Bill C-31: An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act

C-31 Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-31 An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act first reading, May 15, 2009 MINISTER OF JUSTICE 90507 SUMMARY The enactment amends the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and makes a consequential amendment to the Canada Evidence Act. Among other things, the amendments (a) provide greater access to the telewarrant process for peace officers and public officers; (b) reform the expert evidence regime to give parties more time to prepare and respond to expert evidence; (c) allow the provinces to authorize programs or establish criteria governing the use of agents by defendants who are individuals; (d) authorize the fingerprinting of, photographing of or application of other identification processes to, persons who are in lawful custody for specified offences but who have not yet been charged; (e) expand the jurisdiction of Canadian courts to include bribery offences committed by Canadians outside Canada; (f) expand the list of permitted sports under the prize fighting provisions; (g) make minor corrections to the pari-mutuel betting provisions, delete unnecessary provisions and update the calculation of pool payouts; (h) update the provisions on interceptions of private communications in exceptional circumstances; (i) reclassify six non-violent offences as hybrid offences; (j) create an offence of leaving the jurisdiction in contravention of an undertaking or recognizance; and (k) delete provisions of the Criminal Code that are no longer valid, correct or clarify wording in various provisions and make minor updates to others. 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, 40th Parliament, 57-58 Elizabeth II, 2009 house of commons of canada BILL C-31 An Act to amend the Criminal Code, the Corruption of Foreign Public Officials Act and the Identification of Criminals Act and to make a consequential amendment to another Act 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. Subsection 83(2) of the Criminal Code is replaced by the following: Definition of “prize fight” (2) In this section, “prize fight” means an encounter or fight with fists, hands or feet between two persons who have met for that purpose by previous arrangement made by or for them, but does not include (a) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport is on the programme of the International Olympic Committee and, in the case where the province’s lieutenant governor in council or any other person or body specified by him or her requires it, the contest is held with their permission; (b) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province if the sport has been designated by the province’s lieutenant governor in council or by any other person or body specified by him or her and, in the case where the lieutenant governor in council or other specified person or body requires it, the contest is held with their permission; (c) a contest between amateur athletes in a combative sport with fists, hands or feet held in a province with the permission of the province’s lieutenant governor in council or any other person or body specified by him or her; and (d) a boxing contest held in a province with the permission or under the authority of an athletic board, commission or similar body established by or under the authority of the province’s legislature for the control of sport within the province. 2. Section 117.04 of the Act is amended by adding the following after subsection (1): Telewarrant (1.1) Instead of applying in person under subsection (1), a peace officer may apply for a warrant by submitting the information on oath to a justice designated by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (1.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the peace officer to submit the information by a means of telecommunication that produces a writing. Issuing telewarrant (1.3) Before issuing a warrant on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (1), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Telewarrant procedure (1.4) Subsections 487.1(2) to (3.1), (11) and (12) apply to an application for a warrant submitted by a means of telecommunication. Subsection 487.1(6) or (6.1) also applies, as the case may be, except that the warrant need not be in Form 5.1. 3. Paragraph (b) of the definition “official” in section 118 of the Act is replaced by the following: (b) is selected, appointed or elected to discharge a public duty; 4. Section 130 of the Act is replaced by the following: Personating peace officer 130. (1) Everyone commits an offence who (a) falsely represents themselves to be a peace officer or a public officer; or (b) not being a peace officer or a public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that they are a peace officer or a public officer, as the case may be. Punishment (2) Everyone who commits an offence under subsection (1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 5. (1) Subsection 145(3) of the Act is replaced by the following: Failure to comply with condition of undertaking or recognizance (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition — other than a condition referred to in subsection (5.2) — of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. (2) Subsection 145(5.1) of the Act is replaced by the following: Failure to comply with conditions of undertaking (5.1) Every person who, without lawful excuse, the proof of which lies on them, fails to comply with any condition — other than a condition referred to in subsection (5.2) — of an undertaking entered into under subsection 499(2) or 503(2.1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. Failure to remain in territorial jurisdiction (5.2) Every person who, without lawful excuse, the proof of which lies on them, fails to comply with a condition of an undertaking or recognizance to remain in a specified territorial jurisdiction is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 6. (1) Subsections 184.3(1) and (2) of the Act are replaced by the following: Application by means of telecommunication 184.3 (1) Despite section 184.2, an application for an authorization under subsection 184.2(2) may be made ex parte to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if it would be impracticable in the circumstances for the applicant to apply by a means of telecommunication that produces a writing. Application (2) An application for an authorization made under this section shall be on oath and shall be accompanied by a statement that includes the matters referred to in paragraphs 184.2(2)(a) to (e) and, in the case where the application is submitted by telephone or other means of telecommunication that does not produce a writing, the circumstances that make it impracticable for the applicant to apply by a means of telecommunication that produces a writing. (2) Subsection 184.3(6) of the Act is replaced by the following: Authorization (6) If the judge to whom an application is made is satisfied that the circumstances referred to in paragraphs 184.2(3)(a) to (c) exist and, in the case where the application is submitted by telephone or other means of telecommunication that does not produce a writing, that the circumstances referred to in subsection (2) make it impracticable for the applicant to apply by a means of telecommunication that produces a writing, the judge may, on any terms and conditions that he or she considers advisable, give an authorization by telephone or other means of telecommunication for a period of up to 36 hours. 