Bill C-22

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Objection to disclosure of information	(8) 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 (4) 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 respecting the sharing of information related to a money laundering offence or a substantially similar offence to which the Government of Canada is a signatory;
	(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.
Determina- tion of objection	(9) An objection made under subsection (8) may be determined, on application, in accordance with subsection (10), 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	(10) 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 (8).
Limitation period	(11) An application under subsection (9) 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	(12) An appeal lies from a determination under subsection (9) to the Federal Court of Appeal.
Limitation period for appeal	(13) An appeal under subsection (12) shall be brought within 10 days after the date of the determination appealed from or within such further time as the Federal Court of Appeal considers appropriate in the circumstances.
Special rules for hearings	(14) An application under subsection (9) or an appeal brought in respect of that application shall be heard in private and, on the request of the person objecting to the disclosure of the information or documents, be heard and determined in the National Capital Region described in the schedule to the National Capital Act.
Ex parte representa- tions	(15) During the hearing of an application under subsection (9) or an appeal brought in respect of that application, the person who made the objection in respect of which the application was made or the appeal was brought shall, on the request of that person, be given the opportunity to make representations ex parte.
Copies	(16) Where any information or document is examined or provided under subsection (4), the person by whom it is examined or to whom it is provided or any employee of the Centre may make, or cause to be made, one or more copies of it and any copy purporting to be certified by the Director or an authorized person to be a copy made under this subsection is evidence of the nature and content of the original information or document and has the same probative force as the original information or document would have had if it had been proved in the ordinary way.
Definitions	(17) The definitions in this subsection apply in this section.
``Attorney General'' « procureur général »	``Attorney General'' means the Attorney General as defined in section 2 of the Criminal Code.
``judge'' « juge »	``judge'' means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in section 462.3 of that Act.
``police officer'' « policier »	``police officer'' means any officer, constable or other person employed for the preservation and maintenance of the public peace.
Certain provisions not applicable	61. Section 43 of the Customs Act, section 231.2 of the Income Tax Act and section 289 of the Excise Tax Act do not apply to the Centre or to its employees in their capacity as employees.
	Compliance Measures
To ensure compliance	62. (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of any person or entity referred to in section 5 for the purpose of ensuring compliance with Part 1, and for that purpose may
	(a) at any reasonable time, enter any premises, other than a dwelling-house, in which the authorized person believes, on reasonable grounds, that there are records relevant to ensuring compliance with Part 1;
	(b) use or cause to be used any computer system or data processing system in the premises to examine any data contained in or available to the system;
	(c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and
	(d) use or cause to be used any copying equipment in the premises to make copies of any record.
Assistance to Centre	(2) The owner or person in charge of premises referred to in subsection (1) and every person found there shall give the authorized person all reasonable assistance to enable them to carry out their responsibilities and shall furnish them with any information with respect to the administration of Part 1 or the regulations under it that they may reasonably require.
Warrant required to enter dwelling-hous e	63. (1) If the premises referred to in subsection 62(1) is a dwelling-house, the authorized person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).
Authority to issue warrant	(2) A justice of the peace may issue a warrant authorizing the authorized person to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if on ex parte application the justice is satisfied by information on oath that
	(a) there are reasonable grounds to believe that there are in the premises records relevant to ensuring compliance with Part 1;
	(b) entry to the dwelling-house is necessary for any purpose that relates to ensuring compliance with Part 1; and
	(c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused.
Areas that may be entered	(3) For greater certainty, an authorized person who enters a dwelling-house under authority of a warrant may enter only a room or part of a room in which the person believes on reasonable grounds that a person or an entity referred to in section 5 is carrying on its business, profession or activity.
Definition of ``judge''	64. (1) In this section, ``judge'' means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court.
No examination or copying of certain documents when privilege claimed	(2) If an authorized person acting under section 62 or 63 is about to examine or copy a document in the possession of a legal counsel who claims that a named client or former client of the legal counsel has a solicitor-client privilege in respect of the document, the authorized person shall not examine or make copies of the document.
Retention of documents	(3) A legal counsel who claims privilege under subsection (2) shall
	(a) place the document, together with any other document in respect of which the legal counsel at the same time makes the same claim on behalf of the same client, in a package and suitably seal and identify the package or, if the authorized person and the legal counsel agree, allow the pages of the document to be initialled and numbered or otherwise suitably identified; and
	(b) retain it and ensure that it is preserved until it is produced to a judge as required under this section and an order is issued under this section in respect of the document.
Application to judge	(4) If a document has been retained under subsection (3), the client or the legal counsel on behalf of the client may
	(a) within 14 days after the day the document was begun to be so retained, apply, on three days notice of motion to the Deputy Attorney General of Canada, to a judge for an order
	(i) fixing a day, not later than 21 days after the date of the order, and a place for the determination of the question whether the client has solicitor-client privilege in respect of the document, and
	(ii) requiring the production of the document to the judge at that time and place;
	(b) serve a copy of the order on the Deputy Attorney General of Canada; and
	(c) if the client or legal counsel has served a copy of the order under paragraph (b), apply at the appointed time and place for an order determining the question.
Disposition of application	(5) An application under paragraph (4)(c) shall be heard in private and, on the application, the judge
	(a) may, if the judge considers it necessary to determine the question, inspect the document and, if the judge does so, the judge shall ensure that it is repackaged and resealed;
	(b) shall decide the question summarily and
	(i) if the judge is of the opinion that the client has a solicitor-client privilege in respect of the document, order the release of the document to the legal counsel, or
	(ii) if the judge is of the opinion that the client does not have a solicitor-client privilege in respect of the document, order that the legal counsel make the document available for examination or copying by the authorized person; and
	(c) at the same time as making an order under paragraph (b), deliver concise reasons that identify the document without divulging the details of it.
Order to deliver	(6) If a document is being retained under subsection (3) and a judge, on the application of the Attorney General of Canada, is satisfied that no application has been made under paragraph (4)(a) or that after having made that application no further application has been made under paragraph (4)(c), the judge shall order that the legal counsel make the document available for examination or copying by the authorized person.
Application to another judge	(7) If the judge to whom an application has been made under paragraph (4)(a) cannot act or continue to act in the application under paragraph (4)(c) for any reason, the application under paragraph (4)(c) may be made to another judge.
Costs	(8) No costs may be awarded on the disposition of an application under this section.
Prohibition	(9) The authorized person shall not examine or make copies of any document without giving a reasonable opportunity for a claim of solicitor-client privilege to be made under subsection (2).
Waiver of claim of privilege	(10) If a legal counsel has made a claim that a named client or former client of the legal counsel has a solicitor-client privilege in respect of a document, the legal counsel shall at the same time communicate to the authorized person the client's latest known address so that the authorized person may endeavour to advise the client of the claim of privilege that has been made on their behalf and may by doing so give the client an opportunity, if it is practicable within the time limited by this section, to waive the privilege before the matter is to be decided by a judge.
Disclosure to law enforcement agencies	65. The Centre may disclose to the appropriate law enforcement agencies any information of which it becomes aware under section 62 or 63 and that it suspects on reasonable grounds is evidence of a contravention of Part 1.
	Contracts and Agreements
Power to enter into	66. (1) The Centre may, for the purpose of exercising its powers or performing its duties and functions under this Part, enter into contracts, memoranda of understanding and other agreements with a department or an agency of the Government of Canada or the government of a province and with any other person or organization, whether inside or outside Canada, in its own name or in the name of Her Majesty in right of Canada.
Agreements re databases	(2) Agreements relating to the Centre's collection of information from databases referred to in paragraph 54(b) must specify the nature of and limits with respect to the information that the Centre may collect from those databases.
Limitation	(3) Despite subsection (1), only the Minister may enter into an agreement or arrangement referred to in subsection 56(1).
Choice of service providers	67. Despite section 9 of the Department of Public Works and Government Services Act, the Centre may, with the approval of the Governor in Council given on the recommendation of the Treasury Board, procure goods and services, including legal services, from outside the public service of Canada.
	Legal Proceedings
Centre	68. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Centre, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Centre in the name of the Centre in any court that would have jurisdiction if the Centre were a corporation that is not an agent of Her Majesty.
No liability	69. No action lies against Her Majesty, the Minister, the Director, any employee of the Centre or any person acting under the direction of the Director for anything done or omitted to be done in good faith in the administration or discharge of any powers, duties or functions that under this Act are intended or authorized to be exercised or performed.
	Audit
Audit	70. (1) All receipts and expenditures of the Centre are subject to examination and audit by the Auditor General of Canada.
Use and disclosure	(2) The Auditor General of Canada and every person acting on behalf of or under the direction of the Auditor General of Canada shall not use or disclose any information referred to in subsection 55(1) that they have obtained, or to which they have had access, in the course of exercising powers or performing duties and functions under this Act or the Auditor General Act, except for the purposes of exercising those powers or performing those duties and functions.

Bill C-22

Compliance Measures

Contracts and Agreements

Legal Proceedings

Audit