An Act to amend the Criminal Code and other Acts

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2004_12/FullText.html

An Act to amend the Criminal Code and other Acts

S.C. 2004, c. 12

Assented to 2004-04-22

An Act to amend the Criminal Code and other Acts

SUMMARY

This enactment amends the Criminal Code by

(a) establishing more serious offences for placing, or knowingly permitting to remain in a place, a trap, device or other thing that is likely to cause death or bodily harm to a person;

(b) permitting the use of as much force as is reasonably necessary on board an aircraft to prevent the commission of an offence that would be likely to cause immediate and serious injury to the aircraft or to any person or property in the aircraft;

(c) modifying the provision dealing with the provision of information on oath in relation to weapons; and

(d) creating an exemption to the offence of intercepting private communications in order to protect computer systems.

It amends the Financial Administration Act in order to authorize the federal government to take necessary measures to protect its computer systems.

It also amends the Canada Evidence Act, the Security of Information Act and the Criminal Code in order to make technical corrections, especially in relation to equivalence between the two official language versions.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46 CRIMINAL CODE

1. The portion of subsection 7(8) of the Criminal Code before paragraph (a) is replaced by the following:

Definition of “flight” and “in flight”

(8) For the purposes of this section, of the definition “peace officer” in section 2 and of sections 27.1, 76 and 77, “flight” means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of

2. The Act is amended by adding the following after section 27:

Marginal note:Use of force on board an aircraft

27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

Marginal note:Application of this section

(2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

Marginal note:1995, c. 39, s. 139

3. Subsection 117.04(1) of the Act is replaced by the following:

Marginal note: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, 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, 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.

4. (1) Subsection 184(2) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for

(i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or

(ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1).

(2) Section 184 of the Act is amended by adding the following after subsection (2):

Marginal note:Use or retention

(3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if

(a) it is essential to identify, isolate or prevent harm to the computer system; or

(b) it is to be disclosed in circumstances referred to in subsection 193(2).

5. Paragraph 193(2)(d) of the Act is amended by striking out the word “or” at the end of subparagraph (i), by adding the word “or” at the end of subparagraph (ii) and by replacing the portion after subparagraph (ii) with the following:

(iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2),

if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e);

6. Section 247 of the Act is replaced by the following:

Marginal note:Traps likely to cause bodily harm

247. (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not,

(a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or

(b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.

Marginal note:Bodily harm

(2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Marginal note:Offence-related place

(3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.

Marginal note:Offence-related place - bodily harm

(4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

Marginal note:Death

(5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:R.S., c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 24

7. The portion of paragraph 462.43(1)(c) of the Act before subparagraph (i) is replaced by the following:

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

Marginal note:2002 c. 13, s. 16(F)

8. Section 462.47 of the French version of the Act is replaced by the following:

Marginal note:Nullité des actions contre les informateurs

462.47 Il est entendu que, sous réserve de l'article 241 de la Loi de l'impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu'elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou qu'une autre personne a commis une infraction désignée ou s'apprête à le faire.

9. (1) Subsection 536(4) of the Act, as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:

Marginal note:Request for preliminary inquiry

(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge.

(2) The portion of subsection 536(4.1) of the Act before paragraph (a), as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:

Marginal note:Endorsement on the information

(4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

10. (1) Subsection 536.1(3) of the Act, as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:

Marginal note:Request for preliminary inquiry - Nunavut

(3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge.

(2) The portion of subsection 536.1(4) of the Act before paragraph (a), as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following:

Marginal note:Endorsement on the information

(4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing

Marginal note:1995, c. 22, s. 6

11. Paragraph 729(1)(b) of the English version of the Act is replaced by the following:

(b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs,

Marginal note:1995, c. 22, s. 6

12. Paragraph 732.2(1)(c) of the English version of the Act is replaced by the following:

(c) where the offender is under a conditional sentence order, at the expiration of the conditional sentence order.

Marginal note:1995, c. 22, s. 6

13. Subsection 741(1) of the Act is replaced by the following:

Marginal note:Enforcing restitution order

741. (1) Where an amount that is ordered to be paid under section 732.1, 738, 739 or 742.3, is not paid without delay, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:2002, c. 13, s. 75

14. Subsection 742.2(2) of the English version of the Act is replaced by the following:

Marginal note:Application of section 109 or 110

(2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110.

Marginal note:1999, c. 5, s. 41(4)

15. (1) The portion of subsection 742.6(10) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Warrant or arrest - suspension of running of conditional sentence order

(10) The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of

Marginal note:1999, c. 5, s. 41(4)

(2) Subsection 742.6(12) of the English version of the Act is replaced by the following:

Marginal note:Detention under s. 515(6)

(12) A conditional sentence order referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order.

