SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Tackling Violent Crime Act.

R.S., c. C-46CRIMINAL CODE

2. Section 84 of the Criminal Code is amended by adding the following after subsection (4):

Marginal note:2003, c. 8, s. 3

• 3. (1) Paragraph 85(1)(a) of the Act is replaced by the following:

  • (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (discharging firearm with intent), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion),

• Marginal note:1995, c. 39, s. 139

  (2) Subsection 85(3) of the Act is amended by adding the word “and” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:

  • (b) in the case of a second or subsequent offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of three years.

Marginal note:1995, c. 39, s. 139

4. Subsections 91(1) and (2) of the Act are replaced by the following:

Marginal note:1995, c. 39, s. 139

5. Subsections 92(1) and (2) of the Act are replaced by the following:

Marginal note:1995, c. 39, s. 139

6. The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:1995, c. 39, s. 139

7. The portion of subsection 94(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:1995, c. 39, s. 139

• 8. (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Possession of prohibited or restricted firearm with ammunition

  • 95. (1) Subject to subsection (3), every person commits an offence who, in any place, possesses a loaded prohibited firearm or restricted firearm, or an unloaded prohibited firearm or restricted firearm together with readily accessible ammunition that is capable of being discharged in the firearm, unless the person is the holder of

• Marginal note:1995, c. 39, s. 139

  (2) Paragraph 95(2)(a) of the Act is replaced by the following:

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, three years, and

    • (ii) in the case of a second or subsequent offence, five years; or

Marginal note:1995, c. 39, s. 139

9. Section 98 of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 139

10. Subsection 99(2) of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 139

11. Subsection 100(2) of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 139

12. Subsection 103(2) of the Act is replaced by the following:

Marginal note:R.S., c. 19 (3rd Supp.), s. 1; 2005, c. 32, s. 2(1)

• 13. (1) Subsections 150.1(1) and (2) of the Act are replaced by the following:

  Marginal note:Consent no defence

  • 150.1 (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge.

  • Marginal note:Exception — complainant aged 12 or 13

    (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused

    • (a) is less than two years older than the complainant; and

    • (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

  • Marginal note:Exception — complainant aged 14 or 15

    (2.1) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if

    • (a) the accused

      • (i) is less than five years older than the complainant; and

      • (ii) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant; or

    • (b) the accused is married to the complainant.

  • Marginal note:Exception for transitional purposes

    (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force,

    • (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and

    • (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant.

• (2) Section 150.1 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Mistake of age

    (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant.

Marginal note:2002, c. 13, s. 8

14. Paragraphs 172.1(1)(b) and (c) of the Act are replaced by the following:

15. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xiii):

Marginal note:1995, c. 39, s. 143

16. Section 239 of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 144

17. Section 244 of the Act is replaced by the following:

18. Section 253 of the Act is renumbered as subsection 253(1) and is amended by adding the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 36

• 19. (1) The portion of subsection 254(1) of the Act before the definition “analyst” is replaced by the following:

  Marginal note:Definitions

  • 254. (1) In this section and sections 254.1 to 258.1,

• (2) Subsection 254(1) of the Act is amended by adding the following in alphabetical order:

  “evaluating officer”

  « agent évaluateur »

  “evaluating officer” means a peace officer who is qualified under the regulations to conduct evaluations under subsection (3.1);

• Marginal note:R.S., c. 27 (1st Supp.), s. 36, c. 1 (4th Supp.), ss. 14 and 18 (Sch. I, item 6)(F), c. 32 (4th Supp.), s. 60; 1999, c. 32, s. 2

  (3) Subsections 254(2) to (6) of the Act are replaced by the following:

  • Marginal note:Testing for presence of alcohol or a drug

    (2) If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, operated or assisted in the operation of an aircraft or railway equipment or had the care or control of a motor vehicle, a vessel, an aircraft or railway equipment, whether it was in motion or not, the peace officer may, by demand, require the person to comply with paragraph (a), in the case of a drug, or with either or both of paragraphs (a) and (b), in the case of alcohol:

    • (a) to perform forthwith physical coordination tests prescribed by regulation to enable the peace officer to determine whether a demand may be made under subsection (3) or (3.1) and, if necessary, to accompany the peace officer for that purpose; and

    • (b) to provide forthwith a sample of breath that, in the peace officer’s opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.

