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(b.1) information set out in a report referred
to in section 9.1;
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(4) Paragraph 55(1)(d) of the Act is
replaced by the following:
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(d) information voluntarily provided to the
Centre about suspicions of money
laundering or of the financing of terrorist
activities;
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(5) The portion of subsection 55(3) of the
Act before paragraph (a) is replaced by the
following:
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| Disclosure of
designated
information
|
(3) If the Centre, on the basis of its analysis
and assessment under paragraph 54(c), has
reasonable grounds to suspect that designated
information would be relevant to
investigating or prosecuting a money
laundering offence or a terrorist activity
financing offence, the Centre shall disclose
the information to
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(6) Subsection 55(3) of the Act is amended
by adding the word ``and'' at the end of
paragraph (b) and by repealing paragraph
(c).
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(7) Subsections 55(4) to (5.1) of the Act
are replaced by the following:
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| Recording of
reasons for
decision
|
(5.1) The Centre shall record in writing the
reasons for all decisions to disclose
information made under subsection (3).
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(8) The portion of subsection 55(7) of the
Act before paragraph (a) is replaced by the
following:
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| Definition of
``designated
information''
|
(7) For the purposes of subsection (3),
``designated information'' means, in respect
of a financial transaction or an importation or
exportation of currency or monetary
instruments,
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| 2001, c. 12,
s. 2
|
(9) Paragraph 55(7)(e) of the Act is
replaced by the following:
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(e) any other similar identifying
information that may be prescribed for the
purposes of this section.
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68. Section 56 of the Act is replaced by the
following:
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| Disclosure of
information to
the Canadian
Security
Intelligence
Service
|
55.1 (1) If the Centre, on the basis of its
analysis and assessment under paragraph
54(c), has reasonable grounds to suspect that
designated information would be relevant to
threats to the security of Canada, the Centre
shall disclose that information to the Canadian
Security Intelligence Service.
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| Recording of
reasons for
decision
|
(2) The Centre shall record in writing the
reasons for all decisions to disclose
information made under subsection (1).
|
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| Definition of
``designated
information''
|
(3) For the purposes of subsection (1),
``designated information'' means, in respect
of a financial transaction or an importation or
exportation of currency or monetary
instruments,
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(a) the name of the client or of the importer
or exporter, or any person or entity acting on
their behalf;
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(b) the name and address of the place of
business where the transaction occurred or
the address of the customs office where the
importation or exportation occurred, and
the date the transaction, importation or
exportation occurred;
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(c) the amount and type of currency or
monetary instruments involved or, in the
case of a transaction, if no currency or
monetary instruments are involved, the
value of the transaction or the value of the
funds that are the subject of the transaction;
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(d) in the case of a transaction, the
transaction number and the account
number, if any; and
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(e) any other similar identifying
information that may be prescribed for the
purposes of this section.
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| Agreements
and
arrangements
|
56. (1) The Minister may enter into an
agreement or arrangement, in writing, with
the government of a foreign state, or an
international organization established by the
governments of foreign states regarding the
exchange, between the Centre and any
institution or agency of that state or
organization that has powers and duties
similar to those of the Centre, of information
that the Centre, institution or agency has
reasonable grounds to suspect would be
relevant to investigating or prosecuting a
money laundering offence or a terrorist
activity financing offence, or an offence that
is substantially similar to either offence.
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| Agreements
and
arrangements
- Centre
|
(2) The Centre may, with the approval of the
Minister, enter into an agreement or
arrangement, in writing, with an institution or
agency of a foreign state that has powers and
duties similar to those of the Centre, regarding
the exchange, between the Centre and the
institution or agency, of information that the
Centre, institution or agency has reasonable
grounds to suspect would be relevant to
investigating or prosecuting a money
laundering offence or a terrorist activity
financing offence, or an offence that is
substantially similar to either offence.
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| Purposes
|
(3) Agreements or arrangements entered
into under subsection (1) or (2) must
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(a) restrict the use of information to
purposes relevant to investigating or
prosecuting a money laundering offence or
a terrorist activity financing offence, or an
offence that is substantially similar to either
offence; and
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(b) stipulate that the information be treated
in a confidential manner and not be further
disclosed without the express consent of the
Centre.
|
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| Disclosure to
foreign
agencies
|
56.1 (1) The Centre may disclose
designated information to an institution or
agency of a foreign state or of an international
organization established by the governments
of foreign states that has powers and duties
similar to those of the Centre, if
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(a) the Centre has reasonable grounds to
suspect that the information would be
relevant to the investigation or prosecution
of a money laundering offence or a terrorist
activity financing offence, or an offence
that is substantially similar to either
offence; and
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(b) the Minister has, in accordance with
subsection 56(1), entered into an agreement
or arrangement with that foreign state or
international organization regarding the
exchange of such information.
