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Bill C-36

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2002, c. 1

Youth Criminal Justice Act

43. (1) Paragraphs 1(i) and (j) of the schedule to the Youth Criminal Justice Act are repealed.

(2) Section 1 of the schedule to the Act is amended by adding the following after paragraph (t):

(t.1) section 279.011 (trafficking — person under 18 years);

(t.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years);

(t.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);

(t.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);

(t.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);

(t.6) subsection 286.3(2) (procuring — person under 18 years);

(3) The schedule to the Act is amended by adding the following after section 1:

1.1 An offence under one of the following provisions of the Criminal Code, as they read from time to time before the day on which this section comes into force:

(a) subsection 212(2) (living on the avails of prostitution of person under 18 years); and

(b) subsection 212(4) (prostitution of person under 18 years).

2004, c. 21

International Transfer of Offenders Act

2010, c. 17, s. 62

44. Section 36.1 of the International Transfer of Offenders Act is replaced by the following:

Obligation

36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.

2010, c. 17, s. 62

45. (1) Subsection 36.2(3) of the Act is replaced by the following:

Duration — if more than one offence

(3) The obligation applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

2010, c. 17, s. 62

(2) Paragraph 36.2(6)(a) of the Act is replaced by the following:

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the defini- tion “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

COORDINATING AMENDMENTS

Bill C-13

46. (1) Subsections (2) to (7) apply if Bill C-13, introduced in the 2nd session of the 41st Parliament and entitled the Protecting Canadians from Online Crime Act (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 4(1) of the other Act and subsection 6(1) of this Act are in force, subsection 164(1) of the Criminal Code is replaced by the following:

Warrant of seizure

164. (1) A judge may issue a warrant authorizing seizure of copies of a recording, a publication, a representation or any written material, if the judge is satisfied by information on oath that there are reasonable grounds to believe that

(a) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is a voyeuristic recording;

(b) the recording, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is an intimate image;

(c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene or a crime comic, as defined in section 163;

(d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child pornography as defined in section 163.1; or

(e) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is an advertisement of sexual services.

(3) On the first day on which both subsection 4(2) of the other Act and subsection 6(2) of this Act are in force, subsections 164(3) to (5) of the Criminal Code are replaced by the following:

Owner and maker may appear

(3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

Order of forfeiture

(4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

Disposal of matter

(5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, a crime comic, child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

(4) On the first day on which both subsection 4(3) of the other Act and subsection 6(3) of this Act are in force, subsection 164(7) of the Criminal Code is replaced by the following:

Consent

(7) If an order is made under this section by a judge in a province with respect to one or more copies of a publication, a representation, written material or a recording, no proceedings shall be instituted or continued in that province under section 162, 162.1, 163, 163.1 or 286.4 with respect to those or other copies of the same publication, representation, written material or recording without the consent of the Attorney General.

(5) On the first day on which both subsection 5(1) of the other Act and subsection 7(1) of this Act are in force, the portion of subsection 164.1(1) of the Criminal Code before paragraph (a) is replaced by the following:

Warrant of seizure

164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

(6) On the first day on which both subsection 5(2) of the other Act and subsection 7(2) of this Act are in force, subsection 164.1(5) of the Criminal Code is replaced by the following:

Order

(5) If the court is satisfied, on a balance of probabilities, that the material is child pornography as defined in section 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.

(7) On the first day on which both subsection 5(3) of the other Act and subsection 7(3) of this Act are in force, subsection 164.1(7) of the Criminal Code is replaced by the following:

Return of material

(7) If the court is not satisfied that the material is child pornography as defined in 163.1, a voyeuristic recording, an intimate image or an advertisement of sexual services as defined in subsection 164(8) or computer data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording, the intimate image or the advertisement of sexual services available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

Bill C-26

47. (1) Subsections (2) and (3) apply if Bill C-26, introduced in the 2nd session of the 41st Parliament and entitled the Tougher Penalties for Child Predators Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 13 of this Act comes into force before section 13 of the other Act, then section 13 of the other Act is repealed.

(3) If section 13 of this Act comes into force on the same day as section 13 of the other Act, then section 13 of the other Act is deemed to have come into force before section 13 of this Act.

Bill C-32

48. (1) Subsections (2) to (11) apply if Bill C-32, introduced in the 2nd session of the 41st Parliament and entitled the Victims Bill of Rights Act (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 5(1) of the other Act comes into force before subsection 17(1) of this Act, then that subsection 17(1) is repealed.

(3) If subsection 17(1) of this Act comes into force before subsection 5(1) of the other Act, then that subsection 5(1) is repealed.

(4) If subsection 5(1) of the other Act comes into force on the same day as subsection 17(1) of this Act, then that subsection 5(1) is deemed to have come into force before that subsection 17(1) and subsection (2) applies as a consequence.

(5) On the first day on which both subsection 5(2) of the other Act and subsection 17(3) of this Act are in force, then the portion of subsection 278.2(1) of the Criminal Code after paragraph (a) is replaced by the following:

(b) any offence under this Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.

(6) On the first day on which both subsection 18(2) of the other Act and subsection 22(2) of this Act are in force, then the portion of paragraph 486.4(1)(a) of the Criminal Code after subparagraph (i) is replaced by the following:

(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

(7) If subsection 18(3) of the other Act comes into force before subsection 22(3) of this Act, then that subsection 22(3) is repealed.

(8) If subsection 22(3) of this Act comes into force before subsection 18(3) of the other Act, then that subsection 18(3) is repealed.

(9) If subsection 18(3) of the other Act comes into force on the same day as subsection 22(3) of this Act, then that subsection 18(3) is deemed to have come into force before that subsection 22(3) and subsection (7) applies as a consequence.

(10) If subsection 52(1) of the other Act comes into force before section 34 of this Act, then that section 34 is repealed.

(11) If subsection 52(1) of the other Act comes into force on the same day as section 34 of this Act, then that section 34 is deemed to have come into force before that subsection 52(1).

COMING INTO FORCE

Thirty days after royal assent

49. The provisions of this Act, other than sections 46 to 48, come into force 30 days after the day on which this Act receives royal assent.

Published under authority of the Speaker of the House of Commons

Explanatory Notes

International Transfer of Offenders Act

Clause 44: Existing text of section 36.1:

36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.

Clause 45: (1) Existing text of subsection 36.2(3):

(3) The obligation applies for life if the person was convicted of or found not criminally responsible on account of mental disorder for more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

(2) Relevant portion of subsection 36.2(6):

(6) The obligation applies for life if

(a) the person was, before or after the coming into force of this paragraph, previously convicted of or found not criminally responsible on account of mental disorder for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;