  • Marginal note:Video recording

    (2.1) For greater certainty, a peace officer may make a video recording of a performance of the physical coordination tests referred to in paragraph (2)(a).

  • Marginal note:Samples of breath or blood

    (3) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under section 253 as a result of the consumption of alcohol, the peace officer may, by demand made as soon as practicable, require the person

    • (a) to provide, as soon as practicable,

      • (i) samples of breath that, in a qualified technician’s opinion, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood, or

      • (ii) if the peace officer has reasonable grounds to believe that, because of their physical condition, the person may be incapable of providing a sample of breath or it would be impracticable to obtain a sample of breath, samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine the concentration, if any, of alcohol in the person’s blood; and

    • (b) if necessary, to accompany the peace officer for that purpose.

  • Marginal note:Evaluation

    (3.1) If a peace officer has reasonable grounds to believe that a person is committing, or at any time within the preceding three hours has committed, an offence under paragraph 253(1)(a) as a result of the consumption of a drug or of a combination of alcohol and a drug, the peace officer may, by demand made as soon as practicable, require the person to submit, as soon as practicable, to an evaluation conducted by an evaluating officer to determine whether the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, and to accompany the peace officer for that purpose.

  • Marginal note:Video recording

    (3.2) For greater certainty, a peace officer may make a video recording of an evaluation referred to in subsection (3.1).

  • Marginal note:Testing for presence of alcohol

    (3.3) If the evaluating officer has reasonable grounds to suspect that the person has alcohol in their body and if a demand was not made under paragraph (2)(b) or subsection (3), the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable, a sample of breath that, in the evaluating officer’s opinion, will enable a proper analysis to be made by means of an approved instrument.

  • Marginal note:Samples of bodily substances

    (3.4) If, on completion of the evaluation, the evaluating officer has reasonable grounds to believe, based on the evaluation, that the person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the evaluating officer may, by demand made as soon as practicable, require the person to provide, as soon as practicable,

    • (a) a sample of either oral fluid or urine that, in the evaluating officer’s opinion, will enable a proper analysis to be made to determine whether the person has a drug in their body; or

    • (b) samples of blood that, in the opinion of the qualified medical practitioner or qualified technician taking the samples, will enable a proper analysis to be made to determine whether the person has a drug in their body.

  • Marginal note:Condition

    (4) Samples of blood may be taken from a person under subsection (3) or (3.4) only by or under the direction of a qualified medical practitioner who is satisfied that taking the samples would not endanger the person’s life or health.

  • Marginal note:Failure or refusal to comply with demand

    (5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section.

  • Marginal note:Only one determination of guilt

    (6) A person who is convicted of an offence under subsection (5) for a failure or refusal to comply with a demand may not be convicted of another offence under that subsection in respect of the same transaction.

20. The Act is amended by adding the following after section 254:

Marginal note:R.S., c. 27 (1st Supp.), s. 36; 1999, c. 32, s. 3

• 21. (1) Subparagraphs 255(1)(a)(i) to (iii) of the Act are replaced by the following:

  • (i) for a first offence, to a fine of not less than $1,000,

  • (ii) for a second offence, to imprisonment for not less than 30 days, and

  • (iii) for each subsequent offence, to imprisonment for not less than 120 days;

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (2) Paragraph 255(1)(c) of the Act is replaced by the following:

  • (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months.

• Marginal note:R.S., c. 27 (1st Supp.), s. 36; 2000, c. 25, s. 2

  (3) Subsections 255(2) and (3) of the Act are replaced by the following:

  • Marginal note:Impaired driving causing bodily harm

    (2) Everyone who commits an offence under paragraph 253(1)(a) and causes bodily harm to another person as a result is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Blood alcohol level over legal limit — bodily harm

    (2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Failure or refusal to provide sample — bodily harm

    (2.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

  • Marginal note:Impaired driving causing death

    (3) Everyone who commits an offence under paragraph 253(1)(a) and causes the death of another person as a result is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Blood alcohol level over legal limit — death

    (3.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in the death of another person is guilty of an indictable offence and liable to imprisonment for life.

  • Marginal note:Failure or refusal to provide sample — death

    (3.2) Everyone who commits an offence under subsection 254(5) and, at the time of committing the offence, knows or ought to know that their operation of the motor vehicle, vessel, aircraft or railway equipment, their assistance in the operation of the aircraft or railway equipment or their care or control of the motor vehicle, vessel, aircraft or railway equipment caused an accident resulting in the death of another person, or in bodily harm to another person whose death ensues, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (4) The portion of subsection 255(4) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Previous convictions

    (4) A person who is convicted of an offence committed under section 253 or subsection 254(5) is, for the purposes of this Act, deemed to be convicted for a second or subsequent offence, as the case may be, if they have previously been convicted of

    • (a) an offence committed under either of those provisions;

Marginal note:R.S., c. 27 (1st Supp.), s. 36

22. Subsection 256(5) of the Act is replaced by the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 36

23. Subsection 257(2) of the Act is replaced by the following:

Marginal note:R.S., c. 27 (1st Supp.), s. 36

• 24. (1) The portion of subsection 258(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Proceedings under section 255

  • 258. (1) In any proceedings under subsection 255(1) in respect of an offence committed under section 253 or subsection 254(5) or in any proceedings under any of subsections 255(2) to (3.2),

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (2) Paragraph 258(1)(b) of the Act is replaced by the following:

  • (b) the result of an analysis of a sample of the accused’s breath, blood, urine or other bodily substance — other than a sample taken under subsection 254(3), (3.3) or (3.4) — may be admitted in evidence even if the accused was not warned before they gave the sample that they need not give the sample or that the result of the analysis of the sample might be used in evidence;

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

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

  • c) lorsque des échantillons de l’haleine de l’accusé ont été prélevés conformément à un ordre donné en vertu du paragraphe 254(3), la preuve des résultats des analyses fait foi de façon concluante, en l’absence de toute preuve tendant à démontrer à la fois que les résultats des analyses montrant une alcoolémie supérieure à quatre-vingts milligrammes d’alcool par cent millilitres de sang découlent du mauvais fonctionnement ou de l’utilisation incorrecte de l’alcootest approuvé et que l’alcoolémie de l’accusé au moment où l’infraction aurait été commise ne dépassait pas quatre-vingts milligrammes d’alcool par cent millilitres de sang, de l’alcoolémie de l’accusé tant au moment des analyses qu’à celui où l’infraction aurait été commise, ce taux correspondant aux résultats de ces analyses, lorsqu’ils sont identiques, ou au plus faible d’entre eux s’ils sont différents, si les conditions suivantes sont réunies :

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (4) The portion of paragraph 258(1)(c) of the English version of the Act after subparagraph (iv) is replaced by the following:

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

• Marginal note:R.S., c. 27 (1st Supp.), s. 36; 1997, c. 18, ss. 10(1) and (2)

  (5) Paragraphs 258(1)(d) and (d.1) of the Act are replaced by the following:

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

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

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

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

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

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

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

  • (d.01) for greater certainty, evidence tending to show that an approved instrument was malfunctioning or was operated improperly, or that an analysis of a sample of the accused’s blood was performed improperly, does not include evidence of

    • (i) the amount of alcohol that the accused consumed,

    • (ii) the rate at which the alcohol that the accused consumed would have been absorbed and eliminated by the accused’s body, or

    • (iii) a calculation based on that evidence of what the concentration of alcohol in the accused’s blood would have been at the time when the offence was alleged to have been committed;

  • (d.1) if samples of the accused’s breath or a sample of the accused’s blood have been taken as described in paragraph (c) or (d) under the conditions described in that paragraph and the results of the analyses show a concentration of alcohol in blood exceeding 80 mg of alcohol in 100 mL of blood, evidence of the results of the analyses is proof that the concentration of alcohol in the accused’s blood at the time when the offence was alleged to have been committed exceeded 80 mg of alcohol in 100 mL of blood, in the absence of evidence tending to show that the accused’s consumption of alcohol was consistent with both

    • (i) a concentration of alcohol in the accused’s blood that did not exceed 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed, and

    • (ii) the concentration of alcohol in the accused’s blood as determined under paragraph (c) or (d), as the case may be, at the time when the sample or samples were taken;

• (6) Subsection 258(1) of the Act is amended by adding the following after paragraph (f):

  • (f.1) the document printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made the analysis of a sample of the accused’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person appearing to have signed it;

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

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

  • (h) if a sample of the accused’s blood has been taken under subsection 254(3) or (3.4) or section 256 or with the accused’s consent,

• Marginal note:R.S., c. 27 (1st Supp.), s. 36

  (8) Clause 258(1)(h)(i)(A) of the Act is replaced by the following:

  • (A) they took the sample and before the sample was taken they were of the opinion that taking it would not endanger the accused’s life or health and, in the case of a demand made under section 256, that by reason of any physical or mental condition of the accused that resulted from the consumption of alcohol or a drug, the accident or any other occurrence related to or resulting from the accident, the accused was unable to consent to the taking of the sample,

• Marginal note:R.S., c. 27 (1st Supp.), s. 36; 1997, c. 18, s. 10(3)

  (9) Subsections 258(2) to (6) of the Act are replaced by the following:

  • Marginal note:Evidence of failure to give sample

    (2) Unless a person is required to give a sample of a bodily substance under paragraph 254(2)(b) or subsection 254(3), (3.3) or (3.4), evidence that they failed or refused to give a sample for analysis for the purposes of this section or that a sample was not taken is not admissible and the failure, refusal or fact that a sample was not taken shall not be the subject of comment by any person in the proceedings.

  • Marginal note:Evidence of failure to comply with demand

    (3) In any proceedings under subsection 255(1) in respect of an offence committed under paragraph 253(1)(a) or in any proceedings under subsection 255(2) or (3), evidence that the accused, without reasonable excuse, failed or refused to comply with a demand made under section 254 is admissible and the court may draw an inference adverse to the accused from that evidence.

  • Marginal note:Release of sample for analysis

    (4) If, at the time a sample of an accused’s blood is taken, an additional sample is taken and retained, a judge of a superior court of criminal jurisdiction or a court of criminal jurisdiction shall, on the summary application of the accused made within six months after the day on which the samples were taken, order the release of one of the samples for the purpose of examination or analysis, subject to any terms that appear to be necessary or desirable to ensure that the sample is safeguarded and preserved for use in any proceedings in respect of which it was taken.

  • Marginal note:Testing of blood for concentration of a drug

    (5) A sample of an accused’s blood taken under subsection 254(3) or section 256 or with the accused’s consent for the purpose of analysis to determine the concentration, if any, of alcohol in the blood may be tested to determine the concentration, if any, of a drug in the blood.

  • Marginal note:Attendance and right to cross-examine

    (6) A party against whom a certificate described in paragraph (1)(e), (f), (f.1), (g), (h) or (i) is produced may, with leave of the court, require the attendance of the qualified medical practitioner, analyst or qualified technician, as the case may be, for the purposes of cross-examination.

25. The Act is amended by adding the following after section 258:

Marginal note:1999, c. 32, s. 5(1); 2006, c. 14, s. 3(1)(F)

• 26. (1) Subsection 259(1) of the Act is replaced by the following:

  Marginal note:Mandatory order of prohibition

  • 259. (1) When an offender is convicted of an offence committed under section 253 or 254 or this section or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

    • (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

    • (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

    • (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

• Marginal note:2000, c. 2, s. 2

  (2) The portion of subsection 259(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Discretionary order of prohibition

    (2) If an offender is convicted or discharged under section 730 of an offence under section 220, 221, 236, 249, 249.1, 250, 251 or 252 or any of subsections 255(2) to (3.2) committed by means of a motor vehicle, a vessel, an aircraft or railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel, an aircraft or railway equipment, as the case may be,

Marginal note:2006, c. 14, s. 5

27. Section 261 of the Act is replaced by the following:

Marginal note:1995, c. 39, s. 145

• 28. (1) Paragraph 272(2)(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and

• (2) Section 272 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Subsequent offences

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

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:1995, c. 39, s. 146

• 29. (1) Paragraph 273(2)(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

• (2) Section 273 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Subsequent offences

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

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:1995, c. 39, s. 147

• 30. (1) Paragraph 279(1.1)(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

• (2) Section 279 of the Act is amended by adding the following after subsection (1.1):

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under subsection (1);

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:R.S., c. 27 (1st Supp.), s. 40(1)

• 31. (1) Subsection 279.1(1) of the Act is replaced by the following:

  Marginal note:Hostage taking

  • 279.1 (1) Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

    • (a) confines, imprisons, forcibly seizes or detains that person; and

    • (b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

• Marginal note:1995, c. 39, s. 148

  (2) Paragraph 279.1(2)(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

• (3) Section 279.1 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Subsequent offences

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

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 344 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (2.2) For the purposes of subsection (2.1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:1995, c. 39, s. 149

• 32. (1) Paragraph 344(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

• (2) Section 344 of the Act is renumbered as subsection 344(1) and is amended by adding the following:

  • Marginal note:Subsequent offences

    (2) In determining, for the purpose of paragraph (1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 346 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (3) For the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:1995, c. 39, s. 150

• 33. (1) Paragraph 346(1.1)(a) of the Act is replaced by the following:

  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

    • (i) in the case of a first offence, five years, and

    • (ii) in the case of a second or subsequent offence, seven years;

  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

• (2) Section 346 of the Act is amended by adding the following after subsection (1.1):

  • Marginal note:Subsequent offences

    (1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:

    • (a) an offence under this section;

    • (b) an offence under subsection 85(1) or (2) or section 244; or

    • (c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1 or 344 if a firearm was used in the commission of the offence.

    However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

  • Marginal note:Sequence of convictions only

    (1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Marginal note:2002, c. 13, s. 15

34. The portion of section 348.1 of the Act before paragraph (a) is replaced by the following:

Marginal note:1998, c. 37, s. 15(2)

35. Subparagraph (a)(ix) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

Marginal note:2004, c. 10, s. 20

36. Subparagraph (a)(xviii) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

• 37. (1) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Order of detention

    (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged

• (2) Paragraph 515(6)(a) of the Act is amended by striking out the word “or’’ at the end of subparagraph (iv) and by adding the following after subparagraph (v):

  • (vi) that is an offence under section 99, 100 or 103,

  • (vii) that is an offence under section 244, or that is an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or

  • (viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);

• (3) The portion of subsection 515(6) of the Act after paragraph (d) is repealed.

• (4) Section 515 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Reasons

    (6.1) If the justice orders that an accused to whom subsection (6) applies be released, the justice shall include in the record a statement of the justice’s reasons for making the order.

• Marginal note:1997, c. 18, s. 59(2)

  (5) Paragraph 515(10)(c) of the Act is replaced by the following:

  • (c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

    • (i) the apparent strength of the prosecution’s case,

    • (ii) the gravity of the offence,

    • (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

    • (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

Marginal note:R.S., c. 27 (1st Supp.), s. 134

38. Subsection 662(6) of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 1(2)

39. Subsection 743.1(3.1) of the Act is replaced by the following:

40. Section 752 of the Act is amended by adding the following in alphabetical order:

Marginal note:1997, c. 17, s. 4

41. Section 752.1 of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 4

• 42. (1) The portion of subsection 753(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Application for finding that an offender is a dangerous offender

  • 753. (1) On application made under this Part after an assessment report is filed under subsection 752.1(2), the court shall find the offender to be a dangerous offender if it is satisfied

• (2) Section 753 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Presumption

    (1.1) If the court is satisfied that the offence for which the offender is convicted is a primary designated offence for which it would be appropriate to impose a sentence of imprisonment of two years or more and that the offender was convicted previously at least twice of a primary designated offence and was sentenced to at least two years of imprisonment for each of those convictions, the conditions in paragraph (1)(a) or (b), as the case may be, are presumed to have been met unless the contrary is proved on a balance of probabilities.

• Marginal note:1997, c. 17, s. 4

  (3) Paragraphs 753(2)(a) and (b) of the Act are replaced by the following:

  • (a) before the imposition of sentence, the prosecutor gives notice to the offender of a possible intention to make an application under section 752.1 and an application under subsection (1) not later than six months after that imposition; and

  • (b) at the time of the application under subsection (1) that is not later than six months after the imposition of sentence, it is shown that relevant evidence that was not reasonably available to the prosecutor at the time of the imposition of sentence became available in the interim.

• Marginal note:1997, c. 17, s. 4

  (4) Subsections 753(4) and (4.1) of the Act are replaced by the following:

  • Marginal note:Sentence for dangerous offender

    (4) If the court finds an offender to be a dangerous offender, it shall

    • (a) impose a sentence of detention in a penitentiary for an indeterminate period;

    • (b) impose a sentence for the offence for which the offender has been convicted — which must be a minimum punishment of imprisonment for a term of two years — and order that the offender be subject to long-term supervision for a period that does not exceed 10 years; or

    • (c) impose a sentence for the offence for which the offender has been convicted.

  • Marginal note:Sentence of indeterminate detention

    (4.1) The court shall impose a sentence of detention in a penitentiary for an indeterminate period unless it is satisfied by the evidence adduced during the hearing of the application that there is a reasonable expectation that a lesser measure under paragraph (4)(b) or (c) will adequately protect the public against the commission by the offender of murder or a serious personal injury offence.

  • Marginal note:If application made after sentencing

    (4.2) If the application is made after the offender begins to serve the sentence in a case to which paragraphs (2)(a) and (b) apply, a sentence imposed under paragraph (4)(a), or a sentence imposed and an order made under paragraph 4(b), replaces the sentence that was imposed for the offence for which the offender was convicted.

• Marginal note:1997, c. 17, s. 4

  (5) Subsection 753(6) of the Act is repealed.

43. The Act is amended by adding the following after section 753:

Marginal note:1997, c. 17, s. 4

• 44. (1) Subsection 753.1(3) of the Act is replaced by the following:

  • Marginal note:Sentence for long-term offender

    (3) If the court finds an offender to be a long-term offender, it shall

    • (a) impose a sentence for the offence for which the offender has been convicted, which must be a minimum punishment of imprisonment for a term of two years; and

    • (b) order that the offender be subject to long-term supervision for a period that does not exceed 10 years.

• Marginal note:1997, c. 17, s. 4

  (2) Subsections 753.1(4) and (5) are repealed.

Marginal note:1997, c. 17, s. 4

• 45. (1) The portion of subsection 753.2(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Long-term supervision

  • 753.2 (1) Subject to subsection (2), an offender who is subject to long-term supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving

• Marginal note:1997, c. 17, s. 4

  (2) Subsection 753.2(2) of the Act is replaced by the following:

  • Marginal note:Sentence served concurrently with supervision

    (2) A sentence imposed on an offender referred to in subsection (1), other than a sentence that requires imprisonment, is to be served concurrently with the long-term supervision.

