1999, c. 18, s. 108(3)

(2) Subsections 18(7) to (9) of the Act are replaced by the following:

Other laws to apply

(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.

Execution of order to be completed

(8) If a person refuses to answer a question or to produce a record or thing, the person designated under paragraph (2)(c)

    (a) may, if he or she is a judge of a Canadian or foreign court, make immediate rulings on any objections or issues within his or her jurisdiction; or

    (b) shall, in any other case, continue the examination and ask any other question or request the production of any other record or thing mentioned in the order.

Statement of reasons for refusal

(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.

64. Subsection 19(3) of the Act is replaced by the following:

Refusals

(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.

1999, c. 18, s. 110(2)

65. Subsections 20(3) and (4) of the Act are replaced by the following:

Further execution

(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.

Leave of judge required

(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.

1999, c. 18, s. 112

66. Section 22 of the Act is replaced by the following:

Contempt of court

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).

Contempt of court

(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)

    (a) without giving the detailed statement required by subsection 18(9); or

    (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

      (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or

      (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.

1999, c. 18, s. 113

67. Subsection 22.1(1) of the Act is replaced by the following:

Approval of request to obtain evidence by video link, etc.

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.

1999, c. 18, s. 113

68. Paragraph 22.2(1)(a) of the Act is replaced by the following:

    (a) an offence has been committed; and

69. The Act is amended by adding the following after section 23:

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.

Application for order

(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.

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.

R.S., c. S-18

State Immunity Act

1991, c. 41, s. 13

70. Section 16 of the State Immunity Act is replaced by the following:

Inconsistency

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.

1996, c. 15

Witness Protection Program Act

71. Paragraph 3(b) of the Witness Protection Program Act is replaced by the following:

    (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.

72. Paragraph 6(1)(a) of the Act is replaced by the following:

    (a) a recommendation for the admission has been made by a law enforcement agency or an international criminal court or tribunal;

73. Paragraph 10(a) of the Act is replaced by the following:

    (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

74. Section 14 of the Act is amended by adding the following after subsection (2):

Arrangements

(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.

75. Paragraph 15(b) of the English version of the Act is replaced by the following:

    (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.

CONDITIONAL AMENDMENT

Bill C-16

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

    (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

    (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:

    (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 and War Crimes Act;

    (g) has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

Bill C-22

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 ``money laundering offence'' in section 2 of the other Act is replaced by the following:

``money laundering offence''
« infraction de recyclage des produits de la criminalité »

``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.

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.

COMING INTO FORCE

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.