Bill C-51

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	1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
	The House of Commons of Canada
	BILL C-51
	An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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. 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30, 39	CRIMINAL CODE
	*1. Section 2 of the Criminal Code* is amended by adding the following in alphabetical order:**
``valuable mineral'' « minéraux précieux »	``valuable mineral'' means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals;
	2. Section 168 of the Act is replaced by the following:
Mailing obscene matter	168. (1) Every one commits an offence who makes use of the mails for the purpose of transmitting or delivering anything that is obscene, indecent, immoral or scurrilous.
Exceptions	(2) Subsection (1) does not apply to a person who
	(a) prints or publishes any matter for use in connection with any judicial proceedings or communicates it to persons who are concerned in the proceedings;
	(b) prints or publishes a notice or report under the direction of a court; or
	(c) prints or publishes any matter
	(i) in a volume or part of a genuine series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts of law, or
	(ii) in a publication of a technical character that is intended, in good faith, for circulation among members of the legal or medical profession.
	3. The portion of section 169 of the Act before paragraph (a) is replaced by the following:
Punishment	169. Every one who commits an offence under section 163, 165, 167 or 168 is guilty of
R.S., c. 27 (1st Supp.), s. 23	4. The definition ``offence'' in section 183 of the Act is amended by replacing the expression ``212(1) (procuring)'' with the expression ``210(1) (keeping common bawdy house), 212(1) (procuring), 212(2) (procuring), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years), 212(4) (offence - prostitution of person under eighteen)''.
	5. Section 186 of the Act is amended by adding the following after subsection (5):
Installation and removal of device	(5.1) For greater certainty, an authorization that permits interception by means of an electro-magnetic, acoustic, mechanical or other device includes the authority to install, maintain or remove the device covertly.
Removal after expiry of authorization	(5.2) On an ex parte application, in writing, supported by affidavit, the judge who gave an authorization referred to in subsection (5.1) or any other judge having jurisdiction to give such an authorization may give a further authorization for the covert removal of the electro-magnetic, acoustic, mechanical or other device after the expiry of the original authorization
	(a) under any terms or conditions that the judge considers advisable in the public interest; and
	(b) during any specified period of not more than sixty days.
R.S., c. 52 (1st Supp.), s. 3	6. (1) Paragraph 207(4)(a) of the Act is replaced by the following:
	(a) three-card monte, punch board or coin table;
R.S., c. 52 (1st Supp.), s. 3	(2) Paragraph 207(4)(c) of the Act is replaced by the following:
	(c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device or slot machine, within the meaning of subsection 198(3), or a dice game.
	7. The Act is amended by adding the following after section 207:
Exemption - lottery scheme on an international cruise ship	207.1 (1) Despite any of the provisions of this Part relating to gaming and betting, it is lawful for the owner or operator of an international cruise ship, or their agent, to conduct, manage or operate and for any person to participate in a lottery scheme during a voyage on an international cruise ship when all of the following conditions are satisfied:
	(a) all the people participating in the lottery scheme are located on the ship;
	(b) the lottery scheme is not linked, by any means of communication, with any lottery scheme, betting, pool selling or pool system of betting located off the ship;
	(c) the lottery scheme is not operated within five nautical miles of a Canadian port at which the ship calls or is scheduled to call; and
	(d) the ship is registered
	(i) in Canada and its entire voyage is scheduled to be outside Canada, or
	(ii) anywhere, including Canada, and its voyage includes some scheduled voyaging within Canada and the voyage
	(A) is of at least forty-eight hours duration and includes some voyaging in international waters and at least one non-Canadian port of call including the port at which the voyage begins or ends, and
	(B) is not scheduled to disembark any passengers at a Canadian port who have embarked at another Canadian port, without calling on at least one non-Canadian port between the two Canadian ports.
Paragraph 207(1)(h) and subsection 207(5) apply	(2) For greater certainty, paragraph 207(1)(h) and subsection 207(5) apply for the purposes of this section.
Offence	(3) Every one who, for the purpose of a lottery scheme, does anything that is not authorized by this section
	(a) in the case of the conduct, management or operation of the lottery scheme,
	(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years, or
	(ii) is guilty of an offence punishable on summary conviction; and
	(b) in the case of participating in the lottery scheme, is guilty of an offence punishable on summary conviction.
Definitions	(4) The definitions in this subsection apply in this section.
``internatio- nal cruise ship'' « navire de croisière internatio- nale »	``international cruise ship'' means a passenger ship that is suitable for continuous ocean voyages of at least forty-eight hours duration, but does not include such a ship that is used or fitted for the primary purpose of transporting cargo or vehicles.
``lottery scheme'' « loterie »	``lottery scheme'' means a game or any proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g), whether or not it involves betting, pool selling or a pool system of betting. It does not include
