C-14 · Bail and Sentencing Reform Act

1This Act may be cited as the Bail and Sentencing Reform Act .

2(1) Paragraph (c) of the definition superior court of criminal jurisdiction in section 2 of the Criminal Code is replaced by the following: (c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador , the Court of Appeal or the Supreme Court, (2) Paragraph (e) of the definition superior court of criminal jurisdiction in section 2 of the Act is replaced by the following: (e) in Yukon and the Northwest Territories, the Supreme Court, and

3The definition superior court in subsection 84(1) of the Act is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following: (d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador and a territory, the Supreme Court; ( cour supérieure )

4Paragraph 145(5)(b) of the Act is replaced by the following: (b) is bound to comply with an order under subsection 515(12), 516.1(1) or 522(2.1) and who fails, without lawful excuse, to comply with that order.

5Paragraphs (c) and (d) of the definition court in subsection 164(8) of the Act are replaced by the following: (d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and

6(1) Paragraph 188(4)(c) of the Act is replaced by the following: (c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador , in Yukon and in the Northwest Territories, the Chief Justice of the Supreme Court; (2) Paragraph 188(4)(e) of the Act is repealed.

7Paragraphs (c) and (d) of the definition court in subsection 320(8) of the Act are replaced by the following: (d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and

8Subsection 320.24(4) of the Act is replaced by the following: (4) If an offender is found guilty of an offence under section 220, 221, 236 or 320.13, subsection 320.14(2) or (3) or 320.15(2) or (3) or any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).

9The Act is amended by adding the following after section 333.1: 333.11 (1) A sentence imposed on a person for an offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence under section 348 arising out of the same event or series of events. Sentences to be served consecutively — other offences (2) A sentence imposed on a person for a second or subsequent offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence arising out of the same event or series of events.

10The Act is amended by adding the following after section 334: 334.1 (1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343, 348, 351 or 354, it shall consider as an aggravating circumstance the fact that the offence was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant. Aggravating circumstance — essential infrastructure (2) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343 or 430, it shall consider as an aggravating circumstance the fact that the offence interfered with the access to or functioning of an essential infrastructure , as defined in subsection 52.1(2), or caused it to be unsafe or unfit for use.

11The Act is amended by adding the following after section 346: 346.1 A sentence imposed on a person for an offence under section 346 shall be served consecutively to any other sentence imposed on the person for an offence under any of sections 433 to 436 arising out of the same event or series of events.

12The heading before section 493 of the French version of the Act is replaced by the following: Définitions et interprétation

13The Act is amended by adding the following after section 493: 493.01 For greater certainty, a reference to an indictable offence includes an offence that may be punishable on summary conviction if it is also an offence that may be prosecuted by indictment, unless the prosecutor has elected to proceed by way of summary conviction.

14The Act is amended by adding the following after section 493.1: 493.11 (1) For greater certainty, section 493.1 does not require the accused to be released. Application (2) For the purposes of section 493.1, (a) a peace officer shall not release the accused if the peace officer believes on reasonable grounds that it is necessary in the public interest for the accused to be detained in custody under subsection 498(1.1), including for the safety and security of any victim of or witness to the offence; (b) a peace officer shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the purposes referred to in subsection 501(3), including the safety and security of any victim of or witness to the offence; (c) a justice or judge, as the case may be, shall not give primary consideration to the release of the accused at the earliest reasonable opportunity if the accused is one to whom subsection 515(6), 522(2) or 523(2.1) applies; (d) a justice or judge shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the grounds referred to in subsection 515(10), including the protection or safety of the public; and (e) a justice or judge shall not order that the accused be released if the detention of the accused is justified under subsection 515(10), including for the protection or safety of the public.

15Section 495.1 of the Act is replaced by the following: 495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.

16Subsection 502(2) of the Act is replaced by the following: (2) The accused or the prosecutor may, in the absence of consent between them, (a) apply to a justice for a release order referred to in section 515 to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order; or (b) apply to a justice to vary the undertaking in respect of which the accused has been released under section 498, 499 or 503, in which case the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be. If the prosecutor makes the application , the prosecutor must provide three days’ notice to the accused.

17The portion of subsection 503(1) of the Act before paragraph (a) is replaced by the following: 503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part or under section 705.1 shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:

18Subsection 507(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a): (a.1) if a hearing is held, hold it in camera ; and

19Paragraph 507.1(3)(a) of the Act is replaced by the following: (a) has heard and considered, ex parte and in camera , the allegations of the informant and the evidence of witnesses;

20(1) Subsection 508(1) of the Act is amended by adding the following after paragraph (a): (a.1) if a hearing is held, hold it in camera ; (2) Paragraph 508(1)(b) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (iii) in the case of the undertaking, amend it to correct the time and place set out in the condition requiring the accused to attend court; and

21Section 511 of the Act is amended by adding the following after subsection (2): (2.1) Despite subsection (2), a judge or justice having jurisdiction in the territorial division in which the warrant was issued may cancel the warrant on application by the prosecutor, with or without the appearance of the accused, if the judge or justice is satisfied that it is in the interests of justice to do so.

22Section 512.3 of the Act is replaced by the following: 512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking the accused before a justice under section 524.

23(1) Section 515 of the Act is amended by adding the following after subsection (2.03): (2.04) Subsection (2.01) does not apply to an accused to whom subsection (6) applies. (2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph (a): (a.1) whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted; or (3) Subsection 515(4.1) of the Act is replaced by the following: Condition prohibiting possession of firearms, etc. (4.1) When the justice makes an order under subsection (2) in respect of an accused who is charged with any of the following offences , 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: (a) an offence in the commission of which violence against a person was used, threatened or attempted; ( b ) a terrorism offence; (c) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization; ( d ) an offence under section 264 (criminal harassment); (e) an offence under section 346 (extortion); ( f ) an offence under section 423.1 (intimidation of a justice system participant); ( g ) an offence under subsection 423.2(1) (intimidation — health services); ( h ) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act ; ( i ) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act ; (j) 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; ( k ) 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. (4) Subsection 515(4.3) of the Act is amended by adding the following after paragraph (a): (a.1) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization; (5) Paragraph 515(4.3)(b) of the Act is amended by replacing “264” with “264, 346”. (6) Section 515 of the Act is amended by adding the following after subsection (4.3): Additional conditions (4.4) Before making an order under subsection (2) in respect of an accused who is charged with an offence described in subsection 333.1(1), (3) or (4) or paragraph 348(1)(d), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order that the accused (a) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary; (b) abstain from having in their possession any instrument specified in the order that is suitable for the purpose of breaking into any place or motor vehicle; or (c) return to and remain at their place of residence at the times specified in the order. (7) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following: Order of detention (6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10) , the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged (8) Subparagraph 515(6)(a)(iv) of the English version of the Act is replaced by the following: (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act , (9) Paragraph 515(6)(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after subparagraph (viii): (ix) that is an offence under any of sections 266 to 268 and 271 to 273 in the commission of which the accused is alleged to have choked, suffocated or strangled the complainant, (x) that is an offence under section 279.01 or 279.011, (xi) that is an offence under subsection 333.1(3) or (4), (xii) that is an offence under subsection 346 in the commission of which violence was allegedly used, threatened or attempted against any person, (xiii) that is an offence under paragraph 348(1)(d), or (xiv) that is an offence under section 117 or 118 of the Immigration and Refugee Protection Act ; (10) Paragraph 515(6)(b.2) of the Act is replaced by the following: (b.2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within 10 years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more; (11) Paragraph 515(10)(c) of the Act is amended by striking out “and” at the end of subparagraph (iii), by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv): (v) the number or gravity of any outstanding charges against the accused that arise out of separate events.

24Section 516 of the Act is replaced by the following: 516 A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.

516.1(1) A justice who remands an accused to custody under subsection 503(3) or 515(11) or section 516 may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary. Duration of order (2) An order made under subsection ( 1 ) remains in force, (a) until it is varied or revoked; (b) until an order in respect of the accused is made under section 515; (c) until the accused is acquitted of the offence, if applicable; or (d) until the time the accused is sentenced, if applicable.

25(1) Subsection 520(1) of the Act is replaced by the following: 520 (1) If a judge or justice makes an order under subsection 515(2), (5), (6), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.

