SUMMARY

The enactment amends the Criminal Code by

    (a) providing additional protection to members of the Senate and the House of Commons and persons who play a role in the administration of criminal justice from certain acts of intimidation directed against them or their families;

    (b) providing law enforcement officers and other persons acting at their direction with circumscribed protection from criminal liability for certain otherwise illegal acts committed in the course of an investigation or enforcement of an Act of Parliament;

    (c) extending the application of its proceeds of crime provisions to indictable offences under the Criminal Code and other Acts of Parliament, with a few exceptions;

    (d) extending the application of its provisions relating to offence-related property to indictable offences under the Criminal Code;

    (e) providing for the management, by judicial order, of proceeds of crime and offence-related property, whether seized or restrained; and

    (f) providing broader measures for investigation and prosecution in connection with organized crime by expanding the concepts of criminal organization and criminal organization offence and by creating three new offences relating to participation in the activities - legal and illegal - of criminal organizations, and to the actions of their leaders.

The enactment also amends the Mutual Legal Assistance in Criminal Matters Act to allow the enforcement in Canada of search warrants, restraint orders and orders of forfeiture from foreign jurisdictions.

EXPLANATORY NOTES

Criminal Code

Clause 1: (1) to (4) The definitions ``criminal organization'', ``criminal organization offence'' and ``offence-related property'' in section 2 read as follows:

``criminal organization'' means any group, association or other body consisting of five or more persons, whether formally or informally organized,

      (a) having as one of its primary activities the commission of an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, and

      (b) any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;

``criminal organization offence'' means

      (a) an offence under section 467.1 or an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more, or

      (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

``offence-related property'' means any property, within or outside Canada,

      (a) by means of or in respect of which a criminal organization offence is committed,

      (b) that is used in any manner in connection with the commission of a criminal organization offence, or

      (c) that is intended for use for the purpose of committing a criminal organization offence,

    but does not include real property, other than real property built or significantly modified for the purpose of facilitating the commission of a criminal organization offence;

(5) and (6) New.

Clause 2: New.

Clause 3: Subsection 82(2) reads as follows:

(2) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance for the benefit of, at the direction of or in association with a criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Clause 4: The definition ``offence'' in section 183 reads as follows:

``offence'' means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to section 47 (high treason), 51 (intimidating Parliament or a legislature), 52 (sabotage), 57 (forgery, etc.), 61 (sedition), 76 (hijacking), 77 (endangering safety of aircraft or airport), 78 (offensive weapons, etc., on aircraft), 78.1 (offences against maritime navigation or fixed platforms), 80 (breach of duty), 81 (using explosives), 82 (possessing explosive), 96 (possession of weapon obtained by commission of offence), 99 (weapons trafficking), 100 (possession for purpose of weapons trafficking), 102 (making automatic firearm), 103 (importing or exporting knowing it is unauthorized), 104 (unauthorized importing or exporting), 119 (bribery, etc.), 120 (bribery, etc.), 121 (fraud on government), 122 (breach of trust), 123 (municipal corruption), 132 (perjury), 139 (obstructing justice), 144 (prison breach), 163.1 (child pornography), 184 (unlawful interception), 191 (possession of intercepting device), 235 (murder), 264.1 (uttering threats), 267 (assault with a weapon or causing bodily harm), 268 (aggravated assault), 269 (unlawfully causing bodily harm), 271 (sexual

assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), 273 (aggravated sexual assault), 279 (kidnapping), 279.1 (hostage taking), 280 (abduction of person under sixteen), 281 (abduction of person under fourteen), 282 (abduction in contravention of custody order), 283 (abduction), 318 (advocating genocide), 327 (possession of device to obtain telecommunication facility or service), 334 (theft), 342 (theft, forgery, etc., of credit card), 342.1 (unauthorized use of computer), 342.2 (possession of device to obtain computer service), 344 (robbery), 346 (extortion), 347 (criminal interest rate), 348 (breaking and entering),354 (possession of property obtained by crime), 356 (theft from mail), 367 (forgery), 368 (uttering forged document), 372 (false messages), 380 (fraud), 381 (using mails to defraud), 382 (fraudulent manipulation of stock exchange transactions), 424 (threat to commit offences against internationally protected person), 426 (secret commissions), 430 (mischief), 431 (attack on premises, residence or transport of internationally protected person), 433 (arson), 434 (arson), 434.1 (arson), 435 (arson for fraudulent purpose), 449 (making counterfeit money), 450 (possession, etc., of counterfeit money), 452 (uttering, etc., counterfeit money), 462.31 (laundering proceeds of crime) or 467.1 (participation in criminal organization), subsection 145(1) (escape, etc.), 201(1) (keeping gaming or betting house), 210(1) (keeping common bawdy house), 212(1) (procuring), 212(2) (procuring), 212(2.1) (aggravated offence in relation to living on the avails of

