    (b) in any other case, to imprisonment for life.

R.S., c. 27 (1st Supp.), s. 46

150. Subsection 346(1.1) of the Act is replaced by the following:

Extortion

(1.1) Every person who commits extortion is guilty of an indictable offence and liable

    (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

    (b) in any other case, to imprisonment for life.

R.S., c. 42 (4th Supp.), s. 2

151. (1) Subparagraph (a)(i) of the definition ``enterprise crime offence'' in section 462.3 of the Act is replaced by the following:

        (i) subsection 99(1) (weapons trafficking),

        (i.1) subsection 100(1) (possession for purpose of weapons trafficking),

        (i.2) subsection 102(1) (making automatic firearm),

        (i.3) subsection 103(1) (importing or exporting knowing it is unauthorized),

        (i.4) subsection 104(1) (unauthorized importing or exporting),

        (i.5) section 119 (bribery of judicial officers, etc.),

R.S., c. 42 (4th Supp.), s. 2

(2) The portion of paragraph (b) of the definition ``enterprise crime offence'' in section 462.3 of the Act before subparagraph (i) is replaced by the following:

      (b) an offence against subsection 96(1) (possession of weapon obtained by commission of offence) or section 354 (possession of property obtained by crime), committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

1991, c. 40, s. 30

152. Section 491 of the Act is replaced by the following:

Forfeiture of weapons and ammunition

491. (1) Subject to subsection (2), where it is determined by a court that

    (a) a weapon, an imitation firearm, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

    (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

the thing so seized and detained is forfeited to Her Majesty and shall be disposed of as the Attorney General directs.

Return to lawful owner

(2) If the court by which a determination referred to in subsection (1) is made is satisfied that the lawful owner of any thing that is or may be forfeited to Her Majesty under subsection (1) was not a party to the offence and had no reasonable grounds to believe that the thing would or might be used in the commission of an offence, the court shall order that the thing be returned to that lawful owner, that the proceeds of any sale of the thing be paid to that lawful owner or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner.

Application of proceeds

(3) Where any thing in respect of which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General or, where an order is made under subsection (2), to the person who was, immediately prior to the sale, the lawful owner of the thing.

1993, c. 45, s. 8(2)

153. Subsection 515(4.1) of the Act is replaced by the following:

Condition prohibiting possession of firearms, etc.

(4.1) When making an order under subsection (2), in the case of an accused who is charged with

    (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    (b) an offence under section 264 (criminal harassment),

    (c) an offence relating to the contravention of subsection 39(1) or (2) or 48(1) or (2) of the Food and Drugs Act or subsection 4(1) or (2) or 5(1) of the Narcotic Control Act, or

    (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance,

the justice shall add to the order a condition prohibiting the accused from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or of any other person.

Surrender, etc.

(4.11) Where the justice adds a condition described in subsection (4.1) to an order made under subsection (2), the justice shall specify in the order the manner and method by which

    (a) the things referred to in subsection (4.1) that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Reasons

(4.12) Where the justice does not add a condition described in subsection (4.1) to an order made under subsection (2), the justice shall include in the record a statement of the reasons for not adding the condition.

1991, c. 43, s. 4

154. Items 13 to 16 of the schedule to Part XX.1 of the Act are replaced by the following:

    13. Subsection 85(1) - using firearm in commission of offence

    13.1 Subsection 85(2) - using imitation firearm in commission of offence

    14. Subsection 86(1) - careless use of firearm, etc.

    15. Subsection 87(1) - pointing a firearm

    16. Subsection 88(1) - possession of weapon for dangerous purpose

1993, c. 45, s. 10

155. Paragraph (b) of the definition ``sentence'' in section 673 of the Act is replaced by the following:

      (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), section 725, 726 or 727.9, subsection 736(1) or section 744, and

1992, c. 1, s. 58(1) (Sch. I, item 16)

156. Paragraph (b) of the definition ``sentence'' in section 785 of the Act is replaced by the following:

      (b) an order made under subsection 110(1) or 259(1) or (2), section 261 or subsection 736(1), and

1991, c. 40, s. 33

157. Subsection 810(3.1) of the Act is replaced by the following:

Conditions

(3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, where the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

Surrender, etc.

(3.11) Where the justice or summary conviction court adds a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall specify in the order the manner and method by which

    (a) the things referred to in that subsection that are in the possession of the accused shall be surrendered, disposed of, detained, stored or dealt with; and

    (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Reasons

(3.12) Where the justice or summary conviction court does not add a condition described in subsection (3.1) to a recognizance order, the justice or summary conviction court shall include in the record a statement of the reasons for not adding the condition.

RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

1932-33, c. 25

An Act to amend the Criminal Code (Offensive Weapons)

158. Section 2 of An Act to amend the Criminal Code (Offensive Weapons) is repealed.

1968-69, c. 38

Criminal Law Amendment Act, 1968-69

159. Subsection 6(2) of the Criminal Law Amendment Act, 1968-69 is repealed.

1976-77, c. 53

Criminal Law Amendment Act, 1977

160. Subsections 4(2) and (3) of the Criminal Law Amendment Act, 1977 are repealed.

161. Section 48 of the Act is repealed.

1991, c. 40

An Act to amend the Criminal Code and the Customs Tariff in consequence thereof

162. Section 34 of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof is repealed.

163. Subsection 86(2) of the Criminal Code, as enacted by section 3 of the Act, is repealed.

164. Subsection 105(4) of the Criminal Code, as enacted by subsection 39(4) of the Act, is repealed.

1992, c. 20

Corrections and Conditional Release Act

165. Paragraph 1(b) of Schedule I to the Corrections and Conditional Release Act is replaced by the following:

    (b) subsection 85(1) (using firearm in commission of offence);

    (b.1) subsection 85(2) (using imitation firearm in commission of offence);

R.S., c. C-47

Criminal Records Act

1992, c. 22, s. 1(2)

166. The definition ``sentence'' in subsection 2(1) of the Criminal Records Act is replaced by the following:

``sentence''
« peine »

``sentence'' has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110 or 259 of that Act or subsection 147.1(1) of the National Defence Act.

1992, c. 22, s. 5

167. Paragraph 5(b) of the Act is replaced by the following:

    (b) unless the pardon is subsequently revoked or ceases to have effect, vacates the conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.

R.S., c. 1 (2nd Supp.) [c. C-52.6]

Customs Act

1993, c. 25, s. 72(1)

168. Subsection 28(1) of the Customs Act is replaced by the following:

Liability of operator

28. (1) Subject to subsections (1.1) and (1.2), the operator of a sufferance warehouse, bonded warehouse or duty free shop is liable for all duties or taxes levied under the Customs Tariff, the Excise Tax Act, the Excise Act, the Special Import Measures Act or any other law relating to customs on goods that have been received therein unless the operator proves that the goods

    (a) are still in the warehouse or duty free shop;

    (b) have been destroyed while in the warehouse or duty free shop;

    (c) have been removed from the warehouse or duty free shop pursuant to section 19;

    (d) have been taken as a sample or seized under the Firearms Act or any other Act of Parliament; or

    (e) have been released by an officer.