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| Conspiracy,
attempts, etc.
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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
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24. No prosecution shall be commenced for
an offence against this Act without the consent
of the Attorney General.
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| Jurisdiction
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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
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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 outside Canada ; 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
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(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
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(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
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(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
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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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| Part XII.2 of
Criminal
Code
applicable
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28. The definitions ``judge'' and ``proceeds
of crime'' in section 462.3 of the Criminal
Code, and sections 462.32 to 462.5 of that Act,
apply with any modifications that the
circumstances require in respect of
proceedings for an offence under subsection
4(1), (2), (3) or (4), section 6, 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.
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30. The Act is amended by adding, after
section 28 , the schedule set out in Schedule
1 to this Act.
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| R.S. c. C-46
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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
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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 or 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
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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
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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 national 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
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Identification of Criminals Act
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| 1992, c. 47,
s. 74(1)
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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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| R.S., c. V-2
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Visiting Forces Act
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37. The portion of section 20 of the
Visiting Forces Act before paragraph (a) is
replaced by the following:
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| Security of
Information
Act applicable
|
20. Subject to section 21, the Security of
Information Act applies and shall be construed
as applying in respect of a designated state as
though
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38. Section 21 of the Act is replaced by the
following:
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| Exception
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21. Section 26 of the Security of
Information Act does not apply in respect of a
designated state.
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|
Regulations
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| References
|
39. Every reference to the ``Official
Secrets Act'' is replaced by a reference to the
``Security of Information Act'' in the
following provisions:
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(a) subsection 27(1) of the Controlled
Goods Regulations;
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(b) section 2 of the Grosse Isle, P.Q.,
Prohibited Place Order;
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(c) section 3 of the Exempt Personal
Information Bank Order, No. 13 (RCMP);
and
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(d) section 3 of the Exempt Personal
Information Bank Order, No. 14 (CSIS).
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40. Section 3 of the Exempt Personal
Information Bank Order, No. 25 (RCMP) is
replaced by the following:
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3. For the purposes of paragraph 18(3)(b) of
the Privacy Act, the laws concerned, in
relation to those files that are contained in the
exempt bank referred to in section 2 that
consist predominantly of personal
information described in subparagraph
22(1)(a)(ii) of that Act, are the Criminal Code,
the Security of Information Act, the Security
Offences Act, the Royal Canadian Mounted
Police Act and the Canadian Security
Intelligence Service Act.
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41. Section 24 of the Military Rules of
Evidence and the heading before it are
replaced by the following:
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24. When a person is charged under section
130 of the National Defence Act with having
committed an offence under section 6 of the
Security of Information Act, the prosecutor
may adduce evidence of that person's
character.
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42. Paragraph 22(2)(d) of the Statutory
Instruments Regulations is repealed.
|
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| R.S., c. C-5
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43. The heading before section 37 and
sections 37 and 38 of the Canada Evidence
Act are replaced by the following:
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| Definition of
``official''
|
36.1 In sections 37 to 38.16, ``official'' has
the same meaning as in section 118 of the
Criminal Code.
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