prostitution of a person under the age of eighteen years), 212(4) (offence _ prostitution of person under eighteen) or 462.33(11) (acting in contravention of restraint order), or paragraph 163(1)(a) (obscene materials) or 202(1)(e) (pool-selling, etc.) of this Act, section 45 (conspiracy) of the Competition Act in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act, section 47 (bid-rigging) or subsection 52.1(3) (deceptive telemarketing) of that Act, section 5 (trafficking), 6 (importing and exporting), 7 (production), 8 (possession of property obtained by designated substance offences) or 9 (laundering proceeds of designated substance offences) of the Controlled Drugs and Substances Act, section 153 (false statements), 159 (smuggling), 163.1 (possession of property obtained by smuggling, etc.) or 163.2 (laundering proceeds of smuggling, etc.) of the Customs Act, sections 94.1 and 94.2 (organizing entry into Canada), 94.4 (disembarking persons at sea) and 94.5 (counselling false statements) of the Immigration Act, section 126.1 (possession of property obtained by excise offences), 126.2 (laundering proceeds of excise offences), 158 (unlawful distillation of spirits) or 163 (unlawful selling of spirits) or subsection 233(1) (unlawful packaging or stamping) or 240(1) (unlawful possession or sale of manufactured tobacco or cigars) of the Excise Act, section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act, section 3 (bribing a foreign public official), section 4 (possession of property) or section 5 (laundering proceeds of the offence) of the Corruption of Foreign Public Officials Act, section 3 (spying) of the Official Secrets Act, section 13 (export or attempt to export), 14 (import or attempt to import), 15 (diversion, etc.), 16 (no transfer of permits), 17 (false information) or 18 (aiding and abetting) of the Export and Import Permits Act, or any other offence created by this Act for which an offender may be sentenced to imprisonment for five years or more that there are reasonable grounds to believe is part of a pattern of criminal activity planned and organized by a number of persons acting in concert or any other offence created by this or any other Act of Parliament for which an offender may be sentenced to imprisonment for five years or more that there are reasonable grounds to believe is committed for the benefit of, at the direction of or in association with a criminal organization;

Clause 5: Subsection 185(1.1) reads as follows:

(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 467.1; or

    (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.

Clause 6: Subsection 186(1.1) reads as follows:

(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 467.1; or

    (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.

Clause 7: Section 186.1 reads as follows:

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 467.1; or

    (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization.

Clause 8: Subsection 196(5) reads as follows:

(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 467.1, or

    (b) an offence committed for the benefit of, at the direction of or in association with a criminal organization,

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.

Clause 9: (1) Subsection 231(6.1) reads as follows:

(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 81 for the benefit of, at the direction of or in association with a criminal organization.

(2) New.

Clause 10: Subsection 423(1) reads as follows:

423. (1) Every one who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he has a lawful right to do, or to do anything that he has a lawful right to abstain from doing,

    (a) uses violence or threats of violence to that person or his spouse or common-law partner or children, or injures his property,

    (b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or a relative of his, or that the property of any of them will be damaged,

    (c) persistently follows that person about from place to place,

    (d) hides any tools, clothes or other property owned or used by that person, or deprives him of them or hinders him in the use of them,

    (e) with one or more other persons, follows that person, in a disorderly manner, on a highway,

    (f) besets or watches the dwelling-house or place where that person resides, works, carries on business or happens to be, or

    (g) blocks or obstructs a highway,

is guilty of an offence punishable on summary conviction.

Clause 11: New.

Clause 12: (2) to (5) The definitions ``designated substance offence'', ``enterprise crime offence'' and ``proceeds of crime'' in subsection 462.3(1) reads as follows:

``designated substance offence'' means

      (a) an offence under Part I of the Controlled Drugs and Substances Act, except subsection 4(1) of that Act, or

      (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

``enterprise crime offence'' means

      (a) an offence against any of the following provisions, namely,

        (i) subsection 99(1) (weapons trafficking),

        (i.1) subsection 100(1) (possession for purpose of weapons trafficking),

        (i.2) subsection 102(1) (making automatic firearm),

        (i.3) subsection 103(1) (importing or exporting knowing it is unauthorized),

        (i.4) subsection 104(1) (unauthorized importing or exporting),

        (i.5) section 119 (bribery of judicial officers, etc.),

        (ii) section 120 (bribery of officers),

        (iii) section 121 (frauds on the government),

        (iv) section 122 (breach of trust by public officer),

        (iv.1) section 123 (municipal corruption),

        (iv.2) section 124 (selling or purchasing office),

        (iv.3) section 125 (influencing or negotiating appointments or dealing in offices),

        (v) section 163 (corrupting morals),

        (v.1) section 163.1 (child pornography),

        (vi) subsection 201(1) (keeping gaming or betting house),

        (vii) section 202 (betting, pool-selling, book-making, etc.),

        (vii.1) paragraph 206(1)(e) (money increment schemes, etc.),

        (viii) section 210 (keeping common bawdy-house),

        (ix) section 212 (procuring),

        (x) section 235 (punishment for murder),

        (xii) section 344 (punishment for robbery),

        (xiii) section 346 (extortion),

        (xiii.1) section 347 (criminal interest rate),

        (xiv) section 367 (punishment for forgery),

        (xv) section 368 (uttering forged document),

        (xvi) section 380 (fraud),

        (xvii) section 382 (fraudulent manipulation of stock exchange transactions),

        (xvii.1) section 394 (fraud in relation to valuable minerals),

        (xvii.2) section 394.1 (possession of stolen or fraudulently obtained valuable minerals),(xviii) section 426 (secret commissions),

