Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting certain measures relating to the security of Canada’s borders and the integrity of the Canadian immigration system and respecting other related security measures”.

Part 1 amends the Customs Act to provide the Canada Border Services Agency with facilities free of charge for carrying out any purpose related to the administration or enforcement of that Act and other Acts of Parliament and to provide officers of that Agency with access at certain locations to goods destined for export. It also includes transitional provisions.

Part 3 amends the Controlled Drugs and Substances Act and the Cannabis Act to confirm that the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations exempting members of law enforcement from the application of any provision of the Criminal Code that creates drug-related inchoate offences when they are undertaking lawful investigations.

Part 4 amends the Oceans Act to transfer the responsibility for the coast guard services from the Minister of Fisheries and Oceans to the Minister of National Defence, to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.

Part 5 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.

It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.

Part 6 amends the Immigration and Refugee Protection Act to, among other things,

It also includes transitional provisions.

Part 7 amends the Immigration and Refugee Protection Act to, among other things,

Part 8 amends the Immigration and Refugee Protection Act to add two new grounds of ineligibility for claims for refugee protection as well as powers to make regulations respecting exceptions to those new grounds. It also requires the officer to terminate the processing of the claim if the claim is determined to be ineligible. It also includes a transitional provision respecting the retroactive application of those new grounds.

Part 9 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,

It also makes consequential and related amendments to the Retail Payment Activities Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.

Part 10 amends the Office of the Superintendent of Financial Institutions Act to make the Director of the Financial Transactions and Reports Analysis Centre of Canada a member of the committee established under subsection 18(1) of that Act. It also amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to enable the Director to exchange information with the other members of that committee.

Part 11 amends the Sex Offender Information Registration Act to, among other things,

It also makes a related amendment to the Customs Act.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Customs facilities

6 (1) The owner or operator of any of the following bridges, tunnels, railways, airports, wharves or docks must provide, equip and maintain free of charge — at or near the bridge, tunnel, railway, airport, wharf or dock — adequate buildings, accommodation or other facilities for carrying out any purpose related to the administration or enforcement of program legislation, as defined in section 2 of the Canada Border Services Agency Act:

• (a) an international bridge or tunnel, for the use of which a toll or other charge is payable,

• (b) a railway operating internationally, or

• (c) an airport, wharf or dock that receives conveyances operating internationally, whether they are arriving in, departing from or expected to depart from Canada, and in respect of which a customs office has been designated under section 5.

Règlements

(3) Sous réserve du paragraphe (4), le gouverneur en conseil peut, par règlement, déterminer les locaux ou autres installations qui sont adéquats aux fins visées au paragraphe (1).

Exportation

Officer’s access to goods — transportation

97.‍01 (1) Every person who transports or causes to be transported within Canada goods destined for export must, at an officer’s request, give the officer free access to any premises or place under the person’s control that is attached to or forms part of any place where any goods destined for export are reported, loaded, unloaded or stored and open any package or container of those goods or remove any packaging from those goods.

No entry without consent or warrant

(2) If any premises or place referred to in subsection (1) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

Warrant

(3) On ex parte application by the Minister, a judge may issue a warrant authorizing an officer to enter a dwelling-house, subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that

• (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

• (b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and

• (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry into the dwelling-house will be, refused.

Definition of dwelling-house

(4) In this section, dwelling-house has the same meaning as in subsection 42(1).

Officer’s access to goods — warehouses

97.‍02 The operator of a sufferance warehouse or a bonded warehouse must, at an officer’s request, give the officer free access to the warehouse or any premises or place under the operator’s control that is attached to or forms part of the warehouse and open any package or container of goods destined for export or remove any packaging from those goods.

controlled substance means a substance included in any of Schedules I to IV or in Part 1 of Schedule V; (substance désignée)

precursor means a substance included in Part 2 of Schedule V or in Schedule VI; (précurseur)

Relevant information

(3) In making an order under subsection (1) or (2), the Minister may take into account any relevant information provided by the Minister of Public Safety and Emergency Preparedness.

Deletion of item or portion of item

(4) An item or portion of an item is deleted from Schedule V on the earliest of

• (a) the day specified in an order made under subsection (2) in relation to that item or portion of an item,

• (b) the beginning of the day on which that item or portion of an item is added to any of Schedules I to IV and VI, and

• (c) the end of the period set out for the item in question.

Amending schedules to regulations

60.‍2 The Governor in Council may make regulations authorizing the Minister

• (a) to add to or delete from, by order, any schedule to a regulation made under this Act any substance included in Schedule V to this Act; and

• (b) to make, by order, any other amendment to a schedule to a regulation made under this Act that is consequential or related to an addition or deletion referred to in paragraph (a).

Class A precursor means any of the following precursors:

• (a) a precursor included in Table 1 of Part 2 of Schedule V to the Act;

• (b) a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 1 of Part 2 of that Schedule;

• (c) a precursor included in Part 1 of Schedule VI to the Act;

• (d) a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 1 of that Schedule.‍ (précurseur de catégorie A)

Class B precursor means any of the following precursors:

• (a) a precursor included in Table 2 of Part 2 of Schedule V to the Act;

• (b) a preparation or mixture included in Table 3 of Part 2 of Schedule V to the Act that contains a precursor included in Table 2 of Part 2 of that Schedule;

• (c) a precursor included in Part 2 of Schedule VI to the Act;

• (d) a preparation or mixture included in Part 3 of Schedule VI to the Act that contains a precursor included in Part 2 of that Schedule.‍ (précurseur de catégorie B)

Temporarily Scheduled Precursors

• (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

• (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

• (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

• (b.‍1) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of the Criminal Code that creates the offence of conspiracy or attempt to commit, being an accessory after the fact in relation to, or counselling in relation to, an offence under this Act;

Encouragement of activities

(2) For the purpose of subsection (1), the Minister shall encourage activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada.

Coast guard services

41 (1) The Minister of National Defence is responsible for coast guard services and their powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to

• (e) the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; and

• (f) security, including security patrols and the collection, analysis and disclosure of information or intelligence.

Cost-effectiveness

(2) The Minister of National Defence shall ensure that the services referred to in subparagraphs (1)‍(a)‍(i) to (iv) are provided in a cost-effective manner.

Powers with respect to information and intelligence

41.‍1 In exercising the powers and performing the duties and functions assigned to them under section 41, the Minister, or any other member of the King’s Privy Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence.

Disclosure of Personal Information

Definition of personal information

Disclosure within Department

Disclosure outside Department

• (a) the identity of an individual and any changes to their identity;

• (b) the status of an individual in Canada and any changes to their status;

• (c) the contents or status of any document issued to an individual by the Minister under a provision for which the Minister is responsible in an Act of Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document.

Prohibition

• (a) with the written consent of the Minister; and

• (b) in a manner that respects Canada’s international obligations in respect of mistreatment, as defined in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act.

Other disclosure authorities

Regulations

• (a) the disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; and

• (b) the meaning of terms used in those sections.

• (f) the disclosure, for the purposes of cooperation, of information collected for the purposes of this Act to federal departments and agencies, including personal information disclosed under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details.

prescribed means prescribed by regulation.‍ (Version anglaise seulement)

Representation

6.‍1 (1) The Minister must, in the prescribed circumstances, designate a person to represent a person who is the subject of a prescribed proceeding or application if the person who is the subject of the proceeding or application is under 18 years of age or is unable, in the opinion of the Minister, to appreciate the nature of the proceeding or application. That obligation does not apply in respect of a proceeding before a Division of the Board.

Personal information

(2) The Minister may disclose the personal information of the person who is the subject of the proceeding or application to the representative.

Regulations

(3) The regulations may provide for any matter relating to the application of this section, may prescribe the circumstances in which, and the proceedings and applications for which, a representative must be designated and may include provisions respecting

• (a) the responsibilities of a representative and the requirements that must be met to be designated as a representative;

• (b) the circumstances in which a representative may make decisions on behalf of the person they represent; and

• (c) the remuneration of a representative.

Non-application of instructions

(6) The instructions do not apply in respect of a prescribed class.

Autorisation d’entrer : contrôle complémentaire ou enquête

23 L’agent peut autoriser une personne à entrer au Canada en vue du contrôle complémentaire ou de l’enquête prévus par la présente partie.

• (a.‍1) the day on which their claim was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review;

• (a.‍2) in any other case where their claim was determined by the Minister to be withdrawn, the later of

  • (i) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last one occurred, and

  • (ii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

• (b) the foreign national has made a claim for refugee protection that has been determined to be eligible to be referred to the Refugee Protection Division or that is pending before that Division or the Refugee Appeal Division;

• (d) is, if prescribed, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Referral or removal order

(2) If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the case of a foreign national, in the prescribed circumstances. In those cases, the Minister may make a removal order.

Presence in Canada

44.‍1 The Immigration Division must not hold an admissibility hearing if the permanent resident or foreign national who is the subject of the hearing is not physically present in Canada.

In force

49 (1) A removal order comes into force on

• (a) the day on which it is made, if there is no right to appeal;

• (b) the day after the day on which the appeal period expires, if there is a right to appeal and no appeal is made; or

• (c) the day on which a final determination is made that has the effect of confirming the removal order, if an appeal is made.

In force — claimants

(2) Despite subsection (1), a removal order made with respect to a refugee protection claimant is conditional and comes into force

• (a) on the day on which notice is provided that the claim has been determined to be ineligible only under paragraph 101(1)‍(e);

• (b) seven days after the day on which notice is provided that the claim has otherwise been determined to be ineligible under subsection 101(1);

• (c) if the claim is rejected by the Refugee Protection Division and there is no right to appeal, 15 days after the day on which notice of the rejection is provided;

• (d) if the claim is rejected by the Refugee Protection Division and the claimant does not file and perfect an appeal within the applicable time limits, on the later of

  • (i) the day after the day on which the applicable time limit expires, and

  • (ii) 15 days after the day on which notice of the rejection is provided;

• (e) 15 days after the day on which the Refugee Appeal Division provides notice that the claim is rejected;

• (f) on the day on which notice is provided that the claim has been determined to be withdrawn;

• (g) 15 days after the day on which notice is provided that the claim has been determined to be abandoned; or

• (h) 15 days after the day on which proceedings are terminated as a result of a notice given under paragraph 104(1)‍(c) or (d).

