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| Notice for
disclosure of
information
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16. (1) The Minister may send a notice to
any person who the Minister believes on
reasonable grounds has information or
documents relevant to the enforcement of this
Act, requesting the person to provide the
information or documents to the Minister.
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| Compliance
with notice
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(2) A person who receives a notice referred
to in subsection (1) shall provide the requested
information and documents to the Minister in
the form and within the time specified in the
notice.
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| Privileged
information
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17. (1) Information and documents
obtained pursuant to this Act or the
Convention are privileged.
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| Exception
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(2) Information and documents are not
privileged to the extent that they are required
to be disclosed or communicated for the
purposes of an emergency involving public
safety.
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| Prohibition
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(3) No person in possession of privileged
information or documents shall knowingly,
without the written consent of the person from
whom they were obtained, communicate them
or allow them to be communicated to any
person, or allow any person to have access to
them, except
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(a) for the purpose of the enforcement of
this Act or of giving effect to the
Convention; or
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(b) pursuant to an obligation of the
Government of Canada under the
Convention.
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| Evidence in
legal
proceedings
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(4) Notwithstanding any other Act or law,
no person shall be required, in connection with
any legal proceedings, to produce any
statement or other record containing
privileged information or documents, or to
give evidence relating to them, unless the
proceedings relate to the enforcement of this
Act.
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| Regulations
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18. The Governor in Council may make
regulations for carrying out and giving effect
to the provisions of the Convention and,
without limiting the generality of the
foregoing, may make regulations
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(a) prescribing conditions under which
activities referred to in subsection 8(1) may
be carried on, providing for the issue,
suspension and cancellation of licences
governing the carrying on of any such
activity and prescribing the fees or the
manner of calculating the fees to be paid in
respect of any such licence;
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(b) respecting the procedures to be followed
by representatives of the National
Authority in exercising their functions
under this Act; and
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(c) prescribing anything that by this Act is
to be prescribed.
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| Publication
required
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19. The Minister shall, as soon as
practicable after any amendment to the
Convention is made pursuant to Article XV of
the Convention, cause a copy of the
amendment to be published in the Canada
Gazette.
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| Punishment
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20. Every person who contravenes any
provision of this Act is guilty of an offence and
liable
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(a) on summary conviction, to a fine not
exceeding $5,000 or to imprisonment for a
term not exceeding eighteen months, or to
both; or
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(b) on conviction on indictment, to a fine
not exceeding $500,000 or to imprisonment
for a term not exceeding five years, or to
both.
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| Criminal
Code
provisions
apply
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21. For greater certainty, the provisions of
the Criminal Code apply for the purposes of
enforcing this Act.
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| Offence
outside
Canada
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22. Every individual who commits, outside
Canada, an act or omission that would, if
committed in Canada, be an offence under this
Act, shall, if the individual is a Canadian
citizen or a permanent resident within the
meaning of section 2 of the Immigration Act,
be deemed to have committed that act or
omission in Canada.
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| Forfeiture
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23. (1) Where a person has been convicted
of an offence under this Act, any thing seized
by means of which or in respect of which the
offence was committed is forfeited to Her
Majesty in right of Canada and shall be
disposed of as the Minister directs.
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| Forfeiture
with consent
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(2) Where any thing has been seized by
means of which or in respect of which an
offence has been committed under this Act
and the owner of the thing, or the person in
whose possession the thing was at the time of
seizure, consents in writing to its forfeiture,
the thing is forfeited to Her Majesty in right of
Canada and shall be disposed of as the
Minister directs.
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| Limitation
period for
summary
conviction
offences
|
24. Proceedings by way of summary
conviction may be instituted at any time
within, but not later than, two years after the
day on which the subject-matter of the
proceedings arose.
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| Continuing
offence
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25. Where an offence under this Act is
committed or continued on more than one day,
the person who committed the offence is liable
to be convicted for a separate offence for each
day on which the offence is committed or
continued.
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| Venue
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26. A complaint or an information in
respect of an offence under this Act may be
dealt with by any competent court of criminal
jurisdiction if the accused is resident or
carrying on business within the territorial
jurisdiction of that court, even though the
subject-matter of the complaint or
information did not arise in that territorial
jurisdiction.
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| Coming into
force
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27. This Act or any provision of this Act
comes into force on a day or days to be fixed
by order of the Governor in Council.
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