        (xix) section 433 (arson),

        (xx) section 449 (making counterfeit money),

        (xxi) section 450 (possession, etc., of counterfeit money),

        (xxii) section 452 (uttering, etc., counterfeit money),

        (xxiii) section 462.31 (laundering proceeds of crime), or

        (xxiv) section 467.1 (participation in criminal organization),

      (a.1) any indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more,

      (b) an offence against subsection 96(1) (possession of weapon obtained by commission of offence) or section 354 (possession of property obtained by crime), committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

        (i) the commission in Canada of an offence referred to in paragraph (a) or (a.1) or a designated substance offence, or

        (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a) or (a.1) or a designated substance offence,

      (b.1) an offence against section 126.1 or 126.2 or subsection 233(1) or 240(1) of the Excise Act, section 153, 159, 163.1 or 163.2 of the Customs Act or subsection 52.1(9) of the Competition Act, or

      (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (a.1), (b) or (b.1);

``proceeds of crime'' means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of

      (a) the commission in Canada of an enterprise crime offence or a designated substance offence, or

      (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence or a designated substance offence.

(6) and (7) New.

Clause 13: Subsection 462.31(1) reads as follows:

462.31 (1) Every one commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission in Canada of an enterprise crime offence or a designated substance offence; or

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence or a designated substance offence.

Clause 14: (1) Subsection 462.32(1) reads as follows:

462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.

(2) New.

Clause 15: (1) Subsection 462.33(3) reads as follows:

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of an enterprise crime offence alleged to have been committed within the province in which the judge has jurisdiction, make an order

    (a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order; and

    (b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,

      (i) appointing a person to take control of and to manage or otherwise deal with all or part of that property in accordance with the directions of the judge, which power to manage or otherwise deal with all or part of that property includes, in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property, and

      (ii) requiring any person having possession of that property to give possession of the property to the person appointed under subparagraph (i).

(2) Subsection 462.33(3.1) reads as follows:

(3.1) Where the Attorney General of Canada so requests, a judge appointing a person under subparagraph 462.33(3)(b)(i) shall appoint the Minister of Public Works and Government Services.

(3) Subsection 462.33(7) reads as follows:

(7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and execution of the order.

Clause 16: New.

Clause 17: (1) and (2) The relevant portion of subsection 462.34(6) reads as follows:

(6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied

    (a) where the application is made by

      (i) a person charged with an enterprise crime offence or a designated substance offence, or

      . . .

that a warrant should not have been issued pursuant to section 462.32 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, or

    (b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in an enterprise crime offence or designated substance offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

(3) Subsection 462.34(7) reads as follows:

(7) Section 354 of this Act and subsection 8(1) of the Controlled Drugs and Substances Act do not apply to a person who comes into possession of any property or thing that, pursuant to an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

Clause 18: Section 462.36 reads as follows:

462.36 Where a judge issues a warrant under section 462.32 or makes a restraint order under section 462.33 in respect of any property, the clerk of the court shall, when an accused is ordered to stand trial for an enterprise crime offence, cause to be forwarded to the clerk of the court to which the accused has been ordered to stand trial a copy of the report filed pursuant to paragraph 462.32(4)(b) or of the restraint order in respect of the property.

Clause 19: Subsection 462.37(2.1) is new. Subsections 462.37(1) and (2) read as follows:

462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of an enterprise crime offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the enterprise crime offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

(2) Where the evidence does not establish to the satisfaction of the court that the enterprise crime offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

Clause 20: (1) Subsection 462.38(1) reads as follows:

462.38 (1) Where an information has been laid in respect of an enterprise crime offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

(2) The relevant portion of subsection 462.38(2) reads as follows:

(2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that

    . . .

    (b) proceedings in respect of an enterprise crime offence committed in relation to that property were commenced, and

    . . .

order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

(3) New.

(4) The relevant portion of subsection 462.38(3) reads as follows:

(3) For the purposes of this section, a person shall be deemed to have absconded in connection with an enterprise crime offence if

Clause 21: Section 462.39 reads as follows:

462.39 For the purpose of subsection 462.37(1) or 462.38(2), the court may infer that property was obtained or derived as a result of the commission of an enterprise crime offence where evidence establishes that the value, after the commission of that offence, of all the property of the person alleged to have committed the offence exceeds the value of all the property of that person before the commission of that offence and the court is satisfied that the income of that person from sources unrelated to enterprise crime offences or designated substance offences committed by that person cannot reasonably account for such an increase in value.

Clause 22: (1) The relevant portion of subsection 462.41(2) reads as follows:

(2) A notice given under subsection (1) shall

    . . .

    (c) set out the enterprise crime offence charged and a description of the property.

(2) The relevant portion of subsection 462.41(3) reads as follows:

(3) Where a court is satisfied that any person, other than

    (a) a person who is charged with, or was convicted of, an enterprise crime offence or a designated substance offence, or

Clause 23: (1) The relevant portion of subsection 462.42(1) reads as follows:

462.42 (1) Where any property is forfeited to Her Majesty under subsection 462.37(1) or 462.38(2), any person who claims an interest in the property, other than

    (a) a person who is charged with, or was convicted of, an enterprise crime offence or a designated substance offence that was committed in relation to the property forfeited, or

    . . .

may, within thirty days after that forfeiture, apply by notice in writing to a judge for an order under subsection (4).

(2) Subsection 462.42(4) reads as follows:

(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any enterprise crime offence or designated substance offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.

Clause 24: New.

Clause 25: Section 462.47 reads as follows:

462.47 For greater certainty but subject to section 241 of the Income Tax Act, a person is justified in disclosing to a peace officer or the Attorney General any facts on the basis of which that person reasonably suspects that any property is proceeds of crime or that any person has committed or is about to commit an enterprise crime offence or a designated substance offence.

Clause 26: (1) Subsection 462.48(1.1) is new. Subsection 462.48(1) reads as follows:

462.48 (1) The Attorney General may, for the purposes of an investigation in relation to

    (a) a designated substance offence,

    (b) an offence against section 354 or 462.31 where the offence is alleged to have been committed in relation to any property, thing or proceeds obtained or derived directly or indirectly as a result of

      (i) the commission in Canada of a designated substance offence, or

      (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated substance offence, or

    (c) an offence against section 467.1 or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, such an offence,

make an application in accordance with subsection (2) for an order for disclosure of information under subsection (3).

(2) and (3) The relevant portion of subsection 462.48(2) reads as follows:

(2) An application under subsection (1) shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or a person specially designated by the Attorney General for that purpose deposing to the following matters, namely,

    . . .

    (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of an offence referred to in paragraph (1)(a), (b) or (c) and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to the investigation for the purposes of which the application is made.

(4) The relevant portion of subsection 462.48(3) reads as follows:

(3) Where the judge to whom an application under subsection (1) is made is satisfied

Clause 27: Sections 467.11 to 467.14 are new. Section 467.1 reads as follows:

467.1 (1) Every one who

    (a) participates in or substantially contributes to the activities of a criminal organization knowing that any or all of the members of the organization engage in or have, within the preceding five years, engaged in the commission of a series of indictable offences under this or any other Act of Parliament for each of which the maximum punishment is imprisonment for five years or more, and

    (b) is a party to the commission of an indictable offence for the benefit of, at the direction of or in association with the criminal organization for which the maximum punishment is imprisonment for five years or more is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

(2) A sentence imposed on a person for an offence under subsection (1) shall be served consecutively to any other punishment imposed on the person for an offence arising out of the same event or series of events and to any other sentence to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Clause 28: Section 467.2 reads as follows:

467.2 (1) Notwithstanding the definition of ``Attorney General'' in section 2, the Attorney General of Canada may conduct proceedings in respect of a criminal organization offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act, and, for that purpose, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act.

(2) Subsection (1) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in subsection 467.1(1) or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.

Clause 29: (1) New.

(2) Subsection 486(2.101) is new. Subsections 486(2.11) and (2.2) read as follows:

(2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or other witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

(3) Subsection 486(4.1) reads as follows:

(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 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.

(4) The relevant portion of subsection 486(4.7) reads as follows:

(4.7) In determining whether to make an order under subsection (4.1), the judge or justice shall consider

    . . .

    (b) whether there is a real and substantial risk that the victim or witness would suffer significant harm if their identity were disclosed;

    (c) whether the victim or witness needs the order for their security or to protect them from intimidation or retaliation;

    (d) society's interest in encouraging the reporting of offences and the participation of victims and witnesses;

    (e) whether effective alternatives are available to protect the identity of the victim or witness;

(5) The relevant portion of subsection 486(4.9) reads as follows:

(4.9) Unless the presiding judge or justice refuses to make an order under subsection (4.1), no person shall publish in any document or broadcast in any way

    . . .

    (c) any other information that could identify the person to whom the application relates as a victim or witness in the proceedings.

Clause 30: (1) The relevant portion of subsection 490.1(1) reads as follows:

490.1 (1) Subject to sections 490.3 and 490.4, where a person is convicted of a criminal organization offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

(2) Subsection 490.1(2.1) is new. Subsections 490.1(2) and (3) read as follows:

(2) Where the evidence does not establish to the satisfaction of the court that the criminal organization offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

(3) A person who has been convicted of a criminal organization offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

Clause 31: (1) Subsections 490.2(1) and (2) read as follows:

490.2 (1) Where an information has been laid in respect of a criminal organization offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

(2) Subject to sections 490.3 and 490.4, where an application is made to a judge under subsection (1) and the judge is satisfied

    (a) beyond a reasonable doubt that any property is offence-related property,

    (b) that proceedings in respect of a criminal organization offence in relation to the property referred to in paragraph (a) were commenced, and

    (c) that the accused charged with the criminal organization offence has died or absconded,

the judge shall order that the property be forfeited and disposed of in accordance with subsection (4).

(2) and (3) The relevant portion of subsection 490.2(3) reads as follows:

(3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with a criminal organization offence if

    (a) an information has been laid alleging the commission of the offence by the accused,

(4) New.

Clause 32: (1) The relevant portion of subsection 490.4(2) reads as follows:

(2) A notice given under subsection (1) shall

    . . .

    (c) set out the criminal organization offence charged and a description of the property.

(2) The relevant portion of subsection 490.4(3) reads as follows:

(3) Where a court is satisfied that a person, other than

    (a) a person who was charged with a criminal organization offence, or

    . . .

is the lawful owner or is lawfully entitled to possession of any property or a part of any property that would otherwise be forfeited pursuant to an order made under subsection 490.1(1) or 490.2(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part be returned to the person.

Clause 33: New.

Clause 34: (1) The relevant portion of subsection 490.5(1) reads as follows:

490.5 (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than

    (a) in the case of property forfeited pursuant to an order made under subsection 490.1(1), a person who was convicted of the criminal organization offence in relation to which the property was forfeited,

    (b) in the case of property forfeited pursuant to an order made under subsection 490.2(2), a person who was charged with the criminal organization offence in relation to which the property was forfeited, or

    . . .

may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4).

(2) The relevant portion of subsection 490.5(4) reads as follows:

(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant

    (a) is not a person referred to in paragraph (1)(a), (b) or (c) and appears innocent of any complicity in any criminal organization offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence, and

    . . .

the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest.

Clause 35: (1) The relevant portion of subsection 490.8(2) reads as follows:

(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

    (a) the criminal organization offence to which the offence-related property relates;

(2) Subsection 490.8(3.1) is new. Subsection 490.8(3) reads as follows:

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order

    (a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order; and

    (b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,

      (i) appointing a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge, and

      (ii) requiring any person having possession of the property to give possession of it to the person appointed under subparagraph (i).

(3) The relevant portion of subsection 490.8(8) reads as follows:

(8) A restraint order made under this section remains in effect until

    (a) an order is made under subsection 490(9) or (11) in relation to the property;

Clause 36: New.

Clause 37: (1) Paragraph 515(4.1)(b.1) is new. The relevant portion of subsection 515(4.1) reads as follows:

(4.1) When making an order under subsection (2), in the case of an accused who is charged with

    . . .

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.

(2) The relevant portion of subsection 515(4.2) reads as follows:

(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence described in section 264, or an offence in the commission of which violence against a person was used, threatened or attempted, 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, to include as a condition of the order

(3) The relevant portion of subsection 515(6) reads as follows:

(6) Notwithstanding any provision of this section, where an accused is charged

    (a) with an indictable offence, other than an offence listed in section 469,

      . . .

      (ii) that is an offence under section 467.1 or an offence under this or any other Act of Parliament alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization for which the maximum punishment is imprisonment for five years or more,

the justice shall order that the accused be detained in custody until he is dealt with according to law, unless the accused, having been given a reasonable opportunity to do so, shows cause why his detention in custody is not justified, but where the justice orders that the accused be released, he shall include in the record a statement of his reasons for making the order.

Clause 38: Subsections 631(3.1) and (6) are new. Subsections 631(3) to (5) read as follows:

(3) Where

    (a) the array of jurors is not challenged, or

    (b) the array of jurors is challenged but the judge does not direct a new panel to be returned,

the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury after allowing for orders to excuse, challenges and directions to stand by.

(4) The clerk of the court shall swear each member of the jury in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

(5) Where the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors are sworn.

Clause 39: The relevant portion of section 632 reads as follows:

632. The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or any challenge has been made in relation to the juror, for reasons of

Clause 40: Section 633 reads as follows:

633. The judge may direct a juror whose name has been called pursuant to subsection 631(3) to stand by for reasons of personal hardship or any other reasonable cause.

Clause 41: Section 641 reads as follows:

641. (1) Where a full jury has not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and they shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.

(2) Where, before a juror is sworn pursuant to subsection (1), other jurors in the panel become available, the prosecutor may require the names of those jurors to be put into and drawn from the box in accordance with section 631, and those jurors shall be challenged, directed to stand by, excused or sworn, as the case may be, before the names of the jurors who were originally directed to stand by are called again.

Clause 42: Subsections 643(1) and (2) read as follows:

643. (1) The twelve jurors whose names are drawn and who are sworn in accordance with this Part shall be the jury to try the issues of the indictment, and the names of the jurors so drawn and sworn shall be kept apart until the jury gives its verdict or until it is discharged, whereupon the names shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

(2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of names to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose names are drawn shall be sworn.

Clause 43: Subsection 645(5) reads as follows:

(5) In any case to be tried with a jury, the judge before whom an accused is or is to be tried has jurisdiction, before any juror on a panel of jurors is called pursuant to subsection 631(3) and in the absence of any such juror, to deal with any matter that would ordinarily or necessarily be dealt with in the absence of the jury after it has been sworn.

Clause 44: The relevant portion of section 718.2 reads as follows:

718.2 A court that imposes a sentence shall also take into consideration the following principles:

    (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

      . . .

      (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization

shall be deemed to be aggravating circumstances;

Clause 45: Subsection 743.6(1.2) is new. Subsection 743.6(1.1) reads as follows:

(1.1) Notwithstanding subsection 120(1) 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 imposed otherwise than as a minimum punishment, on conviction for a criminal organization offence, the court may 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.

