Bill C-19
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PROCEEDS OF CRIME |
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Possession of
property
obtained by
certain
offences
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27. (1) No person shall possess any property
or any proceeds of property knowing that all
or part of the property or proceeds was
obtained or derived directly or indirectly as a
result of
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Punishment
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(2) Every person who contravenes
subsection (1)
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Exception
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(3) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under this section by reason only
that they possess property or the proceeds of
property mentioned in subsection (1) for the
purpose of an investigation or otherwise in the
execution of the peace officer's duties.
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Laundering
proceeds of
certain
offences
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28. (1) No person shall use, transfer the
possession of, send or deliver to any person or
place, transport, transmit, alter, dispose of or
otherwise deal with, in any manner or by any
means, any property or any proceeds of
property with intent to conceal or convert the
property or proceeds and knowing or
believing that all or part of the property or
proceeds was obtained or derived directly or
indirectly as a result of
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Punishment
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(2) Every person who contravenes
subsection (1)
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Exception
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(3) A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under this section by reason only
that they do any of the things mentioned in
subsection (1) for the purpose of an
investigation or otherwise in the execution of
the peace officer's duties.
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Part XII.2 of
Criminal
Code
applicable
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29. (1) 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 this Act.
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Enterprise
crime
offences
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(2) For the purpose of subsection (1), the
references in sections 462.32 to 462.47 of the
Criminal Code to an enterprise crime offence
are deemed to include references to offences
under this Act.
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CRIMES AGAINST HUMANITY FUND |
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Fund
established
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30. (1) There is hereby established a fund,
to be known as the Crimes Against Humanity
Fund, into which shall be paid
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Payment out
of Fund
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(2) The Attorney General of Canada may
make payments out of the Crimes Against
Humanity Fund, with or without a deduction
for costs, to the International Criminal Court,
the Trust Fund established under article 79 of
the Rome Statute, victims of offences under
this Act or of offences within the jurisdiction
of the International Criminal Court, and to the
families of those victims, or otherwise as the
Attorney General of Canada sees fit.
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Regulations
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(3) The Governor in Council may make
regulations respecting the administration and
management of the Crimes Against Humanity
Fund.
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Credits to
Fund
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31. The Minister of Public Works and
Government Services shall pay into the
Crimes Against Humanity Fund
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Partial
exclusion of
Seized
Property
Management
Act
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32. Paragraphs 9(d), (e) and (f) and sections
10, 11 and 13 to 16 of the Seized Property
Management Act do not apply in respect of
any property, proceeds of property or amounts
referred to in section 31.
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CONSEQUENTIAL AMENDMENTS |
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R.S., c. C-29
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Citizenship Act |
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R.S., c. 30
(3rd Supp.),
s. 11(1)
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33. Paragraphs 22(1)(c) and (d) of the
Citizenship Act are replaced by the
following:
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1992, c. 20
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Corrections and Conditional Release Act |
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1998, c. 35,
s. 108
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34. The portion of subsection 17(1) of the
Corrections and Conditional Release Act
after paragraph (d) and before paragraph
(e) is replaced by the following:
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1998, c. 35,
s. 109
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35. The portion of subsection 18(2) of the
Act before paragraph (a) is replaced by the
following:
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Work releases
may be
authorized
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(2) Where an inmate is eligible for
unescorted temporary absences under Part II
or pursuant to section 746.1 of the Criminal
Code, subsection 140.3(2) of the National
Defence Act or subsection 15(2) of the Crimes
Against Humanity Act , and, in the opinion of
the institutional head,
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1998, c. 35,
s. 110
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36. The portion of subsection 107(1) of
the Act before paragraph (a) is replaced by
the following:
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Jurisdiction of
Board
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107. (1) Subject to this Act, the Prisons and
Reformatories Act, the Transfer of Offenders
Act, the National Defence Act, the Crimes
Against Humanity Act and the Criminal Code,
the Board has exclusive jurisdiction and
absolute discretion
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1998, c. 35,
s. 111(1)
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37. (1) The portion of subsection 119(1) of
the Act before paragraph (a) is replaced by
the following:
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Time when
eligible for
day parole
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119. (1) Subject to section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity Act , the portion
of a sentence that must be served before an
offender may be released on day parole is
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1998, c. 35,
111(2)
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(2) Subsection 119(1.1) of the Act is
replaced by the following:
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Time when
eligible for
day parole
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(1.1) Notwithstanding section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity Act , an offender
described in subsection 746.1(1) or (2) of the
Criminal Code or to whom those subsections
apply pursuant to subsection 140.3(2) of the
National Defence Act or subsection 15(2) of
the Crimes Against Humanity Act , shall not, in
the circumstances described in subsection
120.2(2) or (3), be released on day parole until
three years before the day that is determined
in accordance with subsection 120.2(2) or (3).
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1998, c. 35,
s. 111(3)
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(3) The portion of subsection 119(1.2) of
the Act before paragraph (a) is replaced by
the following:
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When eligible
for day
parole -
young
offender
sentenced to
life imprison- ment
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(1.2) Notwithstanding section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity Act , in the
circumstances described in subsection
120.2(2), the portion of the sentence of an
offender described in subsection 746.1(3) of
the Criminal Code or to whom that subsection
applies pursuant to subsection 140.3(2) of the
National Defence Act or subsection 15(2) of
the Crimes Against Humanity Act that must be
served before the offender may be released on
day parole is the longer of
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1998, c. 35,
s. 112
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38. Subsection 120(1) of the Act is
replaced by the following:
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Time when
eligible for
full parole
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120. (1) Subject to sections 746.1 and 761
of the Criminal Code and to any order made
under section 743.6 of that Act, to subsection
140.3(2) of the National Defence Act and to
any order made under section 140.4 of that
Act, and to subsection 15(2) of the Crimes
Against Humanity Act , an offender is not
eligible for full parole until the day on which
the offender has served a period of
ineligibility of the lesser of one third of the
sentence and seven years.
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1998, c. 35,
s. 113(2)
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39. The portion of subsection 120.2(3) of
the Act before paragraph (a) is replaced by
the following:
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Where
reduction of
period of
ineligibility
for parole
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(3) Where, pursuant to section 745.6 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act or subsection 15(2) of
the Crimes Against Humanity Act , there has
been a reduction in the number of years of
imprisonment without eligibility for parole of
an offender referred to in subsection (2), the
offender is not eligible for full parole until the
day on which the offender has served,
commencing on the day on which the
additional sentence was imposed,
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1998, c. 35,
s. 114
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40. Section 120.3 of the Act is replaced by
the following:
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Maximum
period
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120.3 Subject to section 745 of the Criminal
Code, subsection 140.3(1) of the National
Defence Act and subsection 15(1) of the
Crimes Against Humanity Act , where an
offender who is serving a sentence receives an
additional sentence, the day on which the
offender is eligible for full parole shall not be
later than the day on which the offender has
served fifteen years from the day on which the
last of the sentences was imposed.
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41. Schedule I to the Act is amended by
adding the following after section 5:
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6. An offence under any of the following
provisions of the Crimes Against Humanity
Act:
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R.S., c. C-46
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Criminal Code |
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R.S., c. 30
(3rd Supp.),
s. 1(1); 1992,
c. 1, s. 58(1)
(Sch. I,
s. 1(1)), s. 60
(Sch. I,
s. 19)(F)
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42. Subsections 7(3.71) to (3.77) of the
Criminal Code are repealed.
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43. The definition ``offence'' in section
183 of the Criminal Code is amended by
adding, immediately after the reference to
``Export or Import Permits Act,'', a
reference to ``any offence under the Crimes
Against Humanity Act,''.
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44. Section 469 of the Act is amended by
adding the following after paragraph (c):
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Crimes
against
humanity
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R.S., c. 30
(3rd Supp.),
s. 2; 1992, c.
1, s. 60 (Sch.
I, s. 35)(F)
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45. Subsection 607(6) of the Act is
replaced by the following:
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Exception:
foreign trials
in absentia
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(6) A person who is alleged to have
committed an act or omission outside Canada
that is an offence in Canada by virtue of any
of subsections 7(2) to (3.4) or (3.7), or an
offence under the Crimes Against Humanity
Act , and in respect of which the person has
been tried and convicted outside Canada, may
not plead autrefois convict with respect to a
count that charges that offence if
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notwithstanding that the person is deemed by
virtue of subsection 7(6), or subsection 12(1)
of the Crimes Against Humanity Act, as the
case may be, to have been tried and convicted
in Canada in respect of the act or omission.
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46. Section 745 of the Act is amended by
adding the following after paragraph (b):
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