This enactment amends the Criminal Code to, among other things,

The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,

Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.

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

Attorney General

• (a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy or, if those proceedings are referred to in subsection 2.‍3(1), the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them,

• (b) means the Attorney General of Canada and includes his or her lawful deputy with respect to

  • (i) Yukon, the Northwest Territories and Nunavut, or

  • (ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, and

• (c) means the Director of Public Prosecutions appointed under subsection 3(1) of the Director of Public Prosecutions Act with respect to proceedings in relation to an offence under the Canada Elections Act; (procureur général)

audioconference means any means of telecommunication that allows the judge or justice and any individual to communicate orally in a proceeding; (audioconférence)

videoconference means any means of telecommunication that allows the judge, justice or chairperson of a Review Board, as defined in subsection 672.‍1(1), and any individual to engage in simultaneous visual and oral communication in a proceeding; (vidéoconférence)

appearance notice means a notice in Form 9 issued by a peace officer; (citation à comparaître)

intimate partner with respect to a person, includes their current or former spouse, common-law partner and dating partner; (partenaire intime)

recognizance means a recognizance in Form 32 entered into before a judge or justice; (engagement)

release order means an order in Form 11 made by a judge as defined in section 493 or a justice; (ordonnance de mise en liberté)

summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.‍1(1); (sommation)

undertaking means, unless a contrary intention appears, an undertaking in Form 10 given to a peace officer; (promesse)

Concurrent jurisdiction

2.‍3 (1) The proceedings for the purposes of paragraph (a) of the definition Attorney General in section 2 are

• (a) proceedings in relation to an offence under subsection 7(2.‍01), (2.‍3) or (2.‍31) or section 57, 58, 83.‍12, 103, 104, 121.‍1, 380, 382, 382.‍1, 400, 424.‍1, 431.‍1, 467.‍11 or 467.‍111 or in relation to any terrorism offence;

• (b) proceedings in relation to an offence against a member of United Nations personnel or associated personnel under section 235, 236, 266 to 269, 269.‍1, 271 to 273, 279 or 279.‍1;

• (c) proceedings in relation to an offence referred to in subsection 7(3.‍71) or in relation to an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.‍01(1) if the act or omission constituting the offence was committed outside Canada and is deemed under any of subsections 7(2), (2.‍1) to (2.‍21), (3), (3.‍1), (3.‍72) and (3.‍73) to have been committed in Canada;

• (d) proceedings in relation to an offence if the act or omission constituting the offence is a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.‍01(1) and was committed outside Canada and is deemed by virtue of subsection 7(3.‍74) or (3.‍75) to have been committed in Canada;

• (e) a proceeding in relation to an offence under section 811 that arises out of a breach of a recognizance made under section 810.‍01 or 810.‍011, if he or she has given consent to the information referred to in those sections; and

• (f) proceedings under section 83.‍13, 83.‍14, 83.‍222, 83.‍223, 83.‍28, 83.‍29 or 83.‍3.

For greater certainty — Attorney General of Canada

(2) For greater certainty, the Attorney General of Canada or his or her lawful deputy may, in respect of an offence referred to in subsection (1) or an offence under any Act of Parliament — other than this Act or the Canada Elections Act — or any regulation made under such an Act, exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act, and those powers include the power to commence and to conduct

• (a) a proceeding for conspiring or attempting to commit such an offence or for being an accessory after the fact or counselling a person to be a party to such an offence;

• (b) a proceeding in relation to a criminal organization offence that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding;

• (c) a proceeding in relation to an offence referred to in section 354, 355.‍2, 355.‍4 or 462.‍31 that arises out of conduct that relates, in whole or in part, to any offence for which he or she has the power to commence and to conduct a proceeding or out of any act or omission that, if it had occurred in Canada, would have constituted such an offence;

• (d) a proceeding for the breach of any court order made in the course of a proceeding commenced or conducted by him or her;

• (e) a proceeding for the failure to comply with any condition associated with the release of a person by a peace officer or other competent authority — including a condition to appear at a specified time and place — in relation to any offence for which he or she has the power to commence and to conduct a proceeding; and

• (f) any ancillary proceedings in relation to any offence for which he or she has the power to commence and to conduct a proceeding.

For greater certainty — Director of Public Prosecutions

(3) For greater certainty, in respect of an offence under the Canada Elections Act, the Director of Public Prosecutions, subject to the Director of Public Prosecutions Act, exercises the powers and performs the duties and functions of the Attorney General of Canada referred to in subsection (2).

Clerk of the court

(2) Unless otherwise provided or ordered, if anything is done from the bench by a court, justice or judge and it is reduced to writing, the clerk of the court may sign the writing.

Offence in relation to sexual offences against children

(4.‍1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151, 152, 153 or 155, subsection 160(2) or (3), section 163.‍1, 170, 171, 171.‍1, 172.‍1, 172.‍2 or 173 or subsection 286.‍1(2) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Certain acts on holidays valid

20 A warrant, summons, appearance notice, undertaking, release order or recognizance that is authorized by this Act may be executed, issued, given or entered into, as the case may be, on a holiday.

Sabotage

52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act for a purpose prejudicial to

Possession of forged, etc.‍, passport

(3) Every person who, without lawful excuse, has in their possession a forged passport or a passport in respect of which an offence under subsection (2) has been committed is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Fraudulent use of certificate of citizenship

58 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, while in or outside Canada,

Offences in relation to military forces

62 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally

Punishment of rioter

65 (1) Every person who takes part in a riot is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Concealment of identity

(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Neglect by peace officer

69 A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Punishment

(3) Every person who contravenes an order made under this section is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Possession of explosive

82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Providing or collecting property for certain activities

83.‍02 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects prop­erty intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

Providing, making available, etc.‍, property or services for terrorist purposes

83.‍03 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

Using or possessing property for terrorist purposes

83.‍04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who

Offences — freezing of property, disclosure or audit

83.‍12 (1) Every person who contravenes any of sections 83.‍08, 83.‍1 and 83.‍11 is guilty of an offence and liable

• (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or

• (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.

Procedure

(11) Subsections 462.‍32(4) and (6), sections 462.‍34 to 462.‍35 and 462.‍4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)‍(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

Participation in activity of terrorist group

83.‍18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Leaving Canada to participate in activity of terrorist group

83.‍181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.‍18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Advocating or promoting commission of terrorism offences

83.‍221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Concealing person who carried out terrorist activity

83.‍23 (1) Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and

• (b) an indictable offence and liable to imprisonment for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.

(2) Subsection 83.‍23(2) of the English version of the Act is replaced by the following:

• (b) an offence punishable on summary conviction.

When person to be taken before judge

(6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

• (b) is guilty of an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

• (i) the person’s intimate partner,

• (a) the person’s intimate partner;

Punishment

(3) Every person who commits an offence under this section is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Peine

(4) Quiconque contrevient au paragraphe (1) est coupable :

• a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans et, si la quantité de produits du tabac est égale ou supérieure à 10 000 cigarettes ou à 10 kg de tout autre produit du tabac, ou si celle de tabac en feuilles est égale ou supérieure à 10 kg :

• (b) is guilty of an offence punishable on summary conviction.

Breach of trust by public officer

122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Municipal corruption

123 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official

Influencing municipal official

(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who influences or attempts to influence a municipal official to do anything mentioned in paragraphs (1)‍(a) to (d) by

Selling or purchasing office

124 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

Influencing or negotiating appointments or dealing in offices

125 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

Disobeying a statute

126 (1) Every person who, without lawful excuse, contravenes an Act of Parliament by intentionally doing anything that it forbids or by intentionally omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Misconduct of officers executing process

128 Every peace officer or coroner is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being entrusted with the execution of a process, intentionally

Evidence in specific cases

(1.‍1) Evidence given under section 714.‍1, 714.‍2 or 714.‍3 or under subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.‍2 of the Mutual Legal Assistance in Criminal Matters Act is deemed to be evidence given by a witness in a judicial proceeding for the purposes of subsection (1).

