Criminal Code (R.S.C., 1985, c. C-46)
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Act current to 2024-08-18 and last amended on 2024-07-20. Previous Versions
AMENDMENTS NOT IN FORCE
— 2015, c. 16, s. 3
3 The Act is amended by adding the following after section 279.04:
Sentences to be served consecutively
279.05 A sentence imposed on a person for an offence under sections 279.01 to 279.03 shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.
— 2018, c. 16, s. 190
Bill C-28
190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:
Victim surcharge
737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
— 2018, c. 21, ss. 51(1), (2)
Bill C-39
51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.
(2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.
— 2018, c. 29, s. 79
Bill C-39
79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.
(2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.
— 2018, c. 29, s. 80
Bill C-337
80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.
(2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.
— 2021, c. 2, s. 1(2.1)
1 (2.1) Subsection 241.2(2.1) of the Act is repealed.
— 2023, c. 26, s. 610
610 (1) The definition criminal rate in subsection 347(2) of the Criminal Code is replaced by the following:
- criminal rate
criminal rate means an annual percentage rate of interest calculated in accordance with generally accepted actuarial practices and principles that exceeds 35 per cent on the credit advanced; (taux criminel)
(2) Subsection 347(4) of the Act is replaced by the following:
Proof of annual percentage rate
(4) In any proceedings under this section, a certificate of a Fellow of the Canadian Institute of Actuaries stating that they have calculated the annual percentage rate of interest on any credit advanced and setting out the calculations and the information on which they are based is, in the absence of evidence to the contrary, proof of the annual percentage rate of interest without proof of the signature or official character of the person appearing to have signed the certificate.
— 2023, c. 26, s. 611
611 The Act is amended by adding the following after section 347:
Agreement or arrangement
347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation.
Regulations
(2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, provide for the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply.
— 2023, c. 26, s. 612
612 (1) Subsection 347.1(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the total cost of borrowing under the agreement does not exceed the limit fixed by regulation;
(2) Section 347.1 of the Act is amended by adding the following after subsection (2):
Regulation — limit
(2.1) For the purposes of paragraph (2)(a.1), the Governor in Council may, by regulation, on the recommendation of the Minister of Justice and after that Minister’s consultation with the Minister of Finance, fix the limit.
Clarification
(2.2) If section 347 does not apply to a person by reason of subsection (2) immediately before a regulation made under subsection (2.1) comes into force, that section continues not to apply to the person if the total cost of borrowing under the agreement did not exceed the limit that applied immediately before the regulation came into force.
— 2023, c. 28, s. 35
35 Section 743.2 of the Act is replaced by the following:
Report by court to Correctional Service
743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.
— 2023, c. 28, ss. 48.1(1), (3)
Bill C-291
48.1 (1) Subsections (2) to (4) apply if Bill C- 291, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material) (in this section referred to as the “other Act”), receives royal assent.
(3) If subsection 6(2) of this Act comes into force before section 8 of the other Act, then that section 8 is replaced by the following:
8 Subparagraph (a)(xi) of the definition primary offence in subsection 490.011(1) of the Act is replaced by the following:
(xi) section 163.1 (child sexual abuse and exploitation material),
— 2023, c. 30, ss. 4(1), (2)
Bill S-205
4 (1) Subsections (2) and (3) apply if Bill S-205, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders) (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 1(4) of this Act comes into force before subsection 1(3) of the other Act, then that subsection 1(3) is repealed.
— 2023, c. 32, s. 0.1
0.1 (1) Section 2.1 of the Criminal Code is replaced by the following:
Further definitions — firearms
2.1 In this Act, ammunition, antique firearm, automatic firearm, cartridge magazine, cross-bow, firearm part, handgun, imitation firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm and restricted weapon, as well as authorization, licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 0.2
0.2 (1) Subsection 83.3(10) of the Act is replaced by the following:
Conditions — firearms
(10) Before making an order under paragraph (8)(a), the judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and if the judge decides that it is so desirable, they shall add the condition to the recognizance.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1
1 (1) and (2) [In force]
(3) The definition prohibition order in subsection 84(1) of the Act is replaced by the following:
- prohibition order
prohibition order means an order made under this Act or any other Act of Parliament prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; (ordonnance d’interdiction)
(4) [In force]
(5) Subsection 84(1) of the Act is amended by adding the following in alphabetical order:
- firearm part
firearm part means a barrel for a firearm, a slide for a handgun and any other prescribed part, but does not include, unless otherwise prescribed, a barrel for a firearm or a slide for a handgun if that barrel or slide is designed exclusively for use on a firearm that is deemed under subsection 84(3) not to be a firearm; (pièce d’arme à feu)
(6) and (7) [In force]
(8) Subsections (3) and (5) come into force on a day or days to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1.1
1.1 (1) The portion of subsection 99(1) of the Act after paragraph (b) is replaced by the following:
a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under any Act of Parliament.
(2) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:
Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1.2
1.2 (1) The portion of subsection 100(1) of the Act before paragraph (a) is replaced by the following:
Possession for purpose of weapons trafficking
100 (1) Every person commits an offence who possesses a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition for the purpose of
(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:
Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part, any ammunition or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1.3
1.3 (1) Subsection 101(1) of the Act is replaced by the following:
Transfer without authority
101 (1) Every person commits an offence who transfers a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition to any person otherwise than under the authority of the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1.5
1.5 (1) Paragraphs 103(1)(a) and (b) of the Act are replaced by the following:
(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or
(b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,
(2) The portion of subsection 103(2) of the Act before paragraph (a) is replaced by the following:
Punishment — firearm
(2) Every person who commits an offence under subsection (1) when the object in question is a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited device, a firearm part or any prohibited ammunition is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 1.6
1.6 (1) Paragraphs 104(1)(a) and (b) of the Act are replaced by the following:
(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition, or
(b) any component or part, other than a firearm part, designed exclusively for use in the manufacture of or assembly into an automatic firearm,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 3.1
3.1 (1) The portion of subsection 109(1) of the Act after paragraph (c.1) is replaced by the following:
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance and, at the time of the offence, the person was prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2) or (3), as the case may be.
(2) The portion of paragraph 109(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, firearm part, ammunition and explosive substance during the period that
(3) Subsection 109(3) of the English version of the Act is replaced by the following:
Duration of prohibition order — subsequent offences
(3) An order made under subsection (1) shall, in any case other than a case described in subsection (2), prohibit the person from possessing any firearm, cross-bow, restricted weapon, firearm part, ammunition and explosive substance for life.
(4) Subsections (1) to (3) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 3.2
3.2 (1) The portion of subsection 110(1) of the Act after paragraph (a) is replaced by the following:
(b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, and if the court decides that it is so desirable, the court shall so order.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, ss. 4(2) to (4)
4 (2) Subsection 110.1(1) of the Act is replaced by the following:
Application for emergency prohibition order
110.1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
(3) Subsection 110.1(3) of the Act is replaced by the following:
Emergency prohibition order
(3) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.
(4) Subsections (2) and (3) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, ss. 5(1), (2)
5 (1) Subsection 111(1) of the Act is replaced by the following:
Application for prohibition order
111 (1) A peace officer, firearms officer or chief firearms officer may apply to a provincial court judge for an order prohibiting a person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, if the peace officer, firearms officer or chief firearms officer believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.
(2) Subsection 111(5) of the Act is replaced by the following:
Prohibition order
(5) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist, the provincial court judge shall make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for the period, not exceeding five years, that is specified in the order, beginning on the day on which the order is made.
— 2023, c. 32, s. 9.1
9.1 Subsection 117.01(1) of the Act is replaced by the following:
Possession contrary to order
117.01 (1) Subject to subsection (4), every person commits an offence who possesses a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance while the person is prohibited from doing so by any order made under this Act or any other Act of Parliament.
— 2023, c. 32, ss. 10(2), (3)
10 (2) Paragraph 117.0101(1)(a) of the Act is replaced by the following:
(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and
(3) Subsection (2) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 10.1
10.1 (1) Paragraph 117.011(1)(a) of the Act is replaced by the following:
(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things; and
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 11.1
11.1 (1) Paragraphs 117.02(1)(a) and (b) of the Act are replaced by the following:
(a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or
(b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 11.2
11.2 (1) Subsections 117.04(1) and (2) of the Act are replaced by the following:
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, a firearm part, 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, firearm part, 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.
Search and seizure without warrant
(2) Where, with respect to any person, a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person or any other person, for the person to possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, the peace officer may, where the grounds for obtaining a warrant under subsection (1) exist but, by reason of a possible danger to the safety of that person or any other person, it would not be practicable to obtain a warrant, search for 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.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 11.3
11.3 (1) The portion of subsection 117.05(4) of the Act before paragraph (a) is replaced by the following:
Forfeiture and prohibition order on finding
(4) If, following the hearing of an application made under subsection (1), the justice finds that it is not desirable in the interests of the safety of the person from whom the thing was seized or of any other person that the person should possess any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or any such thing, the justice shall
(2) Paragraph 117.05(4)(b) of the English version of the Act is replaced by the following:
(b) where the justice is satisfied that the circumstances warrant such an action, order that the possession by that person of any weapon, prohibited device, firearm part, ammunition, prohibited ammunition and explosive substance, or of any such thing, be prohibited during any period, not exceeding five years, that is specified in the order, beginning on the making of the order.
