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Bill C-366

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2nd Session, 35th Parliament,
45 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-366

An Act to amend the Criminal Code (joyriding)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. (1) Subsection 335(1) of the Criminal Code is replaced by the following:

Taking motor vehicle or vessel without consent

(1) Every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated is guilty of an offence punishable on summary conviction and, notwithstanding the Young Offenders Act or any other Act or law, is liable to a term of imprisonment of not less than six months and not exceeding two years, or to a fine of not less than $1,000 and not exceeding $5,000, or to both, and, if ordered by the court, to pay an amount of damages fixed by the court as restitution to the victim of the offence.

(2) The Act is amended by adding the following after subsection (2):

Payment by parent or guardian

(3) Notwithstanding any other Act or law, where a court finds a young person under the meaning of the Young Offenders Act guilty of an offence under subsection (1), and the court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, with or without restitution or any other action, the court may, if satisfied that the parent or guardian of the young person contributed to the commission of the offence by neglecting to exercise due care of the young person or otherwise, order that the fine, damages or costs awarded be paid by the parent or guardian instead of by the young person.