ENGLISH
• SUMMARY
SUMMARY
• Criminal Code
Criminal Code
• Consequential Amendments
Consequential Amendments
• Corrections and Conditional Release Act
Corrections and Conditional Release Act
• Youth Criminal Justice Act
Youth Criminal Justice Act
• Coordinating Amendments
Coordinating Amendments
• EXPLANATORY NOTES
EXPLANATORY NOTES

SUMMARY

R.‍S.‍, c. C-46

Criminal Code

2001, c. 27, s. 244; 2012, c. 1, s. 10; 2014, c. 25, s. 3

1 Subsection 7(4.‍1) of the Criminal Code is replaced by the following:

R.‍S.‍, c. 19 (3rd Supp.‍), s. 1; 2014, c. 25, s. 4

2 Subsection 150.‍1(5) of the Act is replaced by the following:

3 The Act is amended by adding the following after section 155:

R.‍S.‍, c. 19 (3rd Supp.‍), s. 3

4 Section 159 of the Act is repealed.

2005, c. 32, s. 5(2); 2012, c. 1, s. 16(2); 2014, c. 25, s. 5(1)

5 Paragraph 161(1.‍1)‍(a) of the Act is replaced by the following:

R.‍S.‍, c. 19 (3rd Supp.‍), s. 8

6 Subsection 179(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by repealing paragraph (b).

7 Section 181 of the Act is repealed.

8 Paragraph 229(c) of the Act is replaced by the following:

R.‍S.‍, c. 27 (1^st Supp.‍), s. 40(2) (Sch. I, item 2); 1991, c. 4, s. 1

9 Section 230 of the Act is repealed.

2008, c. 6, s. 24(3)‍(F)

10 (1) The portion of paragraph 258(1)‍(c) of the Act before subparagraph (ii) is replaced by the following:

2008, c. 6, s. 24(4)‍(E)

(2) The portion of paragraph 258(1)‍(c) of the English version of the Act after subparagraph (iv) is repealed.

2008, c. 6, s. 24(5)

(3) The portion of paragraph 258(1)‍(d) of the Act before subparagraph (i) is replaced by the following:

2008, c. 6, s. 24(5)‍(E)

(4) The portion of paragraph 258(1)‍(d) of the English version of the Act after subparagraph (v) is repealed.

1993, c. 45, s. 3

11 Paragraph 273.‍3(1)‍(c) of the Act is replaced by the following:

2002, c. 13, s. 12; 2014, c. 25, s. 16

12 Sections 274 and 275 of the Act are replaced by the following:

2002, c. 13, s. 13

13 The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following:

2002, c. 13, s. 14

14 Section 277 of the Act is replaced by the following:

1998, c. 9, s. 3; 2014, c. 25, s. 17(2)

15 Paragraph 278.‍2(1)‍(a) of the Act is replaced by the following:

2002, c. 7, s. 141; 2015, c. 3, s. 48

16 Section 287 of the Act is repealed.

2010, c. 3, s. 4; 2012, c. 1, s. 28; 2014, c. 25, s. 21

17 Subsection 486(3) of the Act is replaced by the following:

2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, s. 22(1)

18 Subparagraph 486.‍4(1)‍(a)‍(i) of the Act is replaced by the following:

2004, c. 10, s. 20

19 Subparagraph (b)‍(iii) of the definition designated offence in subsection 490.‍011(1) of the Act is repealed.

2009, c. 29, s. 3

20 Subsection 719(3.‍1) of the Act is replaced by the following:

2002, c. 13, s. 81(1); 2008, c. 6, par. 54(j); 2012, c. 1, s. 37(1); 2014, c. 25, s. 31

21 Subsection 810.‍1(1) of the Act is replaced by the following:

Consequential Amendments

1992, c. 20

Corrections and Conditional Release Act

1995, c. 42, s. 44(7)

22 Subparagraph (b)‍(ii) of the definition sexual offence involving a child in subsection 129(9) of the Corrections and Conditional Release Act is repealed.

23 Paragraph 1(i) of Schedule I to the Act is repealed.

2002, c. 1

Youth Criminal Justice Act

24 Paragraph 1(g) of the schedule to the Youth Criminal Justice Act is repealed.

Coordinating Amendments

C-226

25 (1) Subsections (2) and (3) apply if Bill C-226, introduced in the 1st session of the 42nd Parliament and entitled the Impaired Driving Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 4 of the other Act comes into force before section 10 of this Act, then that section 10 is deemed never to have come into force and is repealed.

(3) If section 4 of the other Act comes into force on the same day as section 10 of this Act, then that section 10 is deemed to have come into force before that section 4.

EXPLANATORY NOTES

(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, 171.‍1, 172.‍1, 172.‍2 or 173 or subsection 286.‍1(2) 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.

(5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 286.‍1(2), 286.‍2(2) or 286.‍3(2) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant.

