Bill C-15

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First Reading

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	RECOMMENDATION
	Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Criminal Code and to amend other Acts''.
	SUMMARY
	This enactment amends the Criminal Code by
	(a) adding offences and other measures that provide additional protection to children from sexual exploitation, including sexual exploitation involving use of the Internet;
	(b) increasing the maximum penalty for criminal harassment;
	(c) making home invasions an aggravating circumstance for sentencing purposes;
	(d) creating an offence of disarming, or attempting to disarm, a peace officer;
	(e) consolidating animal cruelty offences and increasing the maximum penalties;
	(f) codifying and clarifying the review process for applications to the Minister of Justice with respect to allegations of miscarriage of justice; and
	(g) reforming and modernizing criminal procedure with respect to
	(i) procedural aspects of preliminary inquiries,
	(ii) the disclosure of expert evidence,
	(iii) rules of court in relation to case management and preliminary inquiries,
	(iv) electronic documents and remote appearances,
	(v) a plea comprehension inquiry scheme,
	(vi) private prosecutions,
	(vii) the selection of alternate jurors, and
	(viii) restriction on the use of agents.
	This enactment also amends the Criminal Code and the Firearms Act in order to simplify compliance with the firearms program, to modernize administrative procedures and to meet Canada's emerging international obligations by
	(a) in Part III of the Criminal Code,
	(i) modernizing the description of firearms that are deemed not to be firearms for the purpose of the Firearms Act and certain provisions of the Criminal Code,
	(ii) providing that there is no forfeiture of goods that are the subject of a prohibition order made under section 515 of the Criminal Code, and
	(iii) providing that an authorization, licence or registration certificate for firearms be revoked or amended only for the period that a prohibition order made under that section is in force; and
	(b) in the Firearms Act,
	(i) eliminating the requirement that the renewal of licences and authorizations be dealt with in the same manner as for their first issuance,
	(ii) permitting applications for and issuance of licences, registration certificates and authorizations to be made by electronic means,
	(iii) establishing a pre-approval process for the importation of firearms by non-residents by giving the Registrar of Firearms statutory authority to carry out eligibility checks,
	(iv) authorizing the making of regulations respecting the importation and exportation of firearms and parts and components designed for use in the manufacture or assembly of firearms,
	(v) expanding the grandfathered class for certain prohibited firearms,
	(vi) modifying the employee licensing requirements,
	(vii) authorizing the Governor in Council to appoint a Commissioner of Firearms, and
	(viii) providing for the appointment or deployment of the Registrar of Firearms under the Public Service Employment Act.
	This enactment also amends the following Acts:
	(a) the National Capital Act, by increasing the maximum fine available; and
	(b) the National Defence Act, by providing for fingerprinting.
	EXPLANATORY NOTES
	Criminal Code
	Clause 2: New.
	Clause 3: (1) The relevant portion of subsection 7(2.31) reads as follows:
	(2.31) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Space Station or on any means of transportation to and from the Space Station that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission
	. . .
	(b) is committed on, or in relation to, a flight element provided by Canada or damages a Canadian flight element.
	(2) Subsections 7(4.2) and (4.3) read as follows:
	(4.2) Proceedings with respect to an act or omission that if committed in Canada would be an offence against section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171 or 173 shall be instituted in Canada only if a request to that effect to the Minister of Justice of Canada is made by
	(a) any consular officer or diplomatic agent accredited to Canada by the state where the offence has been committed; or
	(b) any minister of that state communicating with the Minister through the diplomatic representative of Canada accredited to that state.
	(4.3) Proceedings referred to in subsection (4.2) may only be instituted with the consent of the Attorney General.
	Clause 4: (1) New.
	(2) The relevant portion of subsection 84(3) reads as follows:
	(3) For the purposes of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of this Act and the provisions of the Firearms Act, the following weapons are deemed not to be firearms:
	. . .
	(d) any other barrelled weapon, where it is proved that the weapon is not designed or adapted to discharge
	(i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second, or
	(ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second.
	Clause 5: The relevant portion of subsection 85(1) reads as follows:
	85. (1) Every person commits an offence who uses a firearm
	(a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with intent - firearm), 272 (sexual assault with a weapon), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),
	Clause 6: The relevant portion of subsection 109(1) reads as follows:
	109. (1) Where a person is convicted, or discharged under section 730, of
	. . .
	(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
	. . .
	the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) of (3), as the case may be.
	Clause 7: New.
	Clause 8: Section 116 reads as follows:
	116. Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order.
	Clause 9: The relevant portion of subsection 117.07(2) reads as follows:
	(2) In this section, ``public officer'' means
	. . .
	(h) a chief firearms officer and any firearms officer.
	Clause 10: (1) and (2) Paragraph 161(1)(c) is new. The relevant portion of subsection 161(1) reads as follows:
	161. (1) Where an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, 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
	Clause 11: (1) The relevant portion of subsection 163.1(1) reads as follows:
	163.1 (1) In this section, ``child pornography'' means
	(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,
	(2) The relevant portion of subsection 163.1(3) reads as follows:
	(3) Every person who imports, distributes, sells or possesses for the purpose of distribution or sale any child pornography is guilty of
	(3) New.
	Clause 12: Subsection 164(4) reads as follows:
	(4) If the court is satisfied that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it shall make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.
	Clause 13: New.
	Clause 14: New.
	Clause 15: New.
	Clause 16: The definition ``child'' in section 214 reads as follows:
	``child'' includes an adopted child and an illegitimate child;
	Clause 17: The relevant portion of subsection 264(3) reads as follows:
	(3) Every person who contravenes this section is guilty of
	(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
	Clause 18: The relevant portion of subsection 264.1(1) reads as follows:
	264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
	. . .
	(c) to kill, poison or injure an animal or bird that is the property of any person.
	Clause 19: New.
	Clause 20: Sections 274 and 275 read as follows:
	274. Where an accused is charged with an offence under section 151, 152, 153, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.
