Bill C-53: An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)

C-53 Second Session, Thirty-ninth Parliament, 56-57 Elizabeth II, 2007-2008 HOUSE OF COMMONS OF CANADA BILL C-53 An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) first reading, April 14, 2008 THE MINISTER OF JUSTICE 90457 SUMMARY This enactment amends the Criminal Code to create offences prohibiting the trafficking of property obtained by crime and prohibiting the alteration, removal or obliteration of a vehicle identification number. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 2nd Session, 39th Parliament, 56-57 Elizabeth II, 2007-2008 house of commons of canada BILL C-53 An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 CRIMINAL CODE 1. The Criminal Code is amended by adding the following after section 355: Explanatory NotesCriminal Code Clause 1: New. Notes explicativesCode criminel Article 1 : Nouveau. Definition of “traffic” 355.1 For the purposes of sections 355.2 and 355.4, “traffic” means to sell, give, transfer, transport, export from or import into Canada, send, deliver or deal with in any other way, or to offer to do any of those acts. Trafficking of property obtained by crime 355.2 Everyone commits an offence who traffics in any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. In rem prohibition 355.3 The importation or exportation of any property or thing or any proceeds of any property or thing, all or part of which was obtained by or derived directly or indirectly from the commission of an offence or an act or omission referred to in paragraph 355.2(a) or (b), is prohibited. Possession of property obtained by crime — trafficking 355.4 Everyone commits an offence who has in their possession, for the purpose of trafficking, any property or thing or any proceeds of any property or thing knowing that all or part of the property or thing or of the proceeds was obtained by or derived directly or indirectly from (a) the commission in Canada of an offence punishable by indictment; or (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment. Punishment 355.5 Everyone who commits an offence under section 355.2 or 355.4 (a) is, if the value of the subject-matter of the offence is more than $5,000, guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years; or (b) is, if the value of the subject-matter of the offence is not more than $5,000, (i) guilty of an indictable offence and liable to imprisonment for a term of not more than five years, or (ii) guilty of an offence punishable on summary conviction. 2. The Act is amended by adding the following after section 377: Clause 2: New. Article 2 : Nouveau. Tampering with vehicle identification number 377.1 (1) Every person commits an offence who, without lawful excuse, wholly or partially, alters, removes or obliterates a vehicle identification number on a motor vehicle. Definition of “vehicle identification number” (2) For the purpose of subsection (1), “vehicle identification number” means any number or other mark placed on a motor vehicle for the purpose of distinguishing it from other similar motor vehicles. Exception (3) Despite subsection (1), it is not an offence to wholly or partially alter, remove or obliterate a vehicle identification number on a motor vehicle during regular maintenance or any repair or other work done on the vehicle for a legitimate purpose, including modification of the vehicle. Punishment (4) 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 five years; or (b) is guilty of an offence punishable on summary conviction. 2005, c. 44, s. 1(2) 3. Subparagraph 462.3(3)(b)(i) of the Act is replaced by the following: Clause 3: Relevant portion of subsection 462.3(3): (3) Despite the definition “Attorney General” in section 2, the Attorney General of Canada may ... (b) conduct proceedings and exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of (i) an offence referred to in section 354 or 462.31 if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and Article 3 : Texte du passage du paragraphe 462.3(3) : (3) Par dérogation à la définition de « procureur général » à l’article 2, le procureur général du Canada : [...] b) peut intenter des poursuites et a tous les pouvoirs et fonctions attribués en vertu de la présente loi au procureur général à l’égard : (i) d’une infraction prévue aux articles 354 ou 462.31, dans les cas où l’infraction présumée découle de comportements constituant en tout ou en partie une présumée contravention à une loi fédérale — autre que la présente loi — ou aux règlements d’application d’une telle loi fédérale, (i) an offence referred to in section 354, 355.2, 355.4 or 462.31, if the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and COMING INTO FORCE Order in council 4. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada