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Bill S-4

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SUMMARY
1 Criminal Code
62 Identification of Criminals Act
63 Related Amendments
63 Food and Drugs Act
64 Hazardous Products Act
65 Pilotage Act
66 Controlled Drugs and Substances Act
67 Tobacco and Vaping Products Act
68 Canada Elections Act
69 Pest Control Products Act
70 Human Pathogens and Toxins Act
71 Canada Consumer Product Safety Act
72 Safe Food for Canadians Act
73 Cannabis Act
75 Wrecked, Abandoned or Hazardous Vessels Act
76 Transitional Provisions
79 Coming into Force
EXPLANATORY NOTES

First Session, Forty-fourth Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-4

An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)

FIRST READING, February 8, 2022

THE HONOURABLE SENATOR GOLD, P.‍C.

91069

SUMMARY

This enactment amends the Criminal Code to, among other things,

(a) allow for the use of electronic or other automated means for the purposes of the jury selection process;

(b) expand, for the accused and offenders, the availability of remote appearances by audioconference and videoconference in certain circumstances;

(c) provide for the participation of prospective jurors in the jury selection process by videoconference in certain circumstances;

(d) expand the power of courts to make case management rules permitting court personnel to deal with administrative matters for accused not represented by counsel;

(e) permit courts to order fingerprinting at the interim release stage and at any other stage of the criminal justice process if fingerprints could not previously have been taken for exceptional reasons; and

(f) replace the existing telewarrant provisions with a process that permits a wide variety of search warrants, authorizations and orders to be applied for and issued by a means of telecommunication.

The enactment makes amendments to the Criminal Code and the Identification of Criminals Act to correct minor technical errors and includes transitional provisions on the application of the amendments. It also makes related amendments to other Acts.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

1st Session, 44th Parliament,

70-71 Elizabeth II, 2021-2022

SENATE OF CANADA

BILL S-4

An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)

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

R.‍S.‍, c. C-46

Criminal Code

2019, c. 25, s. 1(3)

1 The definition summons in section 2 of the Criminal Code is replaced by the following:

summons means, unless a contrary intention appears, a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.‍1(1); (sommation)

1995, c. 39, s. 139

2 The portion of subsection 117.‍04(3) of the Act before paragraph (a) is replaced by the following:

Report to justice

(3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing

1995, c. 39, s. 139

3 Subsection 117.‍05(1) of the Act is replaced by the following:

Application for disposition

117.‍05 (1) If any thing or document has been seized under subsection 117.‍04(1) or (2), a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within 30 days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to the persons or in the manner that the justice may specify.

4 Subsection 145(2) 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 that paragraph:

(d) fails, without lawful excuse, to comply with an order made under section 515.‍01.

1993, c. 40, s. 1(1)

5 The definition authorization in section 183 of the Act is replaced by the following:

authorization means an authorization to intercept a private communication given under subsection 184.‍2(3), section 186 or subsection 188(2); (autorisation)

1993, c. 40, s. 4

6 Section 184.‍3 of the Act is replaced by the following:

Application — telecommunication producing writing

184.‍3 (1) A person who is permitted to make one of the following applications may submit their application by a means of telecommunication that produces a writing:

(a) an application for an authorization under subsection 184.‍2(2), 185(1), 186(5.‍2) or 188(1);

(b) an application for an extension under subsection 185(2), 196(2) or 196.‍1(2);

Sealing

(2) A judge who receives an application submitted by a means of telecommunication that produces a writing shall, immediately on the determination of the application, cause it to be placed and sealed in the packet referred to in subsection 187(1).

Application — telecommunication not producing writing

(3) Despite anything in section 184.‍2 or 188, a person who is permitted to make an application for an authorization under subsection 184.‍2(2) or 188(1) may submit their application by a means of telecommunication that does not produce a writing if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

Statement of circumstances

(4) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

Oath

(5) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

Recording and sealing

(6) A judge who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and shall, immediately on the determination of the application, cause the writing or recording to be placed and sealed in the packet referred to in subsection 187(1), and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

Limitation

(7) If an application is submitted by a means of telecommunication that does not produce a writing, the judge shall not give the authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

Giving authorization, etc.

(8) A judge who gives the authorization, extension or renewal may do so by a means of telecommunication, in which case

(a) the judge shall complete and sign the document in question, noting on its face the time and date;

(b) if the means of telecommunication produces a writing, the judge shall transmit a copy of the document to the applicant by that means;

(c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judge, transcribe the document, noting on its face the name of the judge as well as the time and date; and

(d) the judge shall, immediately after the authorization, extension or renewal is given, cause the document to be placed and sealed in the packet referred to in subsection 187(1).

7 Subsection 185(4) of the Act is replaced by the following:

If extension not granted

(4) If the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or if the judge fixes a shorter period than the one set out in the application referred to in subsection (2), the person submitting the application for the authorization may withdraw that application and, if it is withdrawn, the judge shall not proceed to consider it or to give the authorization and shall destroy, or return to that person, both applications and all other material pertaining to them.

1993, c. 40, s. 7

8 (1) Subsection 187(1.‍1) of the Act is replaced by the following:

Exception

(1.‍1) An authorization given under this Part need not be placed in the packet except if, under subsection 184.‍3(8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the copy remains with the applicant.

1993, c. 40, s. 7

(2) Subsection 187(3) of the Act is replaced by the following:

Order of judge

(3) An order under subsection (1.‍2), (1.‍3), (1.‍4) or (1.‍5) made with respect to documents relating to an application made under subsection 184.‍2(2) may only be made after the Attorney General has been given an opportunity to be heard.

2019, c. 25, s. 66

9 Section 188.‍1 of the Act is replaced by the following:

Execution in Canada

188.‍1 An authorization given under section 184.‍2, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

2018, c. 21, s. 15

10 (1) The portion of subsection 320.‍29(1) of the Act before paragraph (a) is replaced by the following:

Warrants to obtain blood samples

320.‍29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1, that

2018, c. 21, s. 15

(2) Subsections 320.‍29(2) and (3) of the Act are replaced by the following:

Form

(2) A warrant issued under subsection (1) may be in Form 5, varied to suit the case.

2018, c. 21, s. 15

(3) Subsection 320.‍29(5) of the Act is replaced by the following:

Copy to person

(5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.‍1, varied to suit the case — to the person from whom the samples of blood are taken.

11 The portion of subsection 395(2) of the Act before paragraph (a) is replaced by the following:

Power to seize

(2) If, on search, anything mentioned in subsection (1) is found, it shall be seized and brought before a justice of the province in which the warrant was issued who has jurisdiction in the matter, and the justice shall order

R.‍S.‍, c. 42 (4th Supp.‍), s. 2

12 (1) The portion of subsection 462.‍32(4) of the French version of the Act before paragraph (a) is replaced by the following:

Rapport d’exécution

(4) La personne qui exécute un mandat décerné en vertu du présent article est tenue, à la fois :

R.‍S.‍, c. 42 (4th Supp.‍), s. 2; 2017, c. 7, s. 57(F)

(2) Paragraph 462.‍32(4)‍(a) of the Act is replaced by the following:

(a) during that execution, give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched or, in the absence of any such person, affix the following in a prominent location within the building or place or on or next to the receptacle:

(i) a copy of the warrant, and

(ii) a notice in Form 5.‍1 setting out the address of the court from which a copy of the report on the property seized may be obtained;

(a.‍1) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

R.‍S.‍, c. 42 (4th Supp.‍), s. 2

(3) Paragraphs 462.‍32(4)‍(b) and (c) of the French version of the Act are replaced by the following:

b) dans les meilleurs délais après l’exécution du mandat mais au plus tard le septième jour qui suit celle-ci, de faire un rapport, selon la formule 5.‍3, comportant la désignation des biens saisis et indiquant le lieu où ils se trouvent et de le faire déposer auprès du greffier du tribunal;

c) de faire remettre, sur demande, un exemplaire du rapport au saisi et à toute autre personne qui, de l’avis du juge, semble avoir un droit sur les biens saisis.

2002, c. 13, s. 18

13 Paragraph 482.‍1(1)‍(b) of the Act is replaced by the following:

(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court; and

2019, c. 25, s. 188

14 Subsection 485(1.‍1) of the Act is replaced by the following:

When accused not appearing personally or in person

(1.‍1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally or in person, so long as the provisions of this Act or a rule made under section 482 or 482.‍1 permitting the accused not to appear personally or in person apply.

