Bill C-36

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-36

An Act to amend the Criminal Code in response to the Supreme Court of Canada decision in Attorney General of Canada v. Bedford and to make consequential amendments to other Acts

Whereas the Parliament of Canada has grave concerns about the exploitation that is inherent in prostitution and the risks of violence posed to those who engage in it;

Whereas the Parliament of Canada recognizes the social harm caused by the objectification of the human body and the commodification of sexual activity;

Whereas it is important to protect human dignity and the equality of all Canadians by discouraging prostitution, which has a disproportionate impact on women and children;

Whereas it is important to denounce and prohibit the purchase of sexual services because it creates a demand for prostitution;

Whereas it is important to continue to denounce and prohibit the procurement of persons for the purpose of prostitution and the development of economic interests in the exploitation of the prostitution of others as well as the commercialization and institutionalization of prostitution;

Whereas the Parliament of Canada wishes to encourage those who engage in prostitution to report incidents of violence and to leave prostitution;

And whereas the Parliament of Canada is committed to protecting communities from the harms associated with prostitution;

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

SHORT TITLE

1. This Act may be cited as the Protection of Communities and Exploited Persons Act.

CRIMINAL CODE

2. The portion of the definition “weapon” in section 2 of the Criminal Code after paragraph (b) is replaced by the following:

and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will;

3. Subsection 7(4.1) of the Act is amended by replacing the reference to “212(4)” with a reference to “286.1(2)”.

4. Subsection 150.1(5) of the Act is amended by replacing the reference to “212(2) or (4)” with a reference to “286.1(2), 286.2(2) or 286.3(2)”.

5. (1) Paragraph 161(1.1)(a) of the Act is amended

(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and

(b) by replacing the reference to “273, 280 or 281” with a reference to “273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2)”.

(2) Subsection 161(1.1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force.

6. (1) Subsection 164(1) of the Act is replaced by the following:

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 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;

(c) 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

(d) 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.

(2) Subsections 164(3) to (5) of the Act are replaced by the following:

(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 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.

(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 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.

(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 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.

(3) Subsection 164(7) of the Act is replaced by the following:

(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, 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.

(4) Subsection 164(8) of the Act is amended by adding the following in alphabetical order:

“advertisement of sexual services” means any material — including a photographic, film, vid- eo, audio or other recording, made by any means, a visual representation or any written material — that is used to advertise sexual services contrary to section 286.4.

7. (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

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 or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, a voyeuristic recording 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

(2) Subsection 164.1(5) of the Act is replaced by the following:

(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 or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording or the advertisement of sexual services available, it may order the custodian of the computer system to delete the material.

(3) Subsection 164.1(7) of the Act is replaced by the following:

(7) If the court is not satisfied that the material is child pornography as defined in section 163.1, a voyeuristic recording or an advertisement of sexual services as defined in subsection 164(8) or data as defined in subsection 342.1(2) that makes child pornography, the voyeuristic recording 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).

8. Paragraph 171.1(1)(a) of the Act is replaced by the following:

(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 with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

9. Paragraph 172.1(1)(a) of the Act is replaced by the following:

(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 with respect to that person under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2);

10. Paragraph 172.2(1)(a) of the Act is replaced by the following:

(a) under subsection 153(1), section 155, 163.1, 170, 171 or 279.011 or subsection 279.02(2), 279.03(2), 286.1(2), 286.2(2) or 286.3(2) with respect to another person who is, or who the accused believes is, under the age of 18 years;

11. (1) Subparagraphs (a)(xxxv) to (xxxviii) of the definition “offence” in section 183 of the Act are repealed.

(2) The definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (a)(lii):

(lii.1) 286.1 (obtaining sexual services for consideration),

(lii.2) 286.2 (material benefit from sexual services),

(lii.3) 286.3 (procuring),

(lii.4) 286.4 (advertising sexual services),

12. (1) The definition “prostitute” in subsection 197(1) of the Act is repealed.

(2) The definition “common bawdy-house” in subsection 197(1) of the Act is replaced by the following:

“common bawdy-house” means, for the practice of acts of indecency, a place that is kept or occupied or resorted to by one or more persons;

13. Section 212 of the Act and the heading before it are repealed.

14. The heading before section 213 of the Act is replaced by the following:

Offences in Relation to Offering, Providing or Obtaining Sexual Services for Consideration

15. (1) The portion of subsection 213(1) of the Act before paragraph (a) is replaced by the following:

213. (1) Everyone is guilty of an offence punishable on summary conviction who, in a public place or in any place open to public view, for the purpose of offering, providing or obtaining sexual services for consideration,

(2) Subsection 213(1) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing the portion after paragraph (b).

