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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2024-02-06 and last amended on 2024-01-14. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 16, s. 3

    • 3 The Act is amended by adding the following after section 279.04:

      • Sentences to be served consecutively

        279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

  • — 2018, c. 16, s. 190

    • Bill C-28

      190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:

      • Victim surcharge
        • 737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.

  • — 2018, c. 21, ss. 51(1), (2)

    • Bill C-39
      • 51 (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 subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.

  • — 2018, c. 29, s. 79

    • Bill C-39
      • 79 (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.

  • — 2018, c. 29, s. 80

    • Bill C-337
      • 80 (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.

  • — 2021, c. 2, s. 1(2.1)

      • 1 (2.1) Subsection 241.2(2.1) of the Act is repealed.

  • — 2023, c. 26, s. 610

      • 610 (1) The definition criminal rate in subsection 347(2) of the Criminal Code is replaced by the following:

        criminal rate

        criminal rate means an annual percentage rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds 35 per cent on the credit advanced; (taux criminel)

      • (2) Subsection 347(4) of the Act is replaced by the following:

        • Proof of annual percentage rate

          (4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that they have calculated the annual percentage rate of interest on any credit advanced and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the annual percentage rate of interest without proof of the signature or official character of the person appearing to have signed the certificate.

  • — 2023, c. 26, s. 611

    • 611 The Act is amended by adding the following after section 347:

      • Agreement or arrangement
        • 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation.

        • Regulations

          (2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, provide for the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply.

  • — 2023, c. 26, s. 612

      • 612 (1) Subsection 347.1(2) of the Act is amended by adding the following after paragraph (a):

        • (a.1) the total cost of borrowing under the agreement does not exceed the limit fixed by regulation;

      • (2) Section 347.1 of the Act is amended by adding the following after subsection (2):

        • Regulation — limit

          (2.1) For the purposes of paragraph (2)(a.1), the Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, fix the limit.

        • Clarification

          (2.2) If section 347 does not apply to a person by reason of subsection (2) immediately before a regulation made under subsection (2.1) comes into force, that section continues not to apply to the person if the total cost of borrowing under the agreement did not exceed the limit that applied immediately before the regulation came into force.

  • — 2023, c. 28, s. 35

    • 35 Section 743.2 of the Act is replaced by the following:

      • Report by court to Correctional Service

        743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.

  • — 2023, c. 28, ss. 48.1(1), (3)

    • 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.

      • (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),

  • — 2023, c. 30, ss. 4(1), (2)

    • Bill S-205
      • 4 (1) Subsections (2) and (3) apply if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) (in this section referred to as the “other Act”), receives royal assent.

      • (2) If subsection 1(4) of this Act comes into force before subsection 1(3) of the other Act, then that subsection 1(3) is repealed.

  • — 2023, c. 32, s. 0.1

      • 0.1 (1) Section 2.1 of the Criminal Code is replaced by the following:

        • Further definitions — firearms

          2.1 In this Act, ammunition, antique firearm, automatic firearm, cartridge magazine, cross-bow, firearm part, handgun, imitation firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm and restricted weapon, as well as authorization, licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 0.2

      • 0.2 (1) Subsection 83.3(10) of the Act is replaced by the following:

        • Conditions — firearms

          (10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1

      • 1 (1) and (2) [In force]

      • (3) The definition prohibition order in subsection 84(1) of the Act is replaced by the following:

        prohibition order

        prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)

      • (4) [In force]

      • (5) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:

        firearm part

        firearm part means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, unless otherwise prescribed, a barrel for a firearm or a slide for a handgun if that barrel or slide is designed exclusively for use on a firearm that is deemed under subsection 84(3) not to be a firearm; (pièce d’arme à feu)

      • (6) and (7) [In force]

      • (8) Subsections (3) and (5) come into force on a day or days to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1.1

      • 1.1 (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:

        a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.

      • (2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:

        • Punishment — firearm

          (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1.2

      • 1.2 (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:

        • Possession for purpose of weapons trafficking
          • 100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition for the purpose of

      • (2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:

        • Punishment — firearm

          (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1.3

      • 1.3 (1) Subsection 101(1) of the Act is replaced by the following:

        • Transfer without authority
          • 101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1.5

      • 1.5 (1) Paragraphs 103(1)(a) and (b) of the Act are replaced by the following:

        • (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

        • (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

      • (2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:

        • Punishment — firearm

          (2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of

      • (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 1.6

      • 1.6 (1) Paragraphs 104(1)(a) and (b) of the Act are replaced by the following:

        • (a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or

        • (b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 3.1

      • 3.1 (1) The portion of subsection 109(1) of the Act after paragraph (c.1) is replaced by the following:

        • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

        the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.

      • (2) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:

        • (a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, firearm part, ammunition and explosive substance during the period that

      • (3) Subsection 109(3) of the English version of the Act is replaced by the following:

        • Duration of prohibition order — subsequent offences

          (3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, firearm part, ammunition and explosive substance for life.

      • (4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.

        •  

      •  

  • — 2023, c. 32, s. 3.2

      • 3.2 (1) The portion of subsection 110(1) of the Act after paragraph (a) is replaced by the following:

        • (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,

        the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

        •  

      •  

  • — 2023, c. 32, ss. 4(2) to (4)

      • 4 (2) Subsection 110.1(1) of the Act is replaced by the following:

        • Application for emergency prohibition order
          • 110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

      • (3) Subsection 110.1(3) of the Act is replaced by the following:

        • Emergency prohibition order

          (3) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

      • (4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, ss. 5(1), (2)

      • 5 (1) Subsection 111(1) of the Act is replaced by the following:

        • Application for prohibition order
          • 111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

      • (2) Subsection 111(5) of the Act is replaced by the following:

        • Prohibition order

          (5) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for the period, not exceeding five years, that is specified in the order, beginning on the day on which the order is made.

  • — 2023, c. 32, s. 9.1

    • 9.1 Subsection 117.01(1) of the Act is replaced by the following:

      • Possession contrary to order
        • 117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.

  • — 2023, c. 32, ss. 10(2), (3)

      • 10 (2) Paragraph 117.0101(1)(a) of the Act is replaced by the following:

        • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

      • (3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 10.1

      • 10.1 (1) Paragraph 117.011(1)(a) of the Act is replaced by the following:

        • (a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 11.1

      • 11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act are replaced by the following:

        • (a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

        • (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 11.2

      • 11.2 (1) Subsections 117.04(1) and (2) of the Act are replaced by the following:

        • Application for warrant to search and seize
          • 117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

          • Search and seizure without warrant

            (2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 11.3

      • 11.3 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following:

        • Forfeiture and prohibition order on finding

          (4) If, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall

      • (2) Paragraph 117.05(4)(b) of the English version of the Act is replaced by the following:

        • (b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.

      • (3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, ss. 12(1), (2)

      • 12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following:

        • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;

        • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment;

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 12.1

      • 12.1 (1) Paragraphs 117.071(b) and (c) of the Act are replaced by the following:

        • (b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment;

        • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 12.2

      • 12.2 (1) Paragraphs 117.08(b) and (c) of the Act are replaced by the following:

        • (b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition,

        • (c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition,

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 12.3

      • 12.3 (1) Subsection 117.09(3) of the Act is replaced by the following:

        • Employees of carriers

          (3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.1

      • 13.1 (1) Paragraphs 491(1)(a) and (b) of the Act are replaced by the following:

        • (a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or

        • (b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.2

      • 13.2 (1) Paragraph 501(3)(h) of the Act is replaced by the following:

        • (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.3

      • 13.3 (1) The portion of subsection 515(4.1) of the Act after paragraph (c) is replaced by the following:

        • (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, or

        • (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

        the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

      • (2) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following:

        • (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, a firearm part, 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) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.4

      • 13.4 (1) Subsection 810(3.1) of the Act is replaced by the following:

        • Conditions

          (3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, if the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.5

      • 13.5 (1) Subsection 810.01(5) of the Act is replaced by the following:

        • 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, firearm part, 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.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.6

      • 13.6 (1) Subsection 810.011(7) of the Act is replaced by the following:

        • Conditions — firearms

          (7) 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, firearm part, 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 it applies.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.7

      • 13.7 (1) Subsection 810.02(7) of the Act is replaced by the following:

        • Conditions — firearms

          (7) 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, firearm part, 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.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.8

      • 13.8 (1) Subsection 810.1(3.03) of the Act is replaced by the following:

        • Conditions — firearms

          (3.03) 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, firearm part, 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.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.9

      • 13.9 (1) Subsection 810.2(5) of the Act is replaced by the following:

        • 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, firearm part, 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.

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.10

      • 13.10 (1) Paragraph 5(i) of Form 10 of Part XXVIII of the Act is replaced by the following:

        •  (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.11

      • 13.11 (1) The portion of Form 11 of Part XXVIII of the Act that begins with “You must not possess” and ends with “(name or title) at (place).” is replaced by the following:

        •  You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 13.12

      • 13.12 (1) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:

        • □ (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);

      • (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.

  • — 2023, c. 32, s. 70

    • Bill S-4
      • 70 (1) Subsections (2) to (4) apply if Bill S-4, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (in this section referred to as the “other Act”), receives royal assent.

      • (2) On the first day on which both section 2 of the other Act and section 4 of this Act are in force

        • (a) the portion of subsection 110.1(7) of the Criminal Code before paragraph (a) is replaced by the following:

          • Report to justice

            (7) A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing

        • (b) the English version of subsection 110.2(4) of the Criminal Code is replaced by the following:

          • Procedure

            (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the report made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).

      • (3) On the first day on which both section 2 of the other Act and section 10 of this Act are in force,

        • (a) the portion of subsection 117.0101(8) of the Criminal Code before paragraph (a) is replaced by the following:

          • Report to justice

            (8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing

        • (b) the English version of subsection 117.0102(4) of the Criminal Code is replaced by the following:

          • Procedure

            (4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the report made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).

      • (4) On the first day on which section 22 of the other Act and sections 4 and 10 of this Act are all in force

        • (a) the portion of subsection 487.093(1) of the Criminal Code before paragraph (a) is replaced by the following:

          • Duty of person executing certain warrants
            • 487.093 (1) A person who executes a warrant issued under subsection 110.1(5), 117.0101(6), 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution,

        • (b) subsection 487.1(1) of the Criminal Code is amended by adding the following after paragraph (b):

          • (b.1) a warrant under subsection 110.1(5);

          • (b.2) a warrant under subsection 117.0101(6);


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