15 The Act is amended by adding the following after section 485.‍1:

Summons — Identification of Criminals Act

485.‍2 (1) A justice or judge may, on application in writing and on oath in Form 6.‍1, issue a summons, in Form 6.‍2, requiring an accused or offender to appear at a time and place stated in it for the purposes of the Identification of Criminals Act if

(a) the accused is charged with, or the offender has been determined to be guilty of, an offence referred to in paragraph 2(1)‍(c) of that Act;

(b) the accused or offender was previously required to appear for the purposes of that Act and the measurements, processes or operations referred to in that Act were not completed; and

(c) the justice or judge is satisfied that the reasons for the measurements, processes or operations not having been completed were exceptional.

Limitation

(2) Subsection (1) applies in respect of an offender only if proceedings are ongoing in relation to the matter for which they were previously required to appear for the purposes of the Identification of Criminals Act and for which the sentencing proceedings have not concluded.

Reasons

(3) The application must state the reasons why the measurements, processes or operations were not completed.

Ex parte application

(4) A justice or judge may proceed ex parte to determine an application made under subsection (1).

Application — telecommunication

(5) The application may also be made by any means of telecommunication that produces a writing.

Alternative to oath

(6) A person who uses a means of telecommunication referred to in subsection (5) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the application are true to their knowledge and belief, and that statement is deemed to be a statement made under oath.

Contents of summons

(7) The summons must

(a) be directed to the accused or offender;

(b) set out briefly the offence in respect of which the accused is charged or the offender has been determined to be guilty; and

Service of summons

(8) The summons must be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least 16 years of age.

R.‍S.‍, c. 27 (1st Supp.‍), s. 68(2)

16 Paragraph 487(1)‍(e) of the Act is replaced by the following:

(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect of it to, a justice in accordance with section 489.‍1.

1997, c. 18, s. 42(2)

17 Subsection 487.‍01(7) of the Act is repealed.

2019, c. 25, s. 195

18 Section 487.‍02 of the Act is replaced by the following:

Assistance order

487.‍02 (1) If an authorization is given under section 184.‍2, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.

Telecommunication

(2) If the authorization is given or the warrant is issued by a means of telecommunication under section 184.‍3 or 487.‍1, the order to provide assistance may be issued by a means of telecommunication and, in that case, section 184.‍3 or 487.‍1, as the case may be, applies with respect to the order.

2019, c. 25, s. 196.‍1(2)

19 Subparagraph (c)‍(iv.‍4) of the definition secondary designated offence in section 487.‍04 of the Act is repealed.

1997, c. 18, s. 44

20 Subsection 487.‍05(3) of the Act is repealed.

1997, c. 18, s. 45

21 Subsection 487.‍092(4) of the Act is repealed.

R.‍S, c. 27 (1st Supp.‍), s. 69; 1994, c. 44, ss. 37(1) to (3) and (5) to (7); 2014, c. 31, s. 21; 2018, c. 21, s. 19

22 Section 487.‍1 of the Act and the heading before it are replaced by the following:

Other Provisions Respecting Warrants and Orders

Duty of person executing certain warrants

487.‍093 (1) A person who executes a warrant issued under subsection 117.‍04(1), 199(1), 395(1) or 487(1) shall, during that execution,

(a) give the following to any person who is present and ostensibly in control of the building, receptacle or place to be searched:

(i) a copy of the warrant, and

(ii) a notice in Form 5.‍1 setting out the address of the court before which anything seized during the execution may be brought or from which a copy of a report on anything so seized may be obtained;

(b) affix the copy and the notice in a prominent location within the building or place or on or next to the receptacle, if there is no person present and ostensibly in control of the building, receptacle or place; or

(c) give the copy and the notice to the person to be searched, if the warrant is issued under subsection 395(1) for the search of a person.

Exception

(2) Subsection (1) does not apply if the warrant authorizes the search of anything that is detained under this Act after it has been lawfully seized.

Warrants, etc.‍, by telecommunication

487.‍1 (1) Despite anything in this Act, the Attorney General, a peace officer or a public officer may, if they are permitted to apply for any of the following, submit their application by a means of telecommunication:

(a) a warrant under subsection 83.‍222(1);

(b) an order under subsection 83.‍223(1);

(d) a warrant under subsection 164(1);

(e) an order under subsection 164.‍1(1);

(f) a warrant under subsection 320(1);

(g) an order under subsection 320.‍1(1);

(h) a warrant under subsection 320.‍29(1);

(i) a warrant under subsection 395(1);

(j) a warrant under subsection 462.‍32(1);

(k) an order under subsection 462.‍33(3);

(l) a warrant under subsection 487(1);

(m) a warrant under subsection 487.‍01(1) that does not authorize the observation of a person by means of a television camera or other similar electronic device;

(n) an extension under subsection 487.‍01(5.‍2);

(o) an order under any of sections 487.‍013 to 487.‍018;

(p) an order under subsection 487.‍019(3);

(q) an order under subsection 487.‍0191(1);

(r) an order under subsection 487.‍0191(4);

(s) a warrant under subsection 487.‍05(1);

(t) a warrant under subsection 487.‍092(1);

(u) an order under subsection 487.‍3(1);

(v) an order under subsection 487.‍3(4);

(w) a warrant under subsection 492.‍1(1);

(x) a warrant under subsection 492.‍1(2);

(y) an authorization under subsection 492.‍1(7);

(z) a warrant under subsection 492.‍2(1).

Alternative to oath

(2) A person who must swear an oath in connection with an application submitted by a means of telecommunication that produces a writing may, instead of swearing the oath, make a statement in writing stating that all matters submitted in support of the application are true to their knowledge and belief, and the statement is deemed to be a statement made under oath.

Certification

(3) A judicial officer who receives an application submitted by a means of telecommunication that produces a writing shall certify the application as to time and date of receipt.

Limitation

(4) An application under subsection 487.‍01(5.‍2) shall not be submitted by a means of telecommunication that does not produce a writing.

Application — telecommunication not producing writing

(5) An applicant may submit their application by a means of telecommunication that does not produce a writing only if it would be impracticable in the circumstances to submit the application by a means of telecommunication that produces a writing.

Statement of circumstances

(6) An application submitted by a means of telecommunication that does not produce a writing shall include a statement of the circumstances that make it impracticable to submit the application by a means of telecommunication that produces a writing.

Oath

(7) Any oath required in connection with an application submitted by a means of telecommunication that does not produce a writing may be administered by a means of telecommunication.

Certification

(8) A judicial officer who receives an application submitted by a means of telecommunication that does not produce a writing shall record the application verbatim, in writing or otherwise, and certify the record or a transcription of it as to time, date and contents.

Limitation on issuance

(9) If an application is submitted by a means of telecommunication that does not produce a writing, the judicial officer shall not issue the warrant, order, extension or authorization unless he or she is satisfied that the application discloses reasonable grounds for dispensing with its submission by a means of telecommunication that produces a writing.

Warrant, etc.

(10) A judicial officer who issues the warrant, order, extension or authorization may do so by a means of telecommunication, in which case

(a) the judicial officer shall complete and sign the document in question, noting on its face the time and date;

(b) if the means of telecommunication produces a writing, the judicial officer shall transmit a copy of the document to the applicant by that means; and

(c) if the means of telecommunication does not produce a writing, the applicant shall, as directed by the judicial officer, transcribe the document, noting on its face the name of the judicial officer as well as the time and date.

Definitions

(11) The following definitions apply in this section.

judicial officer means a judge or justice who is authorized, under the applicable provision of this Act, to issue a warrant, order, extension or authorization referred to in subsection (1).‍ (fonctionnaire judiciaire)

public officer means a public officer who is appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament.‍ (fonctionnaire public)

2005, c. 32, s. 16(1)

23 The portion of section 487.‍2 of the Act before paragraph (a) is replaced by the following:

Restriction on publication

487.‍2 If a search warrant is issued under section 487 or a search is made under such a warrant, everyone who publishes in any document, or broadcasts or transmits in any way, any information with respect to

1997, c. 18, s. 47

24 The portion of section 488 of the Act before paragraph (a) is replaced by the following:

Execution of search warrant

488 A warrant issued under section 487 shall be executed by day, unless

2017, c. 22, s. 3

25 Subsection 488.‍01(2) of the Act is replaced by the following:

Warrant, authorization and order

(2) Despite any other provision of this Act, if an applicant for a warrant under section 487.‍01, 492.‍1 or 492.‍2, a search warrant under this Act, notably under section 487, an authorization under section 184.‍2, 186 or 188, or an order under any of sections 487.‍014 to 487.‍017 knows that the application relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, they shall make the application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.

