An Act respecting the Criminal Law
1. This Act may be cited as the Criminal Code.
R.S., c. C-34, s. 1.
2. In this Act,
"Act" includes
(a) an Act of Parliament,
(b) an Act of the legislature of the former Province of Canada,
(c) an Act of the legislature of a province, and
(d) an Act or ordinance of the legislature of a province, territory or place in force at the time that province, territory or place became a province of Canada;
"Attorney General" «procureur général»
"Attorney General"
(a) with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his lawful deputy, and
(b) with respect to
(i) the Northwest Territories and the Yukon Territory, or
(ii) proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene or counselling the contravention of any Act of Parliament other than this Act or any regulation made under any such Act,
means the Attorney General of Canada and includes his lawful deputy;
"bank-note" «billet de banque»
"bank-note" includes any negotiable instrument
(a) issued by or on behalf of a person carrying on the business of banking in or out of Canada, and
(b) issued under the authority of Parliament or under the lawful authority of the government of a state other than Canada,
intended to be used as money or as the equivalent of money, immediately on issue or at some time subsequent thereto, and includes bank bills and bank post bills;
"bodily harm" « lésions corporelles »
"bodily harm" means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;
"Canadian Forces" «Forces canadiennes»
"Canadian Forces" means the armed forces of Her Majesty raised by Canada;
"cattle" means neat cattle or an animal of the bovine species by whatever technical or familiar name it is known, and includes any horse, mule, ass, pig, sheep or goat;
"clerk of the court" «greffier du tribunal»
"clerk of the court" includes a person, by whatever name or title he may be designated, who from time to time performs the duties of a clerk of the court;
"complainant" means the victim of an alleged offence;
"counsel" means a barrister or solicitor, in respect of the matters or things that barristers and solicitors, respectively, are authorized by the law of a province to do or perform in relation to legal proceedings;
"count" means a charge in an information or indictment;
"court of appeal" « cour d'appel »
"court of appeal" means
(a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court, and
(b) in all other provinces, the Court of Appeal;
"court of criminal jurisdiction" «cour de juridiction criminelle»
"court of criminal jurisdiction" means
(a) a court of general or quarter sessions of the peace, when presided over by a superior court judge,
(a.1) in the Province of Quebec, the Court of Quebec, the municipal court of Montreal and the municipal court of Quebec,
(b) a provincial court judge or judge acting under Part XIX, and
(c) in the Province of Ontario, the Ontario Court of Justice;
"criminal organization" « gang »
"criminal organization" means any group, association or other body consisting of five or more persons, whether formally or informally organized,
(a) having as one of its primary activities the commission of an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, and
(b) any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;
"criminal organization offence" « acte de gangstérisme »
"criminal organization offence" means
(a) an offence under section 467.1 or an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more, or
(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);
"day" means the period between six o'clock in the forenoon and nine o'clock in the afternoon of the same day;
"document of title to goods" «titre de marchandises»
"document of title to goods" includes a bought and sold note, bill of lading, warrant, certificate or order for the delivery or transfer of goods or any other valuable thing, and any other document used in the ordinary course of business as evidence of the possession or control of goods, authorizing or purporting to authorize, by endorsement or by delivery, the person in possession of the document to transfer or receive any goods thereby represented or therein mentioned or referred to;
"document of title to lands" «titre de bien-fonds»
"document of title to lands" includes any writing that is or contains evidence of the title, or any part of the title, to real property or to any interest in real property, and any notarial or registrar's copy thereof and any duplicate instrument, memorial, certificate or document authorized or required by any law in force in any part of Canada with respect to registration of titles that relates to title to real property or to any interest in real property;
"dwelling-house" «maison d'habitation»
"dwelling-house" means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes
(a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passage-way, and
(b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence;
"every one", "person", "owner" «quiconque», «individu», «personne» et «propriétaire»
"every one", "person", "owner", and similar expressions include Her Majesty and public bodies, bodies corporate, societies, companies and inhabitants of counties, parishes, municipalities or other districts in relation to the acts and things that they are capable of doing and owning respectively;
"explosive substance" «substance explosive»
"explosive substance" includes
(a) anything intended to be used to make an explosive substance,
(b) anything, or any part thereof, used or intended to be used, or adapted to cause, or to aid in causing an explosion in or with an explosive substance, and
(c) an incendiary grenade, fire bomb, molotov cocktail or other similar incendiary substance or device and a delaying mechanism or other thing intended for use in connection with such a substance or device;
"feeble-minded person" [Repealed, 1991, c. 43, s. 9]
"firearm" means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm;
"Her Majesty's Forces" «forces de Sa Majesté»
"Her Majesty's Forces" means the naval, army and air forces of Her Majesty wherever raised, and includes the Canadian Forces;
"highway" «voie publique» ou «grande route»
"highway" means a road to which the public has the right of access, and includes bridges over which or tunnels through which a road passes;
"indictment" «acte d'accusation»
"indictment" includes
(a) information or a count therein,
(b) a plea, replication or other pleading, and
(c) any record;
"internationally protected person" «personne jouissant d'une protection internationale»
"internationally protected person" means
(a) a head of state, including any member of a collegial body that performs the functions of a head of state under the constitution of the state concerned, a head of a government or a minister of foreign affairs, whenever that person is in a state other than the state in which he holds that position or office,
(b) a member of the family of a person described in paragraph (a) who accompanies that person in a state other than the state in which that person holds that position or office,
(c) a representative or an official of a state or an official or agent of an international organization of an intergovernmental character who, at the time when and at the place where an offence referred to in subsection 7(3) is committed against his person or any property referred to in section 431 that is used by him, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity, or
(d) a member of the family of a representative, official or agent described in paragraph (c) who forms part of his household, if the representative, official or agent, at the time when and at the place where any offence referred to in subsection 7(3) is committed against the member of his family or any property referred to in section 431 that is used by that member, is entitled, pursuant to international law, to special protection from any attack on his person, freedom or dignity;
"justice" means a justice of the peace or a provincial court judge, and includes two or more justices where two or more justices are, by law, required to act or, by law, act or have jurisdiction;
"magistrate" [Repealed, R.S., 1985, c. 27 (1st Supp.), s. 2]
"mental disorder" « troubles mentaux »
"mental disorder" means a disease of the mind;
"military" shall be construed as relating to all or any of the Canadian Forces;
"military law" «loi militaire»
"military law" includes all laws, regulations or orders relating to the Canadian Forces;
"motor vehicle" «véhicule à moteur»
"motor vehicle" means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment;
"municipality" includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose;
"newly-born child" «enfant nouveau-né» ou «nouveau-né»
"newly-born child" means a person under the age of one year;
"night" means the period between nine o'clock in the afternoon and six o'clock in the forenoon of the following day;
"offence-related property" « bien infractionnel »
"offence-related property" means any property, within or outside Canada,
(a) by means of or in respect of which a criminal organization offence is committed,
(b) that is used in any manner in connection with the commission of a criminal organization offence, or
(c) that is intended for use for the purpose of committing a criminal organization offence,
but does not include real property, other than real property built or significantly modified for the purpose of facilitating the commission of a criminal organization offence;
"offender" means a person who has been determined by a court to be guilty of an offence, whether on acceptance of a plea of guilty or on a finding of guilt;
"offensive weapon" «arme offensive»
"offensive weapon" has the same meaning as "weapon";
"peace officer" «agent de la paix»
"peace officer" includes
(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff's officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act or the Excise Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
(i) appointed for the purposes of section 156 of the National Defence Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;
"prison" includes a penitentiary, common jail, public or reformatory prison, lock-up, guard-room or other place in which persons who are charged with or convicted of offences are usually kept in custody;
"property" «biens» ou «propriété»
"property" includes
(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange, and
(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;
"prosecutor" means the Attorney General or, where the Attorney General does not intervene, means the person who institutes proceedings to which this Act applies, and includes counsel acting on behalf of either of them;
"provincial court judge" «juge de la cour provinciale»
"provincial court judge" means a person appointed or authorized to act by or pursuant to an Act of the legislature of a province, by whatever title that person may be designated, who has the power and authority of two or more justices of the peace and includes the lawful deputy of that person;
"public department" «ministère public»
"public department" means a department of the Government of Canada or a branch thereof or a board, commission, corporation or other body that is an agent of Her Majesty in right of Canada;
"public officer" «fonctionnaire public»
"public officer" includes
(a) an officer of customs or excise,
(b) an officer of the Canadian Forces,
(c) an officer of the Royal Canadian Mounted Police, and
(d) any officer while the officer is engaged in enforcing the laws of Canada relating to revenue, customs, excise, trade or navigation;
"public stores" «approvisionnements publics»
"public stores" includes any personal property that is under the care, supervision, administration or control of a public department or of any person in the service of a public department;
"railway equipment" «matériel ferroviaire»
"railway equipment" means
(a) any machine that is constructed for movement exclusively on lines of railway, whether or not the machine is capable of independent motion, or
(b) any vehicle that is constructed for movement both on and off lines of railway while the adaptations of that vehicle for movement on lines of railway are in use;
"steal" means to commit theft;
"superior court of criminal jurisdiction" «cour supérieure de juridiction criminelle»
"superior court of criminal jurisdiction" means
(a) in the Province of Ontario, the Court of Appeal or the Ontario Court (General Division),
(b) in the Province of Quebec, the Superior Court,
(c) in the Province of Prince Edward Island, the Supreme Court,
(d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Appeal or the Court of Queen's Bench,
(e) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the Supreme Court or the Court of Appeal,
(f) in the Yukon Territory, the Supreme Court, and
(g) in the Northwest Territories, the Supreme Court;
"territorial division" «circonscription territoriale»
"territorial division" includes any province, county, union of counties, township, city, town, parish or other judicial division or place to which the context applies;
"testamentary instrument" «acte testamentaire»
"testamentary instrument" includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;
"trustee" means a person who is declared by any Act to be a trustee or is, by the law of a province, a trustee, and, without restricting the generality of the foregoing, includes a trustee on an express trust created by deed, will or instrument in writing, or by parol;
"unfit to stand trial" « inaptitude à subir son procès »
"unfit to stand trial" means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;
"valuable security" «valeur» ou «effet appréciable»
"valuable security" includes
(a) an order, exchequer acquittance or other security that entitles or evidences the title of any person
(i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or
(ii) to a deposit in a savings bank or other bank,
(b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money,
(c) a document of title to lands or goods wherever situated,
(d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and
(e) a release, receipt, discharge or other instrument evidencing payment of money;
"weapon" means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm;
"wreck" includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada;
"writing" includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed.
R.S., 1985, c. C-46, s. 2; R.S., 1985, c. 11 (1st Supp.), s. 2, c. 27 (1st Supp.), ss. 2, 203, c. 31 (1st Supp.), s. 61, c. 1 (2nd Supp.), s. 213, c. 27 (2nd Supp.), s. 10, c. 35 (2nd Supp.), s. 34, c. 32 (4th Supp.), s. 55, c. 40 (4th Supp.), s. 2; 1990, c. 17, s. 7; 1991, c. 1, s. 28, c. 40, s. 1, c. 43, ss. 1, 9; 1992, c. 20, s. 216, c. 51, s. 32; 1993, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1.
3. Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only.
1976-77, c. 53, s. 2.
General
4. (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition "property" in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face.
(2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material:
(a) where the valuable security is one mentioned in paragraph (a) or (b) of the definition "valuable security" in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security;
(b) where the valuable security is one mentioned in paragraph (c) or (d) of the definition "valuable security" in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and
(c) where the valuable security is one mentioned in paragraph (e) of the definition "valuable security" in section 2, the value is the amount of money that has been paid.
(3) For the purposes of this Act,
(a) a person has anything in possession when he has it in his personal possession or knowingly
(i) has it in the actual possession or custody of another person, or
(ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
(b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
Expressions taken from other Acts
(4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act.
(5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted.
Proof of notifications and service of documents
(6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved
(a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or
(b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath.
(7) Notwithstanding subsection (6), the court may require the person who appears to have signed an affidavit, solemn declaration or statement referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or the giving or sending of any notice.
R.S., 1985, c. C-46, s. 4; R.S., 1985, c. 27 (1st Supp.), s. 3; 1994, c. 44, s. 3; 1997, c. 18, s. 2.
5. Nothing in this Act affects any law relating to the government of the Canadian Forces.
R.S., c. C-34, s. 4.
6. (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,
(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and
(b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.
(2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada.
(3) In this section, "enactment" means
(a) an Act of Parliament, or
(b) an Act of the legislature of a province that creates an offence to which Part XXVII applies,
or any regulation made thereunder.
R.S., 1985, c. C-46, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10.
Offences committed on aircraft
7. (1) Notwithstanding anything in this Act or any other Act, every one who
(a) on or in respect of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, or
(b) on any aircraft, while the aircraft is in flight if the flight terminated in Canada,
commits an act or omission in or outside Canada that if committed in Canada would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
(2) Notwithstanding this Act or any other Act, every one who
(a) on an aircraft, while the aircraft is in flight, commits an act or omission outside Canada that if committed in Canada or on an aircraft registered in Canada under regulations made under the Aeronautics Act would be an offence against section 76 or paragraph 77(a),
(b) in relation to an aircraft in service, commits an act or omission outside Canada that if committed in Canada would be an offence against any of paragraphs 77(b), (c) or (e),
(c) in relation to an air navigation facility used in international air navigation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(d),
(d) at or in relation to an airport serving international civil aviation, commits an act or omission outside Canada that if committed in Canada would be an offence against paragraph 77(b) or (f), or
(e) commits an act or omission outside Canada that if committed in Canada would constitute a conspiracy or an attempt to commit an offence referred to in this subsection, or being an accessory after the fact or counselling in relation to such an offence,
shall be deemed to have committed that act or omission in Canada if the person is, after the commission thereof, present in Canada.
Offences against fixed platforms or international maritime navigation
(2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada if it is committed
(a) against or on board a fixed platform attached to the continental shelf of Canada;
(b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(c) by a Canadian citizen;
(d) by a person who is not a citizen of any state and who ordinarily resides in Canada;
(e) by a person who is, after the commission of the offence, present in Canada;
(f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or
(g) in an attempt to compel the Government of Canada to do or refrain from doing any act.
(2.2) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform not attached to the continental shelf of any state or against or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 78.1, shall be deemed to commit that act or omission in Canada
(a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and
(b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is
(i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or
(ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.
Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that if committed in Canada would be an offence against section 235, 236, 266, 267, 268, 269, 271, 272, 273, 279, 279.1, 280 to 283, 424 or 431 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or
(d) the act or omission is against
(i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or
(ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition "internationally protected person" in section 2.
(3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;
(c) the person who commits the act or omission
(i) is a Canadian citizen, or
(ii) is not a citizen of any state and ordinarily resides in Canada;
(d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;
(e) a person taken hostage by the act or omission is a Canadian citizen; or
(f) the person who commits the act or omission is, after the commission thereof, present in Canada.
Offences involving nuclear material
(3.2) Notwithstanding anything in this Act or any other Act, where
(a) a person, outside Canada, receives, has in his possession, uses, transfers the possession of, sends or delivers to any person, transports, alters, disposes of, disperses or abandons nuclear material and thereby
(i) causes or is likely to cause the death of, or serious bodily harm to, any person, or
(ii) causes or is likely to cause serious damage to, or destruction of, property, and
(b) the act or omission described in paragraph (a) would, if committed in Canada, be an offence against this Act,
that person shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute
(a) a conspiracy or an attempt to commit,
(b) being an accessory after the fact in relation to, or
(c) counselling in relation to,
an act or omission that is an offence by virtue of subsection (3.2) shall be deemed to commit the act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.4) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would constitute an offence against, a conspiracy or an attempt to commit or being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against,
(a) section 334, 341, 344 or 380 or paragraph 362(1)(a) in relation to nuclear material,
(b) section 346 in respect of a threat to commit an offence against section 334 or 344 in relation to nuclear material,
(c) section 423 in relation to a demand for nuclear material, or
(d) paragraph 264.1(1)(a) or (b) in respect of a threat to use nuclear material
shall be deemed to commit that act or omission in Canada if paragraph (3.5)(a), (b) or (c) applies in respect of the act or omission.
(3.5) For the purposes of subsections (3.2) to (3.4), a person shall be deemed to commit an act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations; or
(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada.
Definition of "nuclear material"
(3.6) For the purposes of this section, "nuclear material" means
(a) plutonium, except plutonium with an isotopic concentration of plutonium-238 exceeding eighty per cent,
(b) uranium-233,
(c) uranium containing uranium-233 or uranium-235 or both in such an amount that the abundance ratio of the sum of those isotopes to the isotope uranium-238 is greater than 0.72 per cent,
(d) uranium with an isotopic concentration equal to that occurring in nature, and
(e) any substance containing anything described in paragraphs (a) to (d),
but does not include uranium in the form of ore or ore-residue.
(3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 shall be deemed to commit that act or omission in Canada if
(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
(b) the act or omission is committed on an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
(c) the person who commits the act or omission is a Canadian citizen;
(d) the complainant is a Canadian citizen; or
(e) the person who commits the act or omission is, after the commission thereof, present in Canada.
Jurisdiction: war crimes and crimes against humanity
(3.71) Notwithstanding anything in this Act or any other Act, every person who, either before or after the coming into force of this subsection, commits an act or omission outside Canada that constitutes a war crime or a crime against humanity and that, if committed in Canada, would constitute an offence against the laws of Canada in force at the time of the act or omission shall be deemed to commit that act or omission in Canada at that time if,
(a) at the time of the act or omission,
(i) that person is a Canadian citizen or is employed by Canada in a civilian or military capacity,
(ii) that person is a citizen of, or is employed in a civilian or military capacity by, a state that is engaged in an armed conflict against Canada, or
(iii) the victim of the act or omission is a Canadian citizen or a citizen of a state that is allied with Canada in an armed conflict; or
(b) at the time of the act or omission, Canada could, in conformity with international law, exercise jurisdiction over the person with respect to the act or omission on the basis of the person's presence in Canada and, subsequent to the time of the act or omission, the person is present in Canada.
(3.72) Any proceedings with respect to an act or omission referred to in subsection (3.71) shall be conducted in accordance with the laws of evidence and procedure in force at the time of the proceedings.
(3.73) In any proceedings with respect to an act or omission referred to in subsection (3.71), notwithstanding that the act or omission is an offence under the laws of Canada in force at the time of the act or omission, the accused may, subject to subsection 607(6), rely on any justification, excuse or defence available under the laws of Canada or under international law at that time or at the time of the proceedings.
(3.74) Notwithstanding subsection (3.73) and section 15, a person may be convicted of an offence in respect of an act or omission referred to in subsection (3.71) even if the act or omission is committed in obedience to or in conformity with the law in force at the time and in the place of its commission.
(3.75) Notwithstanding any other provision of this Act, no proceedings may be commenced with respect to an act or omission referred to in subsection (3.71) without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and such proceedings may only be conducted by the Attorney General of Canada or counsel acting on his behalf.
(3.76) For the purposes of this section,
"conventional international law" «droit international conventionnel»
"conventional international law" means
(a) any convention, treaty or other international agreement that is in force and to which Canada is a party, or
(b) any convention, treaty or other international agreement that is in force and the provisions of which Canada has agreed to accept and apply in an armed conflict in which it is involved;
"crime against humanity" «crime contre l'humanité»
"crime against humanity" means murder, extermination, enslavement, deportation, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group of persons, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission, and that, at that time and in that place, constitutes a contravention of customary international law or conventional international law or is criminal according to the general principles of law recognized by the community of nations;
"war crime" means an act or omission that is committed during an international armed conflict, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission, and that, at that time and in that place, constitutes a contravention of the customary international law or conventional international law applicable in international armed conflicts.
(3.77) In the definitions "crime against humanity" and "war crime" in subsection (3.76), "act or omission" includes, for greater certainty, attempting or conspiring to commit, counselling any person to commit, aiding or abetting any person in the commission of, or being an accessory after the fact in relation to, an act or omission.
Offences by Public Service employees
(4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.