Bill C-54

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C-54

Third Session, Fortieth Parliament,

59 Elizabeth II, 2010

HOUSE OF COMMONS OF CANADA

BILL C-54

An Act to amend the Criminal Code (sexual offences against children)

first reading, November 4, 2010

MINISTER OF JUSTICE

90581

SUMMARY

This enactment amends the Criminal Code

(a) to increase or impose mandatory minimum penalties for certain sexual offences with respect to children;

(b) to create offences of making sexually explicit material available to a child and of agreeing or arranging to commit a sexual offence against a child;

(d) to expand the list of specified conditions that may be added to prohibition and recognizance orders to include prohibitions concerning contact with a person under the age of 16 and use of the Internet or other digital network, and to expand the list of enumerated offences that may give rise to such orders and prohibitions.

Also available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-54

An Act to amend the Criminal Code (sexual offences against children)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Protecting Children from Sexual Predators Act.

R.S., c. C-46

CRIMINAL CODE

2001, c. 27, s. 244

2. Subsection 7(4.1) of the Criminal Code is amended by replacing “171” with “171, 171.1, 172.1, 172.2”.

2005, c. 32, s. 3

3. Paragraphs 151(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 3

4. Paragraphs 152(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 4(2)

5. Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

6. Subsection 155(2) of the Act is replaced by the following:

Punishment

(2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

R.S., c. 19 (3rd Supp.), s. 3; 2008, c. 6, par. 54(d)

7. Subsection 160(3) of the Act is replaced by the following:

Bestiality in presence of or by child

(3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

2002, c. 13, s. 4(2); 2008, c. 6, par. 54(e)

8. (1) Subsection 161(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

(d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

2005, c. 32, s. 5(2)

(2) Paragraph 161(1.1)(a) of the Act is amended by replacing

(a) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

(b) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and

2005, c. 32, s. 7(4)

9. (1) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2005, c. 32, s. 7(5)

(2) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:

(a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2008, c. 18, s. 4

10. The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following:

Forfeiture after conviction

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

2005, c. 32, s. 9.1; 2008, c. 6, par. 54(f)

11. Paragraph 170(b) of the Act is replaced by the following:

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person procured is 16 years of age or more but under the age of 18 years.

2005, c. 32, s. 9.1; 2008, c. 6, par. 54(g)

12. Paragraph 171(b) of the Act is replaced by the following:

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of 90 days if the person is 16 years of age or more but under the age of 18 years.

13. The Act is amended by adding the following after section 171:

Making sexually explicit material available to child

171.1 (1) Every person commits an offence who transmits, makes available, distributes or sells sexually explicit material to

(a) a person who is, or who the accused believes is, under the age of 18 years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to that person;

(b) a person who is, or who the accused believes is, under the age of 16 years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to that person; or

(c) a person who is, or who the accused believes is, under the age of 14 years, for the purpose of facilitating the commission of an offence under section 281 with respect to that person.

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

Presumption

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of 18, 16 or 14 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

No defence

(4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least 18, 16 or 14 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person.

Definition of “sexually explicit material”

(5) In subsection (1), “sexually explicit material” means material that is not child pornography, as defined in subsection 163.1(1), and that is

(a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means,

(i) that shows a person who is engaged in or is depicted as engaged in explicit sexual activity, or

(ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a person’s genital organs or anal region or, if the person is female, her breasts;

(b) written material whose dominant characteristic is the description, for a sexual purpose, of explicit sexual activity with a person; or

(c) an audio recording whose dominant characteristic is the description, presentation or representation, for a sexual purpose, of explicit sexual activity with a person.

2002, c. 13, s. 8; 2008, c. 6, s. 14

14. (1) The portion of subsection 172.1(1) of the Act before paragraph (c) is replaced by the following:

Luring a child

172.1 (1) Every person commits an offence who, by a means of telecommunication, communicates with

2007, c. 20, s. 1

(2) Paragraphs (a) and (b) of subsection 172.1(2) of the Act are replaced by the following:

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

2002, c. 13, s. 8

(3) Subsection 172.1(3) of the French version of the Act is replaced by the following:

Présomption

(3) La preuve que la personne visée aux alinéas (1)a), b) ou c) a été présentée à l’accusé comme ayant moins de dix-huit, seize ou quatorze ans, selon le cas, constitue, sauf preuve contraire, la preuve que l’accusé la croyait telle.