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, ss. 12(1), (2)
12 (1) Paragraphs 117.07(1)(b) and (c) of the Act are replaced by the following:
(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of the public officer’s duties or employment;
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of the public officer’s duties or employment;
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 12.1
12.1 (1) Paragraphs 117.071(b) and (c) of the Act are replaced by the following:
(b) transfers or offers to transfer a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition in the course of their duties or employment;
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition in the course of their duties or employment; or
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 12.2
12.2 (1) Paragraphs 117.08(b) and (c) of the Act are replaced by the following:
(b) manufactures or transfers, or offers to manufacture or transfer, a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or any prohibited ammunition,
(c) exports or imports a firearm, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part or any prohibited ammunition,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 12.3
12.3 (1) Subsection 117.09(3) of the Act is replaced by the following:
Employees of carriers
(3) Notwithstanding any other provision of this Act, but subject to section 117.1, no individual who is employed by a carrier, as defined in subsection 2(1) of the Firearms Act, is guilty of an offence under this Act or that Act by reason only that the individual, in the course of the individual’s duties or employment, possesses any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition or prohibited ammunition or transfers, or offers to transfer any such thing.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.1
13.1 (1) Paragraphs 491(1)(a) and (b) of the Act are replaced by the following:
(a) a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence and that thing has been seized and detained, or
(b) that a person has committed an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance and any such thing has been seized and detained,
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.2
13.2 (1) Paragraph 501(3)(h) of the Act is replaced by the following:
(h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.3
13.3 (1) The portion of subsection 515(4.1) of the Act after paragraph (c) is replaced by the following:
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance, or
(e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,
the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
(2) Subparagraph 515(6)(a)(viii) of the Act is replaced by the following:
(viii) that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);
(3) Subsections (1) and (2) come into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.4
13.4 (1) Subsection 810(3.1) of the Act is replaced by the following:
Conditions
(3.1) Before making an order under subsection (3), the justice or the summary conviction court shall consider whether it is desirable, in the interests of the safety of the defendant or of any other person, to include as a condition of the recognizance that the defendant be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all such things, for any period specified in the recognizance and, if the justice or summary conviction court decides that it is so desirable, the justice or summary conviction court shall add such a condition to the recognizance.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.5
13.5 (1) Subsection 810.01(5) of the Act is replaced by the following:
Conditions — firearms
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.6
13.6 (1) Subsection 810.011(7) of the Act is replaced by the following:
Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.7
13.7 (1) Subsection 810.02(7) of the Act is replaced by the following:
Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.8
13.8 (1) Subsection 810.1(3.03) of the Act is replaced by the following:
Conditions — firearms
(3.03) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.9
13.9 (1) Subsection 810.2(5) of the Act is replaced by the following:
Conditions — firearms
(5) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.10
13.10 (1) Paragraph 5(i) of Form 10 of Part XXVIII of the Act is replaced by the following:
□ (i) You must not possess a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender those that are in your possession and also any authorization, licence or registration certificate or other document enabling you to acquire or possess them to (name or title) at (place).
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.11
13.11 (1) The portion of Form 11 of Part XXVIII of the Act that begins with “You must not possess” and ends with “(name or title) at (place).” is replaced by the following:
□ You must not possess a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and you must surrender any of them in your possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm to (name or title) at (place).
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 13.12
13.12 (1) Paragraph (c) of Form 32 of Part XXVIII of the Act after the heading “List of Conditions” is replaced by the following:
□ (c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.1 and 810.2 of the Criminal Code);
(2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council.
— 2023, c. 32, s. 70
Bill S-4
70 (1) Subsections (2) to (4) apply if Bill S-4, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures) (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both section 2 of the other Act and section 4 of this Act are in force
(a) the portion of subsection 110.1(7) of the Criminal Code before paragraph (a) is replaced by the following:
Report to justice
(7) A peace officer who executes a warrant referred to in subsection (5) or who conducts a search without a warrant under subsection (6) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing
(b) the English version of subsection 110.2(4) of the Criminal Code is replaced by the following:
Procedure
(4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 110.1(3), the warrant issued under subsection 110.1(5) or, in the case of a search and seizure conducted without a warrant under subsection 110.1(6), the report made under subsection 110.1(7) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).
(3) On the first day on which both section 2 of the other Act and section 10 of this Act are in force,
(a) the portion of subsection 117.0101(8) of the Criminal Code before paragraph (a) is replaced by the following:
Report to justice
(8) A peace officer who executes a warrant referred to in subsection (6) or who conducts a search without a warrant under subsection (7) shall immediately make a report to a justice having jurisdiction in respect of the matter and, in the case of an execution of a warrant, jurisdiction in the province in which the warrant was issued, showing
(b) the English version of subsection 117.0102(4) of the Criminal Code is replaced by the following:
Procedure
(4) If an order is made under subsection (1), all documents relating to, as the case may be, the order made under that subsection, the order made under subsection 117.0101(3), the warrant issued under subsection 117.0101(6) or, in the case of a search and seizure conducted without a warrant under subsection 117.0101(7), the report made under subsection 117.0101(8) shall — subject to any terms and conditions that the provincial court judge considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning partial disclosure of a document, deletion of any information or the occurrence of a condition — be immediately placed in a packet and sealed by the judge, and the packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (5).
(4) On the first day on which section 22 of the other Act and sections 4 and 10 of this Act are all in force
(a) the portion of subsection 487.093(1) of the Criminal Code before paragraph (a) is replaced by the following:
Duty of person executing certain warrants
487.093 (1) A person who executes a warrant issued under subsection 110.1(5), 117.0101(6), 117.04(1), 199(1), 395(1) or 487(1) shall, during that execution,
(b) subsection 487.1(1) of the Criminal Code is amended by adding the following after paragraph (b):
(b.1) a warrant under subsection 110.1(5);
(b.2) a warrant under subsection 117.0101(6);
— 2024, c. 15, s. 307
307 Subsection 83.13(11) of the Criminal Code is replaced by the following:
Procedure
(11) Subsection 462.32(4), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
— 2024, c. 15, s. 308
308 Section 462.31 of the Act is amended by adding the following after subsection (1):
Prosecution
(1.1) Subject to subsection (1.3), in a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that the accused knew, believed they knew or was reckless as to the specific nature of the designated offence.
Inference
(1.2) Subject to subsection (1.3), the court may infer that an accused had the knowledge or belief or demonstrated the recklessness referred to in subsection (1) if it is satisfied, given the circumstances of the offence, that the manner in which the accused dealt with the property or its proceeds is markedly unusual or the accused’s dealings are inconsistent with lawful activities typical of the sector in which they take place, including business activities.
Exception
(1.3) Subsections (1.1) and (1.2) do not apply in cases where the accused is also charged with the designated offence.
— 2024, c. 15, s. 309
309 (1) Subsection 462.32(1) of the Act is replaced by the following:
Special search warrant
462.32 (1) Subject to subsection (3), if a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place any property that is proceeds of crime, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to
(a) search the building, receptacle or place for that property; and
(b) seize that property and any other property that that person or peace officer believes, on reasonable grounds, is proceeds of crime.
(2) Section 462.32 of the Act is amended by adding the following after subsection (2):
Conditions
(2.01) A warrant issued under subsection (1) may be subject to any reasonable conditions that the judge thinks fit.
(3) Subsection 462.32(6) of the Act is repealed.
— 2024, c. 15, s. 310
310 (1) The portion of subsection 462.321(1) of the Act before paragraph (a) is replaced by the following:
Special warrant — digital assets
462.321 (1) If, on an application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, are proceeds of crime, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to
(2) Paragraph 462.321(1)(b) of the Act is replaced by the following:
(b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, are proceeds of crime.
(3) Subsection 462.321(2) of the Act is replaced by the following:
Conditions
(2) A warrant issued under subsection (1) may be subject to any reasonable conditions that the judge thinks fit.
(4) Section 462.321 of the Act is amended by adding the following after subsection (3):
Execution in Canada
(3.1) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.
(5) Subsection 462.321(7) of the Act is repealed.
— 2024, c. 15, s. 311
311 (1) Paragraph 462.33(2)(c) of the Act is replaced by the following:
(c) the grounds for the belief that the property is proceeds of crime;
(2) Subsection 462.33(3) of the Act is replaced by the following:
Restraint order
(3) A judge who hears an application for a restraint order made under subsection (1) may, if the judge is satisfied that there are reasonable grounds to believe that there exists any property that is proceeds of crime, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.
(3) Subsection 462.33(7) of the Act is repealed.
— 2024, c. 15, s. 312
312 (1) Paragraph 487.018(1)(a) of the Act is replaced by the following:
(a) the account number of a person named in the order or the name of a person whose account number is specified in the order, as well as, in the case of digital assets, including virtual currency, the name and account number of a person whose identifier associated with digital assets is specified in the order;
(2) The portion of subsection 487.018(2) of the Act before paragraph (b) is replaced by the following:
Identification of person
(2) For the purpose of confirming the identity of a person who is named or whose account number or identifier associated with digital assets is specified in the order, the order may also require the institution, person or entity to prepare and produce a document setting out the following data that is in their possession or control:
(a) the date of birth of a person who is named or whose account number or identifier associated with digital assets is specified in the order;
— 2024, c. 15, s. 313
313 Form 1 of Part XXVIII of the Act is amended by replacing the references after the heading “FORM 1” with the following:
(Sections 320.29, 462.32, 462.321 and 487)
— 2024, c. 16, par. 57(1)(d)
Replacement of “Security of Information Act” — Acts
57 (1) Every reference to the “Security of Information Act” is replaced by a reference to the “Foreign Interference and Security of Information Act” in the following provisions:
(d) in the Criminal Code,
(i) paragraph (j) of the definition offence in section 183,
(ii) paragraph 486.5(2.1)(d), and
(iii) the portion of paragraph (c.1) of the definition primary designated offence in section 487.04 before subparagraph (i);
— 2024, c. 16, s. 60
60 (1) The portion of subsection 52(1) of the Criminal Code before paragraph (a) is replaced by the following:
Sabotage
52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act with the intent to endanger
(2) Section 52 of the Act is amended by adding the following after subsection (4):
For greater certainty
(5) For greater certainty, no person commits an offence under subsection (1) if they do a prohibited act while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) and (b).
— 2024, c. 16, s. 61
61 The Act is amended by adding the following after section 52:
Sabotage — essential infrastructure
52.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to
(a) endanger the safety, security or defence of Canada;
(b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or
(c) cause a serious risk to the health or safety of the public or any segment of the public.
Definition of essential infrastructure
(2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following:
(a) transportation infrastructure;
(b) information and communication technology infrastructure;
(c) water and wastewater management infrastructure;
(d) energy and utilities infrastructure;
(e) health services infrastructure;
(f) food supply and food services infrastructure;
(g) government operations infrastructure;
(h) financial infrastructure; and
(i) any other infrastructure prescribed by regulations.
Saving — stop work
(3) No person commits an offence under subsection (1) by reason only that
(a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment;
(b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or
(c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees.
Saving — obtaining or communicating information
(4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information.
For greater certainty
(5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) to (c).
