PART II.1TERRORISM

Interpretation

Marginal note:Definitions

• 83.01 (1) The following definitions apply in this Part.

  “Canadian”

  « Canadien »

  “Canadian” means a Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration Act, or a body corporate incorporated or continued under the laws of Canada or a province.

  “entity”

  « entité »

  “entity” means a person, group, trust, partnership or fund or an unincorporated association or organization.

  “listed entity”

  « entité inscrite »

  “listed entity” means an entity on a list established by the Governor in Council under section 83.05.

  “terrorist activity”

  « activité terroriste »

  “terrorist activity” means

  • (a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:

    • (i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970,

    • (ii) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971,

    • (iii) the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973,

    • (iv) the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979,

    • (v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material, done at Vienna and New York on March 3, 1980,

    • (vi) the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988,

    • (vii) the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988,

    • (viii) the offences referred to in subsection 7(2.1) or (2.2) that implement the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988,

    • (ix) the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997, and

    • (x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999, or

  • (b) an act or omission, in or outside Canada,

    • (i) that is committed

      • (A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

      • (B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

    • (ii) that intentionally

      • (A) causes death or serious bodily harm to a person by the use of violence,

      • (B) endangers a person’s life,

      • (C) causes a serious risk to the health or safety of the public or any segment of the public,

      • (D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

      • (E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

    and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

  “terrorist group”

  « groupe terroriste »

  “terrorist group” means

  • (a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

  • (b) a listed entity,

  and includes an association of such entities.

• Marginal note:For greater certainty

  (1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition “terrorist activity” in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.

• Marginal note:Facilitation

  (2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

Financing of Terrorism

Marginal note:Providing or collecting property for certain activities

83.02 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

• (a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of “terrorist activity” in subsection 83.01(1), or

• (b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Marginal note:Providing, making available, etc., property or services for terrorist purposes

83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

• (a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

• (b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Marginal note:Using or possessing property for terrorist purposes

83.04 Every one who

• (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or

• (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

List of Entities

Marginal note:Establishment of list

• 83.05 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Solicitor General of Canada, the Governor in Council is satisfied that there are reasonable grounds to believe that

  • (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or

  • (b) the entity is knowingly acting on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

• Marginal note:Recommendation

  (1.1) The Solicitor General may make a recommendation referred to in subsection (1) only if the Solicitor General has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).

• Marginal note:Application to Solicitor General

  (2) On application in writing by a listed entity, the Solicitor General shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.

• Marginal note:Deeming

  (3) If the Solicitor General does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, the Solicitor General is deemed to have decided to recommend that the applicant remain a listed entity.

• Marginal note:Notice of the decision to the applicant

  (4) The Solicitor General must give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

• Marginal note:Judicial review

  (5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

• Marginal note:Reference

  (6) When an application is made under subsection (5), the judge shall, without delay

  • (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Solicitor General and may, at the request of the Solicitor General, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

  • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

  • (c) provide the applicant with a reasonable opportunity to be heard; and

  • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.

• Marginal note:Evidence

  (6.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

• Marginal note:Publication

  (7) The Solicitor General shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

• Marginal note:New application

  (8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Solicitor General has completed the review under subsection (9).

• Marginal note:Review of list

  (9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Solicitor General shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list.

• Marginal note:Completion of review

  (10) The Solicitor General shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, the Solicitor General shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.

• Definition of “judge”

  (11) In this section, “judge” means the Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Chief Justice.

Marginal note:Admission of foreign information obtained in confidence

• 83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

  • (a) the Solicitor General of Canada may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

  • (b) the judge shall examine the information and provide counsel representing the Solicitor General with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

• Marginal note:Return of information

  (2) The information shall be returned to counsel representing the Solicitor General and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if

  • (a) the judge determines that the information is not relevant;

  • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or

  • (c) the Solicitor General withdraws the application.

• Marginal note:Use of information

  (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.

Marginal note:Mistaken identity

• 83.07 (1) An entity claiming not to be a listed entity may apply to the Solicitor General of Canada for a certificate stating that it is not a listed entity.

• Marginal note:Issuance of certificate

  (2) The Solicitor General shall, within 15 days after receiving the application, issue a certificate if satisfied that the applicant is not a listed entity.

Freezing of Property

Marginal note:Freezing of property

• 83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly

  • (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;

  • (b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or

  • (c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group.

• Marginal note:No civil liability

  (2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.

Marginal note:Exemptions

• 83.09 (1) The Solicitor General of Canada or a person designated by the Solicitor General may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions.

• Marginal note:Ministerial authorization

  (2) The Solicitor General or a person designated by the Solicitor General may make the authorization subject to any terms and conditions that are required in their opinion, and may amend, suspend, revoke or reinstate it.

• Marginal note:Existing equities maintained

  (3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen.

• Marginal note:Third party involvement

  (4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

Marginal note:Disclosure

• 83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose forthwith to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

  • (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and

  • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

• Marginal note:Immunity

  (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

Marginal note:Audit

• 83.11 (1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity:

  • (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

  • (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

  • (c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

  • (c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act;

  • (c.2) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

  • (d) companies to which the Trust and Loan Companies Act applies;

  • (e) trust companies regulated by a provincial Act;

  • (f) loan companies regulated by a provincial Act; and

  • (g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

• Marginal note:Monthly report

  (2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either

  • (a) that it is not in possession or control of any property referred to in subsection (1), or

  • (b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.

• Marginal note:Immunity

  (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

  • (b) specifying a period for the purposes of subsection (2).

Marginal note:Offences — freezing of property, disclosure or audit

• 83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

  • (b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

• Marginal note:No contravention

  (2) No person contravenes section 83.1 if they make the disclosure referred to in that section only to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service.

Seizure and Restraint of Property

Marginal note:Seizure and restraint of assets

• 83.13 (1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue

  • (a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or

  • (b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

• Marginal note:Contents of application

  (1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

• Marginal note:Appointment of manager

  (2) On an application under subsection (1), at the request of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

  • (a) appoint a person to take control of, and to manage or otherwise deal with, all or part of the property in accordance with the directions of the judge; and

  • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

• Marginal note:Appointment of Minister of Public Works and Government Services

  (3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.

• Marginal note:Power to manage

  (4) The power to manage or otherwise deal with property under subsection (2) includes

  • (a) in the case of perishable or rapidly depreciating property, the power to sell that property; and

  • (b) in the case of property that has little or no value, the power to destroy that property.

• Marginal note:Application for destruction order

  (5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)(b), he or she shall apply to a judge of the Federal Court for a destruction order.

• Marginal note:Notice

  (6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.

• Marginal note:Manner of giving notice

  (7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.

• Marginal note:Order

  (8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.

• Marginal note:When management order ceases to have effect

  (9) A management order ceases to have effect when the property that is the subject of the management order is returned to an applicant in accordance with the law or forfeited to Her Majesty.

• Marginal note:Application to vary

  (10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).

• Marginal note:Procedure

  (11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsections 487(3) and (4) and section 488 apply, with such modifications as the circumstances require, to a warrant issued under paragraph (1)(a).

• Marginal note:Procedure

  (12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b).

Forfeiture of Property

Marginal note:Application for order of forfeiture

• 83.14 (1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of

  • (a) property owned or controlled by or on behalf of a terrorist group; or

  • (b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

• Marginal note:Contents of application

  (2) An affidavit in support of an application by the Attorney General under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

• Marginal note:Respondents

  (3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

• Marginal note:Notice

  (4) The Attorney General shall give notice of an application under subsection (1) to named respondents in such a manner as the judge directs or as provided in the rules of the Federal Court.

• Marginal note:Granting of forfeiture order

  (5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

• Marginal note:Use of proceeds

  (5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

• Marginal note:Regulations

  (5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.

• Marginal note:Order refusing forfeiture

  (6) Where a judge refuses an application under subsection (1) in respect of any property, the judge shall make an order that describes the property and declares that it is not property referred to in that subsection.

• Marginal note:Notice

  (7) On an application under subsection (1), a judge may require notice to be given to any person who, in the opinion of the Court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

• Marginal note:Third party interests

  (8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.

• Marginal note:Dwelling-house

  (9) Where all or part of property that is the subject of an application under subsection (1) is a dwelling-house, the judge shall also consider

  • (a) the impact of an order of forfeiture on any member of the immediate family of the person who owns or controls the dwelling-house, if the dwelling-house was the member’s principal residence at the time the dwelling-house was ordered restrained or at the time the forfeiture application was made and continues to be the member’s principal residence; and

  • (b) whether the member appears innocent of any complicity or collusion in the terrorist activity.

• Marginal note:Motion to vary or set aside

  (10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

• Marginal note:No extension of time

  (11) The Court may not extend the period set out in subsection (10).

Marginal note:Disposition of property

83.15 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

Marginal note:Interim preservation rights

• 83.16 (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity.

• Marginal note:Appeal of refusal to grant order

  (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

Marginal note:Other forfeiture provisions unaffected

• 83.17 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

• Marginal note:Priority for restitution to victims of crime

  (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

Participating, Facilitating, Instructing and Harbouring

Marginal note:Participation in activity of terrorist group

• 83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) a terrorist group actually facilitates or carries out a terrorist activity;

  • (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

• Marginal note:Meaning of participating or contributing

  (3) Participating in or contributing to an activity of a terrorist group includes

  • (a) providing, receiving or recruiting a person to receive training;

  • (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

  • (c) recruiting a person in order to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

  • (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

  • (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

    • (i) a terrorism offence, or

    • (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

• Marginal note:Factors

  (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

  • (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

  • (b) frequently associates with any of the persons who constitute the terrorist group;

  • (c) receives any benefit from the terrorist group; or

  • (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

Marginal note:Facilitating terrorist activity

• 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

• Marginal note:Facilitation

  (2) For the purposes of this Part, a terrorist activity is facilitated whether or not

  • (a) the facilitator knows that a particular terrorist activity is facilitated;

  • (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

  • (c) any terrorist activity was actually carried out.

Marginal note:Commission of offence for terrorist group

83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

Marginal note:Instructing to carry out activity for terrorist group

• 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the activity that the accused instructs to be carried out is actually carried out;

  • (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a);

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a);

  • (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

  • (e) a terrorist group actually facilitates or carries out a terrorist activity;

  • (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

  • (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Marginal note:Instructing to carry out terrorist activity

• 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Prosecution

  (2) An offence may be committed under subsection (1) whether or not

  • (a) the terrorist activity is actually carried out;

  • (b) the accused instructs a particular person to carry out the terrorist activity;

  • (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

  • (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

Marginal note:Harbouring or concealing

83.23 Every one who knowingly harbours or conceals any person whom he or she knows to be a person who has carried out or is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Proceedings and Aggravated Punishment

Marginal note:Attorney General’s consent

83.24 Proceedings in respect of a terrorism offence or an offence under section 83.12 shall not be commenced without the consent of the Attorney General.

Marginal note:Jurisdiction

• 83.25 (1) Where a person is alleged to have committed a terrorism offence or an offence under section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

• Marginal note:Trial and punishment

  (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

Marginal note:Sentences to be served consecutively

83.26 A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

• (a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

Marginal note:Punishment for terrorist activity

• 83.27 (1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

• Marginal note:Offender must be notified

  (2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.

Investigative Hearing

Definition of “judge”

• 83.28 (1) In this section and section 83.29, “judge” means a provincial court judge or a judge of a superior court of criminal jurisdiction.

• Marginal note:Order for gathering evidence

  (2) Subject to subsection (3), a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.

• Marginal note:Attorney General’s consent

  (3) A peace officer may make an application under subsection (2) only if the prior consent of the Attorney General was obtained.

• Marginal note:Making of order

  (4) A judge to whom an application is made under subsection (2) may make an order for the gathering of information if the judge is satisfied that the consent of the Attorney General was obtained as required by subsection (3) and

  • (a) that there are reasonable grounds to believe that

    • (i) a terrorism offence has been committed, and

    • (ii) information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order; or

  • (b) that

    • (i) there are reasonable grounds to believe that a terrorism offence will be committed,

    • (ii) there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence referred to in that subparagraph, and

    • (iii) reasonable attempts have been made to obtain the information referred to in subparagraph (ii) from the person referred to in that subparagraph.

• Marginal note:Contents of order

  (5) An order made under subsection (4) may

  • (a) order the examination, on oath or not, of a person named in the order;

  • (b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph (d), as the case may be, for the examination and to remain in attendance until excused by the presiding judge;

  • (c) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;

  • (d) designate another judge as the judge before whom the examination is to take place; and

  • (e) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.

• Marginal note:Execution of order

  (6) An order made under subsection (4) may be executed anywhere in Canada.

• Marginal note:Variation of order

  (7) The judge who made the order under subsection (4), or another judge of the same court, may vary its terms and conditions.

• Marginal note:Obligation to answer questions and produce things

  (8) A person named in an order made under subsection (4) shall answer questions put to the person by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to non-disclosure of information or to privilege.

• Marginal note:Judge to rule

  (9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.

• Marginal note:No person excused from complying with subsection (8)

  (10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate the person or subject the person to any proceeding or penalty, but

  • (a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136; and

  • (b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under section 132 or 136.

• Marginal note:Right to counsel

  (11) A person has the right to retain and instruct counsel at any stage of the proceedings.

• Marginal note:Order for custody of thing

  (12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, shall order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.

Marginal note:Arrest warrant

• 83.29 (1) The judge who made the order under subsection 83.28(4), or another judge of the same court, may issue a warrant for the arrest of the person named in the order if the judge is satisfied, on an information in writing and under oath, that the person

  • (a) is evading service of the order;

  • (b) is about to abscond; or

  • (c) did not attend the examination, or did not remain in attendance, as required by the order.

• Marginal note:Execution of warrant

  (2) A warrant issued under subsection (1) may be executed at any place in Canada by any peace officer having jurisdiction in that place.

• Marginal note:Person to be brought before judge

  (3) A peace officer who arrests a person in the execution of a warrant issued under subsection (1) shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

Recognizance with Conditions

Marginal note:Attorney General’s consent required to lay information

• 83.3 (1) The consent of the Attorney General is required before a peace officer may lay an information under subsection (2).

• Marginal note:Terrorist activity

  (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

  • (a) believes on reasonable grounds that a terrorist activity will be carried out; and

  • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

• Marginal note:Appearance

  (3) A provincial court judge who receives an information under subsection (2) may cause the person to appear before the provincial court judge.

• Marginal note:Arrest without warrant

  (4) Notwithstanding subsections (2) and (3), if

  • (a) either

    • (i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or

    • (ii) an information has been laid under subsection (2) and a summons has been issued, and

  • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary in order to prevent a terrorist activity,

  the peace officer may arrest the person without warrant and cause the person to be detained in custody, to be taken before a provincial court judge in accordance with subsection (6).

• Marginal note:Duty of peace officer

  (5) If a peace officer arrests a person without warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b),

  • (a) lay an information in accordance with subsection (2); or

  • (b) release the person.

• Marginal note:When person to be taken before judge

  (6) A person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

  • (a) if a provincial court judge is available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period, and

  • (b) if a provincial court judge is not available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as possible,

  unless, at any time before the expiry of the time prescribed in paragraph (a) or (b) for taking the person before a provincial court judge, the peace officer, or an officer in charge within the meaning of Part XV, is satisfied that the person should be released from custody unconditionally, and so releases the person.

• Marginal note:How person dealt with

  (7) When a person is taken before a provincial court judge under subsection (6),

  • (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

  • (b) if an information has been laid under subsection (2),

    • (i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the detention of the person in custody is justified on one or more of the following grounds:

      • (A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

      • (B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

        • (I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

        • (II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

      • (C) any other just cause and, without limiting the generality of the foregoing, that the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

    • (ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed forty-eight hours.

• Marginal note:Hearing before judge

  (8) The provincial court judge before whom the person appears pursuant to subsection (3)

  • (a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the provincial court judge considers desirable for preventing the carrying out of a terrorist activity; and

  • (b) if the person was not released under subparagraph (7)(b)(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

• Marginal note:Refusal to enter into recognizance

  (9) The provincial court judge may commit the person to prison for a term not exceeding twelve months if the person fails or refuses to enter into the recognizance.

• Marginal note:Conditions — firearms

  (10) Before making an order under paragraph (8)(a), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.

• Marginal note:Surrender, etc.

  (11) If the provincial court judge adds a condition described in subsection (10) to a recognizance, the provincial court judge shall specify in the recognizance the manner and method by which

  • (a) the things referred to in that subsection that are in the possession of the person shall be surrendered, disposed of, detained, stored or dealt with; and

  • (b) the authorizations, licences and registration certificates held by the person shall be surrendered.

• Marginal note:Reasons

  (12) If the provincial court judge does not add a condition described in subsection (10) to a recognizance, the provincial court judge shall include in the record a statement of the reasons for not adding the condition.

• Marginal note:Variance of conditions

  (13) The provincial court judge may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.

• Marginal note:Other provisions to apply

  (14) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to proceedings under this section.

Marginal note:Annual report (sections 83.28 and 83.29)

• 83.31 (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

  • (a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

  • (b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

  • (c) the number of arrests that were made with a warrant issued under section 83.29.

• Marginal note:Annual report (section 83.3)

  (2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

  • (b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

  • (c) the number of cases where a person was not released under subsection 83.3(7) pending a hearing;

  • (d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

  • (e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

  • (f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

• Marginal note:Annual report (section 83.3)

  (3) The Solicitor General of Canada shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

  • (a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

  • (b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

    • (i) by a peace officer under paragraph 83.3(5)(b), or

    • (ii) by a judge under paragraph 83.3(7)(a).

• Marginal note:Limitation

  (4) The annual report shall not contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

  • (b) endanger the life or safety of any person;

  • (c) prejudice a legal proceeding; or

  • (d) otherwise be contrary to the public interest.

Marginal note:Sunset provision

• 83.32 (1) Sections 83.28, 83.29 and 83.3 cease to apply at the end of the fifteenth sitting day of Parliament after December 31, 2006 unless, before the end of that day, the application of those sections is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

• Marginal note:Order in Council

  (2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of the application of sections 83.28, 83.29 and 83.3 and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

• Marginal note:Rules

  (3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

• Marginal note:Subsequent extensions

  (4) The application of sections 83.28, 83.29 and 83.3 may be further extended in accordance with the procedure set out in this section, with the words “December 31, 2006” in subsection (1) read as “the expiration of the most recent extension under this section”.

• Definition of “sitting day of Parliament”

  (5) In subsection (1), “sitting day of Parliament” means a day on which both Houses of Parliament sit.

Marginal note:Transitional provision

• 83.33 (1) In the event that sections 83.28 and 83.29 cease to apply pursuant to section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to apply.

• Marginal note:Transitional provision

  (2) In the event that section 83.3 ceases to apply pursuant to section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to apply, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before section 83.3 ceased to apply.

• Marginal note:Exception for criminal organizations and terrorism offences

  (1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

  • (a) an offence under section 467.1;

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

  • (c) a terrorism offence.

• Marginal note:Exception for criminal organizations and terrorism offences

  (1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

  • (a) an offence under section 467.1;

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

  • (c) a terrorism offence.

Marginal note:Time limitation in relation to criminal organizations and terrorism offences

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

• (a) an offence under section 467.1;

• (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

• (c) a terrorism offence.

• Marginal note:Exception for criminal organizations and terrorism offences

  (5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

  • (a) an offence under section 467.1,

  • (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

  • (c) a terrorism offence,

  and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

• Marginal note:Murder during terrorist activity

  (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.

Marginal note:Warrant of seizure

• 320.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material that is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to

  • (a) give an electronic copy of the material to the court;

  • (b) ensure that the material is no longer stored on and made available through the computer system; and

  • (c) provide the information necessary to identify and locate the person who posted the material.

• Marginal note:Notice to person who posted the material

  (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

• Marginal note:Person who posted the material may appear

  (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

• Marginal note:Non-appearance

  (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

• Marginal note:Order

  (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

• Marginal note:Destruction of copy

  (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

• Marginal note:Return of material

  (7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).

• Marginal note:Other provisions to apply

  (8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

• Marginal note:When order takes effect

  (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

Marginal note:Threat against internationally protected person

424. Every one who threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Marginal note:Threat against United Nations or associated personnel

424.1 Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

• Marginal note:Mischief relating to religious property

  (4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Marginal note:Attack on premises, residence or transport of internationally protected person

431. Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Marginal note:Attack on premises, accommodation or transport of United Nations or associated personnel

431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Marginal note:Definitions

• 431.2 (1) The following definitions apply in this section.

  “explosive or other lethal device”

  « engin explosif ou autre engin meurtrier »

  “explosive or other lethal device” means

  • (a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or

  • (b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.

  “infrastructure facility”

  « infrastructure »

  “infrastructure facility” means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.

  “military forces of a state”

  « forces armées d’un État »

  “military forces of a state” means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.

  “place of public use”

  « lieu public »

  “place of public use” means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.

  “public transportation system”

  « système de transport public »

  “public transportation system” means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.

• Marginal note:Explosive or other lethal device

  (2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.

• Marginal note:Armed forces

  (3) For greater certainty, subsection (2) does not apply to an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

• (d) a terrorism offence,

• Marginal note:Offence relating to financing of terrorism

  (1.1) For the purposes of this section and sections 490.2 to 490.9, a terrorism offence is deemed to be a criminal organization offence.

• (v) evidence that the offence was a terrorism offence

• Marginal note:Power of court to delay parole

  (1.2) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

Marginal note:Breach of recognizance

811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of

• (d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.

Marginal note:Short title

1. This Act may be cited as the Security of Information Act.

Marginal note:Prejudice to the safety or interest of the State

• 3. (1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person

  • (a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;

  • (b) commits, inside or outside Canada, a terrorist activity;

  • (c) causes or aggravates an urgent and critical situation in Canada that

    • (i) endangers the lives, health or safety of Canadians, or

    • (ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;

  • (d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada;

  • (e) endangers, outside Canada, any person by reason of that person’s relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province;

  • (f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province;

  • (g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces;

  • (h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment;

  • (i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence;

  • (j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification;

  • (k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability;

  • (l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations;

  • (m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of

    • (i) toxic or poisonous chemicals or their precursors,

    • (ii) a microbial or other biological agent, or a toxin, including a disease organism,

    • (iii) radiation or radioactivity, or

    • (iv) an explosion; or

  • (n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (a) to (m).

• Marginal note:Harm to Canadian interests

  (2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(a) to (n).

Miscellaneous Offences

Marginal note:Approaching, entering, etc., a prohibited place

6. Every person commits an offence who, for any purpose prejudicial to the safety or interests of the State, approaches, inspects, passes over, is in the neighbourhood of or enters a prohibited place at the direction of, for the benefit of or in association with a foreign entity or a terrorist group.

Marginal note:Interference

7. Every person commits an offence who, in the vicinity of a prohibited place, obstructs, knowingly misleads or otherwise interferes with or impedes a peace officer or a member of Her Majesty’s forces engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place.

Special Operational Information and Persons Permanently Bound to Secrecy

Marginal note:Definitions

• 8. (1) The following definitions apply in this section and sections 9 to 15.

  “department”

  « ministère »

  “department” means a department named in Schedule I to the Financial Administration Act, a division or branch of the public service of Canada set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act.

  “government contractor”

  « partie à un contrat administratif »

  “government contractor” means a person who has entered into a contract or arrangement with Her Majesty in right of Canada, a department, board or agency of the Government of Canada or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act, and includes an employee of the person, a subcontractor of the person and an employee of the subcontractor.

  “person permanently bound to secrecy”

  « personne astreinte au secret à perpétuité »

  “person permanently bound to secrecy” means

  • (a) a current or former member or employee of a department, division, branch or office of the public service of Canada, or any of its parts, set out in the schedule; or

  • (b) a person who has been personally served with a notice issued under subsection 10(1) in respect of the person or who has been informed, in accordance with regulations made under subsection 11(2), of the issuance of such a notice in respect of the person.

  “special operational information”

  « renseignements opérationnels spéciaux »

  “special operational information” means information that the Government of Canada is taking measures to safeguard that reveals, or from which may be inferred,

  • (a) the identity of a person, agency, group, body or entity that is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;

  • (b) the nature or content of plans of the Government of Canada for military operations in respect of a potential, imminent or present armed conflict;

  • (c) the means that the Government of Canada used, uses or intends to use, or is capable of using, to covertly collect or obtain, or to decipher, assess, analyse, process, handle, report, communicate or otherwise deal with information or intelligence, including any vulnerabilities or limitations of those means;

  • (d) whether a place, person, agency, group, body or entity was, is or is intended to be the object of a covert investigation, or a covert collection of information or intelligence, by the Government of Canada;

  • (e) the identity of any person who is, has been or is intended to be covertly engaged in an information- or intelligence-collection activity or program of the Government of Canada that is covert in nature;

  • (f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or

  • (g) information or intelligence similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) that is in relation to, or received from, a foreign entity or terrorist group.

• Marginal note:Deputy head

  (2) For the purposes of subsections 10(1) and 15(5), the deputy head is

  • (a) for an individual employed in or attached or seconded to a department, the deputy head of the department;

  • (b) for an officer or a non-commissioned member of the Canadian Forces, the Chief of the Defence Staff;

  • (c) for a person who is a member of the exempt staff of a Minister responsible for a department, the deputy head of the department;

  • (d) for a government contractor in relation to a contract with

    • (i) the Department of Public Works and Government Services, the deputy head of that department or any other deputy head authorized for the purpose by the Minister of Public Works and Government Services,

    • (ii) any other department, the deputy head of that department, and

    • (iii) a Crown Corporation within the meaning of subsection 83(1) of the Financial Administration Act, the deputy head of the department of the minister responsible for the Crown Corporation; and

  • (e) for any other person, the Clerk of the Privy Council or a person authorized for the purpose by the Clerk of the Privy Council.

Marginal note:Amending schedule

9. The Governor in Council may, by order, amend the schedule by adding or deleting the name of any current or former department, division, branch or office of the public service of Canada, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to security and intelligence matters, or by modifying any name set out in the schedule.

Marginal note:Designation — persons permanently bound to secrecy

• 10. (1) The deputy head in respect of a person may, by notice in writing, designate the person to be a person permanently bound to secrecy if the deputy head is of the opinion that, by reason of the person’s office, position, duties, contract or arrangement,

  • (a) the person had, has or will have authorized access to special operational information; and

  • (b) it is in the interest of national security to designate the person.

• Marginal note:Contents

  (2) The notice must

  • (a) specify the name of the person in respect of whom it is issued;

  • (b) specify the office held, position occupied or duties performed by the person or the contract or arrangement in respect of which the person is a government contractor, as the case may be, that led to the designation; and

  • (c) state that the person named in the notice is a person permanently bound to secrecy for the purposes of sections 13 and 14.

• Marginal note:Exceptions

  (3) The following persons may not be designated as persons permanently bound to secrecy, but they continue as such if they were persons permanently bound to secrecy before becoming persons referred to in this subsection:

  • (a) the Governor General;

  • (b) the lieutenant governor of a province;

  • (c) a judge receiving a salary under the Judges Act; and

  • (d) a military judge within the meaning of subsection 2(1) of the National Defence Act.

Marginal note:Service

• 11. (1) Subject to subsection (2), a person in respect of whom a notice is issued under subsection 10(1) is a person permanently bound to secrecy as of the moment the person is personally served with the notice or informed of the notice in accordance with the regulations.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting the personal service of notices issued under subsection 10(1) and regulations respecting personal notification of the issuance of a notice under that subsection when personal service is not practical.

Marginal note:Certificate

• 12. (1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of a Minister of the Crown in right of Canada stating that a person is a person permanently bound to secrecy shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the Minister appearing to have signed it, and, in the absence of evidence to the contrary, is proof of the fact so stated.

• Marginal note:Disclosure of certificate

  (2) The certificate may be received in evidence only if the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the certificate.

Marginal note:Purported communication

• 13. (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms information that, if it were true, would be special operational information.

• Marginal note:Truthfulness of information

  (2) For the purpose of subsection (1), it is not relevant whether the information to which the offence relates is true.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years less a day.

Marginal note:Unauthorized communication of special operational information

• 14. (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms special operational information.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years.

Marginal note:Public interest defence

• 15. (1) No person is guilty of an offence under section 13 or 14 if the person establishes that he or she acted in the public interest.

• Marginal note:Acting in the public interest

  (2) Subject to subsection (4), a person acts in the public interest if

  • (a) the person acts for the purpose of disclosing an offence under an Act of Parliament that he or she reasonably believes has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions for, or on behalf of, the Government of Canada; and

  • (b) the public interest in the disclosure outweighs the public interest in non-disclosure.

• Marginal note:Paragraph (2)(a) to be considered first

  (3) In determining whether a person acts in the public interest, a judge or court shall determine whether the condition in paragraph (2)(a) is satisfied before considering paragraph (2)(b).

• Marginal note:Factors to be considered

  (4) In deciding whether the public interest in the disclosure outweighs the public interest in non-disclosure, a judge or court must consider

  • (a) whether the extent of the disclosure is no more than is reasonably necessary to disclose the alleged offence or prevent the commission or continuation of the alleged offence, as the case may be;

  • (b) the seriousness of the alleged offence;

  • (c) whether the person resorted to other reasonably accessible alternatives before making the disclosure and, in doing so, whether the person complied with any relevant guidelines, policies or laws that applied to the person;

  • (d) whether the person had reasonable grounds to believe that the disclosure would be in the public interest;

  • (e) the public interest intended to be served by the disclosure;

  • (f) the extent of the harm or risk of harm created by the disclosure; and

  • (g) the existence of exigent circumstances justifying the disclosure.

• Marginal note:Prior disclosure to authorities necessary

  (5) A judge or court may decide whether the public interest in the disclosure outweighs the public interest in non-disclosure only if the person has complied with the following:

  • (a) the person has, before communicating or confirming the information, brought his or her concern to, and provided all relevant information in his or her possession to, his or her deputy head or, if not reasonably practical in the circumstances, the Deputy Attorney General of Canada; and

  • (b) the person has, if he or she has not received a response from the deputy head or the Deputy Attorney General of Canada, as the case may be, within a reasonable time, brought his or her concern to, and provided all relevant information in the person’s possession to,

    • (i) the Security Intelligence Review Committee, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions of service for, or on behalf of, the Government of Canada, other than a person who is a member of the Communications Security Establishment, and he or she has not received a response from the Security Intelligence Review Committee within a reasonable time, or

    • (ii) the Communications Security Establishment Commissioner, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by a member of the Communications Security Establishment, in the purported performance of that person’s duties and functions of service for, or on behalf of, the Communications Security Establishment, and he or she has not received a response from the Communications Security Establishment Commissioner within a reasonable time.

• Marginal note:Exigent circumstances

  (6) Subsection (5) does not apply if the communication or confirmation of the information was necessary to avoid grievous bodily harm or death.

Communications with Foreign Entities or Terrorist Groups

Marginal note:Communicating safeguarded information

• 16. (1) Every person commits an offence who, without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if

  • (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and

  • (b) the person intends, by communicating the information, to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests or is reckless as to whether the communication of the information is likely to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests.

• Marginal note:Communicating safeguarded information

  (2) Every person commits an offence who, intentionally and without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if

  • (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and

  • (b) harm to Canadian interests results.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for life.

Marginal note:Communicating special operational information

• 17. (1) Every person commits an offence who, intentionally and without lawful authority, communicates special operational information to a foreign entity or to a terrorist group if the person believes, or is reckless as to whether, the information is special operational information.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

Marginal note:Breach of trust in respect of safeguarded information

• 18. (1) Every person with a security clearance given by the Government of Canada commits an offence who, intentionally and without lawful authority, communicates, or agrees to communicate, to a foreign entity or to a terrorist group any information that is of a type that the Government of Canada is taking measures to safeguard.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years.

Economic Espionage

Marginal note:Use of trade secret for the benefit of foreign economic entity

• 19. (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada’s economic interests, international relations or national defence or national security

  • (a) communicates a trade secret to another person, group or organization; or

  • (b) obtains, retains, alters or destroys a trade secret.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

• Marginal note:Defence

  (3) A person is not guilty of an offence under subsection (1) if the trade secret was

  • (a) obtained by independent development or by reason only of reverse engineering; or

  • (b) acquired in the course of the person’s work and is of such a character that its acquisition amounts to no more than an enhancement of that person’s personal knowledge, skill or expertise.

• Meaning of “trade secret”

  (4) For the purpose of this section, “trade secret” means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that

  • (a) is or may be used in a trade or business;

  • (b) is not generally known in that trade or business;

  • (c) has economic value from not being generally known; and

  • (d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Foreign-influenced or Terrorist-influenced Threats or Violence

Marginal note:Threats or violence

• 20. (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign entity or a terrorist group, induces or attempts to induce, by threat, accusation, menace or violence, any person to do anything or to cause anything to be done

  • (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or

  • (b) that is reasonably likely to harm Canadian interests.

• Marginal note:Application

  (2) A person commits an offence under subsection (1) whether or not the threat, accusation, menace or violence occurred in Canada.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

Harbouring or Concealing

Marginal note:Harbouring or concealing

• 21. (1) Every person commits an offence who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals a person whom he or she knows to be a person who has committed or is likely to commit an offence under this Act.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Preparatory Acts

Marginal note:Preparatory acts

• 22. (1) Every person commits an offence who, for the purpose of committing an offence under subsection 16(1) or (2), 17(1), 19(1) or 20(1), does anything that is specifically directed towards or specifically done in preparation of the commission of the offence, including

  • (a) entering Canada at the direction of or for the benefit of a foreign entity, a terrorist group or a foreign economic entity;

  • (b) obtaining, retaining or gaining access to any information;

  • (c) knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person’s willingness to commit the offence;

  • (d) at the direction of, for the benefit of or in association with a foreign entity, a terrorist group or a foreign economic entity, asking a person to commit the offence; and

  • (e) possessing any device, apparatus or software useful for concealing the content of information or for surreptitiously communicating, obtaining or retaining information.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years.

Conspiracy, Attempts, Etc.

Marginal note:Conspiracy, attempts, etc.

23. Every person commits an offence who conspires or attempts to commit, is an accessory after the fact in relation to or counsels in relation to an offence under this Act and is liable to the same punishment and to be proceeded against in the same manner as if he or she had committed the offence.

GENERAL

Marginal note:Attorney General’s consent

24. No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General.

Marginal note:Jurisdiction

25. An offence against this Act may be tried, in any place in Canada, regardless of where in Canada the offence was committed.

Marginal note:Extraterritorial application

• 26. (1) A person who commits an act or omission outside Canada that would be an offence against this Act if it were committed in Canada is deemed to have committed it in Canada if the person is

  • (a) a Canadian citizen;

  • (b) a person who owes allegiance to Her Majesty in right of Canada;

  • (c) a person who is locally engaged and who performs his or her functions in a Canadian mission outside Canada; or

  • (d) a person who, after the time the offence is alleged to have been committed, is present in Canada.

• Marginal note:Jurisdiction

  (2) If a person is deemed to have committed an act or omission in Canada, proceedings in respect of the offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of the offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Appearance of accused at trial

  (3) For greater certainty, the provisions of the Criminal Code relating to requirements that a person appear at and be present during proceedings and the exceptions to those requirements apply in respect of proceedings commenced in a territorial division under subsection (2).

• Marginal note:Person previously tried outside Canada

  (4) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and the person has been tried and dealt with outside Canada in respect of the offence in a manner such that, if the person had been tried and dealt with in Canada, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.

Marginal note:Punishment

27. Unless this Act provides otherwise, a person who commits an offence under this Act is guilty of

• (a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or

• (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 12 months or to a fine of not more than $2,000, or to both.

Marginal note:Part XII.2 of Criminal Code applicable

28. The definitions “judge” and “proceeds of crime” in section 462.3 of the Criminal Code, and sections 462.32 to 462.5 of that Act, apply with any modifications that the circumstances require in respect of proceedings for an offence under subsection 4(1), (2), (3) or (4), section 6, subsection 13(1), 14(1), 16(1) or (2), 17(1), 18(1), 19(1), 20(1), 21(1) or 22(1) or section 23.

SECURITY OF INFORMATION ACT

• 91. 

  Subsection 4(1) — wrongful communication, etc., of information
• 92. 

  Subsection 4(2) — communication of sketch, plan, model, etc.
• 93. 

  Subsection 4(3) — receiving code word, sketch, etc.
• 94. 

  Subsection 4(4) — retaining or allowing possession of document, etc.
• 95. 

  Subsection 5(1) — unauthorized use of uniforms, falsification of reports, forgery, personation and false documents
• 96. 

  Subsection 5(2) — unlawful dealing with dies, seals, etc.
• 97. 

  Section 6 — approaching, entering, etc., a prohibited place
• 98. 

  Section 7 — interference
• 99. 

  Subsection 13(1) — purported communication
• 100. 

  Subsection 14(1) — unauthorized communication of special operational information
• 101. 

  Subsection 16(1) — communicating safeguarded information
• 102. 

  Subsection 16(2) — communicating safeguarded information
• 103. 

  Subsection 17(1) — communicating special operational information
• 104. 

  Subsection 18(1) — breach of trust in respect of safeguarded information
• 105. 

  Subsection 19(1) — use of trade secret for the benefit of foreign economic entity
• 106. 

  Subsection 20(1) — threats or violence
• 107. 

  Subsection 21(1) — harbouring or concealing
• 108. 

  Subsection 22(1) — preparatory acts
• 109. 

  Section 23 — conspiracy, attempt, etc.

• (b.1) an offence against section 126.1 or 126.2 or subsection 233(1) or 240(1) of the Excise Act, section 153, 159, 163.1 or 163.2 of the Customs Act, subsection 52.1(9) of the Competition Act or subsection 4(1), (2), (3) or (4), section 6, subsection 13(1), 14(1), 16(1) or (2), 17(1), 18(1), 19(1), 20(1), 21(1) or 22(1) or section 23 of the Security of Information Act, or

Marginal note:Exclusion of public in certain cases

• 486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice, or that it is necessary to prevent injury to international relations or national defence or national security, to exclude all or any members of the public from the court room for all or part of the proceedings, he or she may so order.

• (ii) an offence under the Security of Information Act;

• Marginal note:Person making assignment and person having knowledge thereof

  (6) Any person who has made an assignment to the Minister of National Defence under this section, in respect of any covenants and agreements contained in such assignment for keeping the invention secret and otherwise in respect of all matters relating to that invention, and any other person who has knowledge of such assignment and of such covenants and agreements, shall be, for the purposes of the Security of Information Act, deemed to be persons having in their possession or control information respecting those matters that has been entrusted to them in confidence by any person holding office under Her Majesty, and the communication of any of that information by the first mentioned persons to any person other than one to whom they are authorized to communicate with, by or on behalf of the Minister of National Defence, is an offence under section 4 of the Security of Information Act.

Marginal note:Security of Information Act applicable

20. Subject to section 21, the Security of Information Act applies and shall be construed as applying in respect of a designated state as though

Marginal note:Exception

21. Section 26 of the Security of Information Act does not apply in respect of a designated state.

3. For the purposes of paragraph 18(3)(b) of the Privacy Act, the laws concerned, in relation to those files that are contained in the exempt bank referred to in section 2 that consist predominantly of personal information described in subparagraph 22(1)(a)(ii) of that Act, are the Criminal Code, the Security of Information Act, the Security Offences Act, the Royal Canadian Mounted Police Act and the Canadian Security Intelligence Service Act.

Offences under Security of Information Act

24. When a person is charged under section 130 of the National Defence Act with having committed an offence under section 6 of the Security of Information Act, the prosecutor may adduce evidence of that person’s character.

Interpretation

Definition of “official”

36.1 In sections 37 to 38.16, “official” has the same meaning as in section 118 of the Criminal Code.

Specified Public Interest

Marginal note:Objection to disclosure of information

• 37. (1) Subject to sections 38 to 38.16, a Minister of the Crown in right of Canada or other official may object to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by certifying orally or in writing to the court, person or body that the information should not be disclosed on the grounds of a specified public interest.

• Marginal note:Obligation of court, person or body

  (1.1) If an objection is made under subsection (1), the court, person or body shall ensure that the information is not disclosed other than in accordance with this Act.

• Marginal note:Objection made to superior court

  (2) If an objection to the disclosure of information is made before a superior court, that court may determine the objection.

• Marginal note:Objection not made to superior court

  (3) If an objection to the disclosure of information is made before a court, person or body other than a superior court, the objection may be determined, on application, by

  • (a) the Federal Court — Trial Division, in the case of a person or body vested with power to compel production by or under an Act of Parliament if the person or body is not a court established under a law of a province; or

  • (b) the trial division or trial court of the superior court of the province within which the court, person or body exercises its jurisdiction, in any other case.

• Marginal note:Limitation period

  (4) An application under subsection (3) shall be made within 10 days after the objection is made or within any further or lesser time that the court having jurisdiction to hear the application considers appropriate in the circumstances.

• Marginal note:Disclosure order

  (4.1) Unless the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, the court may authorize by order the disclosure of the information.

• Marginal note:Disclosure order

  (5) If the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, but that the public interest in disclosure outweighs in importance the specified public interest, the court may, by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any encroachment upon the specified public interest resulting from disclosure, authorize the disclosure, subject to any conditions that the court considers appropriate, of all of the information, a part or summary of the information, or a written admission of facts relating to the information.

• Marginal note:Prohibition order

  (6) If the court does not authorize disclosure under subsection (4.1) or (5), the court shall, by order, prohibit disclosure of the information.

• Marginal note:Evidence

  (6.1) The court may receive into evidence anything that, in the opinion of the court, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base its decision on that evidence.

• Marginal note:When determination takes effect

  (7) An order of the court that authorizes disclosure does not take effect until the time provided or granted to appeal the order, or a judgment of an appeal court that confirms the order, has expired, or no further appeal from a judgment that confirms the order is available.

• Marginal note:Introduction into evidence

  (8) A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (5), but who may not be able to do so by reason of the rules of admissibility that apply before the court, person or body with jurisdiction to compel the production of information, may request from the court having jurisdiction under subsection (2) or (3) an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that court, as long as that form and those conditions comply with the order made under subsection (5).

• Marginal note:Relevant factors

  (9) For the purpose of subsection (8), the court having jurisdiction under subsection (2) or (3) shall consider all the factors that would be relevant for a determination of admissibility before the court, person or body.

Marginal note:Appeal to court of appeal

• 37.1 (1) An appeal lies from a determination under any of subsections 37(4.1) to (6)

  • (a) to the Federal Court of Appeal from a determination of the Federal Court — Trial Division; or

  • (b) to the court of appeal of a province from a determination of a trial division or trial court of a superior court of the province.

• Marginal note:Limitation period for appeal

  (2) An appeal under subsection (1) shall be brought within 10 days after the date of the determination appealed from or within any further time that the court having jurisdiction to hear the appeal considers appropriate in the circumstances.

Marginal note:Limitation periods for appeals to Supreme Court of Canada

37.2 Notwithstanding any other Act of Parliament,

• (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made under subsection 37.1(1) shall be made within 10 days after the date of the judgment appealed from or within any further time that the court having jurisdiction to grant leave to appeal considers appropriate in the circumstances; and

• (b) if leave to appeal is granted, the appeal shall be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the court that grants leave.

Marginal note:Special rules

• 37.21 (1) A hearing under subsection 37(2) or (3) or an appeal of an order made under any of subsections 37(4.1) to (6) shall be heard in private.

• Marginal note:Representations

  (2) The court conducting a hearing under subsection 37(2) or (3) or the court hearing an appeal of an order made under any of subsections 37(4.1) to (6) may give

  • (a) any person an opportunity to make representations; and

  • (b) any person who makes representations under paragraph (a) the opportunity to make representations ex parte.

Marginal note:Protection of right to a fair trial

• 37.3 (1) A judge presiding at a criminal trial or other criminal proceeding may make any order that he or she considers appropriate in the circumstances to protect the right of the accused to a fair trial, as long as that order complies with the terms of any order made under any of subsections 37(4.1) to (6) in relation to that trial or proceeding or any judgment made on appeal of an order made under any of those subsections.

• Marginal note:Potential orders

  (2) The orders that may be made under subsection (1) include, but are not limited to, the following orders:

  • (a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence;

  • (b) an order effecting a stay of the proceedings; and

  • (c) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

International Relations and National Defence and National Security

Marginal note:Definitions

38. The following definitions apply in this section and in sections 38.01 to 38.15.

“judge”

« juge »

“judge” means the Chief Justice of the Federal Court or a judge of the Federal Court — Trial Division designated by the Chief Justice to conduct hearings under section 38.04.

“participant”

« participant »

“participant” means a person who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information.

“potentially injurious information”

« renseignements potentiellement préjudiciables »

“potentially injurious information” means information of a type that, if it were disclosed to the public, could injure international relations or national defence or national security.

“proceeding”

« instance »

“proceeding” means a proceeding before a court, person or body with jurisdiction to compel the production of information.

“prosecutor”

« poursuivant »

“prosecutor” means an agent of the Attorney General of Canada or of the Attorney General of a province, the Director of Military Prosecutions under the National Defence Act or an individual who acts as a prosecutor in a proceeding.

“sensitive information”

« renseignements sensibles »

“sensitive information” means information relating to international relations or national defence or national security that is in the possession of the Government of Canada, whether originating from inside or outside Canada, and is of a type that the Government of Canada is taking measures to safeguard.

Marginal note:Notice to Attorney General of Canada

• 38.01 (1) Every participant who, in connection with a proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information that the participant believes is sensitive information or potentially injurious information shall, as soon as possible, notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the proceeding.

• Marginal note:During a proceeding

  (2) Every participant who believes that sensitive information or potentially injurious information is about to be disclosed, whether by the participant or another person, in the course of a proceeding shall raise the matter with the person presiding at the proceeding and notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (1). In such circumstances, the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

• Marginal note:Notice of disclosure from official

  (3) An official, other than a participant, who believes that sensitive information or potentially injurious information may be disclosed in connection with a proceeding may notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the proceeding.

• Marginal note:During a proceeding

  (4) An official, other than a participant, who believes that sensitive information or potentially injurious information is about to be disclosed in the course of a proceeding may raise the matter with the person presiding at the proceeding. If the official raises the matter, he or she shall notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (3), and the person presiding at the proceeding shall ensure that the information is not disclosed other than in accordance with this Act.

• Marginal note:Military proceedings

  (5) In the case of a proceeding under Part III of the National Defence Act, notice under any of subsections (1) to (4) shall be given to both the Attorney General of Canada and the Minister of National Defence.

• Marginal note:Exception

  (6) This section does not apply when

  • (a) the information is disclosed by a person to their solicitor in connection with a proceeding, if the information is relevant to that proceeding;

  • (b) the information is disclosed to enable the Attorney General of Canada, the Minister of National Defence, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under section 38, this section and sections 38.02 to 38.13, 38.15 and 38.16;

  • (c) disclosure of the information is authorized by the government institution in which or for which the information was produced or, if the information was not produced in or for a government institution, the government institution in which it was first received; or

  • (d) the information is disclosed to an entity and, where applicable, for a purpose listed in the schedule.

• Marginal note:Exception

  (7) Subsections (1) and (2) do not apply to a participant if a government institution referred to in paragraph (6)(c) advises the participant that it is not necessary, in order to prevent disclosure of the information referred to in that paragraph, to give notice to the Attorney General of Canada under subsection (1) or to raise the matter with the person presiding under subsection (2).

• Marginal note:Schedule

  (8) The Governor in Council may, by order, add to or delete from the schedule a reference to any entity or purpose, or amend such a reference.

Marginal note:Disclosure prohibited

• 38.02 (1) Subject to subsection 38.01(6), no person shall disclose in connection with a proceeding

  • (a) information about which notice is given under any of subsections 38.01(1) to (4);

  • (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.01(1) to (4), or to the Attorney General of Canada and the Minister of National Defence under subsection 38.01(5);

  • (c) the fact that an application is made to the Federal Court — Trial Division under section 38.04 or that an appeal or review of an order made under any of subsections 38.06(1) to (3) in connection with the application is instituted; or

  • (d) the fact that an agreement is entered into under section 38.031 or subsection 38.04(6).

• Marginal note:Entities

  (1.1) When an entity listed in the schedule, for any purpose listed there in relation to that entity, makes a decision or order that would result in the disclosure of sensitive information or potentially injurious information, the entity shall not disclose the information or cause it to be disclosed until notice of intention to disclose the information has been given to the Attorney General of Canada and a period of 10 days has elapsed after notice was given.

• Marginal note:Exceptions

  (2) Disclosure of the information or the facts referred to in subsection (1) is not prohibited if

  • (a) the Attorney General of Canada authorizes the disclosure in writing under section 38.03 or by agreement under section 38.031 or subsection 38.04(6); or

  • (b) a judge authorizes the disclosure under subsection 38.06(1) or (2) or a court hearing an appeal from, or a review of, the order of the judge authorizes the disclosure, and either the time provided to appeal the order or judgment has expired or no further appeal is available.

Marginal note:Authorization by Attorney General of Canada

• 38.03 (1) The Attorney General of Canada may, at any time and subject to any conditions that he or she considers appropriate, authorize the disclosure of all or part of the information and facts the disclosure of which is prohibited under subsection 38.02(1).

• Marginal note:Military proceedings

  (2) In the case of a proceeding under Part III of the National Defence Act, the Attorney General of Canada may authorize disclosure only with the agreement of the Minister of National Defence.

• Marginal note:Notice

  (3) The Attorney General of Canada shall, within 10 days after the day on which he or she first receives a notice about information under any of subsections 38.01(1) to (4), notify in writing every person who provided notice under section 38.01 about that information of his or her decision with respect to disclosure of the information.

Marginal note:Disclosure agreement

• 38.031 (1) The Attorney General of Canada and a person who has given notice under subsection 38.01(1) or (2) and is not required to disclose information but wishes, in connection with a proceeding, to disclose any facts referred to in paragraphs 38.02(1)(b) to (d) or information about which he or she gave the notice, or to cause that disclosure, may, before the person applies to the Federal Court — Trial Division under paragraph 38.04(2)(c), enter into an agreement that permits the disclosure of part of the facts or information or disclosure of the facts or information subject to conditions.

• Marginal note:No application to Federal Court

  (2) If an agreement is entered into under subsection (1), the person may not apply to the Federal Court — Trial Division under paragraph 38.04(2)(c) with respect to the information about which he or she gave notice to the Attorney General of Canada under subsection 38.01(1) or (2).

Marginal note:Application to Federal Court — Attorney General of Canada

• 38.04 (1) The Attorney General of Canada may, at any time and in any circumstances, apply to the Federal Court — Trial Division for an order with respect to the disclosure of information about which notice was given under any of subsections 38.01(1) to (4).

• Marginal note:Application to Federal Court — general

  (2) If, with respect to information about which notice was given under any of subsections 38.01(1) to (4), the Attorney General of Canada does not provide notice of a decision in accordance with subsection 38.03(3) or, other than by an agreement under section 38.031, authorizes the disclosure of only part of the information or disclosure subject to any conditions,

  • (a) the Attorney General of Canada shall apply to the Federal Court — Trial Division for an order with respect to disclosure of the information if a person who gave notice under subsection 38.01(1) or (2) is a witness;

  • (b) a person, other than a witness, who is required to disclose information in connection with a proceeding shall apply to the Federal Court — Trial Division for an order with respect to disclosure of the information; and

  • (c) a person who is not required to disclose information in connection with a proceeding but who wishes to disclose it or to cause its disclosure may apply to the Federal Court — Trial Division for an order with respect to disclosure of the information.

• Marginal note:Notice to Attorney General of Canada

  (3) A person who applies to the Federal Court — Trial Division under paragraph (2)(b) or (c) shall provide notice of the application to the Attorney General of Canada.

• Marginal note:Court records

  (4) An application under this section is confidential. Subject to section 38.12, the Administrator of the Federal Court may take any measure that he or she considers appropriate to protect the confidentiality of the application and the information to which it relates.

• Marginal note:Procedure

  (5) As soon as the Federal Court — Trial Division is seized of an application under this section, the judge

  • (a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and concerning the persons who should be given notice of any hearing of the matter;

  • (b) shall decide whether it is necessary to hold any hearing of the matter;

  • (c) if he or she decides that a hearing should be held, shall

    • (i) determine who should be given notice of the hearing,

    • (ii) order the Attorney General of Canada to notify those persons, and

    • (iii) determine the content and form of the notice; and

  • (d) if he or she considers it appropriate in the circumstances, may give any person the opportunity to make representations.

• Marginal note:Disclosure agreement

  (6) After the Federal Court — Trial Division is seized of an application made under paragraph (2)(c) or, in the case of an appeal from, or a review of, an order of the judge made under any of subsections 38.06(1) to (3) in connection with that application, before the appeal or review is disposed of,

  • (a) the Attorney General of Canada and the person who made the application may enter into an agreement that permits the disclosure of part of the facts referred to in paragraphs 38.02(1)(b) to (d) or part of the information, or disclosure of the facts or information subject to conditions; and

  • (b) if an agreement is entered into, the Court’s consideration of the application or any hearing, review or appeal shall be terminated.

• Marginal note:Termination of Court consideration, hearing, review or appeal

  (7) Subject to subsection (6), after the Federal Court — Trial Division is seized of an application made under this section or, in the case of an appeal from, or a review of, an order of the judge made under any of subsections 38.06(1) to (3) before the appeal or review is disposed of, if the Attorney General of Canada authorizes the disclosure of all or part of the information or withdraws conditions to which the disclosure is subject, the Court’s consideration of the application or any hearing, appeal or review shall be terminated in relation to that information, to the extent of the authorization or the withdrawal.

Marginal note:Report relating to proceedings

38.05 If he or she receives notice of a hearing under paragraph 38.04(5)(c), a person presiding or designated to preside at the proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside may, within 10 days after the day on which he or she receives the notice, provide the judge with a report concerning any matter relating to the proceeding that the person considers may be of assistance to the judge.

Marginal note:Disclosure order

• 38.06 (1) Unless the judge concludes that the disclosure of the information would be injurious to international relations or national defence or national security, the judge may, by order, authorize the disclosure of the information.

• Marginal note:Disclosure order

  (2) If the judge concludes that the disclosure of the information would be injurious to international relations or national defence or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the judge may by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any injury to international relations or national defence or national security resulting from disclosure, authorize the disclosure, subject to any conditions that the judge considers appropriate, of all of the information, a part or summary of the information, or a written admission of facts relating to the information.

• Marginal note:Order confirming prohibition

  (3) If the judge does not authorize disclosure under subsection (1) or (2), the judge shall, by order, confirm the prohibition of disclosure.

• Marginal note:Evidence

  (3.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

• Marginal note:Introduction into evidence

  (4) A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (2) but who may not be able to do so in a proceeding by reason of the rules of admissibility that apply in the proceeding may request from a judge an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that judge, as long as that form and those conditions comply with the order made under subsection (2).

• Marginal note:Relevant factors

  (5) For the purpose of subsection (4), the judge shall consider all the factors that would be relevant for a determination of admissibility in the proceeding.

Marginal note:Notice of order

38.07 The judge may order the Attorney General of Canada to give notice of an order made under any of subsections 38.06(1) to (3) to any person who, in the opinion of the judge, should be notified.

Marginal note:Automatic review

38.08 If the judge determines that a party to the proceeding whose interests are adversely affected by an order made under any of subsections 38.06(1) to (3) was not given the opportunity to make representations under paragraph 38.04(5)(d), the judge shall refer the order to the Federal Court of Appeal for review.

Marginal note:Appeal to Federal Court of Appeal

• 38.09 (1) An order made under any of subsections 38.06(1) to (3) may be appealed to the Federal Court of Appeal.

• Marginal note:Limitation period for appeal

  (2) An appeal shall be brought within 10 days after the day on which the order is made or within any further time that the Court considers appropriate in the circumstances.

Marginal note:Limitation periods for appeals to Supreme Court of Canada

38.1 Notwithstanding any other Act of Parliament,

• (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made on appeal shall be made within 10 days after the day on which the judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and

• (b) if leave to appeal is granted, the appeal shall be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the Supreme Court of Canada.

Marginal note:Special rules

• 38.11 (1) A hearing under subsection 38.04(5) or an appeal or review of an order made under any of subsections 38.06(1) to (3) shall be heard in private and, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, shall be heard in the National Capital Region, as described in the schedule to the National Capital Act.

• Marginal note:Ex parte representations

  (2) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may give any person who makes representations under paragraph 38.04(5)(d), and shall give the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, the opportunity to make representations ex parte.

Marginal note:Protective order

• 38.12 (1) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may make any order that the judge or the court considers appropriate in the circumstances to protect the confidentiality of the information to which the hearing, appeal or review relates.

• Marginal note:Court records

  (2) The court records relating to the hearing, appeal or review are confidential. The judge or the court may order that the records be sealed and kept in a location to which the public has no access.

Marginal note:Certificate of Attorney General of Canada

• 38.13 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament.

• Marginal note:Military proceedings

  (2) In the case of a proceeding under Part III of the National Defence Act, the Attorney General of Canada may issue the certificate only with the agreement, given personally, of the Minister of National Defence.

• Marginal note:Service of certificate

  (3) The Attorney General of Canada shall cause a copy of the certificate to be served on

  • (a) the person presiding or designated to preside at the proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside;

  • (b) every party to the proceeding;

  • (c) every person who gives notice under section 38.01 in connection with the proceeding;

  • (d) every person who, in connection with the proceeding, may disclose, is required to disclose or may cause the disclosure of the information about which the Attorney General of Canada has received notice under section 38.01;

  • (e) every party to a hearing under subsection 38.04(5) or to an appeal of an order made under any of subsections 38.06(1) to (3) in relation to the information;

  • (f) the judge who conducts a hearing under subsection 38.04(5) and any court that hears an appeal from, or review of, an order made under any of subsections 38.06(1) to (3) in relation to the information; and

  • (g) any other person who, in the opinion of the Attorney General of Canada, should be served.

• Marginal note:Filing of certificate

  (4) The Attorney General of Canada shall cause a copy of the certificate to be filed

  • (a) with the person responsible for the records of the proceeding to which the information relates; and

  • (b) in the Registry of the Federal Court and the registry of any court that hears an appeal from, or review of, an order made under any of subsections 38.06(1) to (3).

• Marginal note:Effect of certificate

  (5) If the Attorney General of Canada issues a certificate, then, notwithstanding any other provision of this Act, disclosure of the information shall be prohibited in accordance with the terms of the certificate.

• Marginal note:Statutory Instruments Act does not apply

  (6) The Statutory Instruments Act does not apply to a certificate issued under subsection (1).

• Marginal note:Publication

  (7) The Attorney General of Canada shall, without delay after a certificate is issued, cause the certificate to be published in the Canada Gazette.

• Marginal note:Restriction

  (8) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with section 38.131.

• Marginal note:Expiration

  (9) The certificate expires 15 years after the day on which it is issued and may be reissued.

Marginal note:Application for review of certificate

• 38.131 (1) A party to the proceeding referred to in section 38.13 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (8) or (9), as the case may be.

• Marginal note:Notice to Attorney General of Canada

  (2) The applicant shall give notice of the application to the Attorney General of Canada.

• Marginal note:Military proceedings

  (3) In the case of proceedings under Part III of the National Defence Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.

• Marginal note:Single judge

  (4) Notwithstanding section 16 of the Federal Court Act, for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court.

• Marginal note:Admissible information

  (5) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (8) to (10) on that evidence.

• Marginal note:Special rules and protective order

  (6) Sections 38.11 and 38.12 apply, with any necessary modifications, to an application made under subsection (1).

• Marginal note:Expedited consideration

  (7) The judge shall consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1).

• Marginal note:Varying the certificate

  (8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order varying the certificate accordingly.

• Marginal note:Cancelling the certificate

  (9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order cancelling the certificate.

• Marginal note:Confirming the certificate

  (10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or security, the judge shall make an order confirming the certificate.

• Marginal note:Determination is final

  (11) Notwithstanding any other Act of Parliament, a determination of a judge under any of subsections (8) to (10) is final and is not subject to review or appeal by any court.

• Marginal note:Publication

  (12) If a certificate is varied or cancelled under this section, the Attorney General of Canada shall, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette

  • (a) the certificate as varied under subsection (8); or

  • (b) a notice of the cancellation of the certificate under subsection (9).

Marginal note:Protection of right to a fair trial

• 38.14 (1) The person presiding at a criminal proceeding may make any order that he or she considers appropriate in the circumstances to protect the right of the accused to a fair trial, as long as that order complies with the terms of any order made under any of subsections 38.06(1) to (3) in relation to that proceeding, any judgment made on appeal from, or review of, the order, or any certificate issued under section 38.13.

• Marginal note:Potential orders

  (2) The orders that may be made under subsection (1) include, but are not limited to, the following orders:

  • (a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence;

  • (b) an order effecting a stay of the proceedings; and

  • (c) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

Marginal note:Fiat

• 38.15 (1) If sensitive information or potentially injurious information may be disclosed in connection with a prosecution that is not instituted by the Attorney General of Canada or on his or her behalf, the Attorney General of Canada may issue a fiat and serve the fiat on the prosecutor.

• Marginal note:Effect of fiat

  (2) When a fiat is served on a prosecutor, the fiat establishes the exclusive authority of the Attorney General of Canada with respect to the conduct of the prosecution described in the fiat or any related process.

• Marginal note:Fiat filed in court

  (3) If a prosecution described in the fiat or any related process is conducted by or on behalf of the Attorney General of Canada, the fiat or a copy of the fiat shall be filed with the court in which the prosecution or process is conducted.

• Marginal note:Fiat constitutes conclusive proof

  (4) The fiat or a copy of the fiat

  • (a) is conclusive proof that the prosecution described in the fiat or any related process may be conducted by or on behalf of the Attorney General of Canada; and

  • (b) is admissible in evidence without proof of the signature or official character of the Attorney General of Canada.

• Marginal note:Military proceedings

  (5) This section does not apply to a proceeding under Part III of the National Defence Act.

Marginal note:Regulations

38.16 The Governor in Council may make any regulations that the Governor in Council considers necessary to carry into effect the purposes and provisions of sections 38 to 38.15, including regulations respecting the notices, certificates and the fiat.

Confidences of the Queen’s Privy Council for Canada

Marginal note:Application respecting disclosure of information

• 58. (1) Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate.

• Marginal note:Canada Evidence Act

  (2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if

  • (a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act;

  • (b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or

  • (c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 of that Act.

• Marginal note:Application to have order quashed

  (8) Any person excluded by an order under subsection (7) from all or any part of the review under subsection (2) or (3) may apply to the Chief Justice of the Federal Court or to a judge of that Court designated by the Chief Justice for the purposes of this subsection to have the order quashed, and sections 37 to 38.16 of the Canada Evidence Act apply, with any modifications that the circumstances require, to such applications.

Marginal note:Short title

1. This Act may be cited as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Marginal note:Transactions if reasonable grounds to suspect

7. In addition to the requirements of subsection 9(1), every person or entity shall report to the Centre, in the prescribed form and manner, every financial transaction that occurs in the course of their activities and in respect of which there are reasonable grounds to suspect that the transaction is related to the commission of a money laundering offence or a terrorist activity financing offence.

Marginal note:Disclosure

• 7.1 (1) In addition to the requirements of section 7 and subsection 9(1), every person or entity that is required to make a disclosure under section 83.1 of the Criminal Code shall also make a report on it to the Centre, in the prescribed form and manner.

• Marginal note:Limitation

  (2) Subsection (1) does not apply to prescribed persons or entities, or prescribed classes of persons or entities, in respect of prescribed transactions or property, or classes of transactions or property, if the prescribed conditions are met.

Marginal note:Reports under other Acts

9.1 Subject to section 9, every person or entity that is required to make a report to the Centre under an Act of Parliament or any regulations under it shall make it in the form and manner prescribed under this Act for a report under that Act.

Marginal note:Immunity

10. No criminal or civil proceedings lie against a person or an entity for making a report in good faith under section 7, 7.1 or 9, or for providing the Centre with information about suspicions of money laundering or of the financing of terrorist activities.

if the officer suspects on reasonable grounds that the person has secreted on or about their person currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection.

Marginal note:Search of conveyance

• 16. (1) If an officer suspects on reasonable grounds that there are, on or about a conveyance, currency or monetary instruments of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, the officer may stop, board and search the conveyance, examine anything in or on it and open or cause to be opened any package or container in or on it and direct that the conveyance be moved to a customs office or other suitable place for the search, examination or opening.

• Marginal note:Search of baggage

  (2) If an officer suspects on reasonable grounds that there are, in baggage, currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) and that have not been reported in accordance with that subsection, the officer may search the baggage, examine anything in it and open or cause to be opened any package or container in it and direct that the baggage be moved to a customs office or other suitable place for the search, examination or opening.

Marginal note:Examination and opening of mail

• 17. (1) An officer may examine any mail that is being imported or exported and open or cause to be opened any such mail that the officer suspects on reasonable grounds contains currency or monetary instruments of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1).

• Marginal note:Return of seized currency or monetary instruments

  (2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the person from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of section 462.3 of the Criminal Code or funds for use in the financing of terrorist activities.

Marginal note:Mail to be made available to an officer

• 21. (1) On request of an officer, any mail that is being sent from a place in Canada to a place in a foreign country and that contains or is suspected to contain currency or monetary instruments that are of a value equal to or greater than the amount prescribed for the purpose of subsection 12(1) shall be submitted by the Canada Post Corporation to an officer.

Marginal note:When forfeiture under s. 14(5)

• 22. (1) An officer who retains currency or monetary instruments forfeited under subsection 14(5) shall send the currency or monetary instruments to the Minister of Public Works and Government Services.

• Marginal note:When seizure or payment of a penalty

  (2) An officer who seizes currency or monetary instruments or is paid a penalty under subsection 18(2) shall send the currency or monetary instruments or the penalty, as the case may be, to the Minister of Public Works and Government Services.

Marginal note:Request for Minister’s decision

25. A person from whom currency or monetary instruments were seized under section 18, or the lawful owner of the currency or monetary instruments, may within 90 days after the date of the seizure request a decision of the Minister as to whether subsection 12(1) was contravened, by giving notice in writing to the officer who seized the currency or monetary instruments or to an officer at the customs office closest to the place where the seizure took place.

• Marginal note:Deferral of decision

  (2) If charges are laid with respect to a money laundering offence or a terrorist activity financing offence in respect of the currency or monetary instruments seized, the Minister may defer making a decision but shall make it in any case no later than 30 days after the conclusion of all court proceedings in respect of those charges.

Marginal note:Interest as owner

• 32. (1) If currency or monetary instruments have been seized as forfeit under this Part, any person, other than the person in whose possession the currency or monetary instruments were when seized, who claims an interest in the currency or monetary instruments as owner may, within 90 days after the seizure, apply by notice in writing to the court for an order under section 33.

• Marginal note:Disclosure of information to a police force

  (2) An officer who has reasonable grounds to suspect that information referred to in subsection (1) would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence may disclose the information to the appropriate police force.

• Marginal note:Disclosure of information to the Centre

  (3) An officer may disclose to the Centre information referred to in subsection (1) if the officer has reasonable grounds to suspect that it would be of assistance to the Centre in the detection, prevention or deterrence of money laundering or of the financing of terrorist activities.

• (b) collects, analyses, assesses and discloses information in order to assist in the detection, prevention and deterrence of money laundering and of the financing of terrorist activities;

• (a) shall receive reports made under section 7, 7.1, 9, 12 or 20, incomplete reports sent under subsection 14(5), reports referred to in section 9.1, information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies, and other information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

• (b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that is publicly available, including commercially available databases, or that is stored in databases maintained by the federal or provincial governments for purposes related to law enforcement and in respect of which an agreement was entered into under subsection 66(1);

Marginal note:Disclosure of information to the Canadian Security Intelligence Service

• 55.1 (1) If the Centre, on the basis of its analysis and assessment under paragraph 54(c), has reasonable grounds to suspect that designated information would be relevant to threats to the security of Canada, the Centre shall disclose that information to the Canadian Security Intelligence Service.

• Marginal note:Recording of reasons for decision

  (2) The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (1).

• Definition of “designated information”

  (3) For the purposes of subsection (1), “designated information” means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

  • (a) the name of the client or of the importer or exporter, or any person or entity acting on their behalf;

  • (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

  • (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

  • (d) in the case of a transaction, the transaction number and the account number, if any; and

  • (e) any other similar identifying information that may be prescribed for the purposes of this section.

Marginal note:Agreements and arrangements

• 56. (1) The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state, or an international organization established by the governments of foreign states regarding the exchange, between the Centre and any institution or agency of that state or organization that has powers and duties similar to those of the Centre, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

• Marginal note:Agreements and arrangements — Centre

  (2) The Centre may, with the approval of the Minister, enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties similar to those of the Centre, regarding the exchange, between the Centre and the institution or agency, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

• Marginal note:Purposes

  (3) Agreements or arrangements entered into under subsection (1) or (2) must

  • (a) restrict the use of information to purposes relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

  • (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Centre.

Marginal note:Disclosure to foreign agencies

• 56.1 (1) The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization established by the governments of foreign states that has powers and duties similar to those of the Centre, if

  • (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

  • (b) the Minister has, in accordance with subsection 56(1), entered into an agreement or arrangement with that foreign state or international organization regarding the exchange of such information.

• Marginal note:Disclosure to foreign agencies

  (2) The Centre may disclose designated information to an institution or agency of a foreign state that has powers and duties similar to those of the Centre, if

  • (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

  • (b) the Centre has, in accordance with subsection 56(2), entered into an agreement or arrangement with that institution or agency regarding the exchange of such information.

• Marginal note:Request for information

  (2.1) For greater certainty, designated information may be disclosed to an institution or agency under subsection (1) or (2) in response to a request made by the institution or agency.

• Marginal note:Other disclosure

  (3) In order to perform its functions under paragraph 54(c), the Centre may direct queries to an institution or agency in respect of which an agreement referred to in subsection (1) or (2) has been entered into, and in doing so it may disclose designated information.

• Marginal note:Recording of reasons for decision

  (4) The Centre shall record in writing the reasons for all decisions to disclose information made under paragraph (1)(a) or (2)(a).

• Definition of “designated information”

  (5) For the purposes of this section, “designated information” means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

  • (a) the name of the client or of the importer or exporter, or any person or entity acting on their behalf;

  • (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

  • (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

  • (d) in the case of a transaction, the transaction number and the account number, if any; and

  • (e) any other similar identifying information that may be prescribed for the purposes of this section.

• (a) inform persons and entities that have provided a report under section 7, 7.1 or 9, or a report referred to in section 9.1, about measures that have been taken with respect to reports under those sections;

• (b) conduct research into trends and developments in the area of money laundering and the financing of terrorist activities and improved ways of detecting, preventing and deterring money laundering and the financing of terrorist activities; and

• (c) undertake measures to inform the public, persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences and terrorist activity financing offences, and others, with respect to

  • (i) their obligations under this Act,

  • (ii) the nature and extent of money laundering in Canada,

  • (ii.1) the nature and extent of the financing of terrorist activities in Canada, and

  • (iii) measures that have been or might be taken to detect, prevent and deter money laundering and the financing of terrorist activities in Canada, and the effectiveness of those measures.

Marginal note:Immunity from compulsory processes

• 59. (1) Subject to section 36 of the Access to Information Act and section 34 of the Privacy Act, the Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Part 2, is required to comply with a subpoena, a summons, an order for production of documents, or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence, a terrorist activity financing offence or an offence under this Act in respect of which an information has been laid or an indictment preferred or, in the case of an order for production of documents, if it is issued under section 60.1 for the purposes of an investigation in respect of a threat to the security of Canada.

Marginal note:Application for production order

• 60.1 (1) The Director of the Canadian Security Intelligence Service, or any employee of the Canadian Security Intelligence Service, may, for the purposes of an investigation in respect of a threat to the security of Canada, after having obtained the approval of the Solicitor General of Canada, make an application under subsection (2) to a judge for an order for disclosure of information.

• Marginal note:Matters to be specified in application for production order

  (2) An application shall be made ex parte in writing and be accompanied by an affidavit of the applicant deposing to the following matters:

  • (a) the person or entity in relation to whom the information or documents referred to in paragraph (b) are required;

  • (b) the type of information or documents — whether in written form, in the form of a report or record or in any other form — obtained by or on behalf of the Director in respect of which disclosure is sought;

  • (c) the facts relied on to justify the belief, on reasonable grounds, that a production order under this section is required to enable the Canadian Security Intelligence Service to investigate a threat to the security of Canada;

  • (d) a summary of any information already received from the Centre in respect of the threat to the security of Canada; and

  • (e) information respecting all previous applications brought under this section in respect of any person or entity being investigated in relation to the threat to the security of Canada.

• Marginal note:Order for disclosure of information

  (3) Subject to the conditions that the judge considers advisable in the public interest, the judge to whom an application is made may order the Director — or any person specially designated in writing by the Director for the purpose of this section — to allow an employee of the Canadian Security Intelligence Service named in the order to have access to and examine all information and documents to which the application relates or, if the judge considers it necessary in the circumstances, to produce the information and documents to the employee and allow the employee to remove them, if the judge is satisfied

  • (a) of the matters referred to in subsection (2); and

  • (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained.

  The order must be complied with within the period following the service of the order that the judge may specify.

• Marginal note:Maximum duration of production order

  (4) A production order shall not be issued under subsection (3) for a period exceeding sixty days.

• Marginal note:Service of order

  (5) A copy of the order shall be served on the person or entity to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court.

• Marginal note:Extension of period for compliance with order

  (6) A judge who makes an order under subsection (3) may, on application of the Director, extend the period within which it is to be complied with.

• Marginal note:Objection to disclosure of information

  (7) The Director — or any person specially designated in writing by the Director for the purposes of this section — may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that it should not be disclosed on the ground that

  • (a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence;

  • (b) a privilege is attached by law to the information or document;

  • (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or

  • (d) disclosure of the information or document would not, for any other reason, be in the public interest.

• Marginal note:Determination of objection

  (8) An objection made under subsection (7) may be determined, on application, in accordance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications.

• Marginal note:Judge may examine information

  (9) A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (7).

• Marginal note:Limitation period

  (10) An application under subsection (8) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances.

• Marginal note:Appeal to Federal Court of Appeal

  (11) An appeal lies from a determination under subsection (8) to the Federal Court of Appeal.

• Marginal note:Limitation period for appeal

  (12) An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

• Marginal note:Special rules for hearings

  (13) An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Ex parte representations

  (14) During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

• Marginal note:Copies

  (15) Where any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

• Definition of “judge”

  (16) In this section, “judge” means a judge of the Federal Court designated by the Chief Justice of the Federal Court for the purposes of the Canadian Security Intelligence Service Act.

Marginal note:Hearing of applications

60.2 An application under subsection 60.1(2) to a judge for a production order, or an objection under subsection 60.1(7), shall be heard in private in accordance with regulations made under section 28 of the Canadian Security Intelligence Service Act.

Marginal note:Reporting — sections 7 and 7.1

• 75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 is guilty of an offence and liable

  • (a) on summary conviction,

    • (i) for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and

    • (ii) for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both.

• Marginal note:Defence for employees

  (2) No employee of a person or an entity shall be convicted of an offence under subsection (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they reported to their superior.

Marginal note:Exemption

80. A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under any of sections 74 to 77 if the peace officer or person does any of the things mentioned in those sections for the purpose of investigating a money laundering offence or a terrorist activity financing offence.

• Marginal note:Liability to seizure

  (3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, nothing in the course of post is liable to demand, seizure, detention or retention.

• Marginal note:Mail in the course of post

  (2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

• Marginal note:Notice of seizure or detention

  (2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

Marginal note:Opening mail

48. Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

• Marginal note:Exception

  (11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

• (c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;

• (a.1) the detection, prevention or deterrence of money laundering or the financing of terrorist activities; or

• (iv) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; or

• (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;

• Marginal note:Proceeds of Crime (Money Laundering) and Terrorist Financing Act

  (2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.

Marginal note:Certificate under Canada Evidence Act

• 69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.

• Marginal note:Certificate following filing of complaint

  (2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information,

  • (a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

  • (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

• Marginal note:Interpretation

  (2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

• (c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

• (ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

• (ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

• (a) section 75 (piratical acts);

• (a.1) section 76 (hijacking);

• (a.2) section 77 (endangering safety of aircraft or airport);

• (a.3) section 78.1 (seizing control of ship or fixed platform);

• (a.4) paragraph 81(1)(a), (b) or (d) (use of explosives);

• (a.5) paragraph 81(2)(a) (causing injury with intent);

• (z.21) section 279.1 (hostage taking);

• (z.31) subsection 430(2) (mischief that causes actual danger to life);

• (z.32) section 431 (attack on premises, residence or transport of internationally protected person);

• (z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);

• (z.34) subsection 431.2(2) (explosive or other lethal device);

Marginal note:Exemptions — Governor in Council

• 97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

• Marginal note:Exemptions — federal Minister

  (2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

• Marginal note:Exemptions — provincial minister

  (3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

• Marginal note:Public safety

  (4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

• Marginal note:Conditions

  (5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

“terrorism offence”

« infraction de terrorisme »

“terrorism offence” means

• (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code,

• (b) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group,

• (c) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or

• (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);

“terrorist activity”

« activité terroriste »

“terrorist activity” has the same meaning as in subsection 83.01(1) of the Criminal Code;

“terrorist group”

« groupe terroriste »

“terrorist group” has the same meaning as in subsection 83.01(1) of the Criminal Code;

• Marginal note:Power of court martial to delay parole

  (3.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction under this Act for a terrorism offence, the court martial shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court martial is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

Punishment for Certain Offences

Marginal note:Punishment for certain offences

• 149.2 (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

• Marginal note:Offender must be notified

  (2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity.

• (e) an offence under this Act that is a terrorism offence.

• (c) to prevent injury to international relations.

PART V.1COMMUNICATIONS SECURITY ESTABLISHMENT

Marginal note:Definitions

273.61 The following definitions apply in this Part.

“Canadian”

« Canadien »

“Canadian” means

• (a) a Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration Act; or

• (b) a corporation incorporated under an Act of Parliament or of the legislature of a province.

“entity”

« entité »

“entity” means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state.

“foreign intelligence”

« renseignements étrangers »

“foreign intelligence” means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.

“global information infrastructure”

« infrastructure mondiale d’information »

“global information infrastructure” includes electromagnetic emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, systems or networks.

“Minister”

« ministre »

“Minister” means the Minister of National Defence or such other member of the Queen’s Privy Council as may be designated by the Governor in Council to be responsible for the Communications Security Establishment.

“private communication”

« communication privée »

“private communication” has the same meaning as in section 183 of the Criminal Code.

Marginal note:Communications Security Establishment continued

• 273.62 (1) The part of the public service of Canada known as the Communications Security Establishment is hereby continued.

• Marginal note:Chief

  (2) The Chief of the Communications Security Establishment, under the direction of the Minister or any person designated by the Minister, has the management and control of the Establishment and all matters relating to it.

• Marginal note:Directions by Minister

  (3) The Minister may issue written directions to the Chief respecting the carrying out of the Chief’s duties and functions.

• Marginal note:Directions not statutory instruments

  (4) Directions issued under subsection (3) are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Appointment of Commissioner

• 273.63 (1) The Governor in Council may appoint a supernumerary judge or a retired judge of a superior court as Commissioner of the Communications Security Establishment to hold office, during good behaviour, for a term of not more than five years.

• Marginal note:Duties

  (2) The duties of the Commissioner are

  • (a) to review the activities of the Establishment to ensure that they are in compliance with the law;

  • (b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and

  • (c) to inform the Minister and the Attorney General of Canada of any activity of the Establishment that the Commissioner believes may not be in compliance with the law.

• Marginal note:Annual report

  (3) The Commissioner shall, within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commissioner’s activities and findings, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

• Marginal note:Powers of investigation

  (4) In carrying out his or her duties, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

• Marginal note:Employment of legal counsel, advisers, etc.

  (5) The Commissioner may engage the services of such legal counsel, technical advisers and assistants as the Commissioner considers necessary for the proper performance of his or her duties and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

• Marginal note:Directions

  (6) The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Part or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

• Marginal note:Transitional

  (7) The Commissioner of the Communications Security Establishment holding office immediately before the coming into force of this section shall continue in office for the remainder of the term for which he or she was appointed.

Marginal note:Mandate

• 273.64 (1) The mandate of the Communications Security Establishment is

  • (a) to acquire and use information from the global information infrastructure for the purpose of providing foreign intelligence, in accordance with Government of Canada intelligence priorities;

  • (b) to provide advice, guidance and services to help ensure the protection of electronic information and of information infrastructures of importance to the Government of Canada; and

  • (c) to provide technical and operational assistance to federal law enforcement and security agencies in the performance of their lawful duties.

• Marginal note:Protection of Canadians

  (2) Activities carried out under paragraphs (1)(a) and (b)

  • (a) shall not be directed at Canadians or any person in Canada; and

  • (b) shall be subject to measures to protect the privacy of Canadians in the use and retention of intercepted information.

• Marginal note:Limitations imposed by law

  (3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies in the performance of their duties.

Marginal note:Ministerial authorization

• 273.65 (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

• Marginal note:Conditions for authorization

  (2) The Minister may only issue an authorization under subsection (1) if satisfied that

  • (a) the interception will be directed at foreign entities located outside Canada;

  • (b) the information to be obtained could not reasonably be obtained by other means;

  • (c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

  • (d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

• Marginal note:Ministerial authorization

  (3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

• Marginal note:Conditions for authorization

  (4) The Minister may only issue an authorization under subsection (3) if satisfied that

  • (a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

  • (b) the information to be obtained could not reasonably be obtained by other means;

  • (c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

  • (d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

  • (e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

• Marginal note:Ministerial conditions

  (5) An authorization made under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information derived from the private communications.

• Marginal note:Canadian Forces

  (6) The Minister of National Defence may issue directions for the Canadian Forces to support the Establishment in carrying out activities authorized under this section.

• Marginal note:Directions not statutory instruments

  (7) Authorizations issued under subsections (1) and (3) and directions issued under subsection (6) are not statutory instruments within the meaning of the Statutory Instruments Act.

• Marginal note:Review of authorizations

  (8) The Commissioner of the Communications Security Establishment shall review activities carried out under an authorization issued under this section to ensure that they are authorized and report annually to the Minister on the review.

• Meaning of “Government of Canada”

  (9) In this section, “Government of Canada” means a federal institution, as defined in subsection 3(1) of the Official Languages Act.

Marginal note:Limits on activities

273.66 The Communications Security Establishment may only undertake activities that are within its mandate, consistent with ministerial direction and, if an authorization is required under section 273.65, consistent with the authorization.

Marginal note:Protection of persons

273.67 Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization under section 273.65 or any person who assists such a person is justified in taking any reasonable action necessary to give effect to the authorization.

Marginal note:Effective period of authorization

• 273.68 (1) An authorization is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.

• Marginal note:Variance or cancellation of authorization

  (2) An authorization may be varied or cancelled in writing at any time.

Marginal note:Exclusion of Part VI of Criminal Code

273.69 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this Part or in relation to a communication so intercepted.

Marginal note:Crown Liability and Proceedings Act

273.7 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of

• (a) the use or disclosure under this Part of any communication intercepted under the authority of a Ministerial authorization under section 273.65; or

• (b) the disclosure under this Part of the existence of such a communication.

Marginal note:Certificate under Canada Evidence Act

• 4.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.

• Marginal note:Certificate following filing of complaint

  (2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:

  • (a) all proceedings under this Part in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;

  • (b) the Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the organization that provided the information.

• Marginal note:Information not to be disclosed

  (3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.

• Marginal note:Power to delegate

  (4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.

Marginal note:Certificate under Canada Evidence Act

• 70.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.

• Marginal note:Certificate following filing of complaint

  (2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,

  • (a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;

  • (b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

  • (c) the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

• Marginal note:Information not to be disclosed

  (3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.

• Marginal note:Limited power of delegation

  (4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.

• Marginal note:Transfer of property

  (3) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2) of the Criminal Code shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property, or any part of the property, that is needed as evidence or is necessary for the purposes of an investigation.

• (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences, enterprise crime offences or terrorism offences, or of any property that is or may be proceeds of crime or offence-related property;

• (a) the forfeiture to Her Majesty of property pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act;

• (i) property forfeited to Her Majesty pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

Marginal note:Offence and punishment

• 3. (1) Any person who contravenes an order or regulation made under this Act is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

  • (b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

• Marginal note:Forfeiture

  (2) Any property dealt with contrary to any order or regulation made under this Act may be seized and detained and is liable to forfeiture at the instance of the Minister of Justice, on proceedings in the Federal Court, or in any superior court, and any such court may make rules governing the procedure on any proceedings taken before the court or a judge thereof under this section.

• Marginal note:Charities Registration (Security Information) Act

  (3) Notwithstanding subsections (1) and (2), if a registered charity is the subject of a certificate that is determined to be reasonable under paragraph 6(1)(d) of the Charities Registration (Security Information) Act, the registration of the charity is revoked as of the making of that determination.

A 

is the total of all amounts each of which is the fair market value of an asset of the charity on the day (in this section referred to as the “valuation day”) that is 120 days before the day on which

• (i) the notice of the Minister’s intention to revoke the charity’s registration is mailed, if the registration is revoked under subsection 168(2), or

• (ii) the charity is, under subsection 5(1) of the Charities Registration (Security Information) Act, served with a copy of a certificate, if the registration is revoked under subsection 168(3).

• (b) who is an official to whom taxpayer information has been provided for a particular purpose under paragraph 241(4)(a), (d), (f), (f.1), (i) or (j.1)

• (f.1) provide taxpayer information to an official solely for the purposes of the administration and enforcement of the Charities Registration (Security Information) Act;

110. Paragraph 10(1)(a) of the Act is replaced by the following:

“Canadian”

« Canadien »

“Canadian” means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a body corporate incorporated and continued under the laws of Canada or a province.