Anti-terrorism Act (S.C. 2001, c. 41)
Full Document:
Assented to 2001-12-18
138. 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, and if, on the day on which this Act receives royal assent, section 80 of the other Act has not had effect and section 111 of this Act is not in force, then section 80 of the other Act is replaced by the following:
80. On the later of the coming into force of subparagraph 11(a)(i) of the Seized Property Management Act, as enacted by section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, and section 79 of this Act, subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:
(i) property forfeited to Her Majesty under 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, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or
Bill C-30
139. (1) If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the “other Act”), receives royal assent, then section 161 of the other Act and the heading before it are replaced by the following:
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
161. Subsection 30(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
Marginal note:Ordinary action
(2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions.
(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 161 of the other Act comes into force.
140. (1) If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the “other Act”), receives royal assent, then paragraph 37(3)(a) of the Canada Evidence Act is replaced by the following:
(a) the Federal Court, 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
(2) Subsection (1) comes into force on the later of the coming into force of section 43 of this Act and paragraph 183(1)(b) of the other Act.
141. (1) Subsections (2) to (7) apply if Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the “other Act”), receives royal assent.
(2) If section 119 of the other Act comes into force before section 43 of this Act, then, on the later of the day on which this Act receives royal assent and the day on which section 119 of the other Act comes into force, paragraph 37.1(1)(a) of the Canada Evidence Act is replaced by the following:
(a) to the Federal Court of Appeal from a determination of the Federal Court; or
(3) If section 43 of this Act comes into force before section 119 of the other Act, then, on the later of the day on which section 43 of this Act comes into force and the day on which the other Act receives royal assent,
(a) section 119 of the other Act is repealed; and
(b) paragraph 37.1(1)(a) of the Canada Evidence Act is replaced by the following:
(a) to the Federal Court of Appeal from a determination of the Federal Court; or
(4) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, the definition “judge” in section 38 of the Canada Evidence Act is replaced by the following:
“judge”
« juge »
“judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under section 38.04.
(5) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, paragraph 38.02(1)(c) of the Canada Evidence Act is replaced by the following:
(c) the fact that an application is made to the Federal Court 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
(6) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, section 38.031 of the Canada Evidence Act is replaced by the following:
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 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 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).
(7) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, section 38.04 of the Canada Evidence Act is replaced by the following:
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 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 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 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 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 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 Chief Administrator of the Courts Administration Service 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 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 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 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.
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