Regulations
(6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2).
Sabotage — device
52.2 (1) Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under subsection 52(1) or 52.1(1).
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) is guilty of an offence punishable on summary conviction.
Definition of device
(3) For the purposes of this section, device includes a computer program as defined in subsection 342.1(2).
Attorney General’s consent
52.3 No proceeding for an offence under subsection 52(1), 52.1(1) or 52.2(1) shall be instituted without the Attorney General’s consent.
— 2024, c. 16, s. 62
62 The definition offence in section 183 of the Act is amended by adding the following after subparagraph (a)(iii):
(iii.01) section 52.1 (sabotage — essential infrastructure),
(iii.02) section 52.2 (sabotage — device),
— 2024, c. 16, s. 63
63 (1) Paragraph 185(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Subsection 185(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
— 2024, c. 16, s. 64
64 (1) Paragraph 186(1.1)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Subsection 186(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
— 2024, c. 16, s. 65
65 (1) Paragraph 186.1(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13;
(2) Section 186.1 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
— 2024, c. 16, s. 66
66 Paragraph 196(5)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13,
— 2024, c. 16, s. 67
67 (1) Paragraph 196.1(5)(a) of the Act is replaced by the following:
(a) an offence under section 52, 52.1, 52.2, 467.11, 467.12 or 467.13;
(2) Subsection 196.1(5) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act; or
— 2024, c. 16, s. 68
68 Paragraph 462.48(1.1)(c) of the Act is replaced by the following:
(c) an offence against section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;
— 2024, c. 16, s. 69
69 Paragraph 486.5(2.1)(c) of the Act is replaced by the following:
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act; or
— 2024, c. 16, s. 70
70 (1) Subparagraph (c.1)(ii) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:
(ii) subsection 20(1) (intimidation, threats or violence),
(ii.1) subsection 20.1(1) (intimidation, threats or violence outside Canada),
(ii.2) subsection 20.2(1) (committing indictable offence for foreign entity),
(ii.3) subsection 20.3(1) (engaging in surreptitious or deceptive conduct),
(ii.4) subsection 20.4(1) (influencing political or governmental process), and
(2) The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (c)(i):
(i.0001) subsection 52.1(1) (sabotage — essential infrastructure),
(i.0002) subsection 52.2(1) (sabotage — device),
— 2024, c. 16, s. 71
71 (1) Paragraph 515(4.1)(e) of the Act is replaced by the following:
(e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act,
(2) Paragraph 515(4.3)(d) of the Act is replaced by the following:
(d) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(3) Subparagraphs 515(6)(a)(iv) and (v) of the Act are replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act,
(v) that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act committed in relation to an offence referred to in subparagraph (iv),
— 2024, c. 16, s. 72
2023, c. 32
72 On the first day on which both subsection 13.3(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023, and subsection 71(1) of this Act are in force, paragraph 515(4.1)(e) of the English version of the Criminal Code is replaced by the following:
(e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act,
— 2024, c. 16, s. 73
2023, c. 32 and Bill C-332
73 If a provision of any of the following Acts (in this section referred to as the “other Act”) that amends subsection 515(4.1) of the Criminal Code comes into force or, in the case of a coordinating amendment, produces its effects on or after the day on which subsection 71(1) comes into force, on the day on which that provision of the other Act comes into force or produces its effects, as the case may be, subsection 515(4.1) of the French version of the Criminal Code is amended by replacing “d’une infraction visée au paragraphe 20(1) de la Loi sur la protection de l’information, ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée au paragraphe 20(1)” with “d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1) de la Loi sur l’ingérence étrangère et la protection de l’information, ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1)”:
(a) An Act to amend certain Acts and to make certain consequential amendments (firearms), chapter 32 of the Statutes of Canada, 2023; or
(b) An Act to amend the Criminal Code (coercive control of intimate partner), if Bill C-332 introduced in the 1st session of the 44th Parliament receives royal assent.
— 2024, c. 16, s. 88
88 (1) Paragraphs 83.039(2)(a) to (c) of the Criminal Code are repealed.
(2) Paragraph 83.039(2)(e) of the Act is repealed.
(3) Section 83.039 of the Act is amended by adding the following after subsection (2):
For greater certainty
(2.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the judicial review proceedings referred to in subsection (1).
— 2024, c. 16, s. 89
89 Paragraphs 83.05(6)(a) and (b) of the Act are repealed.
— 2024, c. 16, s. 90
90 Section 83.06 of the Act is replaced by the following:
Return of information
83.06 (1) For the purposes of subsection 83.05(6), any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister of Public Safety and Emergency Preparedness shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if
(a) the judge determines that the information is not relevant;
(b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or
(c) the Minister withdraws the information.
For greater certainty
(2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under subsection 83.05(5).
