Bill C-95
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17. Paragraph 718.2(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (ii), by adding the
word ``or'' at the end of subparagraph (iii)
and by adding the following after
subparagraph (iii):
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18. Section 743.6 of the Act is amended by
adding the following after subsection (1):
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| Power of
court to delay
parole
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(1.1) Notwithstanding subsection 120(1) of
the Corrections and Conditional Release Act,
where an offender receives a sentence of
imprisonment of two years or more, including
a sentence of imprisonment for life imposed
otherwise than as a minimum punishment, on
conviction for a criminal organization
offence, the court may order that the portion of
the sentence that must be served before the
offender may be released on full parole is one
half of the sentence or ten years, whichever is
less.
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19. The Act is amended by adding the
following after section 810:
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| When fear of
criminal
organization
offence
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810.01 (1) A person who fears on
reasonable grounds that another person will
commit a criminal organization offence may,
with the consent of the Attorney General, lay
an information before a provincial court
judge.
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| Appearances
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(2) A provincial court judge who receives
an information under subsection (1) may
cause the parties to appear before the
provincial court judge.
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| Adjudication
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(3) The provincial court judge before whom
the parties appear may, if satisfied by the
evidence adduced that the informant has
reasonable grounds for the fear, order that the
defendant enter into a recognizance to keep
the peace and be of good behaviour for any
period that does not exceed twelve months and
to comply with any other reasonable
conditions prescribed in the recognizance,
including the conditions set out in subsection
(5), that the provincial court judge considers
desirable for preventing the commission of a
criminal organization offence.
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| Refusal to
enter into
recognizance
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(4) The provincial court judge may commit
the defendant to prison for a term not
exceeding twelve months if the defendant
fails or refuses to enter into the recognizance.
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| Conditions -
firearms
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(5) Before making an order under
subsection (3), the provincial court judge shall
consider whether it is desirable, in the
interests of the safety of the defendant or of
any other person, to include as a condition of
the recognizance that the defendant be
prohibited from possessing any firearm or any
ammunition or explosive substance for any
period specified in the recognizance and that
the defendant surrender any firearms
acquisition certificate that the defendant
possesses, and where the provincial court
judge decides that it is not desirable, in the
interests of the safety of the defendant or of
any other person, for the defendant to possess
any of those things, the provincial court judge
may add the appropriate condition to the
recognizance.
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| Variance of
conditions
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(6) The provincial court judge may, on
application of the informant, the Attorney
General or the defendant, vary the conditions
fixed in the recognizance.
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| Other
provisions to
apply
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(7) Subsections 810(4) and (5) apply, with
any modifications that the circumstances
require, to recognizances made under this
section.
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| 1994, c. 44,
s. 82
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20. The portion of section 811 of the Act
before paragraph (a) is replaced by the
following:
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| Breach of
recognizance
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811. A person bound by a recognizance
under section 810, 810.01 or 810.1 who
commits a breach of the recognizance is guilty
of
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. A-1
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Access to Information Act |
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21. Schedule II to the Access to
Information Act is amended by replacing
the reference to ``sections 187 and 193''
opposite the reference to the Criminal Code
with a reference to ``sections 187, 193 and
487.3''.
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| 1993, c. 37
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Seized Property Management Act |
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| 1996, c. 19,
s. 85
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22. The definition ``offence-related
property'' in section 2 of the Seized Property
Management Act is replaced by the
following:
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| ``offence- related property'' « biens infraction- nels »
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``offence-related property'' has the same
meaning as in subsection 2(1) of the
Controlled Drugs and Substances Act or
section 2 of the Criminal Code, as the case
may be ;
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| 1996, c. 19,
s. 90
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23. Paragraph 10(a) of the Act is replaced
by the following:
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| 1996, c. 19,
s. 91
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24. Subparagraph 11(a)(i) of the Act is
replaced by the following:
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| 1996, c. 19,
s. 92
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25. Section 14 of the Act is replaced by the
following:
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| Where costs
are greater
than proceeds
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14. Where the proceeds of disposition
available to Her Majesty from the forfeiture of
any property pursuant to subsection 462.37(1)
or (2) or 462.38(2), subparagraph
462.43(c)(iii) or subsection 490(9), 490.1(1)
or 490.2(2) of the Criminal Code or
subsection 16(1) or 17(2) of the Controlled
Drugs and Substances Act are insufficient to
cover the outstanding amounts charged to the
Working Capital Account pursuant to
subsection 12(2), and any interest thereon, in
respect of the property, there shall be charged
to the Proceeds Account and credited to the
Working Capital Account, or to interest
revenue, as the case may be, an amount equal
to the amount of the shortfall.
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CONDITIONAL AMENDMENTS |
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| Firearms Act
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26. On the later of the coming into force
of subsection 810.01(5) of the Criminal
Code, as enacted by section 19 of this Act,
and subsections 810(3.1) to (3.12) of the
Criminal Code, as enacted by section 157 of
the Firearms Act, chapter 39 of the Statutes
of Canada, 1995, subsection 810.01(5) of the
Criminal Code is replaced by the following:
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| Conditions -
firearms
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(5) Before making an order under
subsection (3), the provincial court judge shall
consider whether it is desirable, in the
interests of the safety of the defendant or of
any other person, to include as a condition of
the recognizance that the defendant be
prohibited from possessing any firearm,
cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition,
prohibited ammunition or explosive
substance, or all of those things, for any period
specified in the recognizance, and where the
provincial court judge decides that it is so
desirable, the provincial court judge shall add
such a condition to the recognizance.
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| Surrender, etc.
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(5.1) Where the provincial court judge adds
a condition described in subsection (5) to a
recognizance, the provincial court judge shall
specify in the recognizance the manner and
method by which
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| Reasons
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(5.2) Where the provincial court judge does
not add a condition described in subsection (5)
to a recognizance, the provincial court judge
shall include in the record a statement of the
reasons for not adding the condition.
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| Bill C-55
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27. If Bill C-55, introduced in the second
session of the thirty-fifth Parliament and
entitled An Act to amend the Criminal Code
(high risk offenders), the Corrections and
Conditional Release Act, the Criminal
Records Act, the Prisons and Reformatories
Act and the Department of the Solicitor
General Act, is assented to, then, on the later
of the day on which section 10 of that Act
comes into force and the day on which this
section comes into force, the portion of
section 811 of the Criminal Code, as enacted
by section 20 of this Act, is replaced by the
following:
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| Breach of
recognizance
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811. A person bound by a recognizance
under section 810, 810.01, 810.1 or 810.2 who
commits a breach of the recognizance is guilty
of
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COMING INTO FORCE |
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| Coming into
force
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28. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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