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| Disclosure to
foreign
agencies
|
(2) The Centre may disclose designated
information to an institution or agency of a
foreign state that has powers and duties
similar to those of the Centre, if
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(a) the Centre has reasonable grounds to
suspect that the information would be
relevant to the investigation or prosecution
of a money laundering offence or a terrorist
activity financing offence, or an offence
that is substantially similar to either
offence; and
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(b) the Centre has, in accordance with
subsection 56(2), entered into an agreement
or arrangement with that institution or
agency regarding the exchange of such
information.
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| Request for
information
|
(2.1) For greater certainty, designated
information may be disclosed to an institution
or agency under subsection (1) or (2) in
response to a request made by the institution
or agency.
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| Other
disclosure
|
(3) In order to perform its functions under
paragraph 54(c), the Centre may direct queries
to an institution or agency in respect of which
an agreement referred to in subsection (1) or
(2) has been entered into, and in doing so it
may disclose designated information.
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| Recording of
reasons for
decision
|
(4) The Centre shall record in writing the
reasons for all decisions to disclose
information made under paragraph (1)(a) or
(2)(a).
|
|
| Definition of
``designated
information''
|
(5) For the purposes of this section,
``designated information'' means, in respect
of a financial transaction or an importation or
exportation of currency or monetary
instruments,
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(a) the name of the client or of the importer
or exporter, or any person or entity acting on
their behalf;
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(b) the name and address of the place of
business where the transaction occurred or
the address of the customs office where the
importation or exportation occurred, and
the date the transaction, importation or
exportation occurred;
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(c) the amount and type of currency or
monetary instruments involved or, in the
case of a transaction, if no currency or
monetary instruments are involved, the
value of the transaction or the value of the
funds that are the subject of the transaction;
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(d) in the case of a transaction, the
transaction number and the account
number, if any; and
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(e) any other similar identifying
information that may be prescribed for the
purposes of this section.
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69. Paragraphs 58(1)(a) to (c) of the Act
are replaced by the following:
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(a) inform persons and entities that have
provided a report under section 7, 7.1 or 9,
or a report referred to in section 9.1, about
measures that have been taken with respect
to reports under those sections;
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(b) conduct research into trends and
developments in the area of money
laundering and the financing of terrorist
activities and improved ways of detecting,
preventing and deterring money laundering
and the financing of terrorist activities; and
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(c) undertake measures to inform the
public, persons and entities referred to in
section 5, authorities engaged in the
investigation and prosecution of money
laundering offences and terrorist activity
financing offences, and others, with respect
to
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(i) their obligations under this Act,
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(ii) the nature and extent of money
laundering in Canada,
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(ii.1) the nature and extent of the
financing of terrorist activities in
Canada, and
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(iii) measures that have been or might be
taken to detect, prevent and deter money
laundering and the financing of terrorist
activities in Canada, and the
effectiveness of those measures.
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70. Subsection 59(1) of the Act is replaced
by the following:
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| Immunity
from
compulsory
processes
|
59. (1) Subject to section 36 of the Access
to Information Act and section 34 of the
Privacy Act, the Centre, and any person who
has obtained or who has or had access to any
information or documents in the course of
exercising powers or performing duties and
functions under this Act, other than Part 2, is
required to comply with a subpoena, a
summons, an order for production of
documents, or any other compulsory process
only if it is issued in the course of court
proceedings in respect of a money laundering
offence, a terrorist activity financing offence
or an offence under this Act in respect of
which an information has been laid or an
indictment preferred or, in the case of an order
for production of documents, if it is issued
under section 60.1 for the purposes of an
investigation in respect of a threat to the
security of Canada.
|
|
| 2001, c. 12,
s. 3
|
71. (1) Subsections 60(1) and (2) of the Act
are replaced by the following:
|
|
| Limitation on
orders for
disclosure of
information
|
60. (1) Despite the provisions of any other
Act, except sections 49 and 50 of the Access
to Information Act and sections 48 and 49 of
the Privacy Act, an order for disclosure of
information may be issued in respect of the
Centre only under subsection (4) or section
60.1.
|
|
| Purpose of
application
|
(2) The Attorney General may, for the
purposes of an investigation in respect of a
money laundering offence or a terrorist
activity financing offence, make an
application under subsection (3) for an order
for disclosure of information.