— 2024, c. 16, s. 100
100 Paragraph 487.3(2)(a) of the Criminal Code is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after that subparagraph:
(iii.1) be injurious to international relations, national defence or national security, or
— 2024, c. 17, ss. 336(1), (2)
336 (1) The portion of subsection 347(1) of the Criminal Code before paragraph (a) is replaced by the following:
Criminal interest rate
347 (1) Despite any other Act of Parliament, every person who enters or offers to enter into an agreement or arrangement to receive interest at a criminal rate, who advertises an offer to enter into an agreement or arrangement that provides for the receipt of interest at a criminal rate or who receives a payment or partial payment of interest at a criminal rate is
(2) The definitions credit advanced and interest in subsection 347(2) of the Act are replaced by the following:
- credit advanced
credit advanced means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement, or that would be advanced if an agreement or arrangement — as offered, including in an advertisement — was entered into, minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement; (capital prêté)
- interest
interest means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, or that would be paid or payable if such an agreement or arrangement was entered into, by or on behalf of the person to whom the credit is or is to be advanced, or would be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, or would be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage or hypothec transaction, any amount required to be paid on account of property taxes; (intérêt)
— 2024, c. 17, s. 337
337 The portion of subsection 347.1(2) of the Act before paragraph (b) is replaced by the following:
Non-application — person
(2) Section 347 and section 2 of the Interest Act do not apply to a person, other than a financial institution within the meaning of paragraphs (a) to (d) of the definition financial institution in section 2 of the Bank Act, who has entered into or has offered to enter into a payday loan agreement to receive interest, has advertised an offer to enter into a payday loan agreement that provides for the receipt of interest or has received interest under a payday loan agreement, if
(a) the amount of money that is or would be advanced under the agreement is $1,500 or less and the term of the agreement is or would be 62 days or less;
— 2024, c. 17, s. 338
2023, c. 26
338 (1) In this section, other Act means the Budget Implementation Act, 2023, No. 1.
(2) If section 611 of the other Act comes into force before subsection 336(1) of this Act, then, on the day on which that subsection 336(1) comes into force, section 347.01 of the Criminal Code is replaced by the following:
Non-application — agreements or arrangements
347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.
Non-application — offers and advertisements
(1.1) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.
Regulations
(2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for
(a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or
(b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.
(3) If subsection 336(1) of this Act comes into force before section 611 of the other Act, then that section 611 is amended by replacing the section 347.01 that it enacts with the following:
Non-application — agreements or arrangements
347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.
Non-application — offers and advertisements
(2) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.
Regulations
(3) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for
(a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or
(b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.
(4) If section 611 of the other Act comes into force on the same day as subsection 336(1) of this Act, then that subsection 336(1) is deemed to have come into force before that section 611 and subsection (3) applies as a consequence.
(5) If subsection 612(1) of the other Act comes into force before section 337 of this Act, then that section 337 is amended by adding, after the paragraph 347.1(2)(a) that it enacts, the following:
(a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation;
(6) If section 337 of this Act comes into force before subsection 612(1) of the other Act, then that subsection 612(1) is amended by replacing the paragraph 347.1(2)(a.1) that it enacts with the following:
(a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation;
(7) If subsection 612(1) of the other Act comes into force on the same day as section 337 of this Act, then that subsection 612(1) is deemed to have come into force before that section 337 and subsection (5) applies as a consequence.
— 2024, c. 17, s. 356
356 The Criminal Code is amended by adding the following after section 487.013:
Keep account open or active order
487.0131 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to keep an account specified in the order open or active unless the holder of the account requests that the person close or deactivate the account.
Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.0031 that there are reasonable grounds to suspect that
(a) an offence has been or will be committed under this or any other Act of Parliament; and
(b) keeping the account open or active will assist in the investigation of the offence.
Form
(3) The order is to be in Form 5.0032.
Notification
(4) The order is to require the person to notify a peace officer or public officer named in the order as soon as practicable after the account is closed or deactivated at the request of the holder of the account.
Limitation
(5) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Expiry of order
(6) Unless the order is revoked earlier, it expires 60 days after the day on which it is made.
Renewals
(7) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required.
Conditions for renewal
(8) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.0031 that the conditions specified in subsection (2) are met.
— 2024, c. 17, s. 357
357 The Act is amended by adding the following after section 487.014:
Production order — specified dates
487.0141 (1) On ex parte application made by a peace officer or public officer, a justice or judge may order a person to produce a document that is a copy of a document that is in their possession or control on any of the dates specified in the order or prepare and produce a document containing data that is in their possession or control on any of the dates specified in the order.
Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that
(a) an offence has been or will be committed under this or any other Act of Parliament; and
(b) the document or data, if it is in the person’s possession or control on any of the dates to be specified in the order, will afford evidence respecting the commission of the offence.
Form
(3) The order is to be in Form 5.0051.
Dates specified in order
(4) The order may specify up to 10 dates that fall within the 60-day period after the day on which it is made.
Suspicious transactions
(5) The order may also require the person to produce to a peace officer or public officer named in the order a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is in effect if the justice or judge is satisfied by information on oath in Form 5.004 that there are reasonable grounds to believe that the information contained in such a report will afford evidence respecting the commission of the offence referred to in subsection (2).
Restrictions
(6) The person must not be required to
(a) produce documents more than once in any 72-hour period;
(b) produce a document that is a copy of a document that was in their possession or control before the day on which the order is made; or
(c) prepare and produce a document that contains data that was in their possession or control before the day on which the order is made.
Limitation
(7) A person who is under investigation for the offence referred to in subsection (2) may not be made subject to an order.
Expiry of order
(8) Unless the order is revoked earlier, it expires 60 days after the day on which it is made.
Renewals
(9) A justice or judge may renew the order for a period of not more than 60 days on ex parte application made by a peace officer or public officer indicating the reason and period for which the renewal is required.
Conditions for renewal
(10) Before renewing the order, the justice or judge must be satisfied by information on oath in Form 5.004 that the conditions specified in subsection (2) are met.
Dates specified in renewed order
(11) If the order is renewed, it may specify up to 10 dates during the period for which it is renewed.
— 2024, c. 17, s. 358
358 Subsection 487.019(1) of the Act is replaced by the following:
Conditions in preservation and production orders
487.019 (1) An order made under any of sections 487.013 to 487.018 may contain any conditions that the justice or judge considers appropriate including, in the case of an order made under section 487.014 or 487.0141, conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.
— 2024, c. 17, s. 359
359 Subsections 487.0191(1) and (2) of the Act are replaced by the following:
Order prohibiting disclosure
487.0191 (1) On ex parte application made by a peace officer or public officer, a justice or judge may make an order prohibiting a person from disclosing the existence or some or all of the contents of a preservation demand made under section 487.012 or an order made under any of sections 487.013 to 487.018 during the period set out in the order.
Conditions for making order
(2) Before making the order, the justice or judge must be satisfied by information on oath in Form 5.009 that there are reasonable grounds to believe that the disclosure during that period would jeopardize the conduct of the investigation of the offence to which the demand or order relates.
— 2024, c. 17, s. 360
360 (1) Subsection 487.0192(1) of the Act is replaced by the following:
Particulars — production orders
487.0192 (1) An order made under any of sections 487.014, 487.0141 and 487.016 to 487.018 must require a person, financial institution or entity to produce the document to a peace officer or public officer named in the order within the time, at the place and in the form specified in the order.
(2) Subsection 487.0192(5) of the Act is replaced by the following:
Probative force of copies
(5) Every copy of a document produced under section 487.014 or 487.0141 is admissible in evidence in proceedings under this or any other Act of Parliament on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.
— 2024, c. 17, s. 361
361 The Act is amended by adding the following after section 487.0192:
Application for review of keep account open or active order
487.01921 (1) A person who is subject to an order made under section 487.0131 may apply in writing to the justice or judge who made the order, or to a judge in the judicial district where the order was made, to revoke or vary the order.
Notice required
(2) The person may make the application only if they give at least three days’ notice of their intention to do so to a peace officer or public officer named in the order.
Compliance with order
(3) The person must comply with the order until a decision is made with respect to the application.
Hearing
(4) The hearing of the application must be commenced within 14 days after the application is made or as soon as practicable after that period.
Revocation or variation of order
(5) The justice or judge may revoke or vary the order if they are satisfied that it is unreasonable in the circumstances to require the person to keep the account open or active.
— 2024, c. 17, s. 362
362 Section 487.0195 of the Act is replaced by the following:
For greater certainty
487.0195 (1) For greater certainty, no preservation demand, preservation order, keep account open or active order or production order is necessary for a peace officer or public officer to ask a person to voluntarily preserve data that the person is not prohibited by law from preserving, to voluntarily keep an account open or active that the person is not prohibited by law from keeping open or active or to voluntarily provide a document to the officer that the person is not prohibited by law from disclosing.
No civil or criminal liability
(2) A person who preserves data, keeps an account open or active or provides a document in those circumstances does not incur any criminal or civil liability for doing so.
— 2024, c. 17, s. 363
363 Part XXVIII of the Act is amended by adding the following after Form 5.003:
FORM 5.0031(Subsections 487.0131(2) and (8))Information To Obtain a Keep Account Open or Active Order
Canada,
Province of
(territorial division)
This is the information of (name of peace officer or public officer), of
(“the informant”).The informant says that they have reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that keeping (specify the account) open or active will assist in the investigation of the offence.
The reasonable grounds are:
The informant therefore requests that (name of the person) be ordered to keep (specify the account) open or active for 60 days after the day on which the order is made.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
FORM 5.0032(Subsection 487.0131(3))Keep Account Open or Active Order
Canada,
Province of
(territorial division)
To (name of person), of
:Whereas I am satisfied by information on oath of (name of peace officer or public officer), of
, that there are reasonable grounds to suspect that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that keeping (specify the account) open or active will assist in the investigation of the offence;Therefore, you are required to
(a) keep the specified account open or active until (insert date) unless the holder of the account requests that you close or deactivate it or this order is revoked or varied; and
(b) notify (name of peace officer or public officer) as soon as practicable after the account is closed or deactivated at the request of the holder of the account.
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
— 2024, c. 17, s. 364
364 Form 5.004 of Part XXVIII of the Act is replaced by the following:
FORM 5.004(Subsections 487.014(2), 487.0141(2), (5) and (10), 487.015(2), 487.016(2), 487.017(2) and 487.018(3))Information To Obtain a Production Order
Canada,
Province of
(territorial division)
This is the information of (name of peace officer or public officer), of
(“the informant”).The informant says that they have reasonable grounds to suspect (or, if the application is for an order under section 487.014 or 487.0141 of the Criminal Code, reasonable grounds to believe)
(a) that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament); and
(b) (if the application is for an order under section 487.014 of the Criminal Code) that (specify the document or data) is in the possession or control of (name of the person) and will afford evidence respecting the commission of the offence.
