Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)
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Assented to 2024-06-20
PART 4Various Measures (continued)
DIVISION 34Money Laundering, Terrorist Financing, Sanctions Evasion and Other Measures (continued)
SUBDIVISION CR.S., c. C-46Criminal Code (continued)
365 Part XXVIII of the Act is amended by adding the following after Form 5.005:
FORM 5.0051(Subsection 487.0141(3))Production Order — Specified Dates
Canada,
Province of 
(territorial division)
To (name of person), of :
Whereas I am satisfied by information on oath of (name of peace officer or public officer), , that there are reasonable grounds to believe that an offence has been or will be committed under (specify the provision of the Criminal Code or other Act of Parliament) and that (specify the document or data), if it is in your possession or control on any of the dates specified in this order, will afford evidence respecting the commission of the offence (and if applicable, and that the information contained in all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act during the period this order is in effect will afford evidence respecting the commission of the offence);
Therefore, you are ordered to
produce a document that is a copy of (specify the document) that is in your possession or control on (specify up to six dates)
(and/or)
prepare and produce a document containing (specify the data) that is in your possession or control on (specify up to six dates)
(and if applicable)
produce a copy of all reports you make under any of sections 7, 7.1 and 9 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
The document (and if applicable and the copy of the report) must be produced to (name of peace officer or public officer) within (time) of each of the dates specified in this order at (place) in (form).
This order is subject to the following conditions:
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
366 Forms 5.009 and 5.0091 of Part XXVIII of the Act are replaced by the following:
FORM 5.009(Subsection 487.0191(2))Information To Obtain a Non-Disclosure Order
Canada,
Province of
(territorial division)
This is the information of (name of peace officer or public officer), of (“the informant”).
The informant says that they have reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the following portion or portions) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates:
(specify portion or portions)
The reasonable grounds are:
The informant therefore requests an order prohibiting (name of the person, financial institution or entity) from disclosing the existence (or any of the contents or any of the specified portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which the order is made.
Sworn before me on (date), at (place).
(Signature of informant)
(Signature of justice or judge)
FORM 5.0091(Subsection 487.0191(3))Non-Disclosure Order
Canada,
Province of
(territorial division)
To (name of person, financial institution or entity), of :
Whereas I am satisfied by information on oath of (name of peace officer or public officer), of , that there are reasonable grounds to believe that the disclosure of the existence (or any of the contents or any of the portion or portions, specified in the information,) of (identify the preservation demand made under section 487.012 of the Criminal Code or the order made under any of sections 487.013 to 487.018 of that Act, as the case may be) during (identify the period) would jeopardize the conduct of the investigation of the offence to which it relates;
Therefore, you are prohibited from disclosing the existence (or any of the contents or any of the following portion or portions) of the demand (or the order) during a period of (identify the period) after the day on which this order is made.
(specify portion or portions)
You have the right to apply to revoke or vary this order.
If you contravene this order without lawful excuse, you may be subject to a fine, to imprisonment or to both.
Dated (date), at (place).
(Signature of justice or judge)
Coming into Force
Marginal note:90th day after royal assent
367 This Subdivision comes into force on the 90th day after the day on which this Act receives royal assent.
DIVISION 35R.S., c. C-46Criminal Code (Motor Vehicle Theft)
Amendments to the Act
368 (1) Subparagraph (a)(liv.1) of the definition offence in section 183 of the Criminal Code is replaced by the following:
(liv.1) subsection 333.1(1) (motor vehicle theft),
(liv.2) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted),
(liv.3) subsection 333.1(4) (motor vehicle theft for criminal organization),
(2) Subparagraph (a)(lxxxiii) of the definition offence in section 183 of the Act is replaced by the following:
(lxxxiii) subsection 462.31(1) (laundering proceeds of crime),
(lxxxiii.1) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization),
369 Section 333.1 of the Act is amended by adding the following after subsection (2):
Marginal note:Motor vehicle theft when violence used, threatened or attempted
(3) Everyone who commits theft in the commission of which violence against a person is used, threatened or attempted is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
Marginal note:Motor vehicle theft for criminal organization
(4) Everyone who commits theft for the benefit of, at the direction of or in association with a criminal organization is, if the property stolen is a motor vehicle, guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
370 The Act is amended by adding the following after section 333.1:
Marginal note:Possession of device for purpose of committing theft
333.2 (1) Everyone commits an offence who possesses an electronic device suitable for committing theft of a motor vehicle for the purpose of committing a motor vehicle theft offence.
Marginal note:Distribution of device linked to theft
(2) Everyone commits an offence who, without lawful excuse, makes, repairs, sells, offers for sale, imports into Canada, exports from Canada, distributes or makes available an electronic device suitable for committing theft of a motor vehicle, knowing that the device has been used or is intended to be used to commit a motor vehicle theft offence.
Marginal note:Punishment
(3) Everyone who commits an offence under subsection (1) or (2)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Forfeiture
(4) If a person is convicted of an offence under subsection (1) or (2), in addition to any punishment that is imposed, the electronic device in relation to which the offence was committed may be ordered forfeited to His Majesty and may be disposed of as the Attorney General directs.
Marginal note:Limitation
(5) No order of forfeiture may be made under subsection (4) in respect of any thing that is the property of a person who was not a party to the offence under subsection (1) or (2).
371 Subsection 462.31(3) of the Act is replaced by the following:
Marginal note:Laundering proceeds of crime for criminal organization
(2.1) Everyone who commits an offence under subsection (1) for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years.
