|
|
|
|
| Admissible
information
|
7. For the purposes of subsection 6(1), the
judge may, subject to section 8, admit any
relevant information, whether or not the
information is or would be admissible in a
court of law, and base the determination under
paragraph 6(1)(d) on that information.
|
|
| Foreign
information
obtained in
confidence
|
8. (1) For the purposes of subsection 6(1), in
private and in the absence of the applicant or
registered charity or any counsel representing
it,
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|
|
|
(a) the Minister or the Minister of National
Revenue may make an application to the
judge for the admission of information
obtained in confidence from a government,
an institution or an agency of a foreign state,
from an international organization of states
or from an institution or an agency of an
international organization of states; and
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|
|
(b) the judge shall examine the information
and provide counsel representing the
Minister or the Minister of National
Revenue with a reasonable opportunity to
be heard as to whether the information is
relevant but should not be disclosed to the
applicant or registered charity or any
counsel representing it because the
disclosure would injure national security or
endanger the safety of any person.
|
|
| Return of
information
|
(2) The information shall be returned to
counsel representing the minister who made
the application and shall not be considered by
the judge in making the determination under
paragraph 6(1)(d) if
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|
(a) the judge determines that the
information is not relevant;
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|
(b) the judge determines that the
information is relevant but should be
summarized in the statement to be provided
under paragraph 6(1)(b); or
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|
|
(c) the minister withdraws the application.
|
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| Use of
information
|
(3) If the judge decides that the information
is relevant but that its disclosure would injure
national security or endanger the safety of any
person, the information shall not be disclosed
in the statement mentioned in paragraph
6(1)(b), but the judge may base the
determination under paragraph 6(1)(d) on it.
|
|
| Ineligibility or
revocation
|
9. (1) A certificate that is determined to be
reasonable under paragraph 6(1)(d) is
conclusive proof, in the case of an applicant,
that it is ineligible to become a registered
charity or, in the case of a registered charity,
that it does not comply with the requirements
to continue to be a registered charity.
|
|
| Publication
|
(2) The Minister shall, without delay after
a certificate is determined to be reasonable,
cause the certificate to be published in the
Canada Gazette.
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|
|
|
|
|
| Review of
certificate
|
10. (1) An applicant or former registered
charity in relation to which a certificate was
determined to be reasonable under paragraph
6(1)(d) and that believes that there has been a
material change in circumstances since that
determination was made may apply in writing
to the Minister for a review of the certificate
by the Minister and the Minister of National
Revenue.
|
|
| Notice to
Minister of
National
Revenue
|
(2) The Minister shall, without delay, notify
the Minister of National Revenue of an
application for review.
|
|
| Information
for review
|
(3) For the purpose of a review, the
Ministers may consider any submission made
by the applicant or former registered charity
that applied for the review and any security or
criminal intelligence reports that are made
available to the Ministers.
|
|
| Time for
decision
|
(4) The Ministers shall make their decision
on an application for review within 120 days
after receipt of the application by the Minister.
|
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| Decision on
review
|
(5) The Ministers may decide that, since the
time the certificate was determined to be
reasonable,
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|
|
(a) there has not been a material change in
circumstances, in which case the Ministers
shall deny the application; or
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|
(b) there has been a material change in
circumstances, in which case the Ministers
shall determine whether there are
reasonable grounds as provided in
subsection 4(1) and, accordingly,
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|
(i) continue the certificate in effect, or
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|
(ii) cancel the certificate as of the date of
the decision.
|
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| Automatic
cancellation
|
(6) If no decision is made within a period of
120 days after receipt of the application, the
certificate is cancelled on the expiration of
that period.
|
|
| Notice to
applicant or
charity
|
(7) As soon as a decision is made or the
certificate is cancelled under subsection (6),
the Minister or a person authorized by the
Minister shall cause the applicant or former
registered charity that applied for the review
to be served, personally or by registered letter
sent to its last known address, with notice of
the decision or cancellation.
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|
| Application
for review
|
11. (1) An applicant or former registered
charity that applied for a review under
subsection 10(1) may, after giving written
notice to the Minister who in turn shall notify
the Minister of National Revenue, apply to the
Federal Court for a review of a decision made
under paragraph 10(5)(a) or subparagraph
10(5)(b)(i).
