(b) ensure that the material is no longer stored on and made available through the computer system; and
	(c) provide the information necessary to identify and locate the person who posted the material.
Notice to person who posted the material	(2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.
Person who posted the material may appear	(3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).
Non-appearan ce	(4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.
Order	(5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.
Destruction of copy	(6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court's possession.
Return of material	(7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b).
Other provisions to apply	(8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.
When order takes effect	(9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.
R.S., c. 27 (1st Supp.), s. 55	11. Section 424 of the Act is replaced by the following:
Threat against internationally protected person	424. Every one who threatens to commit an offence under section 235, 236 , 266, 267, 268, 269, 269.1, 271, 272, 273 , 279 or 279.1 against an internationally protected person or who threatens to commit an offence under section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
Threat against United Nations or associated personnel	424.1 Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.
	12. Section 430 of the Act is amended by adding the following after subsection (4):
Mischief relating to religious property	(4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, and the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,
	(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 imprisonment for a term not exceeding eighteen months.
R.S., c. 27 (1st Supp.), s. 58	13. Section 431 of the Act is replaced by the following:
Attack on premises, residence or transport of internationally protected person	431. Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.
Attack on premises, accommoda- tion or transport of United Nations or associated personnel	431.1 Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.
Definitions	431.2 (1) The following definitions apply in this section.
``explosive or other lethal device'' « engin explosif ou autre engin meurtrier »	``explosive or other lethal device'' means
	(a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or
	(b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.
``infrastructur e facility'' « infrastructur e »	``infrastructure facility'' means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.
``military forces of a state'' « forces armées d'un État »	``military forces of a state'' means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.
``place of public use'' « lieu public »	``place of public use'' means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.
``public transporta- tion system'' « système de transport public »	``public transportation system'' means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.
Explosive or other lethal device	(2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.
Armed forces	(3) Subsection (2) does not apply to an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.
1995, c. 39, s. 151(1)	14. (1) Subparagraph (a)(i) of the definition ``enterprise crime offence'' in section 462.3 of the Act is replaced by the following:
	(i) section 83.12 (offences - freezing of property, disclosure or audit) ,
	(i.01) subsection 99(1) (weapons trafficking),
	(2) The definition ``enterprise crime offence'' in section 462.3 of the Act is amended by adding the following after paragraph (a):
	(a.01) a terrorism offence,
	15. Subsection 462.48(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) a terrorism offence.
1997, c. 16, ss. 6(2) and (3)	16. (1) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:
Testimony outside court room	(2.101) Notwithstanding section 650, where an accused is charged with an offence referred to in subsection (2.102), the presiding judge or justice, as the case may be, may order that any witness testify
	(a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and
	(b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.
Offences	(2.102) The offences for the purposes of subsection (2.101) are
	(a) an offence under section 467.1;
	(b) a terrorism offence;
	(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and
	(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
Same procedure for opinion	(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) or (2.101) 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.
Condition of exclusion	(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) 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 witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.
1999, c. 25, s. 2(3)	(2) Subsection 486(4.1) of the Act is replaced by the following:
Ban on publication, etc.	(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, in the case of an offence referred to in subsection (4.11), the identity of a justice system participant who is involved in the proceedings - 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.
Offences	(4.11) The offences for the purposes of subsection (4.1) are
	(a) a criminal organization offence;
	(b) a terrorism offence;
	(c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; and
	(d) an offence under subsection 21(1) or section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph (c).
1999, c. 25, s. 2(3)	(3) Paragraphs 486(4.7)(b) to (e) of the Act are replaced by the following:
	(b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;
	(c) whether the victim, witness or justice system participant 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, witnesses and justice system participants in the criminal justice process ;
	(e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant ;
1999, c. 25, s. 2(3)	(4) Paragraph 486(4.9)(c) of the Act is replaced by the following:
	(c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.
1998, c. 37, s. 15(2)	17. (1) Subparagraph (a)(i) of the definition ``primary designated offence'' in section 487.04 of the Act is replaced by the following:
	(i) section 75 (piratical acts),
	(i.01) section 76 (hijacking),
	(i.02) section 77 (endangering safety of aircraft or airport),
	(i.03) section 78.1 (seizing control of ship or fixed platform),
	(i.04) subsection 81(1) (using explosives),
	(i.05) section 83.18 (participation in activity of terrorist group),
	(i.06) section 83.19 (facilitating terrorist activity),
	(i.07) section 83.2 (commission of offence for terrorist group),
	(i.08) section 83.21 (instructing commission of offence for terrorist group),
	(i.09) section 83.22 (instructing to carry out terrorist activity),
	(i.1) section 83.23 (harbouring or concealing),
	(i.11) section 151 (sexual interference),
	(2) Paragraph (a) of the definition ``primary designated offence'' in section 487.04 of the Act is amended by striking out the word ``and'' at the end of subparagraph (xv) and by adding the following after subparagraph (xvi):
	(xvii) section 279.1 (hostage taking),
	(xviii) section 431 (attack on premises, residence or transport of internationally protected person),
	(xix) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and
	(xx) subsection 431.2(2) (explosive or other lethal device),
	(3) The definition ``primary designated offence'' in section 487.04 of the Act is amended by striking out the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(c.1) an offence under any of the following provisions of the Security of Information Act, namely,
	(i) section 6 (approaching, entering, etc., a prohibited place),
	(ii) subsection 20(1) (threats or violence), and
	(iii) subsection 21(1) (harbouring or concealing), and
1998, c. 37, s. 15(2)	(4) Subparagraphs (a)(i) to (v) of the definition ``secondary designated offence'' in section 487.04 of the Act are repealed.
1998, c. 37, s. 15(2)	(5) Subparagraph (a)(xx) of the definition ``secondary designated offence'' in section 487.04 of the Act is repealed.