	275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 155 and 159, subsections 160(2) and (3), and sections 170, 171, 172, 173, 271, 272 and 273.
	Clause 21: The relevant portion of subsection 276(1) reads as follows:
	276. (1) In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
	Clause 22: Section 277 reads as follows:
	277. In proceedings in respect of an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
	Clause 23: New.
	Clause 24: The heading before section 444 and sections 444 to 447 read as follows:
	Cattle and Other Animals
	444. Every one who wilfully
	(a) kills, maims, wounds, poisons or injures cattle, or
	(b) places poison in such a position that it may easily be consumed by cattle,
	is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
	445. Every one who wilfully and without lawful excuse
	(a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose, or
	(b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose,
	is guilty of an offence punishable on summary conviction.
	Cruelty to Animals
	446. (1) Every one commits an offence who
	(a) wilfully causes or, being the owner, wilfully permits to be caused unnecessary pain, suffering or injury to an animal or a bird;
	(b) by wilful neglect causes damage or injury to animals or birds while they are being driven or conveyed;
	(c) being the owner or the person having the custody or control of a domestic animal or a bird or an animal or a bird wild by nature that is in captivity, abandons it in distress or wilfully neglects or fails to provide suitable and adequate food, water, shelter and care for it;
	(d) in any manner encourages, aids or assists at the fighting or baiting of animals or birds;
	(e) wilfully, without reasonable excuse, administers a poisonous or an injurious drug or substance to a domestic animal or bird or an animal or a bird wild by nature that is kept in captivity or, being the owner of such an animal or a bird, wilfully permits a poisonous or an injurious drug or substance to be administered to it;
	(f) promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive birds are liberated by hand, trap, contrivance or any other means for the purpose of being shot when they are liberated; or
	(g) being the owner, occupier or person in charge of any premises, permits the premises or any part thereof to be used for a purpose mentioned in paragraph (f).
	(2) Every one who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction.
	(3) For the purposes of proceedings under paragraph (1)(a) or (b), evidence that a person failed to exercise reasonable care or supervision of an animal or a bird thereby causing it pain, suffering, damage or injury is, in the absence of any evidence to the contrary, proof that the pain, suffering, damage or injury was caused or was permitted to be caused wilfully or was caused by wilful neglect, as the case may be.
	(4) For the purpose of proceedings under paragraph (1)(d), evidence that an accused was present at the fighting or baiting of animals or birds is, in the absence of any evidence to the contrary, proof that he encouraged, aided or assisted at the fighting or baiting.
	(5) Where an accused is convicted of an offence under subsection (1), the court may, in addition to any other sentence that may be imposed for the offence, make an order prohibiting the accused from owning or having the custody or control of an animal or a bird during any period not exceeding two years.
	(6) Every one who owns or has the custody or control of an animal or a bird while he is prohibited from doing so by reason of an order made under subsection (5) is guilty of an offence punishable on summary conviction.
	447. (1) Every one who builds, makes, maintains or keeps a cockpit on premises that he owns or occupies, or allows a cockpit to be built, made, maintained or kept on such premises is guilty of an offence punishable on summary conviction.
	(2) A peace officer who finds cocks in a cockpit or on premises where a cockpit is located shall seize them and take them before a justice who shall order them to be destroyed.
	Clause 25: Section 462.47 reads as follows:
	462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit an enterprise crime offence or a designated substance offence.
	Clause 26: (1) Subsection 482(2) reads as follows:
	(2) Every court of criminal jurisdiction for a province and every appeal court within the meaning of section 812 that is not a court referred to in subsection (1) may, subject to the approval of the lieutenant governor in council of the province, make rules of court not inconsistent with this Act or any other Act of Parliament, and any rules so made apply to any prosecution, proceeding, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to any such prosecution, proceeding, action or appeal.
	(2) The relevant portion of subsection 482(3) reads as follows:
	(3) Rules under subsection (1) or (2) may be made
	. . .
	(c) to regulate in criminal matters the pleading, practice and procedure in the court including pre-hearing conferences held pursuant to section 625.1 and proceedings with respect to judicial interim release and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and
	Clause 27: New.
	Clause 28: Subsection 485(1.1) reads as follows:
	(1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as paragraph 537(1)(j) or subsection 650(1.1) applies and the accused is to appear by counsel.
	Clause 29: Subsection 486(2.1) reads as follows:
	(2.1) Notwithstanding section 650, where an accused is charged with an offence under section 151, 152, 153, 155 or 159, subsection 160(2) or (3), or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness.
	Clause 30: The relevant portion of subsection 507(1) reads as follows:
	507. (1) Subject to subsection 523(1.1), a justice who receives an information, other than an information laid before the justice under section 505, shall, except where an accused has already been arrested with or without a warrant,
	Clause 31: New.
	Clause 32: The relevant portion of subsection 515(4.1) reads as follows:
	(4.1) When making an order under subsection (2), in the case of an accused who is charged with
	. . .
	(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or
	. . .
	the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
	Clause 33: The relevant portion of section 529.1 reads as follows:
	529.1 A judge or justice may issue a warrant in Form 7.1 authorizing a peace officer to enter a dwelling-house described in the warrant for the purpose of arresting or apprehending a person identified or identifiable by the warrant if the judge or justice is satisfied by information on oath that there are reasonable grounds to believe that the person is or will be present in the dwelling-house and that
	. . .
	(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b); or
	Clause 34: Section 535 reads as follows:
	535. Where an accused who is charged with an indictable offence is before a justice, the justice shall, in accordance with this Part, inquire into that charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part.
	Clause 35: (1) Subsection 536(2) reads as follows:
	(2) Where an accused is before a justice charged with an offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to his election in the following words:
	You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?
	(2) Subsections 536(4.1) to (4.3) are new. Subsection 536(4) reads as follows:
	(4) Where an accused elects to have a preliminary inquiry and to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to his election, the justice shall hold a preliminary inquiry into the charge and if the accused is ordered to stand trial, the justice shall endorse on the information and, where the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.
	Clause 36: Subsections 536.1(4.1) and (4.2) are new. Subsections 536.1(2) to (5) read as follows:
	(2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words:
	You have the option to elect to be tried by a judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?
	(3) If an accused elects to be tried by a judge without a jury and without having had a preliminary inquiry, the justice of the peace or judge shall endorse on the information a record of the election and,
	(a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or
	(b) if the accused is before a judge, the judge shall call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial.
	(4) If an accused elects to have a preliminary inquiry and to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to an election, the justice of the peace or judge shall hold a preliminary inquiry into the charge and if the accused is ordered to stand trial, the justice of the peace or judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.
	(5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purposes of subsection (4).
	Clause 37: New.
	Clause 38: (1) and (2) Paragraph 537(1)(j.1) is new. The relevant portion of subsection 537(1) reads as follows:
	537. (1) A justice acting under this Part may
	. . .
	(i) regulate the course of the inquiry in any way that appears to him to be desirable and that is not inconsistent with this Act;
	(3) New.
	Clause 39: (1) The relevant portion of subsection 540(1) reads as follows:
	540. (1) Where an accused is before a justice holding a preliminary inquiry, the justice shall
	(a) take the evidence under oath, in the presence of the accused, of the witnesses called on the part of the prosecution and allow the accused or his counsel to cross-examine them; and
	(2) New.
	Clause 40: Subsection 549(1.1) is new. Subsection 549(2) reads as follows:
	(2) Where an accused is ordered to stand trial under subsection (1), the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall thereafter be dealt with in all respects as if ordered to stand trial under section 548.
	Clause 41: Subsection 554(2) reads as follows:
	(2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 469, and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury and without having a preliminary inquiry.
	Clause 42: The relevant portion of subsection 555(3) reads as follows:
	(3) Where an accused is put to his election pursuant to subsection (2), the following provisions apply, namely,
	(a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if he orders the accused to stand trial, the provincial court judge shall comply with subsection 536(4); and
	Clause 43: Subsections 555.1(3) and (4) read as follows:
	(3) If an accused is put to an election under subsection (2) and the accused elects to have a preliminary inquiry and to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to the election, the judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the judge orders the accused to stand trial, the judge shall endorse on the information and, if the accused is in custody, on the warrant of committal, a statement showing the nature of the election of the accused or that the accused did not elect, as the case may be.
	(4) If an accused is put to an election under subsection (2), and the accused elects to be tried by a judge without a jury and without having a preliminary inquiry, the judge shall endorse on the information a record of the election and continue with the trial.
	Clause 44: (1) The relevant portion of subsection 556(2) reads as follows:
	(2) Where an accused corporation does not appear pursuant to a summons and service of the summons on the corporation is proved, the provincial court judge, or in Nunavut, the judge of the Nunavut Court of Justice
	. . .
	(b) shall, if the charge is not one over which he has absolute jurisdiction, hold a preliminary inquiry in accordance with Part XVIII in the absence of the accused corporation.
	(2) Subsection 556(4) is new. Subsection 556(3) reads as follows:
	(3) If an accused corporation appears but does not elect when put to an election under subsection 536(2) or 536.1(2), the provincial court judge or judge of the Nunavut Court of Justice shall hold a preliminary inquiry in accordance with Part XVIII.
	Clause 45: Section 557 reads as follows:
	557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused shall be taken in accordance with the provisions of Part XVIII relating to preliminary inquiries.
	Clause 46: The relevant portion of subsection 560(1) reads as follows:
	560. (1) If an accused elects, under section 536 or 536.1 to have a preliminary inquiry and to be tried by a judge without a jury, a judge having jurisdiction shall,
	Clause 47: Subsection 561(2) reads as follows:
	(2) An accused who elects to be tried by a provincial court judge may, not later than fourteen days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so thereafter with the written consent of the prosecutor.
	Clause 48: (1) Subsections 561.1(1) to (3) read as follows:
	561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor, except that an accused who has had a preliminary inquiry may not elect to be tried by a judge without a jury and without having had a preliminary inquiry.
	(2) An accused who has elected to be tried by a judge without a jury and without a preliminary inquiry may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial.
	(3) An accused who has elected to be tried by a judge and jury or to have a preliminary inquiry and to be tried by a judge without jury may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the fifteenth day following its completion.
	(2) Subsections 561.1(5) to (7) read as follows:
	(5) If an accused wishes to re-elect under subsection (1) to be tried by a judge without a jury and without having had a preliminary inquiry and a justice of the peace is presiding at the preliminary inquiry, the justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused's intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace.
	(6) If an accused wishes to re-elect under subsection (1) or (3) after the completion of a preliminary inquiry or after having elected a trial by judge without a jury and without having had a preliminary inquiry, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
	(7) If an accused wishes to re-elect under subsection (2), the accused shall give notice in writing of the wish to re-elect to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice.
	Clause 49: Subsections 562.1(1) and (2) read as follows:
	562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and without a preliminary inquiry, the judge shall proceed with the trial or appoint a time and place for the trial.
	(2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by judge and jury or to have a preliminary inquiry and to be tried by a judge without a jury, the justice of the peace or judge shall proceed with the preliminary inquiry.
	Clause 50: The relevant portion of subsection 563.1(1) reads as follows:
	563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and without having a preliminary inquiry,
	Clause 51: Subsection 565(2) reads as follows:
	(2) Where an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused shall, for the purposes of the provisions of this Part relating to election and re-election, be deemed to have elected to be tried by a court composed of a judge and jury and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury.
	Clause 52: Subsections 566.1(1) and (2) read as follows:
	566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence mentioned in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury without having had a preliminary inquiry, shall be on an indictment in writing setting forth the offence with which the accused is charged.
