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Bill C-78

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AGREEMENTS AND ARRANGEMENTS WITH OTHER JURISDICTIONS

Commissioner 's agreements

14. (1) The Commissioner may enter into an agreement

    (a) with a law enforcement agency to enable a witness who is involved in activities of the law enforcement agency to be admitted to the Program;

    (b) with the Attorney General of a province in respect of which an arrangement has been entered into under section 20 of the Royal Canadian Mounted Police Act to enable a witness who is involved in activities of the Force in that province to be admitted to the Program; and

    (c) with any provincial authority in order to obtain documents and other information that may be required for the protection of a protectee.

Ministerial arrangements

(2) The Minister may enter into a reciprocal arrangement with the government of a foreign jurisdiction to enable a witness who is involved in activities of a law enforcement agency in that jurisdiction to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration nor admitted to the Program without the consent of the Minister.

GENERAL

Commissioner 's powers

15. The Commissioner's powers under this Act, other than those that may be exercised in the circumstances referred to in paragraphs 11(3)(b) to (d), may be exercised on behalf of the Commissioner by any member of the Force authorized to do so but, where a decision is to be taken

    (a) whether to admit a witness to the Program in circumstances other than those described in paragraph (b), the member making the decision shall be an officer of the Force who holds a rank no lower than Chief Superintendent; and

    (b) whether to admit a witness to the Program pursuant to an agreement under paragraph 14(1)(a) or an arrangement under subsection 14(2) or to change the identity of a protectee or terminate the protection provided to a protectee, the member making the decision shall be the Assistant Commissioner who is designated by the Commissioner as being responsible for the Program.

Annual report

16. (1) The Commissioner shall, not later than June 30 each year, submit a report on the operation of the Program during the preceding fiscal year to the Minister.

Tabling

(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Policy directions relating to Program

17. The Commissioner shall give effect to such directions as the Minister may make concerning matters of general policy related to the administration of the Program.

Cooperation of other branches of government

18. Subject to confidentiality requirements imposed by any other Act, departments and agencies of the Government of Canada shall, to the extent possible, cooperate with the Commissioner and persons acting on behalf of the Commissioner in the administration of the Program under this Act.

Existing agreements

19. Every agreement in existence on the day on which this Act comes into force entered into by or on behalf of the Commissioner to provide protection to a person or entered into on behalf of the Government of Canada relating to the protection of persons is, to the extent that it is consistent with this Act, deemed to have been entered into under the relevant provisions of this Act and shall be governed by this Act.

Regulations

20. The Governor in Council may make regulations for the purpose of giving effect to this Act including, without limiting the generality of the foregoing, regulations

    (a) specifying the types of information to be provided in respect of a witness who is being considered for admission to the Program;

    (b) respecting the terms that must be included in protection agreements or in agreements or arrangements entered into under section 14; and

    (c) governing the procedures to be followed in order to involve a protectee in legal proceedings.

OFFENCE

Disclosure offence

21. Every person who contravenes subsection 11(1) is guilty of an offence and liable

    (a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or

    (b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.

RELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. R-10

Royal Canadian Mounted Police Act

R.S., c. 8 (2nd Supp.), s. 16

22. The portion of subsection 45.35(1) of the Royal Canadian Mounted Police Act before paragraph (a) is replaced by the following:

Complaints by public

45.35 (1) Any member of the public having a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any member or other person appointed or employed under the authority or this Act may, whether or not that member of the public is affected by the subject-matter of the complaint, make a complaint to

R.S., c. 8 (2nd Supp.), s.16

23. Paragraph 45.45(11)(c) of the Act is replaced by the following:

    (c) information respecting a person's financial or personal affairs where that person's interest or security outweighs the public's interest in the information.

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