159 (1) Every person who engages in an act of anal intercourse 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.

(2) Subsection (1) does not apply to any act engaged in, in private, between

• (a) husband and wife, or

• (b) any two persons, each of whom is eighteen years of age or more,

both of whom consent to the act.

(3) For the purposes of subsection (2),

• (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and

• (b) a person shall be deemed not to consent to an act

  • (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or

  • (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

(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, 171.‍1, 172.‍1 or 172.‍2, subsection 173(2), section 271, 272, 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);

179 (1) Every one commits vagrancy who

• .‍.‍. 

• (b) having at any time been convicted of an offence under section 151, 152 or 153, subsection 160(3) or 173(2) or section 271, 272 or 273, or of an offence under a provision referred to in paragraph (b) of the definition “serious personal injury offence” in section 687 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read before January 4, 1983, is found loitering in or near a school ground, playground, public park or bathing area.

181 Every one who wilfully publishes a statement, tale or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

229 Culpable homicide is murder

• .‍.‍. 

• (c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.

230 Culpable homicide is murder where a person causes the death of a human being while committing or attempting to commit high treason or treason or an offence mentioned in section 52 (sabotage), 75 (piratical acts), 76 (hijacking an aircraft), 144 or subsection 145(1) or sections 146 to 148 (escape or rescue from prison or lawful custody), section 270 (assaulting a peace officer), section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping and forcible confinement), 279.‍1 (hostage taking), 343 (robbery), 348 (breaking and entering) or 433 or 434 (arson), whether or not the person means to cause death to any human being and whether or not he knows that death is likely to be caused to any human being, if

• (a) he means to cause bodily harm for the purpose of

  • (i) facilitating the commission of the offence, or

  • (ii) facilitating his flight after committing or attempting to commit the offence,

• and the death ensues from the bodily harm;

• (b) he administers a stupefying or overpowering thing for a purpose mentioned in paragraph (a), and the death ensues therefrom; or

• (c) he wilfully stops, by any means, the breath of a human being for a purpose mentioned in paragraph (a), and the death ensues therefrom.

• (d) [Repealed, 1991, c. 4, s. 1]

258 (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.‍2),

• .‍.‍. 

• (c) where samples of the breath of the accused have been taken pursuant to a demand made under subsection 254(3), if

  • (i) [Repealed before coming into force, 2008, c. 20, s. 3]

  • (ii) each sample was taken as soon as practicable after the time when the offence was alleged to have been committed and, in the case of the first sample, not later than two hours after that time, with an interval of at least fifteen minutes between the times when the samples were taken,

  • (iii) each sample was received from the accused directly into an approved container or into an approved instrument operated by a qualified technician, and

  • (iv) an analysis of each sample was made by means of an approved instrument operated by a qualified technician,

• evidence of the results of the analyses so made is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the analyses were made and at the time when the offence was alleged to have been committed was, if the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the approved instrument was malfunctioning or was operated improperly, that the malfunction or improper operation resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;

• (d) if a sample of the accused’s blood has been taken under subsection 254(3) or section 256 or with the accused’s consent and if

  • (i) at the time the sample was taken, the person taking the sample took an additional sample of the blood of the accused and one of the samples was retained to permit an analysis of it to be made by or on behalf of the accused and, in the case where the accused makes a request within six months from the taking of the samples, one of the samples was ordered to be released under subsection (4),

  • (ii) both samples referred to in subparagraph (i) were taken as soon as practicable and in any event not later than two hours after the time when the offence was alleged to have been committed,

  • (iii) both samples referred to in subparagraph (i) were taken by a qualified medical practitioner or a qualified technician under the direction of a qualified medical practitioner,

  • (iv) both samples referred to in subparagraph (i) were received from the accused directly into, or placed directly into, approved containers that were subsequently sealed, and

  • (v) an analysis was made by an analyst of at least one of the samples,

• evidence of the result of the analysis is conclusive proof that the concentration of alcohol in the accused’s blood both at the time when the samples were taken and at the time when the offence was alleged to have been committed was the concentration determined by the analysis or, if more than one sample was analyzed and the results of the analyses are the same, the concentration determined by the analyses and, if the results of the analyses are different, the lowest of the concentrations determined by the analyses, in the absence of evidence tending to show all of the following three things — that the analysis was performed improperly, that the improper performance resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed;

273.‍3 (1) No person shall do anything for the purpose of removing from Canada a person who is ordinarily resident in Canada and who is

• .‍.‍. 

• (c) under the age of eighteen years, with the intention that an act be committed outside Canada that if it were committed in Canada would be an offence against section 155 or 159, subsection 160(2) or section 170, 171, 267, 268, 269, 271, 272 or 273 in respect of that person; or

274 If an accused is charged with an offence under section 151, 152, 153, 153.‍1, 155, 159, 160, 170, 171, 172, 173, 271, 272, 273, 286.‍1, 286.‍2 or 286.‍3, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration.

