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.

• — 2015, c. 23, s. 30

  • 2010, c. 17, s. 21(2)

    30 Subsection 490.031(3) of the Criminal Code is replaced by the following:

    • Proof of certain facts by certificate

      (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• — 2015, c. 23, s. 31

  • 2007, c. 5, s. 29

    31 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following:

    • Offence

      490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable

• — 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.

• — 2019, c. 9, s. 16

  • 2015, c. 27, s. 18

    16 The definition non-restricted firearm in subsection 84(1) of the Criminal Code is replaced by the following:

    non-restricted firearm

    non-restricted firearm means a firearm that is neither a prohibited firearm nor a restricted firearm; (arme à feu sans restriction)

• — 2019, c. 9, s. 18

  • 2015, c. 27, s. 34

    18 Subsections 117.15(3) and (4) of the Act are repealed.

• — 2021, c. 2, s. 1(2.1)

  • • 1 (2.1) Subsection 241.2(2.1) of the Act is repealed.

• — 2023, c. 26, s. 211

  • 211 Subsection 462.32(4.1) of the French version of the Criminal Code is replaced by the following:

    • Restitution des produits

      (4.1) Sous réserve de la présente loi et de toute autre loi fédérale, l’agent de la paix qui a saisi une chose en vertu d’un mandat délivré par un juge en vertu du présent article peut, avec le consentement du procureur général donné par écrit, restituer la chose saisie, sur réception d’un reçu à cet effet, à la personne qui a droit à la possession légitime de celle-ci si, à la fois :

      • a) il est convaincu qu’il n’y a aucune contestation quant à la possession légitime de la chose saisie;

      • b) il est convaincu que la détention de la chose saisie n’est pas nécessaire aux fins d’une confiscation;

      • c) la chose saisie est restituée avant le dépôt d’un rapport auprès du greffier du tribunal en vertu de l’alinéa (4)b).

• — 2023, c. 26, s. 212

  • 212 The Act is amended by adding the following after section 462.32:

    • Special warrant — digital assets

      • 462.321 (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, may be the subject of an order of forfeiture made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to

        • (a) search for the digital assets by using a computer program, as defined in subsection 342.1(2); and

        • (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, may be the subject of such an order of forfeiture.

      • Terms and conditions

        (2) The warrant shall contain any terms and conditions that the judge considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

      • Procedure

        (3) An application for a warrant under subsection (1) may be made ex parte, shall be made in writing and shall include a statement as to whether any previous applications have been made under subsection (1) with respect to the property that is the subject of the application.

      • Detention and record of property seized

        (4) Every person who executes a warrant issued by a judge under this section shall

        • (a) detain or cause to be detained any seized property, taking reasonable care to ensure that it is preserved so that it may be dealt with in accordance with the law;

        • (b) as soon as practicable after the execution of the warrant, cause the following to be sent to the usual place of residence of any person from whom the property is seized if that usual place of residence is in Canada and is known to the person executing the warrant:

          • (i) a copy of the warrant, and

          • (ii) a notice in Form 5.1, varied to suit the case, setting out the address of the court from which a copy of a report on the seized property may be obtained;

        • (c) as soon as practicable after the execution of the warrant but within a period of not more than seven days, prepare a report in Form 5.3, varied to suit the case, identifying the seized property and the manner in which it is being detained, and cause the report to be filed with the clerk of the court; and

        • (d) cause a copy of the report to be provided, on request, to the person from whom the property was seized and to any other person who, in the opinion of the judge, appears to have a valid interest in the seized property.

      • Return

        (5) Subject to this or any other Act of Parliament, a peace officer or a person acting on their behalf may, with the written consent of the Attorney General, on being issued a receipt for it, cause the seized property to be returned to the person lawfully entitled to its possession, if

        • (a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the seized property;

        • (b) the peace officer is satisfied that the continued detention of the seized property is not required for the purpose of forfeiture; and

        • (c) the seized property is returned before a report is filed with the clerk of the court under paragraph (4)(c).

      • Notice

        (6) Before issuing a warrant under this section in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before the issuance of the warrant would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part of it could not be seized under the warrant.

      • Undertakings by Attorney General

        (7) Before issuing a warrant under this section, a judge shall require the Attorney General to give any undertakings that the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the issuance and execution of the warrant.

• — 2023, c. 26, s. 213

  • 213 The portion of subsection 462.331(1) of the Act before paragraph (a) is replaced by the following:

    • Management order

      • 462.331 (1) With respect to property seized under section 462.32 or 462.321 or restrained under section 462.33, other than a controlled substance, within the meaning of the Controlled Drugs and Substances Act, or cannabis, as defined in subsection 2(1) of the Cannabis Act, on application of the Attorney General or of any other person with the written consent of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

• — 2023, c. 26, s. 214

  • • 214 (1) Subsection 462.34(1) of the Act is replaced by the following:

      • Application for review of special warrants and restraint orders

        • 462.34 (1) Any person who has an interest in property that was seized under a warrant issued under section 462.32 or 462.321 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge for

          • (a) an order under subsection (4);

          • (b) permission to examine any seized property that does not consist of digital assets; or

          • (c) an order requiring an accounting of any seized digital assets.

    • (2) The portion of subsection 462.34(6) of the English version of the Act before paragraph (a) is replaced by the following:

      • Conditions to be satisfied

        (6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding and

    • (3) The portion of paragraph 462.34(6)(a) of the Act before subparagraph (i) is replaced by the following:

      • (a) that a warrant should not have been issued under section 462.32 or 462.321 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, in the case where the application is made by

    • (4) The portion of paragraph 462.34(6)(a) of the English version of the Act after subparagraph (i) is replaced by the following:

      • (ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property; or

    • (5) The portion of subsection 462.34(6) of the English version of the Act after paragraph (b) is repealed.

• — 2023, c. 26, s. 215

  • 215 Section 462.341 of the Act is replaced by the following:

    • Application of property restitution provisions

      462.341 Subsection 462.34(2), paragraph 462.34(4)(c) and subsections 462.34(5), (5.1) and (5.2) apply, with any modifications that the circumstances require, to a person who has an interest in money, bank-notes or virtual currency or other digital assets that are seized under this Act, the Controlled Drugs and Substances Act or the Cannabis Act and in respect of which proceedings may be taken under subsection 462.37(1) or (2.01) or 462.38(2).

• — 2023, c. 26, s. 216

  • 216 Subsection 462.35(1) of the Act is replaced by the following:

    • Expiration of special warrants and restraint orders

      • 462.35 (1) Subject to this section, if property has been seized under a warrant issued under section 462.32 or 462.321 or a restraint order has been made under section 462.33 in relation to property, the property may be detained or the order may continue in force, as the case may be, for a period not exceeding six months from the seizure or the making of the order, as the case may be.

• — 2023, c. 26, s. 217

  • 217 Section 462.36 of the Act is replaced by the following:

    • Forwarding to clerk where accused to stand trial

      462.36 If a judge issues a warrant under section 462.32 or 462.321 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for a designated offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed under paragraph 462.32(4)(b) or 462.321(4)(c) or of the restraint order in respect of the property.

• — 2023, c. 26, s. 218

  • • 218 (1) The portion of subsection 462.43(1) of the Act before paragraph (a) is replaced by the following:

      • Residual disposal of property seized or dealt with under special warrants or restraint orders

        • 462.43 (1) If property has been seized under a warrant issued under section 462.32 or 462.321, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into under paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge

    • (2) The portion of paragraph 462.43(1)(c) of the English version of the Act before subparagraph (i) is replaced by the following:

      • (c) in the case of property seized under a warrant issued under section 462.32 or 462.321 or property under the control of a person appointed under paragraph 462.331(1)(a),

• — 2023, c. 26, s. 219

  • • 219 (1) Paragraph 462.48(1.1)(b) of the Act is replaced by the following:

      • (b) an offence against subsection 119(1), section 120, subsection 121(1) or (2), section 122 or subsection 123(1) or (2), or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;

      • (b.1) an offence against subsection 279.01(1), 279.011(1) or 279.02(1) or (2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;

      • (b.2) an offence against subsection 346(1) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;

      • (b.3) an offence against paragraph 380(1)(a) or subsection 380(2) or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;

    • (2) Subsection 462.48(1.1) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):

      • (e) an offence against subsection 3(1) of the Corruption of Foreign Public Officials Act, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; or

      • (f) an offence against section 354, 355.2, 355.4 or 462.31 — or a conspiracy or attempt to commit, or being an accessory after the fact in relation to such an offence — if the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

        • (i) the commission in Canada of an offence referred to in any of paragraphs (a) to (e), or

        • (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in any of those paragraphs.

• — 2023, c. 26, s. 220

  • 220 Subsection 487.1(1) of the Act is amended by adding the following after paragraph (j):

    • (j.1) a warrant under subsection 462.321(1);

• — 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.