R.‍S.‍, c. 27 (1st Supp.‍), s. 72; 1997, c. 18, s. 49

26 Section 489.‍1 of the Act is replaced by the following:

Restitution of thing or report

489.‍1 (1) Subject to this or any other Act of Parliament, if a peace officer has seized anything under a warrant issued under this Act, under section 487.‍11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,

(a) return the thing seized, on being issued a receipt for it, to the person lawfully entitled to its possession and report to a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued, if the peace officer is satisfied that

(i) there is no dispute as to who is lawfully entitled to possession of the thing seized, and

(ii) the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding; or

(b) bring the thing seized before a justice referred to in paragraph (a), or report to the justice that the thing has been seized and is being detained, to be dealt with in accordance with subsection 490(1), if the peace officer is not satisfied as described in subparagraphs (a)‍(i) and (ii).

Person other than peace officer

(2) Subject to this or any other Act of Parliament, if a person other than a peace officer has seized anything under a warrant issued under this Act, under section 487.‍11 or 489, or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable and so that the thing seized may be dealt with in accordance with subsection 490(1),

(a) bring the thing before a justice having jurisdiction in respect of the matter and, in the case of a warrant, jurisdiction in the province in which the warrant was issued; or

(b) report to the justice referred to in paragraph (a) that the thing has been seized and is being detained.

Form

(3) A report to a justice under this section shall be in Form 5.‍2, varied to suit the case.

R.‍S.‍, c. 27 (1st Supp.‍), s. 70

27 Subsection 492(1) of the Act is replaced by the following:

Seizure of explosives

492 (1) Every person who executes a warrant issued under section 487 may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2).

2019, c. 25, s. 215

28 Subsection 500(3) of the Act is replaced by the following:

Attendance for purposes of Identification of Criminals Act

2019, c. 25, s. 215

29 Subsection 501(4) of the Act is replaced by the following:

Attendance for purposes of Identification of Criminals Act

(4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)‍(c) of that Act.

2019, c. 25, s. 216

30 (1) Subsection 502.‍1(1) of the English version of the Act is amended by replacing “personally” with “in person”.

2019, c. 25, s. 216

(2) Subsections 502.‍1(4) and (5) of the English version of the Act are replaced by the following:

Participants

(4) A participant, as defined in subsection 715.‍25(1), who is to participate in a proceeding under this Part shall participate in person but may participate by audioconference or videoconference, if it is satisfactory to the justice.

Justice

(5) The justice who is to preside at a proceeding under this Part shall preside in person but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.

1992, c. 47, s. 71; 1996, c. 7, s. 38

31 Subsection 509(5) of the Act is replaced by the following:

Attendance for purposes of Identification of Criminals Act

(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)‍(c) of that Act.

2019, c. 25, s. 225(2)

32 Subsection 515(2.‍2) of the English version of the Act is replaced by the following:

Appearance of the accused

(2.‍2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear in person but the justice may allow the accused to appear by videoconference or, subject to subsection (2.‍3), by audioconference, if the technological means is satisfactory to the justice.

33 The Act is amended by adding the following after section 515:

Attendance — Identification of Criminals Act

515.‍01 When a release order is made under section 515, the judge or justice may also make an order, in Form 11.‍1, requiring the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is charged with an offence referred to in paragraph 2(1)‍(c) of that Act.

1997, c. 39, s. 2

34 Section 529.‍5 of the Act is replaced by the following:

Means of telecommunication

529.‍5 An application for a warrant under section 529.‍1 or an authorization under section 529 or 529.‍4 may be submitted, and the warrant or authorization may be issued, by a means of telecommunication, and section 487.‍1 applies for those purposes with any necessary modifications.

2019, c. 25, s. 242(1)

35 (1) Paragraph 537(1)‍(j) of the Act is replaced by the following:

(j) if the prosecutor and the accused consent, allow the accused to appear by counsel for any part of the inquiry, other than a part in which the evidence of a witness is taken; and

2019, c. 25, s. 242(2)

(2) Subsection 537(1) of the Act is amended by striking out “and” at the end of paragraph (j.‍1) and by repealing paragraph (k).

2019, c. 25, s. 252(1)

36 (1) Subsections 555(1) and (1.‍1) of the Act are replaced by the following:

If charge should be prosecuted by indictment

555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted by indictment, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

Election before justice

(1.‍1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

You have the option to elect to be tried by a judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

2019, c. 25, s. 252(2)

(2) Paragraph 555(3)‍(a) of the Act is replaced by the following:

(a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

2002, c. 13, s. 49(2)

37 Subsection 606(5) of the Act is repealed.

38 The Act is amended by adding the following after section 631:

Electronic or automated means

631.‍1 Any electronic or other automated means may be used to select jurors so long as the jurors would be randomly selected as required by the jury selection process described in subsections 631(1) to (5).

2003, c. 21, s. 12; 2019, c. 25, s. 274

39 Subsections 650(1) to (1.‍2) of the Act are replaced by the following:

Accused to be present

650 (1) Subject to subsections (1.‍1) and (2) and section 650.‍01, an accused, other than an organization, shall be present in court during the whole of their trial, either in person or, if authorized under any of sections 715.‍231 to 715.‍241, by audioconference or videoconference.

Appearance by counsel

(1.‍1) The court may, with the consent of the prosecutor and the accused, allow the accused to appear by counsel for any part of the trial, other than a part in which the evidence of a witness is taken.

1994, c. 44, s. 65

40 Subsection 669.‍2(5) of the English version of the Act is replaced by the following:

Where trial continued

(5) Where a trial is continued under subsection (4), any evidence that was adduced before a judge referred to in paragraph (1)‍(c) is deemed to have been adduced before the judge before whom the trial is continued but, if the prosecutor and the accused consent, any part of that evidence may be adduced again before the judge before whom the trial is continued.

2019, c. 25, s. 278

41 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:

(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 320.‍24 or 462.‍37, subsection 491.‍1(2), 730(1) or 737(2.‍1) or (3) or section 738, 739, 742.‍1, 742.‍3, 743.‍6, 745.‍4 or 745.‍5,

2019, c. 25, s. 402(14)

42 Subsection 680(1) of the Act is replaced by the following:

Review by court of appeal

680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)‍(a) or a decision made by a judge of the court of appeal under section 320.‍25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

(a) vary the decision; or

(b) substitute another decision that, in its opinion, should have been made.

2002, c. 13, s. 68

43 The portion of subsection 688(2.‍1) of the English version of the Act before paragraph (a) is replaced by the following:

Manner of appearance

(2.‍1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant appearing in person,

2019, c. 25, s. 290

44 Paragraph 714.‍1(b) of the English version of the Act is replaced by the following:

(b) the costs that would be incurred if the witness were to appear in person;

2019, c. 25, s. 292

45 Section 715.‍21 of the English version of the Act is replaced by the following:

Attendance

715.‍21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so in person.

2019, c. 25, s. 292

46 The heading before section 715.‍23 and sections 715.‍23 and 715.‍24 of the Act are replaced by the following:

General

Reasons

715.‍221 If the court denies a request respecting a person’s appearance or participation by audioconference or videoconference under this Part, it shall include in the record a statement of the reasons for the denial.

Cessation

715.‍222 If the court allows or requires a person’s appearance or participation by audioconference or videoconference under this Part, it may, at any time, cease the use of those technological means and take any measure that it considers appropriate in the circumstances to have the person appear at or participate in the proceedings.

Accused and Offenders

Considerations — appearance by audioconference or videoconference

715.‍23 Before making a determination to allow or require an accused or offender to appear by audioconference or videoconference under any of sections 715.‍231 to 715.‍241, the court must be of the opinion that the appearance by those means would be appropriate having regard to all the circumstances, including

(a) the location and personal circumstances of the accused or offender;

(b) the costs that would be incurred if the accused or offender were to appear in person;

(d) the accused’s or offender’s right to a fair and public hearing; and

(e) the nature and seriousness of the offence.

Preliminary inquiry

715.‍231 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at the preliminary inquiry.

Trial — summary conviction offence

715.‍232 The court may allow an accused to appear by videoconference at a trial for a summary conviction offence

(a) if the accused is not in custody, with the consent of the accused and the prosecutor; and

(b) if the accused is in custody, with the consent of the accused.

Trial — indictable offence

715.‍233 The court may, with the consent of the prosecutor and the accused, allow an accused to appear by videoconference at a trial for an indictable offence. However, an accused must not appear by videoconference during a jury trial when evidence is being presented to the jury.