• Marginal note:1997, c. 17, s. 4

  (3) Subsection 753.2(3) of the French version of the Act is replaced by the following:

  • Marginal note:Réduction de la période de surveillance

    (3) Le délinquant soumis à une surveillance de longue durée peut — tout comme un membre de la Commission nationale des libérations conditionnelles ou, avec l’approbation de celle-ci, son surveillant de liberté conditionnelle au sens du paragraphe 134.2(2) de la Loi sur le système correctionnel et la mise en liberté sous condition — demander à la cour supérieure de juridiction criminelle de réduire la période de surveillance ou d’y mettre fin pour le motif qu’il ne présente plus un risque élevé de récidive et, de ce fait, n’est plus une menace pour la collectivité, le fardeau de la preuve incombant au demandeur.

Marginal note:1997, c. 17, s. 4

46. Subsection 753.3(1) of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 4

47. Subsection 753.4(1) of the Act is replaced by the following:

• 48. (1) The portion of subsection 754(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Hearing of application

  • 754. (1) With the exception of an application for remand for assessment, the court may not hear an application made under this Part unless

• (2) Paragraph 754(1)(b) of the French version of the Act is replaced by the following:

  • b) le poursuivant a donné au délinquant un préavis d’au moins sept jours francs après la présentation de la demande indiquant ce sur quoi la demande se fonde;

49. The Act is amended by adding the following after section 754:

Marginal note:1997, c. 17, s. 5

50. Section 757 of the Act is replaced by the following:

Marginal note:1997, c. 17, s. 6

51. Subsections 759(1) to (5) of the Act are replaced by the following:

Marginal note:2002, c. 13, s. 81(1)

52. Subsection 810.1(3) of the Act is replaced by the following:

Marginal note:1997, c.17, s. 9(1)

• 53. (1) Subsection 810.2(3) of the Act is replaced by the following:

  • Marginal note:Adjudication

    (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.

  • Marginal note:Duration extended

    (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

• Marginal note:1997, c. 17, ss. 9(1) and (2)

  (2) Subsections 810.2(5) to (6) of the Act are replaced by the following:

  • Marginal note:Conditions in recognizance

    (4.1) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant

    • (a) to participate in a treatment program;

    • (b) to wear an electronic monitoring device, if the Attorney General makes the request;

    • (c) to remain within a specified geographic area unless written permission to leave that area is obtained from the provincial court judge;

    • (d) to return to and remain at his or her place of residence at specified times; or

    • (e) to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.

  • Marginal note:Conditions — firearms

    (5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

  • Marginal note:Surrender, etc.

    (5.1) If the provincial court judge adds a condition described in subsection (5) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession should be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant should be surrendered.

  • Marginal note:Reasons

    (5.2) If the provincial court judge does not add a condition described in subsection (5) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

  • Marginal note:Condition — reporting

    (6) The provincial court judge shall consider whether it is desirable to require the defendant to report to the correctional authority of a province or to an appropriate police authority. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance.

Marginal note:Replacement of “fourteen years” with “16 years”

54. The Act is amended by replacing the words “fourteen years” with the words “16 years” wherever they occur in the following provisions:

• (a) subsection 150.1(4);

• (b) sections 151 and 152;

• (c) subsection 153(2);

• (d) subsection 160(3);

• (e) subsection 161(1);

• (f) paragraphs 170(a) and (b);

• (g) paragraphs 171(a) and (b);

• (h) subsection 173(2);

• (i) paragraphs 273.3(1)(a) and (b); and

• (j) subsection 810.1(1) and paragraphs 810.1(3)(a) and (b).