Monthly report on removal orders

(3) The Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays.

Additional information

(4) The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed.

Tabling

(5) The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day.

Person in need of protection

(2) A person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection.

Consideration of Claims Prior to Referral

Consideration of claims

100 (1) An officer must, after receiving a claim referred to in subsection 99(3), determine whether it is eligible to be referred to the Refugee Protection Division. If it is determined to be eligible, the Minister must consider it further within the prescribed time limit.

Suspension of consideration

(2) The officer or the Minister must suspend consideration of the person’s claim if

• (b) the person is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years and the officer or the Minister considers it necessary to wait for a court decision with respect to the charge.

Ineligibility — determination by Minister

(3) The Minister may, after considering a claim, determine that it is ineligible to be referred to the Refugee Protection Division despite the determination made under subsection (1).

Documents and information to be provided

(4) A person who makes a claim for refugee protection inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — must, within the time limits provided for in the regulations and in the manner specified by the Minister, provide the Minister with the documents and information specified by the Minister and the documents and information required by the rules of the Board.

Referral of claims

100.‍1 (1) Subject to subsections 100(1) to (3) and section 102.‍2, the Minister must refer a claim for refugee protection to the Refugee Protection Division if

• (a) the claim has been determined to be eligible for referral;

• (b) the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); and

• (c) in the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.

Restriction

(2) The Refugee Protection Division is not authorized to consider a claim for the purposes of subsection 107(1) until the claim has been referred to it under subsection (1).

Abandonment and Withdrawal of Claims

Abandoned claims

Determination

Limit

Requirements

Failure to comply

Termination

• (a) the person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;

• (b) the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; or

• (c) a prescribed circumstance exists.

Withdrawal of claims

Reinstatement of claim

• (c) the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or

Presence in Canada

104.‍1 (1) For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division

• (a) in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned; and

• (b) in any other case, must not commence, or must suspend, consideration of the claim.

Refugee Appeal Division

(2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division

• (a) in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned; and

• (b) in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister.

Procedure

(3) Subject to subsections (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent or mandatary of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.

Confirmation of rejection

(3) If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.

• (a) time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister;

• (a.‍1) time limits for the Minister to consider claims under subsection 100(1);

• (b.‍1) subject to subsection (2.‍1), less than 12 months have passed since

• (b.‍2) subject to subsection (2.‍1), less than 12 months have passed since

  • (i) the day on which their claim for refugee protection was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or

  • (ii) in any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later of

    • (A) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last determination occurred, and

    • (B) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or

• (c) subject to subsection (2.‍1), less than 12 months have passed since

Exemption

(2.‍1) The Minister may exempt from the application of paragraph (2)‍(b.‍1), (b.‍2) or (c)

Prosecution of designated offences

144 (1) In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced in accordance with this section.

• (g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay, including by specifying the manner in which decisions must be rendered and reasons for decisions must be given;

• (a.‍11) the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with;

Clarification

(1.‍1) For greater certainty, if the Refugee Protection Division or the Refugee Appeal Division is prevented under section 104.‍1 from considering a claim or appeal, it may determine under subsection (1) that the claim or appeal has been abandoned.

• (e) written reasons for the decision must be provided to the person who is the subject of the decision and to the Minister in circumstances provided for in the rules of the Board or if the person or the Minister requests them within 10 days after notice of the decision is provided; and

• (f) may, despite paragraph (b), accept a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene;

Termination — processing of application

11.‍3 An officer may terminate the processing of an application for a visa or other document in the prescribed circumstances.

• (b.‍1) the circumstances in which an officer may terminate the processing of an application for a visa or other document;

Document — cancellation, suspension or variation

20.‍01 (1) An officer may, in the prescribed circumstances, cancel, suspend or vary a visa or other document.

For greater certainty

(2) For greater certainty, subsection (1) does not affect any other lawful authority to cancel, suspend or vary a visa or other document.

For greater certainty

(3) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status.

Permis de séjour temporaire

24 (1) Devient résident temporaire l’étranger, dont l’agent estime qu’il est interdit de territoire ou ne se conforme pas à la présente loi, à qui il délivre, s’il estime que les circonstances le justifient, un permis de séjour temporaire — titre annulable en tout temps.

• (b.‍01) the circumstances in which an officer may cancel, suspend or vary a visa or other document;

DIVISION 3.‍1 

Examination — Foreign Nationals

Obligation — answer truthfully

32.‍1 (1) A foreign national who is outside Canada and who holds a permanent resident visa, temporary resident visa, electronic travel authorization, temporary resident permit or any other document must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, answer truthfully all questions put to them by an officer and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Obligation — appear for examination

(2) A foreign national who is outside Canada and who holds a document referred to in subsection (1) must, in order to confirm that they meet the requirements of this Act in respect of that document and in the prescribed circumstances, appear for an examination, including a medical examination, on request of an officer.