7. Section 184.4 of the Act is replaced by the following: Interception in exceptional circumstances 184.4 A peace officer may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if the peace officer has reasonable grounds to believe that (a) the urgency of the situation is such that an authorization could not, with reasonable diligence, be obtained under any other provision of this Part; (b) the interception is immediately necessary to prevent an offence that would cause serious harm to any person or to property; and (c) either the originator of the private communication or the person intended by the originator to receive it is the person who would commit the offence that is likely to cause the harm or is the victim, or intended victim, of the harm. 8. (1) Subsection 195(1) of the Act is replaced by the following: Annual report 195. (1) The Minister of Public Safety and Emergency Preparedness shall, as soon as possible after the end of each year, prepare a report relating to (a) authorizations for which that Minister and agents to be named in the report who were specially designated in writing by that Minister for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year; (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by that Minister for the purposes of that section applied and the interceptions made under those authorizations in that immediately preceding year; and (c) interceptions made under section 184.4 in the immediately preceding year if the interceptions relate to an offence for which proceedings may be commenced by the Attorney General of Canada. (2) The portion of subsection 195(2) of the Act before paragraph (a) is replaced by the following: Information respecting authorizations (2) The report shall, in relation to the authorizations and interceptions referred to in paragraphs (1)(a) and (b), set out (3) Section 195 of the Act is amended by adding the following after subsection (2): Information respecting interceptions — s. 184.4 (2.1) The report shall, in relation to the interceptions referred to in paragraph (1)(c), set out (a) the number of interceptions made; (b) the number of parties to each intercepted private communication against whom proceedings were commenced in respect of the offence that the peace officer sought to prevent in intercepting the private communication and in respect of any other offence; (c) the number of persons who were not parties to an intercepted private communication but whose commission or alleged commission of an offence became known to a peace officer as a result of the interception of a private communication, and against whom proceedings were commenced in respect of the offence that the peace officer sought to prevent in intercepting the private communication and in respect of any other offence; (d) the number of notifications given under section 196.1; (e) the offences in respect of which interceptions were made and any other offences for which proceedings were commenced as a result of an interception, specifying the number of interceptions made with respect to each offence; (f) a general description of the methods of interception used in each interception; (g) the number of persons arrested whose identity became known to a peace officer as a result of an interception; (h) the number of criminal proceedings commenced in which private communications obtained by interception were adduced in evidence and the number of those proceedings that resulted in a conviction; (i) the number of criminal investigations in which information obtained as a result of the interception of a private communication was used even though the private communication was not adduced in evidence in criminal proceedings commenced as a result of the investigations; and (j) the duration of each interception and the aggregate duration of all the interceptions related to the investigation of the offence that the peace officer sought to prevent in intercepting the private communication. (4) The portion of subsection 195(3) of the Act before paragraph (a) is replaced by the following: Other information (3) The report shall, in addition to the information referred to in subsections (2) and (2.1), set out (5) Subsection 195(5) of the Act is replaced by the following: Report by Attorneys General (5) The Attorney General of each province shall, as soon as possible after the end of each year, prepare and publish or otherwise make available to the public a report relating to (a) authorizations for which the Attorney General and agents specially designated in writing by the Attorney General for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year; (b) authorizations given under section 188 for which peace officers specially designated by the Attorney General for the purposes of that section applied and the interceptions made under those authorizations in the immediately preceding year; and (c) interceptions made under section 184.4 in the immediately preceding year, if the interceptions relate to an offence not referred to in paragraph (1)(c). The report must set out, with any modifications that the circumstances require, the information described in subsections (2) to (3). 9. The Act is amended by adding the following after section 196: Written notice — interception in exceptional circumstances 196.1 (1) Subject to subsections (3) and (5), the Attorney General of the province in which a peace officer intercepts a private communication under section 184.4 or, if the interception relates to an offence for which proceedings may be commenced by the Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness shall give notice in writing of the interception to any person who was the object of the interception within 90 days after the day on which it occurred. Extension of period for notification (2) The running of the 90-day period or of any extension granted under subsection (3) or (5) is suspended until any application made by the Attorney General of the province or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period has been heard and disposed of. Where extension to be granted (3) The judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — each extension not to exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that one of the following investigations is continuing: (a) the investigation of the offence to which the interception relates; or (b) a subsequent investigation of an offence commenced as a result of information obtained from the investigation referred to in paragraph (a). Application to be accompanied by affidavit (4) An application shall be accompanied by an affidavit deposing to (a) the facts known or believed by the deponent and relied on to justify the belief that an extension should be granted; and (b) the number of instances, if any, on which an application has, to the knowledge or belief of the deponent, been made under subsection (2) in relation to the particular interception and on which the application was withdrawn or the application was not granted, the date on which each application was made and the judge to whom each application was made. Exception for criminal organizations and terrorist groups (5) Despite subsection (3), the judge to whom an application under subsection (2) is made shall grant an extension or a subsequent extension of the 90-day period — but no extension may exceed three years — if the judge is of the opinion that the interests of justice warrant granting the application and is satisfied, on the basis of an affidavit submitted in support of the application, that the interception of the communication relates to an investigation of (a) an offence under section 467.11, 467.12 or 467.13; (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or (c) a terrorism offence. 