Bill C-36

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Protection of persons	273.67 Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization under section 273.65 or any person who assists such a person is justified in taking any reasonable action necessary to give effect to the authorization.
Effective period of authorization	273.68 (1) An authorization is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.
Variance or cancellation of authorization	(2) An authorization may be varied or cancelled in writing at any time.
Exclusion of Part VI of Criminal Code	273.69 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this Part or in relation to a communication so intercepted.
Crown Liability and Proceedings Act	273.7 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
	(a) the use or disclosure under this Part of any communication intercepted under the authority of a Ministerial authorization under section 273.65; or
	(b) the disclosure under this Part of the existence of such a communication.
2000, c. 5	Personal Information Protection and Electronic Documents Act
	*103. The Personal Information Protection and Electronic Documents Act* is amended by adding the following after section 4:**
Prohibition Certificate under Canada Evidence Act	4.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual's right of access to his or her personal information do not apply to the information that is subject to the certificate.
Certificate following filing of complaint	(2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:
	(a) all proceedings under this Part in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
	(b) the Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
	(c) the Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the organization that provided the information.
Information not to be disclosed	(3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.
	(4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
R.S., c. P-21	Privacy Act
	*104. The Privacy Act* is amended by adding the following after section 70:**
Prohibition Certificate under Canada Evidence Act	70.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual's right of access to his or her personal information do not apply to the information that is subject to the certificate.
Certificate following filing of complaint	(2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information
	(a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
	(b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
	(c) the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.
Information not to be disclosed	(3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.
Limited power of delegation	(4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
1993, c. 37	Seized Property Management Act
1996, c. 19, s. 85	*105. (1) The definitions ``restrained property'' and ``seized property'' in section 2 of the Seized Property Management Act* are replaced by the following:**
``restrained property'' « biens bloqués »	``restrained property'' means any property that is the subject of a restraint order made under section 83.13 or 462.33 of the Criminal Code;
``seized property'' « biens saisis »	``seized property'' means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated substance offence, enterprise crime offence or terrorism offence;
	(2) Section 2 of the Act is amended by adding the following in alphabetical order:
``terrorism offence'' « infraction de terrorisme »	``terrorism offence'' has the same meaning as in section 2 of the Criminal Code;
1996, c. 19, s. 86(1)	106. (1) Paragraph 3(a) of the Act is replaced by the following:
	(a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated substance offences, enterprise crime offences or terrorism offences, or property that is or may be proceeds of crime or offence-related property;
	(2) Subparagraphs 3(b)(ii) and (iii) of the Act are replaced by the following:
	(ii) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code, or
	(iii) restrained pursuant to a restraint order made under section 83.13 or 462.33 of the Criminal Code;
1997, c. 18, s. 135(F)	107. (1) Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:
	(a) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code on the application of the Attorney General;
	(b) subject to a restraint order made under section 83.13 or 462.33 of the Criminal Code on the application of the Attorney General, where the Minister is appointed pursuant to subsection 83.13(2) or subparagraph 462.33(3)(b)(i) of that Act to take control of and to manage or otherwise deal with the property; or
	(2) Subsection 4(3) of the Act is replaced by the following:
Additional responsibility	(3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that were forfeited to Her Majesty as a result of proceedings conducted by the Attorney General and that were not in the possession or under the control of the Minister prior to their forfeiture.
	108. Section 5 of the Act is amended by adding the following after subsection (2):
Transfer of property	(3) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2) of the Criminal Code 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.
1996, c. 19, s. 89(1)	109. Paragraph 9(a) of the Act is replaced by the following:
	(a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences, enterprise crime offences or terrorism offences, or of any property that is or may be proceeds of crime or offence-related property;
1997, c. 23, s. 23	110. Paragraph 10(a) of the Act is replaced by the following:
	(a) the forfeiture to Her Majesty of property pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act;
1996, c. 19, s. 91	111. Subparagraph 11(a)(i) of the Act is replaced by the following:
	(i) property forfeited to Her Majesty pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or
R.S., c. U-2	United Nations Act
	*112. Section 3 of the United Nations Act* is replaced by the following:**
Offence and punishment	3. (1) Any person who contravenes an order or regulation made under this Act is guilty of an offence and liable
	(a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or
	(b) on conviction on indictment, to imprisonment for a term of not more than 10 years.
Forfeiture	(2) Any property dealt with contrary to any order or regulation made under this Act may be seized and detained and is liable to forfeiture at the instance of the Minister of Justice, on proceedings in the Federal Court, or in any superior court, and any such court may make rules governing the procedure on any proceedings taken before the court or a judge thereof under this section.
	PART 6
	REGISTRATION OF CHARITIES - SECURITY INFORMATION
	*113. The Charities Registration (Security Information) Act* is enacted as follows:**
	An Act respecting the registration of charities having regard to security and criminal intelligence information
	SHORT TITLE
Short title	1. This Act may be cited as the Charities Registration (Security Information) Act.
	PURPOSE AND PRINCIPLES
Purpose	2. (1) The purpose of this Act is to demonstrate Canada's commitment to participating in concerted international efforts to deny support to those who engage in terrorist activities , to protect the integrity of the registration system for charities under the Income Tax Act and to maintain the confidence of Canadian taxpayers that the benefits of charitable registration are made available only to organizations that operate exclusively for charitable purposes.
Principles	(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:
	(a) maintaining the confidence of taxpayers may require reliance on information that, if disclosed, would injure national security or endanger the safety of persons; and
	(b) the process for relying on the information referred to in paragraph (a) in determining eligibility to become or remain a registered charity must be as fair and transparent as possible having regard to national security and the safety of persons.
	INTERPRETATION
Definitions	3. The following definitions apply in this Act.
``applicant'' « demandeur »	``applicant'' means a corporation, an organization or a trust that applies to the Minister of National Revenue to become a registered charity.
``judge'' « juge »	``judge'' means the Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Chief Justice.
``Minister'' « ministre »	``Minister'' means the Solicitor General of Canada.
``registered charity'' « organisme de bienfaisance enregistré »	``registered charity'' means a registered charity as defined in subsection 248(1) of the Income Tax Act.