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(2) Paragraph 60(3)(d) of the Act is
replaced by the following:
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(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 a money
laundering offence or a terrorist activity
financing offence 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 an
investigation in respect of that offence;
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(3) Paragraph 60(8)(a) of the Act is
replaced by the following:
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(a) the Director is prohibited from
disclosing the information or document by
any bilateral or international treaty,
convention or other agreement to which the
Government of Canada is a signatory
respecting the sharing of information
related to a money laundering offence or a
terrorist activity financing offence, or an
offence that is substantially similar to either
offence;
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|
72. The Act is amended by adding the
following after section 60:
|
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| Application
for production
order
|
60.1 (1) The Director of the Canadian
Security Intelligence Service, or any
employee of the Canadian Security
Intelligence Service, may, for the purposes of
an investigation in respect of a threat to the
security of Canada, after having obtained the
approval of the Solicitor General of Canada,
make an application under subsection (2) to a
judge for an order for disclosure of
information.
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| Matters to be
specified in
application
for production
order
|
(2) An application shall be made ex parte in
writing and be accompanied by an affidavit of
the applicant deposing to the following
matters:
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(a) the person or entity in relation to whom
the information or documents referred to in
paragraph (b) are required;
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(b) the type of information or
documents - whether in written form, in
the form of a report or record or in any other
form - obtained by or on behalf of the
Director in respect of which disclosure is
sought;
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|
(c) the facts relied on to justify the belief, on
reasonable grounds, that a production order
under this section is required to enable the
Canadian Security Intelligence Service to
investigate a threat to the security of
Canada;
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(d) a summary of any information already
received from the Centre in respect of the
threat to the security of Canada; and
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(e) information respecting all previous
applications brought under this section in
respect of any person or entity being
investigated in relation to the threat to the
security of Canada.
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|
| Order for
disclosure of
information
|
(3) Subject to the conditions that the judge
considers advisable in the public interest, the
judge to whom an application is made may
order the Director - or any person specially
designated in writing by the Director for the
purpose of this section - to allow an
employee of the Canadian Security
Intelligence Service named in the order to
have access to and examine all information
and documents to which the application
relates or, if the judge considers it necessary in
the circumstances, to produce the information
and documents to the employee and allow the
employee to remove them, if the judge is
satisfied
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(a) of the matters referred to in subsection
(2); and
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(b) that there are reasonable grounds for
believing that it is in the public interest to
allow access to the information or
documents, having regard to the benefit
likely to accrue to the investigation if the
access is obtained.
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The order must be complied with within the
period following the service of the order that
the judge may specify.
|
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| Maximum
duration of
production
order
|
(4) A production order shall not be issued
under subsection (3) for a period exceeding
sixty days.
|
|
| Service of
order
|
(5) A copy of the order shall be served on the
person or entity to whom it is addressed in the
manner that the judge directs or as may be
prescribed by rules of court.
|
|
| Extension of
period for
compliance
with order
|
(6) A judge who makes an order under
subsection (3) may, on application of the
Director, extend the period within which it is
to be complied with.
|
|
| Objection to
disclosure of
information
|
(7) The Director - or any person specially
designated in writing by the Director for the
purposes of this section - may object to the
disclosure of any information or document in
respect of which an order under subsection (3)
has been made by certifying orally or in
writing that it should not be disclosed on the
ground that
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(a) the Director is prohibited from
disclosing the information or document by
any bilateral or international treaty,
convention or other agreement to which the
Government of Canada is a signatory
respecting the sharing of information
related to a money laundering offence or a
terrorist activity financing offence, or an
offence that is substantially similar to either
offence;
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|
(b) a privilege is attached by law to the
information or document;
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|
(c) the information or document has been
placed in a sealed package pursuant to law
or an order of a court of competent
jurisdiction; or
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|
(d) disclosure of the information or
document would not, for any other reason,
be in the public interest.
|
|
| Determination
of objection
|
(8) An objection made under subsection (7)
may be determined, on application, in
accordance with subsection (9), by the Chief
Justice of the Federal Court, or by any other
judge of that Court that the Chief Justice may
designate to hear those applications.
|
|
| Judge may
examine
information
|
(9) A judge who is to determine an
objection may, if the judge considers it
necessary to determine the objection, examine
the information or document in relation to
which the objection is made. The judge shall
grant the objection and order that disclosure
be refused if the judge is satisfied of any of the
grounds mentioned in subsection (7).
|
|
| Limitation
period
|
(10) An application under subsection (8)
shall be made within 10 days after the
objection is made or within such greater or
lesser period as the Chief Justice of the Federal
Court, or any other judge of that Court that the
Chief Justice may designate to hear those
applications, considers appropriate in the
circumstances.
|
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| Appeal to
Federal Court
of Appeal
|
(11) An appeal lies from a determination
under subsection (8) to the Federal Court of
Appeal.
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