| Limitation
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(4) The annual report shall not contain any
information the disclosure of which would
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| Sunset
provision
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83.32 (1) Sections 83.28, 83.29 and 83.3
cease to apply at the end of the fifteenth sitting
day of Parliament after December 31, 2006
unless, before the end of that day, the
application of those sections is extended by a
resolution - the text of which is established
under subsection (2) - passed by both
Houses of Parliament in accordance with the
rules set out in subsection (3).
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| Order in
Council
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(2) The Governor General in Council may,
by order, establish the text of a resolution
providing for the extension of the application
of sections 83.28, 83.29 and 83.3 and
specifying the period of the extension, which
may not exceed five years from the first day on
which the resolution has been passed by both
Houses of Parliament.
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| Rules
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(3) A motion for the adoption of the
resolution may be debated in both Houses of
Parliament but may not be amended. At the
conclusion of the debate, the Speaker of the
House of Parliament shall immediately put
every question necessary to determine
whether or not the motion is concurred in.
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| Subsequent
extensions
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(4) The application of sections 83.28, 83.29
and 83.3 may be further extended in
accordance with the procedure set out in this
section, with the words ``December 31, 2006''
in subsection (1) read as ``the expiration of the
most recent extension under this section''.
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| Definition of
``sitting day
of
Parliament''
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(5) In subsection (1), ``sitting day of
Parliament'' means a day on which both
Houses of Parliament sit.
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| Transitional
provision
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83.33 (1) In the event that sections 83.28
and 83.29 cease to apply pursuant to section
83.32, proceedings commenced under those
sections shall be completed if the hearing
before the judge of the application made under
subsection 83.28(2) began before those
sections ceased to apply.
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| Transitional
provision
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(2) In the event that section 83.3 ceases to
apply pursuant to section 83.32, a person
detained in custody under section 83.3 shall be
released when that section ceases to apply,
except that subsections 83.3(7) to (14)
continue to apply to a person who was taken
before a judge under subsection 83.3(6) before
section 83.3 ceased to apply.
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5. The definition ``offence'' in section 183
of the Act is amended
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| 1997, c. 23,
s. 4
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6. Subsection 185(1.1) of the Act is
replaced by the following:
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| Exception for
criminal
organizations
and terrorism
offences
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(1.1) Notwithstanding paragraph (1)(h),
that paragraph does not apply where the
application for an authorization is in relation
to
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| 1997, c. 23,
s. 5
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6.1 Subsection 186(1.1) of the Act is
replaced by the following:
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| Exception for
criminal
organizations
and terrorism
offences
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(1.1) Notwithstanding paragraph (1)(b),
that paragraph does not apply where the judge
is satisfied that the application for an
authorization is in relation to
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| 1997, c. 23,
s. 6
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7. Section 186.1 of the Act is replaced by
the following:
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| Time
limitation in
relation to
criminal
organizations
and terrorism
offences
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186.1 Notwithstanding paragraphs
184.2(4)(e) and 186(4)(e) and subsection
186(7), an authorization or any renewal of an
authorization may be valid for one or more
periods specified in the authorization
exceeding sixty days, each not exceeding one
year, where the authorization is in relation to
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| 1997, c. 23,
s. 7
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8. Subsection 196(5) of the Act is replaced
by the following:
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| Exception for
criminal
organizations
and terrorism
offences
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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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9. Section 231 of the Act is amended by
adding the following after subsection (6):
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| Murder
during
terrorist
activity
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(6.01) Irrespective of whether a murder is
planned and deliberate on the part of a person,
murder is first degree murder when the death
is caused while committing or attempting to
commit an indictable offence under this or any
other Act of Parliament where the act or
omission constituting the offence also
constitutes a terrorist activity.
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10. The Act is amended by adding the
following after section 320:
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| Warrant of
seizure
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320.1 (1) If a judge is satisfied by
information on oath that there are reasonable
grounds for believing that there is material
that is hate propaganda within the meaning of
subsection 320(8) or data within the meaning
of subsection 342.1(2) that makes hate
propaganda available, that is stored on and
made available to the public through a
computer system within the meaning of
subsection 342.1(2) that is within the
jurisdiction of the court, the judge may order
the custodian of the computer system to
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| Notice to
person who
posted the
material
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(2) Within a reasonable time after receiving
the information referred to in paragraph
(1)(c), the judge shall cause notice to be given
to the person who posted the material, giving
that person the opportunity to appear and be
represented before the court and show cause
why the material should not be deleted. If the
person cannot be identified or located or does
not reside in Canada, the judge may order the
custodian of the computer system to post the
text of the notice at the location where the
material was previously stored and made
available, until the time set for the
appearance.
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| Person who
posted the
material may
appear
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(3) The person who posted the material may
appear and be represented in the proceedings
in order to oppose the making of an order
under subsection (5).
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| Non-appearan
ce
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(4) If the person who posted the material
does not appear for the proceedings, the court
may proceed ex parte to hear and determine
the proceedings in the absence of the person as
fully and effectually as if the person had
appeared.
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| Order
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(5) If the court is satisfied, on a balance of
probabilities, that the material is available to
the public and is hate propaganda within the
meaning of subsection 320(8) or data within
the meaning of subsection 342.1(2) that
makes hate propaganda available, it may
order the custodian of the computer system to
delete the material.
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| Destruction of
copy
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(6) When the court makes the order for the
deletion of the material, it may order the
destruction of the electronic copy in the
court's possession.
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| Return of
material
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(7) If the court is not satisfied that the
material is available to the public and is hate
propaganda within the meaning of subsection
320(8) or data within the meaning of
subsection 342.1(2) that makes hate
propaganda available, the court shall order
that the electronic copy be returned to the
custodian and terminate the order under
paragraph (1)(b).
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| Other
provisions to
apply
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(8) Subsections 320(6) to (8) apply, with
any modifications that the circumstances
require, to this section.
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| When order
takes effect
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(9) No order made under subsections (5) to
(7) takes effect until the time for final appeal
has expired.
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| R.S., c. 27 (1st
Supp.), s. 55
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11. Section 424 of the Act is replaced by
the following:
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| Threat against
internationally
protected
person
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424. Every one who threatens to commit an
offence under section 235, 236, 266, 267, 268,
269, 269.1, 271, 272, 273, 279 or 279.1
against an internationally protected person or
who threatens to commit an offence under
section 431 is guilty of an indictable offence
and liable to imprisonment for a term of not
more than five years.
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| Threat against
United
Nations or
associated
personnel
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424.1 Every one who, with intent to compel
any person, group of persons, state or any
international or intergovernmental
organization to do or refrain from doing any
act, threatens to commit an offence under
section 235, 236, 266, 267, 268, 269, 269.1,
271, 272, 273, 279 or 279.1 against a member
of United Nations personnel or associated
personnel or threatens to commit an offence
under section 431.1 is guilty of an indictable
offence and liable to imprisonment for a term
of not more than ten years.
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12. Section 430 of the Act is amended by
adding the following after subsection (4):
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| Mischief
relating to
religious
property
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(4.1) Every one who commits mischief in
relation to property that is a building, structure
or part thereof that is primarily used for
religious worship, including a church,
mosque, synagogue or temple, or an object
associated with religious worship located in or
on the grounds of such a building or structure,
or a cemetery, if the commission of the
mischief is motivated by bias, prejudice or
hate based on religion, race, colour or national
or ethnic origin,
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| R.S., c. 27 (1st
Supp.), s. 58
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13. Section 431 of the Act is replaced by
the following:
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| Attack on
premises,
residence or
transport of
internationally
protected
person
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431. Every one who commits a violent
attack on the official premises, private
accommodation or means of transport of an
internationally protected person that is likely
to endanger the life or liberty of such a person
is guilty of an indictable offence and liable to
imprisonment for a term of not more than
fourteen years.
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| Attack on
premises,
accommoda- tion or transport of United Nations or associated personnel
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431.1 Every one who commits a violent
attack on the official premises, private
accommodation or means of transport of a
member of United Nations personnel or
associated personnel that is likely to endanger
the life or liberty of such a person is guilty of
an indictable offence and liable to
imprisonment for a term of not more than
fourteen years.
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| Definitions
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431.2 (1) The following definitions apply in
this section.
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| ``explosive or
other lethal
device'' « engin explosif ou autre engin meurtrier »
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``explosive or other lethal device'' means
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| ``infrastructur
e facility''
« infrastructur
e »
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``infrastructure facility'' means a publicly or
privately owned facility that provides or
distributes services for the benefit of the
public, including services relating to water,
sewage, energy, fuel and communications.
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| ``military
forces of a
state'' « forces
armées d'un
État »
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``military forces of a state'' means the armed
forces that a state organizes, trains and
equips in accordance with the law of the
state for the primary purpose of national
defence or national security, and every
person acting in support of those armed
forces who is under their formal command,
control and responsibility.
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| ``place of
public use'' « lieu public »
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``place of public use'' means those parts of
land, a building, street, waterway or other
location that are accessible or open to
members of the public, whether on a
continuous, periodic or occasional basis,
and includes any commercial, business,
cultural, historical, educational, religious,
governmental, entertainment, recreational
or other place that is accessible or open to
the public on such a basis.
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| ``public
transporta- tion system'' « système de transport public »
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``public transportation system'' means a
publicly or privately owned facility,
conveyance or other thing that is used in
connection with publicly available services
for the transportation of persons or cargo.
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| Explosive or
other lethal
device
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(2) Every one who delivers, places,
discharges or detonates an explosive or other
lethal device to, into, in or against a place of
public use, a government or public facility, a
public transportation system or an
infrastructure facility, either with intent to
cause death or serious bodily injury or with
intent to cause extensive destruction of such a
place, system or facility that results in or is
likely to result in major economic loss, is
guilty of an indictable offence and liable to
imprisonment for life.
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| Armed forces
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(3) For greater certainty, subsection (2)
does not apply to an act or omission that is
committed during an armed conflict and that,
at the time and in the place of its commission,
is in accordance with customary international
law or conventional international law
applicable to the conflict, or to activities
undertaken by military forces of a state in the
exercise of their official duties, to the extent
that those activities are governed by other
rules of international law.
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| 1995, c. 39,
s. 151(1)
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14. (1) Subparagraph (a)(i) of the
definition ``enterprise crime offence'' in
section 462.3 of the Act is replaced by the
following:
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(2) The definition ``enterprise crime
offence'' in section 462.3 of the Act is
amended by adding the following after
paragraph (a):
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15. Subsection 462.48(1) of the 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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| 1997, c. 16,
ss. 6(2) and
(3)
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16. (1) Subsections 486(2.11) and (2.2) of
the Act are replaced by the following:
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