Criminal Code (R.S.C., 1985, c. C-46)
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Act current to 2026-06-17 and last amended on 2026-06-15. Previous Versions
AMENDMENTS NOT IN FORCE
— 2018, c. 16, s. 190
Bill C-28
190 If Bill C-28, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (victim surcharge), receives royal assent, then, on the first day on which both subsection 2(1) of that Act and section 222 of this Act are in force, subsection 737(1) of the Criminal Code is replaced by the following:
Victim surcharge
737 (1) Subject to subsection (1.1), an offender who is convicted, or discharged under section 730, of an offence under this Act, the Controlled Drugs and Substances Act or the Cannabis Act shall pay a victim surcharge for each offence, in addition to any other punishment imposed on the offender.
— 2018, c. 21, ss. 51(1), (2)
Bill C-39
51 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.
(2) If subsections 7(1) and (3) of this Act come into force before subsections 10(3) and (4) of the other Act, then those subsections 10(3) and (4) are deemed never to have come into force and are repealed.
— 2018, c. 29, s. 79
Bill C-39
79 (1) Subsections (2) and (3) apply if Bill C-39, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts (in this section referred to as the other Act), receives royal assent.
(2) If section 66 of this Act comes into force before section 20 of the other Act, then that section 20 is repealed.
— 2018, c. 29, s. 80
Bill C-337
80 (1) Subsection (2) applies if Bill C-337, introduced in the 1st session of the 42nd Parliament and entitled the Judicial Accountability through Sexual Assault Law Training Act (in this section referred to as the other Act), receives royal assent.
(2) On the first day on which both section 25 of this Act and section 5 of the other Act are in force, section 278.92 of the Criminal Code, as enacted by section 5 of the other Act, is renumbered as section 278.98 and is repositioned accordingly.
— 2021, c. 2, s. 1(2.1)
1 (2.1) Subsection 241.2(2.1) of the Act is repealed.
— 2023, c. 28, s. 35
35 Section 743.2 of the Act is replaced by the following:
Report by court to Correctional Service
743.2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act.
— 2024, c. 33, s. 2
2002, c. 13, s. 66
2 Subsection 679(7) of the Criminal Code is replaced by the following:
Release or detention — miscarriage of justice review
(7) If the Miscarriage of Justice Review Commission established under subsection 696.71(1) notifies a person under subsection 696.4(5) that their application for review is admissible, this section applies to the release or detention of that person — as though that person were an appellant in an appeal described in paragraph (1)(a) — pending the completion of the review, pending a new trial or hearing directed by the Commission or pending the hearing and determination of a matter referred by the Commission to the court of appeal.
— 2024, c. 33, s. 3
2002, c. 13, s. 71
3 Part XXI.1 of the Act is replaced by the following:
PART XXI.1Miscarriage of Justice Reviews
Definitions
Definitions
696.1 The following definitions apply in this Part.
- applicant
applicant, in relation to a miscarriage of justice review application, means the person who is the subject of the finding or verdict in question. (demandeur)
- Commission
Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1). (Commission)
- court of appeal
court of appeal means the court of appeal for the province in which the matter that is the subject of the application was heard. (cour d’appel)
Application for Review
Application for review
696.2 (1) An application for a review on the grounds of miscarriage of justice may be made to the Commission by or on behalf of
(a) a person who has been found guilty of an offence under an Act of Parliament or a regulation made under an Act of Parliament, including a person found guilty under the Youth Criminal Justice Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, a person whose plea of guilty has been accepted and a person who has been discharged under section 730;
(b) a person who has been found to be a dangerous offender or long-term offender under Part XXIV; or
(c) a person who has been the subject of a verdict of not criminally responsible on account of mental disorder under section 672.34.
Exhaustion of appeal rights
(2) For the purposes of subsection 696.4(3), the application must include information indicating whether the person’s rights to appeal the finding or verdict have been exhausted and, if they have not been exhausted, information relevant to the factors referred to in subsection 696.4(4).
Review
Handling of application
696.3 (1) The Commission must deal with an application as expeditiously as possible and provide the applicant with an update concerning the status of their application on a regular basis.
Applicant representative
(2) If a provision of this Part provides that the Commission must notify an applicant or provide them with any information, the notice or information may be provided to a representative of the applicant in addition to or instead of the applicant.
Decision on admissibility
696.4 (1) On receipt of an application, the Commission must decide whether it is admissible.
Inadmissible application
(2) The Commission must dismiss the application as inadmissible if it is made by or on behalf of a person who is not described in subsection 696.2(1).
Inadmissible application — appeal rights
(3) The Commission must dismiss the application as inadmissible if
(a) the court of appeal has not rendered a final judgment on appeal of the finding or verdict; or
(b) an appeal of the finding or verdict lies to the Supreme Court of Canada on a question of law.
Exception
(4) Despite subsection (3), the Commission may decide that the application is admissible even if the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada. In making the decision, the Commission must take into account
(a) the amount of time that has passed since the final judgment of the trial court;
(b) the reasons why the finding or verdict was not appealed to the court of appeal or the Supreme Court of Canada;
(c) whether it would serve a useful purpose for an application to be made for an extension of the period within which a notice of appeal or a notice of application for leave to appeal, as the case may be, to the court of appeal or the Supreme Court of Canada may be served and filed;
(d) whether the application is supported by a new matter of significance that
(i) was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict,
(ii) requires investigation, and
(iii) does not raise only a question of law; and
(e) any other factor that it considers relevant.
Notice
(5) The Commission must notify the applicant and the relevant Attorney General of its decision regarding the admissibility of the application.
Investigation
696.5 (1) If the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so, it may conduct an investigation in relation to an application.
Notice
(2) The Commission must send a notice to the applicant and to the relevant Attorney General indicating whether an investigation will be conducted. If the notice indicates that no investigation will be conducted, the notice must also specify a reasonable period within which the applicant and the Attorney General may provide further information to the Commission in relation to the application.
Decision after notice
(3) The Commission may make a decision under section 696.6 without having conducted an investigation only if the period specified in the notice has ended.
Powers
(4) For the purposes of an investigation, the Commission has the powers of a commissioner under Part I of the Inquiries Act.
Authorization
(5) The Commission may, on the terms it considers appropriate, authorize any of its employees, or a person under contract to it who has technical or specialized knowledge, to exercise the Commission’s powers referred to in subsection (4).
Investigation report
(6) The Commission must, after completing an investigation, prepare a report and provide a copy of it to the applicant and the relevant Attorney General.
Deadline to respond
(7) The report must specify a reasonable period within which a written response may be provided to the Commission.
Decision after investigation
(8) After completing the investigation, the Commission may make a decision under section 696.6 only if, within the period specified in the report, it has received either written responses or written confirmation that no responses will be provided by or on behalf of the applicant and by the relevant Attorney General or if that period has ended.
Decision
696.6 (1) On completion of a review, the Commission must make, under this section, a decision on the application.
Remedies
(2) If the Commission has reasonable grounds to conclude that a miscarriage of justice may have occurred and considers that it is in the interests of justice to do so, it must
(a) direct a new trial before any court that the Commission thinks proper or, in the case of an applicant who was found to be a dangerous offender or long-term offender under Part XXIV, a new hearing under that Part; or
(b) refer the matter to the court of appeal for a hearing and determination by that court as if it were an appeal by the applicant.
Dismissal of application
(3) If the Commission does not grant a remedy under subsection (2), it must dismiss the application.
Deceased applicant
(4) If the applicant is deceased, the Commission may only refer the matter to the court of appeal under paragraph (2)(b) or dismiss the application.
Factors
(5) In making its decision, the Commission must take into account
(a) whether the application is supported by a new matter of significance that was not considered by the courts or previously considered by the Commission in an application in relation to the same finding or verdict;
(b) the relevance and reliability of the information that is presented in connection with the application;
(c) the fact that an application is not intended to serve as a further appeal and that the remedies set out in subsection (2) are extraordinary remedies;
(d) the personal circumstances of the applicant;
(e) the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous or Black applicants; and
(f) any other factor that it considers relevant.
Innocence
(6) For greater certainty, the Commission may grant a remedy under subsection (2) even if the evidence does not establish the innocence of the applicant.
Notice
(7) The Commission must notify the applicant and the relevant Attorney General of its decision.
Court of Appeal Opinion
Reference
696.61 The Commission may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application on which the Commission desires the assistance of that court, and the court must provide its opinion accordingly.
Parliamentary Review
Review of this Part and Part XXI.2
696.62 As soon as feasible after the fifth anniversary of the day on which this section comes into force and every ten years after that, a review of this Part and Part XXI.2 and of their administration and operation is to be commenced by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
— 2024, c. 33, s. 5
5 The definition applicant in section 696.7 of the Act is replaced by the following:
- applicant
applicant has the same meaning as in section 696.1. (demandeur)
— 2024, c. 33, s. 6
6 Section 696.72 of the Act is replaced by the following:
Mandate
696.72 The Commission’s mandate is to review applications made under Part XXI.1 on the grounds of miscarriage of justice.
— 2024, c. 33, s. 7
Definitions
7 The following definitions apply in this section and sections 8 to 13.
- applicant
applicant means the person who is the subject of the finding or verdict in question or their representative. (demandeur)
- commencement day
commencement day means the day on which section 3 comes into force. (date de référence)
- Commission
Commission means the Miscarriage of Justice Review Commission established under subsection 696.71(1) of the Criminal Code. (Commission)
- Minister
Minister means the Minister of Justice. (ministre)
- new scheme
new scheme means Part XXI.1 of the Criminal Code as it reads on or after the commencement day. (nouveau régime)
- old scheme
old scheme means Part XXI.1 of the Criminal Code and the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice as they read immediately before the commencement day. (ancien régime)
— 2024, c. 33, s. 8
Duty of Minister
8 If an application was made under the old scheme and the Minister has not, before the commencement day, made a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before that day, the Minister must ask the applicant whether they consent to having the application transferred to the Commission to be dealt with in accordance with the new scheme.
— 2024, c. 33, s. 9
Consent within deadline
9 If the applicant gives, within the time limit fixed by the Minister, written consent to transfer the application, the application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control.
— 2024, c. 33, s. 10
No consent
10 (1) If the applicant, within the time limit fixed by the Minister, does not reply in writing to the Minister or gives a written refusal of consent to transfer the application, subsection (2) or (3) applies.
Preliminary assessment completed
(2) If, before the commencement day, the Minister completed the preliminary assessment of the application required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice, the old scheme continues to apply in respect of the application.
Preliminary assessment not completed
(3) If the Minister did not complete the preliminary assessment before the commencement day, the application is deemed not to have been made and the applicant may apply to the Commission under the new scheme.
— 2024, c. 33, s. 11
Late consent
11 An application is deemed to have been made to the Commission under the new scheme and the Minister is authorized to disclose to the Commission all information pertaining to the application that is under the Minister’s control if
(a) the applicant gives, after the time limit fixed by the Minister, written consent to transfer the application;
(b) the Minister completed the preliminary assessment required under paragraph 3(b) of the Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice before the commencement day; and
(c) the Minister receives the consent before having made, under subsection 10(2) of this Act, a decision under subsection 696.3(3) of the Criminal Code, as it read immediately before the commencement day.
— 2024, c. 33, s. 12
Consent irrevocable
12 Consent that is given in accordance with section 9 or 11 is irrevocable.
— 2024, c. 33, s. 13
Application dismissed by Minister
13 For greater certainty, the fact that the Minister dismissed an application under the old scheme does not prevent the applicant from applying under the new scheme.
— 2026, c. 11, s. 2
2 (1) Paragraph (c) of the definition superior court of criminal jurisdiction in section 2 of the Criminal Code is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Court of Appeal or the Supreme Court,
(2) Paragraph (e) of the definition superior court of criminal jurisdiction in section 2 of the Act is replaced by the following:
(e) in Yukon and the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 3
3 The definition superior court in subsection 84(1) of the Act is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:
(d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador and a territory, the Supreme Court; (cour supérieure)
— 2026, c. 11, s. 4
4 Paragraph 145(5)(b) of the Act is replaced by the following:
(b) is bound to comply with an order under subsection 515(12), 516.1(1) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
— 2026, c. 11, s. 5
5 Paragraphs (c) and (d) of the definition court in subsection 164(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 6
6 (1) Paragraph 188(4)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Chief Justice of the Supreme Court;
(2) Paragraph 188(4)(e) of the Act is repealed.
— 2026, c. 11, s. 6.1
6.1 (1) Subsection 269.01(1) of the Act is replaced by the following:
Aggravating circumstance — assault against a public transit employee
269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit employee engaged in the performance of his or her duty.
(2) The definition public transit operator in subsection 269.01(2) of the Act is replaced by the following:
- public transit employee
public transit employee means an individual who works for, or is contracted to work for, an organization that provides passenger transportation services to the public. (employé des services de transport en commun)
— 2026, c. 11, s. 7
7 Paragraphs (c) and (d) of the definition court in subsection 320(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
— 2026, c. 11, s. 8
8 Subsection 320.24(4) of the Act is replaced by the following:
Discretionary order of prohibition — other offences
(4) If an offender is found guilty of an offence under section 220, 221, 236 or 320.13, subsection 320.14(2) or (3) or 320.15(2) or (3) or any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).
— 2026, c. 11, s. 9
9 The Act is amended by adding the following after section 333.1:
Sentences to be served consecutively — breaking and entering
333.11 (1) A sentence imposed on a person for an offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence under section 348 arising out of the same event or series of events.
Sentences to be served consecutively — other offences
(2) A sentence imposed on a person for a second or subsequent offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence arising out of the same event or series of events.
— 2026, c. 11, s. 10
10 The Act is amended by adding the following after section 334:
Aggravating circumstance — stolen property
334.1 (1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343, 348, 351 or 354, it shall consider as an aggravating circumstance the fact that the offence was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant.
Aggravating circumstance — essential infrastructure
(2) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343 or 430, it shall consider as an aggravating circumstance the fact that the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.1(2), or caused it to be unsafe or unfit for use.
— 2026, c. 11, s. 11
11 The Act is amended by adding the following after section 346:
Sentences to be served consecutively
346.1 A sentence imposed on a person for an offence under section 346 shall be served consecutively to any other sentence imposed on the person for an offence under any of sections 433 to 436 arising out of the same event or series of events.
— 2026, c. 11, s. 11.1
11.1 Paragraph 485.2(7)(c) of the Act is replaced by the following:
(c) set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 12
12 The heading before section 493 of the French version of the Act is replaced by the following:
Définitions et interprétation
— 2026, c. 11, s. 13
13 The Act is amended by adding the following after section 493:
Clarification — indictable offence
493.01 For greater certainty, a reference to an indictable offence includes an offence that may be punishable on summary conviction if it is also an offence that may be prosecuted by indictment, unless the prosecutor has elected to proceed by way of summary conviction.
— 2026, c. 11, s. 14
14 The Act is amended by adding the following after section 493.1:
Clarification
493.11 (1) For greater certainty, section 493.1 does not require the accused to be released.
Application
(2) For the purposes of section 493.1,
(a) a peace officer shall not release the accused if the peace officer believes on reasonable grounds that it is necessary in the public interest for the accused to be detained in custody under subsection 498(1.1), including for the safety and security of any victim of or witness to the offence;
(b) a peace officer shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the purposes referred to in subsection 501(3), including the safety and security of any victim of or witness to the offence;
(c) a justice or judge, as the case may be, shall not give primary consideration to the release of the accused at the earliest reasonable opportunity if the accused is one to whom subsection 515(6), 522(2), 523(2.1) or 524(4) applies;
(d) a justice or judge shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the grounds referred to in subsection 515(10), including the protection or safety of the public; and
(e) a justice or judge shall not order that the accused be released if the detention of the accused is justified under subsection 515(10), including for the protection or safety of the public.
— 2026, c. 11, s. 15
15 Section 495.1 of the Act is replaced by the following:
Arrest without warrant — application of section 524
495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
— 2026, c. 11, s. 15.1
15.1 Subsection 500(2) of the Act is replaced by the following:
Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsections 524(4) and (6.2) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
— 2026, c. 11, s. 15.2
15.2 Paragraph 501(1)(c) of the Act is replaced by the following:
(c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 16
16 Subsection 502(2) of the Act is replaced by the following:
Replacement or variation without consent
(2) The accused or the prosecutor may, in the absence of consent between them,
(a) apply to a justice for a release order referred to in section 515 to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order; or
(b) apply to a justice to vary the undertaking in respect of which the accused has been released under section 498, 499 or 503, in which case the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
If the prosecutor makes the application, the prosecutor must provide three days’ notice to the accused.
— 2026, c. 11, s. 17
17 The portion of subsection 503(1) of the Act before paragraph (a) is replaced by the following:
Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part or under section 705.1 shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
— 2026, c. 11, s. 18
18 Subsection 507(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera; and
— 2026, c. 11, s. 19
19 Paragraph 507.1(3)(a) of the Act is replaced by the following:
(a) has heard and considered, ex parte and in camera, the allegations of the informant and the evidence of witnesses;
— 2026, c. 11, s. 20
20 (1) Subsection 508(1) of the Act is amended by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera;
(2) Paragraph 508(1)(b) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) in the case of the undertaking, amend it to correct the time and place set out in the condition requiring the accused to attend court; and
— 2026, c. 11, s. 20.1
20.1 Subsection 509(4) of the Act is replaced by the following:
Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
— 2026, c. 11, s. 21
21 Section 511 of the Act is amended by adding the following after subsection (2):
Warrant — cancellation
(2.1) Despite subsection (2), a judge or justice having jurisdiction in the territorial division in which the warrant was issued may cancel the warrant on application by the prosecutor, with or without the appearance of the accused, if the judge or justice is satisfied that it is in the interests of justice to do so.
— 2026, c. 11, s. 22
22 Section 512.3 of the Act is replaced by the following:
Warrant to appear under section 524
512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking the accused before a justice under section 524.
— 2026, c. 11, s. 23
23 (1) Section 515 of the Act is amended by adding the following after subsection (2.03):
Non-application
(2.04) Subsection (2.01) does not apply to an accused to whom subsection (6) applies.
(1.1) Section 515 of the Act is amended by adding the following after subsection (2.1):
Prohibition — surety convicted of indictable offence
(2.11) Despite subsection (2.1), a judge, justice or court shall not name a person as surety if the person was convicted of an indictable offence within ten years before the day on which the release order is made unless the judge, justice or court is satisfied that no other suitable surety is available and that doing so is in the interests of justice.
Record of reasons for surety
(2.12) If a judge, justice or court names a person described in subsection (2.11) as a surety, the judge, justice or court shall include in the record a statement of the reasons for doing so.
(2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph (a):
(a.1) whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted; or
(3) Subsection 515(4.1) of the Act is replaced by the following:
Condition prohibiting possession of firearms, etc.
(4.1) When the justice makes an order under subsection (2) in respect of an accused who is charged with any of the following offences, the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person:
(a) an offence in the commission of which violence against a person was used, threatened or attempted;
(b) a terrorism offence;
(c) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(d) an offence under section 264 (criminal harassment);
(e) an offence under section 346 (extortion);
(f) an offence under section 423.1 (intimidation of a justice system participant);
(g) an offence under subsection 423.2(1) (intimidation — health services);
(h) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
(i) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
(j) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
(k) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(4) Subsection 515(4.3) of the Act is amended by adding the following after paragraph (a):
(a.1) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(5) Paragraph 515(4.3)(b) of the Act is amended by replacing “264” with “264, 346”.
(6) Section 515 of the Act is amended by adding the following after subsection (4.3):
Additional conditions
(4.4) Before making an order under subsection (2) in respect of an accused who is charged with an offence described in subsection 333.1(1), (3) or (4) or paragraph 348(1)(d), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order that the accused
(a) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(b) abstain from having in their possession any instrument specified in the order that is suitable for the purpose of breaking into any place or motor vehicle; or
(c) return to and remain at their place of residence at the times specified in the order.
(7) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following:
Order of detention
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10), the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(8) Subparagraph 515(6)(a)(iv) of the English version of the Act is replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act,
(9) Paragraph 515(6)(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after subparagraph (viii):
(ix) that is an offence under any of sections 266 to 268 and 271 to 273 in the commission of which the accused is alleged to have choked, suffocated or strangled the complainant,
(x) that is an offence under section 279.01 or 279.011,
(xi) that is an offence under subsection 333.1(3) or (4),
(xii) that is an offence under subsection 346 in the commission of which violence was allegedly used, threatened or attempted against any person,
(xii.1) that is an offence in the commission of which violence was allegedly used and that would constitute the accused’s third or subsequent indictable offence in the commission of which violence was used,
(xiii) that is an offence under paragraph 348(1)(d), or
(xiv) that is an offence under section 117 or 118 of the Immigration and Refugee Protection Act;
(10) Paragraph 515(6)(b.2) of the Act is replaced by the following:
(b.2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within 10 years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more;
(11) Paragraph 515(10)(c) of the Act is amended by striking out “and” at the end of subparagraph (iii), by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) the number or gravity of any outstanding charges against the accused that arise out of separate events.
— 2026, c. 11, s. 24
24 Section 516 of the Act is replaced by the following:
Adjournment of proceedings
516 A justice may, before or at any time during the course of any proceedings under section 515, on application by the prosecutor or the accused, adjourn the proceedings and remand the accused to custody in prison by warrant in Form 19, but no adjournment shall be for more than three clear days except with the consent of the accused.
Remand in custody — non-communication order
516.1 (1) A justice who remands an accused to custody under subsection 503(3) or 515(11) or section 516 may order that the accused abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, except in accordance with any conditions specified in the order that the justice considers necessary.
Duration of order
(2) An order made under subsection (1) remains in force,
(a) until it is varied or revoked;
(b) until an order in respect of the accused is made under section 515;
(c) until the accused is acquitted of the offence, if applicable; or
(d) until the time the accused is sentenced, if applicable.
— 2026, c. 11, s. 25
25 (1) Subsection 520(1) of the Act is replaced by the following:
Review of order
520 (1) If a judge or justice makes an order under subsection 515(2), (5), (6), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the accused may, at any time before the trial of the charge, apply to a judge for a review of the order.
(2) Paragraph 520(7)(e) of the Act is replaced by the following:
(e) if the accused shows cause, allow the application, vacate or vary the order previously made by the justice and make any other order provided for in section 515 that the judge considers is warranted.
(3) Subsection 520(8) of the Act is replaced by the following:
Limitation of further applications
(8) If an application under this section or section 521 or 525 has been heard, a further or other application under this section or section 521 shall not be made with respect to that same accused, except with leave of a judge, before the expiry of 30 days from the date of the decision of the judge who heard the previous application.
— 2026, c. 11, s. 26
26 (1) Subsection 521(1) of the Act is replaced by the following:
Review of order
521 (1) If a judge or justice makes an order under subsection 515(1), (2), (7) or (12) or vacates, varies or makes any order under paragraph 523(2)(b), the prosecutor may, at any time before the trial of the charge, apply to a judge for a review of the order.
(2) Paragraph 521(8)(e) of the Act is replaced by the following:
(e) if the prosecutor shows cause, allow the application, vacate or vary the order previously made by the justice and make any other order provided for in section 515 that the judge considers to be warranted.
(3) Subsection 521(9) of the Act is replaced by the following:
Limitation of further applications
(9) If an application under this section or section 520 or 525 has been heard, a further or other application under this section or section 520 shall not be made with respect to the same accused, except with leave of a judge, before the expiry of 30 days from the date of the decision of the judge who heard the previous application.
— 2026, c. 11, s. 27
27 (1) Subsection 522(2) of the Act is replaced by the following:
Idem
(2) Where an accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province in which the accused is charged shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified within the meaning of subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.
(2) Section 522 of the Act is amended by adding the following after subsection (3):
Non-application
(3.1) For the purposes of subsection (3), subsection 515(2.01) does not apply to an accused referred to in subsection (2).
— 2026, c. 11, s. 28
28 (1) Subsection 523(1) of the Act replaced by the following:
Period for which appearance notice, etc., continues in force
523 (1) Subject to subsection (2), if an accused, in respect of an offence with which they are charged, has not been taken into custody or has been released from custody under any provision of this Part, the appearance notice, summons, undertaking or release order issued to, given or entered into by the accused continues in force, subject to its terms, and applies in respect of any new information charging the same offence or an included offence that was received after the appearance notice, summons, undertaking or release order was issued, given or entered into,
(a) if the accused is, at their trial, determined to be guilty of an offence listed in section 469, until their trial is completed;
(b) if the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, until a sentence within the meaning of section 673 is imposed on the accused; or
(c) in any other case, until their trial is completed.
(2) Paragraph 523(2)(a) of the Act is replaced by the following:
(a) the court, judge or justice before which or whom an accused who is charged with an offence listed in section 469 is being tried, at any time until the accused’s trial is completed,
(a.1) the court, judge or justice before which or whom an accused who is charged with an offence other than an offence listed in section 469 is being tried, at any time until a sentence within the meaning of section 673 is imposed on the accused,
(3) Paragraph 523(2)(c) of the Act is replaced by the following:
(c) with the consent of the prosecutor and the accused or, if the accused or the prosecutor applies to vacate or vary an order that would otherwise apply under subsection (1.1), without such consent,
(i) the court, judge or justice before which or whom an accused is to be tried, at any time,
(ii) if the accused is charged with an offence listed in section 469, a judge of or a judge presiding in a superior court of criminal jurisdiction for the province, at any time until the accused’s trial is completed, or
(iii) if the accused is charged with an offence other than an offence listed in section 469, the justice by whom an order was made under this Part or any other justice, at any time until a sentence within the meaning of section 673 is imposed on the accused,
may, on cause being shown, vacate or vary any order previously made under this Part for the interim release or detention of the accused and make any other order provided for in this Part for the detention or release of the accused that the court, judge or justice considers to be warranted.
(4) Section 523 of the Act is amended by adding the following after subsection (2):
Order of detention until sentencing — onus
(2.1) Despite subsection (2), if the prosecutor brings an application to vacate an order for the interim release of the accused after the accused is, at their trial, determined to be guilty of an offence other than an offence listed in section 469 and before a sentence within the meaning of section 673 is imposed on the accused, the court, judge or justice shall order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection.
Application — subsection (2)
(2.2) For the purposes of subsection (2), if an accused is charged with an offence listed in section 469 but is, at their trial, determined to be guilty of an offence other than an offence listed in section 469, the accused is deemed to have been charged with an offence other than an offence listed in section 469.
Non-application
(2.3) For the purposes of subsection (2), subsection 515(2.01) does not apply to an accused referred to in subsection (2.1).
— 2026, c. 11, s. 29
29 (1) Paragraph 524(2)(b) of the Act is replaced by the following:
(b) the accused has been arrested for having committed an offence while being subject to a summons, appearance notice, undertaking or release order and the prosecutor seeks to have it cancelled under this section.
(2) Paragraph 524(3)(b) of the Act is replaced by the following:
(b) there are reasonable grounds to believe that the accused has committed an offence while being subject to the summons, appearance notice, undertaking or release order.
(3) Subsection 524(4) of the Act is replaced by the following:
Detention — onus on accused
(4) If the judge or justice cancels the summons, appearance notice, undertaking or release order, the judge or justice shall, in the following circumstances, order that the accused be detained in custody unless the accused, having been given a reasonable opportunity to do so, shows cause why their detention in custody is not justified under subsection 515(10) by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in that subsection:
(a) the judge or justice found under paragraph (3)(a) that the accused has contravened or had been about to contravene the summons, appearance notice, undertaking or release order;
(b) the judge or justice found under paragraph (3)(b) that there are reasonable grounds to believe that the accused has committed an indictable offence while being subject to the summons, appearance notice, undertaking or release order; or
(c) any of the outstanding charges against the accused include charges for an offence referred to in subsection 515(6) or 522(2).
(4) Section 524 of the Act is amended by adding the following after subsection (5):
Non-application
(5.1) For the purposes of subsection (5), subsection 515(2.01) does not apply to an accused referred to in subsection (4).
(5) Section 524 of the Act is amended by adding the following after subsection (6):
Release order — onus on prosecutor
(6.1) If the judge or justice cancels the summons, appearance notice, undertaking or release order in respect of an accused to whom subsection (4) does not apply, the judge or justice shall, unless the prosecutor shows cause why the detention of the accused is justified, make a release order referred to in subsection 515.
Detention order
(6.2) If the judge or justice does not make a release order under subsection (6.1), they shall make a detention order referred to in section 515.
(6) Subsections 524(9) and (10) of the Act are replaced by the following:
Review — order by judge
(9) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused referred to in paragraph (1)(a) is not subject to review except as provided in section 680.
Review — order of justice
(10) An order made under subsection (4), (5), (6.1) or (6.2) respecting an accused other than the accused referred to in paragraph (1)(a), is subject to review under sections 520 and 521 as if the order were made under section 515.
— 2026, c. 11, s. 30
30 (1) Section 525 of the Act is amended by adding the following after subsection (4):
Clarification
(4.1) For greater certainty, if in conducting the hearing referred to in subsection (1) the judge conducts a proceeding under section 515, they shall order the release or detention of the accused on cause being shown in accordance with that section.
(2) Section 525 of the Act is amended by adding the following after subsection (5):
Detention order
(5.1) If the judge does not make a release order under subsection (5), the judge shall make an order that the accused continue to be detained. The order is deemed to be a detention order made under section 515.
Clarification — further hearing
(5.2) For greater certainty, after an order is made under subsection (5.1), no further hearing under this section shall be held unless required by the judge under paragraph (4)(b).
— 2026, c. 11, s. 31
31 The portion of subsection 527(5) of the English version of the Act before paragraph (a) is replaced by the following:
Detention in other cases
(5) If the appearance of a prisoner is required for the purposes of subsection (1), the judge or provincial court judge shall give appropriate directions in the order with respect to the manner in which the prisoner is
— 2026, c. 11, s. 32
32 Paragraph (h.1) of the definition judge in section 552 of the Act is replaced by the following:
(h.1) in the Province of Newfoundland and Labrador, a judge of the Supreme Court,
— 2026, c. 11, s. 33
33 Subparagraph 561(1)(b)(ii) of the French version of the Act is replaced by the following:
(ii) tout mode de procès avec le consentement écrit du poursuivant.
— 2026, c. 11, s. 34
34 Subsection 672.5(13) of the Act is replaced by the following:
Remote appearance
(13) If the accused so agrees, the court or the chairperson of the Review Board may permit the accused to appear by videoconference for any part of the hearing.
Remote appearance — compelling circumstances
(13.01) Despite subsection (13), the court or Review Board may order their appearance by audioconference or videoconference if the court or Review Board determines that compelling circumstances exist to do so.
Audioconference only
(13.02) The court or Review Board may allow the accused to appear by audioconference only if it is satisfied that
(a) videoconferencing is not readily available; and
(b) the appearance by audioconference would permit the court or Review Board to conduct the proceedings effectively despite not seeing the accused.
Factors
(13.03) When deciding whether to make an order under subsection (13.01), the court or Review Board must take into account the following factors:
(a) the accused’s right to a review of their disposition;
(b) the location and personal circumstances of the accused, including any potential adverse effects of an audioconference or videoconference on the accused’s mental condition;
(c) the suitability of the available technology and the location from where the parties will participate in the hearing;
(d) the accused’s opportunity to communicate privately with legal counsel, if they are represented, or to have access to legal advice during the hearing;
(e) the subject matter and the anticipated complexity of the hearing; and
(f) any other factor that the court or Review Board considers relevant.
Written reasons
(13.04) If the court or Review Board decides to make the order, it must provide reasons in writing.
— 2026, c. 11, s. 34.1
34.1 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5), (6.1) or (6.2) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
— 2026, c. 11, s. 35
35 Section 705 of the Act is amended by adding the following after subsection (3):
Witness — warrant endorsement
(4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.1, authorize the release of the person referred to in the warrant, on an undertaking with conditions.
Conditions — undertaking
(5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding.
Apply to vary undertaking
(6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released.
Deeming
(7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.1.
— 2026, c. 11, s. 36
36 The Act is amended by adding the following after section 705:
Release — undertaking
705.1 (1) If a person has been arrested by a peace officer under a warrant issued under subsection 705(1) or (2) and the warrant has been endorsed under subsection 705(4), a peace officer may release the person if they give an undertaking in Form 10.1.
Information required
(2) The undertaking must set out
(a) the name, date of birth and contact information of the person; and
(b) information about the proceeding in which the person was served a subpoena or bound by a recognizance, to attend to give evidence.
Mandatory conditions
(3) The undertaking must include a condition that the person attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Other conditions
(4) The undertaking must include any condition that is imposed by the court, judge, justice or provincial court judge under subsection 705(5) and set out in the endorsement made in Form 29.1.
Signature — witness
(5) The person referred to in subsection 705(1) or (2) shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them.
Lack of signature — refusal or failure
(6) If the person fails or refuses to sign, the lack of the person’s signature does not invalidate the undertaking.
Conditions in effect
(7) The conditions with respect to the undertaking remain in effect until they are cancelled or changed or until the person appears and remains in attendance at the proceeding as required by the mandatory condition.
— 2026, c. 11, s. 37
37 Subsection 708(2) of the Act is replaced by the following:
Punishment
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years less a day, or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to that person’s detention, if any.
— 2026, c. 11, s. 38
38 The Act is amended by adding the following after section 718.04:
Objectives — offence of motor vehicle theft when violence used
718.05 If a court imposes a sentence for a second or subsequent offence under subsection 333.1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Objectives — offence of breaking and entering
718.06 If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Objectives — offence for the benefit of a criminal organization
718.07 If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
— 2026, c. 11, s. 39
39 (1) Subparagraph 718.2(a)(iii.2) of the Act is replaced by the following:
(iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, or was providing services as a first responder,
(2) Paragraph 718.2(a) of the Act is amended by striking out “and” at the end of subparagraph (vi), by adding “and” at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,
— 2026, c. 11, s. 40
40 Paragraph 718.3(4)(b) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) one of the offences was committed with the use of violence, threats or attempts of violence against another person and the accused has been convicted, within the previous five years, of one or more such offences.
— 2026, c. 11, s. 41
41 Section 734.5 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) where the proceeds of the fine belong to His Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of the legislature of a province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.
— 2026, c. 11, s. 42
42 The Act is amended by adding the following after section 734.5:
Compensation agreements
734.51 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority
(a) respecting the sharing with that province or authority of the amounts in respect of fines that are collected in respect of the prosecution of offences commenced under this Act or any other Act of Parliament, for the purpose of providing for compensation by Canada to that province or authority, in whole or in part, for the administration and enforcement of this Act or any other Act of Parliament; and
(b) despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.
Appropriation by Parliament
(2) All or a portion of the amount of fines referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.
— 2026, c. 11, s. 43
43 (1) Paragraph 742.1(c) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(ii.1) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(ii.2) section 273 (aggravated sexual assault), or
(2) Section 742.1 of the Act is amended by striking out “and” at the end of subparagraph (c)(iii) and by adding the following after paragraph (c):
(c.1) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
(i) section 153.1 (sexual exploitation of person with disability), or
(ii) section 271 (sexual assault);
(c.2) the offence is not an offence, prosecuted by way of indictment, of a sexual nature, or committed for a sexual purpose, that involves a victim under 18 years of age; and
— 2026, c. 11, s. 44
44 (1) Paragraph 745.6(3)(c) of the Act is repealed.
(2) Paragraph 745.6(3)(e) of the Act is replaced by the following:
(e) in relation to the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Chief Justice of the Supreme Court; and
— 2026, c. 11, s. 45
45 (1) Paragraph 812(1)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Supreme Court;
(2) Paragraph 812(1)(g) of the Act is repealed.
— 2026, c. 11, s. 46
46 The reference to “The Trial Division of the Supreme Court” in column II of the schedule to Part XXV of the Act, opposite “Newfoundland and Labrador” in column I, is replaced by a reference to “The Supreme Court”.
— 2026, c. 11, s. 47
47 The paragraph of Form 6 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(Subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this summons or are charged with committing an offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 48
48 The paragraph of Form 6.2 of Part XXVIII of the Act that begins with “If you are on interim release” and ends with “(section 524 of the Criminal Code).” is replaced by the following:
If you are on interim release and do not comply with this summons or are charged with committing an offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).
— 2026, c. 11, s. 49
49 Paragraphs (d) and (e) of Form 8 of Part XXVIII of the Act are replaced by the following:
□ (d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3), (4) and (6.2)];
□ (e) there are reasonable grounds to believe that the accused has committed an offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3), (4) and (6.2)];
— 2026, c. 11, s. 50
50 The paragraph of section 6 of Form 9 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this appearance notice or are charged with committing an offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 51
51 (1) Section 7 of Form 10 of Part XXVIII of the Act is replaced by the following:
7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code. Finally, you or the prosecutor may apply to a justice of the peace to vary this undertaking.
(2) The paragraph of section 9 of Form 10 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this undertaking or are charged with committing an offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 52
52 Part XXVIII of the Act is amended by adding the following after Form 10:
FORM 10.1(Subsection 705(4))Undertaking — Witness
Canada,
Province of
,(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Proceeding in which you were served a subpoena or bound by a recognizance, to attend to give evidence
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence and/or bring with you anything in your possession or under your control that relates to the said charge.
4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court:
Date:
Time:
Court number:
Court address:
5 Conditions determined by the court, judge, justice or provincial court judge
You must also comply with the following conditions (reproduce the conditions determined by the court, justice or provincial court judge as set out in Form 29.1):
6 Conditions in effect
The mandatory condition and the conditions determined by the court, judge, justice or provincial court judge on this undertaking remain in effect until they are cancelled or changed or until you appear and remain in attendance at the proceeding as required by the mandatory condition (section 763 of the Criminal Code).
7 Variation
The conditions of this undertaking may be varied by application to the court, judge, justice or provincial court judge.
8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
(a) if you fail to attend court as required; or
(b) if you fail to comply with the conditions determined by the court, judge, justice or provincial court judge.
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
9 Signatures
WITNESS:
I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions determined by the court, judge, justice or provincial court judge.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought before a court, judge, provincial court judge or justice under sections 705 and 706 of the Criminal Code.
Signed on (date)
, at (place).(Signature of witness)
PEACE OFFICER:
Signed on (date)
, at (place) .(Signature of peace officer)
(Name of the peace officer)
— 2026, c. 11, s. 53
53 The paragraph of item 8 of Form 11 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this release order or are charged with committing an offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
— 2026, c. 11, s. 54
54 Form 12 of Part XXVIII of the Act is amended by adding the following after section 7:
7.1 Financial Information
Annual Income ...................
Assets (nature and value) ...................
Other ...................
— 2026, c. 11, s. 55
55 Part XXVIII of the Act is amended by adding the following after Form 29:
FORM 29.1(Subsection 705(4))Endorsement of Witness — Warrant
Canada,
Province of
,(territorial division).
Whereas this warrant is issued under subsection 705(1) or (2) of the Criminal Code in respect of a witness who has been served with a subpoena to give evidence in a proceeding or who has been bound by a recognizance to attend and give evidence in a proceeding, I authorize the release of that person under subsections 705(4) and (5) of that Act.
This endorsement is subject to the following conditions: (specify conditions).
Dated (date)
, at (place) (Signature of judge, justice or provincial court judge)
— 2026, c. 11, s. 83
Bill C-9
83 (1) Subsections (2) to (6) apply if Bill C-9, introduced in the 1st session of the 45th Parliament and entitled the Combatting Hate Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 9(1) of the other Act comes into force before subsection 23(3) of this Act, then that subsection 23(3) is amended by replacing the paragraphs 515(4.1)(h) to (k) that it enacts with the following:
(h) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.);
(i) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
(j) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
(k) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
(l) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(3) If subsection 23(3) of this Act comes into force before subsection 9(1) of the other Act, then that subsection 9(1) is replaced by the following:
9 (1) Subsection 515(4.1) of the Act is amended by adding the following after paragraph (g):
(g.1) an offence under subsection 423.3(1) (intimidation — building used for religious worship, etc.);
(4) If subsection 9(1) of the other Act and subsection 23(3) of this Act come into force on the same day, then that subsection 9(1) is deemed to have come into force before that subsection 23(3) and subsection (2) applies as a consequence.
(5) If subsection 23(5) of this Act comes into force before subsection 9(2) of the other Act, then that subsection 9(2) is amended by replacing the paragraph 515(4.3)(b) that it enacts with the following:
(b) an offence described in section 264, 346 or 423.1 or subsection 423.2(1) or 423.3(1);
(6) If subsection 9(2) of the other Act and subsection 23(5) of this Act come into force on the same day, then that subsection 9(2) is deemed to have come into force before that subsection 23(5).
— 2026, c. 12, s. 1
1 Section 231 of the Criminal Code is amended by adding the following after subsection (3):
Murder of intimate partner
(3.1) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is that person’s intimate partner and the death is caused by that person while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause the victim to believe that the victim’s physical or psychological safety is threatened.
— 2026, c. 12, s. 1.1
1.1 Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding the following:
Manslaughter of intimate partner
(2) The court that imposes a sentence for manslaughter shall consider imposing a sentence of imprisonment for life if the person committed the manslaughter against their intimate partner while engaging in, or after having engaged in, a pattern of coercive or controlling conduct with intent to cause their intimate partner to believe that their physical or psychological safety is threatened.
— 2026, c. 12, s. 2
2 The Act is amended by adding the following after section 263:
Violence against intimate partner
263.1 (1) Everyone who commits an offence — referred to in this section as the “included offence” — in which violence is used, threatened or attempted against their intimate partner is
(a) guilty of an indictable offence and liable to the punishment provided for in subsection (3); or
(b) guilty of an offence punishable on summary conviction.
Limitation
(2) No proceedings under subsection (1) shall be
(a) commenced by way of indictment if the included offence may be prosecuted only by way of summary conviction proceedings; or
(b) commenced by way of summary conviction proceedings if the included offence may be prosecuted only by way of indictment.
Punishment
(3) Everyone who is found guilty of an indictable offence under subsection (1) is liable to a term of imprisonment of not more than
(a) five years, if the maximum term of imprisonment for the included offence is two years or more but less than five years;
(b) 10 years, if the maximum term of imprisonment for the included offence is five years or more but less than 10 years;
(c) 14 years, if the maximum term of imprisonment for the included offence is 10 years or more but less than 14 years; or
(d) life, if the maximum term of imprisonment for the included offence is 14 years or more and up to imprisonment for life.
Applicable provisions
(4) Subject to paragraphs (1)(a) and (b) and subsections (2) and (3), any provision of this Act or any other Act of Parliament — including one in respect of procedure, orders or consequences — that would have been applicable in relation to the included offence applies in relation to an offence under subsection (1).
— 2026, c. 12, s. 3
3 The portion of subsection 490(2) of the Act before paragraph (a) is replaced by the following:
Further detention
(2) Nothing shall be detained under the authority of paragraph (1)(b) for a period of more than 180 days after the day of the seizure, or any longer period that ends when an application made under paragraph (a) is decided, unless
— 2026, c. 12, s. 4
4 Paragraph 515(6)(b.1) of the Act is replaced by the following:
(b.1) with an offence in the commission of which violence was allegedly used, threatened or attempted against their intimate partner, and the accused
(i) has been previously convicted or discharged under section 730 of an offence in the commission of which violence was used, threatened or attempted against any intimate partner of the accused, or
(ii) was, at the time the offence is alleged to have been committed, subject to a recognizance entered into under section 810, 810.02, 810.03, 810.1 or 810.2, in the case where the information for the recognizance was laid on behalf of any intimate partner of the accused;
— 2026, c. 12, s. 5
5 Section 662 of the Act is amended by adding the following after subsection (5):
Offence under subsection 263.1(1) charged
(5.1) For greater certainty, if a count charges an offence under subsection 263.1(1) and the evidence does not prove that offence but proves an included offence, the accused may be found guilty of the offence that is proved.
— 2026, c. 12, s. 6
6 Paragraph (b) of the definition sentence in section 673 of the Act is replaced by the following:
(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 320.24 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 745.52,
— 2026, c. 12, s. 7
7 (1) Subsection 675(2) of the Act is replaced by the following:
Appeal against absolute term in excess of 10 years
(2) A person who has been convicted of second degree murder, or of manslaughter in the circumstances set out in subsection 236(2), and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of 10 may appeal to the court of appeal against the number of years in excess of 10 of their imprisonment without eligibility for parole.
(2) Subsection 675(2.2) of the Act is replaced by the following:
Persons under 18
(2.2) A person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and was sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case.
— 2026, c. 12, s. 8
8 Subsection 676(4) of the Act is replaced by the following:
Appeal against ineligible parole period
(4) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder or manslaughter in the circumstances set out in subsection 236(2), against the number of years of imprisonment without eligibility for parole, being less than 25, that has been imposed as a result of that conviction.
— 2026, c. 12, s. 9
9 Subsection 718.3(8) of the Act is repealed.
— 2026, c. 12, s. 10
10 The Act is amended by adding the following after section 726.1:
Endorsement — offence under subsection 263.1(1)
726.11 When an offender is found guilty of an offence under subsection 263.1(1), the court shall endorse, on the information or indictment, the included offence that has been proved by the evidence and, in the absence of evidence to the contrary, the endorsement is proof of that fact.
— 2026, c. 12, s. 11
11 Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) in respect of a person who has been convicted of manslaughter in the circumstances set out in subsection 236(2), that the person be sentenced to imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or the greater number of years, not being more than 25 years, that has been substituted for that 10 years under paragraph 745.52(1)(a); and
— 2026, c. 12, s. 12
12 (1) The portion of section 745.1 of the Act before paragraph (a) is replaced by the following:
Persons under 18
745.1 The sentence to be pronounced against a person who was under the age of 18 at the time of the commission of the offence for which the person was convicted of first degree murder, second degree murder or manslaughter in the circumstances set out in subsection 236(2) and who is to be sentenced to imprisonment for life shall be that the person be sentenced to imprisonment for life without eligibility for parole until the person has served
(2) Paragraph 745.1(c) of the Act is replaced by the following:
(c) seven years, in the case of a person who was convicted of second degree murder or of manslaughter in the circumstances set out in subsection 236(2) and who was 16 or 17 years of age at the time of the commission of the offence.
— 2026, c. 12, s. 13
13 The Act is amended by adding the following after section 745.51:
Manslaughter in certain circumstances
745.52 (1) At the time of sentencing under paragraph 745(c.1) or 745.1(a) of an offender who is convicted of manslaughter in the circumstances set out in subsection 236(2), the judge who presided at the trial of the offender — or, if that judge is unable to do so, any judge of the same court — may, by order and as the judge considers fit in the circumstances,
(a) substitute for 10 years a greater number of years, of up to 25, of imprisonment without eligibility for parole, in the case of a sentencing under paragraph 745(c.1); or
(b) decide the period of imprisonment the offender is to serve that is between five and seven years without eligibility for parole, in the case of a sentencing under paragraph 745.1(a).
Considerations
(2) For the purposes of subsection (1), the judge shall have regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission and, in respect of a decision under paragraph (1)(b), the age of the offender.
— 2026, c. 12, s. 14
14 The portion of section 746 of the Act before paragraph (a) is replaced by the following:
Time spent in custody
746 In calculating the period of imprisonment served for the purposes of section 745, 745.1, 745.4, 745.5, 745.52 or 745.6, there shall be included any time spent in custody between
— 2026, c. 12, s. 15
Sentencing for manslaughter
15 Subsection 236(2) of the Criminal Code does not apply with respect to an offence that is committed before the 30th day after the day on which this Act receives royal assent.
— 2026, c. 12, s. 16
Period for further detention — subsection 490(2)
16 Subsection 490(2) of the Criminal Code, as amended by section 3, applies with respect to any matter or proceeding that is ongoing on the 30th day after the day on which this Act receives royal assent.
— 2026, c. 12, s. 17
Coordinating amendments with Bill C-16 — first degree murder
17 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 25 of the other Act comes into force before section 1 of this Act, then that section 1 is repealed.
(3) If section 1 of this Act comes into force before section 25 of the other Act, then, on the day on which that section 25 comes into force, subsection 231(3.1) of the Criminal Code is repealed.
(4) If section 25 of the other Act and section 1 of this Act come into force on the same day, then that section 1 is deemed never to have come into force and is repealed.
— 2026, c. 12, s. 18
Coordinating amendments with Bill C-16 — manslaughter
18 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 26 of the other Act comes into force before section 1.1 of this Act, then that section 1.1 and section 15 of this Act are repealed.
(3) If section 1.1 of this Act comes into force before section 26 of the other Act, then
(a) that section 26 is amended by replacing “Section 236 of the Act is renumbered as subsection 236(1) and is amended by adding” with “Subsection 236(2) of the Act is replaced by”; and
(b) section 98 of the other Act is replaced with the following:
Sentencing for manslaughter
98 Paragraphs 236(2)(b) to (d) of the Act do not apply with respect to an offence that is committed before the commencement day.
(4) If section 26 of the other Act and section 1.1 of this Act come into force on the same day, then that section 1.1 and section 15 of this Act are deemed never to have come into force and are repealed.
(5) If section 55 of the other Act comes into force before section 6 of this Act, then that section 6 is repealed.
(6) If section 6 of this Act comes into force before section 55 of the other Act, then that section 55 is repealed.
(7) If section 55 of the other Act and section 6 of this Act come into force on the same day, then that section 6 is deemed never to have come into force and is repealed.
(8) If section 56 of the other Act comes into force before section 7 of this Act, then that section 7 is repealed.
(9) If section 56 of the other Act and section 7 of this Act come into force on the same day, then that section 7 is deemed never to have come into force and is repealed.
(10) If section 57 of the other Act comes into force before section 8 of this Act, then that section 8 is repealed.
(11) If section 57 of the other Act and section 8 of this Act come into force on the same day, then that section 8 is deemed never to have come into force and is repealed.
(12) If section 72 of the other Act comes into force before section 11 of this Act, then that section 11 is repealed.
(13) If section 11 of this Act comes into force before section 72 of the other Act, then that section 72 is amended by replacing “Section 745 of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph” with “Paragraph 745(c.1) of the Act is replaced by the following”.
(14) If section 72 of the other Act and section 11 of this Act come into force on the same day, then that section 11 is deemed never to have come into force and is repealed.
(15) If section 73 of the other Act comes into force before section 12 of this Act, then that section 12 is repealed.
(16) If section 73 of the other Act and section 12 of this Act come into force on the same day, then that section 12 is deemed never to have come into force and is repealed.
(17) If section 74 of the other Act comes into force before section 13 of this Act, then that section 13 is repealed.
(18) If section 13 of this Act comes into force before section 74 of the other Act, then that section 74 is amended by replacing “The Act is amended by adding the following after section 745.51” with “Section 745.52 of the Act is replaced by the following”.
(19) If section 74 of the other Act and section 13 of this Act come into force on the same day, then that section 13 is deemed never to have come into force and is repealed.
(20) If section 75 of the other Act comes into force before section 14 of this Act, then that section 14 is repealed.
(21) If section 14 of this Act comes into force before section 75 of the other Act, then that section 75 is repealed.
(22) If section 75 of the other Act and section 14 of this Act come into force on the same day, then that section 14 is deemed never to have come into force and is repealed.
— 2026, c. 12, s. 19
Coordinating amendments with Bill C-16 — intimate partner violence
19 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which subsection 2(1) of the other Act and section 2 of this Act are in force, subsection 3.01(2) of the Criminal Code is amended by adding the following after paragraph (b):
(b.1) subsection 263.1(1);
(3) If subsection 2(1) of the other Act comes into force before section 9 of this Act, then, on the day on which section 9 comes into force, paragraph 3.01(2)(g) of the Criminal Code is repealed.
(4) If section 9 of this Act comes into force before subsection 2(1) of the other Act, then that subsection 2(1) is amended by repealing the paragraph 3.01(2)(g) that it enacts.
(5) If subsection 2(1) of the other Act and section 9 of this Act come into force on the same day, then that section 9 is deemed to have come into force before that subsection 2(1) and subsection (4) applies as a consequence.
— 2026, c. 12, s. 20
Coordinating amendments with Bill C-16 — further detention
20 (1) This section applies if Bill C-16, introduced in the 1st session of the 45th Parliament and entitled the Protecting Victims Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 44 of the other Act comes into force before section 3 of this Act, then that section 3 and section 16 of this Act are repealed.
(3) If section 3 of this Act comes into force before section 44 of the other Act, then that section 44 and section 104 of the other Act are repealed.
(4) If section 44 of the other Act and section 3 of this Act come into force on the same day, then that section 3 and section 16 of this Act are deemed never to have come into force and are repealed.
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