Bill C-7
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TABLE OF PROVISIONS |
AN ACT IN RESPECT OF CRIMINAL JUSTICE FOR YOUNG PERSONS AND TO AMEND AND REPEAL OTHER ACTS |
| Preamble
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SHORT TITLE |
| 1. Short title
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INTERPRETATION |
| 2. Definitions
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DECLARATION OF PRINCIPLE |
| 3. Policy for Canada with respect to young persons
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PART 1 |
EXTRAJUDICIAL MEASURES |
Principles and Objectives |
| 4. Declaration of principles
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| 5. Objectives
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Warnings, Cautions and Referrals |
| 6. Warnings, cautions and referrals
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| 7. Police cautions
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| 8. Crown cautions
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| 9. Evidence of measures is inadmissible
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Extrajudicial Sanctions |
| 10. Extrajudicial sanctions
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| 11. Notice to parent
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| 12. Victim's right to information
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PART 2 |
ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM |
Youth Justice Court |
| 13. Designation of youth justice court
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| 14. Exclusive jurisdiction of youth justice court
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| 15. Contempt against youth justice court
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| 16. Status of offender uncertain
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| 17. Youth justice court may make rules
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Youth Justice Committees |
| 18. Youth justice committees
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Conferences |
| 19. Conferences may be convened
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Justices of the Peace |
| 20. Certain proceedings may be taken before justices
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Clerks of the Court |
| 21. Powers of clerks
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Provincial Directors |
| 22. Powers, duties and functions of provincial directors
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PART 3 |
JUDICIAL MEASURES |
Consent to Prosecute |
| 23. Pre-charge screening
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| 24. Private prosecutions
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Right to Counsel |
| 25. Right to counsel
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Notices to Parents |
| 26. Notice in case of arrest or detention
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| 27. Order requiring attendance of parent
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Detention before Sentencing |
| 28. Application of Part XVI of Criminal Code
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| 29. Detention as social measure prohibited
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| 30. Designated place of temporary detention
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| 31. Placement of young person in care of responsible person
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Appearance |
| 32. Appearance before judge or justice
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Release from or Detention in Custody |
| 33. Application for release from or detention in custody
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Medical and Psychological Reports |
| 34. Medical or psychological assessment
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Referral to Child Welfare Agency |
| 35. Referral to child welfare agency
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Adjudication |
| 36. When young person pleads guilty
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Appeals |
| 37. Appeals
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PART 4 |
SENTENCING |
Purpose and Principles |
| 38. Purpose
|
| 39. Committal to custody
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Pre-sentence Report |
| 40. Pre-sentence report
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Youth Sentences |
| 41. Recommendation of conference
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| 42. Considerations as to youth sentence
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| 43. Additional youth sentences
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| 44. Custodial portion if additional youth sentence
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| 45. Supervision when additional youth sentence extends the
period in custody
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| 46. Exception when youth sentence in respect of earlier offence
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| 47. Committal to custody deemed continuous
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| 48. Reasons for the sentence
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| 49. Warrant of committal
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| 50. Application of Part XXIII of Criminal Code
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| 51. Mandatory prohibition order
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| 52. Review of order made under section 51
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| 53. Funding for victims
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| 54. Where a fine or other payment is ordered
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| 55. Conditions that must appear in orders
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| 56. Communication of order
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| 57. Transfer of youth sentence
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| 58. Interprovincial arrangements
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| 59. Review of youth sentences not involving custody
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| 60. Provisions applicable to youth sentences on review
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Adult Sentence and Election |
| 61. Age for purpose of presumptive offences
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| 62. Imposition of adult sentence
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| 63. Application by young person
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| 64. Application by Attorney General
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| 65. Presumption does not apply
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| 66. No election if youth sentence
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| 67. Election - adult sentence
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| 68. Proof of notice under subsection 64(4)
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| 69. Paragraph (a) ``presumptive offence'' - included offences
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| 70. Inquiry by court to young person
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| 71. Hearing - adult sentences
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| 72. Test - adult sentences
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| 73. Court must impose adult sentence
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| 74. Application of Parts XXIII and XXIV of Criminal Code
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| 75. Inquiry by the court to the young person
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| 76. Placement when subject to adult sentence
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| 77. Obligation to inform - parole
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| 78. Release entitlement
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| 79. If person convicted under another Act
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| 80. If person who is serving a sentence under another Act is
sentenced to an adult sentence
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| 81. Procedure for application or notice
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Effect of Termination of Youth Sentence |
| 82. Effect of absolute discharge or termination of youth
sentence
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PART 5 |
CUSTODY AND SUPERVISION |
| 83. Purpose
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| 84. Young person to be held apart from adults
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| 85. Levels of custody
