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Bill C-320

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999

The House of Commons of Canada

BILL C-320

An Act to amend the Criminal Code (offence committed outside Canada)

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; 1997, cc. 9, 16, 17, 18, 23, 30, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, c. 5

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Criminal Code is amended by adding the following after subsection 7(3.7):

Offence committed outside Canada

(3.701) Despite any other provision in this or any other Act of Parliament, but subject to subsection (3.703), every one who commits an act or omission outside Canada that, if committed in Canada would constitute an offence under this Act, shall be deemed to have committed that act in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of the Immigration Act or is present in Canada after the commission of the act or omission.

Attorney General of a province

(3.702) Notwithstanding any other provision of this Act, no proceedings may be commenced with respect to an act or omission referred to in subsection (3.701) without the personal consent in writing of the Attorney General of the province in which the person who commits the act or omission is present or, where the person is present in the Yukon Territory, the Northwest Territories or Nunavut, of the Attorney General of Canada.

For greater certainty

(3.703) Subsection (3.701) does not preclude the application of subsections (1) to ( 3.5), (3.7) to (4.1) and 46(3) or sections 57, 58, 74, 75 or 477.1.