R.S., c. 19 (3rd Supp.), s. 7; 2008, c. 6, par. 54(h)

15. Section 173 of the Act is replaced by the following:

Agreement or arrangement — sexual offence against child

172.2 (1) Every person commits an offence who, by a means of telecommunication, agrees with a person, or makes an arrangement with a person, to commit an offence

(a) under subsection 153(1), section 155, 163.1, 170 or 171 or subsection 212(1), (2), (2.1) or (4) with respect to another person who is, or who the accused believes is, under the age of 18 years;

(b) under section 151 or 152, subsection 160(3) or 173(2) or section 271, 272, 273 or 280 with respect to another person who is, or who the accused believes is, under the age of 16 years; or

Punishment

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Presumption

No defence

(5) It is not a defence to a charge under paragraph (1)(a), (b) or (c)

(a) that the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer; or

(b) that, if the person with whom the accused agreed or made an arrangement was a peace officer or a person acting under the direction of a peace officer, the person referred to in paragraph (1)(a), (b) or (c) did not exist.

Indecent acts

173. (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.

Exposure

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.

16. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xxix):

(xxix.1) section 170 (parent or guardian procuring sexual activity),

(xxix.2) section 171 (householder permitting sexual activity),

(xxix.3) section 171.1 (making sexually explicit material available to child),

(xxix.4) section 172.1 (luring a child),

(xxix.5) section 172.2 (agreement or arrangement — sexual offence against child),

R.S., c. 19 (3rd Supp.), s. 10; 1994, c. 44, s. 19

17. Section 271 of the Act is replaced by the following:

Sexual assault

271. Everyone who commits a sexual assault

(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 10 years and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of one year; or

(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding 18 months and, if the complainant is under the age of 16 years, to a minimum punishment of imprisonment for a term of 90 days.

18. Subsection 272(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

(a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and

19. Subsection 273(2) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after that paragraph:

(a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and

2010, c. 3, s. 4

20. Subsection 486(3) of the Act is amended by replacing “171, 172, 172.1” with “170, 171, 171.1, 172, 172.1, 172.2”.

2010, c. 3, s. 5

21. Subparagraph 486.4(1)(a)(i) of the Act is amended by replacing

(a) “171, 172, 172.1” with “171, 171.1, 172, 172.1, 172.2”; and

(b) “279.03” with “279.03, 280, 281”.

22. (1) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (iv.5):

(iv.6) section 172.2 (agreement or arrangement — sexual offence against child),

(2) Paragraph (c) of the definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (ii):

(ii.1) section 171.1 (making sexually explicit material available to child),

2004, c. 10, s. 20

23. Subparagraph (a)(x) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(ix.1) section 171.1 (making sexually explicit material available to child),

(x) section 172.1 (luring a child),

(x.1) section 172.2 (agreement or arrangement — sexual offence against child),

2008, c. 6, s. 40

24. Subparagraph (b)(x) of the definition “designated offence” in section 752 of the Act is replaced by the following:

(ix.1) section 172.2 (agreement or arrangement — sexual offence against child),

(x) subsection 212(1) (procuring),

(x.1) subsection 212(2) (living on avails of prostitution of person under eighteen),

2002, c. 13, s. 76

25. Paragraph 753.1(2)(a) of the Act is replaced by the following:

(a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), 163.1(3) (distribution, etc., of child pornography), 163.1(4) (possession of child pornography) or 163.1(4.1) (accessing child pornography), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure), 212(2) (living on the avails of prostitution of person under eighteen), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years) or 212(4) (offence — prostitution of person under eighteen), 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

2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j)

26. (1) Subsection 810.1(1) of the Act is amended by replacing

(a) “151, 152, 155” with “151 or 152, subsection 153(1), section 155”;

(b) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

(d) “272 or 273” with “272, 273, 280 or 281”.

