An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act (S.C. 2018, c. 29)

• 11 (1) Subsection 163(1) of the Act is replaced by the following:

  Marginal note:Obscene materials

  • 163 (1) Every person commits an offence who makes, prints, publishes, distributes, circulates or has in their possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record or any other obscene thing.

• (2) The portion of subsection 163(2) of the English version of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Idem

    (2) Every person commits an offence who knowingly, without lawful justification or excuse,

    • (a) sells, exposes to public view or has in their possession for that purpose any obscene written matter, picture, model, phonograph record or any other obscene thing; or

• (3) Paragraphs 163(2)(c) and (d) of the Act are repealed.

• (4) Subsection 163(7) of the Act is repealed.

Marginal note:2014, c. 25, s. 46(2)

• 12 (1) Paragraph 164(1)(c) of the Act is replaced by the following:

  • (c) the publication, copies of which are kept for sale or distribution in premises within the jurisdiction of the court, is obscene, within the meaning of subsection 163(8);

• Marginal note:2014, c. 25, s. 46(3)

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

  • Marginal note:Owner and maker may appear

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

  • Marginal note: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 pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct.

  • Marginal note: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 pornography, a voyeuristic recording, an intimate image or an advertisement of sexual services, 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.

• (3) The definition crime comic in subsection 164(8) of the Act is repealed.

13 Section 165 of the Act is repealed.

13.1 Paragraphs 176(1)(a) and (b) of the Act are replaced by the following:

14 Sections 177 and 178 of the Act are replaced by the following:

Marginal note:2004, c. 15, s. 108

15 Subparagraph (a)(xxviii) of the definition offence in section 183 of the Act is replaced by the following:

16 Section 198 of the Act is repealed.

Marginal note:1999, c. 5, s. 6(2)

• 17 (1) Paragraph 207(4)(c) of the Act is replaced by the following:

  • (c) for the purposes of paragraphs (1)(b) to (f), a game or proposal, scheme, plan, means, device, contrivance or operation described in any of paragraphs 206(1)(a) to (g) that is operated on or through a computer, video device, slot machine or a dice game.

• (2) Section 207 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Definition of slot machine

    (4.01) In paragraph 4(c), slot machine means any automatic machine or slot machine, other than any automatic machine or slot machine that dispenses as prizes only one or more free games on that machine, that

    • (a) is used or intended to be used for any purpose other than selling merchandise or services; or

    • (b) is used or intended to be used for the purpose of selling merchandise or services if

      • (i) the result of one of any number of operations of the machine is a matter of chance or uncertainty to the operator,

      • (ii) as a result of a given number of successive operations by the operator, the machine produces different results, or

      • (iii) on any operation of the machine, it discharges or emits a slug or token.

18 The portion of subsection 215(2) of the Act before paragraph (a) is replaced by the following:

Marginal note:1992, c. 38, s. 1

• 19 (1) Section 273.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Consent

    (1.1) Consent must be present at the time the sexual activity in question takes place.

  • Marginal note:Question of law

    (1.2) The question of whether no consent is obtained under subsection 265(3) or subsection (2) or (3) is a question of law.

• (2) The portion of subsection 273.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:No consent obtained

    (2) For the purpose of subsection (1), no consent is obtained if

• Marginal note:1992, c. 38, s. 1

  (2.1) Paragraph 273.1(2)(b) of the Act is replaced by the following:

  • (a.1) the complainant is unconscious;

  • (b) the complainant is incapable of consenting to the activity for any reason other than the one referred to in paragraph (a.1);

• Marginal note:1992, c. 38, s. 1

  (3) Subsection 273.1(3) of the French version of the Act is replaced by the following:

  • Marginal note:Précision

    (3) Le paragraphe (2) n’a pas pour effet de limiter les circonstances dans lesquelles il n’y a pas de consentement de la part du plaignant.