R.S., c. C-
46 Criminal Code
1 The portion of subsection 7(2.01) of the Criminal Code before paragraph (a) is replaced by the following: Offences in relation to cultural property (2.01)
Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322, 341, 344, 380, 430, 434 or 435.2 in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if the person
2 Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxxix): (lxxix.1) section 435.1 (arson — wildfire), (lxxix.2) section 435.2 (arson — place of worship),
3 The Act is amended by adding the following after section 435: Arson — wildfire 435.1 (1)
Every person who, without lawful authority, intentionally causes a wildfire, is guilty of (a) an indictable offence and liable to imprisonment (i) for a first offence, for a term of not more than 14 years, and (ii) for each subsequent offence, for life; or (b) an offence punishable on summary conviction and liable to a fine (i) for a first offence, of not more than $100,000, and (ii) for each subsequent offence, of not more than $250,000. Definition of wildfire (2)
For the purposes of this section, wildfire means an uncontrolled fire in a forest or grassland. Arson — place of worship 435.2 (1)
Every person who, without lawful authority, intentionally causes damage by fire or explosion to a place of worship is guilty of (a) an indictable offence and liable to (i) for a first offence, imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of five years, and (ii) for each subsequent offence, imprisonment for life and to a minimum punishment for a term of seven years; or (b) an offence punishable on summary conviction. Definition of place of worship (2)
For the purposes of this section, place of worship means a building or structure, or part of a building or structure, that is primarily used for religious worship, including a church, mosque, synagogue or temple.
4 Section 436 of the Act is amended by adding the following after subsection (2): Aggravating circumstances (3)
If a person is convicted of an offence under this section, the court that imposes the sentence shall consider as an aggravating circumstance the fact that the fire or explosion resulted in a wildfire, as defined in subsection 435.1(2), or the destruction of a place of worship, as defined in subsection 435.2(2), and shall cause to be stated in the record how it took that fact into account when determining the sentence.