10. Section 199 of the Act is amended by adding the following after subsection (1): Telewarrant (1.1) Instead of being submitted in person under subsection (1), an information on oath may be submitted to a justice designated by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer applying for the warrant believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (1.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the peace officer to submit the information by a means of telecommunication that produces a writing. Issuing telewarrant (1.3) Before issuing a warrant on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (1), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Telewarrant procedure (1.4) Subsections 487.1(2) to (3.1), (11) and (12) apply to an application for a warrant submitted by a means of telecommunication. Subsection 487.1(6) or (6.1) also applies, as the case may be, except that the warrant need not be in Form 5.1. 11. (1) Subparagraph 204(1)(c)(i) of the English version of the Act is replaced by the following: (i) the bets or records of bets are made on the race-course of an association in respect of races conducted at that race-course or another race-course in or outside Canada, and, in the case of a race conducted on a race-course situated outside Canada, the governing body that regulates the race has been approved by the Minister of Agriculture and Agri-Food or a person designated by that Minister under subsection (8.1) and that Minister or person has permitted pari-mutuel betting in Canada on the race under that subsection, and (2) Subsection 204(6) of the Act is replaced by the following: Percentage that may be deducted and retained (6) An association operating a pari-mutuel system of betting in accordance with this section in respect of a horse-race, or any other association or person acting on its behalf, may deduct and retain from the total amount of money that is bet through the agency of the pari-mutuel system, for each individual pool of each race or each individual feature pool, (a) a percentage not exceeding the percent- age prescribed by the regulations; and (b) any amount that remains after calculating the amount payable on all winning bets. (3) Paragraphs 204(8)(a) and (b) of the Act are repealed. (4) Paragraph 204(8)(e) of the French version of the Act is replaced by the following: e) autoriser la tenue de paris mutuels et en régir les conditions, notamment la délivrance de permis, relatives à la tenue de ces paris, par une association dans une salle de paris lui appartenant, ou louée par elle, dans toute province où le lieutenant-gouverneur en conseil, ou toute personne ou tout organisme provincial désigné par lui, a, à cette fin, délivré à l’association un permis pour la salle. (5) Paragraph 204(8.1)(a) of the English version of the Act is replaced by the following: (a) approve, for the purposes of this section, the governing body that regulates the race; and (6) Paragraph 204(9)(b) of the Act is replaced by the following: (b) methods of calculating the amount payable on winning bets; (7) Section 204 of the Act is amended by adding the following after subsection (11): For greater certainty (12) For greater certainty and for the purposes of this section, “supervision” includes supervision by periodic inspection. 12. Subsection 222(6) of the Act is repealed. 13. Section 372 of the Act is replaced by the following: False messages 372. (1) Everyone commits an offence who, with intent to injure or alarm any person, conveys, causes or procures to be conveyed by letter, telegram, telephone, cable, radio or otherwise information that they know is false. Indecent telephone calls (2) Everyone commits an offence who, with intent to alarm or annoy any person, makes any indecent telephone call to that person. Harassing telephone calls (3) Everyone commits an offence who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person. Punishment (4) Everyone who commits an offence under this section is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 14. Section 388 of the Act is replaced by the following: Misleading receipt 388. (1) Everyone commits an offence who wilfully (a) with intent to mislead, injure or defraud any person, whether or not that person is known to them, gives to a person anything in writing that purports to be a receipt for or an acknowledgment of property that has been delivered to or received by them, before the property referred to in the purported receipt or acknowledgment has been delivered to or received by them; or (b) accepts, transmits or uses a purported receipt or acknowledgment to which paragraph (a) applies. Punishment (2) Everyone who commits an offence under subsection (1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 15. Subsection 389(1) of the Act is replaced by the following: Fraudulent disposal of goods on which money advanced 389. (1) Everyone commits an offence who, (a) after having shipped or delivered to the keeper of a warehouse, a factor, an agent or a carrier anything on which its consignee has advanced money or has given valuable security, disposes of it with intent to deceive, defraud or injure the consignee in a manner that is different from and inconsistent with any agreement that has been made in that behalf between them and the consignee; or (b) knowingly and wilfully aids or assists any person to make a disposition of anything to which paragraph (a) applies for the purpose of deceiving, defrauding or injuring the consignee. Punishment (1.1) Everyone who commits an offence under subsection (1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. 16. Section 395 of the Act is amended by adding the following after subsection (1): Telewarrant (1.1) Instead of applying in person under subsection (1), the peace officer or public officer may apply for a warrant by submitting the information on oath to a justice designated by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (1.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the officer to submit the information by a means of telecommunication that produces a writing. Issuing telewarrant (1.3) Before issuing a warrant on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (1), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Telewarrant procedure (1.4) Subsections 487.1(2) to (3.1), (11) and (12) apply to an application for a warrant submitted by a means of telecommunication. Subsection 487.1(6) or (6.1) also applies, as the case may be, except that the warrant need not be in Form 5.1. 17. Subsection 487.01(7) of the Act is replaced by the following: Telewarrant provisions to apply (7) A warrant, instead of being issued on an information submitted in person, may be issued under this section on an information submitted (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer applying for the warrant believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Section 487.1 applies to the warrant, with any modifications that the circumstances require. 18. (1) Section 487.012 of the Act is amended by adding the following after subsection (3): Application by telecommunication (3.1) Instead of being submitted in person under subsection (3), an information on oath may be submitted to a justice or judge who is designated by the chief judge of the provincial court or court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer or public officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (3.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the officer to submit the information by a means of telecommunication that produces a writing. Issuing order (3.3) Before issuing an order on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice or judge must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (3), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Procedure (3.4) Subsections 487.1(2) to (3.1), (6), (6.1), (11) and (12) apply to an application for an order submitted by a means of telecommunication, with every reference to a “warrant” to be read as a reference to an “order” and every reference to a “justice” to be read as a reference to a “justice or judge”. The order need not be in Form 5.1. (2) Subsection 487.012(5) of the Act is replaced by the following: Power to revoke, renew or vary order (5) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made in person or by a means of telecommunication by the peace officer or public officer named in the order. 19. (1) Section 487.013 of the Act is amended by adding the following after subsection (4): Application by telecommunication (4.1) Instead of being submitted in person under subsection (4), an information on oath may also be submitted to a justice or judge designated by the chief judge of the provincial court or court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer or public officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (4.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the officer to submit the information by a means of telecommunication that produces a writing. Issuing order (4.3) Before issuing an order on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice or judge must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (4), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Procedure (4.4) Subsections 487.1(2) to (3.1), (6), (6.1), (11) and (12) apply to an application for an order submitted by a means of telecommunication, with every reference to a “warrant” to be read as a reference to an “order” and every reference to a “justice” to be read as a reference to a “justice or judge”. The order need not be in Form 5.1. (2) Subsection 487.013(6) of the Act is replaced by the following: Power to revoke, renew or vary order (6) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made in person or by a means of telecommunication by the peace officer or public officer named in the order. 20. Subsection 487.05(3) of the Act is replaced by the following: Telewarrant (3) A warrant, instead of being issued on an information submitted in person, may be issued under this section on an information submitted (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer applying for the warrant believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Section 487.1 applies to the warrant, with any modifications that the circumstances require. 21. Subsection 487.092(4) of the Act is replaced by the following: Telewarrant (4) A warrant, instead of being issued on an information submitted in person, may be issued under this section on an information submitted (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the peace officer applying for the warrant believes that it would be impracticable to appear personally to submit the information by a means of telecommunication that produces a writing. Section 487.1 applies to the warrant, with any modifications that the circumstances require. 22. (1) Subsections 487.1(1) and (2) of the Act are replaced by the following: Telewarrants — peace officers 487.1 (1) A peace officer who believes that an indictable offence has been committed may, instead of applying in person for a search warrant under section 256 or 487, submit an information on oath to a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer also believes that it would be impracticable to apply for a warrant by a means of telecommunication that produces a writing. Telewarrants — public officers (1.1) A public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and who believes that an indictable offence has been committed may, instead of applying in person for a search warrant under section 487, submit an information on oath in the manner set out in subsection (1). Information submitted by telephone (2) An information submitted by telephone or other means of telecommunication that does not produce a writing shall be on oath and shall be recorded verbatim by the justice, who shall, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice as to time, date and contents. (2) Subsections 487.1(3.1) to (9) of the Act are replaced by the following: Alternative to oath (3.1) A peace officer or public officer who uses a means of telecommunication that produces a writing may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and such a statement is deemed to be a statement made under oath. Contents of information (4) An information submitted by a means of telecommunication shall include (a) a statement of the circumstances that make it impracticable for the peace officer or public officer to submit the information by a means of telecommunication that produces a writing if the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing; (b) a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure; (c) a statement of the officer’s grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the officer has knowledge. Issuing warrant (5) A justice referred to in subsection (1) may issue a warrant to a peace officer or public officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued under subsection 256(1) or 487(1), as the case may be, if the justice is satisfied that an information submitted by a means of telecommunication (a) is in respect of an indictable offence and conforms to the requirements of subsection (4); (b) discloses reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing, if the information is submitted by telephone or other means of telecommunication that does not produce a writing; and (c) discloses reasonable grounds, in accord- ance with subsection 256(1) or paragraph 487(1)(a), (b) or (c), as the case may be, for the issuance of a warrant in respect of an indictable offence. The justice may require that the warrant be executed within a period that the justice may order. Issuance of telewarrant — no writing (6) If a justice issues a warrant by telephone or other means of telecommunication that does not produce a writing, (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance; (b) the peace officer or public officer, on the direction of the justice, shall complete, in duplicate, a facsimile of the warrant in Form 5.1, noting on its face the name of the issuing justice and the time, date and place of issuance; and (c) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution. Issuance of telewarrant in writing (6.1) If a justice issues a warrant by a means of telecommunication that produces a writing, (a) the justice shall complete and sign the warrant in Form 5.1, noting on its face the time, date and place of issuance; (b) the justice shall transmit the warrant by the means of telecommunication to the peace officer or public officer who submitted the information and the copy of the warrant received by the officer is deemed to be a facsimile within the meaning of paragraph (6)(b); (c) the officer shall procure another facsimile of the warrant; and (d) the justice shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution. Providing facsimile (7) A peace officer or public officer who executes a warrant issued by a means of telecommunication, other than a warrant issued under subsection 256(1), shall, before entering the place or premises to be searched or as soon as practicable after entering, give a facsimile of the warrant to any person present and ostensibly in control of the place or premises. Affixing facsimile (8) A peace officer or public officer who, in any unoccupied place or premises, executes a warrant issued by a means of telecommunication, other than a warrant issued under subsection 256(1), shall, on entering the place or premises or as soon as practicable after entering, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises. Report of officer (9) A peace officer or public officer to whom a warrant is issued by a means of telecommunication shall file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but not more than seven days after the day on which the warrant has been executed. The report shall include (a) a statement of the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed; (b) a statement of the things, if any, that were seized under the warrant and the location where they are being held; and (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the officer’s grounds for believing that those additional things had been obtained by, or used in, the commission of an offence. (3) Subsection 487.1(10) of the English version of the Act is replaced by the following: Bringing before justice (10) The clerk of the court shall, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice to be dealt with, in respect of the things seized referred to in the report, in the same manner as if the things were seized under a warrant issued, on an information presented personally by a peace officer or public officer, by that justice or another justice for the same territorial division. 23. Section 489.1 of the Act is replaced by the following: Restitution of property or report 489.1 (1) Subject to this or any other Act of Parliament, a peace officer or public officer who has seized anything under a warrant issued under this Act, under section 487.11 or 489 or otherwise in the execution of duties under this or any other Act of Parliament shall do either of the following as soon as practicable: (a) if the officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized and that its continued detention is not required for the purposes of any investigation or a preliminary inquiry, trial or other proceeding, they shall (i) return the thing seized, on being issued a receipt for it, to the person lawfully entitled to its possession, and (ii) report on its return to the justice who issued the warrant — or to another justice for the same territorial division or, if no warrant was issued, to a justice having jurisdiction in the matter — by causing a completed Form 5.2 to be filed with the justice; or (b) if the officer is not satisfied as described in paragraph (a), they shall, so that it will be dealt with by the justice in accordance with subsection 490(1), (i) bring the thing seized before a justice referred to in subparagraph (a)(ii), or (ii) report to the justice, by causing a completed Form 5.2 to be filed with the justice, that they have seized the thing and are detaining it or causing it to be detained. Restitution of property or report (2) Subject to this or any other Act of Parliament, if a person other than an officer referred to in subsection (1) has seized anything under a warrant issued under this Act, under section 489 or otherwise in the execution of duties under this or any other Act of Parliament, that person shall, as soon as practicable and so that the thing seized will be dealt with by the justice in accordance with subsection 490(1), (a) bring the thing before the justice who issued the warrant or another justice for the same territorial division or, if no warrant was issued, before a justice having jurisdiction in the matter; or (b) report to a justice referred to in paragraph (a), by causing a completed Form 5.2 to be filed with the justice, that they have seized the thing and are detaining it or causing it to be detained. Form (3) A report to a justice under this section shall include, in the case of a report in respect of a warrant issued by a means of telecommunication under section 487.1, the statements referred to in subsection 487.1(9). 24. (1) Subsection 490(16) of the Act is replaced by the following: Release for testing (15.1) If anything is detained under subsections (1) to (3.1), a judge of a superior court of criminal jurisdiction, a judge as defined in section 552 or a provincial court judge may, on summary application by the prosecutor or an accused or defendant that is made after charges have been laid and after three clear days’ notice to the other party, order the release of the thing for the purpose of a scientific or other test or examination if the judge is satisfied that its release for that purpose is in the interests of justice and that the results of the test or examination may be relevant to an issue at trial. Conditions (16) An order that is made under subsection (15) or (15.1) shall be made on any terms that appear to the judge to be necessary or desirable to ensure that anything in respect of which the order is made is safeguarded and preserved for any purpose for which it may subsequently be required. (2) Subsection 490(18) of the Act is replaced by the following: Waiver of notice (18) Any person to whom three clear days’ notice must be given under paragraph (2)(a) or (3)(a) or subsection (7), (10), (15) or (15.1) may agree that the application for which the notice is given be made before the expiry of the three clear days. 25. (1) Section 492.1 of the Act is amended by adding the following after subsection (1): Telewarrant (1.1) Instead of applying in person under this section, the peace officer or public officer may apply for a warrant under this section by submitting the information on oath to a justice designated by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (1.