Offences relating to affidavits

138 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Idem

(2) Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Compounding indictable offence

141 (1) Every person who asks for or obtains or agrees to receive or obtain any valuable consideration for themselves or any other person by agreeing to compound or conceal an indictable offence is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Corruptly taking reward for recovery of goods

142 Every person who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Prison breach

144 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

Escape and being at large without excuse

145 (1) Every person who escapes from lawful custody or who is, before the expiration of a term of imprisonment to which they were sentenced, at large in or outside Canada without lawful excuse, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Failure to attend court or surrender

(2) Every person 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 who,

• (a) is at large on a release order and who fails, without lawful excuse, to attend court in accordance with the release order;

• (b) having appeared before a court, justice or judge, fails, without lawful excuse, to subsequently attend court as required by the court, justice or judge; or

• (c) fails to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

Failure to comply with appearance notice or summons

(3) Every person who is named in an appearance notice that has been confirmed by a justice under section 508 or who is served with a summons and who fails, without lawful excuse, to appear at the time and place stated in the notice or the summons, as the case may be, for the purposes of the Identification of Criminals Act, or to attend court in accordance with the notice or the summons, as the case may be, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Failure to comply with undertaking

(4) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or an offence punishable on summary conviction who,

• (a) is at large on an undertaking and who fails, without lawful excuse, to comply with a condition of that undertaking; or

• (b) is at large on an undertaking that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act or to attend court in accordance with the undertaking.

Failure to comply with order

(5) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or is guilty of an offence punishable on summary conviction, who

• (a) is at large on a release order and who fails, without lawful excuse, to comply with a condition of that release order other than the condition to attend court; or

• (b) is bound to comply with an order under subsection 515(12), 516(2) or 522(2.‍1) and who fails, without lawful excuse, to comply with that order.

Not an excuse

(6) For the purposes of subsections (3) and (4), it is not a lawful excuse that an appearance notice or undertaking states defectively the substance of the alleged offence.

Election of Crown under Contraventions Act

(8) For the purposes of paragraph (2)‍(a) and subsections (3) to (5), it is a lawful excuse to fail to attend court in accordance with a Insertion start summons, appearance notice, undertaking or Insertion end release order, to comply with a condition of an undertaking or release order or to fail to appear at the time and place stated in a summons, an appearance notice or an undertaking for the purposes of the Identification of Criminals Act if — before the failure — the Attorney General, within the meaning of the Contraventions Act, makes an election under section 50 of that Act.

Proof of certain facts by certificate

(9) In any proceedings under subsections (2) to (4), a certificate of the clerk of the court or a judge of the court before which the accused is alleged to have failed to attend or of the person in charge of the place at which it is alleged the accused failed to attend for the purposes of the Identification of Criminals Act is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate if the certificate states that,

• (a) in the case of proceedings under subsection (2), the accused failed to attend court as required by the release order or, having attended court, failed to subsequently attend court as required by the court, judge or justice or failed to surrender in accordance with an order of the court, judge or justice, as the case may be;

• (b) in the case of proceedings under subsection (3), the accused was named in an appearance notice that was confirmed by a justice under section 508 and the accused failed to attend court in accordance with the notice or failed to appear at the time and place stated in the notice for the purposes of the Identification of Criminals Act, as the case may be;

• (c) in the case of proceedings under subsection (3), a summons was issued to and served on the accused and the accused failed to attend court in accordance with the summons or failed to appear at the time and place stated in the summons for the purposes of the Identification of Criminals Act, as the case may be; and

• (d) in the case of proceedings under subsection (4), the accused was at large on an undertaking that was confirmed by a justice under section 508, and the accused failed to attend court in accordance with the undertaking or failed to appear at the time and place stated in the undertaking for the purposes of the Identification of Criminals Act, as the case may be.

Permitting or assisting escape

146 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Rescue or permitting escape

147 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

Assisting prisoner of war to escape

148 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who knowingly

Idem

(5) It is not a defence to a charge under section 153, 170, 171 or 172 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2) that the accused believed that the complainant was 18 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

Personnes en situation d’autorité

153.‍1 (1) Toute personne qui est en situation d’autorité ou de confiance vis-à-vis d’une personne ayant une déficience mentale ou physique ou à l’égard de laquelle celle-ci est en situation de dépendance et qui, à des fins d’ordre sexuel, engage ou incite la personne handicapée à la toucher, à se toucher ou à toucher un tiers, sans son consentement, directement ou indirectement, avec une partie du corps ou avec un objet est coupable :

• a) soit d’un acte criminel passible d’un emprisonnement maximal de cinq ans;

• b) soit d’une infraction punissable sur déclaration de culpabilité par procédure sommaire.

• (b) an offence punishable on summary conviction.

Historical offences

156 No person shall be convicted of any sexual offence under this Act as it read from time to time before January 4, 1983 unless the conduct alleged would be an offence under this Act if it occurred on the day on which the charge was laid.

• (a) an offence under section 151, 152 or 155, subsection 160(2) or (3), section 163.‍1, 170, 171, 171.‍1, 172.‍1 or 172.‍2, subsection 173(2), section 271, 272, 273 or 279.‍011, subsection 279.‍02(2) or 279.‍03(2), section 280 or 281 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2);

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction.

Corrupting children

172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

Obstructing or violence to or arrest of officiating clergyman

176 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Common nuisance

180 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so

Dead body

182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

Interception

184 (1) Every person who, by means of any electro-magnetic, acoustic, mechanical or other device, knowingly intercepts a private communication is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Interception of radio-based telephone communications

184.‍5 (1) Every person who intercepts, by means of any electro-magnetic, acoustic, mechanical or other device, maliciously or for gain, a radio-based telephone communication, if the originator of the communication or the person intended by the originator of the communication to receive it is in Canada, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Execution in Canada

188.‍1 An authorization given under section 184.‍2, 184.‍3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

Possession, etc.

191 (1) Every person who possesses, sells or purchases any electro-magnetic, acoustic, mechanical or other device or any component of it knowing that its design renders it primarily useful for surreptitious interception of private communications is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Disclosure of information

193 (1) If a private communication has been intercepted by means of an electro-magnetic, acoustic, mechanical or other device without the consent, express or implied, of the originator of that communication or of the person intended by the originator to receive it, every person commits an offence who, without the express consent of the originator of that communication or of the person intended to receive it, knowingly

• (a) uses or discloses the private communication or any part of it or the substance, meaning or purpose of it or of any part of it, or

• (b) discloses the existence of the private communication.

Punishment

(1.‍1) Every person who commits an offence under subsection (1) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Disclosure of information received from interception of radio-based telephone communications

193.‍1 (1) Every person who knowingly uses or discloses a radio-based telephone communication or who knowingly discloses the existence of such a communication is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction, if

disorderly house means a common betting house or a common gaming house; (maison de désordre)

Warrant to search

199 (1) A justice who is satisfied by information on oath that there are reasonable grounds to believe that an offence under section 201, 202, 203, 206 or 207 is being committed at any place within the jurisdiction of the justice may issue a warrant authorizing a peace officer to enter and search the place by day or night and seize anything found in that place that may be evidence that an offence under section 201, 202, 203, 206 or 207, as the case may be, is being committed at that place, and to take into custody all persons who are found in or at that place and requiring those persons and things to be brought before that justice or before another justice having jurisdiction, to be dealt with according to law.

Telephones exempt from seizure

(6) Nothing in this section or in section 489 authorizes the seizure, forfeiture or destruction of telephone, telegraph or other communication facilities or equipment that may be evidence of or that may have been used in the commission of an offence under section 201, 202, 203, 206 or 207 and that is owned by a person engaged in providing telephone, telegraph or other communication service to the public or forming part of the telephone, telegraph or other communication service or system of that person.

Keeping gaming or betting house

201 (1) Every person who keeps a common gaming house or common betting house is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Offence in relation to lotteries and games of chance

206 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Cheating at play

209 Every person who, with intent to defraud any person, cheats while playing a game or in holding the stakes for a game or in betting is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

Causing bodily harm by criminal negligence

221 Every person who by criminal negligence causes bodily harm to another person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

• (c) if a person, for an unlawful object, does anything that they know is likely to cause death, and by doing so causes the death of a human being, even if they desire to effect their object without causing death or bodily harm to any human being.