Plea

715.‍234 (1) The court may, with the consent of the prosecutor and the accused, allow an accused to appear by audioconference or videoconference for the purpose of making a plea.

Limitation

(2) The court may allow the accused to appear by audioconference only if it is satisfied that

(a) videoconferencing is not readily available; and

(b) the appearance by audioconference would permit the court to inquire into the conditions for accepting a plea of guilty under subsection 606(1.‍1) despite the fact that the court would not be able to see the accused.

Sentencing

715.‍235 (1) The court may, with the consent of the prosecutor and the offender, allow an offender to appear by audioconference or videoconference for sentencing purposes.

Limitation

(2) The court may allow the offender to appear by audioconference only if videoconferencing is not readily available.

Proceedings not expressly provided for

715.‍24 In any proceedings in respect of which this Act does not expressly authorize the court to allow an accused or offender to appear by audioconference or videoconference or limit or prohibit their appearance by those means, the court may allow the accused or offender to appear by either of those means.

Accused in custody — no evidence taken

715.‍241 Despite sections 715.‍231 to 715.‍233, the court may allow or require an accused who is in custody and who has access to legal advice to appear by videoconference in any proceeding referred to in those sections, other than a part in which the evidence of a witness is taken.

Conditions — no access to legal advice

715.‍242 Despite anything in this Act, before allowing an accused or offender who does not have access to legal advice during the proceedings to appear by audioconference or videoconference, the court must be satisfied that they will be able to understand the proceedings and that any decisions made by them during the proceedings will be voluntary.

Communication with counsel

715.‍243 An accused or offender who appears by audioconference or videoconference must be given the opportunity to communicate privately with counsel if they are represented by counsel.

2019, c. 25, s. 292

47 (1) Subsection 715.‍25(1) of the Act is replaced by the following:

Definition of participant

715.‍25 (1) In this section, participant means any person, other than an accused, an offender, a witness, a juror, a judge or a justice, who may participate in a proceeding.

2019, c. 25, s. 292

(2) The portion of subsection 715.‍25(2) of the Act before paragraph (a) is replaced by the following:

Participation by audioconference or videoconference

(2) Except as otherwise provided in this Act, the court may allow a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

2019, c. 25, s. 292

(3) Paragraph 715.‍25(2)‍(b) of the English version of the Act is replaced by the following:

(b) the costs that would be incurred if the participant were to participate in person;

2019, c. 25, s. 292

(4) Subsections 715.‍25(3) and (4) of the Act are repealed.

48 The Act is amended by adding the following after section 715.‍26:

Prospective Jurors

Definition of prospective juror

715.‍27 (1) In this section, prospective juror means a person who has been summoned as a juror and who has not yet been sworn in accordance with Part XX.

Participation by videoconference

(2) The court may, with the consent of the prosecutor and the accused, allow or require any or all prospective jurors to participate in the jury selection process by videoconference if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

(a) the challenges related to the in-person participation of prospective jurors;

(b) the nature of the participation;

(d) the privacy and security of the prospective jurors;

(e) the accused’s right to a fair and public hearing; and

(f) the nature and seriousness of the offence.

Location provided

(3) The court may require prospective jurors to participate by videoconference only if the court has approved a location that will be provided for their participation where the technology for videoconferencing is available.

No location provided

(4) The court shall give prospective jurors the option to participate in person if it allows for their participation by videoconference but no location approved by the court is provided for their participation by those means.

1999, c. 5, s. 41(1)

49 (1) Paragraph 742.‍6(1)‍(f) of the Act is replaced by the following:

(2) Section 742.‍6 of the Act is amended by adding the following after subsection (1):

Warrant — means of telecommunication

(1.‍1) A warrant may be issued under paragraph (1)‍(f) by a means of telecommunication, and the provisions in section 487.‍1 on the issuance of a warrant apply for those purposes, with any necessary modifications.

2002, c. 13, s. 77

50 Section 774.‍1 of the English version of the Act is replaced by the following:

Appearance in person — habeas corpus

774.‍1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear in court in person.

2019, c. 25, s. 314

51 Paragraph (b) of the definition sentence in section 785 of the Act is replaced by the following:

(b) an order made under subsection 109(1) or 110(1), section 320.‍24, subsection 730(1) or 737(2.‍1) or (3) or section 738, 739, 742.‍1 or 742.‍3,

2011, c. 16, s. 16

52 Section 795 of the Act is replaced by the following:

Application of Parts XVI, XVIII, XVIII.‍1, XX, XX.‍1 and XXII.‍01

795 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, the provisions of Parts XVIII.‍1, XX and XX.‍1, insofar as they are not inconsistent with this Part, and the provisions of Part XXII.‍01, apply, with any necessary modifications, to proceedings under this Part.

53 (1) Subsection 800(2) of the French version of the Act is replaced by the following:

Avocat ou représentant

(2) Un défendeur peut comparaître personnellement ou par l’entremise d’un avocat ou représentant, mais la cour des poursuites sommaires peut exiger que le défendeur comparaisse personnellement et, si elle le juge à propos, décerner un mandat selon la formule 7 pour l’arrestation du défendeur, et ajourner le procès en attendant sa comparution en application du mandat.

2019, c. 25, s. 317

(2) Subsection 800(2.‍1) of the Act is repealed.

2019, c. 25, s. 324(1)

54 Subsection 817(2) of the French version of the Act is replaced by the following:

Conditions

(2) L’engagement contracté en vertu du présent article est subordonné à la condition que le poursuivant comparaisse personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu.

2002, c. 13, s. 84

55 The heading after section 847 of the Act is repealed.

2007, c. 22, s. 23; 2018, c. 16, s. 224, c. 21, s. 29; 2019, c. 25, s. 331(2)‍(E)

56 Paragraph (b) of Form 5.‍04 of Part XXVIII of the Act is replaced by the following:

(b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was a secondary designated offence within the meaning of section 487.‍04 of the Criminal Code;

R.‍S.‍, c. 27 (1st Supp.‍), s. 184(3); R.‍S.‍, c. 1 (4th Supp.‍), s. 17; 2018, c. 21, ss. 30 and 31

57 Forms 5.‍1 and 5.‍2 of Part XXVIII of the Act are replaced by the following:

FORM 5.‍1

(Subsection 320.‍29(5) and subparagraphs 462.‍32(4)‍(a)‍(ii) and 487.‍093(1)‍(a)‍(ii))

Notice — Execution of Search Warrant

A warrant under section (section of the Criminal Code under which the warrant is issued) has been executed (at location or on name of person) on (date).

If anything is seized during the execution of the warrant, the things that were seized may be brought before the court at (address). However, if the peace officer, public officer or other person who executed the warrant filed with that court a report on the things that were seized, you may obtain a copy of the report from the clerk of that court. The report will indicate the things that were seized and the location at which they are being held.

FORM 5.‍2

(Subsection 489.‍1(3))

Report to a Justice

Canada,

Province of ,

(territorial division).

To a justice having jurisdiction in respect of the matter and jurisdiction in the province in which the warrant referred to below was issued (or, if no warrant was issued, a justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under the Criminal Code, under section 487.‍11 or 489 of the Criminal Code, or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)

1 searched the premises situated at ; and

2 seized the following things and dealt with them as follows:

Insertion start Thing Insertion end Seized (describe each thing seized)	Disposition (state, in respect of each thing seized, whether (a) it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or (b) it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom it is being detained.)
1.
2.
3.
4.

Signed on (date), at (place).

(Signature of peace officer or other person)

58 Part XXVIII of the Act is amended by adding the following after Form 6:

FORM 6.‍1

(Subsection 485.‍2(1))

Application for a Summons under Section 485.‍2

Canada,

Province of

(territorial division)

I (name), (occupation), of in (territorial division), apply for the issuance of a summons under section 485.‍2 of the Criminal Code requiring (name of accused or offender) to attend at a time and place stated in it for the purposes of the Identification of Criminals Act.

(Name of accused or offender) was previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) in relation to (set out briefly the offence in respect of which the accused or offender was previously required to appear).

□ (Check if applicable) The offence which is currently the subject of the proceedings, namely (set out briefly the offence for which the accused is currently charged or the offender has been determined to be guilty) is different from the offence listed above, but stems from the same matter for which the accused or offender was previously required to appear under that Act, and is an offence referred to in paragraph 2(1)‍(c) of that Act.

The measurements, processes and operations referred to in that Act were not completed for the following reason(s):

(set out reason(s))

Sworn before me on (date), at (place).

