PART 7R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
143 Section 83.221 of the Act is replaced by the following:
Marginal note:Counselling commission of terrorism offence
83.221 (1) Every person who counsels another person to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.
(2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled.
144 The definition terrorist propaganda in subsection 83.222(8) of the Act is replaced by the following:
- terrorist propaganda
terrorist propaganda means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)
145 The heading before section 83.28 and sections 83.28 and 83.29 of the Act are repealed.
(b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.
(2) The portion of subsection 83.3(4) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Arrestation sans mandat
(4) Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire pour empêcher qu’une activité terroriste ne soit entreprise, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants :
(3) Paragraph 83.3(4)(b) of the English version of the Act is replaced by the following:
(b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.
147 Subsections 83.31(1) and (1.1) of the Act are repealed.
Marginal note:Sunset provision
83.32 (1) Section 83.3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).
(1.1) A comprehensive review of section 83.3 and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
(1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.
Marginal note:Order in council
(2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.
(2) Subsections 83.32(4) and (5) of the Act are replaced by the following:
Marginal note:Subsequent extensions
(4) The operation of section 83.3 may be further extended in accordance with this section, but
(a) the reference to “at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and
(b) the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.2) is to be read as a reference to “the expiry of the most recent extension under this section”.
149 Subsection 83.33(1) of the Act is repealed.
150 Subparagraph (a)(xii.81) of the definition offence in section 183 of the Act is replaced by the following:
(xii.81) section 83.221 (counselling commission of terrorism offence),
151 Subsection 486.6(1) of the Act is replaced by the following:
486.6 (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
152 Subparagraph (a.1)(i.091) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:
(i.091) section 83.221 (counselling commission of terrorism offence),
153 Section 810.011 of the Act is amended by adding the following after subsection (14):
Marginal note:Annual report
(15) Each year, the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report setting out the number of recognizances entered into under this section in the previous year.
154 The Act is amended by adding the following after section 810.4:
Marginal note:Orders under sections 486 to 486.5 and 486.7
810.5 (1) Sections 486 to 486.5 and 486.7 apply, with any necessary modifications, to proceedings under any of sections 83.3 and 810 to 810.2.
Marginal note:Offence — order restricting publication
(2) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.6.
Marginal note:Continued application
155 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act.
Marginal note:Proceedings continued
156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day.
Marginal note:No report for year before coming into force
Section 83.3 of the Criminal Code
157.1 If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3.
1992, c. 20Consequential Amendment to the Corrections and Conditional Release Act
(a.92) section 83.221 (counselling commission of terrorism offence);
- Date modified: