Bill C-455
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1st Session, 39th Parliament,
55-56 Elizabeth II, 2006-2007
house of commons of canada
BILL C-455
An Act to amend the Criminal Code (duty to provide assistance)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 215:
Duty of persons to assist
215.1 (1) Every one is under a legal duty to assist another person whom he knows or ought to know is in imminent and overwhelming danger, unless that person is incapable of doing so without serious risk to himself or another.
Offence
(2) Every one commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse, the proof of which lies on him, to perform that duty, if
(a) the person to whom the duty is owed is in imminent and overwhelming danger; and
(b) performing the duty is likely to remove, reduce or mitigate the danger.
Punishment
(3) Every one who commits an offence under subsection (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
No criminal or civil liability
(4) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not incur any criminal or civil liability arising from anything necessarily done with reasonable care.
Published under authority of the Speaker of the House of Commons
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Public Works and Government Services Canada