Bill C-24

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	(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 Act, namely,
	(i) section 94.1 (organizing entry into Canada),
	(ii) section 94.2 (organizing entry into Canada),
	(iii) section 94.4 (disembarking persons at sea), or
	(iv) section 94.5 (counselling false statements), or
	(j) section 3 (spying) of the Official Secrets Act,
	and includes any other offence that there are reasonable grounds to believe is a criminal organization offence;
1997, c. 23, s. 4	5. Subsection 185(1.1) of the Act is replaced by the following:
Exception for criminal organization	(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to
	(a) an offence under section 467.11, 467.12 or 467.13; or
	(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
1997, c. 23, s. 5	6. Subsection 186(1.1) of the Act is replaced by the following:
Exception for criminal organization	(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to
	(a) an offence under section 467.11, 467.12 or 467.13; or
	(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
1997, c. 23, s. 6	7. Section 186.1 of the Act is replaced by the following:
Time limitation in relation to criminal organizations	186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to
	(a) an offence under section 467.11, 467.12 or 467.13; or
	(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization.
1997, c. 23, s. 7	8. Subsection 196(5) of the Act is replaced by the following:
Exception for criminal organization	(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to
	(a) an offence under section 467.11, 467.12 or 467.13, or
	(b) an offence committed for the benefit of, at the direction of, or in association with, a criminal organization,
	and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
1997, c. 23, s. 8	9. (1) Subsection 231(6.1) of the French version of the Act is replaced by the following:
Usage d'explosifs par une organisation criminelle	(6.1) Indépendamment de toute préméditation, le meurtre que commet une personne est assimilé à un meurtre au premier degré lorsque la mort est causée au cours de la perpétration ou de la tentative de perpétration d'une infraction prévue à l'article 81 au profit ou sous la direction d'une organisation criminelle, ou en association avec elle.
	(2) Section 231 of the Act is amended by adding the following after subsection (6.1):
Intimidation	(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.
2000, c. 12, par. 95(b)	10. Subsection 423(1) of the Act is replaced by the following:
Intimidation	423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
	(a) uses violence or threats of violence to that person or his or her spouse or common-law partner or children, or injures his or her property;
	(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or hers, or that the property of any of them will be damaged;
	(c) persistently follows that person;
	(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
	(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
	(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
	(g) blocks or obstructs a highway.
	11. The Act is amended by adding the following after section 423:
Intimidation of a justice system participant	423.1 (1) No person shall, without lawful authority, engage in conduct referred to in subsection (2) with the intent to provoke a state of fear in
	(a) a group of persons or the general public in order to impede the administration of criminal justice;
	(b) a justice system participant in order to impede him or her in the performance of his or her duties; or
	(c) a journalist in order to impede him or her in the transmission to the public of information in relation to a criminal organization.
Prohibited conduct	(2) The conduct referred to in subsection (1) consists of
	(a) using violence against a justice system participant or a journalist or anyone known to either of them or destroying or causing damage to the property of any of those persons;
	(b) threatening to engage in conduct described in paragraph (a) in Canada or elsewhere;
	(c) persistently or repeatedly following a justice system participant or a journalist or anyone known to either of them, including following that person in a disorderly manner on a highway;
	(d) repeatedly communicating with, either directly or indirectly, a justice system participant or a journalist or anyone known to either of them; and
	(e) besetting or watching the place where a justice system participant or a journalist or anyone known to either of them resides, works, attends school, carries on business or happens to be.
Punishment	(3) Every person who contravenes this section is guilty of an indictable offence and is liable to imprisonment for a term of not more than fourteen years.
	12. (1) Section 462.3 of the Act is renumbered as subsection 462.3(1).
R.S., c. 42 (4th Supp.), s. 2; 1993, c. 46, s. 5; 1994, c. 44, s. 29; 1995, c. 39, s. 151; 1997, c. 18, s. 27, c. 23, s. 9; 1998, c. 34, s. 9(1); 1999, c. 5, ss. 13, 52	(2) The definition ``enterprise crime offence'' in subsection 462.3(1) of the Act is repealed.
1996, c. 19, s. 68(2)	(3) The definition ``designated substance offence'' in subsection 462.3(1) of the English version of the Act is repealed.
R.S., c. 42 (4th Supp.), s. 2; 1993, c. 37, par. 32(b); 1996, c. 19, par. 70(b)	(4) The definition ``proceeds of crime'' in subsection 462.3(1) of the Act is replaced by the following:
``proceeds of crime'' « produits de la criminalité »	``proceeds of crime'' means any property, benefit or advantage, within or outside Canada, obtained or derived directly or indirectly as a result of
	(a) the commission in Canada of a designated offence, or
	(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
1996, c. 19, s. 68(2)	(5) The definition ``infraction désignée'' in subsection 462.3(1) of the French version of the Act is replaced by the following:
« infraction désignée » ``designated offence''	« infraction désignée »
	a) Soit tout acte criminel prévu à la présente loi ou une autre loi fédérale, à l'exception des actes criminels désignés par règlement;
	b) soit le complot ou la tentative en vue de commettre un tel acte ou le fait d'en être complice après le fait ou d'en conseiller la perpétration.
	(6) Subsection 462.3(1) of the English version of the Act is amended by adding the following in alphabetical order:
``designated offence'' « infraction désignée »	``designated offence'' means
	(a) an indictable offence under this or any other Act of Parliament, other than an indictable offence prescribed by regulation, or
	(b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);
	(7) Section 462.3 of the Act is amended by adding the following after subsection (1):
Regulations	(2) The Governor in Council may make regulations prescribing indictable offences that are excluded from the definition ``designated offence'' in subsection (1).
Powers of Attorney General of Canada	(3) Notwithstanding the definition ``Attorney General'' in section 2, the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned to the Attorney General by or under this Act in respect of a designated offence where the alleged offence arises out of conduct that in whole or in part is in relation to an alleged contravention of an Act of Parliament or a regulation made under such an Act, other than this Act or a regulation made under this Act.
Powers of Attorney General of a province	(4) Subsection (3) does not affect the authority of the Attorney General of a province to conduct proceedings in respect of a designated offence or to exercise any of the powers or perform any of the duties and functions assigned to the Attorney General by or under this Act.
R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(c)	13. Paragraphs 462.31(1)(a) and (b) of the Act are replaced by the following:
	(a) the commission in Canada of a designated offence; or
	(b) an act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
1997, c. 18, s. 29	14. (1) Subsection 462.32(1) of the Act is replaced by the following:
Special search warrant	462.32 (1) Subject to subsection (3), where a judge, on application of the Attorney General, is satisfied by information on oath in Form 1 that there are reasonable grounds to believe that there is in any building, receptacle or place, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection.
	(2) Section 462.32 of the Act is amended by adding the following after subsection (4):
Return of proceeds	(4.1) Subject to this or any other Act of Parliament, a peace officer who has seized anything under a warrant issued by a judge under this section may, with the written consent of the Attorney General, on being issued a receipt for it, return the thing seized to the person lawfully entitled to its possession, if
	(a) the peace officer is satisfied that there is no dispute as to who is lawfully entitled to possession of the thing seized;
	(b) the peace officer is satisfied that the continued detention of the thing seized is not required for the purpose of forfeiture; and
	(c) the thing seized is returned before a report is filed with the clerk of the court under paragraph (4)(b).
1993, c. 37, s. 21(1); 1997, c. 18, s. 30(2)	15. (1) Subsection 462.33(3) of the Act is replaced by the following:
Restraint order	(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that there exists within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in such manner as may be specified in the order.