|
|
(i) for a first offence, to a fine of not more
than $500,000 or to imprisonment for a
term of not more than six months, or to
both, and
|
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|
|
(ii) for a subsequent offence, to a fine of
not more than $1,000,000 or to
imprisonment for a term of not more than
one year, or to both; or
|
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|
|
(b) on conviction on indictment, to a fine of
not more than $2,000,000 or to
imprisonment for a term of not more than
five years, or to both.
|
|
| Defence for
employees
|
(2) No employee of a person or an entity
shall be convicted of an offence under
subsection (1) arising out of a contravention of
section 7 in respect of a transaction that they
reported to their superior.
|
|
|
|
75. Section 80 of the Act is replaced by the
following:
|
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| Exemption
|
80. A peace officer or a person acting under
the direction of a peace officer is not guilty of
an offence under any of sections 74 to 77 if the
peace officer or person does any of the things
mentioned in those sections for the purpose of
investigating a money laundering offence or a
terrorist activity financing offence .
|
|
|
|
|
|
| R.S., c. A-1
|
Access to Information Act
|
|
|
|
76. Schedule II to the Access to
Information Act is amended by replacing
``Proceeds of Crime (Money Laundering)
Act'' with ``Proceeds of Crime (Money
Laundering) and Terrorist Financing Act''.
|
|
| R.S., c. C-10
|
Canada Post Corporation Act
|
|
| R.S., c. 1 (2nd
Supp.),
s. 170(2)
|
77. Subsection 40(3) of the Canada Post
Corporation Act, as enacted by section 86 of
the Proceeds of Crime (Money Laundering)
and Terrorist Financing Act, chapter 17 of
the Statutes of Canada, 2000, is replaced by
the following:
|
|
| Liability to
seizure
|
(3) Notwithstanding any other Act or law,
but subject to this Act and the regulations and
to the Canadian Security Intelligence Service
Act, the Customs Act and the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act, nothing in the course of post is
liable to demand, seizure, detention or
retention.
|
|
| R.S., c. 1 (2nd
Supp), s. 171
|
78. Subsections 42(2) and (2.1) of the Act,
as enacted by section 87 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act, chapter 17 of the Statutes of
Canada, 2000, are replaced by the
following:
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|
| Mail in the
course of post
|
(2) All mail that is submitted to a customs
officer under this section remains, for the
purposes of this Act, in the course of post
unless it is seized under the Customs Act or
seized or retained under the Proceeds of Crime
(Money Laundering) and Terrorist Financing
Act .
|
|
| Notice of
seizure or
detention
|
(2.1) If mail is seized or detained under the
Customs Act or seized or retained under the
Proceeds of Crime (Money Laundering) and
Terrorist Financing Act, notice of the seizure,
detention or retention shall be given in writing
to the Corporation within sixty days after the
seizure, detention or retention unless the mail
has, before the expiry of that time, been
delivered to the addressee of the mail or
returned to the Corporation.
|
|
| R.S., c. 1 (2nd
Supp.),
s. 172(1)
|
79. Section 48 of the Act, as enacted by
section 88 of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act,
chapter 17 of the Statutes of Canada, 2000,
is replaced by the following:
|
|
| Opening mail
|
48. Every person commits an offence who,
except where expressly authorized by or under
this Act, the Customs Act or the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act, knowingly opens, keeps,
secretes, delays or detains, or permits to be
opened, kept, secreted, delayed or detained,
any mail bag or mail or any receptacle or
device authorized by the Corporation for the
posting of mail.
|
|
| R.S., c. C-46
|
Criminal Code
|
|
| 2000, c. 17,
s. 89
|
80. Subsection 488.1(11) of the Criminal
Code is replaced by the following:
|
|
| Exception
|
(11) This section does not apply in
circumstances where a claim of
solicitor-client privilege may be made under
the Income Tax Act or under the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act.
|
|
| 2000, c. 5
|
Personal Information Protection and
Electronic Documents Act
|
|
|
|
81. Subsection 7(3) of the Personal
Information Protection and Electronic
Documents Act is amended by adding the
following after paragraph (c.1):
|
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|
|
(c.2) made to the government institution
mentioned in section 7 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act as required by that section;
|
|
|
|
82. Subsection 9(2.3) of the Act is
amended by striking out the word ``or'' at
the end of paragraph (a) and by adding the
following after paragraph (a):
|
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|
|
(a.1) the detection, prevention or
deterrence of money laundering or the
financing of terrorist activities; or
|
|
| 1993, c. 37
|
Seized Property Management Act
|
|
|
|
83. Subparagraph 3(b)(iv) of the Seized
Property Management Act, as enacted by
section 92 of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act,
chapter 17 of the Statues of Canada, 2000,
is replaced by the following:
|
|
|
|
(iv) forfeited under subsection 14(5),
seized under subsection 18(1) or paid
under subsection 18(2) of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act;
|
|
|
|
84. Paragraph 4(1)(b.1) of the Act, as
enacted by section 93 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act, chapter 17 of the Statutes of
Canada, 2000, is replaced by the following:
|
|
|
|
(b.1) forfeited under subsection 14(5),
seized under subsection 18(1) or paid under
subsection 18(2) of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act; or
|
|
| 1995, c. 22,
s. 18 (Sch. IV,
item 11)
|
85. Paragraph 9(e) of the Act, as enacted
by section 94 of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act, chapter 17 of the Statues of
Canada, 2000, is replaced by the following:
|
|
|
|
(e) notwithstanding subsection 734.4(2) of
the Criminal Code and sections 125 and 126
of the Excise Act, if a fine, or any portion of
a fine, imposed under subsection 462.37(3)
of the Criminal Code in relation to
proceedings commenced at the instance of
the Government of Canada is paid or
recovered or if a penalty is paid under
subsection 18(2) of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act, share the amount of the fine
or penalty in accordance with this Act, the
regulations and any agreement entered into
under section 11;
|
|
|
|
86. Subsection 10(2) of the Act, as enacted
by section 95 of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act, chapter 17 of the Statutes of
Canada, is replaced by the following:
|
|
| Proceeds of
Crime (Money
Laundering)
and Terrorist
Financing Act
|
(2) If the participation of a law enforcement
agency in Canada has led to the forfeiture to
Her Majesty of property under the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act or the payment of a penalty
under subsection 18(2) of that Act, the
Minister shall, in accordance with the
regulations, share the proceeds of disposition
of that forfeited property or the penalty, as the
case may be.
|
|
|
|
|
|
|
|
|
|
| R.S., c. A-1
|
|
|
|
|
87. The Access to Information Act is
amended by adding the following after
section 69:
|
|
| Prohibition
certificate
|
69.1 (1) The Attorney General of Canada
may at any time personally issue a certificate
that prohibits the disclosure of information for
the purpose of protecting international
relations or national defence or security.
|
|
| Prohibited
information
|
(2) The Act does not apply to information
the disclosure of which is prohibited by a
certificate under subsection (1).
|
|
| Statutory
Instruments
Act does not
apply
|
(3) The Statutory Instruments Act does not
apply to a certificate made under subsection
(1).
|
|
| R.S., c. H-6
|
|
|
|
|
88. Subsection 13(2) of the Canadian
Human Rights Act is replaced by the
following:
|
|
| Interpretation
|
(2) Subsection (1) does not apply in respect
of any matter that is communicated in whole
or in part by means of the facilities of a
broadcasting undertaking but does apply to a
matter that is communicated by a computer or
a group of interconnected or related
computers, including the Internet, or any
similar means of communication.
|
|
| R.S., c. C-23
|
|
|
|
|
89. Paragraph (c) of the definition
``threats to the security of Canada'' in
section 2 of the Canadian Security
Intelligence Service Act is replaced by the
following:
|
|
|
|
(c) activities within or relating to Canada
directed toward or in support of the threat
or use of acts of serious violence against
persons or property for the purpose of
achieving a political, religious or
ideological objective within Canada or a
foreign state, and
|
|
| 1992, c. 20
|
|
|
| 1995, c. 42,
s. 39
|
90. Subparagraph 125(1)(a)(ii) of the
Corrections and Conditional Release Act is
replaced by the following:
|
|
|
|
(ii) an offence set out in Schedule I or a
conspiracy to commit such an offence,
|
|
|
|
(ii.1) an offence under section 83.02
(providing or collecting property for
certain activities), 83.03 (providing,
making available, etc. property or
services for terrorist purposes), 83.04
(using or possessing property for terrorist
purposes), 83.18 (participation in
activity of terrorist group), 83.19
(facilitating terrorist activity), 83.2
(commission of offence for terrorist
group), 83.21 (instructing commission of
offence for terrorist group), 83.22
(instructing to carry out terrorist activity)
or 83.23 (harbouring or concealing) of
the Criminal Code or a conspiracy to
commit such an offence,
|
|
|
|
91. Paragraph 1(a) of Schedule I to the
Act is replaced by the following:
|
|
|
|
(a) section 75 (piratical acts);
|
|
|
|
(a.1) section 76 (hijacking);
|
|
|
|
(a.2) section 77 (endangering safety of
aircraft or airport);
|
|
|
|
(a.3) section 78.1 (seizing control of ship or
fixed platform);
|
|
|
|
(a.4) paragraph 81(1)(a), (b) or (d) (use of
explosives);
|
|
|
|
(a.5) paragraph 81(2)(a) (causing injury
with intent);
|
|
|
|
92. Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (z.2):
|
|
|
|
(z.21) section 279.1 (hostage taking);
|
|
|
|
93. Section 1 of Schedule I to the Act is
amended by adding the following after
paragraph (z.3):
|
|
|
|
(z.31) subsection 430(2) (mischief that
causes actual damage to life);
|
|
|
|
(z.32) section 431 (attack on premises,
residence or transport of internationally
protected person);
|
|
|
|
(z.33) section 431.1 (attack on premises,
accommodation or transport of United
Nations or associated personnel);
|
|
|
|
(z.34) subsection 431.2(2) (explosive or
other lethal device);
|
|
| Transitional
provision
|
94. (1) The following provisions apply to
an offender regardless of the day on which
the offender was sentenced, committed or
transferred to penitentiary:
|
|
|
|
(a) subparagraph 125(1)(a)(ii) of the Act
as amended by section 90, if the offence
was a conspiracy to commit an offence set
out in Schedule I;
|
|
|
|
(b) Schedule I to the Act as amended by
sections 91 and 92; and
|
|
|
|
(c) Schedule I to the Act as amended by
section 93.
|
|
| Offenders
referred to
Board
|
(2) Subsection (1) does not apply to an
offender whose case was referred to the
Board for review under section 126 of the
Act before the coming into force of sections
93 to 96, unless the Board has made a
direction under that section 126 concerning
the offender before the coming into force of
those sections.
|
|
| R.S., c. F-7
|
|
|
| 1992, c. 49,
s. 127(1)
|
95. (1) Paragraph 5(1)(c) of the Federal
Court Act is replaced by the following:
|
|
|
|
(c) not more than 44 other judges, 12 of
whom shall be appointed to the Court of
Appeal and shall be ex officio members of
the Trial Division, and the remainder of
whom shall be appointed to the Trial
Division and shall be ex officio members of
the Court of Appeal.
|
|
| 1992, c. 49,
s. 127(2)
|
(2) Subsection 5(6) of the Act is replaced
by the following:
|
|
| Judges for the
Province of
Quebec
|
(6) At least 15 of the judges shall be persons
who have been judges of the Court of Appeal
or of the Superior Court of the Province of
Quebec, or have been members of the bar of
that Province.
|
|