(3) Section 213 of the Act is amended by adding the following after subsection (1):

(1.1) Everyone is guilty of an offence punishable on summary conviction who communicates with any person — for the purpose of offering or providing sexual services for consideration — in a public place, or in any place open to public view, that is or is next to a school ground, playground or daycare centre.

16. Section 274 of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “272 or 273” with a reference to “272, 273, 286.1, 286.2 or 286.3”.

17. (1) The portion of subsection 278.2(1) of the English version of the Act before paragraph (a) is replaced by the following:

278.2 (1) Except in accordance with sections 278.3 to 278.91, no record relating to a complainant or a witness shall be produced to an accused in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:

(2) Paragraph 278.2(1)(a) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “272 or 273” with a reference to “272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3”.

(3) Subsection 278.2(1) of the Act is amended by adding “or” at the end of paragraph (a) and by replacing the portion after paragraph (a) with 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.

18. Paragraphs 279.01(1)(a) and (b) of the Act are replaced by the following:

(a) to imprisonment for life and to a minimum punishment of imprisonment for a term of five years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or

(b) to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of four years in any other case.

19. Sections 279.02 and 279.03 of the Act are replaced by the following:

279.02 (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.01(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

279.03 (1) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.01(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

(2) Everyone who, for the purpose of committing or facilitating an offence under subsection 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person’s identity or immigration status — whether or not the document is of Canadian origin or is authentic — is guilty of an indictable offence and 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.

20. The Act is amended by adding the following after section 286:

Commodification of Sexual Activity

286.1 (1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of,

(i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present,

(A) for a first offence, a fine of $2,000, and

(B) for each subsequent offence, a fine of $4,000, or

(ii) in any other case,

(A) for a first offence, a fine of $1,000, and

(B) for each subsequent offence, a fine of $2,000; or

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

(i) in the case referred to in subparagraph (a)(i),

(A) for a first offence, a fine of $1,000, and

(B) for each subsequent offence, a fine of $2,000, or

(ii) in any other case,

(A) for a first offence, a fine of $500, and

(B) for each subsequent offence, a fine of $1,000.

(2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of

(a) for a first offence, six months; and

(b) for each subsequent offence, one year.

(3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

(a) an offence under that subsection; or

(b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force.

(4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings.

(5) For the purposes of this section, “place” and “public place” have the same meaning as in subsection 197(1).

286.2 (1) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

(2) Everyone who receives a financial or other material benefit, knowing that it is obtained by or derived directly or indirectly from the commission of an offence under subsection 286.1(2), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of two years.

(3) For the purposes of subsections (1) and (2), evidence that a person lives with or is habitually in the company of a person who offers or provides sexual services for consideration is, in the absence of evidence to the contrary, proof that the person received a financial or other material benefit from those services.

(4) Subject to subsection (5), subsections (1) and (2) do not apply to a person who receives the benefit

(a) in the context of a legitimate living arrangement with the person from whose sexual services the benefit is derived;

(b) as a result of a legal or moral obligation of the person from whose sexual services the benefit is derived;

(c) in consideration for a service or good that they offer, on the same terms and conditions, to the general public; or

(d) in consideration for a service or good that they do not offer to the general public but that they offered or provided to the person from whose sexual services the benefit is derived, if they did not counsel or encourage that person to provide sexual services and the benefit is proportionate to the value of the service or good.

(5) Subsection (4) does not apply to a person who commits an offence under subsection (1) or (2) if that person

(a) used, threatened to use or attempted to use violence, intimidation or coercion in relation to the person from whose sexual services the benefit is derived;

(b) abused a position of trust, power or authority in relation to the person from whose sexual services the benefit is derived;

(c) provided a drug, alcohol or any other intoxicating substance to the person from whose sexual services the benefit is derived for the purpose of aiding or abetting that person to offer or provide sexual services for consideration;

(d) engaged in conduct, in relation to any person, that would constitute an offence under section 286.3; or

(e) received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

(6) If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating factor the fact that that person received the benefit in the context of a commercial enterprise that offers sexual services for consideration.

286.3 (1) Everyone who procures a person to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(1), recruits, holds, conceals or harbours a person who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

(2) Everyone who procures a person under the age of 18 years to offer or provide sexual services for consideration or, for the purpose of facilitating an offence under subsection 286.1(2), recruits, holds, conceals or harbours a person under the age of 18 who offers or provides sexual services for consideration, or exercises control, direction or influence over the movements of that person, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years.

