Protecting Canada's Essential Infrastructure Metals Act

Bill C-271 changes the Criminal Code to target theft and resale of scrap metal, and to protect infrastructure from damage related to metal theft. It creates a new offence for trafficking in, or possessing for the purpose of trafficking, scrap metal that a person knows was obtained through crime. "Scrap metal" is defined as copper, aluminum, brass, bronze, steel, iron, or alloys of these metals that have been dismantled or prepared for recycling or resale. Penalties range up to 10 years in prison for indictable offences, or lesser fines and jail time if prosecuted summarily, with higher maximum fines for repeat offenders.

The bill also creates a separate, lower-threshold offence specifically for scrap metal dealers: a dealer who trades in or possesses stolen scrap metal while being reckless or "wilfully blind" about its criminal origin (i.e., not necessarily having certain knowledge) can be convicted of a summary offence, with fines up to $10,000 and up to two years less a day in jail. When sentencing anyone convicted of the trafficking offence, courts must treat it as an aggravating factor if the metal came from public or private infrastructure such as power, telecom, rail, pipeline, water, or safety systems.

Separately, the bill adds a new form of "mischief" offence for damaging a physical part of essential infrastructure (as already defined elsewhere in the Code) if the person knew, or was reckless about whether, the infrastructure could not function properly without that part. This carries similar penalties—up to 10 years for an indictable offence, or lesser summary penalties. Courts sentencing this offence must treat it as aggravating if the mischief interrupted essential services, endangered public safety, or was done to help commit or hide another crime, such as theft or trafficking of stolen property.

This bill amends the Criminal Code to create new offences for trafficking in criminally-obtained scrap metal and for committing mischief against essential infrastructure, with penalties and sentencing rules enforced through the existing courts and police.

• New offences created — trafficking in or possessing scrap metal (copper, aluminum, brass, bronze, steel, iron, or their alloys) known to be derived from crime (section 355.6); scrap dealers trading in scrap metal while reckless or wilfully blind to its criminal origin (section 355.9); and mischief against a physical component of "essential infrastructure" where the person knows or is reckless as to whether the infrastructure cannot function without that component (subsection 430(4.3)).
• Who enforces this — police and Crown prosecutors under the existing criminal justice system; no new agency, office, or regulator is created.
• Penalties — for scrap metal trafficking, up to $25,000 and 10 years imprisonment for a second or subsequent indictable offence, or lesser summary-conviction fines/imprisonment; for scrap dealers, up to $10,000 or two years less a day; for infrastructure mischief, up to 10 years imprisonment or a $10,000 fine on indictment.
• Sentencing discretion — courts are directed to treat certain facts as aggravating circumstances (e.g., metal taken from public/private infrastructure such as electrical, telecom, rail, pipeline, water systems; mischief that interrupted essential services, endangered public safety, or facilitated another offence), but the court retains discretion in weighing these factors and setting the final sentence within the stated ranges.
• Definitions fixed in the bill — "traffic" and "scrap metal" are defined directly in the Criminal Code text, leaving no room for future regulation to alter their scope; "essential infrastructure" for the mischief offence is defined by cross-reference to existing subsection 52.1(2) of the Code.
• Oversight — no reporting requirement, review clause, or sunset provision is included; the offences and penalties, once enacted, remain in force unless Parliament amends them again.