For greater certainty

(3) For greater certainty, subsections (1) and (2) do not affect any other lawful authority relating to the conduct of an examination of foreign nationals.

Regulations

32.‍2 The regulations may prescribe the circumstances in which a foreign national who is outside Canada and who holds a document referred to in subsection 32.‍1(1) must appear for examination, answer truthfully all questions put to them and produce a visa and all relevant evidence and documents.

• (c) on cancellation of their temporary resident permit, other than cancellation by an order made under subsection 87.‍302(1).

Orders Made in the Public Interest

Public interest

87.‍3001 For the purposes of subsections 87.‍301(1), 87.‍302(1) and 87.‍303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security.

Order in council — applications

87.‍301 (1) The Governor in Council may make an order specifying one or more of the following, if the Governor in Council is of the opinion that it is in the public interest to do so:

• (a) applications for permanent resident visas, temporary resident visas, electronic travel authorizations, work permits, study permits or any other documents, or any combination of those types of applications, made by foreign nationals are not to be accepted for processing if they are received during the period set out in the order or, if a period is not set out, during the period for which the order is in force;

• (b) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period set out in the order or, if a period is not set out, during the period for which the order is in force; or

• (c) the processing of any such types of applications, or any combination of them, made by foreign nationals that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.

Other elements of order

(2) An order made under subsection (1) may

• (a) restrict the application of the order to certain foreign nationals or to applications within a class of applications that is specified in the order;

• (b) provide for the retention, return or other disposition of applications;

• (c) specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)‍(a) or (b) are to be repaid and, if they are, that such a repayment is to be made without interest from the Consolidated Revenue Fund; and

• (d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Termination — fees repaid

(3) An order made under subsection (1) must specify whether, despite any other Act of Parliament, any fees paid in respect of an application referred to in paragraph (1)‍(c) are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.

Order in council — documents

87.‍302 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order,

• (a) cancel or vary documents, including permanent resident visas, permanent resident cards, temporary resident visas, electronic travel authorizations, temporary resident permits, work permits or study permits;

• (b) suspend such documents for the period set out in the order or, if a period is not set out, during the period for which the order is in force;

• (c) impose or vary conditions on such documents — including a condition or requirement imposed under the provision of any other Act of Parliament, or of any regulations or orders made under such an Act, or one related to the compliance with any such provision — for the period set out in the order or, if a period is not set out, during the period for which the order is in force; or

• (d) impose or vary such conditions on temporary residents for the period set out in the order or, if a period is not set out, during the period for which the order is in force.

For greater certainty

(1.‍1) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status or to grant or extend study permits or work permits.

Recommendation

(2) An order made under subsection (1) whose measures concern, in whole or in part, persons inside Canada must be made on the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness.

Other elements of order

(3) An order made under subsection (1) may

• (a) restrict the application of the order to certain documents or individuals;

• (b) provide for the return of documents; and

• (c) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.

Amendments by Governor in Council

87.‍303 (1) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, amend or repeal any order made under subsection 87.‍301(1) or 87.‍302(1).

Amendments by Minister

(2) If the Governor in Council is of the opinion that it is in the public interest to do so, the Governor in Council may, by order, authorize the Minister, by order, to amend or repeal any order made under subsection 87.‍301(1) or 87.‍302(1), subject to any conditions that the Governor in Council may specify.

Concurrence

(3) If the amendment or repeal concerns, in whole or in part, persons in Canada, then it requires,

• (a) in the case of an amendment or repeal made by the Governor in Council, the Minister’s recommendation with the concurrence of the Minister of Public Safety and Emergency Preparedness; or

• (b) in the case of an amendment or repeal made by the Minister, the concurrence of the Minister of Public Safety and Emergency Preparedness.

Report to Parliament

87.‍3031 (1) If an order is made under subsection 87.‍301(1), 87.‍302(1) or 87.‍303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting out

• (a) the reasons that the order was made;

• (b) the number of applications or documents affected; and

• (c) a description of the persons or groups affected by the order.

Referral to committee

(2) The report stands referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

Appearance of Minister

(3) At the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future.

Obligation

87.‍304 (1) A person must answer truthfully all questions put to them by an officer that relate to the application of an order made under subsection 87.‍302(1) and must produce a visa and all relevant evidence and documents that the officer reasonably requires for the purpose of the application of such an order.

Obligation — appear for examination

(2) A person must, on request of an officer, appear for an examination — including a medical examination — that relates to the application of an order made under subsection 87.‍302(1).

Non-application of Statutory Instruments Act

87.‍305 An order made under subsection 87.‍301(1), 87.‍302(1) or 87.‍303(1) or (2), or a ministerial order referred to in subsection 87.‍303(2), is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and must be published in the Canada Gazette not later than 23 days after the day on which it is made.