(Signature of applicant)

(Signature of judge, justice or clerk of the court)

FORM 6.‍2

(Subsection 485.‍2(1))

Summons to Appear for the Purposes of the Identification of Criminals Act

Canada,

Province of

(territorial division)

To (name of person), of , born on (date of birth):

Because you were previously required to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act under (a summons or an appearance notice or an undertaking or an order) issued on (date) and the measurements, processes and operations referred to in that Act were not completed for exceptional reasons;

You are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act in relation to (set out briefly the offence in respect of which the accused was charged or the offender has been determined to be guilty).

You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required in this summons.

If you commit an offence under subsection 145(3) of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.‍1 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

If you are on interim release and do not comply with this summons or are charged with committing an indictable offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).

Signed on (date), at (place).

(Signature of judge, justice or clerk of the court)

(Name of the judge or justice)

2019, c. 25, s. 337

59 Item 3 of Form 10 of Part XXVIII of the Act is replaced by the following:

3 Alleged offence(s)

(set out briefly the offence(s) which the accused is alleged to have committed)

60 Part XXVIII of the Act is amended by adding the following after Form 11:

FORM 11.‍1

(Section 515.‍01)

Order to Appear for the Purposes of the Identification of Criminals Act

Canada,

Province of

(territorial division)

1 Identification

Surname: Given name(s):

Date of birth:

2 Contact Information

3 Charge(s)

(set out briefly the offence in respect of which the accused was charged)

4 Appearance for the purposes of the Identification of Criminals Act

You are ordered, in Her Majesty’s name, to appear on (date) at (hour) at (place) for the purposes of the Identification of Criminals Act.

5 Consequence for non-compliance

You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(2) of the Criminal Code to fail to appear for the purposes of the Identification of Criminals Act, as required by this order.

If you commit an offence under subsection 145(2) of the Criminal Code, a warrant for your arrest may be issued (section 512, 512.‍2 or 512.‍3 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.

If you do not comply with this order you may be arrested and the release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).

6 Signatures

Signed on (date), at (place).

(Signature of judge, justice or clerk of the court)

(Name of the judge or justice)

2019, c. 25, s. 348(3)

61 Paragraph (m) under the heading “Liste de conditions” in Form 32 of Part XXVIII of the French version of the Act is replaced by the following:

m) Comparaître, personnellement ou par l’intermédiaire de son avocat, devant la cour d’appel lors des séances au cours desquelles l’appel doit être entendu (articles 817 et 832 du Code criminel);

R.‍S.‍, c. I-1

Identification of Criminals Act

1992, c. 47, s. 74(1); 1996, c. 7, s. 39

62 (1) Subparagraph 2(1)‍(a)‍(i) of the Identification of Criminals Act is replaced by the following:

(i) an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

2019, c. 25, s. 388(1)

(2) Paragraph 2(1)‍(a) of the Act is amended by striking out “or” at the end of subparagraph 2(1)‍(a)‍(ii) and by repealing subparagraph 2(1)‍(a)‍(iii).

2019, c. 25, s. 388(2)

(3) Paragraph 2(1)‍(c) of the Act is replaced by the following:

(c) any person who is required under subsection 485.‍2(1), 500(3), 501(4) or 509(5) or section 515.‍01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is

(i) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or

(ii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; or

Related Amendments

R.‍S.‍, c. F-27

Food and Drugs Act

2019, c. 29, s. 170

63 Subsection 23(12) of the Food and Drugs Act is replaced by the following:

Means of telecommunication

(12) An application for a warrant under subsection (10) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

R.‍S.‍, c. H-3

Hazardous Products Act

2014, c. 20, s. 123

64 Subsection 22.‍1(4) of the Hazardous Products Act is replaced by the following:

Means of telecommunication

(4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

R.‍S.‍, c. P-14

Pilotage Act

2019, c. 29, s. 252

65 Subsection 46.‍13(4) of the Pilotage Act is replaced by the following:

Means of telecommunication

1996, c. 19

Controlled Drugs and Substances Act

66 Section 11 of the Controlled Drugs and Substances Act is amended by adding the following after subsection (3):

Duty of peace officer executing warrant

(4) Section 487.‍093 of the Criminal Code, other than paragraph 487.‍093(1)‍(c), applies with respect to a warrant issued under subsection (1).

1997, c. 13; 2018, c. 9, s. 2

Tobacco and Vaping Products Act

2018, c. 9, s. 45

67 Subsection 36(4) of the Tobacco and Vaping Products Act is replaced by the following:

Means of telecommunication

2000, c. 9

Canada Elections Act

2018, c. 31, s. 122

68 Subsection 175(9) of the Canada Elections Act is replaced by the following:

Means of telecommunication

(9) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

2002, c. 28

Pest Control Products Act

2016, c. 9, s. 46(2)

69 Subsection 49(4) of the Pest Control Products Act is replaced by the following:

Means of telecommunication

2009, c. 24

Human Pathogens and Toxins Act

70 Subsection 42(4) of the Human Pathogens and Toxins Act is replaced by the following:

Means of telecommunication

(4) An application for a warrant may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

2010, c. 21

Canada Consumer Product Safety Act

71 Subsection 22(4) of the Canada Consumer Product Safety Act is replaced by the following:

Means of telecommunication

2012, c. 24

Safe Food for Canadians Act

72 Subsection 26(4) of the Safe Food for Canadians Act is replaced by the following:

Means of telecommunication

2018, c. 16

Cannabis Act

73 Subsection 86(10) of the Cannabis Act is replaced by the following:

Means of telecommunication

(10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

74 Section 87 of the Act is amended by adding the following after subsection (3):

Duty of peace officer executing warrant

(4) Section 487.‍093 of the Criminal Code, other than paragraph 487.‍093(1)‍(c), applies with respect to a warrant issued under subsection (1).

2019, c. 1

Wrecked, Abandoned or Hazardous Vessels Act

75 Subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act is replaced by the following:

Means of telecommunication

Transitional Provisions

Clarification — immediate application

76 For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.

Continuation — authorizations and warrants

77 (1) The Criminal Code, as it read immediately before the day on which this Act comes into force, continues to apply with respect to

(a) an authorization given under section 184.‍3 of the Criminal Code before that day;

(b) a warrant issued under section 487.‍1 of that Act before that day;

(c) any other warrant issued before that day to which that section 487.‍1, as it read immediately before that day, applied;

(d) an application for an authorization or warrant referred to in any of paragraphs (a) to (c) that is submitted, and in respect of which no decision has been made, before that day; and

(e) any authorization that is given or warrant that is issued on or after that day on the basis of an application referred to in paragraph (d).

Certain applications for warrants

(2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:

(a) subsection 23(12) of the Food and Drugs Act;

(b) subsection 22.‍1(4) of the Hazardous Products Act;

(d) subsection 36(4) of the Tobacco and Vaping Products Act;

(e) subsection 175(9) of the Canada Elections Act;

(f) subsection 49(4) of the Pest Control Products Act;

(g) subsection 42(4) of the Human Pathogens and Toxins Act;

(h) subsection 22(4) of the Canada Consumer Product Safety Act;

(i) subsection 26(4) of the Safe Food for Canadians Act;

(j) subsection 86(10) of the Cannabis Act;

(k) subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act.

Continuation — section 489.‍1 of Criminal Code

78 Section 489.‍1 of the Criminal Code, as that section read immediately before the day on which this Act comes into force, continues to apply with respect to anything seized under a warrant issued under the Criminal Code or another Act of Parliament if the application for the warrant was made before that day.

Coming into Force

30th day after royal assent

79 This Act comes into force on the 30th day after the day on which it receives royal assent.

Published under authority of the Senate of Canada

explanatory notes

Criminal Code

Clause 1: Existing text of the definition:

summons means a summons in Form 6 issued by a judge or justice or by the chairperson of a Review Board as defined in subsection 672.‍1(1); (sommation)

Clause 2: Relevant portion of subsection 117.‍04(3):

(3) A peace officer who executes a warrant referred to in subsection (1) or who conducts a search without a warrant under subsection (2) shall forthwith make a return to the justice who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing

Clause 3: Existing text of subsection 117.‍05(1):

117.‍05 (1) Where any thing or document has been seized under subsection 117.‍04(1) or (2), the justice who issued the warrant authorizing the seizure or, if no warrant was issued, a justice who might otherwise have issued a warrant, shall, on application for an order for the disposition of the thing or document so seized made by a peace officer within thirty days after the date of execution of the warrant or of the seizure without a warrant, as the case may be, fix a date for the hearing of the application and direct that notice of the hearing be given to such persons or in such manner as the justice may specify.

Clause 4: Relevant portion of subsection 145(2):

(2) Every person is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction who,

Clause 5: Existing text of the definition:

authorization means an authorization to intercept a private communication given under section 186 or subsection 184.‍2(3), 184.‍3(6) or 188(2); (autorisation)

Clause 6: Existing text of section 184.‍3:

184.‍3 (1) Notwithstanding section 184.‍2, an application for an authorization under subsection 184.‍2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552, by telephone or other means of telecommunication, if it would be impracticable in the circumstances for the applicant to appear personally before a judge.

(2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.‍2(2)‍(a) to (e) and that states the circumstances that make it impracticable for the applicant to appear personally before a judge.

(3) The judge shall record, in writing or otherwise, the application for an authorization made under this section and, on determination of the application, shall cause the writing or recording to be placed in the packet referred to in subsection 187(1) and sealed in that packet, and a recording sealed in a packet shall be treated as if it were a document for the purposes of section 187.

(4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

(5) An applicant who uses a means of telecommunication that produces a writing may, instead of swearing an oath for the purposes of subsection (2), make a statement in writing stating that all matters contained in the application are true to the knowledge or belief of the applicant and such a statement shall be deemed to be a statement made under oath.

(6) Where the judge to whom an application is made under this section is satisfied that the circumstances referred to in paragraphs 184.‍2(3)‍(a) to (c) exist and that the circumstances referred to in subsection (2) make it impracticable for the applicant to appear personally before a judge, the judge may, on such terms and conditions, if any, as are considered advisable, give an authorization by telephone or other means of telecommunication for a period of up to thirty-six hours.

(7) Where a judge gives an authorization by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

(a) the judge shall complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

(b) the applicant shall, on the direction of the judge, complete a facsimile of the authorization in writing, noting on its face the name of the judge who gave it and the time, date and place at which it was given; and

(c) the judge shall, as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

(8) Where a judge gives an authorization by a means of telecommunication that produces a writing, the judge shall

(a) complete and sign the authorization in writing, noting on its face the time, date and place at which it is given;

(b) transmit the authorization by the means of telecommunication to the applicant, and the copy received by the applicant shall be deemed to be a facsimile referred to in paragraph (7)‍(b); and

(c) as soon as is practicable after the authorization has been given, cause the authorization to be placed in the packet referred to in subsection 187(1) and sealed in that packet.

Clause 7: Existing text of subsection 185(4):

(4) Where the judge to whom an application for an authorization and an application referred to in subsection (2) are made refuses to fix a period in substitution for the period mentioned in subsection 196(1) or where the judge fixes a period in substitution therefor that is less than the period set out in the application referred to in subsection (2), the person appearing before the judge on the application for the authorization may withdraw the application for the authorization and thereupon the judge shall not proceed to consider the application for the authorization or to give the authorization and shall return to the person appearing before him on the application for the authorization both applications and all other material pertaining thereto.

Clause 8: (1) Existing text of subsection 187(1.‍1):

(1.‍1) An authorization given under this Part need not be placed in the packet except where, pursuant to subsection 184.‍3(7) or (8), the original authorization is in the hands of the judge, in which case that judge must place it in the packet and the facsimile remains with the applicant.

(2) Existing text of subsection 187(3):

(3) An order under subsection (1.‍2), (1.‍3), (1.‍4) or (1.‍5) made with respect to documents relating to an application made pursuant to subsection 184.‍2(2) or section 184.‍3 may only be made after the Attorney General has been given an opportunity to be heard.

Clause 9: Existing text of section 188.‍1:

188.‍1 An authorization given under section 184.‍2, 184.‍3, 186 or 188 may be executed at any place in Canada. Any peace officer who executes the authorization must have authority to act as a peace officer in the place where it is executed.

Clause 10: (1) Relevant portion of subsection 320.‍29(1):

(2) Existing text of subsections 320.‍29(2) and (3):

(2) A warrant issued under subsection (1) may be in Form 5 or 5.‍1, varied to suit the case.

(3) Section 487.‍1 applies, with any modifications that the circumstances require, in respect of an application for a warrant that is submitted by telephone or other means of telecommunication.

(3) Existing text of subsection 320.‍29(5):

(5) If a warrant issued under subsection (1) is executed, the peace officer shall, as soon as practicable, give a copy of it — or, in the case of a warrant issued by telephone or other means of telecommunication, a facsimile — to the person from whom the samples of blood are taken.

Clause 11: Relevant portion of subsection 395(2):

(2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order

Clause 12: Existing text of subsection 462.‍32(4):

(4) Every person who executes a warrant issued by a judge under this section shall

(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;

(b) as soon as practicable after the execution of the warrant but within a period not exceeding seven days thereafter, prepare a report in Form 5.‍3, identifying the property seized and the location where the property is being detained, and cause the report to be filed with the clerk of the court; and

(c) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the property.

Clause 13: Relevant portion of subsection 482.‍1(1):

482.‍1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules

.‍.‍.

(b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and

Clause 14: Existing text of subsection 485(1.‍1):

(1.‍1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as the provisions of this Act or a rule made under section 482 or 482.‍1 permitting the accused not to appear personally apply.

Clause 15: New.

Clause 16: Relevant portion of subsection 487(1):

487 (1) A justice who is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in a building, receptacle or place

.‍.‍.

(e) subject to any other Act of Parliament, to, as soon as practicable, bring the thing seized before, or make a report in respect thereof to, the justice or some other justice for the same territorial division in accordance with section 489.‍1.

Clause 17: Existing text of subsection 487.‍01(7):

(7) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.‍1 applies, with such modifications as the circumstances require, to the warrant.

Clause 18: Existing text of section 487.‍02:

487.‍02 If an authorization is given under section 184.‍2, 184.‍3, 186 or 188 or a warrant is issued under this Act, the judge or justice who gives the authorization or issues the warrant may order a person to provide assistance, if the person’s assistance may reasonably be considered to be required to give effect to the authorization or warrant. The order has effect throughout Canada.

Clause 19: Relevant portion of the definition:

secondary designated offence means an offence, other than a primary designated offence, that is

.‍.‍.

(iv.‍4) section 237 (infanticide),

Clause 20: Existing text of subsection 487.‍05(3):

(3) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.‍1 applies, with such modifications as the circumstances require, to the warrant.

Clause 21: Existing text of subsection 487.‍092(4):

(4) Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.‍1 applies, with such modifications as the circumstances require, to the warrant.

Clause 22: Existing text of the heading and section 487.‍1:

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders

487.‍1 (1) If a peace officer believes that an indictable offence has been committed and that it would be impracticable to appear personally before a justice to make an application for a warrant in accordance with section 487, the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter.

(2) An information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents.

(2.‍1) The justice who receives an information submitted by a means of telecommunication that produces a writing shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice as to time and date of receipt.

(3) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

(3.‍1) A peace officer who uses a means of telecommunication referred to in subsection (2.‍1) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath.

(4) An information submitted by telephone or other means of telecommunication shall include

(a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice;

(b) a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

(c) a statement of the peace officer’s grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and

(d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

(5) A justice referred to in subsection (1) may issue a warrant to a peace officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 487(1) if the justice is satisfied that an information submitted by telephone or other means of telecommunication

(a) is in respect of an indictable offence and conforms to the requirements of subsection (4);

(b) discloses reasonable grounds for dispensing with an information presented personally and in writing; and

(c) discloses reasonable grounds in accordance with paragraph 487(1)‍(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence.

The justice may require that the warrant be executed within the period that he or she may order.

(6) Where a justice issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

(a) the justice shall complete and sign the warrant in Form 5.‍1, noting on its face the time, date and place of issuance;

(b) the peace officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.‍1, noting on its face the name of the issuing justice and the time, date and place of issuance; and

(c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

(6.‍1) Where a justice issues a warrant by a means of telecommunication that produces a writing,

(a) the justice shall complete and sign the warrant in Form 5.‍1, noting on its face the time, date and place of issuance;

(b) the justice shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (6)‍(b);

(d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

(7) A peace officer who executes a warrant issued by telephone or other means of telecommunication shall, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

(8) A peace officer who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication shall, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

(9) A peace officer to whom a warrant is issued by telephone or other means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report shall include

(a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;

(b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and

(c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the peace officer’s grounds for believing that those additional things had been obtained by, or used in, the commission of an offence.

(10) The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized pursuant to a warrant issued, on an information presented personally by a peace officer, by that justice or another justice for the same territorial division.

(11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

(12) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purposes of subsection (11).