26(1) Subsection 521(1) of the Act is replaced by the following: 521 (1) If a judge or justice makes an order under subsection 515(1), (2), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.

27(1) Subsection 522(2) of the Act is replaced by the following: (2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified within the meaning of subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection . (2) Section 522 of the Act is amended by adding the following after subsection (3): Non-application (3.1) For the purposes of subsection (3), subsection 515(2.01) does not apply to an accused referred to in subsection (2).

28(1) Subsection 523(1) of the Act replaced by the following: 523 (1) Subject to subsection (2) , if an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into, (a) if the accused is, at their trial, determined to be guilty of an offence listed in section 469 , until their trial is completed; (b) if the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469 , until a sentence within the meaning of section 673 is imposed on the accused; or (c) in any other case, until their trial is completed.

29(1) Paragraph 524(2)(b) of the Act is replaced by the following: (b) the accused has been arrested for having committed an offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section. (2) Paragraph 524(3)(b) of the Act is replaced by the following: (b) there are reasonable grounds to believe that the accused has committed an offence while being subject to the summons, appearance notice, undertaking or release order. (3) Subsections 524(4) and (5) of the Act are replaced by the following: (4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, they shall conduct a proceeding under section 515 in respect of the outstanding charges against the accused and order the release or detention of the accused on cause being shown in accordance with that section . Clarification — onus (5) For the purposes of subsection (4), if any of the outstanding charges include charges for an offence referred to in subsection 515(6) or 522(2), the judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.

30(1) Section 525 of the Act is amended by adding the following after subsection (4): (4.1) For greater certainty, if in conducting the hearing referred to in subsection (1) the judge conducts a proceeding under section 515, they shall order the release or detention of the accused on cause being shown in accordance with that section. (2) Section 525 of the Act is amended by adding the following after subsection (5): Detention order (5.1) If the judge does not make a release order under subsection (5), the judge shall make an order that the accused continue to be detained. The order is deemed to be a detention order made under section 515. Clarification — further hearing (5.2) For greater certainty, after an order is made under subsection (5.1), no further hearing under this section shall be held unless required by the judge under paragraph (4)(b).

31The portion of subsection 527(5) of the English version of the Act before paragraph (a) is replaced by the following: (5) If the appearance of a prisoner is required for the purposes of subsection (1), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is

32Paragraph (h.1) of the definition judge in section 552 of the Act is replaced by the following: (h.1) in the Province of Newfoundland and Labrador, a judge of the Supreme Court,

33Subparagraph 561(1)(b)(ii) of the French version of the Act is replaced by the following: (ii) tout mode de procès avec le consentement écrit du poursuivant.

34Subsection 672.5(13) of the Act is replaced by the following: (13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by videoconference for any part of the hearing. Remote appearance — compelling circumstances (13.01) Despite subsection (13), the court or Review Board may order their appearance by audioconference or videoconference if the court or Review Board determines that compelling circumstances exist to do so. Audioconference only (13.02) The court or Review Board may allow the accused to appear by audioconference only if it is satisfied that (a) videoconferencing is not readily available; and (b) the appearance by audioconference would permit the court or Review Board to conduct the proceedings effectively despite not seeing the accused. Factors (13.03) When deciding whether to make an order under subsection (13.01), the court or Review Board must take into account the following factors: (a) the accused’s right to a review of their disposition; (b) the location and personal circumstances of the accused, including any potential adverse effects of an audioconference or videoconference on the accused’s mental condition; (c) the suitability of the available technology and the location from where the parties will participate in the hearing; (d) the accused’s opportunity to communicate privately with legal counsel, if they are represented, or to have access to legal advice during the hearing; (e) the subject matter and the anticipated complexity of the hearing; and (f) any other factor that the court or Review Board considers relevant. Written reasons (13.04) If the court or Review Board decides to make the order, it must provide reasons in writing.

35Section 705 of the Act is amended by adding the following after subsection (3): (4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.1, authorize the release of the person referred to in the warrant, on an undertaking with conditions. Conditions — undertaking (5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding. Apply to vary undertaking (6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released. Deeming (7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.1.