• (b.‍1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;

• (b.‍2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.‍4(1.‍1) of the Immigration and Refugee Protection Regulations;

Paragraph (1)‍(b.‍1) — multiple entries

(1.‍1) For the purposes of paragraph (1)‍(b.‍1), if the claimant has entered Canada more than once after June 24, 2020, the one-year period referred to in that paragraph begins on the day after the day of their first entry.

Termination — processing

(1.‍2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim.

• (b.‍1) exceptions to the application of paragraph 101(1)‍(b.‍1);

• (b.‍2) exceptions to the application of paragraph 101(1)‍(b.‍2);

compliance order violation means a violation referred to in subsection 73.‍18(1).‍ (violation d’un ordre de conformité)

prescribed violation means a violation referred to in section 73.‍13.‍ (violation réglementaire)

• (d) identifying information, for the purposes of subsection 54.‍1(3) or 54.‍2(3);

Record Keeping, Verifying Identity, Reporting of Suspicious Transactions, Registration and Enrolment

Prohibition — anonymous account or client

9.‍2 (1) No person or entity referred to in section 5 shall open an anonymous account or an account for an anonymous client.

Anonymous client

(2) A client is anonymous for the purposes of subsection (1) if the person or entity cannot verify the identity of the client in accordance with the regulations or if the client’s name is obviously fictitious.

Program requirements

(1.‍1) The person or entity shall ensure that the program is reasonably designed, risk-based and effective.

Inscription — entreprises fournissant des services monétaires

• (e.‍1) a person or entity that, having committed a compliance order violation or a prescribed violation and being liable to a penalty for it, and 30 days having elapsed since the day on which all proceedings in respect of the violation are ended, has still not paid the penalty together with any interest imposed under section 73.‍28;

• (e.‍2) a person or entity that is acting on behalf of or in concert with a person or entity referred to in paragraph (e.‍1) for the purpose of evading the payment of a penalty; or

Enrolment

Enrolment requirement

Exceptions

Application for enrolment

Notice of enrolment

Renewal

Application for renewal

Notice of renewal

Changes to information

Clarifications — applicant

Denial of application

Denial of application

• (a) the applicant committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.‍28; or

• (b) the Centre determines that the applicant is in a prescribed relationship with a person or entity in the situation described in paragraph (a).

Notice of denial

Clarifications — enrolled person or entity

Revocation of enrolment

Revocation of enrolment

• (a) the person or entity committed a compliance order violation or a prescribed violation, became liable to pay a penalty for it and, 30 days after the day on which all proceedings in respect of the violation ended, has still not paid the penalty together with any interest imposed under section 73.‍28; or

• (b) the Centre determines that the person or entity is in a prescribed relationship with a person or entity in the situation described in paragraph (a).

Notice of revocation

Requirement ceases to apply

Explanation

Notice of revocation

Notice of continued enrolment

Duty to notify

Application for review

Review by Director

Decision of Director

Appeal to Federal Court

Appeal

Precautions against disclosure

Records

(6) Any person or entity that imports or exports goods or that causes or arranges for goods to be imported or exported — for sale or for any industrial, occupational, commercial, institutional or other like use, or any other use that may be prescribed — or that produces, supplies, distributes, consumes or holds those goods for such a purpose shall keep at the person or entity’s place of business in Canada, or at any other place that the Minister may designate, any records in respect of the goods in any manner and for any period of time that may be prescribed. The person or entity shall, if an officer so requests, make the records available to the officer, within the time specified by the officer, and answer any questions asked by the officer in respect of them.

Request for Minister’s decision

39.‍14 A person or entity from which goods were seized under subsection 39.‍06(1), or the lawful owner of the goods, may — within 90 days after the date of the seizure and by giving notice to the Minister in writing or by any other means satisfactory to the Minister — request a decision of the Minister as to whether the officer who seized the goods had reasonable grounds to believe that the goods were proceeds of crime as defined in subsection 462.‍3(1) of the Criminal Code or were related to money laundering, to the financing of terrorist activities or to sanctions evasion.

Decision of Minister

39.‍18 (1) Within 90 days after the end of the period referred to in subsection 39.‍17(2), the Minister shall decide whether the officer who seized the goods had the reasonable grounds referred to in section 39.‍14.

Return of goods

39.‍19 If the Minister decides that the officer who seized the goods did not have the reasonable grounds referred to in section 39.‍14, the Minister of Public Works and Government Services shall, on being informed of the Minister’s decision, return the goods or an amount of money equal to their value at the time of the seizure, as the case may be.

Confirmation of forfeiture

39.‍2 If the Minister decides that the officer who seized the goods had the reasonable grounds referred to in section 39.‍14, the Minister may, subject to the terms and conditions that the Minister may determine and subject to any order made under section 39.‍24 or 39.‍25, confirm that the goods are forfeited to His Majesty in right of Canada.

• (a) has, during the five-year period before the day on which the application was submitted, been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of this Act;

• c) n’est pas inscrit sous le régime de l’article 11.‍1 de la présente loi.

• (a) a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of this Act;

• c) le Centre a révoqué, au titre des paragraphes 11.‍11(2), 11.‍13(2) ou 11.‍17(2) ou de l’article 11.‍171 de la présente loi, l’inscription d’un fournisseur de services de paiement enregistré, au sens de l’article 2 de la Loi sur les activités associées aux paiements de détail.

Roll

54.‍2 (1) The Centre is responsible for establishing and maintaining a roll of prescribed information submitted under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008 or 11.‍401.

Organization and keeping of roll

(2) The roll is to be organized in any manner and kept in any form that the Centre may determine.

Public access

(3) The Centre shall make available to the public the part of the information referred to in subsection (1) that is identifying information as defined in the regulations.

Verification of information

(4) The Centre may verify information submitted under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008, 11.‍401 or 11.‍4012.

Accuracy of information

(5) The Centre shall, in accordance with the regulations, ensure that inaccurate information on the roll is corrected.

Analysis of information

(6) The Centre may analyse and assess the information referred to in subsection (4) and, in that case, that analysis or assessment is deemed to be an analysis or assessment conducted under paragraph 54(1)‍(c).

Retention of information

(7) Subject to section 6 of the Privacy Act, the Centre shall retain information referred to in subsection (4) for 10 years beginning on the day on which the Centre denies an application for enrolment or for its renewal, on which an enrolled person or entity notifies the Centre under section 11.‍4012 or on which a person or entity is no longer enrolled with the Centre.

• (b.‍3) information provided under section 11.‍4002, 11.‍4005, 11.‍4007, 11.‍4008, 11.‍401 or 11.‍4012 except for identifying information referred to in subsection 54.‍2(3);

• (f.‍2) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;

• (d.‍1) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation;

To ensure compliance

62 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 or any person or entity that the authorized person believes on reasonable grounds to be a person or entity referred to in that section for the purpose of ensuring compliance with Part 1 or 1.‍1, and for that purpose may

Personne autorisée

72.‍1 S’agissant d’une personne ou entité visée à l’alinéa 5h.‍1), il suffit, pour que les avis soient considérés comme signifiés par le Centre ou à sa demande, qu’ils soient signifiés à la personne dont le nom est indiqué dans la demande d’inscription visée au paragraphe 11.‍12(1) — ou qui est fourni conformément au paragraphe 11.‍13(1) — qui est autorisée à accepter, au nom de la personne ou entité visée à cet alinéa, des avis signifiés par le Centre en vertu de la présente loi ou que celui-ci fait signifier en vertu de celle-ci.

• (j.‍1) respecting the enrolment referred to in sections 11.‍4001 to 11.‍4015;

Notices of Violation, Compliance Agreements, Compliance Orders and Penalties

• (b) classifying each prescribed violation as a minor violation, a serious violation or a very serious violation and classifying a series of minor violations as a serious violation or a very serious violation;

• (c) having regard to subsection (2), fixing a penalty, or a range of penalties, in respect of any prescribed violation;

Maximum penalties — prescribed violation

(2) The maximum penalty for a prescribed violation is $4,000,000 if the violation is committed by a person and $20,000,000 if the violation is committed by an entity.

Maximum penalties — cumulative

(3) The maximum penalty for all the prescribed violations identified on a notice of violation taken together is

• (a) in the case of a person, the greater of $4,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and

• (b) in the case of an entity, the greater of $20,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.

Gross global revenue — affiliated entities

(4) If an entity is part of a group of entities that are affiliated, within the meaning of subsection 9.‍8(2), then, for the purpose of determining the maximum penalty applicable to the entity under paragraph (3)‍(b), the entity’s gross global revenue is deemed to be the gross global revenue of the group for the financial year before the one in which the penalty is imposed.

Criteria for penalty

73.‍11 Except if a penalty is fixed under paragraph 73.‍1(1)‍(c), the amount of a penalty shall, in each case, be determined taking into account

• (a) the fact that penalties have as their purpose to encourage compliance with this Act rather than to punish;

• (b) the harm done by the violation;

• (c) the ability of the person or entity to pay the amount; and

• (d) any other criteria that may be prescribed by regulation.

Information respecting ability to pay

73.‍111 (1) Subject to subsection (2), if the Centre requests information from the person or entity to enable the Centre to take into account paragraph 73.‍11(c), the person or entity may, in any representations made under subsection 73.‍15(2) with respect to that paragraph, rely only on information that the person or entity provided to the Centre before the deadline indicated by the Centre.

New information

(2) In the representations, the person or entity may rely on new information with respect to paragraph 73.‍11(c) only if

• (a) that information is with respect to facts that arose after the deadline;

• (b) that information was not reasonably available before the deadline; or

• (c) the person or entity could not reasonably have been expected in the circumstances to have provided that information before the deadline.

Violation or offence

73.‍12 If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

Prescribed violations

73.‍13 Every contravention that is designated under paragraph 73.‍1(1)‍(a) constitutes a prescribed violation and the person or entity that commits the prescribed violation is liable to a penalty determined in accordance with sections 73.‍1 and 73.‍11.