Punishment for infanticide

237 Every female person who commits infanticide is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Failure to comply with safeguards

241.‍3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.‍2(3)‍(b) to (i) and subsection 241.‍2(8) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Punishment

(3) Everyone who commits an offence under subsection (1) or (2) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Neglect to obtain assistance in childbirth

242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Concealing body of child

243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Administering noxious thing

245 (1) Every person who administers or causes to be administered to any other person or causes any other person to take poison or any other destructive or noxious thing is guilty

• (a) of an indictable offence and liable to imprisonment for a term of not more than 14 years, if they did so with intent to endanger the life of or to cause bodily harm to that person; or

• (b) of an indictable offence and liable to imprisonment for a term of not more than two years or of an offence punishable on summary conviction, if they did so with intent to aggrieve or annoy that person.

Traps likely to cause bodily harm

247 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who with intent to cause death or bodily harm to a person, whether ascertained or not,

Bodily harm

(2) Every person who commits an offence under subsection (1), and by doing so causes bodily harm to any other person, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Offence-related place

(3) Every person who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Dangerous operation causing bodily harm

(3) Every person who commits an offence under subsection (1) and by doing so causes bodily harm to any other person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Unseaworthy vessel and unsafe aircraft

251 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who endangers the life of any person by knowingly committing one of the following acts:

Offence involving bodily harm

(1.‍2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Punishment

255 (1) Every person who commits an offence under section 253 or 254 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years and to a minimum punishment of,

  • (i) for a first offence, a fine of $1,000,

  • (ii) for a second offence, imprisonment for a term of 30 days, and

  • (iii) for each subsequent offence, imprisonment for a term of 120 days; or

• (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

  • (i) for a first offence, a fine of $1,000,

  • (ii) for a second offence, imprisonment for a term of 30 days, and

  • (iii) for each subsequent offence, imprisonment for a term of 120 days.

Impaired driving causing bodily harm

(2) Every person who, while committing an offence under paragraph 253(1)‍(a), causes bodily harm to another person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or

• (b) an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).

Blood alcohol level over legal limit — bodily harm

(2.‍1) Every person who, while committing an offence under paragraph 253(1)‍(b), causes an accident resulting in bodily harm to another person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or

• (b) an offence punishable on summary conviction and liable to the maximum and minimum punishments set out in paragraph (1)‍(b).

Failure or refusal to provide sample — bodily harm

(2.‍2) Every person who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years and to the minimum punishments set out in subparagraphs (1)‍(a)‍(i) to (iii); or

• (b) an offence punishable on summary conviction and liable to the same maximum and minimum punishments set out in paragraph (1)‍(b).

• (c) if samples of the accused’s breath have been taken in accordance with a demand made under subsection 254(3), evidence of the results of the analyses of those samples is conclusive proof, in the absence of evidence tending to show that the approved instrument was malfunctioning or was operated improperly, that the concentration of alcohol in the accused’s blood both at the time when the analyses were performed and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that

• (d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent, evidence of the result of the analysis of that sample is conclusive proof, in the absence of evidence tending to show that the analysis was performed improperly, that the concentration of alcohol in the accused’s blood both at the time when the sample was taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, provided that

Impeding attempt to save life

262 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

• (b) the terms or conditions of any other order or recognizance, or of an undertaking, made or entered into under the common law, this Act or any other Act of Parliament or of a provincial legislature that is similar in effect to an order or recognizance referred to in paragraph (a).

• (b) an offence punishable on summary conviction.

Assault with a weapon or causing bodily harm

267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault,

• (c) chokes, suffocates or strangles the complainant.

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction.

• (c.‍1) chokes, suffocates or strangles the complainant; or

• (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or

Corroboration not required

274 If an accused is charged with an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 271, 272, 273, 286.‍1, 286.‍2 or 286.‍3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

Rules respecting recent complaint abrogated

275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.‍1 and 155, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

Evidence of complainant’s sexual activity

276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.‍1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

Reputation evidence

277 In proceedings in respect of an offence under section 151, 152, 153, 153.‍1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

• (a) an offence under section 151, 152, 153, 153.‍1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3; or

• (b) an offence punishable on summary conviction.

Material benefit — trafficking

279.‍02 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.‍01(1), is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Withholding or destroying documents — trafficking

279.‍03 (1) Every person who, for the purpose of committing or facilitating an offence under subsection 279.‍01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status  — whether or not the document is of Canadian origin or is authentic  —  is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Abduction of person under age of 16

280 (1) Every person who, without lawful authority, takes or causes to be taken a person under the age of 16 years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Abduction of person under age of 14

281 Every person who, not being the parent, guardian or person having the lawful care or charge of a person under the age of 14 years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of,

Material benefit from sexual services

286.‍2 (1) Every person who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.‍1(1), is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction.

Punishment

291 (1) Every person who commits bigamy is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Procuring feigned marriage

292 (1) Every person who procures or knowingly aids in procuring a feigned marriage between themselves and another person is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Polygamy

293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

• (a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or

• (b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).

Forced marriage

293.‍1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Marriage under age of 16 years

293.‍2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Pretending to solemnize marriage

294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Marriage contrary to law

295 Every person who, being lawfully authorized to solemnize marriage, knowingly solemnizes a marriage in contravention of federal law or the laws of the province in which the marriage is solemnized is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Punishment of libel known to be false

300 Every person who publishes a defamatory libel that they know is false is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Punishment for defamatory libel

301 Every person who publishes a defamatory libel is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Punishment

(3) Every person who commits an offence under this section is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Advocating genocide

318 (1) Every person who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

• (b) on summary conviction, to imprisonment for a term of not more than two years less a day.

• (a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

  • (ii) an offence punishable on summary conviction; or

• (b) if the value of what is stolen is not more than $5,000, is guilty

Fraudulently taking cattle or defacing brand

338 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

Punishment for theft of cattle

(2) Every person who commits theft of cattle is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Taking possession, etc.‍, of drift timber

339 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, without the consent of the owner,

• (a) fraudulently takes, holds, keeps in their possession, conceals, receives, appropriates, purchases or sells any lumber or lumbering equipment that is found adrift, cast ashore or lying on or embedded in the bed or bottom, or on the bank or beach, of a river, stream or lake in Canada, or in the harbours or any of the coastal waters of Canada;

• (b) removes, alters, obliterates or defaces a mark or number on such lumber or lumbering equipment; or

• (c) refuses to deliver such lumber or lumbering equipment up to the owner or to the person in charge of it on behalf of the owner or to a person authorized by the owner to receive it.

Destroying documents of title

340 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, for a fraudulent purpose, destroys, cancels, conceals or obliterates

Fraudulent concealment

341 Every person who, for a fraudulent purpose, takes, obtains, removes or conceals anything is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

• (b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $25,000 or to imprisonment for a term of not more than two years less a day, or to both.

Disguise with intent

(2) Every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Possession of instruments for breaking into coin-operated or currency exchange devices

352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is or was intended to be used for that purpose, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Selling, etc.‍, automobile master key

353 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

• (a) if the subject matter of the offence is a testamentary instrument or the value of the subject matter of the offence is more than $5,000, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

  • (ii) an offence punishable on summary conviction; or

• (b) if the value of the subject matter of the offence is not more than $5,000, is guilty

Bringing into Canada property obtained by crime

357 Every person who brings into or has in Canada anything that they have obtained outside Canada by an act that, if it had been committed in Canada, would have been the offence of theft or an offence under section 342 or 354 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

• (a) if the property obtained is a testamentary instrument or the value of what is obtained is more than $5,000, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

  • (ii) an offence punishable on summary conviction; or

• (b) if the value of what is obtained is not more than $5,000, is guilty

Idem

(3) Every person who commits an offence under paragraph (1)‍(b), (c) or (d) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Obtaining execution of valuable security by fraud

363 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud or injure another person, by a false pretence causes or induces any person

Damaging documents

377 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who unlawfully

Offences in relation to registers

378 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

Using mails to defraud

381 Every person who makes use of the mails for the purpose of transmitting or delivering letters or circulars concerning schemes devised or intended to deceive or defraud the public, or for the purpose of obtaining money under false pretences, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Fraudulent manipulation of stock exchange transactions

382 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, through the facility of a stock exchange, curb market or other market, with intent to create a false or misleading appearance of active public trading in a security or with intent to create a false or misleading appearance with respect to the market price of a security,

Prohibited insider trading

382.‍1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, buys or sells a security, knowingly using inside information that they

Gaming in stocks or merchandise

383 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to make gain or profit by the rise or fall in price of the stock of an incorporated or unincorporated company or undertaking, whether in or outside Canada, or of any goods, wares or merchandise,

This section does not apply if a broker, on behalf of a purchaser, receives delivery, even if the broker retains or pledges what is delivered as security for the advance of the purchase money or any part of it.

