Bill C-17

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-17
	An Act to amend the Criminal Code and certain other Acts
	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 Improvement Act, 1996.
R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34	CRIMINAL CODE
R.S., c. 27 (1st Supp.), s. 3; 1994, c. 44, s. 3	*2. Subsections 4(6) and (7) of the Criminal Code* are 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
	(a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or
	(b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.
Attendance for examination	(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit, solemn declaration or statement referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or the giving or sending of any notice.
1994, c. 44, s. 8(2)	3. (1) 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 or another peace officer, 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, is guilty of

	(2) Section 145 of the Act is amended by adding the following after subsection (5):
Failure to comply with conditions of undertaking	(5.1) Every person who, without lawful excuse, the proof of which lies on the person, fails to comply with any condition of an undertaking entered into pursuant to subsection 499(2) or 503(2.1)
	(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding two years; or
	(b) is guilty of an offence punishable on summary conviction.
1994, c. 44, s. 8(4)	(3) 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 or another peace officer, 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,
1993, c. 45, s. 1	4. The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following:
Order of prohibition	161. (1) Where an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 736, of an offence under section 151, 152, 155 or 159, subsection 160(2) or (3) or section 170, 171, 271, 272, 273 or 281, in respect of a person who is under the age of fourteen years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from
1993, c. 46, s. 3(1)	5. The portion of subsection 164(1) of the Act after paragraph (b) is replaced by the following:

	may issue a warrant authorizing seizure of the copies.
	6. Subsection 175(2) of the Act is replaced by the following:
Evidence of peace officer	(2) In the absence of other evidence, or by way of corroboration of other evidence, a summary conviction court may infer from the evidence of a peace officer relating to the conduct of a person or persons, whether ascertained or not, that a disturbance described in paragraph (1)(a) or (d) or an obstruction described in paragraph (1)(c) was caused or occurred.
R.S., c. 27 (1st Supp.), s. 23	7. The definition ``offence'' in section 183 of the Act is amended by striking out the reference to ``334(a) (theft in excess of $1,000, etc.)'' and by adding, in numerical order, the following references, namely, ``280 (abduction of person under sixteen),'', ``281 (abduction of person under fourteen),'', ``282 (abduction in contravention of custody order),'', ``283 (abduction),'', ``327 (possession of device to obtain telecommunication facility or service),'', ``334 (theft),'', ``342 (theft, forgery, etc., of credit card),'', ``342.1 (unauthorized use of computer),'', ``342.2 (possession of device to obtain computer service),'', ``430 (mischief),'' and ``431 (attack on premises, residence or transport of internationally protected person),''.
1993, c. 40, s. 5	8. Paragraphs 185(1)(a) and (b) of the Act are replaced by the following:
	(a) the Solicitor General of Canada personally or the Deputy Solicitor General of Canada personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
	(b) the Attorney General of a province personally or the Deputy Attorney General of a province personally, in any other case,
R.S., c. 27 (1st Supp.), s. 34	9. Section 227 of the Act is replaced by the following:
Death within year and a day	227. No person commits culpable homicide or the offence of causing the death of a person by criminal negligence or by means of the commission of an offence under subsection 249(4) or 255(3) unless the death occurs within one year and one day from the time of the occurrence of the last event by means of which the person caused or contributed to the cause of death.
R.S., c. 27 (1st Supp.), s. 36	10. (1) Subparagraph 258(1)(d)(i) of the Act is replaced by the following:
	(i) at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained, to permit an analysis thereof to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released pursuant to subsection (4),
	(2) Subsection 258(1) of the Act is amended by adding the following after paragraph (d):
	(d.1) where samples of the breath of the accused or a sample of the blood of the accused have been taken as described in paragraph (c) or (d) under the conditions described therein and the results of the analyses show a concentration of alcohol in blood exceeding eighty milligrams of alcohol in one hundred millilitres of blood, evidence of the result of the analyses is, in the absence of evidence tending to show that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed did not exceed eighty milligrams of alcohol in one hundred millilitres of blood, proof that the concentration of alcohol in the blood of the accused at the time when the offence was alleged to have been committed exceeded eighty milligrams of alcohol in one hundred millilitres of blood;
R.S., c. 27 (1st Supp.), s. 36	(3) Subsection 258(4) of the Act is replaced by the following:
Release of specimen for testing	(4) A judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused made within six months from the day on which samples of the blood of the accused were taken, order the release of one of the samples for the purpose of an examination or analysis thereof, subject to such terms as appear to be necessary or desirable to ensure the safeguarding of the sample and its preservation for use in any proceedings in respect of which it was retained.
R.S., c. 1 (4th Supp.), s. 18 (Sch. I, item 8)(F)	11. (1) Paragraphs 259(1)(a) to (c) of the Act are replaced by the following:
	(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than three months;
	(b) for a second offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than six months; and
	(c) for each subsequent offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year.
R.S., c. 1 (4th Supp.), s. 18 (Sch. I, item 8)(F)	(2) Paragraphs 259(2)(b) and (c) of the Act are replaced by the following:
	(b) during any period not exceeding ten years plus any period to which the offender is sentenced to imprisonment, if the offender is liable to imprisonment for more than five years but less than life in respect of that offence; and
	(c) during any period not exceeding three years plus any period to which the offender is sentenced to imprisonment, in any other case.
1994, c. 44, s. 15	12. Section 261 of the Act is replaced by the following:
Stay of order pending appeal	261. (1) 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, on such conditions as the judge or court may impose, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.
Effect of conditions	(2) Where conditions are imposed pursuant to a direction made under subsection (1) that a prohibition order under subsection 259(1) or (2) be stayed, the direction shall not operate to decrease the period of prohibition provided in the order made under subsection 259(1) or (2).
1993, c. 45, s. 3	13. Paragraph 273.3(1)(b) of the Act is replaced by the following:
	(b) fourteen years of age or more but 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 153 in respect of that person; or
R.S., c. 27 (1st Supp.), s. 39(2)	14. Subsection 279(2) of the Act is replaced by the following:
Forcible confinement	(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another 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.
R.S., c. 1 (4th Supp.), s. 15(1)	15. Subsection 335(1) of the Act is replaced by the following:
Taking motor vehicle or vessel or found therein without consent	335. (1) Subject to subsection (1.1), every one who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated, or is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction.
Exception	(1.1) Subsection (1) does not apply to an occupant of a motor vehicle or vessel who, on becoming aware that it was taken without the consent of the owner, attempted to leave the motor vehicle or vessel, to the extent that it was feasible to do so, or actually left the motor vehicle or vessel.
R.S., c. 27 (1st Supp.), s. 185 (Sch. III, item 8)(F)	16. (1) The portion of subsection 342(1) of the Act before paragraph (e) is replaced by the following:
Theft, forgery, etc., of credit card	342. (1) Every person who
	(a) steals a credit card,
	(b) forges or falsifies a credit card,
	(c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
	(i) by the commission in Canada of an offence, or
	(ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
	(d) uses a credit card knowing that it has been revoked or cancelled,
	is guilty of
	(2) Section 342 of the Act is amended by adding the following after subsection (2):
Unauthorized use of credit card data	(3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, whether or not authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
	(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
	(b) an offence punishable on summary conviction.
Definition of ``traffic''	(4) In this section, ``traffic'' means, in relation to a credit card or credit card data, to sell, export from or import into Canada, distribute or deal with in any other way.
	17. The Act is amended by adding the following after section 342:
Making, having or dealing in instruments for forging or falsifying credit cards	342.01 (1) Every person who, without lawful justification or excuse,
	(a) makes or repairs,
	(b) buys or sells,
	(c) exports from or imports into Canada, or
	(d) possesses
	any instrument, device, apparatus, material or thing that the person knows has been used or knows is adapted or intended for use in forging or falsifying credit cards is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
Forfeiture	(2) Where a person is convicted of an offence under subsection (1), any instrument, device, apparatus, material or thing in relation to which the offence was committed or the possession of which constituted the offence may, in addition to any other punishment that may be imposed, be ordered forfeited to Her Majesty, whereupon it may be disposed of as the Attorney General directs.
Limitation	(3) No order of forfeiture may be made under subsection (2) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1).
	18. (1) Subsection 342.1(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):

Bill C-17

BILL C-17

SHORT TITLE

CRIMINAL CODE