Notice of violation

73.‍131 If the Centre believes on reasonable grounds that a person or entity has committed a prescribed violation or a compliance order violation, the Centre may issue and cause to be served on the person or entity a notice of violation.

Contents of notice

73.‍14 (1) When the Centre issues a notice of violation, the notice shall name the person or entity believed to have committed a violation, identify the violation and set out

Notice of decision and right of appeal

(4) The Director shall cause notice of any decision made under subsection (2) or the penalty imposed under subsection (3) to be issued and served on the person or entity together with, in the case of a decision made under subsection (2) in respect of a serious violation, a very serious violation or a compliance order violation, notice of the right of appeal under subsection 73.‍21(1).

Compliance Agreements, Compliance Orders and Compliance Order Violations

Compliance agreement

Mandatory content

• (a) the measures that are to be taken by the person or entity to comply with the provision; and

• (b) the deadline for complying with the agreement.

Extension of deadline

Refusal to enter into agreement

Compliance order

Mandatory content

• (a) a requirement that the person or entity comply with the provision;

• (b) a requirement that the person or entity make public the measures taken or to be taken by the person or entity to comply with the provision; and

• (c) the deadline for complying with the order.

Reasons

Publication of compliance order

Extension of deadline for compliance

Compliance order violation

Penalty

• (a) in the case of a person, the greater of $5,000,000 and 3% of the person’s gross global income in the year before the one in which the penalty is imposed; and

• (b) in the case of an entity, the greater of $30,000,000 and 3% of the entity’s gross global revenue in its financial year before the one in which the penalty is imposed.

Gross global revenue — affiliated entities

Right of appeal

73.‍21 (1) A person or entity on which a notice of a decision made under subsection 73.‍15(2) is served, in respect of a serious violation, a very serious violation or a compliance order violation, may, within 30 days after the day on which the notice is served, or within any longer period that the Court allows, appeal the decision to the Federal Court.

Publication

73.‍22 (1) In the following cases, the Centre shall make public, as soon as feasible, the nature of the violation, the name of the person or entity and the amount of the applicable penalty:

Collecting penalties

73.‍27 (1) The Centre may, for the purpose of collecting penalties proposed in a notice of violation or imposed under this Part, enter into a contract, memorandum of understanding or other agreement with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, inside Canada, in its own name or in the name of His Majesty in right of Canada.

Evidence

73.‍4 In a proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under section 73.‍131, a notice of decision purporting to be issued under subsection 73.‍15(4) or a certificate purporting to be made under subsection 73.‍26(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

• (a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $10,000,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $20,000,000 or to imprisonment for a term of not more than five years, or to both.

Disclosure

76 Every person or entity that contravenes section 8 is guilty of an offence and liable

• (a) on summary conviction, 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 $2,500,000 or to imprisonment for a term of not more than two years, or to both.

Reporting — section 9

77 (1) Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000,000.

Reporting — section 11.‍43

(2) Every person or entity that contravenes section 11.‍43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.‍42(2)‍(e) and specified in a directive issued under subsection 11.‍42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $10,000,000.

Verifications and reviews — sections 9.‍92 and 9.‍93

77.‍01 Every person or entity that knowingly contravenes section 9.‍92 or 9.‍93 is guilty of an offence and liable

• (a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.

Provision of information

77.‍1 (1) Every person or entity that, under this Act, is required to provide information to the Centre or to a person responsible for carrying out functions under this Act is guilty of an offence if they knowingly

• (a) withhold material information;

• (b) make a false or misleading statement, including by omission; or

• (c) provide false or misleading information, including by omission.

Punishment

(2) Every person or entity that commits an offence under subsection (1) is liable

• (a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.

Punishment

(2) Every person or entity that commits an offence under subsection (1) is liable

• (a) on summary conviction, 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 $2,500,000 or to imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $1,000,000 or imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $2,500,000 or imprisonment for a term of not more than five years, or to both.

• (a) on summary conviction, to a fine of not more than $2,500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than five years, or to both.

Time limitation — five years

81 (1) Proceedings under paragraph 74(1)‍(a), 74(2)‍(a), 75(1)‍(a) or 76(a), subsection 77(1) or (2) or paragraph 77.‍1(2)‍(a) or 77.‍2(2)‍(a) may be instituted within, but not after, five years after the time when the subject-matter of the proceedings arose.

Documents : inscription

83.‍3 (1) Toute personne ou entité déterminée qui, à la date de référence, est inscrite auprès du Centre en application de l’article 11.‍1 lui fournit, selon les modalités réglementaires, les documents visés aux alinéas 11.‍12(1)b) et c), au plus tard au deuxième anniversaire.

• (c) the applicant has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (d) during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.‍15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of a serious violation, a very serious violation or a compliance order violation under that Act;

• (b) the payment service provider has been found guilty of an offence under section 74, 75 or 76, subsection 77(1) or section 77.‍01 or 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;

• (c) the Director of the Centre, under subsection 73.‍15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a serious violation, a very serious violation or a compliance order violation under that Act;

• (a) $1 to $40,000 in the case of a minor violation;

• (b) $1 to $4,000,000 in the case of a serious violation; and

• (c) $1 to $20,000,000 in the case of a very serious violation.

