1999, c. 18,
s. 108(3)
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(2) Subsections 18(7) to (9) of the Act are
replaced by the following:
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Other laws to
apply
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(7) A person named in an order made under
subsection (1) shall answer questions and
produce records or things to the person
designated under paragraph (2)(c) in
accordance with the laws of evidence and
procedure in the state or entity that presented
the request, but may refuse if answering the
questions or producing the records or things
would disclose information that is protected
by the Canadian law of non-disclosure of
information or privilege.
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Execution of
order to be
completed
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(8) If a person refuses to answer a question
or to produce a record or thing, the person
designated under paragraph (2)(c)
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Statement of
reasons for
refusal
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(9) A person named in an order made under
subsection (1) who, under subsection (7),
refuses to answer one or more questions or to
produce certain records or things shall, within
seven days, give to the person designated
under paragraph (2)(c), unless that person has
already ruled on the objection under
paragraph (8)(a), a detailed statement in
writing of the reasons on which the person
bases the refusal to answer each question that
the person refuses to answer or to produce
each record or thing that the person refuses to
produce.
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64. Subsection 19(3) of the Act is replaced
by the following:
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Refusals
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(3) If any reasons contained in a statement
given under subsection 18(9) are based on the
Canadian law of non-disclosure of
information or privilege, a judge to whom a
report is made shall determine whether those
reasons are well-founded, and, if the judge
determines that they are, that determination
shall be mentioned in any order that the judge
makes under section 20, but if the judge
determines that they are not, the judge shall
order that the person named in the order made
under subsection 18(1) answer the questions
or produce the records or things.
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1999, c. 18,
s. 110(2)
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65. Subsections 20(3) and (4) of the Act
are replaced by the following:
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Further
execution
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(3) The execution of an order made under
subsection 18(1) that was not completely
executed because of a refusal, by reason of a
law that applies to the state or entity, to answer
one or more questions or to produce certain
records or things to the person designated
under paragraph 18(2)(c) may be continued,
unless a ruling has already been made on the
objection under paragraph 18(8)(a), if a court
of the state or entity or a person designated by
the state or entity determines that the reasons
are not well-founded and the state or entity so
advises the Minister.
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Leave of
judge required
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(4) No person named in an order made
under subsection 18(1) whose reasons for
refusing to answer a question or to produce a
record or thing are determined, in accordance
with subsection (3), not to be well-founded, or
whose objection has been ruled against under
paragraph 18(8)(a), shall, during the
continued execution of the order or ruling,
refuse to answer that question or to produce
that record or thing to the person designated
under paragraph 18(2)(c), except with the
permission of the judge who made the order or
ruling or another judge of the same court.
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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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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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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
|
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
|
(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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State Immunity Act |
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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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Witness Protection Program Act |
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71. Paragraph 3(b) of the Witness
Protection Program Act is replaced by the
following:
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72. Paragraph 6(1)(a) of the Act is
replaced by the following:
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73. Paragraph 10(a) of the Act is replaced
by the following:
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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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CONDITIONAL AMENDMENT |
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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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Bill C-22
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76.1 (1) If Bill C-22, introduced in the 2nd
session of the 36th Parliament and entitled
the Proceeds of Crime (Money Laundering)
Act (referred to in this section as the ``other
Act''), receives royal assent, then the
definition of ``money laundering offence''
in section 2 of the other Act is replaced by
the following:
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``money
laundering
offence'' « infraction de recyclage des produits de la criminalité »
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``money laundering offence'' means an
offence under subsection 462.31(1) of the
Criminal Code, section 9 of the Controlled
Drugs and Substances Act, section 126.2 of
the Excise Act, section 163.2 of the Customs
Act, section 5 of the Corruption of Foreign
Public Officials Act or section 28 of the
Crimes Against Humanity and War Crimes
Act.
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Coming into
force
|
(2) Subsection (1) comes into force on the
later of the coming into force of section 1 of
this Act and the day on which the other Act
receives royal assent.
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COMING INTO FORCE |
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Coming into
force
|
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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