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Bill C-36

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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.

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

    (b) section 80 of the other Act is repealed.

(4) On the latest of the coming into force of section 111 of this Act, section 79 of the other Act and section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 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), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) 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

138. 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, and if, on the day on which this Act receives royal assent, section 80 of the other Act has not had effect and section 111 of this Act is not in force, then section 80 of the other Act is replaced by the following:

80. On the later of the coming into force of subparagraph 11(a)(i) of the Seized Property Management Act, as enacted by section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, and section 79 of this Act, subparagraph 11(a)(i) of the Seized Property Management Act is replaced by the following:

      (i) property forfeited to Her Majesty under 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, 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

Bill C-30

139. (1) If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the ``other Act''), receives royal assent, then section 161 of the other Act and the heading before it are replaced by the following:

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

161. Subsection 30(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

Ordinary action

(2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions.

(2) Subsection (1) comes into force on the day on which this Act receives royal assent, but only if that day is before the day on which section 161 of the other Act comes into force.

140. (1) If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the ``other Act''), receives royal assent, then paragraph 37(3)(a) of the Canada Evidence Act is replaced by the following:

    (a) the Federal Court, in the case of a person or body vested with power to compel production by or under an Act of Parliament if the person or body is not a court established under a law of a province; or

(2) Subsection (1) comes into force on the later of the coming into force of section 43 of this Act and paragraph 183(1)(b) of the other Act.

141. (1) Subsections (2) to (7) apply if Bill C-30, introduced in the 1st session of the 37th Parliament and entitled the Courts Administration Service Act (the ``other Act''), receives royal assent.

(2) If section 119 of the other Act comes into force before section 43 of this Act, then, on the later of the day on which this Act receives royal assent and the day on which section 119 of the other Act comes into force, paragraph 37.1(1)(a) of the Canada Evidence Act is replaced by the following:

    (a) to the Federal Court of Appeal from a determination of the Federal Court; or

(3) If section 43 of this Act comes into force before section 119 of the other Act, then, on the later of the day on which section 43 of this Act comes into force and the day on which the other Act receives royal assent,

    (a) section 119 of the other Act is repealed; and

    (b) paragraph 37.1(1)(a) of the Canada Evidence Act is replaced by the following:

    (a) to the Federal Court of Appeal from a determination of the Federal Court; or

(4) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, the definition ``judge'' in section 38 of the Canada Evidence Act is replaced by the following:

``judge''
« juge »

``judge'' means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under section 38.04.

(5) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, paragraph 38.02(c) of the Canada Evidence Act is replaced by the following:

    (c) the fact that an application is made to the Federal Court under section 38.04 or that an appeal or review of an order made under any of subsections 38.06(1) to (3) in connection with the application is instituted; or

(6) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, section 38.031 of the Canada Evidence Act is replaced by the following:

Disclosure agreement

38.031 (1) The Attorney General of Canada and a person who has given notice under subsection 38.01(1) or (2) and is not required to disclose information but wishes, in connection with a proceeding, to disclose any facts referred to in paragraphs 38.02(1)(b) to (d) or information about which he or she gave the notice, or to cause that disclosure, may, before the person applies to the Federal Court under paragraph 38.04(2)(c), enter into an agreement that permits the disclosure of part of the facts or information or disclosure of the facts or information subject to conditions.

No application to Federal Court

(2) If an agreement is entered into under subsection (1), the person may not apply to the Federal Court under paragraph 38.04(2)(c) with respect to the information about which he or she gave notice to the Attorney General of Canada under subsection 38.01(1) or (2).

(7) On the later of the coming into force of section 43 of this Act and section 16 of the other Act, section 38.04 of the Canada Evidence Act is replaced by the following:

Application to Federal Court - Attor ney General of Canada

38.04 (1) The Attorney General of Canada may, at any time and in any circumstances, apply to the Federal Court for an order with respect to the disclosure of information about which notice was given under any of subsections 38.01(1) to (4).

Application to Federal Court - gene ral

(2) If, with respect to information about which notice was given under any of subsections 38.01(1) to (4), the Attorney General of Canada does not provide notice of a decision in accordance with subsection 38.03(3) or, other than by an agreement under section 38.031, authorizes the disclosure of only part of the information or disclosure subject to any conditions,

    (a) the Attorney General of Canada shall apply to the Federal Court for an order with respect to disclosure of the information if a person who gave notice under subsection 38.01(1) or (2) is a witness;

    (b) a person, other than a witness, who is required to disclose information in connection with a proceeding shall apply to the Federal Court for an order with respect to disclosure of the information; and

    (c) a person who is not required to disclose information in connection with a proceeding but who wishes to disclose it or to cause its disclosure may apply to the Federal Court for an order with respect to disclosure of the information.

Notice to Attorney General of Canada

(3) A person who applies to the Federal Court under paragraph (2)(b) or (c) shall provide notice of the application to the Attorney General of Canada.

Court records

(4) An application under this section is confidential. Subject to section 38.12, the Chief Administrator of the Courts Administration Service may take any measure that he or she considers appropriate to protect the confidentiality of the application and the information to which it relates.

Procedure

(5) As soon as the Federal Court is seized of an application under this section, the judge

    (a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and concerning the persons who should be given notice of any hearing of the matter;