Clause 23: Relevant portion of section 487.‍2:

487.‍2 If a search warrant is issued under section 487 or 487.‍1 or a search is made under such a warrant, every one who publishes in any document, or broadcasts or transmits in any way, any information with respect to

Clause 24: Relevant portion of section 488:

488 A warrant issued under section 487 or 487.‍1 shall be executed by day, unless

Clause 25: Existing text of subsection 488.‍01(2):

(2) Despite any other provision of this Act, if an applicant for a warrant under section 487.‍01, 487.‍1, 492.‍1 or 492.‍2, a search warrant under this Act, notably under section 487, an authorization under section 184.‍2, 184.‍3, 186 or 188, or an order under any of sections 487.‍014 to 487.‍017 knows that the application relates to a journalist’s communications or an object, document or data relating to or in the possession of a journalist, they shall make an application to a judge of a superior court of criminal jurisdiction or to a judge as defined in section 552. That judge has exclusive jurisdiction to dispose of the application.

Clause 26: Existing text of section 489.‍1:

489.‍1 (1) Subject to this or any other Act of Parliament, where a peace officer has seized anything under a warrant issued under this Act or under section 487.‍11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, the peace officer shall, as soon as is practicable,

(a) where the peace officer is satisfied,

(i) that there is no dispute as to who is lawfully entitled to possession of the thing seized, and

(ii) that the continued detention of the thing seized is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding,

return the thing seized, on being issued a receipt therefor, to the person lawfully entitled to its possession and report to the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, a justice having jurisdiction in respect of the matter, that he has done so; or

(b) where the peace officer is not satisfied as described in subparagraphs (a)‍(i) and (ii),

(i) bring the thing seized before the justice referred to in paragraph (a), or

(ii) report to the justice that he has seized the thing and is detaining it or causing it to be detained

to be dealt with by the justice in accordance with subsection 490(1).

(2) Subject to this or any other Act of Parliament, where a person, other than a peace officer, has seized anything under a warrant issued under this Act or under section 487.‍11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as is practicable,

(a) bring the thing seized before the justice who issued the warrant or some other justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in respect of the matter, or

(b) report to the justice referred to in paragraph (a) that he has seized the thing and is detaining it or causing it to be detained,

to be dealt with by the justice in accordance with subsection 490(1).

(3) A report to a justice under this section shall be in the form set out as Form 5.‍2 in Part XXVIII, varied to suit the case and shall include, in the case of a report in respect of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.‍1(9).

Clause 27: Existing text of subsection 492(1):

492 (1) Every person who executes a warrant issued under section 487 or 487.‍1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).

Clause 28: Existing text of subsection 500(3):

(3) An appearance notice may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Clause 29: Existing text of subsection 501(4):

(4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act if the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Clause 30: (1) Existing text of subsection 502.‍1(1):

502.‍1 (1) Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear personally but may appear by audioconference or videoconference, if arrangements are made with the court in advance and those arrangements are satisfactory to the justice.

(2) Existing text of subsections 502.‍1(4) and (5):

(4) A participant, as defined in subsection 715.‍25(1), who is to participate in a proceeding under this Part shall participate personally but may participate by audioconference or videoconference, if it is satisfactory to the justice.

(5) The justice who is to preside at a proceeding under this Part shall preside personally but may preside by audioconference or videoconference, if the justice considers it necessary in the circumstances.

Clause 31: Existing text of subsection 509(5):

(5) A summons may require the accused to appear at a time and place stated in it for the purposes of the Identification of Criminals Act, where the accused is alleged to have committed an indictable offence and, in the case of an offence designated as a contravention under the Contraventions Act, the Attorney General, within the meaning of that Act, has not made an election under section 50 of that Act.

Clause 32: Existing text of subsection 515(2.‍2):

(2.‍2) If, by this Act, the appearance of an accused is required for the purposes of judicial interim release, the accused shall appear personally but the justice may allow the accused to appear by videoconference or, subject to subsection (2.‍3), by audioconference, if the technological means is satisfactory to the justice.

Clause 33: New.

Clause 34: Existing text of section 529.‍5:

529.‍5 If a peace officer believes that it would be impracticable in the circumstances to appear personally before a judge or justice to make an application for a warrant under section 529.‍1 or an authorization under section 529 or 529.‍4, the warrant or authorization may be issued on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.‍1 applies, with any modifications that the circumstances require, to the warrant or authorization.

Clause 35: (1) and (2) Relevant portion of subsection 537(1):

537 (1) A justice acting under this Part may

.‍.‍.

(j) if the prosecutor and the accused so agree, permit the accused to appear by counsel or by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken;

.‍.‍.

(k) require an accused who is confined in prison to appear by closed-circuit television or videoconference, for any part of the inquiry other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

Clause 36: (1) Existing text of subsections 555(1) and (1.‍1):

555 (1) If in any proceedings under this Part an accused is before a provincial court judge and it appears to the provincial court judge that for any reason the charge should be prosecuted in superior court, the provincial court judge may, at any time before the accused has entered a defence, decide not to adjudicate and shall then inform the accused of the decision.

(1.‍1) If the provincial court judge has decided not to adjudicate, the judge shall put the accused to an election in the following words:

You have the option to elect to be tried by a superior court judge without a jury or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you are entitled to one and you or the prosecutor requests one. How do you elect to be tried?

(2) Relevant portion of subsection 555(3):

(3) If an accused is put to their election under subsection (1.‍1) or (2), the following provisions apply:

(a) if the accused elects to be tried by a superior court judge without a jury or a court composed of a judge and jury or does not elect when put to their election, the provincial court judge shall endorse on the information a record of the nature of the election or deemed election; and

Clause 37: Existing text of subsection 606(5):

(5) For greater certainty, subsections 650(1.‍1) and (1.‍2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections.

Clause 38: New.

Clause 39: Existing text of subsections 650(1) to (1.‍2):

650 (1) Subject to subsections (1.‍1) to (2) and section 650.‍01, an accused, other than an organization, shall be present in court during the whole of his or her trial.

(1.‍1) If the court so orders, and if the prosecutor and the accused so agree, the accused may appear by counsel or by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken.

(1.‍2) If the court so orders, an accused who is confined in prison may appear by closed-circuit television or videoconference, for any part of the trial other than a part in which the evidence of a witness is taken, as long as the accused is given the opportunity to communicate privately with counsel if they are represented by counsel.

Clause 40: Existing text of subsection 669.‍2(5):

(5) Where a trial is continued under paragraph (4)‍(a), any evidence that was adduced before a judge referred to in paragraph (1)‍(c) is deemed to have been adduced before the judge before whom the trial is continued but, where the prosecutor and the accused so agree, any part of that evidence may be adduced again before the judge before whom the trial is continued.

Clause 41: Relevant portion of the definition:

sentence includes

.‍.‍.

(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.‍2(1) or 194(1), section 259, 261 or 462.‍37, subsection 491.‍1(2), 730(1) or 737(2.‍1) or (3) or section 738, 739, 742.‍1, 742.‍3, 743.‍6, 745.‍4 or 745.‍5,

Clause 42: Existing text of subsection 680(1):

Clause 43: Relevant portion of subsection 688(2.‍1):

(2.‍1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

Clause 44: Relevant portion of section 714.‍1:

714.‍1 A court may order that a witness in Canada give evidence by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

.‍.‍.

(b) the costs that would be incurred if the witness were to appear personally;

Clause 45: Existing text of section 715.‍21:

715.‍21 Except as otherwise provided in this Act, a person who appears at, participates in or presides at a proceeding shall do so personally.

Clause 46: Existing text of the heading before section 715.‍23 and sections 715.‍23 and 715.‍24:

Accused

715.‍23 (1) Except as otherwise provided in this Act, the court may order an accused to appear by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

(a) the location and personal circumstances of the accused;

(b) the costs that would be incurred if the accused were to appear personally;

(d) the accused’s right to a fair and public hearing; and

(e) the nature and seriousness of the offence.

(2) If the court does not make an order under subsection (1) it shall include in the record a statement of the reasons for not doing so.

(3) The court may, at any time, cease the use of the technological means referred to in subsection (1) and take any measure that the court considers appropriate in the circumstances to have the accused appear at the proceeding.

715.‍24 Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by videoconference, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary.

Clause 47: (1) Existing text of subsection 715.‍25(1):

715.‍25 (1) In this section, participant means any person, other than an accused, a witness, a juror, a judge or a justice, who may participate in a proceeding.

(2) and (3) Relevant portion of subsection 715.‍25(2):

(2) Except as otherwise provided in this Act, the court may order a participant to participate in a proceeding by audioconference or videoconference, if the court is of the opinion that it would be appropriate having regard to all the circumstances, including

.‍.‍.