Broker reducing stock by selling for their own account

384 (1) Every person commits an offence who, being an individual, or a member or employee of a partnership, or a director, officer or employee of a corporation, if they or the partnership or corporation is employed as a broker by any customer to buy and carry on margin any shares of an incorporated or unincorporated company or undertaking, whether in or outside Canada, later sells or causes to be sold shares of the company or undertaking for any account in which they or their firm or a partner of the firm or the corporation or a director of the corporation has a direct or indirect interest, if the effect of the sale is, otherwise than unintentionally, to reduce the amount of those shares in the hands of the broker or under their control in the ordinary course of business below the amount of those shares that the broker should be carrying for all customers.

Punishment

(2) Every person who commits an offence under subsection (1) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Fraudulent concealment of title documents

385 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, being a vendor, mortgagor or hypothecary debtor of property or a chose in action or an incorporeal right or being a lawyer or notary for or agent or mandatary of a vendor, mortgagor or hypothecary debtor of property, a chose in action or incorporeal right, is served with a written demand for an abstract of title by or on behalf of the purchaser, mortgagee or hypothecary creditor before the completion of the purchase, mortgage or hypothec, and who

• (a) with intent to defraud and for the purpose of inducing the purchaser, mortgagee or hypothecary creditor to accept the title offered or produced to them, conceals from them any settlement, deed, will or other instrument or act material to the title, or any encumbrance on the title, or

Fraudulent registration of title

386 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, as principal, agent or mandatary in a proceeding to register title to real property or immovable property, or in a transaction relating to real property or immovable property that is or is proposed to be registered, knowingly and with intent to deceive,

Fraudulent sale of real property

387 Every person who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, lien or encumbrance of or on real property, fraudulently sells the property or any part of it is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Misleading receipt

388 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who knowingly,

Fraudulent disposal of goods on which money advanced

389 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

Fraudulent receipts under Bank Act

390 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who

• (a) knowingly makes a false statement in any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act; or

• (b) knowingly, after either giving to another person or after a person employed by them has, to their knowledge, given to another person, or after obtaining and endorsing or assigning to another person, any receipt, certificate or acknowledgment for anything that may be used for a purpose mentioned in the Bank Act, without the consent in writing of the holder or endorsee or the production and delivery of the receipt, certificate or acknowledgment, alienates or parts with, or does not deliver to the holder or owner the property mentioned in the receipt, certificate or acknowledgment.

Disposal of property to defraud creditors

392 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

Fraud in relation to fares, etc.

393 (1) Every person whose duty it is to collect a fare, toll, ticket or admission and who intentionally does any of the following is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction:

Idem

(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who gives or offers to a person whose duty it is to collect a fare, toll, ticket or admission fee any valuable consideration

Offence

(5) A person who contravenes subsection (1), (2) or (3) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Offence

(3) A person who contravenes subsection (1) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Execution in Canada

(1.‍1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

Offences in relation to mines

396 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

Books and documents

397 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, with intent to defraud,

• (a) destroys, mutilates, alters, falsifies or makes a false entry in a book, paper, writing, valuable security or document, or

• (b) omits a material particular from, or alters a material particular in, a book, paper, writing, valuable security or document.

Privy

(2) Every person who, with intent to defraud their creditors, is privy to the commission of an offence under subsection (1) is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

False return by public officer

399 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, being entrusted with the receipt, custody or management of any part of the public revenues, knowingly furnishes a false statement or return of

False prospectus, etc.

400 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who makes, circulates or publishes a prospectus, a statement or an account, whether written or oral, that they know is false in a material particular, with intent

Acknowledging instrument in false name

405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Acknowledging instrument in false name

405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance, undertaking, release order, confession of judgment, consent to judgment or judgment, deed or other instrument or act is guilty of

Applying or removing marks without authority

417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who,

• (a) uses violence or threats of violence to that person or their intimate partner or children, or injures the person’s property;

Threat against internationally protected person

424 Every person who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.‍1, 271, 272, 273, 279 or 279.‍1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Threat against United Nations or associated personnel

424.‍1 Every person who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.‍1, 271, 272, 273, 279 or 279.‍1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.‍1 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Punishment

(3) A person who commits an offence under this section is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

• (b) is guilty of an offence punishable on summary conviction.

• (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than two years less a day.

Arson for fraudulent purpose

435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Arson by negligence

436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Possession of incendiary material

436.‍1 Every person who possesses any incendiary material, incendiary device or explosive substance for the purpose of committing an offence under any of sections 433 to 436 is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Interfering with saving of wrecked vessel

438 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally prevents or impedes, or who intentionally endeavours to prevent or impede,

Idem

(2) Every person who intentionally alters, removes or conceals a signal, buoy or other sea-mark that is used for purposes of navigation is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) an offence punishable on summary conviction.

Removing natural bar without permission

440 Every person who knowingly and without the written permission of the Minister of Transport removes any stone, wood, earth or other material that forms a natural bar necessary to the existence of a public harbour, or that forms a natural protection to such a bar, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) an offence punishable on summary conviction.

Occupant injuring building

441 Every person who, intentionally and to the prejudice of a mortgagee, a hypothecary creditor or an owner, pulls down, demolishes or removes all or any part of a dwelling-house or other building of which they are in possession or occupation, or severs from the freehold any fixture fixed to it or from the immovable property any movable Insertion start property Insertion end permanently attached or joined to the immovable Insertion start property Insertion end , is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Interfering with international boundary marks, etc.

443 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who intentionally pulls down, defaces, alters or removes

• (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (b) an offence punishable on summary conviction.

• (b) an offence punishable on summary conviction and liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Having clippings, etc.

451 Every person who, without lawful justification or excuse, has in their custody or possession gold or silver filings, clippings or bullion or gold or silver in dust, solution or otherwise, produced or obtained by impairing, diminishing or lightening a current gold or silver coin, knowing that it has been so produced or obtained, is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Uttering coin

453 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who, with intent to defraud, knowingly utters

Advertising and dealing in counterfeit money, etc.

460 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who

• (a) for a first offence, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) for a second or subsequent offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than two years less a day, or to both.

Execution in Canada

(2.‍1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

Other provisions to apply

(3) Subsections 487(2.‍1) to (3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under this section.

Effect of order

(3.‍01) A restraint order issued under subsection (1) has effect throughout Canada.

• (iii) permitting the use of the property in relation to an undertaking or release order,

• (b) every one who conspires with any one to prosecute a person for an alleged offence, knowing that they did not commit that offence, is guilty of

  • (i) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to be sentenced to imprisonment for life or for a term of not more than 14 years, or

  • (ii) an indictable offence and liable to imprisonment for a term of not more than five years or an offence punishable on summary conviction, if the alleged offence is one for which, on conviction, that person would be liable to imprisonment for less than 14 years;

Participation in activities of criminal organization

467.‍11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Power to make rules

(2) The following courts may make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal:

Publication

(4) Rules of court that are made under this section must be published or otherwise made available to the public.

Provisions to apply

(4) Sections 512 and 512.‍3 apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3).

Subsections 482(4) and (5) to apply

(5) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1).

When accused not appearing personally

(1.‍1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.‍1 permitting the accused not to appear personally apply.

Reasons to be stated

(3) If an accused is charged with an offence under section 151, 152, 153, 153.‍1 or 155, subsection 160(2) or (3) or section 163.‍1, 170, 171, 171.‍1, 172, 172.‍1, 172.‍2, 173, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

• (i) an offence under section 151, 152, 153, 153.‍1, 155, 160, 162, 163.‍1, 170, 171, 171.‍1, 172, 172.‍1, 172.‍2, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 280, 281, 286.‍1, 286.‍2, 286.‍3, 346 or 347, or

Execution in Canada

(2) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

Execution in Canada

(6) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

Effect of order

(2) The order has effect throughout Canada.

Offence — preservation or production order

487.‍0198 A person, financial institution or entity that contravenes an order made under any of sections 487.‍013 to 487.‍018 without lawful excuse is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both.

Assistance order

487.‍02 If an authorization is given under section 184.‍2, 184.‍3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.

Execution in Canada

(4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• (c) may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

Manner of appearance

(3.‍01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

• (b) is guilty of an offence punishable on summary conviction.

Execution in Canada

(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• (c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

• (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Offence

(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) an offence punishable on summary conviction.

Execution in Canada

(6.‍1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

Execution in Canada

(5.‍1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

• (a) a person to whom a peace officer has issued an appearance notice under section 497, and

Principle and Considerations

Principle of restraint

493.‍1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.‍1) or 515(10), as the case may be.

Aboriginal accused or vulnerable populations

493.‍2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of

• (a) Aboriginal accused; and

• (b) accused who belong to a vulnerable population that is overrepresented in the criminal justice system and that is disadvantaged in obtaining release under this Part.

Arrest without warrant – application of section 524

495.‍1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.

Appearance notice for judicial referral hearing

496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.‍1.

Issue of appearance notice by peace officer

497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is

• (a) an indictable offence mentioned in section 553;

• (b) an offence for which the person may be prosecuted by indictment or for which they are punishable on summary conviction; or

• (c) an offence punishable on summary conviction.

Release from custody — arrest without warrant

498 (1) Subject to subsection (1.‍1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

• (a) the peace officer intends to compel the person’s appearance by way of summons;

• (b) the peace officer issues an appearance notice to the person; or

• (c) the person gives an undertaking to the peace of­ficer.

Person delivered or detained

(1.‍01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.‍5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.

Exception

(1.‍1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,

When subsections (1) and (1.‍01) do not apply

(2) Subsections (1) and (1.‍01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

Consequences of non-release

(3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of

• (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).

Release from custody — arrest with warrant

499 If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under subsection 507(6), a peace officer may release the person, if

• (a) the peace officer issues an appearance notice to the person; or

• (b) the person gives an undertaking to the peace of­ficer.

Contents of appearance notice

500 (1) An appearance notice shall

• (a) set out the name, date of birth and contact information of the accused;

• (b) set out the substance of the offence that the accused is alleged to have committed;

• (c) require the accused to attend court at a time and place to be stated in the notice and to attend afterwards as required by the court; and

• (d) indicate if the accused is required to appear at a judicial referral hearing under section 523.‍1 for a failure under section 496.

Summary of consequences — failure to appear

(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.‍2 and subsection 524(4) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.‍1.

Attendance for purposes of Identification of Criminals Act

(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Signature of accused

(4) An accused shall be requested to sign in duplicate their appearance notice and, whether or not they comply with that request, one of the duplicates shall be given to the accused. If the accused fails or refuses to sign, the lack of their signature does not invalidate the appearance notice.

Contents of undertaking

501 (1) An undertaking under paragraph 498(1)‍(c), 499(b) or 503(1.‍1)‍(b) must set out

• (a) the name, date of birth and contact information of the accused;

• (b) the substance of the offence that the accused is alleged to have committed; and

• (c) a summary of subsections 145(4) and (6), sections 512 and 512.‍2 and subsection 524(4).

Mandatory conditions

(2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

Additional conditions

(3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:

• (a) report at specified times to the peace officer or other specified person;

• (b) remain within a specified territorial jurisdiction;

• (c) notify the peace officer or other specified person of any change in their address, employment or occupation;

• (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;

• (e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;

• (f) deposit all their passports with the peace officer or other specified person;

• (g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;

• (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

• (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;

• (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and

• (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.

Attendance for purposes of Identification of Criminals Act

(4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Money or other valuable security to be deposited with justice

(5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

Signature of accused

(6) The accused shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.

Variation of undertaking on consent

502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.

Replacement by justice of undertaking with order

(2) The accused or the prosecutor may, in the absence of consent between them, apply to a justice for a release order under subsection 515(1) or (2) to replace an undertaking given by the accused under paragraph 498(1)‍(c), 499(b) or 503(1.‍1)‍(b) with the order. If the prosecutor applies for the order, the prosecutor must provide three days notice to the accused.

Appearance of the accused

502.‍1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.

Witness in Canada

(2) Despite section 714.‍1, a witness in Canada who is required to give evidence in a proceeding under this Part may do so by audioconference or videoconference, if it is satisfactory to the justice.

Witness outside Canada

(3) For greater certainty, sections 714.‍2 to 714.‍8 apply when a witness outside Canada gives evidence in a proceeding under this Part.

Participants

(4) A participant, as defined in subsection 715.‍25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.

Justice

(5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.

Taking before justice

503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

• (a) if a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period; and

• (b) if a justice is not available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice as soon as possible.

Re-evaluation of detention

(1.‍1) At any time before the expiry of the time referred to in paragraph (1)‍(a) or (b), a peace officer who is satisfied that the continued detention of the person in custody for an offence that is not listed in section 469 is no longer necessary shall release the person, if

• (a) the peace officer issues an appearance notice to the person; or

• (b) the person gives an undertaking to the peace of­ficer.

Person delivered or in custody

(2) Subsections (1) and (1.‍1) also apply to a peace officer to whom a person is delivered under subsection 494(3) or into whose custody a person is placed under subsection 163.‍5(3) of the Customs Act, except that the 24-hour period referred to in paragraphs (1)‍(a) and (b) begins after the person is delivered to the officer.

• (a) without conditions; or

• (b) on the terms of a release order containing any conditions referred to in paragraphs 515(2)‍(a) to (e) that the justice considers desirable and to which the prosecutor consents.

Release of person about to commit indictable offence

(4) A peace officer having the custody of a person who has been arrested without warrant as a person about to commit an indictable offence shall release that person as soon as practicable after the officer is satisfied that the continued detention of that person is no longer necessary in order to prevent that person from committing an indictable offence.

Consequences of non-release

(5) Despite subsection (4), a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)‍(a) or (b) for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of

• (b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4).

Time within which information to be laid in certain cases

505 If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to have been committed by the accused or relating to an included or other offence alleged to have been committed by them shall be laid before a justice as soon as practicable after the issuance or release, and in any event before the time stated in the appearance notice or undertaking for their attendance in court.

Endorsement of warrant by justice

(6) A justice who issues a warrant under this section or section 508, 512, 512.‍1 or 512.‍2 may, unless the offence is one listed in section 469, authorize the release of the accused under section 499 by making an endorsement on the warrant in Form 29.

Undertaking or appearance notice deemed confirmed

(7) If, under subsection (6), a justice authorizes the release of an accused under section 499, an appearance notice or undertaking referred to in that section shall be deemed, for the purposes of subsection 145(3) or (4), as the case may be, to have been confirmed by a justice under section 508.

• (b) if the justice considers that a case for so doing is made out, whether the information relates to the offence alleged in the appearance notice or undertaking or to an included or other offence,

  • (i) confirm the appearance notice or undertaking and endorse the information accordingly, or

  • (ii) cancel the appearance notice or undertaking and issue, in accordance with section 507, either a summons or a warrant for the arrest of the accused to compel the accused to attend before the justice or some other justice for the same territorial division to answer to a charge of an offence and endorse on the summons or warrant that the appearance notice or undertaking has been cancelled; and

• (c) if the justice considers that a case is not made out for the purposes of paragraph (b), cancel the appearance notice or undertaking and cause the accused to be immediately notified of the cancellation.

Summary of certain provisions

(4) The summons must set out a summary of subsection 145(3), section 512.‍1 and subsection 524(4).

• (a) an appearance notice or undertaking has been confirmed or cancelled under subsection 508(1);

• (c) the accused has been released without conditions or with the intention of compelling their appearance by way of summons.