2008, c. 6, par. 62(2)(b)

(2) Paragraph 810.1(3.02)(a) of the Act is replaced by the following:

(a) prohibit the defendant from having any contact — including communicating by any means — with a person under the age of 16 years, unless the defendant does so under the supervision of a person whom the judge considers appropriate;

(a.1) prohibit the defendant from using the Internet or other digital network, unless the defendant does so in accordance with conditions set by the judge;

2007, c. 22, s. 23

27. Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

[ ] (iii) an offence under any of sections 145 to 148, subsection 160(3), sections 170, 171.1, 173, 252, 264, 264.1, 266 and 270, paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

COORDINATING AMENDMENTS

Bill S-2

28. (1) Subsections (2) to (9) apply if Bill S-2, introduced in the 3rd session of the 40th Parliament and entitled the Protecting Victims From Sex Offenders Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 15 of this Act comes into force before section 2 of the other Act, then that section 2 is repealed.

(3) If section 2 of the other Act comes into force on the same day as section 15 of this Act, then that section 2 is deemed to have come into force before that section 15.

(4) If subsection 3(1) of the other Act comes into force before subsection 22(1) of this Act, then that subsection 22(1) is replaced by the following:

22. (1) Subparagraph (a)(i.91) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(i.91) section 172.1 (luring a child),

(i.911) section 172.2 (agreement or arrangement — sexual offence against child),

(5) If subsection 22(1) of this Act comes into force before subsection 3(1) of the other Act, then, on the day on which that subsection 3(1) comes into force, subparagraph (a)(i.91) of the definition “primary designated offence” in section 487.04 of the Criminal Code is replaced by the following:

(i.91) section 172.1 (luring a child),

(i.911) section 172.2 (agreement or arrangement — sexual offence against child),

(6) If subsection 3(1) of the other Act comes into force on the same day as subsection 22(1) of this Act, then that subsection 3(1) is deemed to have come into force before that subsection 22(1) and subsection (4) applies as a consequence.

(7) If subsection 3(1) of the other Act comes into force before subsection 22(2) of this Act, then that subsection 22(2) is replaced by the following:

(2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.9):

(i.901) section 171.1 (making sexually explicit material available to child),

(8) If subsection 22(2) of this Act comes into force before subsection 3(1) of the other Act, then, on the day on which that subsection 3(1) comes into force, paragraph (a) of the definition “primary designated offence” in section 487.04 of the Criminal Code is amended by adding the following after subparagraph (i.9):

(i.901) section 171.1 (making sexually explicit material available to child),

(9) If subsection 3(1) of the other Act comes into force on the same day as subsection 22(2) of this Act, then that subsection 3(1) is deemed to have come into force before that subsection 22(2) and subsection (7) applies as a consequence.

Bill C-16

29. If Bill C-16, introduced in the 3rd session of the 40th Parliament and entitled the Ending House Arrest for Property and Other Serious Crimes by Serious and Violent Offenders Act, receives royal assent, then, on the first day on which both section 2 of that Act and subsection 14(2) of this Act are in force, subparagraph 742.1(f)(ii) of the Criminal Code is repealed.

COMING INTO FORCE

Order in council

30. The provisions of this Act, other than sections 28 and 29, 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

Available from:
Publishing and Depository Services
Public Works and Government Services Canada

Explanatory Notes

Criminal Code

Clause 2: Existing text of subsection 7(4.1):

(4.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits 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), section 163.1, 170, 171 or 173 or subsection 212(4) shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Clause 3: Existing text of section 151:

151. Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

Clause 4: Existing text of section 152:

152. Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

Clause 5: Existing text of subsection 153(1.1):

(1.1) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of forty-five days; or

Clause 6: Existing text of subsection 155(2):

(2) Every one who commits incest is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Clause 7: Existing text of subsection 160(3):

(3) Notwithstanding subsection (1), every person who, in the presence of a person under the age of 16 years, commits bestiality or who incites a person under the age of 16 years to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

Clause 8: Relevant portion of subsection 161(1):

161. (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 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

...

