Bill C-42

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Royal Assent

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	42-43 ELIZABETH II
	CHAPTER 44
	An Act to amend the Criminal Code and other Acts (miscellaneous matters)
	[Assented to 15th December, 1994]
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Criminal Law Amendment Act, 1994.
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13	CRIMINAL CODE
R.S., c. 27 (1st Supp.), s. 2(1)	*2. (1) Subparagraph (b)(ii) of the definition ``Attorney General'' in section 2 of the Criminal Code* is replaced by the following:**
	(ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of any Act of Parliament other than this Act or any regulation made under any such Act,
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``bodily harm'' « lésions corporelles »	``bodily harm'' means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
R.S., c. 27 (1st Supp.), s. 3	3. Subsection 4(6) of the Act is replaced by the following:
Proof of notifications and service of documents	(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved by oral evidence given under oath by, or by the affidavit of, the person claiming to have served, given or sent it.
	4. Paragraph 57(4)(b) of the Act is replaced by the following:
	(b) the definition ``false document'' in section 321, and section 366, apply with such modifications as the circumstances require.
	5. Section 67 of the Act is replaced by the following:
Reading proclamation	67. A person who is
	(a) a justice, mayor or sheriff, or the lawful deputy of a mayor or sheriff,
	(b) a warden or deputy warden of a prison, or
	(c) the institutional head of a penitentiary, as those expressions are defined in subsection 2(1) of the Corrections and Conditional Release Act, or that person's deputy,
	who receives notice that, at any place within the jurisdiction of the person, twelve or more persons are unlawfully and riotously assembled together shall go to that place and, after approaching as near as is safe, if the person is satisfied that a riot is in progress, shall command silence and thereupon make or cause to be made in a loud voice a proclamation in the following words or to the like effect:
	Her Majesty the Queen charges and commands all persons being assembled immediately to disperse and peaceably to depart to their habitations or to their lawful business on the pain of being guilty of an offence for which, on conviction, they may be sentenced to imprisonment for life. GOD SAVE THE QUEEN.
1991, c. 28, s. 6	6. Subsection 90(3.1) of the Act, as enacted by section 6 of An Act respecting the exporting, importing, manufacturing, buying or selling of or other dealing with certain weapons, chapter 28 of the Statutes of Canada, 1991, is repealed.
1991, c. 40, s. 18(2)	7. Subsection 105(1.2) of the Act, as enacted by subsection 18(2) of An Act to amend the Criminal Code and the Customs Tariff in consequence thereof, chapter 40 of the Statutes of Canada, 1991, is repealed.
	8. (1) The portion of subsection 145(3) of the Act before paragraph (a) is replaced by the following:
Failure to comply with condition of undertaking or recognizance	(3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition of that undertaking or recognizance directed by a justice or judge, and every person who is bound to comply with a direction ordered under subsection 515(12) or 522(2.1), and who fails, without lawful excuse, the proof of which lies on that person, to comply with that condition or direction, is guilty of

	(2) The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:
Failure to comply with appearance notice or promise to appear	(5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, the proof of which lies on the person, to appear at the time and place stated therein, if any, for the purposes of the Identification of Criminals Act or to attend court in accordance therewith, or to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1), is guilty of

	(3) Paragraph 145(9)(a) of the Act is replaced by the following:
	(a) in the case of proceedings under subsection (2), the accused gave or entered into an undertaking or recognizance before a justice or judge and failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge or to surrender in accordance with an order of the court, justice or judge, as the case may be,
	(4) Paragraph 145(9)(c) of the Act is replaced by the following:
	(c) in the case of proceedings under subsection (5), the accused was named in an appearance notice, a promise to appear or a recognizance entered into before an officer in charge, that was confirmed by a justice under section 508, and the accused failed to appear at the time and place stated therein for the purposes of the Identification of Criminals Act, failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge, as the case may be,
	9. Section 166 of the Act is repealed.
	10. Subsection 199(1) of the Act is replaced by the following:
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, 207 or 210 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 therein that may be evidence that an offence under section 201, 202, 203, 206, 207 or 210, 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.
R.S., c. 27 (1st Supp.), s. 36	11. Paragraph 249(1)(a) of the Act is replaced by the following:
	(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
R.S., c. 27 (1st Supp.), s. 36	12. Subsection 252(1) of the Act is replaced by the following:
Failure to stop at scene of accident	252. (1) Every person who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
	(a) another person,
	(b) a vehicle, vessel or aircraft, or
	(c) in the case of a vehicle, cattle in the charge of another person,
	and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, where possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.
1992, c. 1, s. 58(1) (Sch. I, s. 5)	13. Paragraph 256(1)(a) of the Act is replaced by the following:
	(a) a person has, within the preceding four hours, committed, as a result of the consumption of alcohol, an offence under section 253 and the person was involved in an accident resulting in the death of another person or in bodily harm to himself or herself or to any other person, and
	14. Clause 258(1)(h)(i)(B) of the English version of the Act is replaced by the following:
	(B) at the time the sample was taken, an additional sample of the blood of the accused was taken to permit analysis of one of the samples to be made by or on behalf of the accused,
R.S., c. 1 (4th Supp.), s. 18 (Sch. I, item 11)(F)	15. Section 261 of the Act is replaced by the following:
Stay of order pending appeal	261. Where an appeal is taken against a conviction or discharge under section 736 for an offence committed under any of sections 220, 221, 236, 249 to 255 and 259, a judge of the court being appealed to may direct that any order under subsection 259(1) or (2) arising out of the conviction or discharge shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
R.S., c. 27 (1st Supp.), s. 38	16. (1) Paragraph 264.1(1)(a) of the Act is replaced by the following:
	(a) to cause death or bodily harm to any person;
R.S., c. 27 (1st Supp.), s. 38	(2) Subsection 264.1(2) of the Act is replaced by the following:
Punishment	(2) Every one who commits an offence under paragraph (1)(a) is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
	17. Section 267 of the Act is replaced by the following:
Assault with a weapon or causing bodily harm	267. Every one who, in committing an assault,
	(a) carries, uses or threatens to use a weapon or an imitation thereof, or
	(b) causes bodily harm to the complainant,
	is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
	18. Section 269 of the Act is replaced by the following:
Unlawfully causing bodily harm	269. Every one who unlawfully causes bodily harm to any person is guilty of
	(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
	19. Paragraph 271(1)(b) of the Act is replaced by the following:
	(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
R.S., c. 27 (1st Supp.), s. 43(1)	20. (1) Paragraph 334(a) of the Act is replaced by the following:
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
R.S., c. 27 (1st Supp.), s. 43(2)	(2) The portion of paragraph 334(b) of the Act after subparagraph (ii) is replaced by the following:
	where the value of what is stolen does not exceed five thousand dollars.
R.S., c. 27 (1st Supp.), s. 49(1)	21. (1) Paragraph 355(a) of the Act is replaced by the following:
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
R.S., c. 27 (1st Supp.), s. 49(2)	(2) The portion of paragraph 355(b) of the Act after subparagraph (ii) is replaced by the following:
	where the value of the subject-matter of the offence does not exceed five thousand dollars.
R.S., c. 27 (1st Supp.), s. 52(2)	22. (1) Paragraph 362(2)(a) of the Act is replaced by the following:
	(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding ten years, where the property obtained is a testamentary instrument or the value of what is obtained exceeds five thousand dollars; or
R.S., c. 27 (1st Supp.), s. 52(3)	(2) The portion of paragraph 362(2)(b) of the Act after subparagraph (ii) is replaced by the following:
	where the value of what is obtained does not exceed five thousand dollars.
	23. (1) Subsection 364(1) of the Act is replaced by the following:
Fraudulently obtaining food, beverage or accommoda- tion	364. (1) Every one who fraudulently obtains food, a beverage or accommodation at any place that is in the business of providing those things is guilty of an offence punishable on summary conviction.
	(2) The portion of subsection 364(2) of the Act before paragraph (a) is replaced by the following:
Presumption	(2) In proceedings under this section, evidence that the accused obtained food, a beverage or accommodation at a place that is in the business of providing those things and did not pay for it and
	(3) Paragraph 364(2)(f) of the Act is replaced by the following:
	(f) offered a worthless cheque, draft or security in payment for the food, beverage or accommodation,
	24. Subsection 367(2) of the Act is repealed.

Bill C-42

42-43 ELIZABETH II

CHAPTER 44

SHORT TITLE

CRIMINAL CODE