Order Amending the Schedule to the Expungement of Historically Unjust Convictions Act: SOR/2023-30

Canada Gazette, Part II, Volume 157, Number 5

Registration
SOR/2023-30 February 17, 2023

EXPUNGEMENT OF HISTORICALLY UNJUST CONVICTIONS ACT

P.C. 2023-171 February 16, 2023

Whereas the activities listed in the schedule to the Expungement of Historically Unjust Convictions Act ^{footnote a} no longer constitute offences under an Act of Parliament and the Governor in Council is of the opinion that the criminalization of the activities constitutes historical injustices;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 23 of the Expungement of Historically Unjust Convictions Act ^{footnote a}, makes the annexed Order Amending the Schedule to the Expungement of Historically Unjust Convictions Act.

Order Amending the Schedule to the Expungement of Historically Unjust Convictions Act

Amendment

1 The schedule to the Expungement of Historically Unjust Convictions Act ^{footnote a} is amended by adding the following after item 6:

• 7 the offences relating to a common bawdy-house under any of the following:
  • a) section 198 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) section 228 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 2 of chapter 9 of the Statutes of Canada, 1909;
  • c) sections 228 and 229 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) section 182 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) section 193 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) section 210 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 8 the offences relating to a common bawdy-house under any of the following:
  • a) section 183 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • b) section 194 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • c) section 211 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 9 the offence of doing an indecent act under any of the following:
  • a) section 177 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) section 205 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • c) section 205 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) section 158 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) section 169 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) section 173 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985;
  • g) subsection 173(1) of the Criminal Code, as amended by section 7 of Chapter 19 of the 3rd Supplement to the Revised Statutes of Canada, 1985, section 54 of chapter 6 of the Statutes of Canada, 2008, section 2 of chapter 17 of the Statutes of Canada, 2010 and section 23 of Chapter 1 of the Statutes of Canada, 2012.
• 10 the offence of publicly exhibiting a disgusting object or an indecent show under any of the following:
  • a) paragraph 179(b) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) paragraph 207(b) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • c) paragraph 207(b) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) paragraph 150(2)(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) paragraph 159(2)(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) paragraph 163(2)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 11 the offence of openly exposing or exhibiting an indecent exhibition in a public place under any of the following :
  • a) paragraph 160(b) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • b) paragraph 171(b) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970, and as amended by section 9 of chapter 93 of the Statutes of Canada, 1974-75-76;
  • c) paragraph 175(1)(b) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 12 the offences relating to an immoral, indecent or obscene play, opera, concert, acrobatic, variety or vaudeville performance, performance, entertainment or representation in a theatre under any of the following:
  • a) section 208 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • b) section 208 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • c) section 152 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • d) section 163 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • e) section 167 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 13 the offences relating to nudity under any of the following:
  • a) section 159 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • b) section 170 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • c) section 174 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 14 the offence of procuring a miscarriage of a woman or female person under any of the following:
  • a) section 272 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) section 303 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • c) section 303 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) subsection 237(1) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) subsection 251(1) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) subsection 287(1) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 15 the offence of a pregnant woman or female person procuring her own miscarriage under any of the following:
  • a) section 273 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) section 304 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • c) section 304 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) subsection 237(2) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) subsection 251(2) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) subsection 287(2) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 16 the offences relating to a means or method for preventing conception or causing an abortion or miscarriage under any of the following:
  • a) paragraph 179(c) of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) paragraph 207(c) of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906, and as amended by section 8 of chapter 13 of the Statutes of Canada, 1913 ;
  • c) paragraph 207(c) of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) paragraph 150(2)(c) of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) paragraph 159(2)(c) of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) paragraph 163(2)(c) of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 17 the offence of supplying or procuring any drug or other noxious thing, instrument or thing, to procure a miscarriage of a woman or a female person under any of the following:
  • a) section 274 of The Criminal Code, as enacted by chapter 29 of the Statutes of Canada, 1892;
  • b) section 305 of the Criminal Code, as enacted by chapter 146 of the Revised Statutes of Canada, 1906;
  • c) section 305 of the Criminal Code, as enacted by chapter 36 of the Revised Statutes of Canada, 1927;
  • d) section 238 of the Criminal Code, as enacted by chapter 51 of the Statutes of Canada, 1953-54;
  • e) section 252 of the Criminal Code, as enacted by chapter C-34 of the Revised Statutes of Canada, 1970;
  • f) section 288 of the Criminal Code, as enacted by chapter C-46 of the Revised Statutes of Canada, 1985.
• 18 an offence under the National Defence Act or any previous version of that Act for an act or omission that constitutes an offence listed in items 7 to 17.

Coming into Force

2 This Order comes into force on the day on which it is registered.

N.B. The Regulatory Impact Analysis Statement for this Order appears following SOR/2023-29, Order Establishing Criteria Related to Certain Offences Listed in the Schedule to the Expungement of Historically Unjust Convictions Act.