Bill C-36
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the justice shall add to the order a condition
prohibiting the accused from possessing a
firearm, cross-bow, prohibited weapon,
restricted weapon, prohibited device,
ammunition, prohibited ammunition or
explosive substance, or all those things, until
the accused is dealt with according to law
unless the justice considers that such a
condition is not required in the interests of the
safety of the accused or the safety and security
of a victim of the offence or of any other
person.
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(16) On the later of the coming into force
of subsection 19(2) of this Act and
subsection 37(2) of the other Act, the
portion of subsection 515(4.2) of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Additional
conditions
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(4.2) Before making an order under
subsection (2), in the case of an accused who
is charged with an offence referred to in
subsection (4.3), the justice shall consider
whether it is desirable, in the interests of the
safety and security of any person, particularly
a victim of or witness to the offence or a justice
system participant, to include as a condition of
the order
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(17) On the later of the coming into force
of subsection 19(3) of this Act and
subsection 37(2) of the other Act,
paragraph 515(4.3)(b) of the Criminal Code
is replaced by the following:
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(18) On the later of the coming into force
of section 21 of this Act and section 45 of the
other Act, subsection 743.6(1.2) of the
Criminal Code is replaced by the following:
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| Power of
court to delay
parole
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(1.2) Notwithstanding section 120 of the
Corrections and Conditional Release Act,
where an offender receives a sentence of
imprisonment of two years or more, including
a sentence of imprisonment for life, on
conviction for a terrorism offence or an
offence under section 467.11, 467.12 or
467.13, the court shall order that the portion of
the sentence that must be served before the
offender may be released on full parole is one
half of the sentence or ten years, whichever is
less, unless the court is satisfied, having
regard to the circumstances of the commission
of the offence and the character and
circumstances of the offender, that the
expression of society's denunciation of the
offence and the objectives of specific and
general deterrence would be adequately
served by a period of parole ineligibility
determined in accordance with the
Corrections and Conditional Release Act.
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(19) On the later of the coming into force
of subsection 22(1) of this Act and
subsection 46(1) of the other Act, subsection
810.01(1) of the Criminal Code is replaced
by the following:
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| Fear of certain
offences
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810.01 (1) A person who fears on
reasonable grounds that another person will
commit an offence under section 423.1, a
criminal organization offence or a terrorism
offence may, with the consent of the Attorney
General, lay an information before a
provincial court judge.
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134. (1) If Bill C-24, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Criminal Code
(organized crime and law enforcement) and
to make consequential amendments to other
Acts (the ``other Act''), receives royal
assent, then subsection 18(2) of the Proceeds
of Crime (Money Laundering) and Terrorist
Financing Act is replaced by the following:
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| Return of
seized
currency or
monetary
instruments
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(2) The officer shall, on payment of a
penalty in the prescribed amount, return the
seized currency or monetary instruments to
the individual from whom they were seized or
to the lawful owner unless the officer has
reasonable grounds to suspect that the
currency or monetary instruments are
proceeds of crime within the meaning of
subsection 462.3(1) of the Criminal Code or
funds for use in the financing of terrorist
activities.
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(2) Subsection (1) comes into force on the
later of the coming into force of section 58
of this Act and subsection 12(1) of the other
Act.
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135. (1) Subsections (2) to (10) apply if
Bill C-24, introduced in the 1st Session of
the 37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) On the later of the coming into force
of the definition ``restrained property'' in
section 2 of the Seized Property Management
Act as enacted by subsection 105(1) of this
Act and that definition as enacted by
subsection 73(3) of the other Act, the
definition ``restrained property'' in section
2 of the Seized Property Management Act is
replaced by the following:
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| ``restrained
property'' « biens bloqués »
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``restrained property'' means any property
that is the subject of a restraint order made
under section 83.13, 462.33 or 490.8 of the
Criminal Code or section 14 of the
Controlled Drugs and Substances Act;
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(3) If the definition ``seized property'' in
section 2 of the Seized Property Management
Act as enacted by subsection 73(3) of the
other Act comes into force before that
definition as enacted by subsection 105(1) of
this Act, then, on the coming into force of
that definition as enacted by subsection
73(3) of the other Act, that definition as
enacted by subsection 105(1) of this Act is
repealed.
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(4) If subsection 74(1) of the other Act
comes into force before subsection 106(1) of
this Act, then, on the later of the coming into
force of subsection 74(1) of the other Act
and this section, subsection 106(1) of this
Act is repealed.
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(5) On the later of the coming into force
of subparagraph 3(b)(iii) of the Seized
Property Management Act as enacted by
subsection 106(2) of this Act and that
subparagraph as enacted by subsection
74(2) of the other Act, subparagraph
3(b)(iii) of the Seized Property Management
Act is replaced by the following:
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(6) On the later of the coming into force
of paragraph 4(1)(a) of the Seized Property
Management Act as enacted by subsection
107(1) of this Act and that paragraph as
enacted by section 75 of the other Act,
paragraph 4(1)(a) of the Seized Property
Management Act is replaced by the
following:
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(7) On the later of the coming into force
of paragraph 4(1)(b) of the Seized Property
Management Act as enacted by subsection
107(1) of this Act and that paragraph as
enacted by section 75 of the other Act,
paragraph 4(1)(b) of the Seized Property
Management Act is replaced by the
following:
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(8) If subsection 5(3) of the Seized
Property Management Act as enacted by
section 108 of this Act comes into force
before subsection 5(1) of the Seized Property
Management Act as enacted by section 76 of
the other Act, then, on the coming into force
of section 108 of this Act, subsection 5(1) of
the Seized Property Management Act as
enacted by section 76 of the other Act is
replaced by the following:
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| Transfer of
property
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5. (1) Every person who has control of any
property that is subject to a management order
issued under subsection 83.13(2), 462.331(1)
or 490.81(1) of the Criminal Code, subsection
14.1(1) of the Controlled Drugs and
Substances Act or subsection 7(1) of this Act
shall, as soon as practicable after the order is
issued, transfer the control of the property to
the Minister, except for any property or any
part of the property that is needed as evidence
or is necessary for the purposes of an
investigation.
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(9) If subsection 5(1) of the Seized
Property Management Act as enacted by
section 76 of the other Act comes into force
before subsection 5(3) of the Seized Property
Management Act as enacted by section 108
of this Act, then, on the coming into force of
subsection 5(1) of the Seized Property
Management Act as enacted by section 76 of
the other Act,
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| Transfer of
property
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5. (1) Every person who has control of any
property that is subject to a management order
issued under subsection 83.13(2), 462.331(1)
or 490.81(1) of the Criminal Code, subsection
14.1(1) of the Controlled Drugs and
Substances Act or subsection 7(1) of this Act
shall, as soon as practicable after the order is
issued, transfer the control of the property to
the Minister, except for any property or any
part of the property that is needed as evidence
or is necessary for the purposes of an
investigation.
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(10) If section 78 of the other Act comes
into force before section 109 of this Act,
then, on the later of the coming into force of
section 78 of the other Act and this section,
section 109 of this Act is repealed.
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136. If Bill C-24, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Criminal Code
(organized crime and law enforcement) and
to make consequential amendments to other
Acts, has not received royal assent on the
later of the coming into force of section 96
of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act
and section 111 of this Act, then at that time
subparagraph 11(a)(i) of the Seized Property
Management Act is replaced by the
following:
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137. (1) Subsections (2) to (4) apply if Bill
C-24, introduced in the 1st Session of the
37th Parliament and entitled An Act to
amend the Criminal Code (organized crime
and law enforcement) and to make
consequential amendments to other Acts (the
``other Act''), receives royal assent.
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(2) If, on the later of the coming into force
of section 111 of this Act and section 96 of
the Proceeds of Crime (Money Laundering)
and Terrorist Financing Act, section 79 of
the other Act is not in force, then at that
time section 80 of the other Act is repealed.
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(3) If, on the later of the coming into force
of section 111 of this Act and section 79 of
the other Act, section 96 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act is not in force, then at that
time
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(4) On the latest of the coming into force
of section 111 of this Act, section 79 of the
other Act and section 96 of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act, subparagraph 11(a)(i) of the
Seized Property Management Act is replaced
by the following:
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138. If Bill C-24, introduced in the 1st
Session of the 37th Parliament and entitled
An Act to amend the Criminal Code
(organized crime and law enforcement) and
to make consequential amendments to other
Acts (the ``other Act''), receives royal
assent, and if, on the day on which this Act
receives royal assent, section 80 of the other
Act has not had effect and section 111 of this
Act is not in force, then section 80 of the
other Act is replaced by the following:
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80. On the later of the coming into force
of subparagraph 11(a)(i) of the Seized
Property Management Act, as enacted by
section 96 of the Proceeds of Crime (Money
Laundering) and Terrorist Financing Act,
and section 79 of this Act, subparagraph
11(a)(i) of the Seized Property Management
Act is replaced by the following:
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Bill C-30
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139. (1) If Bill C-30, introduced in the 1st
Session of the 37th Parliament and entitled
the Courts Administration Service Act (the
``other Act''), receives royal assent, then
section 161 of the other Act and the heading
before it are replaced by the following:
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Proceeds of Crime (Money Laundering) and Terrorist Financing Act |
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161. Subsection 30(2) of the Proceeds of
Crime (Money Laundering) and Terrorist
Financing Act is replaced by the following:
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| Ordinary
action
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(2) The Federal Courts Act and the rules
made under that Act that apply to ordinary
actions apply to actions instituted under
subsection (1) except as varied by special
rules made in respect of such actions.