(b) the costs that would be incurred if the participant were to participate personally;

(4) Existing text of subsections 715.‍25(3) and (4):

(3) If the court does not make an order under subsection (2) it shall include in the record a statement of the reasons for not doing so.

(4) The court may, at any time, cease the use of the technological means referred to in subsection (2) and take any measure that the court considers appropriate in the circumstances to have the participant participate in the proceeding.

Clause 48: New.

Clause 49: Relevant portion of subsection 742.‍6(1):

742.‍6 (1) For the purpose of proceedings under this section,

.‍.‍.

(f) any judge of a superior court of criminal jurisdiction or of a court of criminal jurisdiction or any justice of the peace may issue a warrant to arrest no matter which court, judge or justice sentenced the offender, and the provisions that apply to the issuance of telewarrants apply, with any modifications that the circumstances require, as if a breach of condition were an indictable offence.

(2) New.

Clause 50: Existing text of section 774.‍1:

774.‍1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court.

Clause 51: Relevant portion of the definition:

sentence includes

.‍.‍.

(b) an order made under subsection 109(1) or 110(1), section 259 or 261, subsection 730(1) or 737(2.‍1) or (3) or section 738, 739, 742.‍1 or 742.‍3,

Clause 52: Existing text of section 795:

795 The provisions of Parts XVI and XVIII with respect to compelling the appearance of an accused before a justice, and the provisions of Parts XVIII.‍1, XX and XX.‍1, in so far as they are not inconsistent with this Part, apply, with any necessary modifications, to proceedings under this Part.

Clause 53: (1) Existing text of subsection 800(2):

(2) A defendant may appear personally or by counsel or agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the arrest of the defendant and adjourn the trial to await his appearance pursuant thereto.

(2) Existing text of subsection 800(2.‍1):

(2.‍1) If the summary conviction court so orders and the defendant agrees, the defendant who is confined in prison may appear by closed-circuit television or videoconference, as long as the defendant is given the opportunity to communicate privately with counsel if they are represented by counsel.

Clause 54: Existing text of subsection 817(2):

(2) The condition of a recognizance entered into under this section is that the prosecutor will appear personally or by counsel at the sittings of the appeal court at which the appeal is to be heard.

Clause 55: Existing text of the heading:

Remote Appearance by Incarcerated Accused

Clause 56: Relevant portion of Form 5.‍04:

Whereas (name of person), in this order called the “person”,

.‍.‍.

(b) has been convicted under the Criminal Code, discharged under section 730 of that Act or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of, or has been found not criminally responsible on account of mental disorder for, (offence), which, on the day on which the person was sentenced or discharged or the finding was made, was one of the following secondary designated offences within the meaning of section 487.‍04 of the Criminal Code (check applicable box):

[ ]: (i) an offence under the Criminal Code for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

[ ]: (i.‍01) an offence under any of sections 9 to 14 of the Cannabis Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

[ ]: (ii) an offence under any of sections 5 to 7 of the Controlled Drugs and Substances Act for which the maximum punishment is imprisonment for five years or more and that was prosecuted by indictment,

[ ]: (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 264, 264.‍1, 266 and 270, subsections 286.‍1(1) and 320.‍16(1), paragraph 348(1)‍(e) and sections 349 and 423 of the Criminal Code,

[ ]: (iv) an offence under section 433 or 434 of the Criminal Code as that section read from time to time before July 1, 1990,

[ ]: (iv.‍1) an offence under section 252 of the Criminal Code, as it read from time to time before the day on which section 14 of An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts comes into force, or

[ ]: (v) an attempt or a conspiracy to commit an offence referred to in any of subparagraphs (i) to (ii) that was prosecuted by indictment (or, if applicable, an attempt or a conspiracy to commit an offence referred to in subparagraph (iii) or (iv));

Clause 57: Existing text of Forms 5.‍1 and 5.‍2:

FORM 5.‍1

(Sections 320.‍29 and 487.‍1)

Warrant To Search

Canada,

Province of [specify province].

To A.‍B. and other peace officers in the [territorial division in which the warrant is intended for execution]:

Whereas it appears on the oath of A.‍B.‍, a peace officer in the [territorial division in which the warrant is intended for execution], that there are reasonable grounds for dispensing with an information presented personally and in writing; and that there are reasonable grounds for believing that the following things

[describe things to be searched for]

relevant to the investigation of the following indictable offence

[describe offence in respect of which search is to be made]

are to be found in the following place or premises

[describe place or premises to be searched]:

This is, therefore, to authorize you to enter the said place or premises between the hours of [as the justice may direct] and to search for and seize the said things and to report thereon as soon as practicable but within a period not exceeding seven days after the execution of the warrant to the clerk of the court for the [territorial division in which the warrant is intended for execution].

Issued at [time] on the [day] of [month] A.‍D. [year], at [place].

A Judge of the Provincial Court in and for the Province of [specify province].

To the Occupant: This search warrant was issued by telephone or other means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath.

You may obtain from the clerk of the court a copy of the report filed by the peace officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held.

FORM 5.‍2

(Section 489.‍1)

Report to a Justice

Canada,

Province of ,

(territorial division).

To the justice who issued a warrant to the undersigned under section 320.‍29, 487 or 487.‍1 of the Criminal Code (or another justice for the same territorial division or, if no warrant was issued, any justice having jurisdiction in respect of the matter).

I, (name of the peace officer or other person) have (state here whether you have acted under a warrant issued under section 320.‍29, 487 or 487.‍1 of the Criminal Code or under section 489 of the Criminal Code or otherwise in the execution of duties under the Criminal Code or other Act of Parliament to be specified)

1 searched the premises situated at ; and

2 seized the following things and dealt with them as follows:

Property Seized (describe each thing seized)	Disposition (state, in respect of each thing seized, whether (a) it was returned to the person lawfully entitled to its possession, in which case the receipt for it shall be attached to this report; or (b) it is being detained to be dealt with according to law, in which case indicate the location and manner in which or, if applicable, the person by whom, it is being detained.)
1.
2.
3.
4.

In the case of a warrant issued by telephone or other means of telecommunication, the statements referred to in subsection 487.‍1(9) of the Criminal Code shall be specified in the report.

Dated (date), at (place).

Signature of the peace officer or other person

Clause 58: New.

Clause 59: Existing text of item 3 of Form 10:

3 Charge(s)

(set out briefly the offence in respect of which the accused was charged)

Clause 60: New.

Clause 61: Existing text of paragraph (m) under the heading “List of Conditions” in Form 32:

(m) appears personally or by counsel at the sittings of the appeal court at which the appeal is to be heard (sections 817 and 832 of the Criminal Code);

Identification of Criminals Act

Clause 62: (1) and (2) Relevant portion of subsection 2(1):

2 (1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:

(a) any person who is in lawful custody charged with or convicted of

(i) an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act,

.‍.‍.

(iii) an offence punishable on summary conviction if that offence may also be prosecuted as an indictable offence described in subparagraph (i);

(3) Relevant portion of subsection 2(1):

.‍.‍.

(c) any person alleged to have committed an indictable offence, other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, who is required under subsection 500(3), 501(4) or 509(5) of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking or summons; or

Food and Drugs Act

Clause 63: Existing text of subsection 23(12):

(12) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (10), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Hazardous Products Act

Clause 64: Existing text of subsection 22.‍1(4):

(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), the warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Pilotage Act

Clause 65: Existing text of subsection 46.‍13(4):

(4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.

Controlled Drugs and Substances Act

Clause 66: New.

Tobacco and Vaping Products Act

Clause 67: Existing text of subsection 36(4):

(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.

Canada Elections Act

Clause 68: Existing text of subsection 175(9):

(9) If a returning officer believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Pest Control Products Act

Clause 69: Existing text of subsection 49(4):

(4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.

Human Pathogens and Toxins Act

Clause 70: Existing text of subsection 42(4):

(4) If an inspector believes that it would not be practicable to appear personally to make an application for the warrant, a warrant may be issued by telephone or other means of telecommunication on application submitted by any one of those means. Section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.

Canada Consumer Product Safety Act

Clause 71: Existing text of subsection 22(4):

(4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on application submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Safe Food for Canadians Act

Clause 72: Existing text of subsection 26(4):

Cannabis Act

Clause 73: Existing text of subsection 86(10):

(10) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Clause 74: New.

Wrecked, Abandoned or Hazardous Vessels Act

Clause 75: Existing text of subsection 75(4):

(4) If an enforcement officer believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.