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Bill C-68

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1992, c. 11, s. 7

180. Paragraph 26.2(2)(g) of the Act is replaced by the following:

    (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

1992, c. 11, s. 11

181. Subsection 32(1) of the Act is replaced by the following:

Review of other dispositions

32. (1) Where a youth court has made a disposition in respect of a young person, other than a disposition under paragraph 20(1)(k) or (k.1) or section 20.1, the youth court shall, on the application of the young person, the young person's parents, the Attorney General or the Attorney General's agent or the provincial director, made at any time after six months from the date of the disposition or, with leave of a youth court judge, at any earlier time, review the disposition if the court is satisfied that there are grounds for a review under subsection (2).

182. The Act is amended by adding the following after section 32:

Review of order made under s. 20.1

33. (1) A youth court or other court may, on application, review an order made under section 20.1 at any time after the circumstances set out in subsection 45(1) are realized in respect of any record in relation to the offence that resulted in the order being made.

Grounds

(2) In conducting a review under this section, the youth court or other court shall take into account

    (a) the nature and circumstances of the offence in respect of which the order was made; and

    (b) the safety of the young person and of other persons.

Decision of review

(3) Where a youth court or other court conducts a review under this section, it may, after affording the young person, one of the young person's parents, the Attorney General or an agent of the Attorney General and the provincial director an opportunity to be heard,

    (a) confirm the order;

    (b) revoke the order; or

    (c) vary the order as it considers appropriate in the circumstances of the case.

New order not to be more onerous

(4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.

Application of provisions

(5) Subsections 32(3) to (5) apply, with such modifications as the circumstances require, in respect of a review under this section.

183. (1) Paragraph 36(1)(b) of the Act is replaced by the following:

    (b) all the dispositions made under subsection 20(1) in respect of the offence have ceased to have effect,

(2) The portion of subsection 36(3) of the Act after paragraph (d) is replaced by the following:

shall contain any question that by its terms requires the applicant to disclose that the applicant has been charged with or found guilty of an offence in respect of which the applicant has, under this Act, been discharged absolutely or has completed all the dispositions made under subsection 20(1).

R.S., c. 24 (2nd Supp.), s. 29(3)

184. Subsection 38(1.1) of the Act is replaced by the following:

Limitation

(1.1) Subsection (1) does not apply in respect of the disclosure of information in the course of the administration of justice including, for greater certainty, the disclosure of information for the purposes of the Firearms Act and Part III of the Criminal Code, where it is not the purpose of the disclosure to make the information known in the community.

185. Section 40 of the Act is amended by adding the following after subsection (2):

Records of offences that result in order under s. 20.1

(3) Notwithstanding anything in this Act, where a young person is found guilty of an offence that results in an order under section 20.1 being made against the young person, the youth court may keep a record of the conviction and the order until the expiration of the order.

Disclosure

(4) Any record that is kept under subsection (3) may be disclosed only to establish the existence of the order in any offence involving a breach of the order.

186. Subsection 44.1 of the Act is amended by adding the following after paragraph (i):

    (i.1) to any person for the purposes of the Firearms Act;

187. Section 45 of the Act is amended by adding the following after subsection (5):

Orders made under s. 20.1 not included

(5.1) For the purposes of this Act, orders made under section 20.1 shall not be taken into account in determining any time period referred to in subsection (1).

CONDITIONAL AMENDMENTS

Bill C-7

188. If Bill C-7, introduced during the first session of the thirty-fifth Parliament and entitled An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof, is assented to, then,

    (a) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 109(1)(c) of the Criminal Code, as enacted by section 139 of this Act, comes into force, paragraph 109(1)(c) of the Criminal Code is replaced by the following:

    (c) an offence relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or

    (b) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 515(4.1)(c) of the Criminal Code, as enacted by section 153 of this Act, comes into force, paragraph 515(4.1)(c) of the Criminal Code is replaced by the following:

    (c) an offence relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or

    (c) on the later of the day on which sections 6 and 7 of that Act come into force and the day on which paragraph 147.1(1)(c) of the National Defence Act, as enacted by section 176 of this Act, comes into force, paragraph 147.1(1)(c) of the National Defence Act is replaced by the following:

    (c) relating to the contravention of subsection 6(1) or (2) or 7(1) or (2) of the Controlled Drugs and Substances Act, or

Bill C-37

189. If Bill C-37, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Young Offenders Act and the Criminal Code, is assented to, then,

    (a) on the later of the day on which section 26 of that Act comes into force and the day on which section 179 of this Act comes into force, paragraph 36(1)(b) of the Young Offenders Act is replaced by the following:

    (b) all the dispositions made under subsection 20(1) in respect of the offence, and all terms of those dispositions, have ceased to have effect,

    (b) on the later of the day on which subsection 31(3) of that Act comes into force and the day on which section 185 of this Act comes into force, subsection 45(2.1) of the Young Offenders Act is replaced by the following:

Transfer of records relating to serious offences

(2.1) Where a special records repository has been established pursuant to subsection 45.02(1), all records in the central repository referred to in subsection 41(1) that relate to

    (a) a conviction for first degree murder or second degree murder within the meaning of section 231 of the Criminal Code,

    (b) an offence referred to in the schedule, or

    (c) an order made under section 20.1,

shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special records repository.