36The Act is amended by adding the following after section 705: 705.1 (1) If a person has been arrested by a peace officer under a warrant issued under subsection 705(1) or (2) and the warrant has been endorsed under subsection 705(4), a peace officer may release the person if they give an undertaking in Form 10.1. Information required (2) The undertaking must set out (a) the name, date of birth and contact information of the person; and (b) information about the proceeding in which the person was served a subpoena or bound by a recognizance, to attend to give evidence. Mandatory conditions (3) The undertaking must include a condition that the person attend court at the time and place stated in the undertaking and to attend afterwards as required by the court. Other conditions (4) The undertaking must include any condition that is imposed by the court, judge, justice or provincial court judge under subsection 705(5) and set out in the endorsement made in Form 29.1. Signature — witness (5) The person referred to in subsection 705(1) or (2) shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them. Lack of signature — refusal or failure (6) If the person fails or refuses to sign, the lack of the person’s signature does not invalidate the undertaking. Conditions in effect (7) The conditions with respect to the undertaking remain in effect until they are cancelled or changed or until the person appears and remains in attendance at the proceeding as required by the mandatory condition.

37Subsection 708(2) of the Act is replaced by the following: (2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years less a day , or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to that person’s detention, if any.

38The Act is amended by adding the following after section 718.04: 718.05 If a court imposes a sentence for a second or subsequent offence under subsection 333.1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

718.06If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

718.07If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

39(1) Subparagraph 718.2(a)(iii.2) of the Act is replaced by the following: (iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, or was providing services as a first responder , (2) Paragraph 718.2(a) of the Act is amended by striking out “and” at the end of subparagraph (vi), by adding “and” at the end of subparagraph (vii) and by adding the following after subparagraph (vii): (viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,

40Paragraph 718.3(4)(b) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii): (iv) one of the offences was committed with the use of violence, threats or attempts of violence against another person and the accused has been convicted, within the previous five years, of one or more such offences.

41Section 734.5 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) where the proceeds of the fine belong to His Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of the legislature of a province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.

42The Act is amended by adding the following after section 734.5: 734.51 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority (a) respecting the sharing with that province or authority of the amounts in respect of fines that are collected in respect of the prosecution of offences commenced under this Act or any other Act of Parliament, for the purpose of providing for compensation by Canada to that province or authority, in whole or in part, for the administration and enforcement of this Act or any other Act of Parliament; and (b) despite subsections 17(1) and (4) of the Financial Administration Act , authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund. Appropriation by Parliament (2) All or a portion of the amount of fines referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.

43(1) Paragraph 742.1(c) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii): (ii.1) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (ii.2) section 273 (aggravated sexual assault), or (2) Section 742.1 of the Act is amended by striking out “and” at the end of subparagraph (c)(iii) and by adding the following after paragraph (c): (c.1) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions: (i) section 153.1 (sexual exploitation of person with disability), or (ii) section 271 (sexual assault); (c.2) the offence is not an offence, prosecuted by way of indictment, of a sexual nature, or committed for a sexual purpose, that involves a victim under 18 years of age; and

44(1) Paragraph 745.6(3)(c) of the Act is repealed. (2) Paragraph 745.6(3)(e) of the Act is replaced by the following: (e) in relation to the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador , the Chief Justice of the Supreme Court; and

45(1) Paragraph 812(1)(c) of the Act is replaced by the following: (c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador , the Supreme Court; (2) Paragraph 812(1)(g) of the Act is repealed.

46The reference to “The Trial Division of the Supreme Court” in column II of the schedule to Part XXV of the Act, opposite “Newfoundland and Labrador” in column I, is replaced by a reference to “The Supreme Court”.

47The paragraph of Form 6 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(Subsection 524(4) of the Criminal Code ).” is replaced by the following: If you do not comply with this summons or are charged with committing an offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code ).

48The paragraph of Form 6.2 of Part XXVIII of the Act that begins with “If you are on interim release” and ends with “(section 524 of the Criminal Code ).” is replaced by the following: If you are on interim release and do not comply with this summons or are charged with committing an offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code ).

49Paragraph (e) of Form 8 of Part XXVIII of the Act is replaced by the following: □ (e) there are reasonable grounds to believe that the accused has committed an offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3) and (4)];

50The paragraph of section 6 of Form 9 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code ).” is replaced by the following: If you do not comply with this appearance notice or are charged with committing an offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code ).

51(1) Section 7 of Form 10 of Part XXVIII of the Act is replaced by the following: 7 Variation and Replacement The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code . Finally, you or the prosecutor may apply to a justice of the peace to vary this undertaking. (2) The paragraph of section 9 of Form 10 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code ).” is replaced by the following: If you do not comply with this undertaking or are charged with committing an offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code ).

52Part XXVIII of the Act is amended by adding the following after Form 10: FORM 10.1 (Subsection 705(4)) Undertaking — Witness Canada, Province of , ( territorial division ). 1 Identification Surname: Given name(s): Date of Birth: 2 Contact Information 3 Proceeding in which you were served a subpoena or bound by a recognizance, to attend to give evidence Whereas A.B. has been charged that ( state offence as in the information ), and it has been made to appear that you are likely to give material evidence and/or bring with you anything in your possession or under your control that relates to the said charge. 4 Mandatory Condition You must attend court as indicated below, and afterwards as required by the court: Date: Time: Court number: Court address: 5 Conditions determined by the court, judge, justice or provincial court judge You must also comply with the following conditions ( reproduce the conditions determined by the court, justice or provincial court judge as set out in Form 29.1 ): 6 Conditions in effect The mandatory condition and the conditions determined by the court, judge, justice or provincial court judge on this undertaking remain in effect until they are cancelled or changed or until you appear and remain in attendance at the proceeding as required by the mandatory condition (section 763 of the Criminal Code ). 7 Variation The conditions of this undertaking may be varied by application to the court, judge, justice or provincial court judge. 8 Consequence for non-compliance You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including (a) if you fail to attend court as required; or (b) if you fail to comply with the conditions determined by the court, judge, justice or provincial court judge. If you commit an offence under section 145 of the Criminal Code , a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code ) and you may be liable to a fine or to imprisonment, or to both. 9 Signatures WITNESS: I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions determined by the court, judge, justice or provincial court judge. I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought before a court, judge, provincial court judge or justice under sections 705 and 706 of the Criminal Code . Signed on ( date ) , at ( place ) . ( Signature of witness ) PEACE OFFICER: Signed on ( date ) , at ( place ) ( Signature of peace officer ) ( Name of the peace officer )

53The paragraph of item 8 of Form 11 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code ).” is replaced by the following: If you do not comply with this release order or are charged with committing an offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsection 524(4) of the Criminal Code ).

54Form 12 of Part XXVIII of the Act is amended by adding the following after section 7: 7.1 Financial Information Annual Income ................... Assests (nature and value) ................... Other ...................

55Part XXVIII of the Act is amended by adding the following after Form 29: FORM 29.1 (Subsection 705(4)) Endorsement of Witness — Warrant Canada, Province of , ( territorial division ). Whereas this warrant is issued under subsection 705(1) or (2) of the Criminal Code in respect of a witness who has been served with a subpoena to give evidence in a proceeding or who has been bound by a recognizance to attend and give evidence in a proceeding, I authorize the release of that person under subsections 705(4) and (5) of that Act. This endorsement is subject to the following conditions: ( specify conditions ). Dated ( date ) , at ( place ) ( Signature of judge, justice or provincial court judge )

56Unless the context requires otherwise, words and expressions used in sections 57 and 58 have the same meaning as in the Criminal Code .

57The provisions of the Criminal Code , as enacted by sections 41 and 42 , apply to the proceeds of a fine that is unpaid on the day on which those sections come into force.

58(1) For greater certainty, the provisions of the Criminal Code , as enacted by sections 8 , 9 , 11 , 37 and 43 , apply only with respect to an offence that is committed on or after the day on which those sections come into force. Clarification — Parts XVI and XXVIII (2) For greater certainty, the amendments to Parts XVI and XXVIII of the Criminal Code made by this Act apply with respect to any matter or proceeding under that Part XVI that is ongoing on the day on which section 12 comes into force. Clarification — Application (3) For greater certainty, the provisions of the Criminal Code , as enacted by sections 10 , 34 to 36 and 38 to 40 , also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

59Paragraph (a) of the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following: (a) an offence in the commission of which a young person causes bodily harm;

60Section 9 of the Act is replaced by the following: 9 Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

61(1) Subsection 17(1) of the Act is replaced by the following: 17 (1) The youth justice court for a province may, for the purpose of regulating proceedings within its jurisdiction, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155.

