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Bill C-40

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	PUBLICATION OF AGREEMENTS
Publication in Canada Gazette	5. (1) Unless the agreement has been published under subsection (2), an agreement - or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement - must be published in the Canada Gazette no later than 60 days after it comes into force.
Publication in Canada Treaty Series	(2) An agreement - or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement - may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force.
Judicial notice	(3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.
1995, c. 5, par. 25(1)(v)	100. Subsections 6(1) to (3) of the Act are replaced by the following:
Administra- tive arrangements	6. (1) If there is no agreement between Canada and a state or entity, or the state's or entity's name does not appear in the schedule, the Minister of Foreign Affairs may, with the agreement of the Minister, enter into an administrative arrangement with the state or entity providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be an indictable offence.
Administra- tive arrangements	(2) If an agreement expressly states that legal assistance may be provided with respect to acts that do not constitute an offence within the meaning of the agreement, the Minister of Foreign Affairs may, in exceptional circumstances and with the agreement of the Minister, enter into an administrative arrangement with the state or entity concerned, providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be a contravention of an Act of Parliament or of the legislature of a province.
Nature of administra- tive arrangement	(3) An administrative arrangement entered into under subsection (1) or (2) may be implemented by the Minister, pursuant to this Act, in the same manner as an agreement.
	101. Sections 7 and 8 of the Act are replaced by the following:
Functions of Minister	7. (1) The Minister is responsible for the implementation of every agreement and the administration of this Act.
Agreement and Act to apply	(2) When a request is presented to the Minister by a state or entity or a Canadian competent authority, the Minister shall deal with the request in accordance with the relevant agreement and this Act.
	PART I
	FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES
	Implementation
Limitation - requests under agreements	8. (1) If a request for mutual legal assistance is made under an agreement, the Minister may not give effect to the request by means of the provisions of this Part unless the agreement provides for mutual legal assistance with respect to the subject-matter of the request.
Request by state or entity in schedule	(2) If a request for mutual legal assistance is made by a state or entity whose name appears in the schedule, the Minister may give effect by means of the provisions of this Part to a request with respect to any subject-matter.
	102. (1) Subsection 9(1) of the Act is replaced by the following:
Standing and jurisdiction	9. (1) When the Minister approves a request of a state or entity to enforce the payment of a fine imposed in respect of an offence by a court of criminal jurisdiction of the state or entity, a court in Canada has jurisdiction to enforce the payment of the fine, and the fine is recoverable in civil proceedings instituted by the state or entity, as if the fine had been imposed by a court in Canada.
	(2) Subsection 9(3) of the Act is replaced by the following:
Definition of ``fine''	(3) For the purposes of this section, ``fine'' includes any pecuniary penalty determined by a court of criminal jurisdiction of a state or entity to represent the value of any property, benefit or advantage, irrespective of its location, obtained or derived directly or indirectly as a result of the commission of an offence.
	103. Subsection 11(1) of the Act is replaced by the following:
Approval of request to search or seize	11. (1) When the Minister approves a request of a state or entity to have a search or a seizure carried out in Canada regarding an offence with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for a search warrant.
	104. (1) Paragraph 12(1)(a) of the Act is replaced by the following:

	(a) an offence has been committed with respect to which the state or entity has jurisdiction;


	(2) Paragraph 12(4)(b) of the Act is replaced by the following:
	(b) state that, at that hearing, an order will be sought for the sending to the state or entity of the records or things seized in execution of the warrant; and
	105. The portion of paragraph 15(1)(b) of the Act before subparagraph (i) is replaced by the following:
	(b) in any other case, order that a record or thing seized in execution of the warrant be sent to the state or entity mentioned in subsection 11(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions
	106. Section 16 of the Act is replaced by the following:
Terms and conditions	16. No record or thing seized that has been ordered under section 15 to be sent to the state or entity mentioned in subsection 11(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.
	107. Subsection 17(1) of the Act is replaced by the following:
Approval of request to obtain evidence	17. (1) When the Minister approves a request of a state or entity to obtain, by means of an order of a judge, evidence regarding an offence with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.
	108. (1) Paragraph 18(1)(a) of the Act is replaced by the following:
	(a) an offence has been committed with respect to which the state or entity has jurisdiction; and
	(2) Paragraph 18(2)(b) of the French version of the Act is replaced by the following:
	b) l'ordre à une personne visée de faire une copie d'un document ou d'en établir un à partir de données et de remettre la copie ou le document à une personne désignée ou celui de remettre à une telle personne tout objet ou document en sa possession ou sous son contrôle, ainsi que des indications concernant l'affidavit ou le certificat qui, s'il y a lieu, doit accompagner la copie, l'objet ou le document, à la demande de l'État ou entité;
	(3) Paragraphs 18(7)(b) and (c) of the Act are replaced by the following:
	(b) to require the person to answer the questions or to produce the records or things would constitute a breach of a privilege recognized by a law in force in the state or entity that presented the request mentioned in subsection 17(1); or
	(c) to answer the questions or to produce the records or things would constitute the commission by the person of an offence against a law in force in the state or entity that presented the request mentioned in subsection 17(1).
	109. Subsection 19(4) of the Act is replaced by the following:
Refusals based on foreign law	(4) A copy of every statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity shall be appended to any order that the judge makes under section 20.
	110. (1) Subsection 20(1) of the Act is replaced by the following:
Sending abroad	20. (1) A judge to whom a report is made under subsection 19(1) may order that there be sent to the state or entity the report and any record or thing produced, as well as a copy of the order accompanied by a copy of any statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity, as well as any determination of the judge made under subsection 19(3) that the reasons contained in a statement given under subsection 18(9) are well-founded.
	(2) Subsection 20(3) of the Act is replaced by the following:
Further execution	(3) The execution of an order made under subsection 18(1) that was not completely executed because of a refusal, by reason of a law that applies to the state or entity, to answer one or more questions or to produce certain records or things to the person designated under paragraph 18(2)(c) may be continued if a court of the state or entity or a person designated by the state or entity determines that the reasons are not well-founded and the state or entity so advises the Minister.
	111. Section 21 of the Act is replaced by the following:
Terms and conditions	21. No record or thing that has been ordered under section 20 to be sent to the state or entity mentioned in subsection 17(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.
	112. Subparagraph 22(b)(ii) of the Act is replaced by the following:

	(ii) a court of the state or entity or by a person designated by the state or entity, if the reasons were based on a law that applies to the state or entity.
	113. The Act is amended by adding the following after section 22:
Approval of request to obtain evidence by video link, etc.	22.1 (1) If the Minister approves a request of a state or entity to compel a person to provide evidence or a statement, by means of technology that permits the virtual presence of the person in the territory over which the state or entity has jurisdiction, or that permits the parties and the court to hear and examine the witness, regarding an offence with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.
Application for order	(2) The competent authority who is provided with the documents or information shall apply ex parte to a judge of the province in which the person may be found for an order for the taking of the evidence or statement from the person under subsection (1).
Order for video link, etc.	22.2 (1) The judge may make the order if satisfied that there are reasonable grounds to believe that
	(a) an offence has been committed with respect to which the state or entity has jurisdiction; and
	(b) the state or entity believes that the person's evidence or statement would be relevant to the investigation or prosecution of the offence.
Provisions of order	(2) An order made under subsection (1) shall order the person
	(a) to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the state or entity;
	(b) to answer any questions put to the person by the authorities of the state or entity or by any person authorized by those authorities, in accordance with the law that applies to the state or entity;
	(c) to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate; and
	(d) to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology.
Order effective throughout Canada	(3) An order made under subsection (1) may be executed anywhere in Canada.
Terms and conditions of order	(4) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties.
Variation	(5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions.
Expenses	(6) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order.
Other laws about witnesses to apply	22.3 For greater certainty, when a witness gives evidence or a statement pursuant to an order made under section 22.2, the evidence or statement shall be given as though the witness were physically before the court or tribunal outside Canada, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the Canadian law of non-disclosure of information or privilege.
Contempt of court in Canada	22.4 When a witness gives evidence under section 22.2, the Canadian law relating to contempt of court applies with respect to a refusal by the person to answer a question or to produce a record or thing as ordered by the judge under that section.
	114. (1) Subsection 23(1) of the Act is replaced by the following:
Arrest warrant	23. (1) The judge who made the order under subsection 18(1) or section 22.2 or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath, that
	(a) the person did not attend or remain in attendance as required by the order or is about to abscond;
	(b) the order was personally served on the person; and
	(c) in the case of an order made under subsection 18(1), the person is likely to give material evidence and, in the case of an order under section 22.2, the state or entity believes that the testimony of the person would be relevant to the prosecution of the offence.
	(2) Subsection 23(3) of the Act is replaced by the following:
Order	(3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or released on recognizance, with or without sureties.
	115. Subsection 24(1) of the Act is replaced by the following:
Approval of transfer request	24. (1) When the Minister approves a request of a state or entity to have a detained person who is serving a term of imprisonment in Canada transferred to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a transfer order.
	116. (1) Subsection 25(1) of the Act is replaced by the following:
Making of transfer order	25. (1) If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order.
	(2) Paragraph 25(3)(c) of the Act is replaced by the following:
	(c) order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made;
	117. (1) Subsection 30(1) of the Act is replaced by the following:
Approval of loan request	30. (1) When the Minister approves the request of a state or entity to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada lent to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a loan order.

Bill C-40

PUBLICATION OF AGREEMENTS

PART I

FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES

Implementation