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Bill C-36

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R.S., c. F-7

Federal Court Act

1992, c. 49, s. 127(1)

95. (1) Paragraph 5(1)(c) of the Federal Court Act is replaced by the following:

    (c) not more than 44 other judges, 12 of whom shall be appointed to the Court of Appeal and shall be ex officio members of the Trial Division, and the remainder of whom shall be appointed to the Trial Division and shall be ex officio members of the Court of Appeal.

1992, c. 49, s. 127(2)

(2) Subsection 5(6) of the Act is replaced by the following:

Judges for the Province of Quebec

(6) At least 15 of the judges shall be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.

1995, c. 39

Firearms Act

96. Section 97 of the Firearms Act is replaced by the following:

Exemptions - Governor in Council

97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.

Exemptions - federal Minister

(2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.

Exemptions - provincial minister

(3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.

Public safety

(4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.

Conditions

(5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.

R.S., c. N-5

National Defence Act

97. Subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:

``terrorism offence''
« infraction de terrorisme »

``terrorism offence'' means

      (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code,

      (b) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group,

      (c) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or

      (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);

``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;

98. Section 140.4 of the Act is amended by adding the following after subsection (3):

Power of court martial to delay parole

(3.1) 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 under this Act for a terrorism offence, the court martial 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 martial 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.

99. The Act is amended by adding the following after section 149.1 as enacted by section 13 of chapter 43 of the Statutes of Canada, 1991:

Punishment for Certain Offences

Punishment for certain offences

149.2 (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

Offender must be notified

(2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity.

100. The definition ``designated offence'' in section 153 of the Act is amended by striking out the word ``or'' at the end of paragraph (c), by adding the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (d):

      (e) an offence under this Act that is a terrorism offence.

101. Subsection 180(2) of the Act is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

(c) to prevent injury to international relations.

102. The Act is amended by adding the following after section 273.6:

PART V.1

COMMUNICATIONS SECURITY ESTABLISHMENT

Definitions

273.61 The following definitions apply in this Part.

``Canadian''
« Canadien »

``Canadian'' means

      (a) a Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration Act; or

      (b) a corporation incorporated under an Act of Parliament or of the legislature of a province.

``entity''
« entité »

``entity'' means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state.

``foreign intelligence''
« renseigneme nts étrangers »

``foreign intelligence'' means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.

``global information infrastructure' '
« infrastructur e mondiale d'information »

``global information infrastructure'' includes electromagnetic emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, systems or networks.

``Minister''
« ministre »

``Minister'' means the Minister of National Defence or such other member of the Queen's Privy Council as may be designated by the Governor in Council to be responsible for the Communications Security Establishment.

``private communicatio n''
« communicat ion privée »

``private communication'' has the same meaning as in section 183 of the Criminal Code.

Communicati ons Security Establishment continued

273.62 (1) The part of the public service of Canada known as the Communications Security Establishment is hereby continued.

Chief

(2) The Chief of the Communications Security Establishment, under the direction of the Minister or any person designated by the Minister, has the management and control of the Establishment and all matters relating to it.

Directions by Minister

(3) The Minister may issue written directions to the Chief respecting the carrying out of the Chief's duties and functions.

Directions not statutory instruments

(4) Directions issued under subsection (3) are not statutory instruments within the meaning of the Statutory Instruments Act.

Appointment of Commissioner

273.63 (1) The Governor in Council may appoint a supernumerary judge or a retired judge of a superior court as Commissioner of the Communications Security Establishment to hold office, during good behaviour, for a term of not more than five years.

Duties

(2) The duties of the Commissioner are

    (a) to review the activities of the Establishment to ensure that they are in compliance with the law;

    (b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and

    (c) to inform the Minister and the Attorney General of Canada of any activity of the Establishment that the Commissioner believes may not be in compliance with the law.

Annual report

(3) The Commissioner shall, within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commissioner's activities and findings, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Powers of investigation

(4) In carrying out his or her duties, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

Employment of legal counsel, advisers, etc.

(5) The Commissioner may engage the services of such legal counsel, technical advisers and assistants as the Commissioner considers necessary for the proper performance of his or her duties and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Directions

(6) The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Part or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

Transitional

(7) The Commissioner of the Communications Security Establishment holding office immediately before the coming into force of this section shall continue in office for the remainder of the term for which he or she was appointed.

Mandate

273.64 (1) The mandate of the Communications Security Establishment is

    (a) to acquire and use information from the global information infrastructure for the purpose of providing foreign intelligence, in accordance with Government of Canada intelligence priorities;

    (b) to provide advice, guidance and services to help ensure the protection of electronic information and of information infrastructures of importance to the Government of Canada; and

    (c) to provide technical and operational assistance to federal law enforcement and security agencies in the performance of their lawful duties.

Protection of Canadians

(2) Activities carried out under paragraphs (1)(a) and (b)

    (a) shall not be directed at Canadians or any person in Canada; and

    (b) shall be subject to measures to protect the privacy of Canadians in the use and retention of intercepted information.

Limitations imposed by law

(3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies in the performance of their duties.

Ministerial authorization

273.65 (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

Conditions for authorization

(2) The Minister may only issue an authorization under subsection (1) if satisfied that

    (a) the interception will be directed at foreign entities located outside Canada;

    (b) the information to be obtained could not reasonably be obtained by other means;

    (c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

    (d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

Ministerial authorization

(3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

Conditions for authorization

(4) The Minister may only issue an authorization under subsection (3) if satisfied that

    (a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

    (b) the information to be obtained could not reasonably be obtained by other means;

    (c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

    (d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

    (e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

Ministerial conditions

(5) An authorization made under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information derived from the private communications.

Canadian Forces

(6) The Minister of National Defence may issue directions for the Canadian Forces to support the Establishment in carrying out activities authorized under this section.

Directions not statutory instruments

(7) Authorizations issued under subsections (1) and (3) and directions issued under subsection (6) are not statutory instruments within the meaning of the Statutory Instruments Act.

Review of authorizations

(8) The Commissioner of the Communications Security Establishment shall review activities carried out under an authorization issued under this section to ensure that they are authorized and report annually to the Minister on the review.

Meaning of ``Government of Canada''

(9) In this section, ``Government of Canada'' means a federal institution, as defined in subsection 3(1) of the Official Languages Act.

Limits on activities

273.66 The Communications Security Establishment may only undertake activities that are within its mandate, consistent with ministerial direction and, if an authorization is required under section 273.65, consistent with the authorization.

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