Bill C-36

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	Communications with Foreign Entities or Terrorist Groups
Communicati ng safeguarded information	16. (1) Every person commits an offence who, without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if
	(a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and
	(b) the person intends, by communicating the information, to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests or is reckless as to whether the communication of the information is likely to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests.
Communicati ng safeguarded information	(2) Every person commits an offence who, intentionally and without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if
	(a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and
	(b) harm to Canadian interests results.
Punishment	(3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for life.
Communicati ng special operational information	17. (1) Every person commits an offence who, intentionally and without lawful authority, communicates special operational information to a foreign entity or to a terrorist group if the person believes, or is reckless as to whether, the information is special operational information.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.
Breach of trust in respect of safeguarded information	18. (1) Every person with a security clearance given by the Government of Canada commits an offence who, intentionally and without lawful authority, communicates, or agrees to communicate, to a foreign entity or to a terrorist group any information that is of a type that the Government of Canada is taking measures to safeguard.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years.
	Economic Espionage
Use of trade secret for the benefit of foreign economic entity	19. (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada's economic interests, international relations or national defence or security
	(a) communicates a trade secret to another person, group or organization; or
	(b) obtains, retains, alters or destroys a trade secret.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
Defence	(3) A person is not guilty of an offence under subsection (1) if the trade secret was
	(a) obtained by independent development or by reason only of reverse engineering; or
	(b) acquired in the course of the person's work and is of such a character that its acquisition amounts to no more than an enhancement of that person's personal knowledge, skill or expertise.
Meaning of ``trade secret''	(4) For the purpose of this section, ``trade secret'' means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that
	(a) is or may be used in a trade or business;
	(b) is not generally known in that trade or business;
	(c) has economic value from not being generally known; and
	(d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
	Foreign-influenced or Terrorist-influenced Threats or Violence
Threats or violence	20. (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign entity or a terrorist group, induces or attempts to induce, by threat, accusation, menace or violence, any person to do anything or to cause anything to be done
	(a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or
	(b) that is reasonably likely to harm Canadian interests.
Application	(2) A person commits an offence under subsection (1) whether or not the threat, accusation, menace or violence occurred in Canada.
Punishment	(3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.
	Harbouring or Concealing
Harbouring or concealing	21. (1) Every person commits an offence who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals a person whom he or she knows to be a person who has committed or is likely to commit an offence under this Act.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
	Preparatory Acts
Preparatory acts	22. (1) Every person commits an offence who, for the purpose of committing an offence under subsection 16(1) or (2), 17(1), 19(1) or 20(1), does anything that is specifically directed towards or specifically done in preparation of the commission of the offence, including
	(a) entering Canada at the direction of or for the benefit of a foreign entity, a terrorist group or a foreign economic entity;
	(b) obtaining, retaining or gaining access to any information;
	(c) knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person's willingness to commit the offence;
	(d) at the direction of, for the benefit of or in association with, a foreign entity, a terrorist group or a foreign economic entity, asking a person to commit the offence; and
	(e) possessing any device, apparatus or software useful for concealing the content of information or for surreptitiously communicating, obtaining or retaining information.
Punishment	(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years.
	Conspiracy, Attempts, Etc.
Conspiracy, attempts, etc.	23. Every person commits an offence who conspires or attempts to commit, is an accessory after the fact in relation to or counsels in relation to an offence under this Act and is liable to the same punishment and to be proceeded against in the same manner as if he or she had committed the offence.
	GENERAL
Attorney General's consent	24. No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General.
Jurisdiction	25. An offence against this Act may be tried, in any place in Canada, regardless of where in Canada the offence was committed.
Extraterritoria l application	26. (1) A person who commits an act or omission outside Canada that would be an offence against this Act if it were committed in Canada is deemed to have committed it in Canada if the person is
	(a) a Canadian citizen;
	(b) a person who owes allegiance to Her Majesty in right of Canada;
	(c) a person who is locally engaged and who performs his or her functions in a Canadian mission in a foreign state; or
	(d) a person who, after the time the offence is alleged to have been committed, is present in Canada.
Jurisdiction	(2) If a person is deemed to have committed an act or omission in Canada, proceedings in respect of the offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of the offence in the same manner as if the offence had been committed in that territorial division.
