Bill C-608
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C-608
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-608
An Act to amend the Criminal Code (failure to inform)
first reading, December 15, 2010
Mr. Guimond (Montmorency — Charlevoix — Haute-Côte-Nord)
403180
SUMMARY
This enactment amends the Criminal Code to make it an offence not to report to the authorities instances of sexual or physical abuse of a child.
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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-608
An Act to amend the Criminal Code (failure to inform)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 221:
Definition of “child”
221.1 For the purposes of sections 221.2 to 221.4, “child” means a person under the age of eighteen years.
Failure or negligence
221.2 Every person who, without reasonable cause, fails or neglects to lay an information before the police or report to social services regarding instances in which he or she has reasonable grounds to believe that a child
(a) is being or has been subjected to gestures of a sexual nature, with or without physical contact, by one of his or her parents or another person,
(b) runs a serious risk of being subjected to gestures of a sexual nature, with or without physical contact, by one of his or her parents or another person,
(c) is or has been the victim of physical injury inflicted by one of his or her parents or another person, or
(d) runs a serious risk of being the victim of physical injury inflicted by one of his or her parents or another person,
is guilty of an offence punishable on summary conviction and liable to a fine not exceeding five thousand dollars or to a term of imprisonment not exceeding six months or to both.
Failure or negligence — reputation
221.3 Every person who fails or neglects to report a situation described in section 221.2 in order to prevent prejudice to his or her reputation or the reputation of an organization of which he or she is a member, employee, officer or director is guilty of an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars or to a term of imprisonment not exceeding eighteen months or to both.
Exceptions
221.4 Sections 221.2 and 221.3 do not apply, in respect of a situation described in section 221.2, to
(a) the victim, even once he or she has reached the age of majority;
(b) the therapist of a now-adult victim;
(c) the lawyer who, in the performance of his or her profession, receives information concerning the situation; and
(d) the person who was a minor when he or she learned of the situation.
Published under authority of the Speaker of the House of Commons
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