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(2) Subsection 342.1(2) of the Act is
amended by adding the following in
alphabetical order:
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``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 reasonable 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
imprisonment 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
designed 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,
falsehood 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
``enterprise 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
|
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
execution 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,
receptacle 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
|
(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
|
(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
|
(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
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, 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
|
(3.01) Subsections 462.32(2.1) and (2.2)
apply, with such modifications as the
circumstances require, in respect of a restraint
order.
|
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R.S., c. 42
(4th Supp.), s.
2
|
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
|
(2) Subsection 462.34(5) of the Act is
replaced by the following:
|
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Hearing
|
(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
|
(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
|
(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
|
(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:
|
|
Application of
property
restitution
provisions
|
462.341 (1) Subsection 462.34(2),
paragraph 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).
|
|
R.S., c. 42
(4th Supp.), s.
2
|
33. Section 462.35 of the Act is replaced
by the following:
|
|
Expiration of
special
warrants and
restraint
orders
|
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.
|
|
Where
proceedings
instituted
|
(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.
|
|
Where
application
made
|
(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:
|
|
Definition of
``order''
|
462.371 (1) In this section, ``order'' means
an order made under section 462.37 or 462.38.
|
|
Execution
|
(2) An order may be executed anywhere in
Canada.
|
|
Filing of order
from another
province
|
(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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