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Bill C-36

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Limitation period for appeal

(12) An appeal under subsection (11) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.

Special rules for hearings

(13) An application under subsection (8) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.

Ex parte representation s

(14) During the hearing of an application under subsection (8) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.

Copies

(15) Where any information or document is examined or provided under subsection (3), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.

Definition of ``judge''

(16) In this section, ``judge'' means a judge of the Federal Court designated by the Chief Justice of the Federal Court for the purposes of the Canadian Security Intelligence Service Act.

Hearing of applications

60.2 An application under subsection 60.1(2) to a judge for a production order, or an objection under subsection 60.1(7), shall be heard in private in accordance with regulations made under section 28 of the Canadian Security Intelligence Service Act.

73. (1) Paragraphs 73(1)(e.1) to (g) of the Act are replaced by the following:

    (e.1) specifying the information to be contained in a report under section 7 or 7.1 or subsection 9(1);

    (f) specifying measures that persons or entities are to take to identify any person or entity in respect of which a record is required to be kept or a report made;

    (g) defining ``casinos'', ``courier'' and ``monetary instruments'';

(2) Subsections 73(2) and (3) of the Act are repealed.

74. Section 75 of the Act is replaced by the following:

Reporting - s ections 7 and 7.1

75. (1) Every person or entity that knowingly contravenes section 7 or 7.1 is guilty of an offence and liable

    (a) on summary conviction,

      (i) for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and

      (ii) for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both; or

    (b) on conviction on indictment, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both.

Defence for employees

(2) No employee of a person or an entity shall be convicted of an offence under subsection (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they reported to their superior.

75. Section 80 of the Act is replaced by the following:

Exemption

80. A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under any of sections 74 to 77 if the peace officer or person does any of the things mentioned in those sections for the purpose of investigating a money laundering offence or a terrorist activity financing offence.

Consequential Amendments

R.S., c. A-1

Access to Information Act

76. Schedule II to the Access to Information Act is amended by replacing ``Proceeds of Crime (Money Laundering) Act'' with ``Proceeds of Crime (Money Laundering) and Terrorist Financing Act''.

R.S., c. C-10

Canada Post Corporation Act

R.S., c. 1 (2nd Supp.), s. 170(2)

77. Subsection 40(3) of the Canada Post Corporation Act, as enacted by section 86 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

Liability to seizure

(3) Notwithstanding any other Act or law, but subject to this Act and the regulations and to the Canadian Security Intelligence Service Act, the Customs Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, nothing in the course of post is liable to demand, seizure, detention or retention.

R.S., c. 1 (2nd Supp), s. 171

78. Subsections 42(2) and (2.1) of the Act, as enacted by section 87 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, are replaced by the following:

Mail in the course of post

(2) All mail that is submitted to a customs officer under this section remains, for the purposes of this Act, in the course of post unless it is seized under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Notice of seizure or detention

(2.1) If mail is seized or detained under the Customs Act or seized or retained under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, notice of the seizure, detention or retention shall be given in writing to the Corporation within sixty days after the seizure, detention or retention unless the mail has, before the expiry of that time, been delivered to the addressee of the mail or returned to the Corporation.

R.S., c. 1 (2nd Supp.), s. 172(1)

79. Section 48 of the Act, as enacted by section 88 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

Opening mail

48. Every person commits an offence who, except where expressly authorized by or under this Act, the Customs Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, knowingly opens, keeps, secretes, delays or detains, or permits to be opened, kept, secreted, delayed or detained, any mail bag or mail or any receptacle or device authorized by the Corporation for the posting of mail.

R.S., c. C-46

Criminal Code

2000, c. 17, s. 89

80. Subsection 488.1(11) of the Criminal Code is replaced by the following:

Exception

(11) This section does not apply in circumstances where a claim of solicitor-client privilege may be made under the Income Tax Act or under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

2000, c. 5

Personal Information Protection and Electronic Documents Act

81. Subsection 7(3) of the Personal Information Protection and Electronic Documents Act is amended by adding the following after paragraph (c.1):

    (c.2) made to the government institution mentioned in section 7 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act as required by that section;

82. Subsection 9(2.3) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by adding the following after paragraph (a):

    (a.1) the detection, prevention or deterrence of money laundering or the financing of terrorist activities; or

1993, c. 37

Seized Property Management Act

83. Subparagraph 3(b)(iv) of the Seized Property Management Act, as enacted by section 92 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

      (iv) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

84. Paragraph 4(1)(b.1) of the Act, as enacted by section 93 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

    (b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; or

1995, c. 22, s. 18 (Sch. IV, item 11)

85. Paragraph 9(e) of the Act, as enacted by section 94 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

    (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11;

86. Subsection 10(2) of the Act, as enacted by section 95 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, chapter 17 of the Statutes of Canada, 2000, is replaced by the following:

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

(2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be.

PART 5

AMENDMENTS TO OTHER ACTS

R.S., c. A-1

Access to Information Act

87. The Access to Information Act is amended by adding the following after section 69:

Certificate under Canada Evidence Act

69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.

Certificate following filing of complaint

(2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Act in relation to a request for access to that information

    (a) all proceedings under this Act in respect of the complaint, including an investigation, appeal or judicial review, are discontinued;

    (b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

    (c) the Information Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.

R.S., c. H-6

Canadian Human Rights Act

88. Subsection 13(2) of the Canadian Human Rights Act is replaced by the following:

Interpretation

(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

R.S., c. C-23

Canadian Security Intelligence Service Act

89. Paragraph (c) of the definition ``threats to the security of Canada'' in section 2 of the Canadian Security Intelligence Service Act is replaced by the following:

      (c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

1992, c. 20

Corrections and Conditional Release Act

1995, c. 42, s. 39

90. Subparagraph 125(1)(a)(ii) of the Corrections and Conditional Release Act is replaced by the following:

      (ii) an offence set out in Schedule I or a conspiracy to commit such an offence,

      (ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing commission of offence for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,

91. Paragraph 1(a) of Schedule I to the Act is replaced by the following:

    (a) section 75 (piratical acts);

    (a.1) section 76 (hijacking);

    (a.2) section 77 (endangering safety of aircraft or airport);

    (a.3) section 78.1 (seizing control of ship or fixed platform);

    (a.4) paragraph 81(1)(a), (b) or (d) (use of explosives);

    (a.5) paragraph 81(2)(a) (causing injury with intent);

92. Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.2):

    (z.21) section 279.1 (hostage taking);

93. Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.3):

    (z.31) subsection 430(2) (mischief that causes actual danger to life);

    (z.32) section 431 (attack on premises, residence or transport of internationally protected person);

    (z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);

    (z.34) subsection 431.2(2) (explosive or other lethal device);

Transitional provision

94. (1) The following provisions apply to an offender regardless of the day on which the offender was sentenced, committed or transferred to penitentiary:

    (a) subparagraph 125(1)(a)(ii) of the Act as amended by section 90, if the offence was a conspiracy to commit an offence set out in Schedule I; and

    (b) Schedule I to the Act as amended by sections 91 to93 .

Offenders referred to Board

(2) Subsection (1) does not apply to an offender in respect of whom the Board has made a direction under section 126 before the coming into force of sections 90 to 93 .

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