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(2) Subsection (1) comes into force on the
day on which this Act receives royal assent,
but only if that day is before the day on
which section 161 of the other Act comes
into force.
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140. (1) If Bill C-30, introduced in the 1st
Session of the 37th Parliament and entitled
the Courts Administration Service Act (the
``other Act''), receives royal assent, then
paragraph 37(3)(a) of the Canada Evidence
Act is replaced by the following:
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(2) Subsection (1) comes into force on the
later of the coming into force of section 43
of this Act and paragraph 183(1)(b) of the
other Act.
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141. (1) Subsections (2) to (7) apply if Bill
C-30, introduced in the 1st session of the
37th Parliament and entitled the Courts
Administration Service Act (the ``other
Act''), receives royal assent.
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(2) If section 119 of the other Act comes
into force before section 43 of this Act, then,
on the later of the day on which this Act
receives royal assent and the day on which
section 119 of the other Act comes into
force, paragraph 37.1(1)(a) of the Canada
Evidence Act is replaced by the following:
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(3) If section 43 of this Act comes into
force before section 119 of the other Act,
then, on the later of the day on which section
43 of this Act comes into force and the day
on which the other Act receives royal
assent,
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(4) On the later of the coming into force
of section 43 of this Act and section 16 of the
other Act, the definition ``judge'' in section
38 of the Canada Evidence Act is replaced by
the following:
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| ``judge'' « juge »
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``judge'' means the Chief Justice of the
Federal Court or a judge of that Court
designated by the Chief Justice to conduct
hearings under section 38.04.
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(5) On the later of the coming into force
of section 43 of this Act and section 16 of the
other Act, paragraph 38.02(c) of the
Canada Evidence Act is replaced by the
following:
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(6) On the later of the coming into force
of section 43 of this Act and section 16 of the
other Act, section 38.031 of the Canada
Evidence Act is replaced by the following:
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| Disclosure
agreement
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38.031 (1) The Attorney General of Canada
and a person who has given notice under
subsection 38.01(1) or (2) and is not required
to disclose information but wishes, in
connection with a proceeding, to disclose any
facts referred to in paragraphs 38.02(1)(b) to
(d) or information about which he or she gave
the notice, or to cause that disclosure, may,
before the person applies to the Federal Court
under paragraph 38.04(2)(c), enter into an
agreement that permits the disclosure of part
of the facts or information or disclosure of the
facts or information subject to conditions.
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| No
application to
Federal Court
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(2) If an agreement is entered into under
subsection (1), the person may not apply to the
Federal Court under paragraph 38.04(2)(c)
with respect to the information about which he
or she gave notice to the Attorney General of
Canada under subsection 38.01(1) or (2).
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(7) On the later of the coming into force
of section 43 of this Act and section 16 of the
other Act, section 38.04 of the Canada
Evidence Act is replaced by the following:
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| Application to
Federal
Court - Attor
ney General
of Canada
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38.04 (1) The Attorney General of Canada
may, at any time and in any circumstances,
apply to the Federal Court for an order with
respect to the disclosure of information about
which notice was given under any of
subsections 38.01(1) to (4).
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| Application to
Federal
Court - gene
ral
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(2) If, with respect to information about
which notice was given under any of
subsections 38.01(1) to (4), the Attorney
General of Canada does not provide notice of
a decision in accordance with subsection
38.03(3) or, other than by an agreement under
section 38.031, authorizes the disclosure of
only part of the information or disclosure
subject to any conditions,
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| Notice to
Attorney
General of
Canada
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(3) A person who applies to the Federal
Court under paragraph (2)(b) or (c) shall
provide notice of the application to the
Attorney General of Canada.
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| Court records
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(4) An application under this section is
confidential. Subject to section 38.12, the
Chief Administrator of the Courts
Administration Service may take any measure
that he or she considers appropriate to protect
the confidentiality of the application and the
information to which it relates.
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| Procedure
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(5) As soon as the Federal Court is seized of
an application under this section, the judge
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