| 1999, c. 18,
s. 112
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66. Section 22 of the Act is replaced by the
following:
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| Contempt of
court
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22. (1) A person named in an order made
under subsection 18(1) commits a contempt of
court if the person refuses to answer a question
or to produce a record or thing to the person
designated under paragraph 18(2)(c) after a
judge has ruled against the objection under
paragraph 18(8)(a).
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| Contempt of
court
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(2) If no ruling has been made under
paragraph 18(8)(a), a person named in an
order made under subsection 18(1) commits a
contempt of court if the person refuses to
answer a question or to produce a record or
thing to the person designated under
paragraph 18(2)(c)
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(a) without giving the detailed statement
required by subsection 18(9); or
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(b) if the person so named was already
asked the same question or requested to
produce the same record or thing and the
reasons on which that person based the
earlier refusal were determined not to be
well-founded by
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(i) a judge, if the reasons were based on
the Canadian law of non-disclosure of
information or privilege , or
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(ii) a court of the state or entity or by a
person designated by the state or entity, if
the reasons were based on a law that
applies to the state or entity.
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| 1999, c. 18,
s. 113
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67. Subsection 22.1(1) of the Act is
replaced by the following:
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| Approval of
request to
obtain
evidence by
video link,
etc.
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22.1 (1) If the Minister approves a request
of a state or entity to compel a person to
provide evidence or a statement regarding an
offence by means of technology that permits
the virtual presence of the person in the
territory over which the state or entity has
jurisdiction, or that permits the parties and the
court to hear and examine the witness, the
Minister shall provide a competent authority
with any documents or information necessary
to apply for the order.
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| 1999, c. 18,
s. 113
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68. Paragraph 22.2(1)(a) of the Act is
replaced by the following:
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(a) an offence has been committed; and
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69. The Act is amended by adding the
following after section 23:
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| Approval of
request for
examination
of place or
site
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23.1 (1) When the Minister approves a
request of a state or entity to examine a place
or site in Canada regarding an offence,
including by means of the exhumation and
examination of a grave, the Minister shall
provide a competent authority with any
documents or information necessary to apply
for an order.
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| Application
for order
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(2) The competent authority that is
provided with the documents or information
shall apply ex parte for an order for the
examination of a place or site to a judge of the
province in which the place or site is located.
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| Terms and
conditions of
order
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(3) An order may include any terms or
conditions that the judge considers desirable,
including those relating to the time and
manner of its execution, and a requirement for
notice.
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| R.S., c. S-18
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| 1991, c. 41,
s. 13
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70. Section 16 of the State Immunity Act is
replaced by the following:
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| Inconsistency
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16. If , in any proceeding or other matter to
which a provision of this Act and a provision
of the Extradition Act , the Visiting Forces Act
or the Foreign Missions and International
Organizations Act apply, there is a conflict
between those provisions, the provision of this
Act does not apply in the proceeding or other
matter to the extent of the conflict.
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| 1996, c. 15
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71. Paragraph 3(b) of the Witness
Protection Program Act is replaced by the
following:
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(b) activities conducted by any law
enforcement agency or international
criminal court or tribunal in respect of
which an agreement or arrangement has
been entered into under section 14.
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72. Paragraph 6(1)(a) of the Act is
replaced by the following:
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(a) a recommendation for the admission has
been made by a law enforcement agency or
an international criminal court or tribunal ;
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73. Paragraph 10(a) of the Act is replaced
by the following:
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(a) to refuse to admit a witness to the
Program, the Commissioner shall provide
the law enforcement agency or
international criminal court or tribunal that
recommended the admission or, in the case
of a witness recommended by the Force, the
witness, with written reasons to enable the
agency, court, tribunal or witness to
understand the basis for the decision; or
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74. Section 14 of the Act is amended by
adding the following after subsection (2):
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| Arrangements
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(3) The Minister may enter into an
arrangement with an international criminal
court or tribunal to enable a witness who is
involved in activities of that court or tribunal
to be admitted to the Program, but no such
person may be admitted to Canada pursuant to
any such arrangement without the consent of
the Minister of Citizenship and Immigration,
nor admitted to the Program without the
consent of the Minister.
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75. Paragraph 15(b) of the English
version of the Act is replaced by the
following:
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(b) whether to admit a witness to the
Program pursuant to an agreement under
paragraph 14(1)(a) or an arrangement under
subsection 14(2) or (3) or to change the
identity of a protectee or terminate the
protection provided to a protectee, the
member making the decision shall be the
Assistant Commissioner who is designated
by the Commissioner as being responsible
for the Program.
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| Bill C-16
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76. If Bill C-16, introduced in the 2nd
session of the 36th Parliament and entitled
the Citizenship of Canada Act (the ``other
Act''), receives royal assent, then
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(a) section 33 of this Act and the heading
before it are repealed if section 28 of the
other Act comes into force before that
section 33 comes into force; and
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(b) paragraphs 28(f) and (g) of the other
Act are replaced by the following, if
section 33 of this Act comes into force
before section 28 of the other Act comes
into force:
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(f) is under investigation by the Minister of
Justice, the Royal Canadian Mounted
Police or the Canadian Security
Intelligence Service for, or is charged with,
on trial for, subject to or a party to an appeal
relating to, an offence under any of sections
4 to 7 of the Crimes Against Humanity Act;
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(g) has been convicted of an offence under
any of sections 4 to 7 of the Crimes Against
Humanity Act;
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| Coming into
force
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77. The provisions of this Act and the
provisions of any Act enacted or amended
by this Act come into force on a day or days
to be fixed by order of the Governor in
Council.
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