Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

 Subsection 11(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

  •  (1) Paragraph 12(1)(b) of the Act is replaced by the following:

    • (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity;

  • (2) Subsection 12(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

    • (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value.

 The Act is amended by adding the following after section 12:

Marginal note:Assistance for judgment creditors
  • 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests:

    • (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and

    • (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada.

  • Marginal note:Disclosure of information

    (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose

    • (a) information that was produced in or for a government institution, without the authorization of the government institution; and

    • (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information.

  • Definition of “government institution”

    (3) In subsection (2), “government institution” means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament.

 Subsection 13(2) of the Act is replaced by the following:

  • Marginal note:Exception

    (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

PART 2SENTENCING

R.S., c. C-46Criminal Code

 Subsection 7(4.1) of the Criminal Code is amended by replacing “171” with “171, 171.1, 172.1, 172.2”.

Marginal note:2005, c. 32, s. 3

 Paragraphs 151(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2005, c. 32, s. 3

 Paragraphs 152(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2005, c. 32, s. 4(2)

 Paragraphs 153(1.1)(a) and (b) of the Act are replaced by the following:

  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

 Subsection 155(2) of the Act is replaced by the following:

  • Marginal note:Punishment

    (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years.

Marginal note:R.S., c. 19 (3rd Supp.), s. 3; 2008, c. 6, par. 54(d)

 Subsection 160(3) of the Act is replaced by the following:

  • Marginal note:Bestiality in presence of or by child

    (3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality,

    • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

Marginal note:2002, c. 13, s. 4(2); 2008, c. 6, par. 54(e)
  •  (1) Subsection 161(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

    • (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or

    • (d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court.

  • (2) Paragraph 161(1.1)(a) of the Act is amended by replacing

    • (a) “171 or 172.1” with “171, 171.1, 172.1 or 172.2”;

    • (b) “173(2)” with “173(2) or 212(1), (2), (2.1) or (4)”; and

    • (c) “273 or 281” with “273, 280 or 281”.

Marginal note:2005, c. 32, s. 7(2)
  •  (1) Paragraph 163.1(2)(b) of the Act is replaced by the following:

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:2005, c. 32, s. 7(3)

    (2) Paragraph 163.1(3)(b) of the Act is replaced by the following:

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term not exceeding two years less a day and to a minimum punishment of imprisonment for a term of six months.

  • Marginal note:2005, c. 32, s. 7(4)

    (3) Paragraphs 163.1(4)(a) and (b) of the Act are replaced by the following:

    • (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

  • Marginal note:2005, c. 32, s. 7(5)

    (4) Paragraphs 163.1(4.1)(a) and (b) of the Act are replaced by the following:

    • (a) an indictable offence and is liable to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months; or

    • (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months and to a minimum punishment of imprisonment for a term of 90 days.

Marginal note:2008, c. 18, s. 4

 The portion of subsection 164.2(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Forfeiture after conviction
  • 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, 172.1 or 172.2, in addition to any other punishment that it may impose, may order that anything — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing

Marginal note:2005, c. 32, s. 9.1; 2008, c. 6, par. 54(f)

 Paragraphs 170(a) and (b) of the Act are replaced by the following:

  • (a) to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of one year if the person procured is under the age of 16 years; or

  • (b) to imprisonment for a term of not more than five years and to a minimum punishment of imprisonment for a term of six months if the person procured is 16 years of age or more but under the age of 18 years.

 
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