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Bill C-87

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DISCLOSURE OF INFORMATION

Notice for disclosure of information

16. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister.

Compliance with notice

(2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents to the Minister in the form and within the time specified in the notice.

Privileged information

17. (1) Information and documents obtained pursuant to this Act or the Convention are privileged.

Exception

(2) Information and documents are not privileged to the extent that they are required to be disclosed or communicated for the purposes of an emergency involving public safety.

Prohibition

(3) No person in possession of privileged information or documents shall knowingly, without the written consent of the person from whom they were obtained, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except

    (a) for the purpose of the enforcement of this Act or of giving effect to the Convention; or

    (b) pursuant to an obligation of the Government of Canada under the Convention.

Evidence in legal proceedings

(4) Notwithstanding any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or documents, or to give evidence relating to them, unless the proceedings relate to the enforcement of this Act.

REGULATIONS

Regulations

18. The Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and, without limiting the generality of the foregoing, may make regulations

    (a) prescribing conditions under which activities referred to in subsection 8(1) may be carried on, providing for the issue, suspension and cancellation of licences governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such licence;

    (b) respecting the procedures to be followed by representatives of the National Authority in exercising their functions under this Act; and

    (c) prescribing anything that by this Act is to be prescribed.

AMENDMENTS TO THE CONVENTION

Publication required

19. The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XV of the Convention, cause a copy of the amendment to be published in the Canada Gazette.

ENFORCEMENT

Punishment

20. Every person who contravenes any provision of this Act is guilty of an offence and liable

    (a) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding eighteen months, or to both; or

    (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years, or to both.

Criminal Code provisions apply

21. For greater certainty, the provisions of the Criminal Code apply for the purposes of enforcing this Act.

Offence outside Canada

22. Every individual who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, shall, if the individual is a Canadian citizen or a permanent resident within the meaning of section 2 of the Immigration Act, be deemed to have committed that act or omission in Canada.

Forfeiture

23. (1) Where a person has been convicted of an offence under this Act, any thing seized by means of which or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

Forfeiture with consent

(2) Where any thing has been seized by means of which or in respect of which an offence has been committed under this Act and the owner of the thing, or the person in whose possession the thing was at the time of seizure, consents in writing to its forfeiture, the thing is forfeited to Her Majesty in right of Canada and shall be disposed of as the Minister directs.

Limitation period for summary conviction offences

24. Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Continuing offence

25. Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Venue

26. A complaint or an information in respect of an offence under this Act may be dealt with by any competent court of criminal jurisdiction if the accused is resident or carrying on business within the territorial jurisdiction of that court, even though the subject-matter of the complaint or information did not arise in that territorial jurisdiction.

COMING INTO FORCE

Coming into force

27. This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

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