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|
| Review by
Court
|
(2) The Court shall carry out the review in
accordance with section 6, with any
adaptations that may be required.
|
|
| Referral to
Ministers
|
(3) If the Court quashes a decision of the
Ministers made under paragraph 10(5)(a), it
shall refer the application to the Ministers for
a decision under paragraph 10(5)(b).
|
|
| Cancellation
of certificate
|
(4) If the Court quashes a decision of the
Ministers made under subparagraph
10(5)(b)(i), the certificate is cancelled as of
the date the decision is quashed.
|
|
| No appeal
|
(5) The determination of the Court is not
subject to appeal or judicial review.
|
|
| Publication of
spent
certificate
|
12. The Minister shall, in a manner that
mentions the original publication of the
certificate, cause to be published in the
Canada Gazette notice of the cancellation of
a certificate by reason of
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|
(a) a decision made under subparagraph
10(5)(b)(ii);
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|
(b) the operation of subsection 10(6); or
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|
|
(c) a determination of the Federal Court
referred to in subsection 11(4).
|
|
| Term of a
certificate
|
13. Unless it is cancelled earlier, a
certificate is effective for a period of seven
years beginning on the day it is first
determined to be reasonable under paragraph
6(1)(d).
|
|
| Regulations
|
14. The Governor in Council may make any
regulations that the Governor in Council
considers necessary for carrying out the
purposes and provisions of this Act.
|
|
| R.S., c. 1 (5th
Supp.)
|
|
|
|
|
114. Section 168 of the Income Tax Act is
amended by adding the following after
subsection (2):
|
|
| Charities
Registration
(Security
Information)
Act
|
(3) Notwithstanding subsections (1) and
(2), if a registered charity is the subject of a
certificate that is determined to be reasonable
under paragraph 6(1)(d) of the Charities
Registration (Security Information) Act, the
registration of the charity is revoked as of the
making of that determination.
|
|
|
|
115. (1) Section 172 of the Act is amended
by adding the following after subsection (3):
|
|
| Exception -
Charities
Registration
(Security
Information)
Act
|
(3.1) Paragraphs (3)(a) and (a.1) do not
apply to an applicant or a registered charity
that is the subject of a certificate that has been
determined to be reasonable under paragraph
6(1)(d) of the Charities Registration (Security
Information) Act.
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|
|
|
(2) The portion of subsection 172(4) of the
Act after paragraph (f) is replaced by the
following:
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|
|
where the Minister has not notified the
applicant of the disposition of the application
within 180 days after the filing of the
application with the Minister, and, in any such
case, subject to subsection (3.1) , an appeal
from the refusal to the Federal Court of Appeal
pursuant to subsection (3) may,
notwithstanding subsection 180(1), be
instituted under section 180 at any time by
filing a notice of appeal in the Court.
|
|
|
|
(3) Section 172 of the Act is amended by
adding the following after subsection (4):
|
|
| Exception -
Charities
Registration
(Security
Information)
Act
|
(4.1) An appeal referred to in subsection (3)
or (4) is suspended when an applicant or a
registered charity is, under subsection 5(1) of
the Charities Registration (Security
Information) Act, served with a copy of a
certificate that has been signed under that Act,
whether the appeal was instituted before or
after the certificate was so signed, and the
appeal is
|
|
|
|
(a) discontinued on the determination that
the certificate is reasonable under
paragraph 6(1)(d) of that Act; or
|
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|
|
(b) reinstated as of the date the certificate is
quashed under paragraph 6(1)(d) of that
Act.
|
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|
|
116. The description of A in paragraph
188(1)(a) of the Act is replaced by the
following:
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|
|
A is the total of all amounts each of which is
the fair market value of an asset of the charity
on the day (in this section referred to as the
``valuation day'') that is 120 days before the
day on which
|
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|
|
(i) the notice of the Minister's
intention to revoke the charity's
registration is mailed, if the
registration is revoked under
subsection 168(2), or
|
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|
|
(ii) the charity is, under subsection
5(1) of the Charities Registration
(Security Information) Act, served
with a copy of a certificate, if the
registration is revoked under
subsection 168(3).
|
|
|
|
117. Paragraph 239(2.21)(b) of the Act is
replaced by the following:
|
|
|
|
(b) who is an official to whom taxpayer
information has been provided for a
particular purpose under paragraph
241(4)(a), (d), (f), (f.1) , (i) or (j.1)
|
|
|
|
118. Subsection 241(4) of the Act is
amended by adding the following after
paragraph (f):
|
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|
|
(f.1) provide taxpayer information to an
official solely for the purposes of the
administration and enforcement of the
Charities Registration (Security
Information) Act;
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|
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|
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|
|
|
|
|
| 2000, c. 17
|
Proceeds of Crime (Money Laundering) and
Terrorist Financing Act
|
|
|
|
119. If section 95 of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act (the ``other Act'') comes into
force before section 110 of this Act, then, on
the later of the coming into force of section
95 of the other Act and this section, section
110 of this Act is replaced by the following:
|
|
|
|
110. Paragraph 10(1)(a) of the Act is
replaced by the following:
|
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|
|
(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;
|
|
|
|
120. (1) If this Act receives royal assent
before section 96 of the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act (the ``other Act'') comes into
force, then, on the day of that assent, section
96 of the other Act is replaced by the
following:
|
|
| 1997, c. 23,
s. 24
|
96. Section 11 of the Act is replaced by the
following:
|
|
| Sharing
outside
Canada
|
11. The Attorney General may, with the
approval of the Governor in Council and in
accordance with the regulations, enter into an
agreement with the government of any foreign
state respecting the reciprocal sharing of
|
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|
|
(a) the proceeds of disposition of
|
|
|
|
(i) property forfeited to Her Majesty
under subsection 462.37(1) or (2) or
462.38(2) or subparagraph 462.43(c)(iii)
of the Criminal Code, subsection 16(1) or
17(2) of the Controlled Drugs and
Substances Act or the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act, or
|
|
|
|
(ii) property that is or was the subject of
a management order and that was
forfeited under subsection 490(9) of the
Criminal Code
|
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|
|
and the proceeds arising from the
disposition of property by that foreign state,
and
|
|
|
|
(b) amounts paid or recovered on account of
fines imposed under subsection 462.37(3)
of the Criminal Code in relation to
proceedings commenced at the instance of
the Government of Canada, penalties paid
under subsection 18(2) of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act and amounts paid or
recovered on account of fines imposed in
lieu of forfeiture under the laws of that
foreign state,
|
|
|
|
if law enforcement agencies of that foreign
state, or of Canada, as the case may be, have
participated in the investigation of the offence
or offences that led to the forfeiture of the
property or the imposition of the fine or if the
law enforcement agencies' participation led to
the forfeiture of the property or the payment of
the penalty under the Proceeds of Crime
(Money Laundering) and Terrorist Financing
Act.
|
|
|
|
(2) If section 96 of the other Act comes
into force before the day on which this Act
receives royal assent, then, on the day of
that assent, section 11 of the Seized Property
Management Act is replaced by the
following:
|
|
| Sharing
outside
Canada
|
11. The Attorney General may, with the
approval of the Governor in Council and in
accordance with the regulations, enter into an
agreement with the government of any foreign
state respecting the reciprocal sharing of
|
|
|
|
(a) the proceeds of disposition of
|
|
|
|
(i) property forfeited to Her Majesty
under subsection 462.37(1) or (2) or
462.38(2) or subparagraph 462.43(c)(iii)
of the Criminal Code, subsection 16(1) or
17(2) of the Controlled Drugs and
Substances Act or the Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act, or
|
|
|
|
(ii) property that is or was the subject of
a management order and that was
forfeited under subsection 490(9) of the
Criminal Code
|
|
|
|
and the proceeds arising from the
disposition of property by that foreign state,
and
|
|
|
|
(b) amounts paid or recovered on account of
fines imposed under subsection 462.37(3)
of the Criminal Code in relation to
proceedings commenced at the instance of
the Government of Canada, penalties paid
under subsection 18(2) of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act and amounts paid or
recovered on account of fines imposed in
lieu of forfeiture under the laws of that
foreign state,
|
|
|
|
if law enforcement agencies of that foreign
state, or of Canada, as the case may be, have
participated in the investigation of the offence
or offences that led to the forfeiture of the
property or the imposition of the fine or if the
law enforcement agencies' participation led to
the forfeiture of the property or the payment of
the penalty under the Proceeds of Crime
(Money Laundering) and Terrorist Financing
Act.
|
|
|
|
Bill S-23
|
|
|
|
121. (1) If Bill S-23, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Customs Act and to
make related amendments to other Acts (the
``other Act''), receives royal assent, then the
references to the ``Proceeds of Crime
(Money Laundering) Act'' in subsection
107(3) and paragraphs 107(4)(b), (c) and (f)
and 107(5)(k) of the Customs Act, as enacted
by section 61 of the other Act, are replaced
by references to the ``Proceeds of Crime
(Money Laundering) and Terrorist
Financing Act''.
|
|
|
|
(2) Subsection (1) comes into force on the
later of the day on which the other Act
receives royal assent and the day on which
this Act receives royal assent.
|
|
|
|
Bill C-11
|
|
|
|
122. If Bill C-11, introduced in the 1st
Session of the 37th Parliament and entitled
the Immigration and Refugee Protection Act
(the ``other Act''), receives royal assent and
paragraph 274(a) of the other Act comes
into force before this Act receives royal
assent, then, on the day on which this Act
receives royal assent, section 46 of this Act
is repealed.
|
|
|
|
123. (1) If Bill C-11, introduced in the 1st
Session of the 37th Parliament and entitled
the Immigration and Refugee Protection Act
(the ``other Act''), receives royal assent,
then section 270 of the other Act and the
heading before it are replaced by the
following:
|
|
|
|
Proceeds of Crime (Money Laundering) and
Terrorist Financing Act
|
|
|
|
270. Paragraph 55(3)(d) of the Proceeds
of Crime (Money Laundering) and Terrorist
Financing Act is replaced by the following:
|
|