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| 86. Procedural safeguards
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| 87. Review
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| 88. Functions to be exercised by youth justice court
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| 89. Exception if young person is twenty years old or older
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| 90. Youth worker
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| 91. Reintegration leave
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| 92. Transfer to adult facility
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| 93. When young person reaches twenty years of age
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| 94. Annual review
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| 95. Orders are youth sentences
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| 96. Recommendation of provincial director for conditional
supervision of young person
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| 97. Conditions to be included in custody and supervision order
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| 98. Application for continuation of custody
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| 99. Report
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| 100. Reasons
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| 101. Review of youth justice court decision
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| 102. Breach of conditions
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| 103. Review by youth justice court
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| 104. Continuation of custody
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| 105. Conditional supervision
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| 106. Suspension of conditional supervision
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| 107. Apprehension
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| 108. Review by provincial director
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| 109. Review by youth justice court
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PART 6 |
PUBLICATION, RECORDS AND INFORMATION |
Protection of Privacy of Young Persons |
| 110. Identity of offender not to be published
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| 111. Identity of victim or witness not to be published
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| 112. Non-application
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Fingerprints and Photographs |
| 113. Identification of Criminals Act applies
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Records That May Be Kept |
| 114. Youth justice court, review board and other courts
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| 115. Police records
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| 116. Government records
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Access to Records |
| 117. Exception - adult sentence
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| 118. No access unless authorized
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| 119. Persons having access to records
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| 120. Access to R.C.M.P. records
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| 121. Deemed election
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| 122. Disclosure of information and copies of record
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| 123. Where records may be made available
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| 124. Access to record by young person
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Disclosure of Information in a Record |
| 125. Disclosure by peace officer during investigation
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| 126. Records in the custody, etc., of archivists
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| 127. Disclosure with court order
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Disposition or Destruction of Records and Prohibition on Use and Disclosure |
| 128. Effect of end of access periods
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| 129. No subsequent disclosure
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PART 7 |
GENERAL PROVISIONS |
Disqualification of Judge |
| 130. Disqualification of judge
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Substitution of Judge |
| 131. Powers of substitute youth justice court judge
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Exclusion from Hearing |
| 132. Exclusion from hearing
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Transfer of Charges |
| 133. Transfer of charges
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Forfeiture of Recognizances |
| 134. Applications for forfeiture of recognizances
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| 135. Proceedings in case of default
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Offences and Punishment |
| 136. Inducing a young person, etc.
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| 137. Failure to comply with sentence or disposition
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| 138. Offences
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| 139. Offence and punishment
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Application of Criminal Code |
| 140. Application of Criminal Code
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| 141. Sections of Criminal Code applicable
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| 142. Part XXVII and summary conviction trial provisions of
Criminal Code to apply
|
Procedure |
| 143. Counts charged in information
|
| 144. Issue of subpoena
|
| 145. Warrant
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Evidence |
| 146. General law on admissibility of statements to apply
|
| 147. Statements not admissible against young person
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| 148. Testimony of a parent
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| 149. Admissions
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| 150. Material evidence
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| 151. Evidence of a child or young person
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| 152. Proof of service
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| 153. Seal not required
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Forms, Regulations and Rules of Court |
| 154. Forms
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| 155. Regulations
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Agreements with Provinces |
| 156. Agreements with provinces
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Programs |
| 157. Community-based programs
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PART 8 |
TRANSITIONAL PROVISIONS |
| 158. Prohibition on proceedings
|
| 159. Proceedings commenced under Young Offenders Act
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| 160. Offences committed before this section in force
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| 161. Applicable sentence
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| 162. Proceedings commence with information
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| 163. Application to delinquency and other offending behaviour
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| 164. Agreements continue in force
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| 165. Designation of youth justice court
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PART 9 |
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
Consequential Amendments |
| 166. Canada Evidence Act
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| 167-170. Contraventions Act
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| 171-174. Corrections and Conditional Release Act
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| 175-186. Criminal Code
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| 187-189. DNA Identification Act
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| 190-194. Extradition Act
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| 195. Mutual Legal Assistance in Criminal Matters Act
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| 196-197. Prisons and Reformatories Act
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| 198. Transfer of Offenders Act
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Repeal |
| 199. Repeal of R.S., c. Y-1
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Coming into Force |
| 200. Coming into force
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| SCHEDULE
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