Bill C-26
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C-26
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
HOUSE OF COMMONS OF CANADA
BILL C-26
An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)
first reading, April 21, 2009
MINISTER OF JUSTICE
90457
SUMMARY
This enactment amends the Criminal Code to create offences in connection with the theft of a motor vehicle, the alteration, removal or obliteration of a vehicle identification number, the trafficking of property or proceeds obtained by crime and the possession of such property or proceeds for the purposes of trafficking, and to provide for an in rem prohibition of the importation or exportation of such property or proceeds.
Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-26
An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
CRIMINAL CODE
1. (1) Paragraph (a) of the definition “offence” in section 183 of the Criminal Code is amended by adding the following after subparagraph (liv):
(liv.1) section 333.1 (motor vehicle theft),
(2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxii):
(lxii.1) section 353.1 (tampering with vehicle identification number),
(3) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (lxiii):
(lxiii.1) section 355.2 (trafficking in property obtained by crime),
(lxiii.2) section 355.4 (possession of property obtained by crime — trafficking),
2. The Act is amended by adding the following after section 333:
Motor vehicle theft
333.1 (1) Everyone who commits theft is, if the property stolen is a motor vehicle, guilty of an offence and liable
(a) on proceedings by way of indictment, to imprisonment for a term of not more than 10 years, and to a minimum punishment of imprisonment for a term of six months in the case of a third or subsequent offence; or
(b) on summary conviction, to imprisonment for a term of not more than 18 months.
Subsequent offences
(2) For the purpose of determining whether a convicted person has committed a third or subsequent offence, an offence for which the person was previously convicted is considered to be an earlier offence if it was prosecuted by way of indictment.
3. The Act is amended by adding the following after section 353:
Tampering with vehicle identification number
353.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially alters, removes or obliterates a vehicle identification number on a motor vehicle.
Definition of “vehicle identification number”
(2) For the purpose of this section, “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles.
Exception
(3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including a modification of the vehicle.
Punishment
(4) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
4. The heading before section 354 of the Act is replaced by the following:
Possession and Trafficking
5. The Act is amended by adding the following after section 355:
Definition of “traffic”
355.1 For the purposes of sections 355.2 and 355.4, “traffic” means to sell, give, transfer, transport, export from Canada, import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts.
Trafficking in property obtained by crime
355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
In rem prohibition
355.3 The importation into Canada or exportation from Canada of any property or thing or any proceeds of any property or thing is prohibited if all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Possession of property obtained by crime — trafficking
355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property, thing or proceeds was obtained by or derived directly or indirectly from
(a) the commission in Canada of an offence punishable by indictment; or
(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment.
Punishment
355.5 Everyone who commits an offence under section 355.2 or 355.4
(a) is, if the value of the subject matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or
(b) is, if the value of the subject matter of the offence is not more than $5,000,
(i) guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or
(ii) guilty of an offence punishable on summary conviction.
2005, c. 44, s. 1(2)
6. Subparagraph 462.3(3)(b)(i) of the Act is replaced by the following:
(i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament, other than this Act, or a regulation made under such an Act, and
2001, c. 32, s. 17(3)
7. Subsection 462.34(7) of the Act is replaced by the following:
Saving provision
(7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
2001, c. 32, s. 26(1)
8. The portion of paragraph 462.48(1.1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) an offence against section 354, 355.2, 355.4 or 462.31 if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
1992, c. 1, s. 58(1) (Sch. I, item 10)
9. Subsection 491.2(1) of the Act is replaced by the following:
Photographic evidence
491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 355.2, 355.4, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.
10. The portion of subsection 593(1) of the Act before paragraph (a) is replaced by the following:
Trial of persons jointly
593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or 355.4 or paragraph 356(1)(b), even though
COMING INTO FORCE
Order in council
11. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Criminal Code
Clause 1: (1) to (3) Relevant portion of the definition:
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a) any of the following provisions of this Act, namely,
Clause 2: New.
Clause 3: New.
Clause 4: Existing text of the heading:
Having in Possession
Clause 5: New.
Clause 6: Relevant portion of subsection 462.3(3):
(3) Despite the definition “Attorney General” in section 2, the Attorney General of Canada may
...
(b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of
(i) an offence referred to in section 354 or 462.31 if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and
Clause 7: Existing text of subsection 462.34(7):
(7) Section 354 of this Act does not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).
Clause 8: Relevant portion of subsection 462.48(1.1):
(1.1) The Attorney General may make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3), for the purposes of an investigation in relation to
...
(b) an offence against section 354 or 462.31 where the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of
Clause 9: Existing text of subsection 491.2(1):
491.2 (1) Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354, 362 or 380 is returned or ordered to be returned, forfeited or otherwise dealt with under section 489.1 or 490 or is otherwise returned, a peace officer or any person under the direction of a peace officer may take and retain a photograph of the property.
Clause 10: Relevant portion of subsection 593(1):
593. (1) Any number of persons may be charged in the same indictment with an offence under section 354 or paragraph 356(1)(b), notwithstanding that