Appearance of accused at trial	(3) For greater certainty, the provisions of the Criminal Code relating to requirements that a person appear at and be present during proceedings and the exceptions to those requirements apply in respect of proceedings commenced in a territorial division under subsection (2).
Person previously tried outside Canada	(4) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and the person has been tried and dealt with outside Canada in respect of the offence in a manner such that, if the person had been tried and dealt with in Canada, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.
Punishment	27. Unless this Act provides otherwise, a person who commits an offence under this Act is guilty of
	(a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or
	(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 12 months or to a fine of not more than $2,000, or to both.
	30. The Act is amended by adding, after section 27, the schedule set out in Schedule 1 to this Act.
	Consequential Amendments
R.S. c. C-46	Criminal Code
	31. The reference to ``section 3 (spying) of the Official Secrets Act'' in the definition ``offence'' in section 183 of the Criminal Code is replaced by the reference to ``any offence under the Security of Information Act''.
1991, c. 43, s. 4	32. The heading before item 91 and items 91 to 93 of the schedule to Part XX.1 of the Act are replaced by the following:
	SECURITY OF INFORMATION ACT
	91. Subsection 4(1) - wrongful communication, etc., of information
	92. Subsection 4(2) - communication of sketch, plan, model, etc.
	93. Subsection 4(3) - receiving code word, sketch, etc.
	94. Subsection 4(4) - retaining or allowing possession of document, etc.
	95. Subsection 5(1) - unauthorized use of uniforms; falsification of reports, forgery, personation and false documents
	96. Subsection 5(2) - unlawful dealing with dies, seals, etc.
	97. Section 6 - approaching, entering, etc., a prohibited place
	98. Section 7 - interference
	99. Subsection 13(1) - purported communication
	100. Subsection 14(1) - unauthorized communication of special operational information
	101. Subsection 16(1) - communicating safeguarded information
	102. Subsection 16(2) - communicating safeguarded information
	103. Subsection 17(1) - communicating special operational information
	104. Subsection 18(1) - breach of trust in respect of safeguarded information
	105. Subsection 19(1) - use of trade secret for the benefit of foreign economic entity
	106. Subsection 20(1) - threats or violence
	107. Subsection 21(1) - harbouring and concealing
	108. Subsection 22(1) - preparatory acts
	109. Section 23 - conspiracy, attempt, etc.
1999, c. 5, s. 52	33. Paragraph (b.1) of the definition ``enterprise crime offence'' in section 462.3 of the Act is replaced by the following:
	(b.1) an offence against section 126.1 or 126.2 or subsection 233(1) or 240(1) of the Excise Act, section 153, 159, 163.1 or 163.2 of the Customs Act, subsection 52.1(9) of the Competition Act or subsection 4(1), (2), (3) or (4), or section 6, or subsection 13(1), 14(1), 16(1) or (2), 17(1), 18(1), 19(1), 20(1), 21(1) or 22(1) or section 23 of the Security of Information Act , or
R.S., c. 27 (1st Supp.), s. 203	34. Subsection 486(1) of the Act is replaced by the following:
Exclusion of public in certain cases	486. (1) Any proceedings against an accused shall be held in open court, but where the presiding judge, provincial court judge or justice, as the case may be, is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice, or that it is necessary to prevent injury to international relations or national defence or security , to exclude all or any members of the public from the court room for all or part of the proceedings, he or she may so order.
R.S., c. I-1	Identification of Criminals Act
1992, c. 47, s. 74(1)	*35. Subparagraph 2(1)(a)(ii) of the Identification of Criminals Act* is replaced by the following:**
	(ii) an offence under the Security of Information Act;
R.S., c. P-4	Patent Act
	*36. Subsection 20(6) of the Patent Act* is replaced by the following:**
Person making assignment and person having knowledge thereof	(6) Any person who has made an assignment to the Minister of National Defence under this section, in respect of any covenants and agreements contained in such assignment for keeping the invention secret and otherwise in respect of all matters relating to that invention, and any other person who has knowledge of such assignment and of such covenants and agreements, shall be, for the purposes of the Security of Information Act, deemed to be persons having in their possession or control information respecting those matters that has been entrusted to them in confidence by any person holding office under Her Majesty, and the communication of any of that information by the first mentioned persons to any person other than one to whom they are authorized to communicate with, by or on behalf of the Minister of National Defence, is an offence under section 4 of the Security of Information Act.