• (b) an appearance notice or undertaking has been confirmed under subsection 508(1) and the accused fails to attend court in accordance with it in order to be dealt with according to law, or

Arrest warrant — failure to appear under summons

512.‍1 If an accused who is required by a summons to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act, a justice may issue a warrant for the arrest of the accused for the offence with which the accused is charged.

Arrest warrant — failure to appear under appearance notice or undertaking

512.‍2 If an accused who is required by an appearance notice or undertaking to appear at the time and place stated in it for the purposes of the Identification of Criminals Act does not appear at that time and place, a justice may, if the appearance notice or undertaking has been confirmed by a justice under section 508, issue a warrant for the arrest of the accused for the offence with which the accused is charged.

Warrant to appear under section 524

512.‍3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an indictable offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking them before a justice under section 524.

Release order without conditions

515 (1) Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

Release order with conditions

(2) If the justice does not make an order under subsection (1), the justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order that sets out the conditions directed by the justice under subsection (4) and, as the case may be,

• (a) an indication that the release order does not include any financial obligations;

• (b) the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

• (c) the obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;

• (d) the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; or

• (e) if the accused is not ordinarily resident in the province in which they are in custody or does not ordinarily reside within 200 kilometres of the place in which they are in custody, the obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount by the justice if they fail to comply with a condition of the order and with or without sureties.

Imposition of least onerous form of release

(2.‍01) The justice shall not make an order containing the conditions referred to in one of the paragraphs (2)‍(b) to (e) unless the prosecution shows cause why an order containing the conditions referred to in the preceding paragraphs for any less onerous form of release would be inadequate.

Promise to pay favoured over deposit

(2.‍02) The justice shall favour a promise to pay an amount over the deposit of an amount of money if the accused or the surety, if applicable, has reasonably recoverable assets.

Restraint in use of surety

(2.‍03) For greater certainty, before making an order requiring that the accused have a surety, the justice shall be satisfied that this requirement is the least onerous form of release possible for the accused in the circumstances.

Power of justice — sureties

(2.‍1) If, under subsection (2) or any other provision of this Act, a judge, justice or court makes a release order with a requirement for sureties, the judge, justice or court may name particular persons as sureties.

Appearance of the accused

(2.‍2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.‍3), by audioconference, if the technological means is satisfactory to the justice.

When consent required for audioconference

(2.‍3) If the accused cannot appear by closed-circuit television or videoconference and the evidence of a witness is to be taken at the appearance, the consent of the prosecutor and the accused is required for the appearance of the accused by audioconference.

Factors to consider

(3) In making an order under this section, the justice shall consider any relevant factors, including,

• (a) whether the accused is charged with an offence in the commission of which violence was used, threatened or attempted against their intimate partner; or

• (b) whether the accused has been previously convicted of a criminal offence.

Conditions authorized

(4) When making an order under subsection (2), the justice may direct the accused to comply with one or more of the following conditions specified in the order:

• (a) report at specified times to a peace officer, or other person, designated in the order;

• (b) remain within a specified territorial jurisdiction;

• (c) notify a peace officer or other person designated in the order of any change in their address, employment or occupation;

• (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

• (e) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;

• (f) deposit all their passports as specified in the order;

• (g) comply with any other specified condition that the justice considers necessary to ensure the safety and security of any victim of or witness to the offence; and

• (h) comply with any other reasonable conditions specified in the order that the justice considers desirable.

• (a) that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions that the justice considers necessary;

• (a.‍1) that the accused abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; or

• (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,

• (v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv),

• (b.‍1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

• (c) with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or

Release order

(7) If an accused to whom subsection (6) applies shows cause why their detention in custody is not justified, the justice shall make a release order under this section. If the accused was already at large on a release order, the new release order may include any additional conditions described in subsections (4) to (4.‍2) that the justice considers desirable.

Declaration of surety

515.‍1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Insertion start Form 12 Insertion end that sets out

• (a) their name, date of birth and contact information;

• (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

• (c) their relationship to the accused;

• (d) the name and date of birth of any other accused for whom they act as a surety;

• (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;

• (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

• (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

• (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

Exception

(2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

• (a) the prosecutor consents to it; or

• (b) the judge, justice or court is satisfied that

  • (i) the person cannot reasonably provide a declaration in the circumstances,

  • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

  • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)‍(e) to (g) to accept the role and responsibilities of a surety.

Means of telecommunication

(3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.

Duration of order

(3) An order made under subsection (2) remains in force,

• (a) until it is varied or revoked;

• (b) until an order in respect of the accused is made under section 515;

• (c) until the accused is acquitted of the offence, if applicable; or

• (d) until the time the accused is sentenced, if applicable.

Release of accused

519 (1) If a justice makes a release order under section 515,

• (c) any condition in the order that an accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any specified conditions, is effective from the moment it is made, whether or not the accused has been released from custody.

  End of inserted block

Variation of release order with consent

519.‍1 A release order under which an accused has been released under section 515 may be varied with the written consent of the accused, prosecutor and any sureties. The order so varied is considered to be a release order under section 515.

Review of order

520 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(2), (5), (6), (7), or (12) or makes or vacates any order under paragraph 523(2)‍(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

Review of order

521 (1) If a justice, or a judge of the Nunavut Court of Justice, makes an order under subsection 515(1), (2), (7) or (12) or makes or vacates any order under paragraph 523(2)‍(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

Release of accused

(3) If the judge does not order that the accused be detained in custody under subsection (2), the judge may make a release order referred to in section 515.

Period for which appearance notice, etc.‍, continues in force

523 (1) If an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,

When new information is received

(1.‍1) If an accused is charged with an offence and a new information, charging the same offence or an included offence, is received while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, section 507 or 508, as the case may be, does not apply in respect of the new information and the order for detention, release order, appearance notice, summons or undertaking applies in respect of the new information.

When direct indictment preferred

(1.‍2) If an accused is charged with an offence, and an indictment is preferred under section 577 charging the same offence or an included offence while the accused is subject to an order for detention, release order, appearance notice, summons or undertaking, the order for detention, release order, appearance notice, summons or undertaking applies in respect of the indictment.

Proceedings Respecting Failure to Comply with Release Conditions

Judicial referral hearing

523.‍1 (1) When an accused appears before a justice in any of the circumstances described in subsection (2), the justice shall

• (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused appear before a judge of that court so that the judge may hear the matter; or

• (b) in any other case, hear the matter.

Circumstances

(2) The circumstances referred to in subsection (1) are the following:

• (a) an appearance notice has been issued to the accused for failing to comply with a summons, appearance notice, undertaking or release order or to attend court as required and the prosecutor seeks a decision under this section; or

• (b) a charge has been laid against the accused for the contravention referred to in paragraph (a) and the prosecutor seeks a decision under this section.

Powers — Judge or Justice

(3) If the judge or justice who hears the matter is satisfied that the accused failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the judge or justice shall review any conditions of release that have been imposed on the accused and may, as the case may be,

• (a) take no action;

• (b) cancel any other summons, appearance notice, undertaking or release order in respect of the accused and, as the case may be,

  • (i) make a release order under section 515, or

  • (ii) if the prosecutor shows cause why the detention of the accused in custody is justified under subsection 515(10), make an order that the accused be detained in custody until the accused is dealt with according to law and if so detained, the judge or justice shall include in the record a statement of the judge’s or justice’s reasons for making the order; or

• (c) remand the accused to custody for the purposes of the Identification of Criminals Act.

Dismissal of charge

(4) If a charge has been laid against the accused for the failure referred to in paragraph (2)‍(a) and the judge or justice, as the case may be, makes a decision under subsection (3), the judge or justice shall also dismiss that charge.

No information or indictment

(5) If the judge or justice makes a decision under subsection (3), no information may be laid nor indictment be preferred against the accused for the failure referred to in paragraph (2)‍(a).

Hearing

524 (1) When an accused is taken before a justice in any of the circumstances described in subsection (2), the justice shall

• (a) if the accused was released from custody under an order made under subsection 522(3) by a judge of the superior court of criminal jurisdiction of any province, order that the accused be taken before a judge of that court so that the judge may hear the matter; or

• (b) in any other case, hear the matter.

Circumstances

(2) The circumstances referred to in subsection (1) are the following:

• (a) the accused has been arrested for the contravention of or having been about to contravene, a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section; Insertion start or Insertion end

• (b) the accused has been arrested for having committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.