	(2) If an accused elects under section 536.1 or re-elects under section 561.1 to have a preliminary inquiry and to be tried by a judge without a jury, an indictment in Form 4 may be preferred.
	Clause 53: Sections 567 to 568 read as follows:
	567. Notwithstanding any other provision of this Part, where two or more persons are charged with the same offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice, provincial court judge or judge
	(a) may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury; and
	(b) if he declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.
	567.1 (1) Despite any other provision of this Part, if two or more persons are charged with the same indictable offence, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the justice of the peace or judge
	(a) may decline to record any election, re-election or deemed election
	(i) for trial by a judge without a jury and without having a preliminary inquiry, or
	(ii) to have a preliminary inquiry and to be tried by a judge without a jury; and
	(b) if the justice of the peace or judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.
	(2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut.
	568. The Attorney General may, notwithstanding that an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, as the case may be, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and where the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.
	Clause 54: Subsection 569(1) reads as follows:
	569. (1) The Attorney General may, despite that an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and without having had a preliminary inquiry or to have a preliminary inquiry and to be tried by a judge without a jury, require the accused to be tried by a court composed of a judge and jury, unless the alleged offence is one that is punishable with imprisonment for five years or less, and if the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry shall be held before a justice of the peace or a judge unless a preliminary inquiry has been held prior to the requirement by the Attorney General that the accused be tried by a court composed of a judge and jury.
	Clause 55: Section 574 reads as follows:
	574. (1) Subject to subsection (3) and section 577, the prosecutor may prefer an indictment against any person who has been ordered to stand trial in respect of
	(a) any charge on which that person was ordered to stand trial, or
	(b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial,
	whether or not the charges were included in one information.
	(2) An indictment preferred under subsection (1) may, if the accused consents, include any charge that is not referred to in paragraph (1)(a) or (b), and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial, but if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies.
	(3) In any prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment shall not be preferred under subsection (1) before any court without the written order of a judge of that court.
	Clause 56: Section 577 reads as follows:
	577. In any prosecution,
	(a) where a preliminary inquiry has not been held, an indictment shall not be preferred, or
	(b) where a preliminary inquiry has been held and the accused has been discharged, an indictment shall not be preferred or a new information shall not be laid
	before any court without,
	(c) where the prosecution is conducted by the Attorney General or the Attorney General intervenes in the prosecution, the personal consent in writing of the Attorney General or Deputy Attorney General, or
	(d) where the prosecution is conducted by a prosecutor other than the Attorney General and the Attorney General does not intervene in the prosecution, the written order of a judge of that court.
	Clause 57: New.
	Clause 58: Subsection 598(2) reads as follows:
	(2) An accused who, pursuant to subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried by a judge without a jury and section 561 or 561.1, as the case may be, does not apply in respect of the accused.
	Clause 59: (1) and (2) New.
	Clause 60: Subsection 625.1(2) reads as follows:
	(2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, prior to the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under section 482 to consider such matters as will promote a fair and expeditious trial.
	Clause 61: New.
	Clause 62: (1) New.
	(2) Subsection 631(3) reads as follows:
	(3) Where
	(a) the array of jurors is not challenged, or
	(b) the array of jurors is challenged but the judge does not direct a new panel to be returned,
	the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by.
	(3) Subsections 631(4) and (5) read as follows:
	(4) The clerk of the court shall swear each member of the jury in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.
	(5) Where the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors are sworn.
	Clause 63: The relevant portion of section 632 reads as follows:
	632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or any challenge has been made in relation to the juror, for reasons of
	. . .
	(b) relationship with the judge, prosecutor, accused, counsel for the accused or a prospective witness; or
	Clause 64: (1) The relevant portion of subsection 634(2) reads as follows:
	(2) Subject to subsections (3) and (4), the prosecutor and the accused are each entitled to
	(2) New.
	Clause 65: Subsection 641(1) reads as follows:
	641. (1) Where a full jury has not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.
	Clause 66: Subsection 642(1) reads as follows:
	642. (1) Where a full jury cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer forthwith to summon as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury.
	Clause 67: New.
	Clause 68: Subsection 643(1.1) is new. Subsection 643(1) reads as follows:
	643. (1) The twelve jurors whose names are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the names of the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged, whereupon the names shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.
	Clause 69: Section 646 reads as follows:
	646. On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII relating to the taking of evidence at preliminary inquiries.
	Clause 70: Subsection 650(1) reads as follows:
	650. (1) Subject to subsections (1.1) and (2), an accused other than a corporation shall be present in court during the whole of the accused's trial.
	Clause 71: New.
	Clause 72: New.
	Clause 73: The relevant portion of the definition ``sentence'' in section 673 reads as follows:
	``sentence'' includes
	. . .
	(b) an order made under subsection 109(1) or 110(1), section 161, subsection 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or *747.1,
	Clause 74: Subsection 675(2.1) reads as follows:
	(2.1) A person against whom an order under section 741.2 has been made may appeal to the court of appeal against the order.
	Clause 75: Subsection 676(5) reads as follows:
	(5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 741.2.
	Clause 76: Subsection 679(7) reads as follows:
	(7) Where, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 690, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).
	Clause 77: New.
	Clause 78: New.
	Clause 79: The relevant portion of section 689 reads as follows:
	689. (1) Where the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 462.37(1), the operation of the order is suspended
	Clause 80: Section 690 and the heading before it read as follows:
	Powers of Minister of Justice
	690. The Minister of Justice may, on an application for the mercy of the Crown by or on behalf of a person who has been convicted in proceedings by indictment or who has been sentenced to preventive detention under Part XXIV,
	(a) direct, by order in writing, a new trial or, in the case of a person under sentence of preventive detention, a new hearing, before any court that he thinks proper, if after inquiry he is satisfied that in the circumstances a new trial or hearing, as the case may be, should be directed;
	(b) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person under sentence of preventive detention, as the case may be; or
	(c) refer to the court of appeal at any time, for its opinion, any question on which he desires the assistance of that court, and the court shall furnish its opinion accordingly.
