(a) an offence under section 467.11, 467.12 or 467.13;

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

    (c) a terrorism offence.

(10) On the later of the coming into force of section 8 of this Act and section 8 of the other Act, subsection 196(5) of the Criminal Code is replaced by the following:

Exception for criminal organizations and terrorist groups

(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 467.11, 467.12 or 467.13,

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

    (c) a terrorism offence,

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.

(11) If section 15 of this Act comes into force before subsection 26(1) of the other Act, then, on the day on which subsection 26(1) of the other Act comes into force, subsection 462.48(1.1) of the Criminal Code, as enacted by subsection 26(1) of the other 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.

(12) If subsection 29(2) of the other Act comes into force before subsection 16(1) of this Act, then, on the day on which subsection 16(1) of this Act comes into force, subsection 486(2.102) of the Criminal Code is replaced by the following:

Offences

(2.102) The offences for the purposes of subsection (2.101) are

    (a) an offence under section 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;

    (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).

(13) If subsection 16(1) of this Act comes into force before subsection 29(2) of the other Act, then, on the day on which subsection 29(2) of the other Act comes into force, subsections 486(2.101) and (2.102) of the Criminal Code 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 423.1, 467.11, 467.12 or 467.13, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization;

    (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).

(14) On the later of the coming into force of subsection 16(2) of this Act and subsection 29(3) of the other Act, subsections 486(4.1) and (4.11) of the Criminal Code are 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) an offence under section 423.1 or 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).

(15) On the later of the coming into force of subsection 19(1) of this Act and subsection 37(1) of the other Act, subsection 515(4.1) of the Criminal Code is replaced by the following:

Condition prohibiting possession of firearms, etc.

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

    (a) an offence in the commission of which violence against a person was used, threatened or attempted,

    (a.1) a terrorism offence,

    (b) an offence under section 264 (criminal harassment),

    (b.1) an offence under section 423.1 (intimidation of a justice system participant),

    (c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,

    (d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

    (e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to on offence under subsection 20(1) of that Act,

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.

(16) On the later of the coming into force of subsection 19(2) of this Act and subsection 37(2) of the other Act, the portion of subsection 515(4.2) of the Criminal Code before paragraph (a) is replaced by the following:

Additional conditions

(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), 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 or a justice system participant, to include as a condition of the order

(17) On the later of the coming into force of subsection 19(3) of this Act and subsection 37(2) of the other Act, paragraph 515(4.3)(b) of the Criminal Code is replaced by the following:

    (b) an offence described in section 264 or 423.1;

(18) On the later of the coming into force of section 21 of this Act and section 45 of the other Act, subsection 743.6(1.2) of the Criminal Code is replaced by the following:

Power of court to delay parole

(1.2) Notwithstanding section 120 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, on conviction for a terrorism offence or an offence under section 467.11, 467.12 or 467.13, the court shall 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, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society's denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.

(19) On the later of the coming into force of subsection 22(1) of this Act and subsection 46(1) of the other Act, subsection 810.01(1) of the Criminal Code is replaced by the following:

Fear of certain offences

810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1, a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

(20) Subsection 22(2) of this Act is repealed if subsection 46(2) of the other Act comes into force before subsection 22(2) of this Act comes into force.

(21) Subsection 46(2) of the other Act is repealed if subsection 22(2) of this Act comes into force before subsection 46(2) of the other Act comes into force.

134. (1) If Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the ``other Act''), receives royal assent, then subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

Return of seized currency or monetary instruments

(2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the individual 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 subsection 462.3(1) of the Criminal Code or funds for use in the financing of terrorist activities.

(2) Subsection (1) comes into force on the later of the coming into force of section 58 of this Act and subsection 12(1) of the other Act.

135. (1) Subsections (2) to (10) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the ``other Act''), receives royal assent.

(2) On the later of the coming into force of the definition ``restrained property'' in section 2 of the Seized Property Management Act as enacted by subsection 105(1) of this Act and that definition as enacted by subsection 73(3) of the other Act, the definition ``restrained property'' in section 2 of the Seized Property Management Act is replaced by the following:

``restrained property''
« biens bloqués »

``restrained property'' means any property that is the subject of a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;

(3) If the definition ``seized property'' in section 2 of the Seized Property Management Act as enacted by subsection 73(3) of the other Act comes into force before that definition as enacted by subsection 105(1) of this Act, then, on the coming into force of that definition as enacted by subsection 73(3) of the other Act, that definition as enacted by subsection 105(1) of this Act is repealed.

(4) If subsection 74(1) of the other Act comes into force before subsection 106(1) of this Act, then, on the later of the coming into force of subsection 74(1) of the other Act and this section, subsection 106(1) of this Act is repealed.

(5) On the later of the coming into force of subparagraph 3(b)(iii) of the Seized Property Management Act as enacted by subsection 106(2) of this Act and that subparagraph as enacted by subsection 74(2) of the other Act, subparagraph 3(b)(iii) of the Seized Property Management Act is replaced by the following:

      (iii) restrained pursuant to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;

(6) On the later of the coming into force of paragraph 4(1)(a) of the Seized Property Management Act as enacted by subsection 107(1) of this Act and that paragraph as enacted by section 75 of the other Act, paragraph 4(1)(a) of the Seized Property Management Act is replaced by the following:

    (a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

(7) On the later of the coming into force of paragraph 4(1)(b) of the Seized Property Management Act as enacted by subsection 107(1) of this Act and that paragraph as enacted by section 75 of the other Act, paragraph 4(1)(b) of the Seized Property Management Act is replaced by the following:

    (b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;

(8) If subsection 5(3) of the Seized Property Management Act as enacted by section 108 of this Act comes into force before subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act, then, on the coming into force of section 108 of this Act, subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act is replaced by the following:

Transfer of property

5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

(9) If subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act comes into force before subsection 5(3) of the Seized Property Management Act as enacted by section 108 of this Act, then, on the coming into force of subsection 5(1) of the Seized Property Management Act as enacted by section 76 of the other Act,

    (a) subsection 5(1) of the Seized Property Management Act is replaced by the following:

Transfer of property

5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.

    (b) subsection 5(3) of the Seized Property Management Act is repealed.

(10) If section 78 of the other Act comes into force before section 109 of this Act, then, on the later of the coming into force of section 78 of the other Act and this section, section 109 of this Act is repealed.

136. If Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts, has not received royal assent on the later of the coming into force of section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and section 111 of this Act, then at that time subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

      (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or

137. (1) Subsections (2) to (4) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (the ``other Act''), receives royal assent.

(2) If, on the later of the coming into force of section 111 of this Act and section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, section 79 of the other Act is not in force, then at that time section 80 of the other Act is repealed.

(3) If, on the later of the coming into force of section 111 of this Act and section 79 of the other Act, section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is not in force, then at that time

    (a) subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

      (i) property forfeited to Her Majesty pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or