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An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (S.C. 2018, c. 29)

Assented to 2018-12-13

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

  •  (1) The portion of subsection 145(5) before paragraph (a) set out in Forms 9 to 11 of Part XXVIII of the Act is replaced by the following:

    • (5) Every person who is named in an appearance notice or promise to appear, or in a recognizance entered into before an officer in charge or another peace officer, that has been confirmed by a justice under section 508 and who fails, without lawful excuse, to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, or to attend court in accordance with it, is guilty of

  • (2) The portion of subsection 145(5) after paragraph (b) set out in Forms 9 to 11 of Part XXVIII of the French version of the Act is repealed.

 The portion of subsection 145(5.1) before paragraph (a) set out in Form 11.1 of Part XXVIII of the Act is replaced by the following:

  • (5.1) Every person who, without lawful excuse, fails to comply with any condition of an undertaking entered into under subsection 499(2) or 503(2.1)

 Subsection 145(2) set out in Form 12 of Part XXVIII of the Act is replaced by the following:

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

    • (a) being at large on their undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, to attend court in accordance with the undertaking or recognizance, or

    • (b) having appeared before a court, justice or judge, fails, without lawful excuse, to attend court as subsequently required by the court, justice or judge or to surrender themselves in accordance with an order of the court, justice or judge, as the case may be.

R.S., c. J-2Department of Justice Act

 The Department of Justice Act is amended by adding the following after section 4.1:

Marginal note:Charter statement

  • 4.2 (1) The Minister shall, for every Bill introduced in or presented to either House of Parliament by a minister or other representative of the Crown, cause to be tabled, in the House in which the Bill originates, a statement that sets out potential effects of the Bill on the rights and freedoms that are guaranteed by the Canadian Charter of Rights and Freedoms.

  • Marginal note:Purpose

    (2) The purpose of the statement is to inform members of the Senate and the House of Commons as well as the public of those potential effects.

Transitional Provisions

Marginal note:Hearing — subsection 278.3(5)

 Subsection 278.3(5) of the Criminal Code, as that subsection read immediately before the day on which section 24 comes into force, continues to apply in respect of any hearing referred to in that subsection that takes place on that day or within 60 days after that day.

Marginal note:Department of Justice Act

 Section 4.2 of the Department of Justice Act applies only with respect to a Bill introduced in or presented to either House of Parliament on or after the day on which section 73 comes into force.

Consequential Amendments

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

Marginal note:2010, c. 5, s. 9

 Subparagraph 2(a)(iv) of Schedule 1 to the Criminal Records Act is replaced by the following:

  • (iv) subsection 163(1) (obscene materials),

Marginal note:2012, c. 1, s. 134

 Subparagraph 1(a)(iv) of Schedule 2 to the Act is replaced by the following:

  • (iv) subsection 163(1) (obscene materials),

Coordinating Amendments

Marginal note:2014, c. 20

  •  (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.

  • (2) On the first day on which both section 17 of this Act is in force and subsection 29(3) of the other Act has produced its effects, subparagraph (a)(ii) of the definition casino in section 244.1 of the Income Tax Act is replaced by the following:

    • (ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.01) of that Act, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment;

  • (3) On the first day on which both section 17 of this Act and subsection 256(3) of the other Act are in force, subparagraph 5(k)(ii) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

    • (ii) in any other permanent establishment, conducts and manages games that are operated on or through a slot machine, as defined in subsection 207(4.01) of the Criminal Code, or any other similar electronic gaming device, if there are more than 50 of those machines or other devices in the establishment;

Marginal note:Bill C-39

  •  (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.

  • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.

  • (3) If section 66 of this Act comes into force on the same day as section 20 of the other Act, then that section 20 is deemed never to have come into force and is repealed.

Marginal note:Bill C-337

  •  (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.

  • (2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.

Coming into Force

Marginal note:First anniversary

 Sections 73 and 75 come into force on the first anniversary of the day on which this Act receives royal assent.

 
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