CONSEQUENTIAL AMENDMENTS

R.S., c. A-2Aeronautics Act

Marginal note:1992, c. 1, s. 3

55. Section 8.6 of the Aeronautics Act is replaced by the following:

1992, c. 20Corrections and Conditional Release Act

Marginal note:1997, c. 17, s. 11

56. The definition “long-term supervision” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

57. Paragraph 1(r) of Schedule I to the Act is replaced by the following:

R.S., c. C-47Criminal Records Act

Marginal note:2000, c. 1, s. 8.1

• 58. (1) Paragraphs 1(b) to (d) of the schedule to the Criminal Records Act are replaced by the following:

  (b) section 151 (sexual interference with a person under 16);

  (c) section 152 (invitation to a person under 16 to sexual touching);

  (d) section 153 (sexual exploitation of a person 16 or more but under 18);

• Marginal note:2000, c. 1, s. 8.1

  (2) Paragraph 1(h) of the schedule to the Act is replaced by the following:

  (h) subsection 160(3) (bestiality in the presence of a person under 16 or inciting a person under 16 to commit bestiality);

• Marginal note:2000, c. 1, s. 8.1

  (3) Paragraphs 1(x) and (y) of the schedule to the Act are replaced by the following:

  (x) paragraph 273.3(1)(a) (removal of child under 16 from Canada for purposes of listed offences);

  (y) paragraph 273.3(1)(b) (removal of child 16 or more but under 18 from Canada for purpose of listed offence);

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 84

59. Subsection 163.5(2) of the Customs Act is replaced by the following:

R.S., c. 32 (4th Supp.)Railway Safety Act

60. Subsection 41(7) of the Railway Safety Act is replaced by the following:

COORDINATING AMENDMENTS

Marginal note:This Act

61. On the first day on which both sections 9 and 40 of this Act are in force, paragraph (b) of the definition “designated offence” in section 752 of the Criminal Code is amended by adding the following after subparagraph (iv):

Marginal note:This Act

• 62. (1) If section 52 of this Act comes into force before section 54 of this Act, then paragraph 54(j) of this Act is replaced by the following:

  • (j) subsections 810.1(1) and (3.01) and paragraphs 810.1(3.02)(a) and (b).

• (2) If section 54 of this Act comes into force before section 52 of this Act, then

  • (a) subsection 810.1(3.01) of the Criminal Code, as enacted by section 52 of this Act, is replaced by the following:

    • Marginal note:Duration extended

      (3.01) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a sexual offence in respect of a person who is under the age of 16 years, the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.

  • (b) paragraphs 810.1(3.02)(a) and (b) of the Criminal Code, as enacted by section 52 of this Act, are replaced by the following:

    • (a) prohibit the defendant from engaging in any activity that involves contact with persons under the age of 16 years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under that age;

    • (b) prohibit the defendant from attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground or playground;

• (3) If section 52 of this Act comes into force on the same day as section 54 of this Act, then that section 52 is deemed to have come into force before that section 54 and subsection (1) applies as a consequence.

Marginal note:2005, c. 25

• 63. (1) In this section, “other Act” means An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, chapter 25 of the Statutes of Canada, 2005.

• (2) If subsection 1(5) of the other Act comes into force before section 35 of this Act, then that section 35 is replaced by the following:

  Marginal note:2005, c. 25, s. 1(5)

  35. Subparagraph (a)(v) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

  • (v) section 244 (discharging firearm with intent),

• (3) If section 35 of this Act comes into force before subsection 1(5) of the other Act, then subparagraph (a.1)(v) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 1(5), is replaced by the following:

  • (v) section 244 (discharging firearm with intent),

• (4) If subsection 1(5) of the other Act comes into force on the same day as section 35 of this Act, then that subsection 1(5) is deemed to have come into force before that section 35 and subsection (2) applies as a consequence.

COMING INTO FORCE

Marginal note:Order in council

64. The provisions of this Act, other than sections 61 to 63, come into force on a day or days to be fixed by order of the Governor in Council.