Bill C-17

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

R.S., c. E-14	Excise Act
	*121. Section 126.1 of the Excise Act* is amended by adding the following after subsection (2):**
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
1993, c. 25, s. 38	122. (1) The portion of subsection 126.2(1) of the Act before paragraph (a) is replaced by the following:
Laundering proceeds of certain offences	126.2 (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of
	(2) Section 126.2 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S., c. F-27	Food and Drugs Act
	*123. Section 44.2 of the Food and Drugs Act* is amended by adding the following after subsection (2):**
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S., c. 42 (4th Supp.), s. 9	124. (1) The portion of subsection 44.3(1) of the Act before paragraph (a) is replaced by the following:
Laundering proceeds of trafficking in controlled drugs	44.3 (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
	(2) Section 44.3 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
	125. Section 50.2 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S., c. 42 (4th Supp.), s. 10	126. (1) The portion of subsection 50.3(1) of the Act before paragraph (a) is replaced by the following:
Laundering proceeds of trafficking in restricted drugs	50.3 (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
	(2) Section 50.3 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S., c. F-29	Foreign Extraterritorial Measures Act
	*127. Paragraphs 5(1)(a) and (b) of the French version of the Foreign Extraterritorial Measures Act* are replaced by the following:**
	a) de l'informer de cette mesure ou de toutes directives, instructions, indications d'orientation ou autres communications s'y rapportant et émanant d'un tiers en situation de diriger ou d'influencer les activités de cette personne;
	b) de se soustraire à cette mesure ou aux directives, instructions, indications d'orientation ou autres communications visées à l'alinéa a).
R.S., c. N-1	Narcotic Control Act
	*128. Section 19.1 of the Narcotic Control Act* is amended by adding the following after subsection (2):**
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S., c. 42 (4th Supp.), s. 12	129. (1) The portion of subsection 19.2(1) of the Act before paragraph (a) is replaced by the following:
Laundering proceeds of certain offences	19.2 (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of
	(2) Section 19.2 of the Act is amended by adding the following after subsection (2):
Exception	(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.
R.S, c. N-5	National Defence Act
1991, c. 43, s. 18	*130. Subsection 201(2) of the National Defence Act* is replaced by the following:**
Treatment not a condition	(2) No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person.
1991, c. 43, s. 18	131. (1) Subsection 202(2) of the Act is replaced by the following:
Condition	(2) No disposition may be made under this section unless the court martial is satisfied, on the basis of evidence described in subsection (3), that a specific treatment should be administered to the accused person for the purpose of making the accused person fit to stand trial.
	(2) Section 202 of the Act is amended by adding the following after subsection (3):
Notice	(3.1) A court martial shall not make a disposition under this section unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application.
1991, c. 43, s. 18	(3) Subsection 202(4) of the Act is replaced by the following:
Challenge by accused person	(4) On receipt of the notice referred to in subsection (3.1), an accused person may challenge an application of the prosecutor under this section, and may adduce any evidence for that purpose.
1991, c. 43, s. 18; 1993, c. 34, s. 94(F)	132. Subsection 202.12(1) of the Act is replaced by the following:
Prima facie case to be made every two years	202.12 (1) Where a finding of unfit to stand trial is made by a court martial in respect of an accused person, the authority that convened the court martial or a convening authority designated by the Chief of the Defence Staff shall direct that a Standing Court Martial, where the accused person is an officer or a non-commissioned member, or a Special General Court Martial in any other case, hold an inquiry and determine whether sufficient admissible evidence can be adduced at that time to put the accused person on trial
	(a) not later than two years after that finding and every two years thereafter until the accused person is tried, or found not guilty in respect of the offence; or
	(b) at such other time as the authority may order, where the authority is satisfied on the basis of an application and any other written material submitted by the accused person that there is reason to doubt that there is a prima facie case against the accused person.
1991, c. 43, s. 18	133. Subsection 202.16(2) of the Act is replaced by the following:
Treatment not a condition	(2) No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person.
	134. (1) The portion of subsection 245(1) of the Act before paragraph (a) is replaced by the following:
Appeal by person tried	245. (1) A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court
	(2) The portion of subsection 245(2) of the Act before paragraph (a) is replaced by the following:
Appeal by Minister	(2) The Minister, or counsel instructed by the Minister for that purpose, may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court
1993, c. 37	Seized Property Management Act
	*135. Paragraph 4(1)(b) of the French version of the Seized Property Management Act* is replaced by the following:**
	b) les biens bloqués en vertu d'une ordonnance rendue à la demande du procureur général sous le régime de l'article 462.33 du Code criminel et confiés à l'administration du ministre en application du sous-alinéa 462.33(3)b)(i) de cette loi avec mission d'en prendre la charge, de les administrer ou d'effectuer toute autre opération à leur égard;
	136. Section 18 of the French version of the Act is replaced by the following:
Indemnités	18. Sous réserve des règlements, le ministre peut garantir les personnes attributaires des marchés visés à l'alinéa 9g) contre les réclamations qui pourraient être faites contre elles pour tout fait - action ou omission - accompli par elles de bonne foi relativement aux biens visés aux paragraphes 4(1) à (3) qui sont en la possession du ministre ou dont il a la charge.
	137. Paragraph 19(a) of the French version of the Act is replaced by the following:
	a) régir l'aliénation, de même que la disposition, par le ministre, des biens visés aux paragraphes 4(1) à (3) qui ont été confisqués au profit de Sa Majesté;
R.S., c. S-26	Supreme Court Act
R.S., c. 34 (3rd Supp.), s. 4	*138. (1) The portion of subsection 43(1) of the Supreme Court Act* before paragraph (a) is replaced by the following:**
Applications for leave to appeal	43. (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall
	(2) Section 43 of the Act is amended by adding the following after subsection (1.1):
Mandatory oral hearing	(1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents.
R.S., c. 34 (3rd Supp.), s. 5	139. Subsection 58(2) of the Act is replaced by the following:
Computation of time periods	(2) The month of July shall be excluded in the computation of a time period referred to in subsection (1).
1996, c. 34	An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act
	*139.1 Section 8 of An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act* is replaced by the following:**
	8. Paragraph 745.63(1)(d) of the Criminal Code, as enacted by section 2 of this Act, applies in respect of hearings held after the coming into force of this section with respect to applications for judicial review in respect of crimes committed before or after the coming into force of this section.