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An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (S.C. 2018, c. 21)

Assented to 2018-06-21

PART 2Offences Relating to Conveyances — Alcohol and Drugs (continued)

R.S., c. C-46Amendments to the Criminal Code (continued)

Marginal note:2013, c. 11, s. 4

 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(3) or section 738, 739, 742.1 or 742.3,

Marginal note:2011, c. 7, s. 12

 Subsection 811.1(2) of the Act is replaced by the following:

  • Marginal note:Definition of analyst

    (2) In this section, analyst has the same meaning as in section 320.11.

Marginal note:1999, c. 5, s. 45

 Part XXVIII of the Act is amended by replacing the references after the form headings in the following forms with “(Sections 320.29 and 487)”:

Marginal note:2014, c. 25, s. 32

  •  (1) Subparagraph (b)(iii) of Form 5.04 in Part XXVIII of the Act is replaced by the following:

    • [ ] (iii) an offence under any of sections 145 to 148, subsection 173(1), sections 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,

  • (2) Form 5.04 in Part XXVIII of the Act is amended by striking out “or” at the end of subparagraph (b)(iv) and by adding the following after that subparagraph:

    • [ ] (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

Marginal note:R.S., c. 27 (1st Supp.), s. 184(3)

 Form 5.1 in Part XXVIII of the Act is amended by replacing the reference after the heading “FORM 5.1” with the following:

(Sections 320.29 and 487.1)

Marginal note:R.S., c. 27 (1st Supp.), s. 184(3)

 Form 5.2 in Part XXVIII of the Act is replaced by the following:

FORM 5.2(Section 489.1)Report to a Justice

Canada,

Province of blank line,

(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 theCriminal Codeor under section 489 of theCriminal Codeor otherwise in the execution of duties under theCriminal Codeor other Act of Parliament to be specified)

  • 1 searched the premises situated at blank line; 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. blank lineblank line
    2. blank lineblank line
    3. blank lineblank line
    4. blank lineblank line

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).

blank line
Signature of the peace officer or other person

Review and Report

Marginal note:Review

  •  (1) Within three years after the day on which this section comes into force, the Minister of Justice and Attorney General of Canada must undertake a comprehensive review of the implementation and operation of the provisions enacted by this Act, including an evaluation of whether their implementation and operation have resulted in differential treatment of any particular group based on a prohibited ground of discrimination. The Minister of Justice and Attorney General of Canada must prepare a report setting out his or her conclusions and recommendations and including robust data sets collected by government and non-government agencies on the effectiveness of these provisions and the impacts resulting from them.

  • Marginal note:Report to Parliament

    (2) The Minister of Justice and Attorney General of Canada must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after it is completed.

Transitional Provisions

Marginal note:Application for disclosure of further information

  •  (1) Section 320.34 of the Criminal Code, as enacted by section 15 of this Act, applies in respect of any application for the disclosure of further information that is made on or after the day on which that section 15 comes into force if the sample or samples to which the application relates were taken before that day.

  • Marginal note:Trial

    (2) Subsection 320.31(1) of the Criminal Code, as enacted by section 15 of this Act, applies to the trial of an accused that is commenced on or after the day on which that section 15 comes into force if the sample or samples to which the trial relates were taken before that day.

Marginal note:Bodily substances and results obtained before coming into force

 Section 320.36 of the Criminal Code, as enacted by section 15 of this Act, applies to bodily substances obtained under section 254 of that Act, as it read from time to time before the day on which that section 15 comes into force, and to results of any evaluation, physical coordination test or analysis of bodily substances obtained under that section 254, as it read from time to time before that day.

Marginal note:Appeal of order made under section 259

  •  (1) An appeal may be taken on or after the day on which section 21 of this Act comes into force against an order made under section 259 of the Criminal Code, as that section read from time to time before that day. Such an appeal is to be taken in accordance with section 675 of that Act, as that section read immediately before that day, and is to be dealt with and disposed of in accordance with the provisions of that Act as they read immediately before that day.

  • Marginal note:Stay of order made under section 259

    (2) Sections 261 and 680 of the Criminal Code, as they read immediately before the day on which section 21 of this Act comes into force, apply in respect of an appeal that is taken on or after that day against an order made under section 259 of that Act, as that section read from time to time before that day.

Marginal note:Approved instrument, approved screening device, approved container

 Any approved container, approved drug screening equipment, approved instrument or approved screening device approved under subsection 254.01 of the Criminal Code, as it read immediately before the day on which section 14 of this Act comes into force, is deemed to be approved as an approved container, approved drug screening equipment, approved instrument or approved screening device, respectively, under section 320.39 of the Criminal Code as enacted by section 15 of this Act.

 
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