Bill C-36

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	18. Section 490.1 of the Act is amended by adding the following after subsection (1):
Offence relating to financing of terrorism	(1.1) For the purposes of this section and sections 490.2 to 490.9, a terrorism offence is deemed to be a criminal organization offence.
1996, c. 19, s. 93.3; 1999, c. 25, s. 8(3)	19. (1) Subsection 515(4.1) of the Act is replaced by the following:
Condition prohibiting possession of firearms, etc.	(4.1) When making an order under subsection (2), in the case of an accused who is charged with
	(a) an offence in the commission of which violence against a person was used, threatened or attempted,
	(a.1) a terrorism offence,
	(b) an offence under section 264 (criminal harassment),
	(c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act,
	(d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or
	(e) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,
	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.
1999, c. 25, s. 8(4)	(2) The portion of subsection 515(4.2) of the Act before paragraph (a) is replaced by the following:
Additional conditions	(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, to include as a condition of the order
	(3) Section 515 of the Act is amended by adding the following after subsection (4.2):
Offences	(4.3) The offences for the purposes of subsection (4.2) are
	(a) a terrorism offence;
	(b) an offence described in section 264;
	(c) an offence in the commission of which violence against a person was used, threatened or attempted; and
	(d) an offence under subsection 20(1) of the Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.
	(4) Paragraph 515(6)(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (i) and by adding the following after subparagraph (ii):
	(iii) that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,
	(iv) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act, or
	(v) an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv),
	20. Paragraph 718.2(a) of the Act is amended by striking out the word ``or'' at the end of subparagraph (iii), by adding the word ``or'' at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
	(v) evidence that the offence was a terrorism offence
	21. Section 743.6 of the Act is amended by adding the following after subsection (1.1):
Power of court to delay parole	(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, 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.
1997, c. 23, s. 19	22. (1) Subsection 810.01(1) of the Act is replaced by the following:
Fear of criminal organization offence or terrorism offence	810.01 (1) A person who fears on reasonable grounds that another person will commit a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.
1997, c. 23, s. 19	(2) Subsection 810.01(3) of the Act is replaced by the following:
Adjudication	(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1) .
1997, c. 23, s. 27	23. The portion of section 811 of the Act before paragraph (a) is replaced by the following:
Breach of recognizance	811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of
	Consequential Amendment
R.S., c. I-1	Identification of Criminals Act
	23.1 Subsection 2(1) of the Identification of Criminals Act is amended by striking out the word ``or'' at the end of paragraph (b), by adding the word ``or'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.
	PART 2
R.S., c. O-5	OFFICIAL SECRETS ACT
	*24. The long title of the Official Secrets Act* is replaced by the following:**
	An Act respecting the security of information
	25. Section 1 of the Act is replaced by the following:
Short title	1. This Act may be cited as the Security of Information Act.
	26. (1) The definition ``senior police officer'' in subsection 2(1) of the Act is repealed.
	(2) The definition ``Attorney General'' in subsection 2(1) of the Act is replaced by the following:
``Attorney General'' « procureur général »	``Attorney General'' means the Attorney General of Canada and includes his or her lawful deputy ;
	(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``communicat e'' « communiqu er »	``communicate'' includes to make available;
``foreign economic entity'' « entité économique étrangère »	``foreign economic entity'' means
	(a) a foreign state or a group of foreign states, or
	(b) an entity that is controlled, in law or in fact, or is substantially owned, by a foreign state or a group of foreign states;
``foreign entity'' « entité étrangère »	``foreign entity'' means
	(a) a foreign power,
	(b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or
	(c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or association referred to in paragraph (b);
``foreign power'' « puissance étrangère »	``foreign power'' means
	(a) the government of a foreign state,
	(b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or
	(c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state;
``foreign state'' « État étranger »	``foreign state'' means
	(a) a state other than Canada,
	(b) a province, state or other political subdivision of a state other than Canada, or
	(c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada;
``terrorist activity'' « activité terroriste»	``terrorist activity'' has the same meaning as in subsection 83.01(1) of the Criminal Code;
``terrorist group'' « groupe terroriste »	``terrorist group'' has the same meaning as in subsection 83.01(1) of the Criminal Code and includes a group or association of terrorist groups, as that expression is defined in that subsection.
	(4) Section 2 of the Act is amended by adding the following after subsection (3):
Facilitation	(4) For greater certainty, subsection 83.01(2) of the Criminal Code applies for the purposes of the definitions ``terrorist activity'' and ``terrorist group'' in subsection (1).
	27. Section 3 of the Act is replaced by the following:
Prejudice to the safety or interest of the State	3. (1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person
	(a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;
	(b) commits, inside or outside Canada, a terrorist activity;
	(c) causes or aggravates an urgent and critical situation in Canada that
	(i) endangers the lives, health or safety of Canadians, or
	(ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;
	(d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada;
	(e) endangers, outside Canada, any person by reason of that person's relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province;
	(f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province;
	(g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces;
	(h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment;
	(i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence;
	(j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification;
	(k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability;
	(l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations;
	(m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of
	(i) toxic or poisonous chemicals or their precursors,
	(ii) a microbial or other biological agent, or a toxin, including a disease organism,
	(iii) radiation or radioactivity, or
	(iv) an explosion; or
	(n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (a) to (m).
Harm to Canadian interests	(2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(a) to (n).
	28. The Act is amended by adding the following before section 4:

Bill C-36

Consequential Amendment

PART 2

OFFICIAL SECRETS ACT