|
|
(xlviii) section 279.1 (hostage taking),
|
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|
|
(xlix) section 280 (abduction of person
under sixteen),
|
|
|
|
(l) section 281 (abduction of person
under fourteen),
|
|
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|
(li) section 282 (abduction in
contravention of custody order),
|
|
|
|
(lii) section 283 (abduction),
|
|
|
|
(liii) section 318 (advocating
genocide),
|
|
|
|
(liv) section 327 (possession of device
to obtain telecommunication facility
or service),
|
|
|
|
(lv) section 334 (theft),
|
|
|
|
(lvi) section 342 (theft, forgery, etc., of
credit card),
|
|
|
|
(lvii) section 342.1 (unauthorized use
of computer),
|
|
|
|
(lviii) section 342.2 (possession of
device to obtain computer service),
|
|
|
|
(lix) section 344 (robbery),
|
|
|
|
(lx) section 346 (extortion),
|
|
|
|
(lxi) section 347 (criminal interest
rate),
|
|
|
|
(lxii) section 348 (breaking and
entering),
|
|
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|
(lxiii) section 354 (possession of
property obtained by crime),
|
|
|
|
(lxiv) section 356 (theft from mail),
|
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|
|
(lxv) section 367 (forgery),
|
|
|
|
(lxvi) section 368 (uttering forged
document),
|
|
|
|
(lxvii) section 372 (false messages),
|
|
|
|
(lxviii) section 380 (fraud),
|
|
|
|
(lxix) section 381 (using mails to
defraud),
|
|
|
|
(lxx) section 382 (fraudulent
manipulation of stock exchange
transactions),
|
|
|
|
(lxxi) section 423.1 (intimidation of
justice system participant or
journalist),
|
|
|
|
(lxxii) section 424 (threat to commit
offences against internationally
protected person),
|
|
|
|
(lxxii.1) section 424.1 (threat against
United Nations or associated
personnel),
|
|
|
|
(lxxiii) section 426 (secret
commissions),
|
|
|
|
(lxxiv) section 430 (mischief),
|
|
|
|
(lxxv) section 431 (attack on premises,
residence or transport of
internationally protected person),
|
|
|
|
(lxxv.1) section 431.1 (attack on
premises, accommodation or transport
of United Nations or associated
personnel),
|
|
|
|
(lxxv.2) subsection 431.2(2)
(explosive or other lethal device),
|
|
|
|
(lxxvi) section 433 (arson),
|
|
|
|
(lxxvii) section 434 (arson),
|
|
|
|
(lxxviii) section 434.1 (arson),
|
|
|
|
(lxxix) section 435 (arson for
fraudulent purpose),
|
|
|
|
(lxxx) section 449 (making counterfeit
money),
|
|
|
|
(lxxxi) section 450 (possession, etc., of
counterfeit money),
|
|
|
|
(lxxxii) section 452 (uttering, etc.,
counterfeit money),
|
|
|
|
(lxxxiii) section 462.31 (laundering
proceeds of crime),
|
|
|
|
(lxxxiv) subsection 462.33(11) (acting
in contravention of restraint order),
|
|
|
|
(lxxxv) section 467.11 (participation
in criminal organization),
|
|
|
|
(lxxxvi) section 467.12 (commission
of offence for criminal organization),
or
|
|
|
|
(lxxxvii) section 467.13 (instructing
commission of offence for criminal
organization),
|
|
|
|
(b) section 198 (fraudulent bankruptcy)
of the Bankruptcy and Insolvency Act,
|
|
|
|
(b.1) any of the following provisions of
the Biological and Toxin Weapons
Convention Implementation Act, namely,
|
|
|
|
(i) section 6 (production, etc., of
biological agents and means of
delivery), or
|
|
|
|
(ii) section 7 (unauthorized
production, etc., of biological agents),
|
|
|
|
(c) any of the following provisions of the
Competition Act, namely,
|
|
|
|
(i) section 45 (conspiracy) in relation
to any of the matters referred to in
paragraphs 45(4)(a) to (d) of that Act,
|
|
|
|
(ii) section 47 (bid-rigging), or
|
|
|
|
(iii) subsection 52.1(3) (deceptive
telemarketing),
|
|
|
|
(d) any of the following provisions of the
Controlled Drugs and Substances Act,
namely,
|
|
|
|
(i) section 5 (trafficking),
|
|
|
|
(ii) section 6 (importing and
exporting), or
|
|
|
|
(iii) section 7 (production),
|
|
|
|
(e) section 3 (bribing a foreign public
official) of the Corruption of Foreign
Public Officials Act,
|
|
|
|
(e.1) the Crimes Against Humanity and
War Crimes Act,
|
|
|
|
(f) either of the following provisions of
the Customs Act, namely,
|
|
|
|
(i) section 153 (false statements), or
|
|
|
|
(ii) section 159 (smuggling),
|
|
|
|
(g) any of the following provisions of the
Excise Act, namely,
|
|
|
|
(i) section 158 (unlawful distillation of
spirits),
|
|
|
|
(ii) section 163 (unlawful selling of
spirits),
|
|
|
|
(iii) subsection 233(1) (unlawful
packaging or stamping), or
|
|
|
|
(iv) subsection 240(1) (unlawful
possession or sale of manufactured
tobacco or cigars),
|
|
|
|
(h) any of the following provisions of the
Export and Import Permits Act, namely,
|
|
|
|
(i) section 13 (export or attempt to
export),
|
|
|
|
(ii) section 14 (import or attempt to
import),
|
|
|
|
(iii) section 15 (diversion, etc.),
|
|
|
|
(iv) section 16 (no transfer of permits),
|
|
|
|
(v) section 17 (false information), or
|
|
|
|
(vi) section 18 (aiding and abetting),
|
|
|
|
(i) any of the following provisions of the
Immigration and Refugee Protection Act,
namely,
|
|
|
|
(i) section 117 (organizing entry into
Canada),
|
|
|
|
(ii) section 118 (trafficking in
persons),
|
|
|
|
(iii) section 119 (disembarking
persons at sea),
|
|
|
|
(iv) section 122 (offences related to
documents),
|
|
|
|
(v) section 126 (counselling
misrepresentation), or
|
|
|
|
(vi) section 129 (offences relating to
officers), or
|
|
|
|
(j) any offence under the Security of
Information Act,
|
|
|
|
and includes any other offence that there are
reasonable grounds to believe is a criminal
organization offence or any other offence
that there are reasonable grounds to believe
is an offence described in paragraph (b) or
(c) of the definition ``terrorism offence'' in
section 2;
|
|
|
|
Repeals
|
|
| 2001, c. 32
|
107. Subsection 81(2) of An Act to amend
the Criminal Code (organized crime and law
enforcement) and to make consequential
amendments to other Acts is repealed.
|
|
| 2001, c. 27
|
108. Section 245 of the Immigration and
Refugee Protection Act is repealed.
|
|
|
|
|
|
| 2001, c. 27
|
Immigration and Refugee Protection Act
|
|
|
|
109. On the later of the coming into force
of section 55 of the Immigration and Refugee
Protection Act and paragraph (b) of the
definition ``warrant'' in subsection 4.82(1)
of the Aeronautics Act, as enacted by section
5 of this Act, paragraph (b) of the definition
``warrant'' in subsection 4.82(1) of the
Aeronautics Act is replaced by the
following:
|
|
|
|
(b) a warrant issued under subsection
55(1) or 82(1) of the Immigration and
Refugee Protection Act; or
|
|
| 2001, c. 29
|
Transportation Appeal Tribunal of Canada
Act
|
|
|
|
110. (1) On the later of the coming into
force of subsection 36(2) of the
Transportation Appeal Tribunal of Canada
Act and subsection 13(3) of this Act,
subsections 7(7) and (8) of the Aeronautics
Act are replaced by the following:
|
|
| Determination
|
(7) The member of the Tribunal conducting
the review may make the following
determination:
|
|
|
|
(a) if the decision of the Minister relates to
a person's designation under section 4.84,
the member may determine the matter by
confirming the Minister's decision or by
referring the matter back to the Minister for
reconsideration; or
|
|
|
|
(b) if the decision of the Minister relates to
any other Canadian aviation document, the
member may determine the matter by
confirming the Minister's decision or by
substituting his or her own determination.
|
|
| Effect of
decision
pending
reconsideratio
n
|
(7.1) If a decision of the Minister under
subsection (1) is referred back to the Minister
for reconsideration under paragraph (7)(a),
the decision of the Minister remains in effect
until the reconsideration is concluded.
|
|
| Request for
reconsideratio
n of
immediate
threat
|
(8) If no appeal from a determination under
subsection (7) confirming the Minister's
decision is taken under section 7.2 within the
time limited for doing so under that section or
an appeal panel has, on an appeal under that
section, confirmed the Minister's decision
under this section, or if the Minister, after
reconsidering the matter under paragraph
(7)(a) or 7.2(3)(b), has confirmed the
suspension, the holder of the document or the
owner or operator of any aircraft, airport or
other facility in respect of which the document
was issued may, in writing, request the
Minister to reconsider whether the immediate
threat to aviation safety or security referred to
in subsection (1) that occasioned the
suspension continues to exist or is likely to
occur as described in that subsection.
|
|
|
|
(2) On the later of the coming into force
of section 38 of the Transportation Appeal
Tribunal of Canada Act and subsection 14(1)
of this Act, section 7.2 of the Aeronautics Act
is replaced by the following:
|
|
| Right of
appeal
|
7.2 (1) Within thirty days after the
determination,
|
|
|
|
(a) a person affected by the determination
may appeal a determination made under
subsection 6.72(4), paragraph 7(7)(a) or
subsection 7.1(7) to the Tribunal; or
|
|
|
|
(b) a person affected by the determination
or the Minister may appeal a determination
made under subsection 6.9(8) or paragraph
7(7)(b) to the Tribunal.
|
|
| Loss of right
of appeal
|
(2) A party that does not appear at a review
hearing is not entitled to appeal a
determination, unless they establish that there
was sufficient reason to justify their absence.
|
|
| Disposition of
appeal
|
(3) The appeal panel of the Tribunal
assigned to hear the appeal may
|
|
|
|
(a) in the case of a determination made
under subsection 6.72(4), paragraph 7(7)(a)
or subsection 7.1(7), dismiss the appeal or
refer the matter back to the Minister for
reconsideration; or
|
|
|
|
(b) in the case of a determination made
under subsection 6.9(8) or paragraph
7(7)(b), dismiss the appeal, or allow the
appeal and substitute its own decision.
|
|
| Effect of
decision
pending
reconsideratio
n
|
(4) If a decision to suspend or cancel a
Canadian aviation document is referred back
to the Minister for reconsideration under
paragraph (3)(a), the decision of the Minister
remains in effect until the reconsideration is
concluded. However, the appeal panel, after
considering any representations made by the
parties, may grant a stay of the decision made
under subsection 7.1(7) until the
reconsideration is concluded, if it is satisfied
that granting a stay would not constitute a
threat to aviation safety or security.
|
|
|
|
(3) On the later of the coming into force
of section 38 of the Transportation Appeal
Tribunal of Canada Act and subsection 2(4)
of this Act, the portion of subsection 3(3) of
the Aeronautics Act before paragraph (a) is
replaced by the following:
|
|