Bill C-42

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Royal Assent

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	SCHEDULE (Section 84)
	FORM 9
	(Section 493)
	APPEARANCE NOTICE ISSUED BY A PEACE OFFICER TO A PERSON NOT YET CHARGED WITH AN OFFENCE
	Canada,
	Province of ....................,
	(territorial division).
	To A.B., of ................, (occupation):
	You are alleged to have committed (set out substance of offence).
	1. You are required to attend court on ............day, the ................ day of ................ A.D. ........, at ............ o'clock in the ........ noon, in courtroom No. ........, at ................ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.
	2. You are also required to appear on ............day, the ................ day of ................ A.D. ........, at ............ o'clock in the ........ noon, at ...........................(police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)
	You are warned that failure to attend court in accordance with this appearance notice is an offence under subsection 145(5) of the Criminal Code.
	Subsections 145(5) and (6) of the Criminal Code state as follows:
	``(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, or to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1), is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.''

	Section 502 of the Criminal Code states as follows:
	``502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which he is charged.''
	Issued at ........ a.m./p.m. this ................ day of ................ A.D. ........, at ................. .
	........................................ (Signature of peace officer)
	........................................ (Signature of accused)
	FORM 10
	(Section 493)
	PROMISE TO APPEAR
	Canada,
	Province of ....................,
	(territorial division).
	I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of offence).
	In order that I may be released from custody,
	1. I promise to attend court on ............day, the ................ day of ................ A.D. ........, at ............ o'clock in the ........ noon, in courtroom No. ........, at ............ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.
	2. I also promise to appear on ............day, the ................ day of ................ A.D. ........, at ............. o'clock in the ........ noon, at ....................(police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)
	I understand that failure without lawful excuse to attend court in accordance with this promise to appear is an offence under subsection 145(5) of the Criminal Code.
	Subsections 145(5) and (6) of the Criminal Code state as follows:
	``(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, or to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1), is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.''

	Section 502 of the Criminal Code states as follows:
	``502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which he is charged.''
	Dated this ................ day of ................ A.D. ........, at ................. .
	........................................ (Signature of accused)
	FORM 11
	(Section 493)
	RECOGNIZANCE ENTERED INTO BEFORE AN OFFICER IN CHARGE OR OTHER PEACE OFFICER
	Canada,
	Province of ....................,
	(territorial division).
	I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of offence).
	In order that I may be released from custody, I hereby acknowledge that I owe $ (not exceeding $500) to Her Majesty the Queen to be levied on my real and personal property if I fail to attend court as hereinafter required.
	(or, for a person not ordinarily resident in the province in which the person is in custody or within two hundred kilometres of the place in which the person is in custody)
	In order that I may be released from custody, I hereby acknowledge that I owe $ (not exceeding $500) to Her Majesty the Queen and deposit herewith (money or other valuable security not exceeding in amount or value $500) to be forfeited if I fail to attend court as hereinafter required.
	1. I acknowledge that I am required to attend court on ............day, the ................ day of ................ A.D. ........, at ............ o'clock in the ........ noon, in courtroom No. ........, at ................ court, in the municipality of ................, and to attend thereafter as required by the court, in order to be dealt with according to law.
	2. I acknowledge that I am also required to appear on ............day, the ................ day of ................ A.D. ........, at ............ o'clock in the ........ noon, at ......................(police station), (address), for the purposes of the Identification of Criminals Act. (Ignore if not filled in.)
	I understand that failure without lawful excuse to attend court in accordance with this recognizance to appear is an offence under subsection 145(5) of the Criminal Code.
	Subsections 145(5) and (6) of the Criminal Code state as follows:
	``(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, or to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1), is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.
	(6) For the purposes of subsection (5), it is not a lawful excuse that an appearance notice, promise to appear or recognizance states defectively the substance of the alleged offence.''

	Section 502 of the Criminal Code states as follows:
	``502. Where an accused who is required by an appearance notice or promise to appear or by a recognizance entered into before an officer in charge to appear at a time and place stated therein for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, where the appearance notice, promise to appear or recognizance has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which he is charged.''
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of accused)
	FORM 11.1
	(Sections 493, 499 and 503)
	UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE
	Canada,
	Province of ....................,
	(territorial division).
	I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of the offence).
	In order that I may be released from custody by way of (a promise to appear or a recognizance entered into before an officer in charge), I undertake to (insert any conditions that are directed):
	(a) report at (state times) to (name of peace officer or other person designated);
	(b) remain within (designated territorial jurisdiction);
	(c) notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
	(d) abstain from communicating with (name of witness or other person) or from going to (name or description of place) except in accordance with the following conditions: (as the peace officer or other person designated specifies); and
	(e) deposit my passport with (name of peace officer or other person designated).
	I understand that I am not required to give an undertaking to abide by the conditions specified above, but that if I do not, I may be kept in custody and brought before a justice so that the prosecutor may be given a reasonable opportunity to show cause why I should not be released on giving an undertaking without conditions.
	I understand that if I give an undertaking to abide by the conditions specified above, then I may apply, at any time before I appear, or when I appear, before a justice pursuant to (a promise to appear or a recognizance entered into before an officer in charge), to have this undertaking vacated or varied and that my application will be considered as if I were before a justice pursuant to section 515 of the Criminal Code.
	I also understand that this undertaking remains in effect until it is vacated or varied.
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of accused)
	FORM 12
	(Sections 493 and 679)
	UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE
	Canada,
	Province of ....................,
	(territorial division).
	I, A.B., of ................, (occupation), understand that I have been charged that (set out briefly the offence in respect of which accused is charged).
	In order that I may be released from custody, I undertake to attend court on ............day, the ................ day of ................ A.D. ........, and to attend thereafter as required by the court in order to be dealt with according to law (or, where date and place of appearance before court are not known at the time undertaking is given, to attend at the time and place fixed by the court and thereafter as required by the court in order to be dealt with according to law).
	(and, where applicable)
	I also undertake to (insert any conditions that are directed)
	(a) report at (state times) to (name of peace officer or other person designated);
	(b) remain within (designated territorial jurisdiction);
	(c) notify (name of peace officer or other person designated) of any change in my address, employment or occupation;
	(d) abstain from communication with (name of witness or other person) except in accordance with the following conditions: (as the justice or judge specifies);
	(e) deposit my passport (as the justice or judge directs); and
	(f) (any other reasonable conditions).
	I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code.
	Subsections 145(2) and (3) of the Criminal Code state as follows:
	``(2) Every one who,
	(a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or
	(b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge,
	or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
	(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance directed by a justice or judge, and every person who is bound to comply with a direction ordered under subsection 515(12) or 522(2.1), and who fails, without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) an offence punishable on summary conviction.''

	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of accused)
	FORM 29
	(Section 507)
	ENDORSEMENT OF WARRANT
	Canada,
	Province of ................,
	(territorial division).
	Whereas this warrant is issued under section 507, 508 or 512 of the Criminal Code in respect of an offence other than an offence mentioned in section 522 of the Criminal Code, I hereby authorize the release of the accused pursuant to section 499 of that Act.
	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................
	A Justice of the Peace in and for............................
	FORM 33
	(Section 770)
	CERTIFICATE OF DEFAULT TO BE ENDORSED ON RECOGNIZANCE
	I hereby certify that A.B. (has not appeared as required by this recognizance or has not complied with a condition of this recognizance) and that by reason thereof the ends of justice have been (defeated or delayed, as the case may be).
	The nature of the default is................................ and the reason for the default is.............(state reason if known).
	The names and addresses of the principal and sureties are as follows:



	Dated this ................ day of ................ A.D. ........, at ................ .
	........................................ (Signature of justice, judge, provincial court judge, clerk of the court, peace officer or other person, as the case may be) (Seal, if required)