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(c) state that the person named in the notice
is a person permanently bound to secrecy
for the purposes of sections 13 and 14.
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| Exceptions
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(3) The following persons may not be
designated as persons permanently bound to
secrecy, but they continue as such if they were
persons permanently bound to secrecy before
becoming persons referred to in this
subsection:
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(a) the Governor General;
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(b) the lieutenant governor of a province;
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(c) a judge receiving a salary under the
Judges Act; and
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(d) a military judge within the meaning of
subsection 2(1) of the National Defence
Act.
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| Service
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11. (1) Subject to subsection (2), a person in
respect of whom a notice is issued under
subsection 10(1) is a person permanently
bound to secrecy as of the moment the person
is personally served with the notice or
informed of the notice in accordance with the
regulations.
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| Regulations
|
(2) The Governor in Council may make
regulations respecting the personal service of
notices issued under subsection 10(1) and
regulations respecting personal notification of
the issuance of a notice under that subsection
when personal service is not practical.
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| Certificate
|
12. (1) Subject to subsection (2), a
certificate purporting to have been issued by
or under the authority of a Minister of the
Crown in right of Canada stating that a person
is a person permanently bound to secrecy shall
be received and is admissible in evidence in
any proceedings for an offence under section
13 or 14, without proof of the signature or
authority of the Minister appearing to have
signed it, and, in the absence of evidence to the
contrary, is proof of the fact so stated.
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| Disclosure of
certificate
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(2) The certificate may be received in
evidence only if the party intending to produce
it has, before the trial, served on the party
against whom it is intended to be produced
reasonable notice of that intention, together
with a duplicate of the certificate.
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| Purported
communicatio
n
|
13. (1) Every person permanently bound to
secrecy commits an offence who,
intentionally and without authority,
communicates or confirms information that, if
it were true, would be special operational
information.
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| Truthfulness
of information
|
(2) For the purpose of subsection (1), it is
not relevant whether the information to which
the offence relates is true.
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| Punishment
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(3) 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 five years less a day.
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| Unauthorized
communicatio
n of special
operational
information
|
14. (1) Every person permanently bound to
secrecy commits an offence who,
intentionally and without authority,
communicates or confirms special operational
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 14 years.
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| Public interest
defence
|
15. (1) No person is guilty of an offence
under section 13 or 14 if the person establishes
that he or she acted in the public interest.
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| Acting in the
public interest
|
(2) Subject to subsection (4), a person acts
in the public interest if
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(a) the person acts for the purpose of
disclosing an offence under an Act of
Parliament that he or she reasonably
believes has been, is being or is about to be
committed by another person in the
purported performance of that person's
duties and functions for, or on behalf of, the
Government of Canada; and
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(b) the public interest in the disclosure
outweighs the public interest in
non-disclosure.
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| Paragraph
(2)(a) to be
considered
first
|
(3) In determining whether a person acts in
the public interest, a judge or court shall
determine whether the condition in paragraph
(2)(a) is satisfied before considering
paragraph (2)(b).
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| Factors to be
considered
|
(4) In deciding whether the public interest
in the disclosure outweighs the public interest
in non-disclosure, a judge or court must
consider
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(a) whether the extent of the disclosure is no
more than is reasonably necessary to
disclose the alleged offence or prevent the
commission or continuation of the alleged
offence, as the case may be;
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(b) the seriousness of the alleged offence;
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(c) whether the person resorted to other
reasonably accessible alternatives before
making the disclosure and, in doing so,
whether the person complied with any
relevant guidelines, policies or laws that
applied to the person;
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(d) whether the person had reasonable
grounds to believe that the disclosure would
be in the public interest;
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(e) the public interest intended to be served
by the disclosure;
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(f) the extent of the harm or risk of harm
created by the disclosure; and
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(g) the existence of exigent circumstances
justifying the disclosure.
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| Prior
disclosure to
authorities
necessary
|
(5) A judge or court may decide whether the
public interest in the disclosure outweighs the
public interest in non-disclosure only if the
person has complied with the following :
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(a) the person has, before communicating
or confirming the information, brought his
or her concern to, and provided all relevant
information in his or her possession to, his
or her deputy head or, if not reasonably
practical in the circumstances, the Deputy
Attorney General of Canada; and
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(b) the person has, if he or she has not
received a response from the deputy head or
the Deputy Attorney General of Canada, as
the case may be, within a reasonable time,
brought his or her concern to, and provided
all relevant information in the person's
possession to,
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(i) the Security Intelligence Review
Committee, if the person's concern
relates to an alleged offence that has
been, is being or is about to be committed
by another person in the purported
performance of that person's duties and
functions of service for, or on behalf of,
the Government of Canada, other than a
person who is a member of the
Communications Security
Establishment, and he or she has not
received a response from the Security
Intelligence Review Committee within a
reasonable time, or
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(ii) the Communications Security
Establishment Commissioner, if the
person's concern relates to an alleged
offence that has been, is being or is about
to be committed by a member of the
Communications Security
Establishment, in the purported
performance of that person's duties and
functions of service for, or on behalf of,
the Communications Security
Establishment, and he or she has not
received a response from the
Communications Security
Establishment Commissioner within a
reasonable time.
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| Exigent
circumstances
|
(6) Subsection (5) does not apply if the
communication or confirmation of the
information was necessary to avoid grievous
bodily harm or death.
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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
|
(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
|
(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
|
(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
national 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
|
(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''
|
(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
|
(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.
|
|
| 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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