(or)
(b) (if the application is for an order under section 487.0141 of the Criminal Code) that (specify the document or data), if it is in the possession or control of (name of the person) on (specify the dates to be specified in the order), will afford evidence respecting the commission of the offence (and if applicable, and that the information contained in all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect will afford evidence respecting the commission of the offence).
(or)
(b) (if the application is for an order under section 487.015 of the Criminal Code) that the identification of a device or person involved in the transmission of (specify the communication) will assist in the investigation of the offence and that (specify the transmission data) that is in the possession or control of one or more persons whose identity is unknown will enable that identification.
(or)
(b) (if the application is for an order under section 487.016 of the Criminal Code) that (specify the transmission data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.017 of the Criminal Code) that (specify the tracking data) is in the possession or control of (name of the person) and will assist in the investigation of the offence.
(or)
(b) (if the application is for an order under section 487.018 of the Criminal Code) that (specify the data) is in the possession or control of (name of the financial institution, person or entity) and will assist in the investigation of the offence.
The reasonable grounds are:
The informant therefore requests
(if the application is for an order under section 487.014 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control when they receive the order (and/or to prepare and produce a document containing (specify the data) that is in their possession or control when they receive the order).
(or)
(if the application is for an order under section 487.0141 of the Criminal Code) that (name of the person) be ordered to produce a document that is a copy of (specify the document) that is in their possession or control on (specify the dates to be specified in the order) (and/or to prepare and produce a document containing (specify the data) that is in their possession or control on (specify the dates to be specified in the order)) (and if applicable, and that the person be ordered to produce a copy of all reports made under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period the order is to be in effect).
(or)
(if the application is for an order under section 487.015 of the Criminal Code) that a person who is served with the order in accordance with subsection 487.015(4) of the Criminal Code be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they are served with the order.
(or)
(if the application is for an order under section 487.016 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the transmission data) that is in their possession or control when they receive the order.
(or)
(if the application is for an order under section 487.017 of the Criminal Code) that (name of the person) be ordered to prepare and produce a document containing (specify the tracking data) that is in their possession or control when they receive the order.
(or)
(if the application is for an order under section 487.018 of the Criminal Code) that (name of the financial institution, person or entity) be ordered to prepare and produce a document setting out (specify the data) that is in their possession or control when they receive the order.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
— 2024, c. 17, s. 365
365 Part XXVIII of the Act is amended by adding the following after Form 5.005:
FORM 5.0051(Subsection 487.0141(3))Production Order — Specified Dates
Canada,
Province of
(territorial division)
To (name of person), of
:Whereas I am satisfied by information on oath of (name of peace officer or public officer),
, that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data), if it is in your possession or control on any of the dates specified in this order, will afford evidence respecting the commission of the offence (and if applicable, and that the information contained in all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period this order is in effect will afford evidence respecting the commission of the offence);Therefore, you are ordered to
produce a document that is a copy of (specify the document) that is in your possession or control on (specify up to six dates)
(and/or)
prepare and produce a document containing (specify the data) that is in your possession or control on (specify up to six dates)
(and if applicable)
produce a copy of all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
The document (and if applicable and the copy of the report) must be produced to (name of peace officer or public officer) within (time) of each of the dates specified in this order at (place) in (form).
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
— 2024, c. 17, s. 366
366 Forms 5.009 and 5.0091 of Part XXVIII of the Act are replaced by the following:
FORM 5.009(Subsection 487.0191(2))Information To Obtain a Non-Disclosure Order
Canada,
Province of
(territorial division)
This is the information of (name of peace officer or public officer), of
(“the informant”).The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:
(specify portion or portions)
The reasonable grounds are:
The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
FORM 5.0091(Subsection 487.0191(3))Non-Disclosure Order
Canada,
Province of
(territorial division)
To (name of person, financial institution or entity), of
:Whereas I am satisfied by information on oath of (name of peace officer or public officer), of
, that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.
(specify portion or portions)
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
— 2024, c. 17, s. 378
Bill C-59
378 If Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023, receives royal assent, then, on the first day on which both section 308 of that Act and section 371 of this Act are in force,
(a) subsections 462.31(1.1) to (1.3) of the Criminal Code are repealed; and
(b) section 462.31 of the Criminal Code is amended by adding the following after subsection (2.1):
Prosecution
(2.2) Subject to subsection (2.4), in a prosecution for an offence under subsection (1) or (2.1), it is not necessary for the prosecutor to prove that the accused knew, believed they knew or was reckless as to the specific nature of the designated offence.
Inference
(2.3) Subject to subsection (2.4), the court may infer that an accused had the knowledge or belief or demonstrated the recklessness referred to in subsection (1) if it is satisfied, given the circumstances of the offence, that the manner in which the accused dealt with the property or its proceeds is markedly unusual or the accused’s dealings are inconsistent with lawful activities typical of the sector in which they take place, including business activities.
Exception
(2.4) Subsections (2.2) and (2.3) do not apply in cases where the accused is also charged with the designated offence.
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