286.4 Everyone who knowingly advertises an offer to provide sexual services for consideration is guilty of

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

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

286.5 (1) No person shall be prosecuted for

(a) an offence under section 286.2 if the benefit is derived from the provision of their own sexual services; or

(b) an offence under section 286.4 in relation to the advertisement of their own sexual services.

(2) No person shall be prosecuted for aiding, abetting, conspiring or attempting to commit an offence under any of sections 286.1 to 286.4 or being an accessory after the fact or counselling a person to be a party to such an offence, if the offence relates to the offering or provision of their own sexual services.

21. Subsection 486(3) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “279.02 or 279.03” with a reference to “279.02, 279.03, 286.1, 286.2 or 286.3”.

22. (1) Subparagraph 486.4(1)(a)(i) of the Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “281” with a reference to “281, 286.1, 286.2, 286.3”.

(2) Paragraph 486.4(1)(a) of the Act is amended by adding “or” at the end of subparagraph (i) and by replacing subparagraphs (ii) and (iii) with 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 would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

(3) Paragraph 486.4(1)(b) of the Act is replaced by the following:

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).

23. (1) Subparagraphs (a)(i.93) to (i.96) of the definition “primary designated offence” in section 487.04 of the Act are repealed.

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

(xiv.1) section 279.011 (trafficking — person under 18 years),

(xiv.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

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

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

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

(xiv.6) subsection 286.3(2) (procuring — person under 18 years),

(3) Subparagraphs (a.1)(iv) and (v) of the definition “primary designated offence” in section 487.04 of the Act are repealed.

(4) Subparagraph (a.1)(vii.11) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(vii.11) subsection 279.02(1) (material benefit — trafficking),

(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

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

(viii.1) subsection 286.2(1) (material benefit from sexual services),

(viii.2) subsection 286.3(1) (procuring),

(6) The definition “primary designated offence” of section 487.04 of the Act is amended by adding the following after paragraph (c.01):

(c.02) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

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

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years),

(c.03) an offence under any of paragraphs 212(1)(a) to (h) (procuring) of this Act, as they read from time to time before the day on which this paragraph comes into force,

(7) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.03);

(8) The definition “secondary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (c)(viii):

(viii.1) subsection 286.1(1) (obtaining sexual services for consideration),

24. Subsections 487.051(1) and (2) of the Act are replaced by the following:

487.051 (1) The court shall make an order in Form 5.03 authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged.

(2) The court shall make such an order in Form 5.03 in relation to a person who is convicted, discharged under section 730 or found guilty under the Youth Criminal Justice Act or the Young Offenders Act, of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of any of paragraphs (a.1) to (c.01) and (c.03) to (d) of the definition “primary designated offence” in section 487.04 when the person is sentenced or discharged. However, the court is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

25. (1) Subparagraphs (a)(xii) to (xv) of the definition “designated offence” in subsection 490.011(1) of the Act are repealed.

(2) The definition “designated offence” in subsection 490.011(1) of the Act is amended by striking out “and” at the end of subparagraph (a)(xix) and by adding the following after subparagraph (a)(xx):

(xxi) section 279.011 (trafficking — person under 18 years),

(xxii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(xxiii) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

(xxvi) subsection 286.3(2) (procuring — person under 18 years);

(3) Subparagraph (b)(vii.11) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(vii.11) subsection 279.02(1) (material benefit — trafficking),

(vii.12) subsection 279.03(1) (withholding or destroying documents — trafficking),

(4) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (b)(ix):

(ix.1) subsection 286.1(1) (obtaining sexual services for consideration),

(ix.2) subsection 286.2(1) (material benefit from sexual services),

(ix.3) subsection 286.3(1) (procuring),

(5) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (d):

(d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

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

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years);

(6) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or

26. (1) Subsections 490.012(1) and (2) of the Act are replaced by the following:

490.012 (1) When a court imposes a sentence on a person for 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) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.

(2) Paragraph 490.012(3)(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) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

27. Subsection 490.013(2.1) of the Act is replaced by the following:

(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1).

28. Paragraph 490.02904(3)(d) of the Act is replaced by the following:

(d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

29. (1) Subparagraphs (b)(x) to (xii) of the definition “designated offence” in section 752 of the Act are repealed.

(2) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xx.1):

(xx.2) section 279.02 (material benefit — trafficking),

(xx.3) section 279.03 (withholding or destroying documents — trafficking),

(3) The definition “designated offence” in section 752 of the Act is amended by adding the following after subparagraph (b)(xxiii):

(xxiii.1) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xxiii.2) section 286.2 (material benefit from sexual services),

(xxiii.3) section 286.3 (procuring),

(4) The definition “designated offence” in section 752 of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

(i) subsection 212(1) (procuring),

(ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iv) subsection 212(4) (prostitution of person under 18 years); or

(5) Paragraph (d) of the definition “designated offence” in section 752 of the Act is replaced by the following:

(d) an attempt or conspiracy to commit an offence referred to in paragraph (b), (c) or (c.1);

30. 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) or section 271 (sexual assault), 272 (sexual assault with a weapon) 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual serv­ices provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

31. Subsection 810.1(1) of the Act is amended

(a) by replacing the reference to “173(2) or 212(1), (2), (2.1) or (4) or” with a reference to “173(2),”; and

(b) by replacing the reference to “273, 280 or 281” with a reference to “273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2)”.

32. 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 173(1), sections 252, 264, 264.1, 266 and 270, subsection 286.1(1), paragraph 348(1)(e) and sections 349 and 423 of the Criminal Code,

33. The paragraph before section 1 of Form 53 in Part XXVIII of the Act is replaced by the following:

Because, on .......... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, .......... (insert description of offence(s)), one or more offences 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 or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act, under .......... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

CONSEQUENTIAL AMENDMENTS

Canada Evidence Act

34. Subsection 4(2) of the Canada Evidence Act is amended

(a) by striking out the reference to “212,”; and

(b) by replacing the reference to “273, 280 to 283” with a reference to “273, 279.01 to 279.03, 280 to 283, 286.1 to 286.3”.

Criminal Records Act

35. (1) Subparagraphs 1(a)(xi) to (xiii) of Schedule 1 to the Criminal Records Act are repealed.

(2) Paragraph 1(a) of Schedule 1 to the Act is amended by adding the following after subparagraph (xvi):

(xvi.1) section 279.011 (trafficking — person under 18 years),

(xvi.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

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

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

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

(xvi.6) subsection 286.3(2) (procuring — person under 18 years),

(3) Schedule 1 to the Act is amended by adding the following after paragraph 1(b):

(b.1) under the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force:

(i) subsection 212(2) (living on the avails of prostitution of person under 18 years),

(ii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

(iii) subsection 212(4) (prostitution of person under 18 years);

National Defence Act

36. The definition “primary designated offence” in section 196.11 of the National Defence Act is replaced by the following:

“primary designated offence” means

(a) an offence within the meaning of paragraphs (a) and (c.02) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130;

(a.1) an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130; and

(b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

37. Paragraph (a) of the definition “designated offence” in section 227 of the Act is replaced by the following:

(a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

38. Paragraph 227.01(3)(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 responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or 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;

39. Paragraph 227.09(3)(d) of the Act is replaced by the following:

(d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or 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 and if more than one of those offences is listed in the notice.

40. Subsection 227.12(3) of the Act is replaced by the following:

(3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or 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.

Corrections and Conditional Release Act

41. (1) Subparagraphs (a)(viii) and (ix) of the definition “sexual offence involving a child” in subsection 129(9) of the Corrections and Conditional Release Act are replaced by the following:

(viii) section 279.011 (trafficking — person under 18 years),

(ix) subsection 279.02(2) (material benefit — trafficking of person under 18 years),

(x) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),

(xi) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

(xii) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

(xiii) subsection 286.3(2) (procuring — person under 18 years),

(2) The definition “sexual offence involv­ing a child” in subsection 129(9) of the Act is amended by adding the following after paragraph (b):

(b.1) an offence under any of the following provisions of the Criminal Code, as they read from time to time before the day on which this paragraph comes into force, that was prosecuted by way of indictment:

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

(ii) subsection 212(4) (prostitution of person under 18 years),

42. (1) Paragraphs 1(n) to (o) of Schedule I to the Act are repealed.

(2) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.2):

(z.201) section 279.011 (trafficking — person under 18 years);

(z.202) subsection 279.02(2) (material benefit — trafficking of person under 18 years);

(z.203) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years);

(3) Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.21):

(z.22) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years);

(z.23) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years);

(z.24) subsection 286.3(2) (procuring — person under 18 years);

(4) Schedule I to the Act is amended by adding the following after section 5.1:

5.2 An offence under any 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, that was prosecuted by way of indictment:

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

(b) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years); and

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

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).

International Transfer of Offenders Act

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

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.

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

(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.

(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;

REVIEW AND REPORT

45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

COORDINATING AMENDMENTS

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:

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:

(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.

(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.

(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:

(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:

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:

(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:

(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).

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.

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 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

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.