62The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following: 29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.4) of the Criminal Code in respect of a release order only if they are satisfied that

63Paragraph 42(13)(b) of the Act is replaced by the following: (b) is found guilty of more than one offence for each of which a sentence referred to in any of those paragraphs is imposed .

64The Act is amended by adding the following after section 49: 49.1 (1) The youth justice court shall give reasons for any credit granted for the time spent in detention by the young person as a result of the offence and shall cause those reasons to be stated in the record of the case. Record of proceedings (2) The youth justice court shall cause to be stated in the record of the case and on the warrant of committal the offence, the amount of time spent in detention, the term of the custody and supervision order that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed. Validity not affected (3) Failure to comply with subsection (1) or (2) does not affect the validity of the sentence imposed by the court.

65Subsection 56(5) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (c) if a young person is subject to a deferred custody and supervision order, at the end of the period set out in that order.

66Subsection 57(1) of the Act is replaced by the following: 57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)( c ) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.

67Subsection 58(1) of the Act is replaced by the following: 58 (1) When a youth sentence has been imposed under any of paragraphs 42(2) (c) and (k) to (s) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.

68The Act is amended by adding the following after section 108: 108.1 (1) If the case of a young person is referred to the youth justice court under section 108 for a review under section 103 or 109 and the young person is remanded to custody under section 102 or 106, sections 28 to 31 apply, with any necessary modifications, to an application for their release from custody until the completion of the review by the youth justice court. Reference (2) For the purposes of subsection (1), any reference in section 29 to a young person charged with a serious offence is to be read as a reference to a young person who has breached or is about to breach a condition referred to in section 102 or 106, as the case may be. Continuation of sentence (3) Despite the suspension of their conditional supervision and subject to section 107, the young person continues to serve their sentence until the review is completed by the youth justice court. Conditions continue to apply (4) During the suspension of their conditional supervision, any conditions imposed to which the young person is subject continues to apply, in addition to any conditions that may be imposed on them, in respect of a release order, until the completion of the review by the youth justice court. Notice to Attorney General (5) The provincial director shall, without delay, give notice to the Attorney General of an application in respect of the release from custody of a young person referred to in subsection (1).

69The Act is amended by adding the following after section 109: 109.1 The time spent by a young person who is unlawfully at large while subject to a youth sentence does not count as part of any term of a custody and supervision order.

70Section 110 of the Act is amended by adding the following after subsection (4): (4.1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that (a) the young person has committed or is likely to commit an indictable offence; and (b) the urgency of the situation is such that the immediate publication is necessary for the following reasons: (i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death, (ii) the publication is necessary to assist in apprehending the young person, and (iii) the court order could not, with reasonable diligence, be obtained. Publication — more than 24 hours (4.2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.

71Section 115 of the Act is amended by adding the following after subsection (1.1): (1.2) For greater certainty, the police force may keep a record of an investigation in respect of an offence alleged to have been committed by a young person even if the investigation did not result in a charge or extrajudicial measures were not used to deal with that young person.

72(1) Subsection 119(2) of the Act is amended by adding the following after paragraph (a): (a.1) if an extrajudicial measure, other than an extrajudicial sanction, is used to deal with the young person, the period ending two years from the day on which the decision to use the extrajudicial measure is made; (a.2) if the young person is the subject of an investigation referred to in subsection 115(1.2), two years from the day on which the young person ceases to be the subject of the investigation; (2) Section 119 of the Act is amended by adding the following after subsection (4): (4.1) Access to a record kept in respect of an investigation referred to in subsection 115(1.2) is to be given only to the following persons for the following purposes: (a) a peace officer or the Attorney General, in order to make a decision under this Act in respect of the young person to whom the investigation relates; and (b) a peace officer, for the purpose of investigating an offence. Evidence of investigation — inadmissible (4.2) Evidence that forms a part of a police investigation referred to in subsection 115(1.2) in respect of a young person is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

73Section 124 of the Act is replaced by the following: 124 Despite any other provision of this Act , a young person to whom a record relates and their counsel may have access to the record at any time.