Clause 46: (1) Subsection 810.01(1) reads as follows:

810.01 (1) A person who fears on reasonable grounds that another person will commit a criminal organization offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

(2) Subsection 810.01(3) reads as follows:

(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of a criminal organization offence.

Controlled Drugs and Substances Act

Clause 47: The definition ``offence-related property'' in subsection 2(1) reads as follows:

``offence-related property'' means any property, within or outside Canada,

      (a) by means of or in respect of which a designated substance offence is committed,

      (b) that is used in any manner in connection with the commission of a designated substance offence, or

      (c) that is intended for use for the purpose of committing a designated substance offence,

but does not include a controlled substance or real property, other than real property built or significantly modified for the purpose of facilitating the commission of a designated substance offence;

Clause 48: Sections 8 and 9 read as follows:

8. (1) No person shall possess any property or any proceeds of any property knowing that all or part of the property or proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission in Canada of an offence under this Part except subsection 4(1) and this subsection;

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a); or

    (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a) or an act or omission referred to in paragraph (b).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the value of the property or the proceeds exceeds one thousand dollars; or

    (b) is guilty

      (i) of an indictable offence and liable to imprisonment for a term not exceeding two years, or

      (ii) of an offence punishable on summary conviction and liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both,

where the value of the property or the proceeds does not exceed one thousand dollars.

(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 the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

9. (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 and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or a part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission in Canada of an offence under this Part except subsection 4(1);

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a); or

    (c) a conspiracy or an attempt to commit, being an accessory after the fact in

relation to, or any counselling in relation to, an offence referred to in paragraph (a) or an act or omission referred to in paragraph (b).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both.

(3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under subsection (2) if the peace officer or person does anything mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of their duties.

Clause 49: (1) Subsections 14(3) and (4) read as follows:

(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order

    (a) prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order; and

    (b) at the request of the Attorney General, where the judge is of the opinion that the circumstances so require,

      (i) appointing a person to take control of and to manage or otherwise deal with all or part of that property in accordance with the directions of the judge, and

      (ii) requiring any person having possession of that property to give possession of the property to the person appointed under subparagraph (i).

(4) Where the Attorney General so requests, a judge appointing a person under subparagraph (3)(b)(i) shall appoint the Minister of Public Works and Government Services.

(2) The relevant portion of subsection 14(9) reads as follows:

(9) A restraint order made under this section remains in effect until

    (a) an order is made under subsection 490(9) or (11) of the Criminal Code in relation to the property; or

Clause 50: New.

Clause 51: (1) The relevant portion of subsection 16(1) reads as follows:

16. (1) Subject to sections 18 and 19, where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

(2) Subsection 16(2.1) is new. Subsection 16(2) reads as follows:

(2) Where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Clause 52: (1) The relevant portion of subsection 17(2) reads as follows:

(2) Subject to sections 18 and 19, where an application is made to a judge under subsection (1) and the judge is satisfied

(2) New.

Clause 53: New.

Clause 54: Section 23 and the heading before it read as follows:

Forfeiture of Proceeds of Crime

23. (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with such modifications as the circumstances require, in respect of proceedings for a designated substance offence.

(2) For the purposes of subsection (1),

    (a) a reference in section 462.37 or 462.38 or subsection 462.41(2) of the Criminal Code to an enterprise crime offence shall be deemed to be a reference to a designated substance offence;

    (b) a reference in subsection 462.37(1) or 462.42(6), paragraph 462.43(c) or section 462.5 of the Criminal Code to the Attorney General in relation to the manner in which forfeited property is to be disposed of or otherwise dealt with shall be deemed to be a reference to

      (i) where the prosecution of the offence in respect of which the property was forfeited was commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General or Solicitor General of that province, and

      (ii) in any other case, such member of the Queen's Privy Council for Canada as may be designated for the purposes of this subparagraph; and

    (c) a reference in subsection 462.38(2) of the Criminal Code to the Attorney General in relation to the manner in which forfeited property is to be disposed of or otherwise dealt with shall be deemed to be a reference to

      (i) where the prosecution of the offence in respect of which the property was forfeited was commenced at the instance of the government of a province, the Attorney General or Solicitor General of that province, and

      (ii) in any other case, such member of the Queen's Privy Council for Canada as may be designated for the purposes of this subparagraph.

Clause 55: New.

Clause 56: Section 61 reads as follows:

61. Any reference in a designation by the Solicitor General of Canada under Part VI of the Criminal Code to an offence contrary to the Narcotic Control Act or Part III or IV of the Food and Drugs Act or any conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence shall be deemed to be a reference to an offence contrary to section 5 (trafficking), 6 (importing and exporting), 7 (production), 8 (possession of property obtained by certain offences) or 9 (laundering proceeds of certain offences) of this Act, as the case may be, or a conspiracy or attempt to commit or being an accessory after the fact or any counselling in relation to such an offence.

Clause 57: The relevant portion of section 3 of Schedule II reads as follows:

3. An offence under any of the following provisions of the Controlled Drugs and Substances Act that was prosecuted by way of indictment:

    . . .

    (d) section 8 (possession of property obtained by certain offences); and

    (e) section 9 (laundering proceeds of certain offences).

