Order Fixing the Day on which this Order is registered as the Day on which Part 3 of the Act Comes into Force

 
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Canada Gazette

Part Ⅱ

OTTAWA, FRIDAY, JULY 17, 2015

Registration

SI/2015-67 July 17, 2015

ZERO TOLERANCE FOR BARBARIC CULTURAL PRACTICES ACT

Order Fixing the Day on which this Order is registered as the Day on which Part 3 of the Act Comes into Force P.C. 2015-1073 July 16, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 16 of the Zero Tolerance for Barbaric Cultural Practices Act, chapter 29 of the Statutes of Canada, 2015, fixes the day on which this Order is registered as the day on which Part 3 of that Act comes into force.

EXPLANATORY NOTE (This note is not part of the Order.)

Proposal This Order stipulates that Part 3 of the Zero Tolerance for Barbaric Cultural Practices Act, assented to on June 18, 2015, will come into force upon registration.

The Zero Tolerance for Barbaric Cultural Practices Act (the Act), formerly known as Bill S-7, contains the following three parts.

Part 1 contains amendments to the Immigration and Refugee Protection Act that will add practising polygamy as a new ground for inadmissibility. As regulations are required to support the enforcement of this new inadmissibility, Part 1 of the Act will come into force at a later date.

Part 2 contains amendments to the Civil Marriage Act that codifies the requirements for free and informed consent and the dissolution of any previous marriage; and introduces a new national absolute minimum age of 16 for marriage (which came into force upon royal assent).

Part 3 contains amendments to the Criminal Code that

clarifies that it is an offence for a lawfully authorized officiant to knowingly solemnize a marriage in contravention of federal law (which includes a forced or underage marriage as per the amendments to the Civil Marriage Act); introduces two new offences related to celebrating (e.g. solemnizing with or without legal authority), aiding or participating (e.g. taking an active role to ensure the marriage occurs) in a marriage ceremony knowing that at least one of the parties being married is either doing so against his or her will (section 293.1) or is under the age of 16 years (section 293.2). Both are indictable offences that carry a maximum term of imprisonment of five years; provides that it is an offence to remove a child from Canada with the intention that an act be committed outside Canada that, if it were committed in Canada, would constitute an offence of forced or underage marriage; introduces a new...

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