Marginal note:Exception
(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (1) or (2.1) if the peace officer or person does any of the things mentioned in that subsection for the purposes of an investigation or otherwise in the execution of the peace officer’s duties.
372 Paragraph 462.48(1.1)(f) of the French version of the Act is replaced by the following:
f) soit une infraction ou un acte criminel prévus aux articles 354, 355.2, 355.4 ou 462.31 — ou le complot ou la tentative de commettre une telle infraction ou un tel acte ou la complicité après le fait à tel égard — qui aurait été commis à l’égard de biens, objets ou produits qui ont été obtenus ou proviennent directement ou indirectement de la perpétration au Canada d’une infraction ou d’un acte criminel mentionnés à l’un des alinéas a) à e) ou d’un acte ou d’une omission survenus à l’extérieur du Canada et qui, au Canada, aurait constitué une infraction ou un acte criminel mentionnés à l’un de ces alinéas.
373 (1) The definition primary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(viii.2):
(viii.3) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted),
(viii.4) subsection 333.1(4) (motor vehicle theft for criminal organization),
(2) The definition primary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (a.1)(xiii):
(xiii.1) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization),
(3) The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (c)(viii.2):
(viii.201) subsection 333.1(1) (motor vehicle theft),
(viii.202) subsection 333.2(1) (possession of device for purpose of committing theft),
(viii.203) subsection 333.2(2) (distribution of device linked to theft),
374 Paragraph 718.2(a) of the Act is amended by adding the following after subparagraph (ii.1):
(ii.2) evidence that the offender involved a person under the age of 18 years in the commission of the offence,
Consequential Amendments
R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act
375 (1) Section 1 of the schedule to the Canada Business Corporations Act is amended by adding the following after paragraph (z.041):
(z.0411) subsection 333.1(3) (motor vehicle theft when violence used, threatened or attempted);
(z.0412) subsection 333.1(4) (motor vehicle theft for criminal organization);
(2) Section 1 of the schedule to the Act is amended by adding the following after paragraph (z.095):
(z.0951) subsection 462.31(2.1) (laundering proceeds of crime for criminal organization);
2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act
376 The definition money laundering offence in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
- money laundering offence
money laundering offence means an offence under subsection 462.31(1) or (2.1) of the Criminal Code. (infraction de recyclage des produits de la criminalité)
2000, c. 24Crimes Against Humanity and War Crimes Act
377 Subsection 9(3) of the Crimes Against Humanity and War Crimes Act is replaced by the following:
Marginal note:Personal consent of Attorney General
(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) or (2.1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.
Coordinating Amendments
Marginal note:Bill C-59
378 If Bill C-59, introduced in the 1st session of the 44th Parliament and entitled the Fall Economic Statement Implementation Act, 2023, receives royal assent, then, on the first day on which both section 308 of that Act and section 371 of this Act are in force,
(a) subsections 462.31(1.1) to (1.3) of the Criminal Code are repealed; and
(b) section 462.31 of the Criminal Code is amended by adding the following after subsection (2.1):
Marginal note:Prosecution
(2.2) Subject to subsection (2.4), in a prosecution for an offence under subsection (1) or (2.1), it is not necessary for the prosecutor to prove that the accused knew, believed they knew or was reckless as to the specific nature of the designated offence.
Marginal note:Inference
(2.3) Subject to subsection (2.4), the court may infer that an accused had the knowledge or belief or demonstrated the recklessness referred to in subsection (1) if it is satisfied, given the circumstances of the offence, that the manner in which the accused dealt with the property or its proceeds is markedly unusual or the accused’s dealings are inconsistent with lawful activities typical of the sector in which they take place, including business activities.
Marginal note:Exception
(2.4) Subsections (2.2) and (2.3) do not apply in cases where the accused is also charged with the designated offence.
Coming into Force
Marginal note:30th day after royal assent
379 This Division, other than section 378, comes into force on the 30th day after the day on which this Act receives royal assent.
DIVISION 36 R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act
380 Section 4 of the Radiocommunication Act is amended by adding the following after subsection (4):
Marginal note:Other prohibitions — subsection 5.01(1)
(5) Subject to subsection 5.01(2), no person shall manufacture, import, distribute, lease, offer for sale, sell or possess any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, specified by the Minister under subsection 5.01(1).
381 The Act is amended by adding the following after section 5:
Marginal note:Subsection 4(5) — devices
5.01 (1) For the purposes of subsection 4(5), the Minister may, by order, specify any radio apparatus, or equipment or device, or component of any equipment or device, or any class of radio apparatus, or equipment or device, or component of any equipment or device, that the Minister is of the opinion, having regard to the circumstances, is likely used, or intended to be used, to intercept and make use of, or to intercept and divulge, any radiocommunication for a purpose that the Minister specifies in the order.
Marginal note:Subsection 4(5) — exemption
(2) For the purposes of subsection 4(5), the Minister may also, by order, exempt any person, or class of persons, in whole or in part, on the conditions that the Minister may specify, from the application of that subsection.
Marginal note:Incorporation by reference
5.02 (1) An order made under subsection 5.01(1) or (2) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated documents
(2) The Minister shall ensure that any document that is incorporated by reference in the order is accessible.
Marginal note:No finding of guilt or administrative penalty
(3) A person is not liable to be found guilty of an offence or subjected to an administrative monetary penalty for any contravention in respect of which a document that is incorporated by reference in the order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication required
(4) For greater certainty, a document that is incorporated by reference in the order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Existing power not limited
(5) For greater certainty, the express power in this section to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.
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