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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)

Assented to 2018-12-13

R.S., c. C-46Criminal Code (continued)

 Subsection 279(3) of the Act is repealed.

Marginal note:R.S., c. 27 (1st Supp.), s. 40(1)

 Subsection 279.1(3) of the Act is repealed.

 Section 288 of the Act is repealed.

  •  (1) The portion of section 294 of the English version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Pretending to solemnize marriage

    294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who

  • (2) Paragraph 294(a) of the Act is replaced by the following:

    • (a) solemnizes or pretends to solemnize a marriage without lawful authority; or

  • (3) The portion of section 294 of the English version of the Act after paragraph (b) is repealed.

 Section 296 of the Act and the heading before it are repealed.

 Paragraph 299(c) of the Act is replaced by the following:

  • (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.

Marginal note:2014, c. 31, s. 15

 The portion of subsection 327(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession of device to obtain use of telecommunication facility or service

  • 327 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to use a telecommunication facility or obtain a telecommunication service without payment of a lawful charge, knowing that the device has been used or is intended to be used for that purpose, is

 Section 337 of the Act is repealed.

Marginal note:2014, c. 31, s. 17(1)

 The portion of subsection 342.2(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession of device to obtain unauthorized use of computer system or to commit mischief

  • 342.2 (1) Every person who, without lawful excuse, makes, possesses, sells, offers for sale, imports, obtains for use, distributes or makes available a device that is designed or adapted primarily to commit an offence under section 342.1 or 430, knowing that the device has been used or is intended to be used to commit such an offence, is

Marginal note:1997, c. 18, s. 21

 Subsection 349(1) of the Act is replaced by the following:

Marginal note:Being unlawfully in dwelling-house

  • 349 (1) Every person who, without lawful excuse, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or of an offence punishable on summary conviction.

 Subparagraph 350(b)(ii) of the Act is replaced by the following:

  • (ii) he entered without lawful justification or excuse by a permanent or temporary opening.

Marginal note:2008, c. 18, s. 9

 The portion of subsection 351(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Possession of break-in instrument

  • 351 (1) Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose,

 Section 352 of the Act is replaced by the following:

Marginal note:Possession of instruments for breaking into coin-operated or currency exchange devices

352 Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into a coin-operated device or a currency exchange device, knowing that the instrument has been used or is intended to be used for that purpose, is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.

 The portion of subsection 354(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Obliterated vehicle identification number

    (2) In proceedings in respect of an offence under subsection (1), evidence that a person has in their possession a motor vehicle the vehicle identification number of which has been wholly or partially removed or obliterated or a part of a motor vehicle being a part bearing a vehicle identification number that has been wholly or partially removed or obliterated is, in the absence of any evidence to the contrary, proof that the motor vehicle or part, as the case may be, was obtained,

Marginal note:R.S., c. 27 (1st Supp.), s. 51

 Sections 359 and 360 of the Act are repealed.

 Section 365 of the Act is repealed.

Marginal note:2014, c. 31, s. 18

 Sections 370 and 371 of the Act are repealed.

  •  (1) The portion of subsection 376(1) of the English version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Counterfeiting stamp, etc.

    • 376 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years who

  • (2) The portion of paragraph 376(1)(b) of the Act before subparagraph (i) is replaced by the following:

    • (b) knowingly and without lawful excuse has in their possession

  • (3) Paragraph 376(1)(c) of the Act is replaced by the following:

    • (c) without lawful excuse makes or knowingly has in their possession a die or instrument that is capable of making the impression of a stamp or part of a stamp.

  • (4) The portion of subsection 376(1) of the English version of the Act after paragraph (c) is repealed.

 Section 379 of the Act is replaced by the following:

Marginal note:Definition of goods

379 In this Part, goods means anything that is the subject of trade or commerce.

 Section 402 of the Act is repealed.

Marginal note:2009, c. 28, s. 10

 Subsection 402.2(1) of the Act is replaced by the following:

Marginal note:Identity theft

  • 402.2 (1) Every person commits an offence who obtains or possesses another person’s identity information with intent to use it to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.

 Sections 404 and 405 of the Act are replaced by the following:

Marginal note:Acknowledging instrument in false name

405 Every person who, without lawful authority or excuse, acknowledges, in the name of another person before a court or a judge or other person authorized to receive the acknowledgment, a recognizance of bail, a confession of judgment, a consent to judgment or a judgment, deed or other instrument is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

 Section 413 of the Act is repealed.

  •  (1) The portion of subsection 417(1) of the English version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Applying or removing marks without authority

    • 417 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who,

  • (2) Paragraph 417(1)(a) of the Act is replaced by the following:

    • (a) without lawful authority applies a distinguishing mark to anything, or

  • (3) The portion of subsection 417(1) of the English version of the Act after paragraph (b) is repealed.

  • (4) The portion of subsection 417(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Unlawful transactions in public stores

      (2) Every person who, without lawful authority, receives, possesses, keeps, sells or delivers public stores that they know bear a distinguishing mark is guilty of

 

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