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(10) On the later of the coming into force
of section 8 of this Act and section 8 of the
other Act, subsection 196(5) of the Criminal
Code is replaced by the following:
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| Exception for
criminal
organizations
and terrorist
groups
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(5) Notwithstanding subsections (3) and
185(3), where the judge to whom an
application referred to in subsection (2) or
185(2) is made, on the basis of an affidavit
submitted in support of the application, is
satisfied that the investigation is in relation to
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and is of the opinion that the interests of justice
warrant the granting of the application, the
judge shall grant an extension, or a subsequent
extension, of the period, but no extension may
exceed three years.
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(11) If section 15 of this Act comes into
force before subsection 26(1) of the other
Act, then, on the day on which subsection
26(1) of the other Act comes into force,
subsection 462.48(1.1) of the Criminal Code,
as enacted by subsection 26(1) of the other
Act, is amended by striking out the word
``or'' at the end of paragraph (b), by adding
the word ``or'' at the end of paragraph (c)
and by adding the following after
paragraph (c):
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(12) If subsection 29(2) of the other Act
comes into force before subsection 16(1) of
this Act, then, on the day on which
subsection 16(1) of this Act comes into
force, subsection 486(2.102) of the Criminal
Code is replaced by the following:
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| Offences
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(2.102) The offences for the purposes of
subsection (2.101) are
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(13) If subsection 16(1) of this Act comes
into force before subsection 29(2) of the
other Act, then, on the day on which
subsection 29(2) of the other Act comes into
force, subsections 486(2.101) and (2.102) of
the Criminal Code are replaced by the
following:
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| Testimony
outside court
room
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(2.101) Notwithstanding section 650,
where an accused is charged with an offence
referred to in subsection (2.102), the presiding
judge or justice, as the case may be, may order
that any witness testify
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| Offences
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(2.102) The offences for the purposes of
subsection (2.101) are
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(14) On the later of the coming into force
of subsection 16(2) of this Act and
subsection 29(3) of the other Act,
subsections 486(4.1) and (4.11) of the
Criminal Code are replaced by the
following:
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| Ban on
publication,
etc.
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(4.1) A judge or justice may, in any
proceedings against an accused other than in
respect of an offence set out in subsection (3),
make an order directing that the identity of a
victim or witness - or, in the case of an
offence referred to in subsection (4.11), the
identity of a justice system participant who is
involved in the proceedings - or any
information that could disclose their identity,
shall not be published in any document or
broadcast in any way, if the judge or justice is
satisfied that the order is necessary for the
proper administration of justice.
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| Offences
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(4.11) The offences for the purposes of
subsection (4.1) are
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(15) On the later of the coming into force
of subsection 19(1) of this Act and
subsection 37(1) of the other Act, subsection
515(4.1) of the Criminal Code is replaced by
the following:
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| Condition
prohibiting
possession of
firearms, etc.
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(4.1) When making an order under
subsection (2), in the case of an accused who
is charged with
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the justice shall add to the order a condition
prohibiting the accused from possessing a
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device,
ammunition, prohibited ammunition or
explosive substance, or all those things, until
the accused is dealt with according to law
unless the justice considers that such a
condition is not required in the interests of the
safety of the accused or the safety and security
of a victim of the offence or of any other
person.
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(16) On the later of the coming into force
of subsection 19(2) of this Act and
subsection 37(2) of the other Act, the
portion of subsection 515(4.2) of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Additional
conditions
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(4.2) Before making an order under
subsection (2), in the case of an accused who
is charged with an offence referred to in
subsection (4.3), the justice shall consider
whether it is desirable, in the interests of the
safety and security of any person, particularly
a victim of or witness to the offence or a justice
system participant, to include as a condition of
the order
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(17) On the later of the coming into force
of subsection 19(3) of this Act and
subsection 37(2) of the other Act,
paragraph 515(4.3)(b) of the Criminal Code
is replaced by the following:
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(18) On the later of the coming into force
of section 21 of this Act and section 45 of the
other Act, subsection 743.6(1.2) of the
Criminal Code is replaced by the following:
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| Power of
court to delay
parole
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(1.2) Notwithstanding section 120 of the
Corrections and Conditional Release Act,
where an offender receives a sentence of
imprisonment of two years or more, including
a sentence of imprisonment for life, on
conviction for a terrorism offence or an
offence under section 467.11, 467.12 or
467.13, the court shall order that the portion of
the sentence that must be served before the
offender may be released on full parole is one
half of the sentence or ten years, whichever is
less, unless the court is satisfied, having
regard to the circumstances of the commission
of the offence and the character and
circumstances of the offender, that the
expression of society's denunciation of the
offence and the objectives of specific and
general deterrence would be adequately
served by a period of parole ineligibility
determined in accordance with the
Corrections and Conditional Release Act.
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(19) On the later of the coming into force
of subsection 22(1) of this Act and
subsection 46(1) of the other Act, subsection
810.01(1) of the Criminal Code is replaced
by the following:
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| Fear of certain
offences
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810.01 (1) A person who fears on
reasonable grounds that another person will
commit an offence under section 423.1, a
criminal organization offence or a terrorism
offence may, with the consent of the Attorney
General, lay an information before a
provincial court judge.
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(20) Subsection 22(2) of this Act is
repealed if subsection 46(2) of the other Act
comes into force before subsection 22(2) of
this Act comes into force.
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(21) Subsection 46(2) of the other Act is
repealed if subsection 22(2) of this Act
comes into force before subsection 46(2) of
the other Act comes into force.
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134. (1) If Bill C-24, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Criminal Code
(organized crime and law enforcement) and
to make consequential amendments to other
Acts (the ``other Act''), receives royal
assent, then subsection 18(2) of the Proceeds
of Crime (Money Laundering) and Terrorist
Financing Act is replaced by the following:
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| Return of
seized
currency or
monetary
instruments
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(2) The officer shall, on payment of a
penalty in the prescribed amount, return the
seized currency or monetary instruments to
the individual from whom they were seized or
to the lawful owner unless the officer has
reasonable grounds to suspect that the
currency or monetary instruments are
proceeds of crime within the meaning of
subsection 462.3(1) of the Criminal Code or
funds for use in the financing of terrorist
activities.
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(2) Subsection (1) comes into force on the
later of the coming into force of section 58
of this Act and subsection 12(1) of the other
Act.
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135. (1) Subsections (2) to (10) apply if
Bill C-24, introduced in the 1st Session of
the 37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) On the later of the coming into force
of the definition ``restrained property'' in
section 2 of the Seized Property Management
Act as enacted by subsection 105(1) of this
Act and that definition as enacted by
subsection 73(3) of the other Act, the
definition ``restrained property'' in section
2 of the Seized Property Management Act is
replaced by the following:
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| ``restrained
property'' « biens bloqués »
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``restrained property'' means any property
that is the subject of a restraint order made
under section 83.13, 462.33 or 490.8 of the
Criminal Code or section 14 of the
Controlled Drugs and Substances Act;
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(3) If the definition ``seized property'' in
section 2 of the Seized Property Management
Act as enacted by subsection 73(3) of the
other Act comes into force before that
definition as enacted by subsection 105(1) of
this Act, then, on the coming into force of
that definition as enacted by subsection
73(3) of the other Act, that definition as
enacted by subsection 105(1) of this Act is
repealed.
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(4) If subsection 74(1) of the other Act
comes into force before subsection 106(1) of
this Act, then, on the later of the coming into
force of subsection 74(1) of the other Act
and this section, subsection 106(1) of this
Act is repealed.
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(5) On the later of the coming into force
of subparagraph 3(b)(iii) of the Seized
Property Management Act as enacted by
subsection 106(2) of this Act and that
subparagraph as enacted by subsection
74(2) of the other Act, subparagraph
3(b)(iii) of the Seized Property Management
Act is replaced by the following:
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(6) On the later of the coming into force
of paragraph 4(1)(a) of the Seized Property
Management Act as enacted by subsection
107(1) of this Act and that paragraph as
enacted by section 75 of the other Act,
paragraph 4(1)(a) of the Seized Property
Management Act is replaced by the
following:
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(7) On the later of the coming into force
of paragraph 4(1)(b) of the Seized Property
Management Act as enacted by subsection
107(1) of this Act and that paragraph as
enacted by section 75 of the other Act,
paragraph 4(1)(b) of the Seized Property
Management Act is replaced by the
following:
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(8) If subsection 5(3) of the Seized
Property Management Act as enacted by
section 108 of this Act comes into force
before subsection 5(1) of the Seized Property
Management Act as enacted by section 76 of
the other Act, then, on the coming into force
of section 108 of this Act, subsection 5(1) of
the Seized Property Management Act as
enacted by section 76 of the other Act is
replaced by the following:
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| Transfer of
property
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5. (1) Every person who has control of any
property that is subject to a management order
issued under subsection 83.13(2), 462.331(1)
or 490.81(1) of the Criminal Code, subsection
14.1(1) of the Controlled Drugs and
Substances Act or subsection 7(1) of this Act
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.
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(9) If subsection 5(1) of the Seized
Property Management Act as enacted by
section 76 of the other Act comes into force
before subsection 5(3) of the Seized Property
Management Act as enacted by section 108
of this Act, then, on the coming into force of
subsection 5(1) of the Seized Property
Management Act as enacted by section 76 of
the other Act,
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| Transfer of
property
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5. (1) Every person who has control of any
property that is subject to a management order
issued under subsection 83.13(2), 462.331(1)
or 490.81(1) of the Criminal Code, subsection
14.1(1) of the Controlled Drugs and
Substances Act or subsection 7(1) of this Act
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.
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(10) If section 78 of the other Act comes
into force before section 109 of this Act,
then, on the later of the coming into force of
section 78 of the other Act and this section,
section 109 of this Act is repealed.
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136. If Bill C-24, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Criminal Code
(organized crime and law enforcement) and
to make consequential amendments to other
Acts, has not received royal assent on the
later of the coming into force of section 96
of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act
and section 111 of this Act, then at that time
subparagraph 11(a)(i) of the Seized Property
Management Act is replaced by the
following:
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137. (1) Subsections (2) to (4) apply if Bill
C-24, introduced in the 1st Session of the
37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) If, on the later of the coming into force
of section 111 of this Act and section 96 of
the Proceeds of Crime (Money Laundering)
and Terrorist Financing Act, section 79 of
the other Act is not in force, then at that
time section 80 of the other Act is repealed.
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(3) If, on the later of the coming into force
of section 111 of this Act and section 79 of
the other Act, section 96 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act is not in force, then at that
time
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