C-305 1 42 64-65-66 Elizabeth II 2015-2016-2017

An Act to amend the Criminal Code (mischief)

An Act to amend the Criminal Code (mischief)

An Act to amend the Criminal Code (mischief) 2017 12 12 23 2017 421289

SUMMARY

This enactment amends the Criminal Code to add to the offence of mischief relating to religious property the act of mischief in relation to property that is used for educational purposes, for administrative, social, cultural or sports activities or events or as a residence for seniors.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-46

Criminal Code

(1) The portion of subsection 430(4.1) of the Criminal Code before paragraph (

a) is replaced by the following:

Mischief relating to religious property, educational institutions, etc.

(4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(

a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour, national or ethnic origin, age, sex, sexual orientation or mental or physical disability,

(2) Section 430 of the Act is amended by adding the following after subsection (4.1):

Definition of property

(4.101) For the purposes of subsection (4.1), property means

(

a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;

(

b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;

(

c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or

(

d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.

Coordinating Amendment

Bill C-16

If Bill C-16, introduced in the 1st session of the 42nd Parliament and entitled

An Act to amend the Canadian Human Rights Act and the Criminal Code , receives royal assent, then, on the first day on which both

section 3 of that Act and

section 1 of this Act are in force, the portion of subsection 430(4.1) of the Criminal Code before paragraph (

a) is replaced by the following:

Mischief relating to religious property, educational institutions, etc.

(4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(

a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,