WARRANT TO SEARCH

Canada,

Province of ................,

(territorial division).

To the peace officers in the said (territorial division) or to the (named public officers):

Whereas it appears on the oath of A.B., of ................ that there are reasonable grounds for believing that (describe things to be searched for and offence in respect of which search is to be made) are in ................ at ................, hereinafter called the premises;

This is, therefore, to authorize and require you between the hours of (as the justice may direct) to enter into the said premises and to search for the said things and to bring them before me or some other justice.

Dated this ................ day of ................ A.D. ........, at ................ .

...........................................

A Justice of the Peace in
and for..................

1997, c. 39, s. 3

46. Form 7 in Part XXVIII of the Act is replaced by the following:

FORM 7

(Sections 475, 493, 597, 800 and 803)

WARRANT FOR ARREST

Canada,

Province of ................,

(territorial division).

To the peace officers in the said (territorial division):

This warrant is issued for the arrest of A.B., of ................, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused is charged);

And whereas:*

    (a) there are reasonable grounds to believe that it is necessary in the public interest to issue this warrant for the arrest of the accused [507(4), 512(1)];

    (b) the accused failed to attend court in accordance with the summons served on him [512(2)];

    (c) (an appearance notice or a promise to appear or a recognizance entered into before an officer in charge) was confirmed and the accused failed to attend court in accordance therewith [512(2)];

    (d) it appears that a summons cannot be served because the accused is evading service [512(2)];

    (e) the accused was ordered to be present at the hearing of an application for a review of an order made by a justice and did not attend the hearing [520(5), 521(5)];

    (f) there are reasonable grounds to believe that the accused has contravened or is about to contravene the (promise to appear or undertaking or recognizance) on which he was released [524(1), 525(5), 679(6)];

    (g) there are reasonable grounds to believe that the accused has since his release from custody on (a promise to appear or an undertaking or a recognizance) committed an indictable offence [524(1), 525(5), 679(6)];

    (h) the accused was required by (an appearance notice or a promise to appear or a recognizance entered into before an officer in charge or a summons) to attend at a time and place stated therein for the purposes of the Identification of Criminals Act and did not appear at that time and place [502, 510];

    (i) an indictment has been found against the accused and the accused has not appeared or remained in attendance before the court for his trial [597];

    (j) * *

This is, therefore, to command you, in Her Majesty's name, forthwith to arrest the said accused and to bring him before (state court, judge or justice), to be dealt with according to law.

(Add where applicable) Whereas there are reasonable grounds to believe that the accused is or will be present in (here describe dwelling-house);

This warrant is also issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the accused, subject to the condition that you may not enter the dwelling-house unless you have, immediately before entering the dwelling-house, reasonable grounds to believe that the person to be arrested or apprehended is present in the dwelling-house.

Dated this ................ day of ................ A.D. ........, at ................ .

........................................
Judge, Clerk of the Court,
Provincial Court Judge or Justice

*Initial applicable recital.

* *For any case not covered by recitals (a) to (i), insert recital in the words of the statute authorizing the warrant.

R.S., c. 27 (1st Supp.), s. 184(7)

47. Form 16 of Part XXVIII of the Act is replaced by the following:

FORM 16

(Section 699)

SUBPOENA TO A WITNESS

Canada,

Province of ................,

(territorial division).

To E.F., of ................, (occupation);

Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);

This is therefore to command you to attend before (set out court or justice), on ................ the ................ day of ................ A.D. ......., at ............ o'clock in the ........ noon at ................ to give evidence concerning the said charge.*

*Where a witness is required to produce anything, add the following:

    and to bring with you anything in your possession or under your control that relates to the said charge, and more particularly the following: (specify any documents, objects or other things required).

Dated this ................ day of ................ A.D. ........, at ................ .

........................................
A Judge, Justice or Clerk of
the court

(Seal, if required)

1996, c. 19; 1996, c. 8; 1997, c. 18

CONTROLLED DRUGS AND SUBSTANCES ACT

1997, c. 18, subpar. 140(c)(ii)

48. Subsection 9(3) of the Controlled Drugs and Substances Act is replaced by the following:

Exception

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (2) if the peace officer or person does anything mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of their duties.

49. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

Circumstan-
ces to take into consideration

(2) If a person is convicted of a designated substance offence, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person

(2) Subsection 10(3) of the Act is replaced by the following:

Reasons

(3) If, under subsection (1), the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)(a) to (c), but decides not to sentence the person to imprisonment, the court shall give reasons for that decision.

1992, c. 20; 1993, c. 34; 1995, cc. 22, 39, 42; 1996, c. 19; 1997, c. 17

CORRECTIONS AND CONDITIONAL RELEASE ACT

1995, c. 42, s. 39

50. Paragraph 125(1)(a) of the Corrections and Conditional Release Act is amended by striking out the word ``or'' at the end of subparagraph (iii) and by replacing subparagraph (iv) with the following:

      (iv) an offence set out in Schedule II in respect of which an order has been made under section 743.6 of the Criminal Code, or

      (v) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);

CONDITIONAL AMENDMENTS

1995, c. 22

51. On the later of the day on which subsection 5(2) of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, comes into force and the day on which section 25 of this Act comes into force, paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code is replaced by the following:

      (b) an order made under subsection 100(1) or (2), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2) or 730(1), section 737, 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5 or subsection 747.1(1),

Bill C-20

52. If Bill C-20, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Competition Act and other Acts as a consequence, is assented to, then, on the later of the day on which section 13 of that Act comes into force and the day on which this section comes into force, paragraph (b.1) of the definition ``enterprise crime offence'' in section 462.3 of the Criminal Code is replaced by the following:

      (b.1) an offence against section 126.1 or 126.2 or subsection 233(1) or 240(1) of the Excise Act, section 153, 159, 163.1 or 163.2 of the Customs Act or subsection 52.1(9) of the Competition Act, or

Bill C-25

53. If Bill C-25, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the National Defence Act and to make consequential amendments to other Acts, is assented to, then, on the later of the day on which section 116 of that Act comes into force and the day on which section 50 of this Act comes into force, paragraph 125(1)(a) of the Corrections and Conditional Release Act is amended by striking out the word ``or'' at the end of subparagraph (iv) and by replacing subparagraph (v) with the following:

      (v) an offence contrary to section 130 of the National Defence Act where the offence is murder, an offence set out in Schedule I or an offence set out in Schedule II in respect of which an order has been made under section 140.4 of the National Defence Act, or

      (vi) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);

COMING INTO FORCE

Coming into force

54. Except for sections 9, 51, 52 and 53, this Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.