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| Communicati
ng
safeguarded
information
|
16. (1) Every person commits an offence
who, without lawful authority, communicates
to a foreign entity or to a terrorist group
information that the Government of Canada or
of a province is taking measures to safeguard
if
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(a) the person believes, or is reckless as to
whether, the information is information that
the Government of Canada or of a province
is taking measures to safeguard; and
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(b) the person intends, by communicating
the information, to increase the capacity of
a foreign entity or a terrorist group to harm
Canadian interests or is reckless as to
whether the communication of the
information is likely to increase the
capacity of a foreign entity or a terrorist
group to harm Canadian interests.
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| Communicati
ng
safeguarded
information
|
(2) Every person commits an offence who,
intentionally and without lawful authority,
communicates to a foreign entity or to a
terrorist group information that the
Government of Canada or of a province is
taking measures to safeguard if
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(a) the person believes, or is reckless as to
whether, the information is information that
the Government of Canada or of a province
is taking measures to safeguard; and
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(b) harm to Canadian interests results.
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| Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is guilty of an
indictable offence and is liable to
imprisonment for life.
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| Communicati
ng special
operational
information
|
17. (1) Every person commits an offence
who, intentionally and without lawful
authority, communicates special operational
information to a foreign entity or to a terrorist
group if the person believes, or is reckless as
to whether, the information is special
operational information.
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| Punishment
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(2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for life.
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| Breach of
trust in respect
of
safeguarded
information
|
18. (1) Every person with a security
clearance given by the Government of Canada
commits an offence who, intentionally and
without lawful authority, communicates, or
agrees to communicate, to a foreign entity or
to a terrorist group any information that is of
a type that the Government of Canada is
taking measures to safeguard.
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| Punishment
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(2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for a
term of not more than two years.
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| Use of trade
secret for the
benefit of
foreign
economic
entity
|
19. (1) Every person commits an offence
who, at the direction of, for the benefit of or in
association with a foreign economic entity,
fraudulently and without colour of right and to
the detriment of Canada's economic interests,
international relations or national defence or
security
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(a) communicates a trade secret to another
person, group or organization; or
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(b) obtains, retains, alters or destroys a trade
secret.
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for a
term of not more than 10 years.
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| Defence
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(3) A person is not guilty of an offence
under subsection (1) if the trade secret was
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(a) obtained by independent development
or by reason only of reverse engineering; or
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(b) acquired in the course of the person's
work and is of such a character that its
acquisition amounts to no more than an
enhancement of that person's personal
knowledge, skill or expertise.
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| Meaning of
``trade secret''
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(4) For the purpose of this section, ``trade
secret'' means any information, including a
formula, pattern, compilation, program,
method, technique, process, negotiation
position or strategy or any information
contained or embodied in a product, device or
mechanism that
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(a) is or may be used in a trade or business;
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(b) is not generally known in that trade or
business;
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(c) has economic value from not being
generally known; and
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(d) is the subject of efforts that are
reasonable under the circumstances to
maintain its secrecy.
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| Threats or
violence
|
20. (1) Every person commits an offence
who, at the direction of, for the benefit of or in
association with a foreign entity or a terrorist
group, induces or attempts to induce, by
threat, accusation, menace or violence, any
person to do anything or to cause anything to
be done
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(a) that is for the purpose of increasing the
capacity of a foreign entity or a terrorist
group to harm Canadian interests; or
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(b) that is reasonably likely to harm
Canadian interests.
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| Application
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(2) A person commits an offence under
subsection (1) whether or not the threat,
accusation, menace or violence occurred in
Canada.
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| Punishment
|
(3) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for life.
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| Harbouring or
concealing
|
21. (1) Every person commits an offence
who, for the purpose of enabling or facilitating
an offence under this Act, knowingly harbours
or conceals a person whom he or she knows to
be a person who has committed or is likely to
commit an offence under this Act.
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for a
term of not more than 10 years.
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| Preparatory
acts
|
22. (1) Every person commits an offence
who, for the purpose of committing an offence
under subsection 16(1) or (2), 17(1), 19(1) or
20(1), does anything that is specifically
directed towards or specifically done in
preparation of the commission of the offence,
including
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(a) entering Canada at the direction of or for
the benefit of a foreign entity, a terrorist
group or a foreign economic entity;
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(b) obtaining, retaining or gaining access to
any information;
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(c) knowingly communicating to a foreign
entity, a terrorist group or a foreign
economic entity the person's willingness to
commit the offence;
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(d) at the direction of, for the benefit of or
in association with, a foreign entity, a
terrorist group or a foreign economic entity,
asking a person to commit the offence; and
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(e) possessing any device, apparatus or
software useful for concealing the content
of information or for surreptitiously
communicating, obtaining or retaining
information.
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is guilty of an indictable
offence and is liable to imprisonment for a
term of not more than two years.
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| Conspiracy,
attempts, etc.
|
23. Every person commits an offence who
conspires or attempts to commit, is an
accessory after the fact in relation to or
counsels in relation to an offence under this
Act and is liable to the same punishment and
to be proceeded against in the same manner as
if he or she had committed the offence.
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| Attorney
General's
consent
|
24. No prosecution shall be commenced for
an offence against this Act without the consent
of the Attorney General.
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| Jurisdiction
|
25. An offence against this Act may be
tried, in any place in Canada, regardless of
where in Canada the offence was committed.
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| Extraterritoria
l application
|
26. (1) A person who commits an act or
omission outside Canada that would be an
offence against this Act if it were committed
in Canada is deemed to have committed it in
Canada if the person is
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(b) a person who owes allegiance to Her
Majesty in right of Canada;
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(c) a person who is locally engaged and who
performs his or her functions in a Canadian
mission in a foreign state; or
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(d) a person who, after the time the offence
is alleged to have been committed, is
present in Canada.
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| Jurisdiction
|
(2) If a person is deemed to have committed
an act or omission in Canada, proceedings in
respect of the offence may, whether or not the
person is in Canada, be commenced in any
territorial division in Canada, and the person
may be tried and punished in respect of the
offence in the same manner as if the offence
had been committed in that territorial
division.
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| Appearance
of accused at
trial
|
(3) For greater certainty, the provisions of
the Criminal Code relating to requirements
that a person appear at and be present during
proceedings and the exceptions to those
requirements apply in respect of proceedings
commenced in a territorial division under
subsection (2).
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| Person
previously
tried outside
Canada
|
(4) If a person is alleged to have committed
an act or omission that is an offence by virtue
of this section and the person has been tried
and dealt with outside Canada in respect of the
offence in a manner such that, if the person had
been tried and dealt with in Canada, the person
would be able to plead autrefois acquit,
autrefois convict or pardon, the person shall be
deemed to have been so tried and dealt with in
Canada.
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| Punishment
|
27. Unless this Act provides otherwise, a
person who commits an offence under this Act
is guilty of
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(a) an indictable offence and liable to
imprisonment for a term of not more than 14
years; or
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(b) an offence punishable on summary
conviction and liable to imprisonment for a
term of not more than 12 months or to a fine
of not more than $2,000, or to both.
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30. The Act is amended by adding, after
section 27, the schedule set out in Schedule
1 to this Act.
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| R.S. c. C-46
|
Criminal Code
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31. The reference to ``section 3 (spying) of
the Official Secrets Act'' in the definition
``offence'' in section 183 of the Criminal
Code is replaced by the reference to ``any
offence under the Security of Information
Act''.
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| 1991, c. 43,
s. 4
|
32. The heading before item 91 and items
91 to 93 of the schedule to Part XX.1 of the
Act are replaced by the following:
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91. Subsection 4(1) - wrongful
communication, etc., of information
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92. Subsection 4(2) - communication of
sketch, plan, model, etc.
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93. Subsection 4(3) - receiving code word,
sketch, etc.
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94. Subsection 4(4) - retaining or allowing
possession of document, etc.
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95. Subsection 5(1) - unauthorized use of
uniforms; falsification of reports, forgery,
personation and false documents
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96. Subsection 5(2) - unlawful dealing with
dies, seals, etc.
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97. Section 6 - approaching, entering, etc., a
prohibited place
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98. Section 7 - interference
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99. Subsection 13(1) - purported
communication
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100. Subsection 14(1) - unauthorized
communication of special operational
information
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101. Subsection 16(1) - communicating
safeguarded information
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102. Subsection 16(2) - communicating
safeguarded information
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103. Subsection 17(1) - communicating
special operational information
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104. Subsection 18(1) - breach of trust in
respect of safeguarded information
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105. Subsection 19(1) - use of trade secret
for the benefit of foreign economic entity
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106. Subsection 20(1) - threats or violence
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107. Subsection 21(1) - harbouring and
concealing
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108. Subsection 22(1) - preparatory acts
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109. Section 23 - conspiracy, attempt, etc.
|
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| 1999, c. 5,
s. 52
|
33. Paragraph (b.1) of the definition
``enterprise crime offence'' in section 462.3
of the Act is replaced by the following:
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(b.1) an offence against section 126.1 or
126.2 or subsection 233(1) or 240(1) of
the Excise Act, section 153, 159, 163.1 or
163.2 of the Customs Act, subsection
52.1(9) of the Competition Act or
subsection 4(1), (2), (3) or (4), or section
6, or subsection 13(1), 14(1), 16(1) or (2),
17(1), 18(1), 19(1), 20(1), 21(1) or 22(1)
or section 23 of the Security of
Information Act , or
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| R.S., c. 27 (1st
Supp.), s. 203
|
34. Subsection 486(1) of the Act is
replaced by the following:
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| Exclusion of
public in
certain cases
|
486. (1) Any proceedings against an
accused shall be held in open court, but where
the presiding judge, provincial court judge or
justice, as the case may be, is of the opinion
that it is in the interest of public morals, the
maintenance of order or the proper
administration of justice, or that it is necessary
to prevent injury to international relations or
national defence or security , to exclude all or
any members of the public from the court
room for all or part of the proceedings, he or
she may so order.
|
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| R.S., c. I-1
|
Identification of Criminals Act
|
|
| 1992, c. 47,
s. 74(1)
|
35. Subparagraph 2(1)(a)(ii) of the
Identification of Criminals Act is replaced
by the following:
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(ii) an offence under the Security of
Information Act;
|
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| R.S., c. P-4
|
Patent Act
|
|
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|
36. Subsection 20(6) of the Patent Act is
replaced by the following:
|
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| Person
making
assignment
and person
having
knowledge
thereof
|
(6) Any person who has made an
assignment to the Minister of National
Defence under this section, in respect of any
covenants and agreements contained in such
assignment for keeping the invention secret
and otherwise in respect of all matters relating
to that invention, and any other person who
has knowledge of such assignment and of such
covenants and agreements, shall be, for the
purposes of the Security of Information Act,
deemed to be persons having in their
possession or control information respecting
those matters that has been entrusted to them
in confidence by any person holding office
under Her Majesty, and the communication of
any of that information by the first mentioned
persons to any person other than one to whom
they are authorized to communicate with, by
or on behalf of the Minister of National
Defence, is an offence under section 4 of the
Security of Information Act.
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