Marginal note:Factors to be considered
12. The following factors shall be considered in determining whether information about a person should be disclosed under section 11:
(a) the reasons for the disclosure;
(b) the danger or adverse consequences of the disclosure in relation to the person and the integrity of the Program;
(c) the likelihood that the information will be used solely for the purpose for which the disclosure is made;
(d) whether the need for the disclosure can be effectively met by another means; and
(e) whether there are effective means available to prevent further disclosure of the information.
Marginal note:Use of new identity
13. A person whose identity has been changed as a consequence of the protection provided under the Program shall not be liable or otherwise punished for making a claim that the new identity is and has been the person’s only identity.
AGREEMENTS AND ARRANGEMENTS WITH OTHER JURISDICTIONS
Marginal note:Commissioner’s agreements
14. (1) The Commissioner may enter into an agreement
(a) with a law enforcement agency to enable a witness who is involved in activities of the law enforcement agency to be admitted to the Program;
(b) with the Attorney General of a province in respect of which an arrangement has been entered into under section 20 of the Royal Canadian Mounted Police Act to enable a witness who is involved in activities of the Force in that province to be admitted to the Program; and
(c) with any provincial authority in order to obtain documents and other information that may be required for the protection of a protectee.
Marginal note:Ministerial arrangements
(2) The Minister may enter into a reciprocal arrangement with the government of a foreign jurisdiction to enable a witness who is involved in activities of a law enforcement agency in that jurisdiction to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration nor admitted to the Program without the consent of the Minister.
(3) The Minister may enter into an arrangement with an international criminal court or tribunal to enable a witness who is involved in activities of that court or tribunal to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration, nor admitted to the Program without the consent of the Minister.
- 1996, c. 15, s. 14;
- 2000, c. 24, s. 74.
Marginal note:Commissioner’s powers
15. The Commissioner’s powers under this Act, other than those that may be exercised in the circumstances referred to in paragraphs 11(3)(b) to (d), may be exercised on behalf of the Commissioner by any member of the Force authorized to do so but, where a decision is to be taken
(a) whether to admit a witness to the Program in circumstances other than those described in paragraph (b), the member making the decision shall be an officer of the Force who holds a rank no lower than Chief Superintendent; and
(b) whether to admit a witness to the Program pursuant to an agreement under paragraph 14(1)(a) or an arrangement under subsection 14(2) or (3) or to change the identity of a protectee or terminate the protection provided to a protectee, the member making the decision shall be the Assistant Commissioner who is designated by the Commissioner as being responsible for the Program.
- 1996, c. 15, s. 15;
- 2000, c. 24, s. 75(E).
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