	Clause 81: New.
	Clause 82: New.
	Clause 83: Section 731.1 reads as follows:
	731.1 (1) Before making a probation order, the court shall consider whether section 100 is applicable.
	(2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 100.
	Clause 84: Section 734.3 reads as follows:
	734.3 A court that makes an order under section 734.1, or a person designated, either by name or by title of office, by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482, change any term of the order except the amount of the fine, and any reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed pursuant to this section.
	Clause 85: Section 742.2 reads as follows:
	742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 100 is applicable.
	(2) For greater certainty, a condition of a conditional sentence referred to in paragraph 742.3(2)(b) does not affect the operation of section 100.
	Clause 86: The relevant portion of subsection 753.1(2) reads as follows:
	(2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if
	(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and
	Clause 87: New.
	Clause 88: The relevant portion of the definition ``sentence'' in section 785 reads as follows:
	``sentence'' includes
	. . .
	(b) an order made under subsection 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5) or section 738, 739 or 742.3,
	Clause 89: New.
	Clause 90: (1) Subsection 810.01(2) reads as follows:
	(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provincial court judge.
	(2) Subsection 810.01(6) reads as follows:
	(6) The provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
	Clause 91: (1) Subsections 810.1(1) to (3) read as follows:
	810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 170 or 171, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of fourteen years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named.
	(2) A provincial court judge who receives an information under subsection (1) shall cause the parties to appear before the provincial court judge.
	(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 the defendant to enter into a recognizance and comply with the conditions fixed by the provincial court judge, including a condition prohibiting the defendant from engaging in any activity that involves contact with persons under the age of fourteen years and prohibiting the defendant from attending a public park or public swimming area where persons under the age of fourteen years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre, for any period fixed by the provincial court judge that does not exceed twelve months.
	(2) Subsection 810.1(4) reads as follows:
	(4) The provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance.
	Clause 92: (1) Subsection 810.2(2) reads as follows:
	(2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before the provincial court judge.
	(2) Subsection 810.2(7) reads as follows:
	(7) The provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance.
	Clause 93: Subsection 822(4) reads as follows:
	(4) Notwithstanding subsections (1) to (3), where an appeal is taken under section 813 and where, because of the condition of the record of the trial in the summary conviction court or for any other reason, the appeal court, on application of the defendant, the informant, the Attorney General or his agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with such rules as may be made under section 482 and for this purpose the provisions of sections 793 to 809 apply with such modifications as the circumstances require.
	Clause 94: Sections 842 to 849 are new. Section 841 and the headings before it read as follows:
	PART XXVIII
	FORMS
	841. (1) The forms set out in this Part varied to suit the case or forms to the like effect shall be deemed to be good, valid and sufficient in the circumstances for which, respectively, they are provided.
	(2) No justice is required to attach or affix a seal to any writing or process that he is authorized to issue and in respect of which a form is provided by this Part.
	(3) Any pre-printed portions of a form set out in this Part varied to suit the case or of a form to the like effect shall be printed in both official languages.
	Clause 95: The relevant portion of Form 7.1 of Part XXVIII reads as follows:
	Whereas there are reasonable grounds to believe:*
	. . .
	(b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) of the Criminal Code; or
	. . .
	This warrant is issued to authorize you to enter the dwelling-house for the purpose of arresting or apprehending the person.
	Clause 96: The relevant portion of Form 11.1 of Part XXVIII reads as follows:
	FORM 11.1
	(Sections 493, 499 and 503)
	UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE
	Canada, Province of ...................., (territorial division).
	I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of the offence).
	In order that I may be released from custody by way of (a promise to appear or a recognizance), I undertake to (insert any conditions that are directed):
	Firearms Act
	Clause 97: (1) The definitions ``authorization to export'', ``authorization to transport'' and ``carrier'' in subsection 2(1) read as follows:
	``authorization to export'' means an authorization referred to in section 44;
	``authorization to transport'' means an authorization described in section 18 or 19;
	``carrier'' means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition or prohibited ammunition;
	(2) New.
	(3) New.
	Clause 98: The relevant portion of subsection 5(2) reads as follows:
	(2) In determining whether a person is eligible to hold a licence under subsection (1), a chief firearms officer or, on a reference under section 74, a provincial court judge shall have regard to whether the person, within the previous five years,
	(a) has been convicted or discharged under section 730 of the Criminal Code of
	. . .
	(iv) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act;
	Clause 99: The relevant portion of subsection 7(2) reads as follows:
	(2) An individual is eligible to hold a licence authorizing the individual to possess restricted firearms only if the individual
	Clause 100: Subsections 9(3.1) and (3.2) are new. Subsection 9(3) reads as follows:
	(3) A business other than a carrier is eligible to hold a licence only if every employee of the business who, in the course of duties of employment, handles or would handle firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition is the holder of a licence authorizing the holder to acquire restricted firearms.
	Clause 101: Section 10 reads as follows:
	10. Sections 5, 6 and 9 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.
	Clause 102: Subsection 12(6.1) is new. Subsections 12(6) and (7) read as follows:
	(6) A particular individual is eligible to hold a licence authorizing the particular individual to possess handguns that have a barrel equal to or less than 105 mm in length or that are designed or adapted to discharge a 25 or 32 calibre cartridge and for which on February 14, 1995 a registration certificate under the former Act had been issued to or applied for by that or another individual if the particular individual
	(a) on February 14, 1995
	(i) held a registration certificate under the former Act for one or more of those handguns, or
	(ii) had applied for a registration certificate that was subsequently issued under the former Act for one or more of those handguns;
	(b) on the commencement day held a registration certificate under the former Act for one or more of those handguns; and
	(c) beginning on the commencement day was continuously the holder of a registration certificate for one or more of those handguns.
