Bill C-2

CONSEQUENTIAL AMENDMENTS

Aeronautics Act

55. Section 8.6 of the Aeronautics Act is replaced by the following:

8.6 Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Part, and the provisions of section 258 of the Criminal Code, except paragraph 258(1)(a), apply to those proceedings with any modifications that the circumstances require.

Corrections and Conditional Release Act

56. The definition “long-term supervision” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“long-term supervision” means long-term supervision ordered under subsection 753(4), 753.01(5) or (6) or 753.1(3) or subparagraph 759(3)(a)(i) of the Criminal Code;

57. Paragraph 1(r) of Schedule I to the Act is replaced by the following:

(r) section 244 (discharging firearm with intent);

Criminal Records Act

58. (1) Paragraphs 1(b) to (d) of the schedule to the Criminal Records Act are replaced by the following:

(b) section 151 (sexual interference with a person under 16);

(c) section 152 (invitation to a person under 16 to sexual touching);

(d) section 153 (sexual exploitation of a person 16 or more but under 18);

(2) Paragraph 1(h) of the schedule to the Act is replaced by the following:

(h) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality);

(3) Paragraphs 1(x) and (y) of the schedule to the Act are replaced by the following:

(x) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences);

(y) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence);

Customs Act

59. Subsection 163.5(2) of the Customs Act is replaced by the following:

(2) A designated officer who is at a customs office performing the normal duties of an officer or is acting in accordance with section 99.1 has the powers and obligations of a peace officer under sections 254 and 256 of the Criminal Code. If, by demand, they require a person to provide samples of blood or breath under subsection 254(3) of that Act, or to submit to an evaluation under subsection 254(3.1) of that Act, they may also require the person to accompany a peace officer referred to in paragraph (c) of the definition “peace officer” in section 2 of that Act, for that purpose.

Railway Safety Act

60. Subsection 41(7) of the Railway Safety Act is replaced by the following:

(7) Evidence relating to the presence or concentration of alcohol or a drug in a sample of a bodily substance obtained under any provision of the Criminal Code is admissible in proceedings taken against a person under this Act in respect of a contravention of a rule or regulation respecting the use of alcohol or a drug, and section 258 of the Criminal Code applies to those proceedings with any modifications that the circumstances require.

COORDINATING AMENDMENTS

61. On the first day on which both sections 9 and 40 of this Act are in force, paragraph (b) of the definition “designated offence” in section 752 of the Criminal Code is amended by adding the following after subparagraph (iv):

(iv.1) section 98 (breaking and entering to steal firearm),

(iv.2) section 98.1 (robbery to steal firearm),

62. (1) If section 52 of this Act comes into force before section 54 of this Act, then paragraph 54(j) of this Act is replaced by the following:

(j) subsections 810.1(1) and (3.01) and paragraphs 810.1(3.02)(a) and (b).

(2) If section 54 of this Act comes into force before section 52 of this Act, then

(a) subsection 810.1(3.01) of the Criminal Code, as enacted by section 52 of this Act, is replaced by the following:

(3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

(b) paragraphs 810.1(3.02)(a) and (b) of the Criminal Code, as enacted by section 52 of this Act, are replaced by the following:

(a) prohibit the defendant from engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;

(b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;

(3) If section 52 of this Act comes into force on the same day as section 54 of this Act, then that section 52 is deemed to have come into force before that section 54 and subsection (1) applies as a consequence.

63. (1) In this section, “other Act” means An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, chapter 25 of the Statutes of Canada, 2005.

(2) If subsection 1(5) of the other Act comes into force before section 35 of this Act, then that section 35 is replaced by the following:

35. Subparagraph (a)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(v) section 244 (discharging firearm with intent),

(3) If section 35 of this Act comes into force before subsection 1(5) of the other Act, then subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 1(5), is replaced by the following:

(v) section 244 (discharging firearm with intent),

(4) If subsection 1(5) of the other Act comes into force on the same day as section 35 of this Act, then that subsection 1(5) is deemed to have come into force before that section 35 and subsection (2) applies as a consequence.

COMING INTO FORCE

64. The provisions of this Act, other than sections 61 to 63, come into force on a day or days to be fixed by order of the Governor in Council.