Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
PART 7COORDINATING, REVIEW AND COMMENCEMENT PROVISIONS
Coordinating Amendments
Bill C-11
128. If Bill C-11, introduced in the 1st Session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent, then, on the later of the coming into force of paragraph 274(a) of the other Act and section 102 of this Act, the definition “Canadian” in section 273.61 of the National Defence 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.
Bill C-15B
129. If Bill C-15B of the 1st Session of the 37th Parliament, entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act (the “other Act”), receives royal assent, then
(a) section 96 of this Act and the heading before it are repealed if section 52 of the other Act comes into force before section 96 of this Act comes into force; and
(b) section 52 of the other Act is repealed if section 96 of this Act comes into force before section 52 of the other Act comes into force.
Bill C-24
130. (1) Subsections (2) to (9) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent.
(2) If subsection 1(5) of the other Act comes into force before subsection 2(2) of this Act, then, on the later of the day on which subsection 1(5) of the other Act comes into force and the day on which this Act receives royal assent, the definition “justice system participant” in section 2 of the Criminal Code, as enacted by subsection 2(2) of this Act, is repealed.
(3) If subsection 12(2) of the other Act comes into force before section 14 of this Act, then section 14 of this Act is repealed on the later of the coming into force of subsection 12(2) of the other Act and the day on which this Act receives royal assent.
(4) If subsection 12(2) of the other Act comes into force on the same day as section 14 of this Act, then subsection 12(2) of the other Act is deemed to have come into force before section 14 of this Act and subsection (3) applies.
(5) If subsection 26(1) of the other Act comes into force before section 15 of this Act, then, on the later of the day on which subsection 26(1) of the other Act comes into force and the day on which this Act receives royal assent, section 15 of this Act is replaced by the following:
15. Subsection 462.48(1.1) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) a terrorism offence.
(6) If section 30 of the other Act comes into force before section 18 of this Act, then, on the later of the day on which section 30 of the other Act comes into force and the day on which this Act receives royal assent, section 18 of this Act is repealed.
(7) If section 30 of the other Act comes into force on the same day as section 18 of this Act, then section 30 of the other Act is deemed to have come into force before section 18 of this Act and subsection (6) applies.
(7.1) If section 18 of this Act comes into force before section 30 of the other Act, then, on the day on which section 30 of the other Act comes into force, subsection 490.1(1.1) of the Criminal Code is repealed.
(7.2) If subsection 12(2) of the other Act comes into force before section 28 of the Security of Information Act, as enacted by section 29 of this Act, then section 28 of the Security of Information Act is repealed on the later of the coming into force of subsection 12(2) of the other Act and the day on which this Act receives royal assent.
(7.3) If subsection 12(2) of the other Act comes into force on the same day as, or on a day that is after, the day on which section 28 of the Security of Information Act, as enacted by section 29 of this Act, comes into force, then, on the day on which subsection 12(2) of the other Act comes into force, section 28 of the Security of Information Act is repealed.
(8) If subsection 12(2) of the other Act comes into force before section 33 of this Act, then section 33 of this Act is repealed on the later of the coming into force of subsection 12(2) of the other Act and the day on which this Act receives royal assent.
(9) If subsection 12(2) of the other Act comes into force on the same day as section 33 of this Act, then subsection 12(2) of the other Act is deemed to have come into force before section 33 of this Act and subsection (8) applies.
131. (1) Subsection (2) applies if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent.
(2) If subsection 2(2) of this Act comes into force before subsection 1(5) of the other Act, then, on the later of the day on which subsection 2(2) of this Act comes into force and the day on which the other Act receives royal assent,
(a) section 1 of the other Act is amended by adding the following after subsection (1):
(1.1) The definition “justice system participant” in section 2 of the Act is amended by adding the following after subparagraph (b)(viii):
(viii.1) a public officer within the meaning of subsection 25.1(1) and a person acting at the direction of such an officer,
(b) subsection 1(5) of the other Act is replaced by the following:
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
“serious offence”
« infraction grave »
“serious offence” has the same meaning as in subsection 467.1(1);
132. (1) If Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then section 70 of the other Act and the heading before it are replaced by the following:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Marginal note:2000, c. 24, s. 76.1(1)
70. The definition “money laundering offence” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
“money laundering offence”
« infraction de recyclage des produits de la criminalité »
“money laundering offence” means an offence under subsection 462.31(1) of the Criminal Code.
(2) Subsection (1) comes into force on the day on which this Act receives royal assent, but only if that day is before the day on which section 70 of the other Act comes into force.
133. (1) Subsections (2) to (21) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the “other Act”), receives royal assent.
(2) If section 4 of the other Act comes into force after section 5 of this Act, then, on the day on which section 4 of the other Act comes into force, the definition “offence” in section 183 of the Criminal Code is amended by
(a) adding the following after subparagraph (a)(xii):
(xii.1) section 83.02 (providing or collecting property for certain activities),
(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),
(xii.3) section 83.04 (using or possessing property for terrorist purposes),
(xii.4) section 83.18 (participation in activity of terrorist group),
(xii.5) section 83.19 (facilitating terrorist activity),
(xii.6) section 83.2 (commission of offence for terrorist group),
(xii.7) section 83.21 (instructing to carry out activity for terrorist group),
(xii.8) section 83.22 (instructing to carry out terrorist activity),
(xii.9) section 83.23 (harbouring or concealing),
(b) adding the following after subparagraph (a)(lxxii):
(lxxii.1) section 424.1 (threat against United Nations or associated personnel),
(c) adding the following after subparagraph (a)(lxxv):
(lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),
(lxxv.2) subsection 431.2(2) (explosive or other lethal device),
(d) replacing the portion after paragraph (j) with the following:
and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2;
(3) If section 4 of the other Act comes into force on the same day as section 5 of this Act, then section 5 of this Act is deemed to have come into force before section 4 of the other Act and subsection (2) applies.
(4) If section 4 of the other Act comes into force before section 5 of this Act, then, on the later of the day on which section 4 of the other Act comes into force and the day on which this Act receives royal assent, section 5 of this Act is repealed and the definition “offence” in section 183 of the Criminal Code is amended by
(a) adding the following after subparagraph (a)(xii):
(xii.1) section 83.02 (providing or collecting property for certain activities),
(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),
(xii.3) section 83.04 (using or possessing property for terrorist purposes),
(xii.4) section 83.18 (participation in activity of terrorist group),
(xii.5) section 83.19 (facilitating terrorist activity),
(xii.6) section 83.2 (commission of offence for terrorist group),
(xii.7) section 83.21 (instructing to carry out activity for terrorist group),
(xii.8) section 83.22 (instructing to carry out terrorist activity),
(xii.9) section 83.23 (harbouring or concealing),
(b) adding the following after subparagraph (a)(lxxii):
(lxxii.1) section 424.1 (threat against United Nations or associated personnel),
(c) adding the following after subparagraph (a)(lxxv):
(lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel),
(lxxv.2) subsection 431.2(2) (explosive or other lethal device),
(d) replacing the portion after paragraph (j) with the following:
and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition “terrorism offence” in section 2;
(5) If section 4 of the other Act comes into force after section 31 of this Act, then, on the day on which section 4 of the other Act comes into force, paragraph (j) of the definition “offence” in section 183 of the Criminal Code is replaced by the following:
(j) any offence under the Security of Information Act,
(6) If section 4 of the other Act comes into force on the same day as section 31 of this Act, then section 31 of this Act is deemed to have come into force before section 4 of the other Act and subsection (5) applies.
(7) If section 4 of the other Act comes into force before section 31 of this Act, then, on the later of the day on which section 4 of the other Act comes into force and the day on which this Act receives royal assent,
(a) section 31 of this Act is repealed; and
(b) paragraph (j) of the definition “offence” in section 183 of the Criminal Code is replaced by the following:
(j) any offence under the Security of Information Act,
(8) On the later of the coming into force of section 6 of this Act and section 5 of the other Act, subsection 185(1.1) of the Criminal Code is replaced by the following:
Marginal note:Exception for criminal organizations and terrorist groups
(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 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
(8.1) On the later of the coming into force of section 6.1 of this Act and section 6 of the other Act, subsection 186(1.1) of the Criminal Code is replaced by the following:
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 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
(9) On the later of the coming into force of section 7 of this Act and section 7 of the other Act, section 186.1 of the Criminal Code is replaced by the following:
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 467.11, 467.12 or 467.13;
(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or
(c) a terrorism offence.
(10) On the later of the coming into force of section 8 of this Act and section 8 of the other Act, subsection 196(5) of the Criminal Code is replaced by the following:
Marginal note:Exception for criminal organizations and terrorist groups
(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 467.11, 467.12 or 467.13,
(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.
(11) If section 15 of this Act comes into force before subsection 26(1) of the other Act, then, on the day on which subsection 26(1) of the other Act comes into force, subsection 462.48(1.1) of the Criminal Code, as enacted by subsection 26(1) of the other Act, is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) a terrorism offence.
(12) If subsection 29(2) of the other Act comes into force before subsection 16(1) of this Act, then, on the day on which subsection 16(1) of this Act comes into force, subsection 486(2.102) of the Criminal Code is replaced by the following:
Marginal note:Offences
(2.102) The offences for the purposes of subsection (2.101) are
(a) an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;
(b) a terrorism offence;
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and
(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
(13) If subsection 16(1) of this Act comes into force before subsection 29(2) of the other Act, then, on the day on which subsection 29(2) of the other Act comes into force, subsections 486(2.101) and (2.102) of the Criminal Code are replaced by the following:
Marginal note:Testimony outside court room
(2.101) Notwithstanding section 650, where an accused is charged with an offence referred to in subsection (2.102), the presiding judge or justice, as the case may be, may order that any witness testify
(a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and
(b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.
Marginal note:Offences
(2.102) The offences for the purposes of subsection (2.101) are
(a) an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;
(b) a terrorism offence;
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and
(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
(14) On the later of the coming into force of subsection 16(2) of this Act and subsection 29(3) of the other Act, subsections 486(4.1) and (4.11) of the Criminal Code are replaced by the following:
Marginal note:Ban on publication, etc.
(4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness — or, in the case of an offence referred to in subsection (4.11), the identity of a justice system participant who is involved in the proceedings — or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.
Marginal note:Offences
(4.11) The offences for the purposes of subsection (4.1) are
(a) an offence under section 423.1 or a criminal organization offence;
(b) a terrorism offence;
(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and
(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
(15) On the later of the coming into force of subsection 19(1) of this Act and subsection 37(1) of the other Act, subsection 515(4.1) of the Criminal Code is replaced by the following:
Marginal note:Condition prohibiting possession of firearms, etc.
(4.1) When making an order under subsection (2), in the case of an accused who is charged with
(a) an offence in the commission of which violence against a person was used, threatened or attempted,
(a.1) a terrorism offence,
(b) an offence under section 264 (criminal harassment),
(b.1) an offence under section 423.1 (intimidation of a justice system participant),
(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,
(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or
(e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to on offence under subsection 20(1) of that Act,
the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.
(16) On the later of the coming into force of subsection 19(2) of this Act and subsection 37(2) of the other Act, the portion of subsection 515(4.2) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Additional conditions
(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order
(17) On the later of the coming into force of subsection 19(3) of this Act and subsection 37(2) of the other Act, paragraph 515(4.3)(b) of the Criminal Code is replaced by the following:
(b) an offence described in section 264 or 423.1;
(18) On the later of the coming into force of section 21 of this Act and section 45 of the other Act, subsection 743.6(1.2) of the Criminal Code is replaced by the following:
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 or an offence under section 467.11, 467.12 or 467.13, 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.
(19) On the later of the coming into force of subsection 22(1) of this Act and subsection 46(1) of the other Act, subsection 810.01(1) of the Criminal Code is replaced by the following:
Marginal note:Fear of certain offences
810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1, a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.
(20) Subsection 22(2) of this Act is repealed if subsection 46(2) of the other Act comes into force before subsection 22(2) of this Act comes into force.
(21) Subsection 46(2) of the other Act is repealed if subsection 22(2) of this Act comes into force before subsection 46(2) of the other Act comes into force.
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