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the officer to submit the information by a means of telecommunication that produces a writing. Issuing telewarrant (1.3) Before issuing a warrant on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (1), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Telewarrant procedure (1.4) Subsections 487.1(2) to (3.1), (11) and (12) apply to an application for a warrant submitted by a means of telecommunication. Subsection 487.1(6) or (6.1) also applies, as the case may be, except that the warrant need not be in Form 5.1. (2) Subsection 492.1(5) of the Act is replaced by the following: Removal after expiry of warrant (5) On ex parte application in writing supported by affidavit presented in person or by a means of telecommunication that produces a writing, the justice who issued a warrant under subsection (1) or a further warrant under subsection (3) or any other justice having jurisdiction to issue such warrants may authorize that the tracking device be covertly removed after the expiry of the warrant (a) under any terms or conditions that the justice considers advisable in the public interest; and (b) during any specified period of not more than sixty days. 26. Section 492.2 of the Act is amended by adding the following after subsection (2): Telewarrant or order (2.1) Instead of applying in person under subsection (1) or (2), the peace officer or public officer may apply for a warrant or an order by submitting the information on oath to a justice designated by the chief judge of the provincial court having jurisdiction in the matter (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer believes that it would be impracticable to submit the information by a means of telecommunication that produces a writing. Further information — telephone (2.2) If the information on oath is submitted by telephone or other means of telecommunication that does not produce a writing, it shall also include a statement of the circumstances that make it impracticable for the officer to submit the information by a means of telecommunication that produces a writing. Issuing telewarrant or order (2.3) Before issuing a warrant or order on the basis of an information on oath that is submitted by telephone or other means of telecommunication that does not produce a writing, the justice must be satisfied that the information discloses, in addition to the reasonable grounds set out in subsection (1), reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing. Telewarrant procedure (2.4) Subsections 487.1(2) to (3.1), (11) and (12) apply to an application for a warrant or order submitted by a means of telecommunication. Subsection 487.1(6) or (6.1) also applies, as the case may be, except that the warrant or order need not be in Form 5.1. 27. (1) Subparagraphs 515(6)(a)(iv) and (v) of the English version 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) or 22(1) of the Security of Information Act, (v) that is an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act committed in relation to an offence referred to in subparagraph (iv), (2) Paragraph 515(6)(c) of the Act is replaced by the following: (c) with an offence under any of subsections 145(2) to (5.2) that is alleged to have been committed while they were at large after being released in respect of another offence under the provisions of this Part or section 679, 680 or 816; or 28. Section 529.5 of the Act is replaced by the following: Telewarrant 529.5 A peace officer may, instead of applying in person for a warrant under section 529.1 or an authorization under section 529 or 529.4, apply for the warrant or authorization by submitting an information (a) by a means of telecommunication that produces a writing; or (b) by telephone or other means of telecommunication that does not produce a writing, if the officer believes that it would be impracticable in the circumstances to apply by a means of telecommunication that produces a writing. Section 487.1 applies to the warrant or authorization, with any modifications that the circumstances require. 29. Subsection 640(2.1) of the Act is replaced by the following: Challenge for cause (2.1) If the challenge is for cause and the ground of the challenge is one that is not mentioned in subsection (1), on application by the prosecutor or the accused or on its own motion, the court may order the exclusion of all jurors — sworn and unsworn — from the court room until it is determined whether the ground of challenge is true, if the court is of the opinion that such an order is necessary to preserve the impartiality of the jurors. 30. (1) The portion of paragraph 657.3(3)(a) of the Act before subparagraph (i) is replaced by the following: (a) a party who intends to call a person as an expert witness shall, at least 30 days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so and provide, unless previously provided, (2) Subsections 657.3(4) and (5) of the Act are replaced by the following: If notices not given (4) If a party calls a person as an expert witness without complying with subsection (3), the court shall, at the request of any other party, (a) adjourn the proceedings for a minimum of 10 clear days — unless the requesting party otherwise consents — to allow the requesting party to prepare adequately for the evidence of the expert witness; (b) order the party who called the expert witness to provide the requesting party and any other party with the material referred to in paragraph (3)(b); (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those addressed by the expert witness, unless the court considers it inappropriate to do so; and (d) make any other order that the court considers appropriate in the circumstances. Additional court orders (5) If, in the opinion of the court, a party who has received the notice and material in accord- ance with subsection (3) has not been able to prepare adequately for the evidence of the expert witness, the court may, at that party’s request, do one or more of the following: (a) adjourn the proceedings for a minimum of 10 clear days, unless the requesting party otherwise consents; (b) order that further particulars be given of the evidence of the expert witness; (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those addressed by the expert witness; and (d) make any other order that the court considers appropriate in the circumstances. Shorter adjournment (5.1) Despite paragraph (4)(a) or (5)(a), in any case tried with a jury the court may adjourn the proceedings for less than 10 clear days if the court determines that (a) the requesting party would be able to prepare adequately for the evidence of the expert witness in a shorter period; and (b) it would be unreasonable to adjourn the proceedings for 10 clear days because of exceptional circumstances related to the fact that the case is tried with a jury, although the fact that the case is tried with a jury is not in itself a justification for a shorter adjournment. Factors to consider (5.2) For the purposes of paragraph (4)(a), (5)(a) or (5.1)(a), the court shall consider the following factors: (a) any prejudice to the parties that may result from an adjournment or a decision not to adjourn; (b) the nature, complexity and novelty of the evidence; (c) the degree of specialization required of an expert in the subject matter; (d) the availability of experts qualified in the subject matter; and (e) the amount of time required to retain and instruct an expert witness, including the time required to obtain necessary materials such as transcripts of testimony. The court may also take into account any other factors that it considers appropriate in the circumstances. Written reasons (5.3) The court shall provide reasons if it refuses a request for adjournment under paragraph (5)(a) or if it adjourns the proceedings for less than 10 clear days under subsection (5.1). 31. Subsection 800(2) of the Act is replaced by the following: Counsel or agent (2) A defendant who is an individual may appear personally or by counsel or, subject to section 802.1, by agent, but the summary conviction court may require the defendant to appear personally and may, if it thinks fit, issue a warrant in Form 7 for the defendant’s arrest and adjourn the trial to await his or her appearance under the warrant. 32. Subsection 802(2) of the Act is replaced by the following: Examination of witnesses — prosecutor (2) The prosecutor may examine and cross-examine witnesses personally or by counsel or agent. Examination of witnesses — individual defendants (2.1) A defendant who is an individual may examine and cross-examine witnesses personally, by counsel or, subject to section 802.1, by agent. Examination of witnesses — defendant organizations (2.2) A defendant who is an organization shall examine and cross-examine witnesses by counsel or agent. 33. Section 802.1 of the Act is replaced by the following: Limitation on the use of agents 802.1 (1) A defendant who is an individual may appear or examine and cross-examine witnesses by agent only if (a) the defendant is liable on summary conviction to imprisonment for a term of not more than six months and, in the case where the lieutenant governor in council of the province has approved a program or established criteria permitting agents to appear and to examine and cross-examine witnesses, the agent is authorized to do so; or (b) the defendant is liable on summary conviction to imprisonment for a term of more than six months and the agent is authorized to do so under a program approved — or criteria established — by the lieutenant governor in council of the province. Appearance by agent — adjournment (2) Despite subsection (1), a defendant who is an individual may appear by agent to request an adjournment of the proceedings. 34. Subsection 810(5) of the Act is replaced by the following: Procedure (5) The provisions of this Part apply to proceedings under this section — including proceedings for committal to prison in default of recognizance — with any modifications that the circumstances require. 35. Form 5.1 of Part XXVIII of the Act is replaced by the following: FORM 5.1 (Section 487.1) WARRANT TO SEARCH Canada, Province of [specify province]. To A.B. and other [peace officers or public officers] in the [territorial division in which the warrant is intended for execution]: Whereas it appears on the oath of A.B., a [peace officer or public officer] in the [territorial division in which the warrant is intended for execution], that there are reasonable grounds for believing that the following things [describe things to be searched for] relevant to the investigation of the following indictable offence [describe offence in respect of which search is to be made] are to be found in the following place or premises [describe place or premises to be searched] [if the officer is applying by telephone or other means of telecommunication that does not produce a writing] and that there are reasonable grounds for dispensing with an information presented by a means of telecommunication that produces a writing; This is, therefore, to authorize you to enter the place or premises between the hours of [as the justice may direct] and to search for and seize the things and to report on your actions as soon as practicable but within a period of not more than seven days after the day on which the warrant is executed to the clerk of the court for the [territorial division in which the warrant is intended for execution]. Issued at [time] on the [day] of [month] A.D. [year], at [place]. ....................................................................... A Judge of the Provincial Court in and for the Province of [specify province]. To the Occupant: This search warrant was issued by a means of telecommunication. If you wish to know the basis on which this warrant was issued, you may apply to the clerk of the court for the territorial division in which the warrant was executed, at [address], to obtain a copy of the information on oath. You may obtain from the clerk of the court a copy of the report filed by the peace officer or public officer who executed this warrant. That report will indicate the things, if any, that were seized and the location where they are being held. 36. Forms 11.1 and 12 of Part XXVIII of the Act are replaced by the following: FORM 11.1 (Sections 493, 499 and 503) UNDERTAKING GIVEN TO A PEACE OFFICER OR AN OFFICER IN CHARGE Canada, Province of [territorial division]. I, A.B., of ................, (occupation), understand that it is alleged that I have committed (set out substance of the offence). In order that I may be released from custody by way of (a promise to appear or a recognizance), I undertake to (insert any conditions that are directed) (a) remain within (designated territorial jurisdiction); (b) notify (name of peace officer or other person designated) of any change in my address, employment or occupation; (c) abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) or from going to (name or description of place) except in accordance with the following conditions: (as the peace officer or other person designated specifies); (d) deposit my passport with (name of peace officer or other person designated); (e) abstain from possessing a firearm and surrender to (name of peace officer or other person designated) any firearm in my possession and any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm; (f) report at (state times) to (name of peace officer or other person designated); (g) abstain from (i) the consumption of alcohol or other intoxicating substances, or (ii) the consumption of drugs except in accordance with a medical prescription; and (h) comply with any other conditions that the peace officer or officer in charge considers necessary to ensure the safety and security of any victim of or witness to the offence. I understand that I am not required to give an undertaking to abide by the conditions specified above, but that if I do not, I may be kept in custody and brought before a justice so that the prosecutor may be given a reasonable opportunity to show cause why I should not be released on giving an undertaking without conditions. I understand that if I give an undertaking to abide by the conditions specified above, then I may apply, at any time before I appear, or when I appear, before a justice in accordance with (a promise to appear or a recognizance entered into before an officer in charge or another peace officer), to have this undertaking vacated or varied and that my application will be considered as if I were before a justice under section 515 of the Criminal Code. I also understand that this undertaking remains in effect until it is vacated or varied. I also understand that failure without lawful excuse to abide by any of the conditions specified above is an offence under subsection 145(5.1) or (5.2) of the Criminal Code. Subsections 145(5.1) and (5.2) of the Criminal Code state as follows: “(5.1) Every person who, without lawful excuse, the proof of which lies on them, fails to comply with any condition — other than a condition referred to in subsection (5.2) — of an undertaking entered into under subsection 499(2) or 503(2.1) is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. (5.2) Every person who, without lawful excuse, the proof of which lies on them, fails to comply with a condition of an undertaking or recognizance to remain in a specified territorial jurisdiction is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction.” Dated this .............. day of ................ A.D. ........, at ................ . ...................................... (Signature of accused) FORM 12 (Sections 493 and 679) UNDERTAKING GIVEN TO A JUSTICE OR A JUDGE Canada, Province of ...................., (territorial division). I, A.B., of ................, (occupation), understand that I have been charged with (set out briefly the offence in respect of which accused is charged). In order that I may be released from custody, I undertake to attend court on ........... day, the ................ day of ................ A.D. ........, and to attend after that as required by the court in order to be dealt with according to law (or, if date and place of appearance before court are not known at the time undertaking is given, to attend at the time and place fixed by the court and, after that, as required by the court in order to be dealt with according to law). (and, where applicable) I also undertake to (insert any conditions that are directed) (a) report at (state times) to (name of peace officer or other person designated); (b) remain within (designated territorial jurisdiction); (c) notify (name of peace officer or other person designated) of any change in my address, employment or occupation; (d) abstain from communicating, directly or indirectly, with (identification of victim, witness or other person) except in accordance with the following conditions: (as the justice or judge specifies); (e) deposit my passport (as the justice or judge directs); and (f) (any other reasonable conditions). I understand that failure without lawful excuse to attend court in accordance with this undertaking is an offence under subsection 145(2) of the Criminal Code. Subsections 145(2), (3) and (5.2) of the Criminal Code state as follows: “(2) Every one who, (a) being at large on his undertaking or recognizance given to or entered into before a justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court in accordance with the undertaking or recognizance, or (b) having appeared before a court, justice or judge, fails, without lawful excuse, the proof of which lies on him, to attend court as thereafter required by the court, justice or judge, or to surrender himself in accordance with an order of the court, justice or judge, as the case may be, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. (3) Every person who is at large on an undertaking or recognizance given to or entered into before a justice or judge and is bound to comply with a condition — other than a condition referred to in subsection (5.2) — of that undertaking or recognizance, and every person who is bound to comply with a direction under subsection 515(12) or 522(2.1) or an order under subsection 516(2), and who fails, without lawful excuse, the proof of which lies on them, to comply with the condition, direction or order is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction. (5.2) Every person who, without lawful excuse, the proof of which lies on them, fails to comply with a condition of an undertaking or recognizance to remain in a specified territorial jurisdiction is (a) guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or (b) guilty of an offence punishable on summary conviction.” Dated this ................ day of ................ A.D. ........, at ................ . ...................................... (Signature of accused) 1998, c. 34 CORRUPTION OF FOREIGN PUBLIC OFFICIALS ACT 37. (1) The definition “quiconque” in section 2 of the French version of the Corruption of Foreign Public Officials Act is repealed. (2) Section 2 of the French version of the Act is amended by adding the following in alphabetical order: « quiconque » ou « personne »“person” « quiconque » ou « personne » S’entend au sens de l’article 2 du Code criminel. 38. The Act is amended by adding the following after section 3: Offence committed outside Canada 4. (1) Every person who commits an act or omission outside Canada that, if committed in Canada, would constitute an offence under section 3 — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under that section — is deemed to have committed that act or omission in Canada if the person is (a) a Canadian citizen; (b) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or (c) a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province. Jurisdiction (2) If a person is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (1), proceedings for an offence related to that act or omission may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished for that offence as if the offence had been committed in that territorial division. Appearance of accused at trial (3) For greater certainty, the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and the exceptions to those requirements apply to proceedings commenced in any territorial division under subsection (2). Person previously tried outside Canada (4) If a person is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (1) and they have been tried and dealt with outside Canada for an offence related to the act or omission so that, if they had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, they are deemed to have been so tried and dealt with in Canada. Exception for foreign trials in absentia (5) Despite subsection (4), a person may not plead autrefois convict to a count that charges an offence related to an act or omission if (a) the person was not present and was not represented by counsel acting under the person’s instructions at the trial outside Canada; and (b) the person was not punished in accord- ance with the sentence imposed on conviction in respect of the act or omission. R.S., c. I-1 IDENTIFICATION OF CRIMINALS ACT 39. The portion of paragraph 2(1)(a) of the Identification of Criminals Act before subparagraph (i) is replaced by the following: (a) any person who is in lawful custody after being arrested for, charged with or convicted of R.S., c. C-5 CONSEQUENTIAL AMENDMENT TO THE CANADA EVIDENCE ACT 40. Section 36.1 of the Canada Evidence Act is replaced by the following: Definition of “official” 36.1 In sections 37 to 38.16, “official” means a person who holds an office or who is appointed or elected to discharge a public duty. COMING INTO FORCE Order in council 41. 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