Canada has passed a new criminal offence of coercive or controlling conduct toward an intimate partner, but it is not in force yet. The offence is section 264.01 of the Criminal Code, created by Bill C-16, the Protecting Victims Act , which received royal assent on June 18, 2026. Under the Act, the offence comes into force on June 18, 2028, or on an earlier date if the federal government sets one by order. The Department of Justice says the delay is meant to allow for training. Once it is in force, a pattern of controlling behaviour in a relationship can be prosecuted on its own, even where no single act would have been a crime.
Most of Bill C-16 came into force on July 18, 2026, the 30th day after royal assent. The coercive control offence was set apart. Section 205(2) of the Act brings it into force on the second anniversary of royal assent, June 18, 2028, or on an earlier day fixed by order of the Governor in Council. The Department of Justice describes the delay as time to develop and implement training. As of November 10, 2026, section 264.01 does not yet appear in the official consolidated Criminal Code .
Timing matters for anyone accused. Section 11(g) of the Charter protects a person from being found guilty of an act that was not an offence at the time it was committed.
The offence has two parts. The first is a pattern of conduct. The second is the accused's state of mind. Under section 264.01(1), the accused must have engaged in the pattern either intending to cause their intimate partner to believe their safety is threatened, or knowing that it would have that effect, or being reckless about whether it would. The section states that safety includes psychological safety.
A "pattern" means any combination, or repeated instances, of the acts listed in section 264.01(2). Those acts fall into three groups.
Using, attempting or threatening violence against the partner, against a child of the partner or a child in their care, against anyone else the partner knows, or against an animal the partner knows.
Coercing or attempting to coerce the partner into sexual activity.
Any other conduct counts if, in all the circumstances, it could reasonably be expected to cause the partner to believe their safety, or the safety of someone they know, is threatened. The section gives examples:
In deciding whether conduct in this third group meets the test, the court looks at the nature of the relationship, including whether the partner was in a position of vulnerability and whether the accused targeted those vulnerabilities (section 264.01(3)).
The Criminal Code defines an intimate partner as a person's current or former spouse, common-law partner or dating partner ( section 2 ). The new offence does not cover other family relationships, such as parents and adult children. The Act requires a parliamentary review of section 264.01 five years after royal assent, and that review is to consider extending it to other relationships.
Coercive control is a hybrid offence. If the Crown proceeds by indictment, the maximum sentence is 10 years. It can also be prosecuted by summary conviction.
Two related changes from Bill C-16 are already in force. Section 264(6), the criminal harassment section, now states that a person's safety includes their psychological safety. And under section 231(5.1), a murder committed while engaging in, or after having engaged in, a pattern of coercive or controlling conduct toward an intimate partner is first degree murder, whether or not it was planned.
Until section 264.01 comes into force, controlling behaviour is prosecuted through existing offences when the conduct fits them, for example criminal harassment (section 264), uttering threats, assault or mischief. If you are facing an allegation like this now, our article on first-time criminal harassment charges in Ontario explains how that offence works.
A case built on a pattern of conduct can rely on messages, bank records and accounts from friends or family that cover a long period. If you are accused, keep your own records, do not contact the complainant if a release condition says not to, and speak to a domestic assault lawyer before you give any statement to police.
Allegations involving a partner can affect where you live, your contact with your children and your job through release conditions set at the start of the case. Mass Tsang LLP has practised criminal, quasi-criminal and traffic defence exclusively since 2013. We can explain which charges apply today, what the new offence will mean once it starts, and how to protect your position. Contact us for a free, confidential consultation.
Not yet as a stand-alone offence. Section 264.01 was passed in Bill C-16 and received royal assent on June 18, 2026, but it comes into force on June 18, 2028 or on an earlier date set by the federal government. Until then, existing offences such as criminal harassment can apply.
Up to 10 years in prison if the Crown proceeds by indictment. The Crown can also proceed by summary conviction, which carries lower maximum penalties.
No. Violence and threats are one group of listed acts, but conduct such as monitoring a partner's location, controlling their finances or isolating them from their community can also form the pattern if it could reasonably be expected to make the partner fear for their safety, including their psychological safety.
Yes. The Criminal Code's definition of intimate partner includes a current or former spouse, common-law partner or dating partner.
Section 11(g) of the Charter protects against being found guilty of conduct that was not an offence when it happened. Conduct before the coming-into-force date may still be relevant to other charges that existed at the time. A lawyer can assess how timing affects a specific allegation.
The offence requires a pattern, which the Act defines as any combination, or repeated instances, of the listed acts. A single incident may still support a different charge, such as assault or uttering threats.
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Legally Reviewed by
Jeff Mass
| Updated: November 11, 2026