	(7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6) that was manufactured before 1946 if the particular individual is the spouse or a brother, sister, child or grandchild of an individual who was eligible under this or that subsection to hold a licence authorizing the individual to possess the particular handgun.
	Clause 103: Sections 17 and 18 read as follows:
	17. Subject to sections 18 to 20, a prohibited firearm or restricted firearm the holder of the registration certificate for which is an individual may be possessed only at the dwelling-house of the individual, as indicated on the registration certificate, or at a place authorized by a chief firearms officer.
	18. An individual who holds a licence authorizing the individual to possess prohibited firearms may be authorized to transport a particular prohibited firearm between two or more specified places
	(a) in the case of a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29; or
	(b) if the individual
	(i) changes residence,
	(ii) wishes to transport the firearm to a peace officer, firearms officer or chief firearms officer for registration or disposal in accordance with this Act or Part III of the Criminal Code,
	(iii) wishes to transport the firearm for repair, storage, sale, exportation or appraisal, or
	(iv) wishes to transport the firearm to a gun show.
	Clause 104: (1) and (2) Paragraph 19(1)(a.1) is new. The relevant portion of subsection 19(1) reads as follows:
	19. (1) An individual who holds a licence authorizing the individual to possess restricted firearms may be authorized to transport a particular restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing,
	(3) Subsection 19(2) reads as follows:
	(2) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with section 35.
	Clause 105: Section 23 reads as follows:
	23. A person may transfer a firearm if, at the time of the transfer,
	(a) the transferee produces to the person a document that purports to be a licence authorizing the transferee to acquire and possess that kind of firearm;
	(b) the person
	(i) has no reason to believe that the transferee is not authorized by the document to acquire and possess that kind of firearm, and
	(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer;
	(c) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm;
	(d) a new registration certificate for the firearm is issued in accordance with this Act; and
	(e) the prescribed conditions are complied with.
	Clause 106: The relevant portion of subsection 24(2) reads as follows:
	(2) A person may transfer a prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business only if
	. . .
	(b) the business produces to the person a document that purports to be a licence authorizing the business to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be;
	(c) the person
	(i) has no reason to believe that the business is not authorized by the document to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be, and
	(ii) informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; and
	Clause 107: Section 26 reads as follows:
	26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province or to a police force if the person informs the Registrar of the transfer and complies with the prescribed conditions.
	(2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions.
	Clause 108: (1) and (2) The relevant portion of section 27 reads as follows:
	27. On being informed of a proposed transfer of a firearm under section 23, of a proposed transfer of a firearm, prohibited weapon, prohibited device, ammunition or prohibited ammunition to a business under section 24 or of a proposed importation of a firearm that is not a prohibited firearm by an individual under paragraph 40(1)(c), a chief firearms officer shall
	. . .
	(b) in the case of
	(i) a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns), or
	(ii) a proposed importation of a restricted firearm,
	verify the purpose for which the transferee or individual wishes to acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose;
	(c) decide whether to approve the transfer or importation and inform the Registrar of that decision; and
	Clause 109: The relevant portion of section 28 reads as follows:
	28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) or the importation by an individual of a restricted firearm under paragraph 40(1)(c) only if the chief firearms officer is satisfied
	Clause 110: Subsection 29(7) reads as follows:
	(7) A provincial minister need not disclose any information the disclosure of which could, in the opinion of the provincial minister, endanger the safety of any person.
	Clause 111: Subsection 31(2) reads as follows:
	(2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province or to a police force, the Registrar shall revoke any registration certificate for the firearm.
	Clause 112: The relevant portion of section 32 reads as follows:
	32. A person may transfer a firearm by mail only if
	. . .
	(b) the firearm is delivered by a person designated by a chief firearms officer and the person ensures that the transferee holds a licence authorizing the transferee to acquire that kind of firearm; and
	Clause 113: The relevant portion of section 34 reads as follows:
	34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province or to a police force if
	Clause 114: (1) and (2) Paragraphs 35(1)(c) and (d) are new. Subsections 35(1) to (3) read as follows:
	35. (1) A non-resident who does not hold a licence may import a firearm that is not a prohibited firearm if, at the time of the importation,
	(a) the non-resident
	(i) is eighteen years old or older,
	(ii) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
	(iii) in the case of a restricted firearm, produces an authorization to transport the restricted firearm; and
	(b) a customs officer confirms in the prescribed manner the declaration referred to in subparagraph (a)(ii) and the authorization to transport referred to in subparagraph (a)(iii).
	(2) Where a firearm is declared at a customs office to a customs officer but the requirements of subparagraphs (1)(a)(ii) and (iii) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time to comply with those requirements.
	(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
	Clause 115: New.
	Clause 116: Subsections 36(1.1) and (1.2) are new. Subsections 36(1) and (2) read as follows:
	36. (1) A declaration that is confirmed under paragraph 35(1)(b) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess only that firearm and as a registration certificate for the firearm until the expiration of sixty days after the importation or, in the case of a restricted firearm, until the earlier of
	(a) the expiration of those sixty days, and
	(b) the expiration of the authorization to transport.
	(2) A chief firearms officer may renew the confirmation of a declaration for one or more periods of sixty days.
	Clause 117: Sections 37 and 38 read as follows:
	37. (1) A non-resident who does not hold a licence may export a firearm that is not a prohibited firearm and that was imported by the non-resident in accordance with section 35 if, at the time of the exportation,
	(a) the non-resident
	(i) declares the firearm to a customs officer, and
	(ii) produces to a customs officer in the prescribed manner the declaration and, where applicable, the authorization to transport that were confirmed in accordance with that section; and
	(b) a customs officer confirms the declaration referred to in subparagraph (a)(i) in the prescribed manner.