    (c) on the later of the day on which section 32 of that Act comes into force and the day on which section 185 of this Act comes into force, section 45.03 of the Young Offenders Act is amended by adding the following after subsection (3):

Records of orders made under s. 20.1

(3.1) A record that relates to an order made under section 20.1 shall be kept in the special records repository until the expiration of the order and shall be destroyed forthwith at that time.

    (d) on the later of the day on which section 32 of that Act comes into force and the day on which section 185 of this Act comes into force, subsection 45.02(4) of the Young Offenders Act is amended by adding the following after paragraph (c):

    (c.1) to establish the existence of the order in any offence involving a breach of the order;

    (c.2) for the purposes of the Firearms Act;

    (e) on the later of the day on which section 36 of that Act comes into force and the day on which subsection 85(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force, paragraph 1(b) of the schedule to that Act is replaced by the following:

    (b) subsection 85(1) (using firearm in commission of offence);

Bill C-41

190. If Bill C-41, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, is assented to, then,

    (a) on the later of the day on which subsection 5(1) of that Act comes into force and the day on which paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code, as enacted by section 155 of this Act, comes into force, paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code is replaced by the following:

      (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2) or 730(1) or section 737, 738, 739, 742.3 or 745.2, and

    (b) on the later of the day on which subsection 5(2) of that Act comes into force and the day on which paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code, as enacted by section 155 of this Act, comes into force, paragraph (b) of the definition ``sentence'' in section 673 of the Criminal Code is replaced by the following:

      (b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2) or 730(1), section 737, 738, 739, 742.3 or 745.2 or subsection 747.1(1), and

    (c) if this Act is assented to before the day on which section 10 of that Act comes into force, items 5 to 10 of Schedule I to that Act are repealed;

    (d) if subsection 109(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 730 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to ``section 736'' in subsection 109(1) of the Criminal Code is replaced by a reference to ``section 730'';

    (e) if subsection 110(1) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 730 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to ``section 736'' in subsection 110(1) of the Criminal Code is replaced by a reference to ``section 730''; and

    (f) if subsection 113(4) of the Criminal Code, as enacted by section 139 of this Act, comes into force after the day on which section 732.1 of the Criminal Code, as enacted by section 6 of that Act, comes into force, the reference to ``paragraph 737(2)(d)'' in subsection 113(4) of the Criminal Code is replaced by a reference to ``paragraph 732.1(3)(d)''.

Bill C-45

191. If Bill C-45, introduced during the first session of the thirty-fifth Parliament and entitled An Act to amend the Corrections and Conditional Release Act, the Criminal Code, the Criminal Records Act, the Prisons and Reformatories Act and the Transfer of Offenders Act, is assented to, then,

    (a) on the later of the day on which section 74 of that Act comes into force and the day on which section 176 of this Act comes into force, the definition ``sentence'' in subsection 2(1) of the Criminal Records Act is replaced by the following:

``sentence''
« peine »

``sentence'' has the same meaning as in the Criminal Code, but does not include an order made under section 109, 110, 161 or 259 of that Act or subsection 147.1(1) of the National Defence Act.

    (b) on the later of the day on which section 75 of that Act comes into force and the day on which section 176 of this Act comes into force, paragraph 5(b) of the Criminal Records Act is replaced by the following:

    (b) unless the pardon is subsequently revoked or ceases to have effect, vacates the conviction in respect of which it is granted and, without restricting the generality of the foregoing, removes any disqualification to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161 or 259 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.

1993, c. 28

192. If section 139 comes into force before section 27 of Schedule III to the Nunavut Act comes into force, then, on the day on which section 139 comes into force, section 27 of Schedule III to the Nunavut Act is repealed.

COMING INTO FORCE

Coming into force

193. (1) Subject to subsection (2), this Act or any of its provisions or any provision of any other Act enacted or amended by this Act, other than sections 136, 137 and 174, shall come into force on a day or days to be fixed by order of the Governor in Council.

Coming into force if no order made

(2) If no order bringing this Act or any of its provisions or any provision of any other Act enacted or amended by this Act is made before January 1, 2003, this Act, other than sections 136, 137 and 174, comes into force on that date.

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