Bill C-36

Consequential Amendment

(d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.

PART 2

OFFICIAL SECRETS ACT

(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;

(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);

(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;

(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;

(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).

Miscellaneous Offences

Special Operational Information and Persons Permanently Bound to Secrecy

(a) a current or former member or employee of a department, division, branch or office of the public service of Canada, or any of its parts, set out in the schedule; or

(b) a person who has been personally served with a notice issued under subsection 10(1) in respect of the person or who has been informed, in accordance with regulations made under subsection 11(2), of the issuance of such a notice in respect of the person.

(a) the identity of a person, agency, group, body or entity that is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;

(b) the nature or content of plans of the Government of Canada for military operations in respect of a potential, imminent or present armed conflict;

(c) the means that the Government of Canada used, uses or intends to use, or is capable of using, to covertly collect or obtain, or to decipher, assess, analyse, process, handle, report, communicate or otherwise deal with information or intelligence, including any vulnerabilities or limitations of those means;

(d) whether a place, person, agency, group, body or entity was, is or is intended to be the object of a covert investigation, or a covert collection of information or intelligence, by the Government of Canada;

(e) the identity of any person who is, has been or is intended to be covertly engaged in an information- or intelligence-collection activity or program of the Government of Canada that is covert in nature;

(f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or

(g) information or intelligence similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) that is in relation to, or received from, a foreign entity or terrorist group.

(a) for an individual employed in or attached or seconded to a department, the deputy head of the department;

(b) for an officer or a non-commissioned member of the Canadian Forces, the Chief of the Defence Staff;

(c) for a person who is a member of the exempt staff of a Minister responsible for a department, the deputy head of the department;

(d) for a government contractor in relation to a contract with

(i) the Department of Public Works and Government Services, the deputy head of that department or any other deputy head authorized for the purpose by the Minister of Public Works and Government Services,

(ii) any other department, the deputy head of that department, and

(iii) a Crown Corporation within the meaning of subsection 83(1) of the Financial Administration Act, the deputy head of the department of the minister responsible for the Crown Corporation; and

(e) for any other person, the Clerk of the Privy Council or a person authorized for the purpose by the Clerk of the Privy Council.

(a) the person had, has or will have authorized access to special operational information; and

(b) it is in the interest of national security to designate the person.

(a) specify the name of the person in respect of whom it is issued;

(b) specify the office held, position occupied or duties performed by the person or the contract or arrangement in respect of which the person is a government contractor, as the case may be, that led to the designation; and