	(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm and, with the approval of a chief firearms officer, give the non-resident a reasonable time to comply with those requirements.
	(3) Where those requirements are not complied with within a reasonable time, the firearm shall be disposed of in the prescribed manner.
	38. (1) An individual who holds a licence may export a firearm if, at the time of the exportation,
	(a) the individual
	(i) declares the firearm to a customs officer in the prescribed manner and, in the case of a declaration in writing, completes the prescribed form containing the prescribed information, and
	(ii) produces his or her licence and the registration certificate for the firearm and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the firearm; and
	(b) a customs officer confirms the documents referred to in subparagraphs (a)(i) and (ii) in the prescribed manner.
	(2) Where a firearm is declared to a customs officer but the requirements of subparagraph (1)(a)(ii) are not complied with, the customs officer may detain the firearm.
	(3) A firearm that is detained under subsection (2) may be disposed of in the prescribed manner.
	Clause 118: Subsections 40(1) to (3) read as follows:
	40. (1) An individual who holds a licence may import a firearm if, at the time of the importation,
	(a) the individual declares the firearm to a customs officer in the prescribed manner;
	(b) in the case of a firearm that was exported in accordance with section 38, the individual produces the declaration confirmed in accordance with that section and, in the case of a prohibited firearm or restricted firearm, an authorization to transport the prohibited firearm or restricted firearm;
	(c) in the case of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued,
	(i) the individual completes the prescribed form containing the prescribed information, if the declaration referred to in paragraph (a) is in writing,
	(ii) the individual holds a licence authorizing him or her to acquire and possess that kind of firearm,
	(iii) a customs officer informs a chief firearms officer of the importation and the chief firearms officer approves the importation in accordance with section 27, and
	(iv) in the case of a restricted firearm, the individual produces an authorization to transport the restricted firearm; and
	(d) a customs officer confirms the documents referred to in paragraph (b) or (c) in the prescribed manner.
	(2) Where a firearm is declared at a customs office to a customs officer but the requirements of paragraph (1)(b) or (c) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time to comply with those requirements.
	(3) Where those requirements are not complied with within a reasonable time and the firearm is not exported, the firearm shall be disposed of in the prescribed manner.
	Clause 119: Sections 40.1 and 40.2 are new. Section 41 reads as follows:
	41. A declaration that is confirmed in accordance with paragraph 40(1)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective.
	Clause 120: New.
	Clause 121: Subsection 47(4) reads as follows:
	(4) Goods that are not exported under subsection (3) within ten days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner.
	Clause 122: New.
	Clause 123: Sections 50 and 51 read as follows:
	50. A customs officer shall inform the Registrar without delay of the exportation or importation of goods described in section 43 by a business.
	51. The Registrar shall inform the member of the Queen's Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act of every application by a business for an authorization to export or authorization to import.
	Clause 124: Subsection 54(1) reads as follows:
	54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form containing the prescribed information and accompanied by payment of the prescribed fees.
	Clause 125: New.
	Clause 126: Subsections 61(1) and (2) read as follows:
	61. (1) A licence or registration certificate must be in the prescribed form and include the prescribed information and any conditions attached to it.
	(2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be in the prescribed form and include the prescribed information, including any conditions attached to it.
	Clause 127: Subsections 63(1) and (2) read as follows:
	63. (1) Subject to subsection (2), licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada.
	(2) A licence that is issued to carrier, other than a carrier described in section 73, is not valid outside the province in which it is issued.
	Clause 128: (1) New.
	(2) Subsections 64(5) to (7) are new. Subsections 64(3) and (4) read as follows:
	(3) A licence that is issued to a business other than a museum expires on the earlier of
	(a) one year after the day on which it is issued, and
	(b) the expiration of the period for which it is expressed to be issued.
	(4) A licence that is issued to a museum expires on the earlier of
	(a) three years after the day on which it is issued, and
	(b) the expiration of the period for which it is expressed to be issued.
	Clause 129: Subsection 65(3) reads as follows:
	(3) An authorization to transport a restricted firearm or a handgun referred to in subsection 12(6) (pre-February 14, 1995 handguns) for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29 expires
	(a) in the case of an authorization to transport that takes the form of a condition attached to a licence, on the earlier of
	(i) the expiration of the period for which the condition is expressed to be attached, which period may not be less than one year or more than three years, and
	(ii) the expiration of the licence; and
	(b) in the case of an authorization to transport that does not take the form of a condition attached to a licence, on the expiration of the period for which the authorization is expressed to be issued, which period may not be less than one year or more than three years.
	Clause 130: Subsections 67(1) and (2) read as follows:
	67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the same manner and in the same circumstances in which a licence, authorization to carry or authorization to transport may be issued.
	(2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6) (pre-February 14, 1995 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for
	(a) the purpose described in section 28 for which the individual acquired the restricted firearms or handguns; or
	(b) in the case of any of those firearms or handguns that were possessed by the individual on the commencement day, the purpose described in that section that was specified by the individual in the licence application.
	Clause 131: The relevant portion of subsection 70(1) reads as follows:
	70. (1) A chief firearms officer who issues a licence, authorization to carry or authorization to transport may revoke it for any good and sufficient reason including, without limiting the generality of the foregoing,
	Clause 132: The relevant portion of subsection 71(1) reads as follows:
	71. (1) The Registrar
	. . .
	(b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for
	(i) the purpose for which the individual acquired it, or
	(ii) in the case of a firearm possessed by the individual on the commencement day, the purpose specified by the individual in the licence application.
	Clause 133: Subsection 72(1.1) is new. Subsection 72(1) reads as follows:
	72. (1) Where a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.
	Clause 134: Section 73 and the heading before it read as follows:
	International and Interprovincial Carriers
	73. Sections 54 to 72 apply in respect of a carrier whose business includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition from one province to any other province, or beyond the limits of a province, as if each reference in those sections to a chief firearms officer were a reference to the Registrar.
