Bill C-36

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	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.
Extraterri- torial 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 outside Canada; 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.
Part XII.2 of Criminal Code applicable	28. The definitions ``judge'' and ``proceeds of crime'' in section 462.3 of the Criminal Code, and sections 462.32 to 462.5 of that Act, apply with any modifications that the circumstances require in respect of proceedings for an offence under subsection 4(1), (2), (3) or (4), section 6, 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.
	30. The Act is amended by adding, after section 28, 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 or 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 national 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.
R.S., c. V-2	Visiting Forces Act
	*37. The portion of section 20 of the Visiting Forces Act* before paragraph (a) is replaced by the following:**
Security of Information Act applicable	20. Subject to section 21, the Security of Information Act applies and shall be construed as applying in respect of a designated state as though
	38. Section 21 of the Act is replaced by the following:
Exception	21. Section 26 of the Security of Information Act does not apply in respect of a designated state.
	Regulations
References	*39. Every reference to the ``Official Secrets Act'' is replaced by a reference to the ``Security of Information Act'' in the following provisions:*
	*(a) subsection 27(1) of the Controlled Goods Regulations;*
	*(b) section 2 of the Grosse Isle, P.Q., Prohibited Place Order;*
	*(c) section 3 of the Exempt Personal Information Bank Order, No. 13 (RCMP); and*
	*(d) section 3 of the Exempt Personal Information Bank Order, No. 14 (CSIS).*
	*40. Section 3 of the Exempt Personal Information Bank Order, No. 25 (RCMP)* is replaced by the following:**
	3. For the purposes of paragraph 18(3)(b) of the Privacy Act, the laws concerned, in relation to those files that are contained in the exempt bank referred to in section 2 that consist predominantly of personal information described in subparagraph 22(1)(a)(ii) of that Act, are the Criminal Code, the Security of Information Act, the Security Offences Act, the Royal Canadian Mounted Police Act and the Canadian Security Intelligence Service Act.
	*41. Section 24 of the Military Rules of Evidence* and the heading before it are replaced by the following:**
	Offences under Security of Information Act
	24. When a person is charged under section 130 of the National Defence Act with having committed an offence under section 6 of the Security of Information Act, the prosecutor may adduce evidence of that person's character.
	*42. Paragraph 22(2)(d) of the Statutory Instruments Regulations* is repealed.**
	PART 3
R.S., c. C-5	CANADA EVIDENCE ACT
	*43. The heading before section 37 and sections 37 and 38 of the Canada Evidence Act* are replaced by the following:**
	Interpretation
Definition of ``official''	36.1 In sections 37 to 38.16, ``official'' has the same meaning as in section 118 of the Criminal Code.
	Specified Public Interest
Objection to disclosure of information	37. (1) Subject to sections 38 to 38.16, a Minister of the Crown in right of Canada or other official may object to the disclosure of information before a court, person or body with jurisdiction to compel the production of information by certifying orally or in writing to the court, person or body that the information should not be disclosed on the grounds of a specified public interest.
Obligation of court, person or body	(1.1) If an objection is made under subsection (1), the court, person or body shall ensure that the information is not disclosed other than in accordance with this Act.
Objection made to superior court	(2) If an objection to the disclosure of information is made before a superior court, that court may determine the objection.
Objection not made to superior court	(3) If an objection to the disclosure of information is made before a court, person or body other than a superior court, the objection may be determined, on application, by
	(a) the Federal Court-Trial Division, in the case of a person or body vested with power to compel production by or under an Act of Parliament if the person or body is not a court established under a law of a province; or
	(b) the trial division or trial court of the superior court of the province within which the court, person or body exercises its jurisdiction, in any other case.
Limitation period	(4) An application under subsection (3) shall be made within 10 days after the objection is made or within any further or lesser time that the court having jurisdiction to hear the application considers appropriate in the circumstances.
Disclosure order	(4.1) Unless the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, the court may authorize by order the disclosure of the information.
Disclosure order	(5) If the court having jurisdiction to hear the application concludes that the disclosure of the information to which the objection was made under subsection (1) would encroach upon a specified public interest, but that the public interest in disclosure outweighs in importance the specified public interest, the court may, by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any encroachment upon the specified public interest resulting from disclosure, authorize the disclosure, subject to any conditions that the court considers appropriate, of all of the information, a part or summary of the information, or a written admission of facts relating to the information.
Prohibition order	(6) If the court does not authorize disclosure under subsection (4.1) or (5), the court shall, by order, prohibit disclosure of the information.
Evidence	(6.1) The court may receive into evidence anything that, in the opinion of the court, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base its decision on that evidence.
When determina- tion takes effect	(7) An order of the court that authorizes disclosure does not take effect until the time provided or granted to appeal the order, or a judgment of an appeal court that confirms the order, has expired, or no further appeal from a judgment that confirms the order is available.
Introduction into evidence	(8) A person who wishes to introduce into evidence material the disclosure of which is authorized under subsection (5), but who may not be able to do so by reason of the rules of admissibility that apply before the court, person or body with jurisdiction to compel the production of information, may request from the court having jurisdiction under subsection (2) or (3) an order permitting the introduction into evidence of the material in a form or subject to any conditions fixed by that court, as long as that form and those conditions comply with the order made under subsection (5).
Relevant factors	(9) For the purpose of subsection (8), the court having jurisdiction under subsection (2) or (3) shall consider all the factors that would be relevant for a determination of admissibility before the court, person or body.