	(a) three-card monte, punch board or coin table; or
	(b) bookmaking, pool selling or the making or recording of bets, including bets made through the agency of a pool or pari-mutuel system, on any race or fight, or on a single sporting event or athletic contest.
1997, c. 16, s. 2(4)	8. Subsections 212(4) and (5) of the Act are replaced by the following:
Offence - prostitution of person under eighteen	(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
1997, c. 18, s. 9	9. (1) Section 227 of the Act is repealed.
Transitional provision	(2) Subsection (1) applies in respect of an offence referred to in section 227 of the Act if the last event by means of which a person caused or contributed to the cause of death occurs after the coming into force of that subsection or occurred not more than one year and a day before its coming into force.
R.S., c. 27 (1st Supp.), s. 186 (Sch. IV, item 3)	10. Section 394 of the Act is replaced by the following:
Fraud in relation to valuable minerals	394. (1) No person who is the holder of a lease or licence issued under an Act relating to the mining of valuable minerals, or by the owner of land that is supposed to contain valuable minerals, shall
	(a) by a fraudulent device or contrivance, defraud or attempt to defraud any person of
	(i) any valuable minerals obtained under or reserved by the lease or licence, or
	(ii) any money or valuable interest or thing payable in respect of valuable minerals obtained or rights reserved by the lease or licence; or
	(b) fraudulently conceal or make a false statement with respect to the amount of valuable minerals obtained under the lease or licence.
Sale of valuable minerals	(2) No person, other than the owner or the owner's agent or someone otherwise acting under lawful authority, shall sell any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed.
Purchase of valuable minerals	(3) No person shall buy any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed from anyone who the person has reason to believe is not the owner or the owner's agent or someone otherwise acting under lawful authority.
Presumption	(4) In any proceeding in relation to subsection (2) or (3), in the absence of evidence raising a reasonable doubt to the contrary, it is presumed that
	(a) in the case of a sale, the seller is not the owner of the valuable mineral or the owner's agent or someone otherwise acting under lawful authority; and
	(b) in the case of a purchase, the purchaser, when buying the valuable mineral, had reason to believe that the seller was not the owner of the mineral or the owner's agent or someone otherwise acting under lawful authority.
Offence	(5) A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Forfeiture	(6) If a person is convicted of an offence under this section, the court may order anything by means of or in relation to which the offence was committed, on such conviction, to be forfeited to Her Majesty.
Exception	(7) Subsection (6) does not apply to real property other than real property built or significantly modified for the purpose of facilitating the commission of an offence under this section.
Possession of stolen or fraudulently obtained valuable minerals	394.1 (1) No person shall possess any valuable mineral that is unrefined, partly refined, uncut or otherwise unprocessed that has been stolen or dealt with contrary to section 394.
Evidence	(2) Reasonable grounds to believe that the valuable mineral has been stolen or dealt with contrary to section 394 are, in the absence of evidence raising a reasonable doubt to the contrary, proof that the valuable mineral has been stolen or dealt with contrary to section 394.
Offence	(3) A person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Forfeiture	(4) If a person is convicted of an offence under this section, the court may, on that conviction, order that anything by means of or in relation to which the offence was committed be forfeited to Her Majesty.
Exception	(5) Subsection (4) does not apply to real property, other than real property built or significantly modified for the purpose of facilitating the commission of an offence under subsection (3).
	11. Subsection 395(1) of the Act is replaced by the following:
Search for valuable minerals	395. (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.
	12. Section 457 of the Act is replaced by the following:
Likeness of bank-notes	457. (1) No person shall make, publish, print, execute, issue, distribute or circulate, including by electronic or computer-assisted means, anything in the likeness of
	(a) a current bank-note; or
	(b) an obligation or a security of a government or bank.
Exception	(2) Subsection (1) does not apply to
	(a) the Bank of Canada or its employees when they are carrying out their duties;
	(b) the Royal Canadian Mounted Police or its members or employees when they are carrying out their duties; or
	(c) any person acting under a contract or licence from the Bank of Canada or Royal Canadian Mounted Police.
Offence	(3) A person who contravenes subsection (1) is guilty of an offence punishable on summary conviction.
Defence	(4) No person shall be convicted of an offence under subsection (3) in relation to the printed likeness of a Canadian bank-note if it is established that the length or width of the likeness is less than three-fourths or greater than one-and-one-half times the length or width, as the case may be, of the bank-note and
	(a) the likeness is in black-and-white only; or
	(b) the likeness of the bank-note appears on only one side of the likeness.
	13. Paragraph (a) of the definition ``enterprise crime offence'' in section 462.3 of the Act is amended by adding the following after subparagraph (xvii):
	(xvii.1) section 394 (fraud in relation to valuable minerals),

Bill C-51

BILL C-51

CRIMINAL CODE