(b.1) information set out in a report referred to in section 9.1;

(4) Paragraph 55(1)(d) of the Act is replaced by the following:

    (d) information voluntarily provided to the Centre about suspicions of money laundering or of the financing of terrorist activities;

(5) The portion of subsection 55(3) of the Act before paragraph (a) is replaced by the following:

Disclosure of designated information

(3) If the Centre, on the basis of its analysis and assessment under paragraph 54(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, the Centre shall disclose the information to

(6) Subsection 55(3) of the Act is amended by adding the word ``and'' at the end of paragraph (b) and by repealing paragraph (c).

(7) Subsections 55(4) to (5.1) of the Act are replaced by the following:

Recording of reasons for decision

(5.1) The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (3).

(8) The portion of subsection 55(7) of the Act before paragraph (a) is replaced by the following:

Definition of ``designated information''

(7) For the purposes of subsection (3), ``designated information'' means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

2001, c. 12, s. 2

(9) Paragraph 55(7)(e) of the Act is replaced by the following:

    (e) any other similar identifying information that may be prescribed for the purposes of this section.

68. Section 56 of the Act is replaced by the following:

Disclosure of information to the Canadian Security Intelligence Service

55.1 (1) If the Centre, on the basis of its analysis and assessment under paragraph 54(c), has reasonable grounds to suspect that designated information would be relevant to threats to the security of Canada, the Centre shall disclose that information to the Canadian Security Intelligence Service.

Recording of reasons for decision

(2) The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (1).

Definition of ``designated information''

(3) For the purposes of subsection (1), ``designated information'' means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

    (a) the name of the client or of the importer or exporter, or any person or entity acting on their behalf;

    (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

    (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

    (d) in the case of a transaction, the transaction number and the account number, if any; and

    (e) any other similar identifying information that may be prescribed for the purposes of this section.

Agreements and arrangements

56. (1) The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state, or an international organization established by the governments of foreign states regarding the exchange, between the Centre and any institution or agency of that state or organization that has powers and duties similar to those of the Centre, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

Agreements and arrangements - Centre

(2) The Centre may, with the approval of the Minister, enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties similar to those of the Centre, regarding the exchange, between the Centre and the institution or agency, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

Purposes

(3) Agreements or arrangements entered into under subsection (1) or (2) must

    (a) restrict the use of information to purposes relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

    (b) stipulate that the information be treated in a confidential manner and not be further disclosed without the express consent of the Centre.

Disclosure to foreign agencies

56.1 (1) The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization established by the governments of foreign states that has powers and duties similar to those of the Centre, if

    (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

    (b) the Minister has, in accordance with subsection 56(1), entered into an agreement or arrangement with that foreign state or international organization regarding the exchange of such information.

Disclosure to foreign agencies

(2) The Centre may disclose designated information to an institution or agency of a foreign state that has powers and duties similar to those of the Centre, if

    (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence; and

    (b) the Centre has, in accordance with subsection 56(2), entered into an agreement or arrangement with that institution or agency regarding the exchange of such information.

Request for information

(2.1) For greater certainty, designated information may be disclosed to an institution or agency under subsection (1) or (2) in response to a request made by the institution or agency.

Other disclosure

(3) In order to perform its functions under paragraph 54(c), the Centre may direct queries to an institution or agency in respect of which an agreement referred to in subsection (1) or (2) has been entered into, and in doing so it may disclose designated information.

Recording of reasons for decision

(4) The Centre shall record in writing the reasons for all decisions to disclose information made under paragraph (1)(a) or (2)(a).

Definition of ``designated information''

(5) For the purposes of this section, ``designated information'' means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

    (a) the name of the client or of the importer or exporter, or any person or entity acting on their behalf;

    (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

    (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

    (d) in the case of a transaction, the transaction number and the account number, if any; and

    (e) any other similar identifying information that may be prescribed for the purposes of this section.

69. Paragraphs 58(1)(a) to (c) of the Act are replaced by the following:

    (a) inform persons and entities that have provided a report under section 7, 7.1 or 9, or a report referred to in section 9.1, about measures that have been taken with respect to reports under those sections;

    (b) conduct research into trends and developments in the area of money laundering and the financing of terrorist activities and improved ways of detecting, preventing and deterring money laundering and the financing of terrorist activities; and

    (c) undertake measures to inform the public, persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences and terrorist activity financing offences, and others, with respect to

      (i) their obligations under this Act,

      (ii) the nature and extent of money laundering in Canada,

      (ii.1) the nature and extent of the financing of terrorist activities in Canada, and

      (iii) measures that have been or might be taken to detect, prevent and deter money laundering and the financing of terrorist activities in Canada, and the effectiveness of those measures.

70. Subsection 59(1) of the Act is replaced by the following:

Immunity from compulsory processes

59. (1) Subject to section 36 of the Access to Information Act and section 34 of the Privacy Act, the Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Part 2, is required to comply with a subpoena, a summons, an order for production of documents, or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence, a terrorist activity financing offence or an offence under this Act in respect of which an information has been laid or an indictment preferred or, in the case of an order for production of documents, if it is issued under section 60.1 for the purposes of an investigation in respect of a threat to the security of Canada.

2001, c. 12, s. 3

71. (1) Subsections 60(1) and (2) of the Act are replaced by the following:

Limitation on orders for disclosure of information

60. (1) Despite the provisions of any other Act, except sections 49 and 50 of the Access to Information Act and sections 48 and 49 of the Privacy Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4) or section 60.1.

Purpose of application

(2) The Attorney General may, for the purposes of an investigation in respect of a money laundering offence or a terrorist activity financing offence, make an application under subsection (3) for an order for disclosure of information.

(2) Paragraph 60(3)(d) of the Act is replaced by the following:

    (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence or a terrorist activity financing offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of that offence;

(3) Paragraph 60(8)(a) of the Act is replaced by the following:

    (a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence;

72. The Act is amended by adding the following after section 60:

Application for production order

60.1 (1) The Director of the Canadian Security Intelligence Service, or any employee of the Canadian Security Intelligence Service, may, for the purposes of an investigation in respect of a threat to the security of Canada, after having obtained the approval of the Solicitor General of Canada, make an application under subsection (2) to a judge for an order for disclosure of information.

Matters to be specified in application for production order

(2) An application shall be made ex parte in writing and be accompanied by an affidavit of the applicant deposing to the following matters:

    (a) the person or entity in relation to whom the information or documents referred to in paragraph (b) are required;

    (b) the type of information or documents - whether in written form, in the form of a report or record or in any other form - obtained by or on behalf of the Director in respect of which disclosure is sought;

    (c) the facts relied on to justify the belief, on reasonable grounds, that a production order under this section is required to enable the Canadian Security Intelligence Service to investigate a threat to the security of Canada;

    (d) a summary of any information already received from the Centre in respect of the threat to the security of Canada; and

    (e) information respecting all previous applications brought under this section in respect of any person or entity being investigated in relation to the threat to the security of Canada.

Order for disclosure of information

(3) Subject to the conditions that the judge considers advisable in the public interest, the judge to whom an application is made may order the Director - or any person specially designated in writing by the Director for the purpose of this section - to allow an employee of the Canadian Security Intelligence Service named in the order to have access to and examine all information and documents to which the application relates or, if the judge considers it necessary in the circumstances, to produce the information and documents to the employee and allow the employee to remove them, if the judge is satisfied

    (a) of the matters referred to in subsection (2); and

    (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained.

The order must be complied with within the period following the service of the order that the judge may specify.

Maximum duration of production order

(4) A production order shall not be issued under subsection (3) for a period exceeding sixty days.

Service of order

(5) A copy of the order shall be served on the person or entity to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court.

Extension of period for compliance with order

(6) A judge who makes an order under subsection (3) may, on application of the Director, extend the period within which it is to be complied with.

Objection to disclosure of information

(7) The Director - or any person specially designated in writing by the Director for the purposes of this section - may object to the disclosure of any information or document in respect of which an order under subsection (3) has been made by certifying orally or in writing that it should not be disclosed on the ground that

    (a) the Director is prohibited from disclosing the information or document by any bilateral or international treaty, convention or other agreement to which the Government of Canada is a signatory respecting the sharing of information related to a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence;

    (b) a privilege is attached by law to the information or document;

    (c) the information or document has been placed in a sealed package pursuant to law or an order of a court of competent jurisdiction; or

    (d) disclosure of the information or document would not, for any other reason, be in the public interest.

Determination of objection

(8) An objection made under subsection (7) may be determined, on application, in accordance with subsection (9), by the Chief Justice of the Federal Court, or by any other judge of that Court that the Chief Justice may designate to hear those applications.

Judge may examine information

(9) A judge who is to determine an objection may, if the judge considers it necessary to determine the objection, examine the information or document in relation to which the objection is made. The judge shall grant the objection and order that disclosure be refused if the judge is satisfied of any of the grounds mentioned in subsection (7).

Limitation period

(10) An application under subsection (8) shall be made within 10 days after the objection is made or within such greater or lesser period as the Chief Justice of the Federal Court, or any other judge of that Court that the Chief Justice may designate to hear those applications, considers appropriate in the circumstances.

Appeal to Federal Court of Appeal

(11) An appeal lies from a determination under subsection (8) to the Federal Court of Appeal.