Corruption of Foreign Public Officials Act

Clause 58: Sections 4 to 7 read as follows:

4. (1) Every person commits an offence who possesses any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence under section 3 or 5; or

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence under section 3 or 5.

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000 or to imprisonment for a term not exceeding six months, or to both.

5. (1) Every person commits an offence who uses, transfers the possession of, sends or delivers to any person or place, transports, transmits, alters, disposes of or otherwise deals with, in any manner and by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence under section 3; or

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence under section 3.

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000 or to imprisonment for a term not exceeding six months, or to both.

6. A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under section 4 or 5 if the peace officer or person does any thing mentioned in either of those sections for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

7. Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings for an offence under any of sections 3 to 5.

Crimes Against Humanity and War Crimes Act

Clause 59: Subsection 9(3) reads as follows:

(3) No proceedings for an offence under any of sections 4 to 7, 27 and 28 may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

Clause 60: The heading before section 27 and sections 27 to 29 read as follows:

PROCEEDS OF CRIME

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

    (a) an act or omission in Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 4;

    (b) an act or omission outside Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 6;

    (c) the commission of an offence under any of sections 5, 7, 16 to 23 and 28, or an offence in respect of an act or omission referred to in section 25 or 26;

    (d) the commission of an offence in respect of an act or omission referred to in subsection 7(3) of the Criminal Code against a judge or official of the International Criminal Court, or against any property referred to in section 431 of that Act used by that judge or official; or

    (e) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years.

(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.

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

    (a) an act or omission in Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 4;

    (b) an act or omission outside Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 6;

    (c) the commission of an offence under any of sections 5, 7, 16 to 23 and 27, or an offence in respect of an act or omission referred to in section 25 or 26;

    (d) the commission of an offence in respect of an act or omission referred to in subsection 7(3) of the Criminal Code against a judge or official of the International Criminal Court, or against any property referred to in section 431 of that Act used by that judge or official; or

    (e) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in any of paragraphs (a) to (d).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years.

(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.

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.

(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.

Clause 61: Section 31 reads as follows:

31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

    (a) the net proceeds received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is forfeited to Her Majesty and disposed of by that Minister, if the property was derived as the result of the commission of an offence under this Act; and

    (b) amounts paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings for an offence under this Act.

Customs Act

Clause 62: The heading before section 163.1 and sections 163.1 to 163.3 read as follows:

Proceeds of Crime

163.1 (1) No person shall possess any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence contrary to section 153 or under section 159, in relation to spirits or tobacco products, or under section 163.2; or

    (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to a fine of not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both that fine and that imprisonment; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than fifty thousand dollars or to imprisonment for a term not exceeding six months or to both that fine and that imprisonment.

(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 the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

163.2 (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 any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence contrary to section 153 or under section 159, in relation to spirits or tobacco products; or

    (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to a fine of not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both that fine and that imprisonment; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than fifty thousand dollars or to imprisonment for a term not exceeding six months or to both that fine and that imprisonment.

(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 the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

163.3 (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with such modifications as the circumstances require, in respect of proceedings for an offence contrary to section 153 or under section 159, in relation to spirits or tobacco products, or under section 163.1 or 163.2.

(2) For the purposes of subsection (1), the references in sections 462.37 and 462.38 and subsection 462.41(2) of the Criminal Code to an enterprise crime offence shall be deemed to include references to the offences referred to in subsection (1).

Excise Act

Clause 63: Section 2.1 reads as follows:

2.1 For the purposes of sections 126.1 and 126.2, subsections 225(1) and (3) and 235(3), section 239.1 and subsections 240(1) and (2), where one of two or more persons, with the knowledge and consent of the rest, has anything in the person's possession, it shall be deemed to be in the custody and possession of each and all of them.

Clause 64: The heading before section 126.1 and sections 126.1 to 126.3 read as follows:

Proceeds of Crime

126.1 (1) No person shall possess any property or any proceeds of any property knowing that all or any part of the property or of those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence under section 126.2 or subsection 233(1) or 240(1); or

    (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to a fine of not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both that fine and that imprisonment; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both that fine and that imprisonment.

(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 the peace officer or person possesses property or the proceeds of property mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

126.2 (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 any property with intent to conceal or convert that property or those proceeds and knowing or believing that all or part of that property or those proceeds was obtained or derived directly or indirectly as a result of

    (a) the commission of an offence under subsection 233(1) or 240(1); or

    (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to a fine of not more than five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both that fine and that imprisonment; or

    (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than one hundred thousand dollars or to imprisonment for a term not exceeding two years or to both that fine and that imprisonment.

(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 the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer's duties.

126.3 (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with such modifications as the circumstances require, in respect of proceedings for an offence under section 126.1 or 126.2 or subsection 233(1) or 240(1).

(2) For the purposes of subsection (1), the references in sections 462.37 and 462.38 and subsection 462.41(2) of the Criminal Code to an enterprise crime offence shall be deemed to include references to the offences referred to in subsection (1).

Mutual Legal Assistance in Criminal Matters Act

Clause 65: New.

Clause 66: (1) Paragraph 18(2)(d) is new. The relevant portion of subsection 18(2) reads as follows:

(2) An order made under subsection (1) must provide for the manner in which the evidence is to be obtained in order to give effect to the request mentioned in subsection 17(1) and may

    . . .

(2) Subsection 18(3) reads as follows:

(3) For greater certainty, a judge who makes an order under subsection (1) may designate himself or another person, including another judge, pursuant to paragraph (2)(c).

(3) Subsection 18(7) reads as follows:

(7) A person named in an order made under subsection (1) shall answer questions and produce records or things to the person designated under paragraph (2)(c) in accordance with the laws of evidence and procedure in the state or entity that presented the request, but may refuse if answering the questions or producing the records or things would disclose information that is protected by the Canadian law of non-disclosure of information or privilege.

National Defence Act

Clause 67: (1) and (2) The definitions ``criminal organization'' and ``criminal organization offence'' in subsection 2(1) read as follows:

``criminal organization'' means any group, association or other body consisting of five or more persons, whether formally or informally organized,

      (a) having as one of its primary activities the commission of an offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, and

      (b) any or all of the members of which engage in or have, within the preceding five years, engaged in the commission of a series of such offences;

``criminal organization offence'' means

      (a) an offence under section 467.1 of the Criminal Code,

      (b) an offence under this Act, the Criminal Code or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more and that is committed for the benefit of, at the direction of or in association with a criminal organization, or

      (c) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, any offence referred to in paragraph (a) or (b);

(3) and (4) New.

Clause 68: Subsection 140.4(3) reads as follows:

(3) Notwithstanding subsection 120(1) of the Corrections and Conditional Release Act, where a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction under this Act for a criminal organization offence, the court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or ten years, whichever is less.

Proceeds of Crime (money laundering) Act

Clause 69: Section 2 reads as follows:

2. The object of this Act is to establish record-keeping requirements in the financial field in order to facilitate the investigation and prosecution of offences under subsection 462.31(1) of the Criminal Code and subsection 9(1) of the Controlled Drugs and Substances Act.

Proceeds of Crime (Money Laundering) Act

Clause 70: The definition ``money laundering offence'' in section 2 reads as follows:

``money laundering offence'' means an offence under subsection 462.31(1) of the Criminal Code, section 9 of the Controlled Drugs and Substances Act, section 126.2 of the Excise Act, section 163.2 of the Customs Act or section 5 of the Corruption of Foreign Public Officials Act.

Clause 71: Subsection 18(2) reads as follows:

(2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the person from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of section 462.3 of the Criminal Code.

Clause 72: The definition ``judge'' in subsection 60(17) reads as follows:

``judge'' means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in section 462.3 of that Act.

Seized Property Management Act

Clause 73: (1) to (4) The definitions ``designated substance offence'', ``enterprise crime offence'', ``proceeds of crime'', ``restrained property'' and ``seized property'' in section 2 read as follows:

``designated substance offence'' has the meaning given that expression by section 462.3 of the Criminal Code;

``enterprise crime offence'' has the meaning given that expression by section 462.3 of the Criminal Code;

``proceeds of crime'' has the meaning given that expression by section 462.3 of the Criminal Code;

``restrained property'' means any property that is the subject of a restraint order made under section 462.33 of the Criminal Code;

``seized property'' means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated substance offence or enterprise crime offence;

(5) New.

Clause 74: (1) and (2) The relevant portion of section 3 reads as follows:

3. The purposes of this Act are

    (a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated substance offences or enterprise crime offences, or property that is or may be proceeds of crime or offence-related property;

    (b) to authorize the Minister to manage certain property

      (i) seized in connection with designated substance offences or enterprise crime offences,

      . . .

      (iii) restrained pursuant to a restraint order made under section 462.33 of the Criminal Code;

Clause 75: The relevant portion of subsection 4(1) reads as follows:

4. (1) On taking possession or control thereof, the Minister shall be responsible for the custody and management of all property that is

    (a) seized pursuant to a warrant issued under section 462.32 of the Criminal Code on the application of the Attorney General;

    (b) subject to a restraint order made under section 462.33 of the Criminal Code on the application of the Attorney General, where the Minister is appointed pursuant to subparagraph 462.33(3)(b)(i) of that Act to take control of and to manage or otherwise deal with the property; or

Clause 76: Subsection 5(1) reads as follows:

5. (1) Every person who executes a warrant under section 462.32 of the Criminal Code that was applied for by the Attorney General shall, as soon as practicable after the execution of the warrant, transfer the control of all property seized thereunder to the Minister, except for that property or that part thereof that is needed as evidence or necessary for the purposes of an investigation.

Clause 77: Subsections 7(2.1) to (2.4) are new. Subsection 7(2) reads as follows:

(2) The powers of the Minister in respect of any seized property that is the subject of a management order shall be deemed to include the power, in the case of perishable or rapidly depreciating property, to make an interlocutory sale of the property.

Clause 78: The relevant portion of section 9 reads as follows:

9. In carrying out the purposes of this Act, the Minister may

    (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences or enterprise crime offences, or any property that is or may be proceeds of crime or offence-related property;

Clause 79: The relevant portion of section 11 reads as follows:

11. The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

    (a) the proceeds of disposition of

      (i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or

      (ii) property that is or was the subject of a management order and that was forfeited pursuant to subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

    . . .

where law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine.