An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)
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Assented to 2019-06-21
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
197 Section 487.05 of the Act is amended by adding the following after subsection (3):
Marginal note:Execution in Canada
(4) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2005, c. 25, s. 4; 2007, c. 22, s. 3
198 Paragraph 487.053(2)(c) of the Act is replaced by the following:
(c) may require the person to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2007, c. 22, s. 11(2)
199 Subsection 487.055(3.01) of the Act is replaced by the following:
Marginal note:Manner of appearance
(3.01) The court may require a person who is given notice of an application under subsection (1) and who wishes to appear at the hearing to appear by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:1998, c. 37, s. 21(2)
200 Paragraph 487.08(4)(b) of the Act is replaced by the following:
(b) is guilty of an offence punishable on summary conviction.
Marginal note:1997, c. 18, s. 45
201 Subsection 487.092(3) of the Act is replaced by the following:
Marginal note:Execution in Canada
(3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
Marginal note:2004, c. 10, s. 20
202 Subparagraph (b)(iii) of the definition designated offence in subsection 490.011(1) of the Act is repealed.
Marginal note:2010, c. 17, s. 5
203 Paragraph 490.012(4)(c) of the Act is replaced by the following:
(c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
Marginal note:2010, c. 17, s. 21(1)
204 Paragraph 490.031(1)(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:2010, c. 17, s. 22
205 Paragraph 490.0311(b) of the Act is replaced by the following:
(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.
Marginal note:1997, c. 23, s. 15
206 Subsection 490.8(9) of the Act is replaced by the following:
Marginal note:Offence
(9) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of
207 Section 492.1 of the Act is amended by adding the following after subsection (6):
Marginal note:Execution in Canada
(6.1) A warrant issued under this section may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
208 Section 492.2 of the Act is amended by adding the following after subsection (5):
Marginal note:Execution in Canada
(5.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any public officer or peace officer who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.
Marginal note:1994, c. 44, s. 39
209 (1) The definitions appearance notice, officer in charge, promise to appear, recognizance, summons and undertaking in section 493 of the Act are repealed.
(2) Paragraph (a) of the definition accused in section 493 of the Act is replaced by the following:
(a) a person to whom a peace officer has issued an appearance notice under section 497, and
210 The Act is amended by adding the following after section 493:
Principle and Considerations
Marginal note:Principle of restraint
493.1 In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous conditions that are appropriate in the circumstances, including conditions that are reasonably practicable for the accused to comply with, while taking into account the grounds referred to in subsection 498(1.1) or 515(10), as the case may be.
Marginal note:Aboriginal accused or vulnerable populations
493.2 In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of
211 The Act is amended by adding the following after section 495:
Marginal note:Arrest without warrant – application of section 524
495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an indictable offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
Marginal note:1999, c. 25, s. 3
212 Sections 496 and 497 of the Act are replaced by the following:
Marginal note:Appearance notice for judicial referral hearing
496 If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the failure did not cause a victim physical or emotional harm, property damage or economic loss, the peace officer may, without laying a charge, issue an appearance notice to the person to appear at a judicial referral hearing under section 523.1.
Marginal note:Issue of appearance notice by peace officer
497 If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is
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