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10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.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    • (2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.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

• — 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.

• — 2024, c. 22, s. 1

  • • 1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by the following:

      • (b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused has been previously convicted or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of theirs;

    • (2) The Act is amended by adding the following after subsection 515(14):

      • Inquiry for copies

        (14.1) Upon making an order under subsection (2), the justice must ask the prosecutor whether victims of the offence have been informed of their right to request a copy of the order.

• — 2024, c. 22, s. 2

  • 2 The Act is amended by adding the following after section 810.02:

    • Fear of domestic violence

      • 810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information before a provincial court judge.

      • Appearances

        (2) The provincial judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.

      • Recognizance order

        (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order the defendant to enter into a recognizance to keep the peace and be of good behaviour for a period of not more than 12 months.

      • Duration extended

        (4) If the provincial court judge is satisfied that the defendant was previously convicted of an offence in the commission of which violence was used against any former or current intimate partner of the defendant or any child of any former or current intimate partner or of the defendant, the judge may order the defendant to enter into the recognizance for a period of not more than two years.

      • Indigenous informant or defendant

        (4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.

      • Refusal to enter into recognizance

        (5) The provincial court judge may commit the defendant to prison for a term not exceeding 12 months if the defendant fails or refuses to enter into the recognizance.

      • Conditions in recognizance

        (6) The provincial court judge may add any reasonable conditions to the recognizance that that the judge considers desirable to ensure the good conduct of the defendant or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including conditions requiring the defendant

        • (a) to attend, under the supervision of the court, a treatment program approved by the province where the accused resides, such as an addiction treatment program or a domestic violence counselling program;

        • (b) to remain within a specified geographic area unless written permission to leave that area is obtained from the judge;

        • (c) to refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary;

        • (d) to wear an electronic monitoring device, with the consent of the Attorney General;

        • (e) to abstain from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the judge considers necessary;

        • (f) to abstain from the consumption of drugs — except in accordance with a medical prescription — of alcohol or of any other intoxicating substance;

        • (g) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance requiring them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or

        • (h) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.

      • Conditions — firearms

        (7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, 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.

      • Surrender, etc.

        (8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates held by the defendant shall be surrendered.

      • Reasons

        (9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the judge shall include in the record a statement of the reasons for not adding the condition.

      • Variance of conditions

        (10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in the recognizance.

      • Safety and security of informant

        (11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their safety and security needs.

      • Form — warrant of committal

        (12) A warrant of committal to prison for failure or refusal to enter into the recognizance under subsection (3) may be in Form 23.

• — 2024, c. 22, s. 3

  • • 3 (1) The portion of section 810.3(1) of the Act before paragraph (a) is replaced by the following:

      • Samples — designations and specifications

        • 810.3 (1) For the purposes of sections 810, 810.01, 810.03, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,

    • (2) Subparagraphs 810.3(2)(a) and (b) of the Act are replaced by the following:

      • (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g), 810.1(3.02)(h) and 810.2(4.1)(f); and

      • (b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) and 810.2(4.1)(g).

    • (3) Subsections 810.3(3) and (4) of the Act are replaced by the following:

      • Restriction

        (3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).

      • Destruction of samples

        (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.

    • (4) Paragraph 810.3(5)(a) of the Act is replaced by the following:

      • (a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.03, 810.1 and 810.2;

    • (5) Subsection 810.3(6) of the Act is replaced by the following:

      • Notice — samples at regular intervals

        (6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.

• — 2024, c. 22, s. 4

  • 4 Subsections 810.4(1) to (3) of the Act are replaced by the following:

    • Prohibition on use of bodily substance

      • 810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.

      • Prohibition on use or disclosure of result

        (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2.

      • Exception

        (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.

• — 2024, c. 22, s. 5

  • 5 Subsection 811.1(1) of the Act is replaced by the following:

    • Proof of certificate of analyst — bodily substance

      • 811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.03, 810.1 or 810.2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.

• — 2024, c. 22, s. 6

  • • 6 (1) Form 32 in Part XXVIII of the Act is amended by replacing the references after the heading “FORM 32” with the following:

      (Sections 2, 462.34, 490.9, 550, 683, 706, 707, 779, 810, 810.01, 810.03, 810.1, 810.2, 817 and 832)

    • (2) Paragraphs (b) to (d) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:

      • (b) agrees to keep the peace and be of good behaviour (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

      • (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, 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, 810.03, 810.1 and 810.2 of the Criminal Code);

      • (d) participates in a treatment program (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

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

      • (e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (section 810.03 of the Criminal Code);

      • (e.2) abstains from communicating, directly or indirectly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);

      • (f) remains within a specified geographic area unless written permission to leave that area is obtained from the judge (sections 810.01, 810.03 and 810.2 of the Criminal Code);

      • (f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);

    • (4) Paragraphs (h) and (i) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” are replaced by the following:

      • (h) abstains from the consumption of drugs, except in accordance with a medical prescription (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

      • (i) abstains from the consumption of alcohol or of any other intoxicating substance, except in accordance with a medical prescription (sections 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);

• — 2024, c. 22, s. 7

  • 7 Form 51 in Part XXVIII of the Act is amended by replacing the references after the heading “FORM 51” with the following:

    (Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g))

• — 2024, c. 22, s. 8

  • 8 If an information has been laid under subsection 810(1) of the Criminal Code before the day on which this Act comes into force by a person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.03(1) of that Act.

• — 2024, c. 22, s. 11

  • Bill C-21

    • 11 (1) Subsections (2) and (3) apply if Bill C-21, introduced in the 1st session of the 44th Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms) (in this section referred to as the “other Act”), receives royal assent.

    • (2) On the first day on which both subsection 1(5) of the other Act and section 2 of this Act are in force, subsection 810.03(7) of the Criminal Code is replaced by the following:

      • Conditions — firearms

        (7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, 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.

    • (3) On the first day on which both subsection 13.12(1) of the other Act and subsection 6(2) of this Act are in force, paragraph (c) of Form 32 of Part XXVIII of the Criminal Code 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, 810.03, 810.1 and 810.2 of the Criminal Code);

• — 2024, c. 23, s. 1

  • • 1 (1) The portion of subsection 163.1(1) of the Criminal Code before paragraph (a) is replaced by the following:

      • Definition of child sexual abuse and exploitation material

        • 163.1 (1) In this section, child sexual abuse and exploitation material means

    • (2) Subsections 163.1(2) and (3) of the Act are replaced by the following:

      • Making child sexual abuse and exploitation material

        (2) Every person who makes, prints, publishes or possesses for the purpose of publication any child sexual abuse and exploitation material is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

      • Distribution, etc. of child sexual abuse and exploitation material

        (3) Every person who transmits, makes available, distributes, sells, advertises, imports, exports or possesses for the purpose of transmission, making available, distribution, sale, advertising or exportation any child sexual abuse and exploitation material is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year.

    • (3) The portion of subsection 163.1(4) of the Act before paragraph (a) is replaced by the following:

      • Possession of child sexual abuse and exploitation material

        (4) Every person who possesses any child sexual abuse and exploitation material is guilty of

    • (4) The portion of subsection 163.1(4.1) of the Act before paragraph (a) is replaced by the following:

      • Accessing child sexual abuse and exploitation material

        (4.1) Every person who accesses any child sexual abuse and exploitation material is guilty of

    • (5) Subsection 163.1(4.2) of the Act is replaced by the following:

      • Interpretation

        (4.2) For the purposes of subsection (4.1), a person accesses child sexual abuse and exploitation material who knowingly causes child sexual abuse and exploitation material to be viewed by, or transmitted to, himself or herself.

    • (6) Subsection 163.1(5) of the Act is replaced by the following:

      • Defence

        (5) It is not a defence to a charge under subsection (2) in respect of a visual representation that the accused believed that a person shown in the representation that is alleged to constitute child sexual abuse and exploitation material was or was depicted as being eighteen years of age or more unless the accused took all reasonable steps to ascertain the age of that person and took all reasonable steps to ensure that, where the person was eighteen years of age or more, the representation did not depict that person as being under the age of eighteen years.

• — 2024, c. 23, s. 2

  • • 2 (1) Paragraph 164(1)(d) of the Act is replaced by the following:

      • (d) the representation, written material or recording, copies of which are kept in premises within the jurisdiction of the court, is child sexual abuse and exploitation material as defined in section 163.1;

    • (2) Subsections 164(3) to (5) of the Act are replaced by the following:

      • Owner and maker may appear

        (3) The owner and the maker of the matter seized under subsection (1), and alleged to be obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, may appear and be represented in the proceedings to oppose the making of an order for the forfeiture of the matter.

      • Order of forfeiture

        (4) If the court is satisfied, on a balance of probabilities, that the publication, representation, written material or recording referred to in subsection (1) is obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it may make an order declaring the matter forfeited to His Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

      • Disposal of matter

        (5) If the court is not satisfied that the publication, representation, written material or recording referred to in subsection (1) is obscene, child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, it shall order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

• — 2024, c. 23, s. 3

  • • 3 (1) The portion of subsection 164.1(1) of the Act before paragraph (a) is replaced by the following:

      • Warrant of seizure

        • 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — namely, child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy available — that is stored on and made available through a computer system as defined in subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

    • (2) Subsection 164.1(5) of the Act is replaced by the following:

      • Order

        (5) If the court is satisfied, on a balance of probabilities, that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, it may order the custodian of the computer system to delete the material.

    • (3) Subsection 164.1(7) of the Act is replaced by the following:

      • Return of material

        (7) If the court is not satisfied that the material is child sexual abuse and exploitation material as defined in section 163.1, a voyeuristic recording, an intimate image, an advertisement of sexual services or an advertisement for conversion therapy, or computer data as defined in subsection 342.1(2) that makes child sexual abuse and exploitation material, the voyeuristic recording, the intimate image, the advertisement of sexual services or the advertisement for conversion therapy available, the court shall order that the electronic copy be returned to the custodian of the computer system and terminate the order under paragraph (1)(b).

• — 2024, c. 23, s. 4

  • 4 The portion of subsection 171.1(5) of the Act before paragraph (a) is replaced by the following:

    • Definition of sexually explicit material

      (5) In subsection (1), sexually explicit material means material that is not child sexual abuse and exploitation material, as defined in subsection 163.1(1), and that is

• — 2024, c. 23, s. 5

  • 5 Subparagraph (a)(xxix) of the definition offence in section 183 of the Act is replaced by the following:

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

• — 2024, c. 23, s. 6

  • 6 Subsection 486.4(3) of the Act is replaced by the following:

    • Child sexual abuse and exploitation material

      (3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

• — 2024, c. 23, s. 7

  • 7 Subparagraph (a)(i.8) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:

    • (i.8) section 163.1 (child sexual abuse and exploitation material),

• — 2024, c. 23, s. 8

  • 8 Subparagraph (a)(viii) of the definition designated offence in subsection 490.011(1) of the Act is replaced by the following:

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

• — 2024, c. 23, s. 9

  • 9 Subsection 672.501(2) of the Act is replaced by the following:

    • Order restricting publication — child sexual abuse and exploitation material

      (2) Where a Review Board holds a hearing referred to in section 672.5 in respect of an accused who has been declared not criminally responsible on account of mental disorder or unfit to stand trial for an offence referred to in section 163.1, a Review Board shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child sexual abuse and exploitation material within the meaning of section 163.1, shall not be published in any document or broadcast or transmitted in any way.

• — 2024, c. 23, s. 10

  • 10 Subparagraph (b)(vi) of the definition designated offence in section 752 of the Act is replaced by the following:

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

• — 2024, c. 23, s. 11

  • 11 Paragraph 753.1(2)(a) of the Act is replaced by the following:

    • (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child sexual abuse and exploitation material), 163.1(3) (distribution, etc., of child sexual abuse and exploitation material), 163.1(4) (possession of child sexual abuse and exploitation material) or 163.1(4.1) (accessing child sexual abuse and exploitation material), section 170 (parent or guardian procuring sexual activity), 171 (householder permitting sexual activity), 171.1 (making sexually explicit material available to child), 172.1 (luring a child) or 172.2 (agreement or arrangement — sexual offence against child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon), 273 (aggravated sexual assault) or 279.011 (trafficking — person under 18 years) or subsection 279.02(2) (material benefit — trafficking of person under 18 years), 279.03(2) (withholding or destroying documents — trafficking of person under 18 years), 286.1(2) (obtaining sexual services for consideration from person under 18 years), 286.2(2) (material benefit from sexual services provided by person under 18 years) or 286.3(2) (procuring — person under 18 years), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and

• — 2024, c. 23, s. 13

  • Proceedings not invalid

    13 The amendments made by this Act do not affect the validity of any proceedings, brought under the Criminal Code or any other Act of Parliament, that are related to section 163.1 of the Criminal Code and are ongoing on the day on which this Act comes into force. The amendments do not affect the validity of any document related to those proceedings and any reference to “child pornography” in such a document is to be read as a reference to “child sexual abuse and exploitation material”.