(c) using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of 16 years.

(2) Relevant portion of subsection 161(1.1):

(1.1) The offences for the purpose of subsection (1) are

(a) an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272, 273 or 281;

Clause 9: (1) Existing text of subsection 163.1(4):

(4) Every person who possesses any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

(2) Existing text of subsection 163.1(4.1):

(4.1) Every person who accesses any child pornography is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding five years and to a minimum punishment of imprisonment for a term of forty-five days; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months and to a minimum punishment of imprisonment for a term of fourteen days.

Clause 10: Relevant portion of subsection 164.2(1):

164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1 or 172.1, in addition to any other punishment that it may impose, may order that any thing — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

Clause 11: Relevant portion of section 170:

170. Every parent or guardian of a person under the age of eighteen years who procures the person for the purpose of engaging in any sexual activity prohibited by this Act with a person other than the parent or guardian is guilty of an indictable offence and liable

...

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person procured is 16 years of age or more but under the age of eighteen years.

Clause 12: Relevant portion of section 171:

171. Every owner, occupier or manager of premises, or any other person who has control of premises or assists in the management or control of premises, who knowingly permits a person under the age of eighteen years to resort to or to be in or on the premises for the purpose of engaging in any sexual activity prohibited by this Act is guilty of an indictable offence and liable

...

(b) to imprisonment for a term not exceeding two years and to a minimum punishment of imprisonment for a term of forty-five days if the person is 16 years of age or more but under the age of eighteen years.

Clause 13: New.

Clause 14: (1) Relevant portion of subsection 172.1(1):

172.1 (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with

(a) a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person;

(2) Existing text of subsection 172.1(2):

(2) Every person who commits an offence under subsection (1) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

(3) Existing text of subsection 172.1(3):

(3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age.

Clause 15: Existing text of section 173:

173. (1) Every one who wilfully does an indecent act

(a) in a public place in the presence of one or more persons, or

(b) in any place, with intent thereby to insult or offend any person,

is guilty of an offence punishable on summary conviction.

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years is guilty of an offence punishable on summary conviction.

Clause 16: 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 17: Existing text of section 271:

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Clause 18: Relevant portion of subsection 272(2):

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable

Clause 19: Relevant portion of subsection 273(2):

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

Clause 20: Existing text of subsection 486(3):

(3) If an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 171, 172, 172.1, 173, 212, 271, 272, 273, 279.01, 279.02 or 279.03 and the prosecutor or the accused applies for an order under subsection (1), the judge or justice shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

Clause 21: Relevant portion of subsection 486.4(1):

486.4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the complainant or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

(a) any of the following offences:

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 172, 172.1, 173, 210, 211, 212, 213, 271, 272, 273, 279.01, 279.02, 279.03, 346 or 347,

Clause 22: (1) Relevant portion of the definition:

“primary designated offence” means

...

(a.1) an offence under any of the following provisions, namely,

(2) Relevant portion of the definition:

“secondary designated offence” means

...

Clause 23: Relevant portion of the definition:

“designated offence” means

(a) an offence under any of the following provisions:

...

(x) section 172.1 (luring a child by means of a computer system),

Clause 24: Relevant portion of the definition:

“designated offence” means

...

(b) an offence under any of the following provisions:

...

(x) paragraph 212(1)(i) (stupefying or overpowering for purpose of sexual intercourse),

Clause 25: Relevant portion of subsection 753.1(2):

(2) The court shall be satisfied that there is a substantial risk that the offender will reoffend if

Clause 26: (1) Existing text of subsection 810.1(1):

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 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of 16 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) Relevant portion of subsection 810.1(3.02):

(3.02) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that

(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;

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COORDINATING AMENDMENTS

COMING INTO FORCE