	Clause 135: The relevant portion of subsection 74(1) reads as follows:
	74. (1) Subject to subsection (2), where
	. . .
	(b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for
	(i) the purpose for which the individual acquired the firearm, or
	(ii) in the case of a firearm possessed by an individual on the commencement day, the purpose specified by the individual in the licence application, or
	Clause 136: New.
	Clause 137: Section 82.1 is new. Section 82 reads as follows:
	82. The Commissioner of the Royal Canadian Mounted Police shall, after consulting with the federal Minister and the Solicitor General of Canada, appoint an individual as the Registrar of Firearms.
	Clause 138: Sections 93 and 94 read as follows:
	93. (1) The Registrar shall, as soon as possible after the end of each calendar year and at such other times as the Solicitor General of Canada may, in writing, request, submit to the Solicitor General a report, in such form and including such information as the Solicitor General may direct, with regard to the administration of this Act.
	(2) The Solicitor General of Canada shall have each report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Solicitor General receives it.
	94. A chief firearms officer shall submit the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Registrar to compile the reports referred to in section 93.
	Clause 139: Section 97 reads as follows:
	97. (1) Subject to subsection (2), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.
	(2) Subsection (1) does not apply where it is not desirable, in the interests of the safety of any person, that the employees of the business be so exempted.
	(3) A provincial minister may attach to an exemption any reasonable condition that the provincial minister considers desirable in the particular circumstances and in the interests of the safety of any person.
	Clause 140: Section 99 reads as follows:
	99. (1) Subject to subsections (2) and (3), a firearms officer who is designated in writing by a chief firearms officer may perform such duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code as are specified in the designation.
	(2) A licence that is issued to a business authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition must be issued by a chief firearms officer personally.
	(3) An authorization to carry must be issued by a chief firearms officer personally.
	Clause 141: Subsection 104(1) reads as follows:
	104. (1) An inspector may not enter a dwelling-house under section 102 except
	(a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and
	(b) with the consent of the occupant or under a warrant.
	Clause 142: (1) to (3) Paragraphs 117 (a.1) and (k.1) to (k.3) are new. The relevant portion of section 117 reads as follows:
	117. The Governor in Council may make regulations
	. . .
	(k) for authorizing
	(i) the possession at any place,
	(ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration, or
	(iii) the importation or exportation
	of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into automatic firearms;
	. . .
	(o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (l), (m) or (n);
	Clause 143: Section 169 and the heading before it read as follows:
	Customs Tariff
	169. Code 9965 of Schedule VII to the Customs Tariff is replaced by the following:
	9965 1. For the purposes of this Code:
	(a) ``firearm'' and ``weapon'' have the meanings assigned by section 2 of the Criminal Code;
	(b) ``automatic firearm'', ``licence'', ``prohibited ammunition'', ``prohibited device'', ``prohibited firearm'', ``prohibited weapon'', ``restricted firearm'' and ``restricted weapon'' have the meanings assigned by subsection 84(1) of the Criminal Code;
	(c) ``public officer'' has the meaning assigned by subsection 117.07(2) of the Criminal Code;
	(d) ``business'', ``carrier'' and ``non-resident'' have the meanings assigned by subsection 2(1) of the Firearms Act; and
	(e) ``visiting force'' has the meaning assigned by section 2 of the Visiting Forces Act.
	2. Firearms, prohibited weapons, restricted weapons, prohibited devices, prohibited ammunition and components or parts designed exclusively for use in the manufacture of or assembly into automatic firearms, in this code referred to as ``prohibited goods'', but does not include the following:
	(a) prohibited goods imported by
	(i) a public officer in the course of the public officer's duties or employment, or
	(ii) an individual on behalf of and under the authority of a police force, the Canadian Forces, a visiting force or a department of the Government of Canada or of a province,
	(b) prohibited goods imported through a prescribed port by a business that meets the requirements set out in sections 43, 46 and 47 of the Firearms Act;
	(c) prohibited goods, or any class of prohibited goods, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code;
	(d) any weapon that, pursuant to subsection 84(3) of the Criminal Code, is deemed not to be a firearm;
	(e) any firearm, other than a prohibited firearm, imported by
	(i) a non-resident who meets the requirements of section 35 of the Firearms Act, or
	(ii) an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (c) of that Act and, where the firearm was exported in accordance with section 38, paragraph 40(1)(b) of that Act;
	(f) any prohibited firearm imported by an individual who holds a licence and who meets the requirements of paragraphs 40(1)(a) and (b) and subsection 40(4) of the Firearms Act;
	(g) arms, ammunition, implements or munitions of war, army, naval or air stores and any articles deemed capable of being converted into any such things or made useful in the production of any such things, imported with a permit issued pursuant to section 8 of the Export and Import Permits Act;
	(h) arms, military stores, munitions of war and other goods eligible for entry under tariff item No. 9810.00.00 or 9811.00.00; and
	(i) arms, military stores, munitions of war, or classes thereof, that, pursuant to regulations made by the Governor in Council, are exempted from the provisions of this code.
	National Capital Act
	Clause 145: Subsection 20(2) reads as follows:
	(2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed a fine of five hundred dollars or imprisonment for a term of six months or both.
	National Defence Act
	Clause 146: New.
	Young Offenders Act
	Clause 147: Subsection 19(5.1) reads as follows:
	(5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.
	Clause 148: (1) The relevant portion of subsection 19.1(4) reads as follows:
	(4) If a young person is charged with having committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the youth court, before proceeding with the trial, shall ask the young person to elect
	(a) to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth court, or
	. . .
	and if a young person elects under paragraph (a) or (b), the young person shall be dealt with as provided in this Act.
	(2) Subsection 19.1(6) reads as follows:
	(6) If a young person elects or is deemed to have elected under paragraph (4)(b), a preliminary inquiry shall be held in the youth court and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury.