Department of Public Safety and Emergency Preparedness Act (S.C. 2005, c. 10)
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Assented to 2005-03-23
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46Criminal Code
Marginal note:2001, c. 41, s. 4
21. Subsections 83.09(1) and (2) of the Act are replaced by the following:
Marginal note:Exemptions
83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, 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 Minister, or a person designated by him or her, 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:1993, c. 40, s. 5; 1997, c. 18, s. 8
22. The portion of subsection 185(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Application for authorization
185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by
(a) the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
23. The portion of subsection 186(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Renewal of authorization
(6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:
Marginal note:1993, c. 40, s. 7
24. Subsection 187(2) of the Act is replaced by the following:
Marginal note:Order of judge
(2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.
Marginal note:1993, c. 40, s. 14(1)
25. Subsections 196(1) and (2) of the Act are replaced by the following:
Marginal note:Written notification to be given
196. (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.
Marginal note:Extension of period for notification
(2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.
1998, c. 37DNA Identification Act
Marginal note:2000, c. 10, s. 12
26. Section 13.1 of the DNA Identification Act is replaced by the following:
Marginal note:Annual report
13.1 (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year.
Marginal note:Tabling in Parliament
(2) The Minister shall cause the report of the Commissioner to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it.
R.S., c. F-11Financial Administration Act
27. Schedule I to the Financial Administration Act is amended by striking out the following:
Department of the Solicitor General
Ministère du Solliciteur général
28. Schedule I to the Act is amended by adding the following in alphabetical order:
Department of Public Safety and Emergency Preparedness
Ministère de la Sécurité publique et de la Protection civile
1995, c. 39Firearms Act
29. The definition “federal Minister” in subsection 2(1) of the Firearms Act is replaced by the following:
“federal Minister”
« ministre fédéral »
“federal Minister” means the Minister of Public Safety and Emergency Preparedness;
R.S., c. P-21Privacy Act
30. The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”:
Department of the Solicitor General
Ministère du Solliciteur général
31. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”:
Department of Public Safety and Emergency Preparedness
Ministère de la Sécurité publique et de la Protection civile
1991, c. 30Public Sector Compensation Act
32. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”:
Department of the Solicitor General
Ministère du Solliciteur général
33. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments”:
Department of Public Safety and Emergency Preparedness
Ministère de la Sécurité publique et de la Protection civile
Terminology Changes
Marginal note:Replacement of “Solicitor General of Canada”, etc.
34. (1) Unless the context requires otherwise, every reference to “Solicitor General of Canada”, “Solicitor General” or “Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness” is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness” in any Act of Parliament, and more particularly wherever it occurs in the following provisions:
(a) subsection 28(2) of the Canadian Air Transport Security Authority Act;
(b) the definition “Minister” in section 2 of the Canadian Security Intelligence Service Act;
(c) the definition “Minister” in section 3 of the Charities Registration (Security Information) Act;
(d) section 61 of the Controlled Drugs and Substances Act;
(e) the definition “Minister” in subsection 2(1) of the Corrections and Conditional Release Act;
(f) in the Criminal Code,
(i) subparagraph (b)(i) of the definition “justice system participant” in section 2,
(ii) paragraph (a) of the definition “competent authority” in subsection 25.1(1),
(iii) subsection 83.05(1),
(iv) the portion of subsection 83.31(3) before paragraph (a),
(v) subsection 185(2),
(vi) subsection 186(5),
(vii) paragraph 188(1)(a),
(viii) subsections 191(2) and (3),
(ix) the portion of subsection 195(1) before paragraph (a),
(x) subsection 195(4),
(xi) subsection 461(2),
(xii) subsection 667(5),
(xiii) subsection 672.68(1), and
(xiv) Forms 44 and 45;
(g) the definition “Minister” in subsection 2(1) of the Criminal Records Act;
(h) subsection 5(1) of the DNA Identification Act;
(i) paragraph 41(6)(a) of the Employment Equity Act;
(j) subsections 66(4) and (5) of the Excise Act;
(k) subsection 10(1) of the Excise Act, 2001;
(l) in the Extradition Act,
(i) subsection 66(10), and
(ii) subparagraph 77(b)(i);
(m) column II of Schedule I.1 to the Financial Administration Act;
(n) subsection 10.1(4) of the Foreign Missions and International Organizations Act;
(o) in the Immigration and Refugee Protection Act,
(i) the heading before section 76,
(ii) subsection 77(1), and
(iii) subsection 82(1);
(p) the portion of subsection 273.6(2) of the National Defence Act before paragraph (a);
(q) subsection 60.1(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(r) in the Public Sector Pension Investment Board Act,
(i) subsection 4(3),
(ii) subsection 10(1),
(iii) subsection 14(1),
(iv) subsection 25(1),
(v) subsection 36(6),
(vi) subsection 37(3),
(vii) subsection 39(8),
(viii) subsection 44(2),
(ix) subsection 45(1),
(x) section 47, and
(xi) subsection 48(1);
(s) the definition “Minister” in subsection 2(1) of the Royal Canadian Mounted Police Act;
(t) in the Royal Canadian Mounted Police Superannuation Act,
(i) the definition “Minister” in subsection 3(1),
(ii) the portion of subsection 32.12(1) before paragraph (a),
(iii) the portion of subsection 32.13(1) before paragraph (a), and
(iv) section 32.14;
(u) paragraph 4(2)(k) of the Salaries Act;
(v) subsection 6(2) of the Security Offences Act;
(w) section 29 of the Statistics Act;
(x) the definition “Minister” in section 2 of the Transfer of Offenders Act; and
(y) the definition “Minister” in section 2 of the Witness Protection Program Act.
Marginal note:Terminology change — English version
(2) In paragraphs 78(e) and (f) of the English version of the Immigration and Refugee Protection Act, the reference to “Solicitor General of Canada” is replaced by a reference to “Minister of Public Safety and Emergency Preparedness”.
COORDINATING AMENDMENTS
Marginal note:2004, c. 21
35. (1) In this section, “other Act” means the International Transfer of Offenders Act, chapter 21 of the Statutes of Canada, 2004.
(2) If paragraph 34(1)(x) of this Act comes into force before, or on the same day as, section 1 of the other Act, then, on the coming into force of that paragraph 34(1)(x), the definition “Minister” in section 2 of the other Act is replaced by the following:
“Minister”
« ministre »
“Minister” means the Minister of Public Safety and Emergency Preparedness.
(3) If section 1 of the other Act comes into force before the coming into force of paragraph 34(1)(x) of this Act, then, on the coming into force of that section 1 of the other Act, paragraph 34(1)(x) is replaced by the following:
(x) the definition “Minister” in section 2 of the International Transfer of Offenders Act; and
Marginal note:2003, c. 22
36. On the later of the coming into force of section 224 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, and the coming into force of section 8 of this Act, any reference to “public service of Canada” in section 8 of the English version of this Act is replaced by a reference to “federal public administration”.
REPEAL
Marginal note:R.S., c. S-13
37. The Department of the Solicitor General Act is repealed.
COMING INTO FORCE
Marginal note:Order in council
38. This Act, other than sections 35 and 36, comes into force on a day to be fixed by order of the Governor in Council.
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