``computer
password'' « mot de passe »
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``computer password'' means any data by
which a computer service or computer system is capable of being obtained
or used;
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``traffic'' « trafic »
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``traffic'' means, in respect of a computer
password, to sell, export from or import into
Canada, distribute or deal with in any other
way.
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19. The Act is amended by adding the
following after subsection 342.1:
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Possession of
device to
obtain
computer
service
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342.2 (1) Every person who, without lawful
justification or excuse, makes, possesses,
sells, offers for sale or distributes any instrument or device or any component thereof, the
design of which renders it primarily useful for
committing an offence under section 342.1,
under circumstances that give rise to a reason
able inference that the instrument, device or
component has been used or is or was intended
to be used to commit an offence contrary to
that section,
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Forfeiture
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(2) Where a person is convicted of an
offence under subsection (1), any instrument
or device, in relation to which the offence was
committed or the possession of which constituted the offence, may, in addition to any other
punishment that may be imposed, be ordered
forfeited to Her Majesty, whereupon it may be
disposed of as the Attorney General directs.
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Limitation
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(3) No order of forfeiture may be made
under subsection (2) in respect of any thing
that is the property of a person who was not a
party to the offence under subsection (1).
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20. The portion of subsection 348(1) of
the Act after paragraph (c) is replaced by
the following:
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is guilty
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21. Subsection 349(1) of the Act is
replaced by the following:
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Being
unlawfully in
dwelling- house
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349. (1) Every person who, without lawful
excuse, the proof of which lies on that person,
enters or is in a dwelling-house with intent to
commit an indictable offence in it is guilty of
an indictable offence and liable to imprison
ment for a term not exceeding ten years or of
an offence punishable on summary conviction.
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22. (1) Section 353 of the Act is amended
by adding the following after subsection (1):
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Exception
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(1.1) A police officer specially authorized
by the chief of the police force to possess an
automobile master key is not guilty of an
offence under subsection (1) by reason only
that the police officer possesses an automobile
master key for the purposes of the execution of
the police officer's duties.
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(2) Subsection 353(2) of the Act is
replaced by the following:
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Terms and
conditions of
licence
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(2) A licence issued by the Attorney
General of a province as described in paragraph (1)(a) or (b) may contain such terms and
conditions relating to the sale, offering for
sale, advertising, purchasing, having in possession or use of an automobile master key as
the Attorney General of that province may
prescribe.
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Fees
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(2.1) The Attorney General of a province
may prescribe fees for the issue or renewal of
licences as described in paragraph (1)(a) or
(b).
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(3) Subsection 353(5) of the Act is
replaced by the following:
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Definitions
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(5) The definitions in this subsection apply
in this section.
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``automobile
master key'' « passe- partout d'automo- bile »
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``automobile master key'' includes a key,
pick, rocker key or other instrument de
signed or adapted to operate the ignition or
other switches or locks of a series of motor
vehicles.
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``licence'' « licence »
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``licence'' includes any authorization.
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23. Section 354 of the Act is amended by
adding the following after subsection (3):
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Exception
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(4) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under this section by reason only
that the peace officer or person possesses
property or a thing or the proceeds of property
or a thing mentioned in subsection (1) for the
purposes of an investigation or otherwise in
the execution of the peace officer's duties.
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1994, c. 44, s.
24
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24. Section 367 of the Act is replaced by
the following:
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Punishment
for forgery
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367. Every one who commits forgery
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25. The portion of subsection 368(1) of
the Act after paragraph (b) is replaced by
the following:
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as if the document were genuine,
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26. The portion of subsection 380(1) of
the Act before paragraph (a) is replaced by
the following:
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Fraud
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380. (1) Every one who, by deceit, false
hood or other fraudulent means, whether or
not it is a false pretence within the meaning of
this Act, defrauds the public or any person,
whether ascertained or not, of any property,
money or valuable security or any service,
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27. Paragraph (a) of the definition ``en
terprise crime offence'' in section 462.3 of
the Act is amended by adding the following
after subparagraph (vii):
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R.S., c. 42
(4th Supp.), s.
2
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28. (1) The portion of subsection
462.31(1) of the Act before paragraph (a) is
replaced by the following:
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Laundering
proceeds of
crime
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462.31 (1) Every one commits an offence
who uses, transfers the possession of, sends or
delivers to any person or place, transports,
transmits, alters, disposes of or otherwise
deals with, in any manner and by any means,
any property or any proceeds of any property
with intent to conceal or convert that property
or those proceeds, knowing or believing that
all or a part of that property or of those
proceeds was obtained or derived directly or
indirectly as a result of
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(2) Section 462.31 of the Act is amended
by adding the following after subsection (2):
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Exception
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(3) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under subsection (1) if the peace
officer or person does any of the things
mentioned in that subsection for the purposes
of an investigation or otherwise in the execu
tion of the peace officer's duties.
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R.S., c. 42
(4th Supp.), s.
2
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29. Subsections 462.32(1) and (2) of the
Act are replaced by the following:
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Special search
warrant
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462.32 (1) Subject to subsection (3), where
a judge, on application of the Attorney
General, is satisfied by information on oath in
Form 1 that there are reasonable grounds to
believe that there is in any building, receptacle
or place, within the province in which the
judge has jurisdiction or any other province,
any property in respect of which an order of
forfeiture may be made under subsection
462.37(1) or 462.38(2), in respect of an
enterprise crime offence alleged to have been
committed within the province in which the
judge has jurisdiction, the judge may issue a
warrant authorizing a person named therein or
a peace officer to search the building, recep
tacle or place for that property and to seize that
property and any other property in respect of
which that person or peace officer believes, on
reasonable grounds, that an order of forfeiture
may be made under that subsection.
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Procedure
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(2) An application for a warrant under
subsection (1) may be made ex parte, shall be
made in writing and shall include a statement
as to whether any previous applications have
been made under subsection (1) with respect
to the property that is the subject of the
application.
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Execution of
warrant
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(2.1) Subject to subsection (2.2), a warrant
issued pursuant to subsection (1) may be
executed anywhere in Canada.
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Execution in
another
province
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(2.2) Where a warrant is issued under
subsection (1) in one province but it may be
reasonably expected that it is to be executed in
another province and the execution of the
warrant would require entry into or on the
property of any person in the other province,
a judge in the other province may, on ex parte
application, confirm the warrant, and when
the warrant is so confirmed it shall have full
force and effect in that other province as
though it had originally been issued in that
province.
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30. (1) Subsection 462.33(2) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c), by adding the
word ``and'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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R.S., c. 42
(4th Supp.), s.
2
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(2) The portion of subsection 462.33(3) of
the Act before paragraph (a) is replaced by
the following:
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Restraint
order
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(3) Where an application for a restraint
order is made to a judge under subsection (1),
the judge may, if satisfied that there are
reasonable grounds to believe that there exists
within the province in which the judge has
jurisdiction or any other province, any proper
ty in respect of which an order of forfeiture
may be made under subsection 462.37(1) or
462.38(2), in respect of an enterprise crime
offence alleged to have been committed
within the province in which the judge has
jurisdiction, make an order
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(3) Section 462.33 of the Act is amended
by adding the following after subsection (3):
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Execution in
another
province
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(3.01) Subsections 462.32(2.1) and (2.2)
apply, with such modifications as the circum
stances require, in respect of a restraint order.
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R.S., c. 42
(4th Supp.), s.
2
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31. (1) Paragraph 462.34(4)(c) of the Act
is replaced by the following:
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R.S., c. 42
(4th Supp.), s.
2
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(2) Subsection 462.34(5) of the Act is
replaced by the following:
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Hearing
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(5) For the purpose of determining the
reasonableness of legal expenses referred to in
subparagraph (4)(c)(ii), a judge shall hold an
in camera hearing, without the presence of the
Attorney General, and shall take into account
the legal aid tariff of the province.
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Expenses
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(5.1) For the purpose of determining the
reasonableness of expenses referred to in
paragraph (4)(c), the Attorney General may
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Taxing legal
fees
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(5.2) The judge who made an order under
paragraph (4)(c) may, and on the application
of the Attorney General shall, tax the legal
fees forming part of the legal expenses
referred to in subparagraph (4)(c)(ii) and, in so
doing, shall take into account
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R.S., c. 42
(4th Supp.), s.
2
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(3) Paragraph 462.34(6)(b) of the Act is
replaced by the following:
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32. The Act is amended by adding the
following after section 462.34:
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Application of
property
restitution
provisions
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462.341 (1) Subsection 462.34(2), para
graph 462.34(4)(c) and subsections 462.34(5),
(5.1) and (5.2) apply, with such modifications
as the circumstances require, in respect of a
person who has an interest in money or
banknotes that are seized under this Act, the
Food and Drugs Act or the Narcotic Control
Act and in respect of which proceedings may
be taken under subsection 462.37(1) or
462.38(2).
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R.S., c. 42
(4th Supp.), s.
2
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33. Section 462.35 of the Act is replaced
by the following:
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Expiration of
special
warrants and
restraint
orders
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462.35 (1) Subject to this section, where
property has been seized under a warrant
issued pursuant to section 462.32 or a restraint
order has been made under section 462.33 in
relation to property, the property may be
detained or the order may continue in force, as
the case may be, for a period not exceeding six
months from the seizure or the making of the
order, as the case may be.
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Where
proceedings
instituted
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(2) The property may continue to be
detained, or the order may continue in force,
for a period that exceeds six months if
proceedings are instituted in respect of which
the thing detained may be forfeited.
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Where
application
made
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(3) The property may continue to be
detained or the order may continue in force for
a period or periods that exceed six months if
the continuation is, on application made by the
Attorney General, ordered by a judge, where
the judge is satisfied that the property is
required, after the expiration of the period or
periods, for the purpose of section 462.37 or
462.38 or any other provision of this or any
other Act of Parliament respecting forfeiture
or for the purpose of any investigation or as
evidence in any proceeding.
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34. The Act is amended by adding the
following after section 462.37:
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Definition of
``order''
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462.371 (1) In this section, ``order'' means
an order made under section 462.37 or 462.38.
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Execution
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(2) An order may be executed anywhere in
Canada.
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Filing of order
from another
province
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(3) Where the Attorney General of a
province in which property that is the subject
of an order made in another province is
situated receives a certified copy of the order
and files it with the superior court of criminal
jurisdiction of the province in which the
property is situated, the order shall be entered
as a judgment of that court.
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Attorney
General of
Canada
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(4) Where the Attorney General of Canada
receives a certified copy of an order made in
a province in respect of property situated in
another province and files the order with the
superior court of criminal jurisdiction of the
province in which the property is situated, the
order shall be entered as a judgment of that
court.
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Effect of
registered
order
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(5) An order has, from the date it is filed in
a court of a province under subsection (3) or
(4), the same effect as if it had been an order
originally made by that court.
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