Cancellation

(3) The judge or justice who hears the matter shall cancel a summons, appearance notice, undertaking or release order in respect of the accused if the judge or justice finds that

• (a) the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order; or

• (b) there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order.

Detention

(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10).

Release order

(5) If the judge or justice does not order that the accused be detained in custody under subsection (4), the judge or justice shall make a release order referred to in section 515.

Reasons

(6) If the judge or justice makes a release order under subsection (5), the judge or justice shall include in the record a statement of the reasons for making the order, and subsection 515(9) applies with any modifications that the circumstances require.

Release

(7) If the judge or justice does not cancel the summons, appearance notice, undertaking or release order under subsection (3), the judge or justice shall order that the accused be released from custody.

Provisions applicable to proceedings under this section

(8) The provisions of sections 516 to 519 apply with any modifications that the circumstances require in respect of any proceedings under this section, except that subsection 518(2) does not apply in respect of an accused who is charged with an offence mentioned in section 469.

Review — order by judge

(9) An order made under subsection (4) or (5) respecting an accused referred to in paragraph (1)‍(a) is not subject to review except as provided in section 680.

Review — order of justice

(10) An order made under subsection (4) or (5) respecting an accused other than the accused referred to in paragraph (1)‍(a), is subject to review under sections 520 and 521 as if the order were made under section 515.

Time for application to judge

525 (1) The person having the custody of an accused — who has been charged with an offence other than an offence listed in section 469, who is being detained in custody pending their trial for that offence and who is not required to be detained in custody in respect of any other matter — shall apply to a judge having jurisdiction in the place in which the accused is in custody to fix a date for a hearing to determine whether or not the accused should be released from custody, if the trial has not commenced within 90 days from

• (a) the day on which the accused was taken before a justice under section 503; or

• (b) in the case where an order that the accused be detained in custody has been made under section 521, paragraph 523.‍1(3)‍(b)‍(ii) or section 524, or a decision has been made with respect to a review under section 520, the later of the day on which the accused was taken into custody under that order and the day of the decision.

The person shall make the application immediately after the expiry of those 90 days.

Waiver of right to hearing

(1.‍1) However, the person having the custody of the accused is not required to make the application if the accused has waived in writing their right to a hearing and the judge has received the waiver before the expiry of the 90-day period referred to in subsection (1).

Cancellation of hearing

(3) The judge may cancel the hearing if the judge receives the accused’s waiver before the hearing.

Consideration of proceeding’s progression

(4) On the hearing described in subsection (1), the judge shall consider whether the prosecutor or the accused has been responsible for any delay and, if the judge is concerned that the proceedings are progressing slowly and that an unreasonable delay may result, the judge may

• (a) give directions for expediting the proceedings; or

• (b) require a further hearing under this section within 90 days or any other period that the judge considers appropriate in the circumstances.

Release order

(5) If, following the hearing, the judge is not satisfied that the continued detention of the accused in custody is justified within the meaning of subsection 515(10), the judge shall make a release order referred to in section 515.

Provisions applicable to proceedings

(6) Sections 495.‍1, 512.‍3, 517 to 519 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

Directions for expediting proceedings

526 Subject to subsection 525(4), a court, judge or justice before which or whom an accused appears under this Part may give directions for expediting any proceedings in respect of the accused.

Language of accused

530 (1) On application by an accused whose language is one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace shall grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada that is the language of the accused or, if the circumstances warrant, who speak both official languages of Canada.

Idem

(2) On application by an accused whose language is not one of the official languages of Canada, made not later than the time of the appearance of the accused at which their trial date is set, a judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace may grant an order directing that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak the official language of Canada in which the accused, in the opinion of the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace, can best give testimony or, if the circumstances warrant, who speak both official languages of Canada.

Accused to be advised of right

(3) The judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom an accused first appears shall ensure that they are advised of their right to apply for an order under subsection (1) or (2) and of the time before which such an application must be made.

Remand

(4) If an accused fails to apply for an order under subsection (1) or (2) and the judge, provincial court judge, judge of the Nunavut Court of Justice or justice of the peace before whom the accused is to be tried, in this Part referred to as “the court”, is satisfied that it is in the best interests of justice that the accused be tried before a justice of the peace, provincial court judge, judge or judge and jury who speak the official language of Canada that is the language of the accused or, if the language of the accused is not one of the official languages of Canada, the official language of Canada in which the accused, in the opinion of the court, can best give testimony, the court may, if it does not speak that language, by order remand the accused to be tried by a justice of the peace, provincial court judge, judge or judge and jury, as the case may be, who speak that language or, if the circumstances warrant, who speak both official languages of Canada.

Inquiry by justice

535 If an accused who is charged with an indictable offence that is punishable by imprisonment for life is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.‍1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.

Election before justice — imprisonment for life

(2) If an accused is before a justice, charged with an indictable offence that is punishable by imprisonment for life, other than an offence listed in section 469, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

Election before justice — other indictable offences

(2.‍1) If an accused is before a justice, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence over which a provincial court judge has absolute jurisdiction under section 553 —, the justice shall, after the information has been read to the accused, put the accused to an election in the following words:

• a) si le juge de paix n’est pas un juge de la cour provinciale, renvoie le prévenu, pour comparution et plaidoyer relativement à l’inculpation, devant un juge de la cour provinciale ayant juridiction dans la circonscription territoriale où l’infraction aurait été commise;

Request for preliminary inquiry

(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, or if an accused is charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

Endorsement on the information — accused referred to in subsection (2)

(4.‍1) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

Endorsement on the information — other accused charged with an offence punishable by imprisonment for life

(4.‍11) If an accused is before a justice, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Endorsement on the information — accused referred to in subsection (2.‍1)

(4.‍12) If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

Compétence

(5) Lorsqu’un juge de paix devant qui se tient ou doit se tenir une enquête préliminaire n’a pas commencé à recueillir la preuve, tout juge de paix ayant juridiction dans la province où l’infraction dont le prévenu est inculpé aurait été commise est compétent pour l’application du paragraphe (4).

Election before judge or justice of the peace in Nunavut — imprisonment for life

(2) If an accused is before a judge or justice of the peace, charged with an indictable offence that is punishable by imprisonment for life, other than an offence mentioned in section 469, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

Election before judge or justice of the peace in Nunavut — other indictable offences

(2.‍1) If an accused is before a judge or justice of the peace, charged with an indictable offence — other than an offence that is punishable by imprisonment for life, an offence listed in section 469 that is not punishable by imprisonment for life or an offence mentioned in section 553 —, the judge or justice of the peace shall, after the information has been read to the accused, put the accused to an election in the following words:

Request for preliminary inquiry — Nunavut

(3) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury or if an accused is charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.‍1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

Endorsement on the information — accused referred to in subsection (2)

(4) If an accused referred to in subsection (2) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

Endorsement on the information — other accused charged with an offence punishable by imprisonment for life

(4.‍01) If an accused is before a judge or justice of the peace, charged with an offence listed in section 469 that is punishable by imprisonment for life, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing whether the accused or the prosecutor has requested that a preliminary inquiry be held.

Endorsement on the information — accused referred to in subsection (2.‍1)

(4.‍02) If an accused referred to in subsection (2.‍1) elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)‍(a) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be.

Agreement to limit scope of preliminary inquiry

536.‍5 Whether or not a hearing is held under section 536.‍4, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.‍4(2), as the case may be.

• (i) regulate the course of the inquiry in any way that appears to the justice to be desirable, including to promote a fair and expeditious inquiry, that is consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.‍4(2) or agreement made under section 536.‍5;

• (j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

• (k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

Power provided under paragraph (1)‍(i)

(1.‍01) For the purpose of paragraph (1)‍(i), the justice may, among other things, limit the scope of the preliminary inquiry to specific issues and limit the witnesses to be heard on these issues.

Section 715 or 715.‍01

(1.‍02) If a justice grants a request under paragraph (1)‍(j.‍1), the Court must inform the accused that the evidence taken during their absence could still be admissible under section 715 or 715.‍01.