275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.‍1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.

276 (1) In proceedings in respect of an offence under section 151, 152, 153, 153.‍1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

277 In proceedings in respect of an offence under section 151, 152, 153, 153.‍1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.

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:

• (a) an offence under section 151, 152, 153, 153.‍1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3; or

287 (1) Every one who, with intent to procure the miscarriage of a female person, whether or not she is pregnant, uses any means for the purpose of carrying out his intention is guilty of an indictable offence and liable to imprisonment for life.

(2) Every female person who, being pregnant, with intent to procure her own miscarriage, uses any means or permits any means to be used for the purpose of carrying out her intention is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

(3) In this section, means includes

• (a) the administration of a drug or other noxious thing;

• (b) the use of an instrument; and

• (c) manipulation of any kind.

(4) Subsections (1) and (2) do not apply to

• (a) a qualified medical practitioner, other than a member of a therapeutic abortion committee for any hospital, who in good faith uses in an accredited or approved hospital any means for the purpose of carrying out his intention to procure the miscarriage of a female person, or

• (b) a female person who, being pregnant, permits a qualified medical practitioner to use in an accredited or approved hospital any means for the purpose of carrying out her intention to procure her own miscarriage,

if, before the use of those means, the therapeutic abortion committee for that accredited or approved hospital, by a majority of the members of the committee and at a meeting of the committee at which the case of the female person has been reviewed,

• (c) has by certificate in writing stated that in its opinion the continuation of the pregnancy of the female person would or would be likely to endanger her life or health, and

• (d) has caused a copy of that certificate to be given to the qualified medical practitioner.

(5) The Minister of Health of a province may by order

• (a) require a therapeutic abortion committee for any hospital in that province, or any member thereof, to furnish him with a copy of any certificate described in paragraph (4)‍(c) issued by that committee, together with such other information relating to the circumstances surrounding the issue of that certificate as he may require; or

• (b) require a medical practitioner who, in that province, has procured the miscarriage of any female person named in a certificate described in paragraph (4)‍(c), to furnish him with a copy of that certificate, together with such other information relating to the procuring of the miscarriage as he may require.

(6) For the purposes of subsections (4) and (5) and this subsection,

accredited hospital means a hospital accredited by the Canadian Council on Hospital Accreditation in which diagnostic services and medical, surgical and obstetrical treatment are provided; (hôpital accrédité)

approved hospital means a hospital in a province approved for the purposes of this section by the Minister of Health of that province; (hôpital approuvé)

board means the board of governors, management or directors, or the trustees, commission or other person or group of persons having the control and management of an accredited or approved hospital; (conseil)

Minister of Health means

• (a) in the Provinces of Ontario, Quebec, New Brunswick, Manitoba, Prince Edward Island and Newfoundland and Labrador, the Minister of Health,

• (b) in the Provinces of Nova Scotia and Saskatchewan, the Minister of Public Health, and

• (c) in the Province of British Columbia, the Minister of Health Services and Hospital Insurance,

• (d) in the Province of Alberta, the Minister of Hospitals and Medical Care,

• (e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health; (ministre de la Santé)

qualified medical practitioner means a person entitled to engage in the practice of medicine under the laws of the province in which the hospital referred to in subsection (4) is situated; (médecin qualifié)

therapeutic abortion committee for any hospital means a committee, comprised of not less than three members each of whom is a qualified medical practitioner, appointed by the board of that hospital for the purpose of considering and determining questions relating to terminations of pregnancy within that hospital.‍ (comité de l’avortement thérapeutique)

(7) Nothing in subsection (4) shall be construed as making unnecessary the obtaining of any authorization or consent that is or may be required, otherwise than under this Act, before any means are used for the purpose of carrying out an intention to procure the miscarriage of a female person.

(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, 170, 171, 171.‍1, 172, 172.‍1, 172.‍2, 173, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 286.‍1, 286.‍2 or 286.‍3 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.

486.‍4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim 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, 171.‍1, 172, 172.‍1, 172.‍2, 173, 210, 211, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 280, 281, 286.‍1, 286.‍2, 286.‍3, 346 or 347, or

designated offence means

• .‍.‍. 

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

  • .‍.‍. 

  • (iii) section 230 (murder in commission of offences),

(3.‍1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.‍1) or the person was detained in custody under subsection 524(4) or (8).

810.‍1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155 or 159, subsection 160(2) or (3), section 163.‍1, 170, 171, 171.‍1, 172.‍1 or 172.‍2, subsection 173(2), section 271, 272, 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), 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.

sexual offence involving a child means

• .‍.‍. 

• (b) an offence under any of the following provisions of the Criminal Code involving a person under the age of eighteen years that was prosecuted by way of indictment, namely,

  • .‍.‍. 

  • (ii) section 159 (anal intercourse),