An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
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Assented to 2001-12-18
CONSEQUENTIAL AMENDMENTS
1993, c. 37Seized Property Management Act
Marginal note:1996, c. 19, s. 89(1)
78. Paragraph 9(a) of the Act is replaced by the following:
(a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property;
Marginal note:1996, c. 19, s. 91
79. Paragraph 11(a) of the Act is replaced by the following:
(a) the proceeds of disposition of
(i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or
(ii) property that is or was the subject of a management order and that was forfeited pursuant to subsection 490(9) of the Criminal Code
and the proceeds arising from the disposition of property by that foreign state, and
COORDINATING AMENDMENTS
Marginal note:2000, c. 17
80. On the later of the coming into force of subparagraph 11(a)(i) of the Seized Property Management Act, as enacted by section 96 of the Proceeds of Crime (Money Laundering) Act, and section 79 of this Act, subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:
(i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) Act, or
Marginal note:Bill C-11
81. (1) If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) and (3) are amended as provided in those subsections.
Marginal note:Criminal Code — section 183 replaced
(2) On the later of the coming into force of section 4 of this Act and section 245 of the other Act, the definition “offence” in section 183 of the Criminal Code is replaced by the following:
“offence”
« infraction »
“offence” means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a) any of the following provisions of this Act, namely,
(i) section 47 (high treason),
(ii) section 51 (intimidating Parliament or a legislature),
(iii) section 52 (sabotage),
(iv) section 57 (forgery, etc.),
(v) section 61 (sedition),
(vi) section 76 (hijacking),
(vii) section 77 (endangering safety of aircraft or airport),
(viii) section 78 (offensive weapons, etc., on aircraft),
(ix) section 78.1 (offences against maritime navigation or fixed platforms),
(x) section 80 (breach of duty),
(xi) section 81 (using explosives),
(xii) section 82 (possessing explosives),
(xiii) section 96 (possession of weapon obtained by commission of offence),
(xiv) section 99 (weapons trafficking),
(xv) section 100 (possession for purpose of weapons trafficking),
(xvi) section 102 (making automatic firearm),
(xvii) section 103 (importing or exporting knowing it is unauthorized),
(xviii) section 104 (unauthorized importing or exporting),
(xix) section 119 (bribery, etc.),
(xx) section 120 (bribery, etc.),
(xxi) section 121 (fraud on government),
(xxii) section 122 (breach of trust),
(xxiii) section 123 (municipal corruption),
(xxiv) section 132 (perjury),
(xxv) section 139 (obstructing justice),
(xxvi) section 144 (prison breach),
(xxvii) subsection 145(1) (escape, etc.),
(xxviii) paragraph 163(1)(a) (obscene materials),
(xxix) section 163.1 (child pornography),
(xxx) section 184 (unlawful interception),
(xxxi) section 191 (possession of intercepting device),
(xxxii) subsection 201(1) (keeping gaming or betting house),
(xxxiii) paragraph 202(1)(e) (pool-selling, etc.),
(xxxiv) subsection 210(1) (keeping common bawdy house),
(xxxv) subsection 212(1) (procuring),
(xxxvi) subsection 212(2) (procuring),
(xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years),
(xxxviii) subsection 212(4) (offence — prostitution of person under eighteen),
(xxxix) section 235 (murder),
(xl) section 264.1 (uttering threats),
(xli) section 267 (assault with a weapon or causing bodily harm),
(xlii) section 268 (aggravated assault),
(xliii) section 269 (unlawfully causing bodily harm),
(xliv) section 271 (sexual assault),
(xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xlvi) section 273 (aggravated sexual assault),
(xlvii) section 279 (kidnapping),
(xlviii) section 279.1 (hostage taking),
(xlix) section 280 (abduction of person under sixteen),
(l) section 281 (abduction of person under fourteen),
(li) section 282 (abduction in contravention of custody order),
(lii) section 283 (abduction),
(liii) section 318 (advocating genocide),
(liv) section 327 (possession of device to obtain telecommunication facility or service),
(lv) section 334 (theft),
