Criminal Code (R.S.C., 1985, c. C-46)

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10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.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    • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.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.

• — 2024, c. 17, ss. 336(1), (2)

  • • 336 (1) The portion of subsection 347(1) of the Criminal Code before paragraph (a) is replaced by the following:

      • Criminal interest rate

        • 347 (1) Despite any other Act of Parliament, every person who enters or offers to enter into an agreement or arrangement to receive interest at a criminal rate, who advertises an offer to enter into an agreement or arrangement that provides for the receipt of interest at a criminal rate or who receives a payment or partial payment of interest at a criminal rate is

    • (2) The definitions credit advanced and interest in subsection 347(2) of the Act are replaced by the following:

      credit advanced

      credit advanced means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement, or that would be advanced if an agreement or arrangement — as offered, including in an advertisement — was entered into, minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement; (capital prêté)

      interest

      interest means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, or that would be paid or payable if such an agreement or arrangement was entered into, by or on behalf of the person to whom the credit is or is to be advanced, or would be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, or would be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage or hypothec transaction, any amount required to be paid on account of property taxes; (intérêt)

• — 2024, c. 17, s. 337

  • 337 The portion of subsection 347.1(2) of the Act before paragraph (b) is replaced by the following:

    • Non-application — person

      (2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition financial institution in section 2 of the Bank Act, who has entered into or has offered to enter into a payday loan agreement to receive interest, has advertised an offer to enter into a payday loan agreement that provides for the receipt of interest or has received interest under a payday loan agreement, if

      • (a) the amount of money that is or would be advanced under the agreement is $1,500 or less and the term of the agreement is or would be 62 days or less;

• — 2024, c. 17, s. 338

  • 2023, c. 26

    • 338 (1) In this section, other Act means the Budget Implementation Act, 2023, No. 1.

    • (2) If section 611 of the other Act comes into force before subsection 336(1) of this Act, then, on the day on which that subsection 336(1) comes into force, section 347.01 of the Criminal Code is replaced by the following:

      • Non-application — agreements or arrangements

        • 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.

        • Non-application — offers and advertisements

          (1.1) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.

        • Regulations

          (2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for

          • (a) 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; or

          • (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.

    • (3) If subsection 336(1) of this Act comes into force before section 611 of the other Act, then that section 611 is amended by replacing the section 347.01 that it enacts with the following:

      • Non-application — agreements or arrangements

        • 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.

        • Non-application — offers and advertisements

          (2) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.

        • Regulations

          (3) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for

          • (a) 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; or

          • (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.

    • (4) If section 611 of the other Act comes into force on the same day as subsection 336(1) of this Act, then that subsection 336(1) is deemed to have come into force before that section 611 and subsection (3) applies as a consequence.

    • (5) If subsection 612(1) of the other Act comes into force before section 337 of this Act, then that section 337 is amended by adding, after the paragraph 347.1(2)(a) that it enacts, the following:

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

    • (6) If section 337 of this Act comes into force before subsection 612(1) of the other Act, then that subsection 612(1) is amended by replacing the paragraph 347.1(2)(a.1) that it enacts with the following:

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

    • (7) If subsection 612(1) of the other Act comes into force on the same day as section 337 of this Act, then that subsection 612(1) is deemed to have come into force before that section 337 and subsection (5) applies as a consequence.