An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)

Coordinating Amendments

Marginal note:2015, c. 23

• 48 (1) In this section, other Act means chapter 23 of the Statutes of Canada, 2015.

• (2) On the first day on which both section 29 of the other Act and section 6 of this Act are in force, paragraph (a) of the definition sexual offence against a child in subsection 2(1) of the Act enacted by that section 29 is replaced by the following:

  • (a) a designated offence, as defined in subsection 490.011(1) of the Criminal Code, that is committed against a person who is under 18 years of age, other than a secondary offence, as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence, as defined in that subsection 490.011(1); or

• (3) If section 30 of the other Act comes into force before section 29 of this Act, then that section 29 is deemed never to have come into force and is repealed.

• (4) If section 29 of this Act comes into force before section 30 of the other Act, then that section 30 is repealed.

• (5) If section 30 of the other Act comes into force on the same day as section 29 of this Act, then that section 29 is deemed never to have come into force and is repealed.

• (6) If section 31 of the other Act comes into force before section 30 of this Act, then that section 30 is deemed never to have come into force and is repealed.

• (7) If section 30 of this Act comes into force before section 31 of the other Act, then that section 31 is repealed.

• (8) If section 31 of the other Act comes into force on the same day as section 30 of this Act, then that section 30 is deemed never to have come into force and is repealed.

Marginal note:Bill C-291

• 48.1 (1) Subsections (2) to (4) apply if Bill C- 291, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) (in this section referred to as the “other Act”), receives royal assent.

• (2) If section 8 of the other Act comes into force before subsection 6(2) of this Act, then subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Criminal Code is replaced by the following:

  • (xi) section 163.1 (child sexual abuse and exploitation material),

• (3) If subsection 6(2) of this Act comes into force before section 8 of the other Act, then that section 8 is replaced by the following:

  8 Subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:

  • (xi) section 163.1 (child sexual abuse and exploitation material),

• (4) If section 8 of the other Act comes into force on the same day as subsection 6(2) of this Act, then that section 8 is deemed to have come into force before that subsection 6(2) and subsection (2) applies as a consequence.

Coming into Force

Marginal note:Order in council

49 Section 35 comes into force on a day to be fixed by order of the Governor in Council.