C-28114470-71Elizabeth II2021-2022An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions ActInternational Human Rights ActAn Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims ... 20226
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Mr. Lawrence441170SUMMARYThis enactment amends the Department of Foreign Affairs, Trade and Development Act to impose certain reporting requirements on the Minister of Foreign Affairs in relation to international human rights. It also amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to require the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee that recommends that sanctions be imposed under that Act against a foreign national.In addition, this enactment amends the Broadcasting Act to prohibit the issue, amendment or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being influenced by a foreign national or entity that has committed acts or omissions that the Senate or the House of Commons has recognized as genocide or that is subject to sanctions under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or under the Special Economic Measures Act. Finally, it amends the Prohibiting Cluster Munitions Act to prohibit a person from investing in an entity that has contravened certain provisions of the Act.Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title
Short titleThis Act may be cited as the International Human Rights Act.
2013, c. 33, s. 174Department of Foreign Affairs, Trade and Development Act
Section 10 of the Department of Foreign Affairs, Trade and Development Act is amended by adding the following after subsection (3):Human rightsIn exercising his or her powers, duties and functions under this Act in respect of the conduct of the external affairs of Canada, the Minister is to publish, at least once in every calendar year,a report that outlines the measures that the Minister has taken to advance human rights internationally as part of Canada’s foreign policy; anda list that sets out the names and circumstances of the prisoners of conscience detained worldwide for whose release the Government of Canada is actively working.
2017, c. 21Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is amended by adding the following after section 5:
Response to recommendation of committeeIf a motion adopted by a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for the purpose of considering matters relating to foreign affairs recommends that an order or regulation be considered or made under section 4 in relation to a foreign national, the Minister must prepare a response advising the committee whether or not the order or regulation is to be made and setting out the reasons for the decision. Tabling of responseThe response must be tabled in the Senate or the House of Commons or in both Houses of Parliament, as the case may be, within 40 days after the adoption of the motion or within any time limit specified by the committee and must be posted in a prominent location on the website of the Department of Foreign Affairs, Trade and Development on the day after it is tabled.Prorogation or dissolutionIf Parliament is prorogued or dissolved before the response is tabled, the Minister must post the response in a prominent location on the website of the Department of Foreign Affairs, Trade and Development within the time limit referred to in subsection (2) regarding the tabling of the response. The response must be tabled as soon as feasible after the commencement of the next session of Parliament.
1991, c. 11Broadcasting Act
The Broadcasting Act is amended by adding the following after subsection 22(1):Restriction — broadcasting undertakings subject to influenceNo licence shall be issued, amended or renewed under this Part in relation to a broadcasting undertaking, including one that distributes foreign programming, that is vulnerable to being influenced by a foreign national or entitythat has committed acts or omissions that the Senate or the House of Commons has recognized as genocide; orthat is the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or section 4 of the Special Economic Measures Act.
2014, c. 27Prohibiting Cluster Munitions Act
Section 4 of the Prohibiting Cluster Munitions Act is replaced by the following:
PurposeThe purpose of this Act is to implement Canada’s commitments under the Convention and to restrict investments in relation to cluster munitions, explosive submunitions and explosive bomblets.
Paragraph 6(e) of the Act is replaced by the following:directly or indirectly, individually or as a shareholder or partner or otherwise, acquire or have any pecuniary interest in — or make or guarantee a loan to — a person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d);attempt to commit any act referred to in paragraphs (a) to (d.1);Paragraphs 6(f) to (h) of the English version of the Act are replaced by the following:aid, abet or counsel another person to commit any act referred to in paragraphs (a) to (d.1);conspire with another person to commit any act referred to in paragraphs (a) to (d.1); orreceive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d.1), for the purpose of enabling the person to escape.
Paragraph 11(3)(a) of the Act is replaced by the following:aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to (d.1), if it would not be an offence for that other person to commit that act;Paragraphs 11(3)(b) and (c) of the English version of the Act are replaced by the following:conspiring with another person to commit any act referred to in paragraphs 6(a) to (d.1), if it would not be an offence for that other person to commit that act; orreceiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to (d.1), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.
Transitional Provision
Non-applicationParagraph 6(d.1) of the Prohibiting Cluster Munitions Act, as enacted by subsection 6(1) of this Act, does not apply, for a period of one year beginning the day on which section 5 of this Act comes into force, to a person in respect of a pecuniary interest that they had, or a loan or loan guarantee that they made, before that day.