Marginal note:1999, c. 5, s. 41(4)

(3) Subsections 742.6(14) to (16) of the English version of the Act are replaced by the following:

Marginal note:Unreasonable delay in execution

(14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15).

Marginal note:Allegation dismissed or reasonable excuse

(15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence order:

(a) any period for which the running of the conditional sentence order was suspended; and

(b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence order runs while the offender is detained under an order referred to in that subsection.

Marginal note:Powers of court

(16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence order.

Marginal note:1999, c. 5, s. 41(4)

(4) Paragraph 742.6(17)(c) of the English version of the Act is replaced by the following:

(c) the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period.

Marginal note:1999, c. 5, s. 42

16. (1) Subsection 742.7(1) of the English version of the Act is replaced by the following:

Marginal note:If person imprisoned for new offence

742.7 (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence.

Marginal note:1999, c. 5, s. 42

(2) Subsection 742.7(4) of the English version of the Act is replaced by the following:

Marginal note:Conditional sentence order resumes

(4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence.

Marginal note:R.S., c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 10 (Sch. I, s. 35)

17. Form 46 in Part XXVIII of the Act is replaced by the following:

FORM 46(Section 732.1)PROBATION ORDER

Canada,

Province of ................,

(territorial division).

Whereas on the ................ day of ................ at ................, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be);

And whereas on the ................ day of ................ the court adjudged*

*Use whichever of the following forms of disposition is applicable:

(a) that the offender be discharged on the following conditions:

(b) that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions:

(c) that the offender forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions:

(d) that the offender be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said offender comply with the following conditions:

(e) that following the expiration of the offender's conditional sentence order related to this or another offence, that the said offender comply with the following conditions:

(f) that following the expiration of the offender's sentence of imprisonment related to another offence, that the said offender comply with the following conditions:

(g) when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement:

Now therefore the said offender shall, for the period of ................ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender's sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition,

(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code).

Dated this ................ day of ................ A.D. ........, at ................ .

........................................

Clerk of the Court, Justice

or Provincial Court Judge

R.S., c. C-5 CANADA EVIDENCE ACT

Marginal note:2001, c. 41, s. 43

18. Section 37.21 of the Canada Evidence Act is repealed.

Marginal note:2001, c. 41, s. 43

19. Subsections 38.131(8) to (10) of the English version of the Act are replaced by the following:

Marginal note:Varying the certificate

(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly.

Marginal note:Cancelling the certificate

(9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate.

Marginal note:Confirming the certificate

(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate.

R.S., c. F-11 FINANCIAL ADMINISTRATION ACT

20. The Financial Administration Act is amended by adding the following after section 160:

Marginal note:Management or protection of computer systems

161. (1) The appropriate Minister, any public servant employed in a department, any employee of a Crown corporation or any person acting on behalf of a department or Crown corporation who performs duties relating to the management or protection of computer systems of the department or the Crown corporation may take reasonable measures for such purposes, including the interception of private communications in circumstances specified in paragraph 184(2)(e) of the Criminal Code.

Marginal note:Privacy protection

(2) Subject to subsection (3), with respect to an interception referred to in subsection (1), the appropriate Minister shall take reasonable measures to ensure that only data that is essential to identify, isolate or prevent harm to the computer system will be used or retained.

Marginal note:Limitation

(3) Nothing in this section affects any other lawful authority to intercept, use, retain, access or disclose a private communication.

Definition of “computer system”

(4) For the purposes this section, “computer system” means a device that, or a group of interconnected or related devices one or more of which,

(a) contains computer programs or other data; and

(b) pursuant to computer programs,

(i) performs logic and control, and

(ii) may perform any other function.

R.S. c. O-5; 2001, c. 41, s. 25 SECURITY OF INFORMATION ACT

Marginal note:2001, c. 41, s. 29

21. Paragraph (a) of the definition “special operational information” in subsection 8(1) of the English version of the Security of Information Act is replaced by the following:

(a) the identity of a person, agency, group, body or entity that was or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;

INTERPRETATION

Marginal note:Interpretation of 2001, c. 32, ss. 82(1), (2) and (4)

22. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001:

(a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title;

(b) the reference in subsection 82(2) of the Act to “section 25 of the other Act” refers to section 16 of Bill C-15A; and

(c) the reference in subsection 82(4) of the Act to “section 62 of the other Act” refers to section 52 of Bill C-15A.

Marginal note:Interpretation of 2001, c. 32, ss. 82(1) and (3)

23. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (“the Act”), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act:

(a) the reference in subsection 82(1) of the Act to “Bill C-15” refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and

(b) the reference in subsection 82(3) of the Act to “section 32 of the other Act” refers to section 8 of Bill C-10A.

COMING INTO FORCE

Marginal note:Coming into force

24. Section 17 comes into force on a day to be fixed by order of the Governor in Council.
Read Entire Law on laws-lois.justice.gc.ca