BILL C-36 (First Reading)

	(b) the disclosure under this Part of the existence of such a communication.
2000, c. 5	Personal Information Protection and Electronic Documents Act
	*103. The Personal Information Protection and Electronic Documents Act* is amended by adding the following after section 4:**
Prohibition certificate	4.1 (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) This Part 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. P-21	Privacy Act
	*104. The Privacy Act* is amended by adding the following after section 70:**
Prohibition certificate	70.1 (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) This 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).
1993, c. 37	Seized Property Management Act
1996, c. 19, s. 85	*105. (1) The definitions ``restrained property'' and ``seized property'' in section 2 of the Seized Property Management Act* are replaced by the following:**
``restrained property'' « biens bloqués »	``restrained property'' means any property that is the subject of a restraint order made under section 83.13 or 462.33 of the Criminal Code;
``seized property'' « biens saisis »	``seized property'' means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated substance offence, enterprise crime offence or terrorism offence ;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``terrorism offence'' « infraction de terrorisme »	``terrorism offence'' has the same meaning as in section 2 of the Criminal Code;
1996, c. 19, s. 86(1)	106. (1) Paragraph 3(a) of the Act is replaced by the following:
	(a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated substance offences, enterprise crime offences or terrorism offences , or property that is or may be proceeds of crime or offence-related property;
	(2) Subparagraphs 3(b)(ii) and (iii) of the Act are replaced by the following:
	(ii) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code, or
	(iii) restrained pursuant to a restraint order made under section 83.13 or 462.33 of the Criminal Code;
1997, c. 18, s. 135(F)	107. (1) Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:
	(a) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code on the application of the Attorney General;
	(b) subject to a restraint order made under section 83.13 or 462.33 of the Criminal Code on the application of the Attorney General, where the Minister is appointed pursuant to subsection 83.13(2) or subparagraph 462.33(3)(b)(i) of that Act to take control of and to manage or otherwise deal with the property; or
	(2) Subsection 4(3) of the Act is replaced by the following:
Additional responsibility	(3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that was forfeited to Her Majesty as a result of proceedings conducted by the Attorney General that were not in the possession or under the control of the Minister prior to their forfeiture.
	108. Section 5 of the Act is amended by adding the following after subsection (2):
Transfer of property	(3) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2) of the Criminal Code shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property, or any part of the property, that is needed as evidence or is necessary for the purposes of an investigation.
1996, c. 19, s. 89(1)	109. Paragraph 9(a) of the Act is replaced by the following:
	(a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences, enterprise crime offences or terrorism offences, or of any property that is or may be proceeds of crime or offence-related property;
1997, c. 23, s. 23	110. Paragraph 10(a) of the Act is replaced by the following:
	(a) the forfeiture to Her Majesty of property pursuant to section 83.14 , subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act;
1996, c. 19, s. 91	111. Subparagraph 11(a)(i) of the Act is replaced by the following:
	(i) property forfeited to Her Majesty pursuant to section 83.14 , subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or
R.S., c. U-2	United Nations Act
	*112. Section 3 of the United Nations Act* is replaced by the following:**
Offence and punishment	3. (1) Any person who contravenes an order or regulation made under this Act is guilty of an offence and liable
	(a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or
	(b) on conviction on indictment, to imprisonment for a term of not more than 10 years.
Forfeiture	(2) Any property dealt with contrary to any order or regulation made under this Act may be seized and detained and is liable to forfeiture at the instance of the Minister of Justice, on proceedings in the Federal Court, or in any superior court, and any such court may make rules governing the procedure on any proceedings taken before the court or a judge thereof under this section.
	PART 6
	REGISTRATION OF CHARITIES - SECURITY INFORMATION
	*113. The Charities Registration (Security Information) Act* is enacted as follows:**
	An Act respecting the registration of charities having regard to security and criminal intelligence information
	SHORT TITLE
Short title	1. This Act may be cited as the Charities Registration (Security Information) Act.
	PURPOSE AND PRINCIPLES
Purpose	2. (1) The purpose of this Act is to demonstrate Canada's commitment to participating in concerted international efforts to deny support to those who engage in terrorism, to protect the integrity of the registration system for charities under the Income Tax Act and to maintain the confidence of Canadian taxpayers that the benefits of charitable registration are made available only to organizations that operate exclusively for charitable purposes.
Principles	(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:
	(a) maintaining the confidence of taxpayers may require reliance on information that, if disclosed, would injure national security or endanger the safety of persons; and
	(b) the process for relying on the information referred to in paragraph (a) in determining eligibility to become or remain a registered charity must be as fair and transparent as possible having regard to national security and the safety of persons.
	INTERPRETATION
Definitions	3. The following definitions apply in this Act.
``applicant'' « demandeur »	``applicant'' means a corporation, an organization or a trust that applies to the Minister of National Revenue to become a registered charity.
``judge'' « juge »	``judge'' means the Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Chief Justice.
``Minister'' « ministre »	``Minister'' means the Solicitor General of Canada.
``registered charity'' « organisme de bienfaisance enregistré »	``registered charity'' means a registered charity as defined in subsection 248(1) of the Income Tax Act.
	CERTIFICATE BASED ON INTELLIGENCE
Signature by Ministers	4. (1) The Minister and the Minister of National Revenue may sign a certificate stating that it is their opinion, based on security or criminal intelligence reports, that there are reasonable grounds to believe
	(a) that an applicant or registered charity has made, makes or will make available any resources, directly or indirectly, to an entity that is a listed entity as defined in subsection 83.01(1) of the Criminal Code;
	(b) that an applicant or registered charity made available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code and the entity was at that time, and continues to be, engaged in terrorist activities as defined in that subsection or activities in support of them; or
	(c) that an applicant or registered charity makes or will make available any resources, directly or indirectly, to an entity as defined in subsection 83.01(1) of the Criminal Code and the entity engages or will engage in terrorist activities as defined in that subsection or activities in support of them.
Statutory Instruments Act	(2) A certificate is not a statutory instrument for the purposes of the Statutory Instruments Act.
	JUDICIAL CONSIDERATION OF CERTIFICATE
Notice	5. (1) As soon as the Minister and the Minister of National Revenue have signed a certificate, the Minister, or a person authorized by the Minister, shall cause the applicant or registered charity to be served, personally or by registered letter sent to its last known address, with a copy of the certificate and a notice informing it that the certificate will be referred to the Federal Court not earlier than seven days after service and that, if the certificate is determined to be reasonable, the applicant will be ineligible to become a registered charity or the registration of the registered charity will be revoked, as the case may be.
Restriction	(2) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with this Act.
Non-publicati on or confidentiality order	(3) Notwithstanding subsection (2), the applicant or registered charity may apply to a judge for an order
	(a) directing that the identity of the applicant or registered charity not be published or broadcast in any way except in accordance with this Act; or
	(b) that any documents to be filed with the Federal Court in connection with the reference be treated as confidential.
No appeal	(4) An order on an application referred to in subsection (3) is not subject to appeal or review by any court at the instance of a party to the application.
Filing in Federal Court	(5) Seven days after service under subsection (1), or as soon afterwards as is practicable, the Minister or a person authorized by the Minister shall
	(a) file a copy of the certificate in the Federal Court for it to make a determination under paragraph 6(1)(d); and
	(b) cause the applicant or registered charity to be served, personally or by registered letter sent to its last known address, with a notice informing it of the filing of the certificate.
Reference	6. (1) When the certificate is referred to the Federal Court, the judge shall, without delay,
	(a) examine, in private, the security or criminal intelligence reports considered by the Minister and the Minister of National Revenue and hear any other evidence or information that may be presented by or on behalf of those Ministers and may, on the request of the Minister or the Minister of National Revenue, hear all or part of that evidence or information in the absence of the applicant or registered charity and any counsel representing it, if the judge is of the opinion that disclosure of the information would injure national security or endanger the safety of any person;
	(b) provide the applicant or registered charity with a statement summarizing the information available to the judge so as to enable the applicant or registered charity to be reasonably informed of the circumstances giving rise to the certificate, without disclosing any information the disclosure of which would, in the judge's opinion, injure national security or endanger the safety of any person;
	(c) provide the applicant or registered charity with a reasonable opportunity to be heard; and
	(d) determine whether the certificate is reasonable on the basis of the information available to the judge and, if found not to be reasonable, quash it.
No appeal or review	(2) A determination under paragraph (1)(d) is not subject to appeal or review by any court.