74Section 156 of the Act is replaced by the following: 156 The Minister of Justice may enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.

75(1) In this section and sections 76 to 78 , Act means the Youth Criminal Justice Act . Words and expressions (2) Unless the context requires otherwise, words and expressions used in sections 76 to 78 have the same meaning as in the Act.

76(1) Paragraph 119(2)(a.1) of the Act, as enacted by subsection 72 (1), applies in respect of requests for access to records relating to extrajudicial measures, other than extrajudicial sanctions, that have been made before the day on which that subsection 72 (1) comes into force but for which access was not yet given before that day. For greater certainty — records relating to extrajudicial measures (2) For greater certainty, paragraph 119(2)(a.1) of the Act, as enacted by subsection 72 (1), applies in respect of records relating to extrajudicial measures, other than extrajudicial sanctions, that were created before the day on which that subsection 72 (1) comes into force and in respect of which a request for access is made on or after the day on which subsection 72 (1) comes into force.

77(1) Paragraph 119(2)(a.2) and subsections 119(4.1) and (4.2) of the Act, as enacted by subsections 72 (1) and (2), apply in respect of requests for access to records relating to an investigation referred to in subsection 115(1.2) of the Act, as enacted by section 71 , that have been made before the day on which those subsections 72 (1) and (2) come into force but for which access was not yet given before that day. For greater certainty — records relating to investigations (2) For greater certainty, paragraph 119(2)(a.2) and subsections 119(4.1) and (4.2) of the Act, as enacted by subsections 72 (1) and (2), apply in respect of records relating to an investigation referred to in subsection 115(1.2) of the Act, as enacted by section 71 , that were created before the day on which those subsections 72 (1) and (2) come into force and in respect of which a request for access is made on or after the day on which subsections 72 (1) and (2) come into force.

78(1) For greater certainty, the provisions of the Act, as enacted by sections 59 , 63 to 67 and 69 , apply only with respect to an offence that is committed on or after the day on which those sections come into force. Clarification — application (2) For greater certainty, the provisions of the Act, as enacted by sections 60 to 62 , 68 , 70 , 71 , 73 and 74 , also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

79Paragraph 203.3(a) of the National Defence Act is amended by adding the following after subparagraph (iv): (iv.1) the offence was committed against a person who, in the performance of their duties and functions, was providing services as a first responder, (iv.2) the offence was committed with the use of violence, threats or attempts of violence against another person and the offender has been convicted, within the previous five years, of one or more such offences, (iv.3) in the case of an offence under section 114 or 115, it was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant, (iv.4) in the case of an offence under any of sections 113 to 116, the offence interfered with the access to or functioning of an essential infrastructure , as defined in subsection 52.1(2) of the Criminal Code , or caused it to be unsafe or unfit for use,

80The Act is amended by adding the following after section 203.4: 203.41 When a court martial imposes a sentence for an offence that is committed for the benefit of, at the direction of, or in association with, a criminal organization, the court martial shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

81The portion of section 302 of the Act before paragraph (a) is replaced by the following: 302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000 or to imprisonment for less than two years , or to both, if the person

82For greater certainty, the provisions of the National Defence Act , as enacted by sections 79 to 81 , apply only with respect to an offence that is committed on or after the day on which those sections come into force.

83(1) Subsections (2) to (6) apply if Bill C-9, introduced in the 1st session of the 45th Parliament and entitled the Combatting Hate Act (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 9(1) of the other Act comes into force before subsection 23 (3) of this Act, then that subsection 23 (3) is amended by replacing the paragraphs 515(4.1)(h) to (k) that it enacts with the following: (h) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.); (i) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act ; (j) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act ; (k) 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; (l) 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) If subsection 23 (3) of this Act comes into force before subsection 9(1) of the other Act, then that subsection 9(1) is replaced by the following: 9 (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (g): (g.1) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.);

84Sections 2 to 55 , 59 to 74 and 79 to 81 come into force on the 30th day after the day on which this Act receives royal assent.