• (e) the Director of the Financial Transactions and Reports Analysis Centre of Canada.

Office of the Superintendent of Financial Institutions Act

53.‍41 (1) For the purpose referred to in subsection 18(3) of the Office of the Superintendent of Financial Institutions Act, the Director may disclose to, and collect from, the other members of the committee established under subsection 18(1) of that Act any information referred to in that subsection 18(3).

Limitation — Director

(2) The Director may disclose information under subsection (1) only if it relates to compliance with Part 1 or 1.‍1.

Purpose

2 (1) The purpose of this Act is to help police services and other law enforcement agencies prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

• (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services and other law enforcement agencies must have rapid access to certain information relating to sex offenders;

• (i) the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and

• (b) in an area in which an Indigenous police service is responsible for policing, a member of that police service.‍ (membre d’un service de police)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.‍ (corps dirigeant autochtone)

• (d) they are released from custody on the expiry of the sentence for the offence in connection with which the order is made or on statutory release, full parole or day parole, as those terms are defined in subsection 99(1) of the Corrections and Conditional Release Act, or work release as defined in subsection 18(1) of that Act.

• (b.‍01) within seven days after a change to the license plate number, make, model, body type, year of manufacture or colour of a motor vehicle that is registered in their name or that they use regularly or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

• (c) within 30 days before each anniversary of the day on which they were required to report to a registration centre under subsection 4(1) or (2), as the case may be.

Additional information

(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks, and may require that the sex offender’s photograph be taken.

For greater certainty

(1.‍03) For greater certainty, the death of a family member of the sex offender, a critical illness affecting a family member of the sex offender or another family emergency may constitute a reasonable excuse, having regard to the circumstances.

Canada Border Services Agency — disclosure of information

15.‍3 The Canada Border Services Agency may disclose the following information in respect of a sex offender to a member or employee of, or a person retained by, a law enforcement agency for the purpose of the administration or enforcement of this Act:

• (a) the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender;

• (b) the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it;

• (c) the date, time and place of the sex offender’s departure from Canada, their country of destination, the date, time and place of their arrival in Canada and the last country from which they arrived; and

• (d) in the case of an arrival in or departure from Canada by aircraft, the flight code that identifies the air carrier, as defined in subsection 3(1) of the Aeronautics Act, and the flight number.

• (b.‍1) a member or employee of, or a person retained by, a police service who consults information at a registration centre designated under the National Defence Act to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.‍019 or 490.‍02901 of the Criminal Code, section 227.‍06 of the National Defence Act or section 36.‍1 of the International Transfer of Offenders Act;

• (c.‍1) a member or employee of, or a person retained by, the Canada Border Services Agency who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;

• (c) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency and there are reasonable grounds to believe that the disclosure will

• (i) assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence,

• (i.‍1) assist them in the verification of the sex offender’s compliance with section 5,

• (ii) assist them in the prevention or investigation of a crime of a sexual nature, an offence under section 119.‍1 of the National Defence Act, an offence under section 490.‍031 or 490.‍0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or assist them in the laying of a charge for such an offence,

• (iii) assist them in the investigation of a criminal offence or a service offence, as defined in subsection 2(1) of the National Defence Act or in the laying of a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or

• (iv) assist them in obtaining a warrant under subsection 490.‍03121(1) of the Criminal Code and executing the warrant;

• (c.‍1) unless the disclosure is made to a victim of or witness to a crime of a sexual nature by a member or employee of, or a person retained by, a law enforcement agency who received the information under paragraph (c) and there are reasonable grounds to believe that the disclosure will assist in the investigation of the crime;

• (c.‍2) unless the disclosure is to a department or agency of the Government of Canada or of a provincial, territorial or municipal government in Canada or to an Indigenous governing body and there are reasonable grounds to believe that the disclosure will assist in the prevention or investigation of a crime of a sexual nature;

• (j.‍1) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency outside Canada and there are reasonable grounds to believe the disclosure will assist them in the prevention or investigation of a crime of a sexual nature;

• (j.‍2) unless the disclosure is to the Canada Border Services Agency, it is limited to the information referred to in paragraphs 5(1)‍(a), (b), (i) and (j) and there are reasonable grounds to believe that it will assist a member or employee of, or a person retained by, a law enforcement agency in the prevention or investigation of a crime of a sexual nature or an offence under section 490.‍031 or 490.‍0311 of the Criminal Code or in the laying of a charge for such an offence;

Offence

17 (1) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

For greater certainty

(2) For greater certainty, a person is not guilty of an offence under subsection (1) if they believed that they were acting in accordance with section 16.

• (l.‍4) any person who may receive information under section 15.‍2 or 15.‍3 of the Sex Offender Information Registration Act, solely for the purpose for which the information is provided;