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INTERPRETATION


2. (1) Definitions - 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;
 
                
 
  "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" 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;
 
                
 
  "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;
 
                
 
  "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;
 
                
 
  "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;
 
                
 
  "superior court of criminal jurisdiction" means
 
 (a)
in the Province of Ontario, the Court of Appeal or the Superior Court of Justice,
 
 (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,
 
 (g)
in the Northwest Territories, the Supreme Court, and
 
 (h)
in Nunavut, the Nunavut Court of Justice;
 
                
 
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. 28, s. 78, c. 34, s. 59; 1994, c. 44, s. 2; 1995, c. 29, ss. 39, 40, c. 39, s. 138; 1997, c. 23, s. 1; 1998, c. 30, s. 14; 1999, c. 3, s. 25, c. 5, s. 1, c. 25, s. 1(Preamble), c. 28, s. 155; 2000, c. 12, s. 91, c. 25, s. 1(F); 2001, c. 41, s. 2.
 
                
 
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