(lvi) section 342 (theft, forgery, etc., of credit card),
(lvii) section 342.1 (unauthorized use of computer),
(lviii) section 342.2 (possession of device to obtain computer service),
(lix) section 344 (robbery),
(lx) section 346 (extortion),
(lxi) section 347 (criminal interest rate),
(lxii) section 348 (breaking and entering),
(lxiii) section 354 (possession of property obtained by crime),
(lxiv) section 356 (theft from mail),
(lxv) section 367 (forgery),
(lxvi) section 368 (uttering forged document),
(lxvii) section 372 (false messages),
(lxviii) section 380 (fraud),
(lxix) section 381 (using mails to defraud),
(lxx) section 382 (fraudulent manipulation of stock exchange transactions),
(lxxi) section 423.1 (intimidation of justice system participant or journalist),
(lxxii) section 424 (threat to commit offences against internationally protected person),
(lxxiii) section 426 (secret commissions),
(lxxiv) section 430 (mischief),
(lxxv) section 431 (attack on premises, residence or transport of internationally protected person),
(lxxvi) section 433 (arson),
(lxxvii) section 434 (arson),
(lxxviii) section 434.1 (arson),
(lxxix) section 435 (arson for fraudulent purpose),
(lxxx) section 449 (making counterfeit money),
(lxxxi) section 450 (possession, etc., of counterfeit money),
(lxxxii) section 452 (uttering, etc., counterfeit money),
(lxxxiii) section 462.31 (laundering proceeds of crime),
(lxxxiv) subsection 462.33(11) (acting in contravention of restraint order), or
(lxxxv) section 467.11 (participation in criminal organization),
(lxxxvi) section 467.12 (commission of offence for criminal organization), or
(lxxxvii) section 467.13 (instructing commission of offence for criminal organization),
(b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act,
(c) any of the following provisions of the Competition Act, namely,
(i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act,
(ii) section 47 (bid-rigging), or
(iii) subsection 52.1(3) (deceptive telemarketing),
(d) any of the following provisions of the Controlled Drugs and Substances Act, namely,
(i) section 5 (trafficking),
(ii) section 6 (importing and exporting), or
(iii) section 7 (production),
(e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act,
(e.1) the Crimes Against Humanity and War Crimes Act,
(f) either of the following provisions of the Customs Act, namely,
(i) section 153 (false statements), or
(ii) section 159 (smuggling),
(g) any of the following provisions of the Excise Act, namely,
(i) section 158 (unlawful distillation of spirits),
(ii) section 163 (unlawful selling of spirits),
(iii) subsection 233(1) (unlawful packaging or stamping), or
(iv) subsection 240(1) (unlawful possession or sale of manufactured tobacco or cigars),
(h) any of the following provisions of the Export and Import Permits Act, namely,
(i) section 13 (export or attempt to export),
(ii) section 14 (import or attempt to import),
(iii) section 15 (diversion, etc.),
(iv) section 16 (no transfer of permits),
(v) section 17 (false information), or
(vi) section 18 (aiding and abetting),
(i) any of the following provisions of the Immigration and Refugee Protection Act, namely,
(i) section 117 (organizing entry into Canada),
(ii) section 118 (trafficking in persons),
(iii) section 119 (disembarking persons at sea),
(iv) section 122 (offences related to documents),
(v) section 126 (counselling misrepresentation), or
(vi) section 129 (offences relating to officers), or
(j) section 3 (spying) of the Official Secrets Act,
and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;
Marginal note:Immigration and Refugee Protection Act — sections 130, 131, 132 and 246
(3) On the latest of the coming into force of subsections 12(5) and (6) of this Act and section 130 of the other Act,
(a) section 130 of the other Act is repealed;
(b) section 131 of the other Act is replaced by the following:
Marginal note:Counselling offence
131. Every person who knowingly induces, aids or abets or attempts to induce, aid or abet any person to contravene section 117, 118, 119, 122, 124 or 129, or who counsels a person to do so, commits an offence and is liable to the same penalty as that person.
(c) section 132 of the other Act is repealed; and
(d) section 246 of the other Act is repealed.
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