• (a) take the evidence under oath of the witnesses called on the part of the prosecution, subject to subsection 537(1.‍01), and allow the accused or counsel for the accused to cross-examine them; and

Hearing of witnesses

541 (1) When the evidence of the witnesses called on the part of the prosecution has been taken down and, if required by this Part, has been read, the justice shall, subject to this section and subsection 537(1.‍01), hear the witnesses called by the accused.

Depositions of witnesses

(5) Subject to subsection 537(1.‍01), the justice shall hear each witness called by the accused who testifies to any matter relevant to the inquiry, and for the purposes of this subsection, section 540 applies with any modifications that the circumstances require.

Order that accused appear or be taken before justice where offence alleged to have been committed

543 (1) If an accused is charged with an offence alleged to have been committed out of the limits of the jurisdiction in which they have been charged, the justice before whom they appear or are brought may, at any stage of the inquiry after hearing both parties, order the accused to appear or, if the accused is in custody, issue a warrant in Form 15 to convey the accused before a justice who, having jurisdiction in the place where the offence is alleged to have been committed, shall continue and complete the inquiry.

Transmission de la transcription et des documents et effet de l’ordonnance ou du mandat

(2) Lorsqu’un juge de paix rend une ordonnance ou décerne un mandat en application du paragraphe (1), il fait transmettre à un juge de paix ayant juridiction à l’endroit où l’infraction aurait été commise la transcription de tous témoignages rendus devant lui lors de l’enquête et tous les documents qu’il avait alors devant lui et qui se rapportent à l’enquête, et :

• b) toute citation à comparaître délivrée au prévenu, toute promesse de comparaître ou promesse remise par lui, ou tout engagement contracté par lui aux termes de la partie XVI, sont censés l’avoir été dans le ressort où l’infraction aurait été commise et enjoindre au prévenu de comparaître devant le juge de paix auquel la transcription et les documents sont transmis au moment prévu dans l’ordonnance rendue au sujet du prévenu en vertu de l’alinéa (1)a).

• (b) any appearance notice, undertaking or release order issued to or given or entered into by the accused shall be deemed to have been issued, given or entered into in the jurisdiction where the offence is alleged to have been committed and to require the accused to appear before the justice to whom the transcript and documents are transmitted at the time provided in the order made in respect of the accused under paragraph (1)‍(a).

Accused calling witnesses

(5) If, at the conclusion of the evidence on the part of the prosecution at a preliminary inquiry that has been continued under subsection (1), the accused is absent but their counsel is present, the counsel shall be given an opportunity to call witnesses on behalf of the accused, subject to subsection 537(1.‍01), and subsection 541(5) applies with any modifications that the circumstances require.

Limited preliminary inquiry

(1.‍1) If the prosecutor and the accused agree under section 536.‍5 to limit the scope of a preliminary inquiry to specific issues, the justice, without taking or recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction.

Clarification

(2) A recognizance entered into under this section may be set out at the end of a deposition or be separate from it.

Transmission of record by justice

551 If a justice orders an accused to stand trial, the justice shall immediately send to the clerk or other proper officer of the court by which the accused is to be tried, any information, evidence, exhibits, or statement of the accused taken down in writing in accordance with section 541, any appearance notice, undertaking or release order given by or issued to the accused and any evidence taken before a coroner that is in the possession of the justice.

Powers before evidence on merits presented

551.‍3 (1) In performing their duties before the stage of the presentation of the evidence on the merits, the case management judge, as a trial judge, exercises the powers that a trial judge has before that stage in order to assist in promoting a fair and efficient trial, including by

• (h) ordering, in each case set out in subsection 599(1), that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried.

If charge should be prosecuted by indictment

555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

Election before justice

(1.‍1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

Continuing proceedings

(1.‍2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the provincial court judge shall continue the proceedings as a preliminary inquiry.

If subject matter is testamentary instrument or exceeds $5,000 in value

(2) If an accused is before a provincial court judge, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the provincial court judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the provincial court judge shall put the accused to their election in accordance with subsection 536(2.‍1).

Continuing proceedings

(3) If an accused is put to their election under subsection (1.‍1) or (2), the following provisions apply:

• (a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

If charge should be prosecuted by indictment — Nunavut

555.‍1 (1) If in any criminal proceedings under this Part an accused is before a judge of the Nunavut Court of Justice and it appears to the judge that for any reason the charge should be prosecuted by indictment, the judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

Election before justice

(1.‍1) If the judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

Continuing proceedings

(1.‍2) If the accused is entitled to a preliminary inquiry and they or the prosecutor requests one, the judge shall endorse on the information a record of the nature of the election or deemed election and continue the proceedings as a preliminary inquiry.

If subject-matter is testamentary instrument or exceeds $5,000 in value — Nunavut

(2) If an accused is before a judge of the Nunavut Court of Justice, charged with an offence prosecuted by indictment mentioned in paragraph 553(a) or subparagraph 553(b)‍(i), and, at any time before the judge makes an adjudication, the evidence establishes that the subject matter of the offence is a testamentary instrument or that its value exceeds $5,000, the judge shall put the accused to their election in accordance with subsection 536.‍1(2.‍1).

Continuing proceedings — Nunavut

(3) If an accused is put to their election under subsection (1.‍1) and no preliminary inquiry is requested, or is put to an election under subsection (2), and elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall endorse on the information a record of the nature of the election or deemed election and continue with the trial.

Application to Nunavut

(4) This section, and not section 555, applies in respect of criminal proceedings in Nunavut.

Right to re-elect

561 (1) An accused who elects or is deemed to have elected a mode of trial other than trial by a provincial court judge may re-elect,

• (a) if the accused is charged with an offence for which a preliminary inquiry has been requested under subsection 536(4),

  • (i) at any time before or after the completion of the preliminary inquiry, with the written consent of the prosecutor, to be tried by a provincial court judge,

  • (ii) at any time before the completion of the preliminary inquiry or before the 60th day following the completion of the preliminary inquiry, as of right, another mode of trial other than trial by a provincial court judge, and

  • (iii) on or after the 60th day following the completion of the preliminary inquiry, any mode of trial with the written consent of the prosecutor; or

• (b) if the accused is charged with an offence for which they are not entitled to request a preliminary inquiry or if they did not request a preliminary inquiry under subsection 536(4),

  • (i) as of right, not later than 60 days before the day first appointed for the trial, another mode of trial other than trial by a provincial court judge, or

  • (ii) any mode of trial with the written consent of the prosecutor.

Right to re-elect

(2) An accused who elects to be tried by a provincial court judge may, not later than 60 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor.

Notice of re-election under paragraph (1)‍(a)

(3) If an accused intends to re-elect under paragraph (1)‍(a) before the completion of the preliminary inquiry, they shall give notice in writing of their intention to re-elect, together with the written consent of the prosecutor, if that consent is required, to the justice presiding at the preliminary inquiry who shall on receipt of the notice,

• (a) in the case of a re-election under subparagraph (1)‍(a)‍(ii), put the accused to their re-election in the manner set out in subsection (7); or

• (b) if the accused intends to re-elect under subparagraph (1)‍(a)‍(i) and the justice is not a provincial court judge, notify a provincial court judge or clerk of the court of the accused’s intention to re-elect and send to the provincial court judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice.

Notice of re-election under paragraph (1)‍(b) or subsection (2)

(4) If an accused intends to re-elect under paragraph (1)‍(b) or subsection (2), they shall give notice in writing that they intend to re-elect together with the written consent of the prosecutor, if that consent is required, to the provincial court judge before whom the accused appeared and pleaded or to a clerk of the court.

Notice and transmitting record

(5) If an accused intends to re-elect under paragraph (1)‍(a) after the completion of the preliminary inquiry, they shall give notice in writing that they intend to re-elect, together with the written consent of the prosecutor, if that consent is required, to a judge or clerk of the court of the accused’s original election who shall, on receipt of the notice,

• (a) notify the judge or provincial court judge or clerk of the court by which the accused wishes to be tried of the accused’s intention to re-elect; and

• (b) send to that judge or provincial court judge or clerk the information, the evidence, the exhibits and the statement, if any, of the accused taken down in writing under section 541 and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the first-mentioned judge or clerk.