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Bill C-42

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First Reading

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Definition of ``organize''	(2) For the purpose of subsection (1), ``organize'', with respect to persons, includes their recruitment or transportation and, after their entry into Canada, the receipt or harbouring of those persons.
Penalties	(3) A person who contravenes this section is liable on conviction on indictment to a fine of not more than one million dollars or to life imprisonment, or to both.
Disembarking persons at sea	94.3 (1) Every person who, from a vehicle used for transportation by sea, disembarks or allows the disembarkation of, or attempts to disembark or allow the disembarkation of, a person or group of persons at sea for the purpose of inducing, aiding or abetting them to come into Canada in contravention of this Act or the regulations is guilty of an offence.
Penalties	(2) A person who contravenes subsection (1) is liable on conviction on indictment to a fine of not more than one million dollars or to life imprisonment, or to both.
Aggravating factors	94.4 (1) The court, in determining the penalty to be imposed under subsection 94.1(2) or (3), 94.2(3) or 94.3(2), shall take into account whether
	(a) bodily harm or death occurred during the commission of the offence;
	(b) the commission of the offence was for the benefit of, at the direction of or in association with a criminal organization;
	(c) the commission of the offence was for profit, whether or not any profit was realized; and
	(d) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation, as a result of the commission of the offence.
Definition of ``criminal organization''	(2) For the purposes of paragraph (1)(b), ``criminal organization'' means an organization that is believed on reasonable grounds to be, or to have been, engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in the furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment or in the furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence.
1992, c. 49, s. 89	71. Subsections 102.01(1) and (2) of the Act are replaced by the following:
Seizure of vehicle	102.01 (1) An immigration officer or a peace officer may, if the officer believes on reasonable grounds that a vehicle was used in any manner in connection with the commission of an offence under section 94.1, 94.2 or 94.3 , seize the vehicle as forfeit.
Seizure of evidence	(2) An immigration officer or a peace officer may, if the officer believes on reasonable grounds that an offence has been committed under section 94.1, 94.2 or 94.3 , seize any thing that the officer believes on reasonable grounds will afford evidence in respect of the contravention.
R.S., c. 29 (4th Supp.), s. 11; 1992, c. 49, s. 90(1)	72. (1) Subsection 102.02(1) of the Act is replaced by the following:
Information for search warrant	102.02 (1) A justice of the peace who is satisfied by information on oath in the form set out as Form 1 in Part XXVIII of the Criminal Code, modified according to the circumstances, that there are reasonable grounds to believe that there will be found in a building, receptacle or place
	(a) any vehicle that was used in any manner in connection with an offence under section 94.1, 94.2 or 94.3 , or
	(b) any thing that there are reasonable grounds to believe will afford evidence in respect of the commission of an offence under section 94.1, 94.2, 94.3 or 94.6,
	may at any time issue a warrant authorizing an immigration officer or peace officer to search the building, receptacle or place for any such vehicle or thing and to seize the vehicle or thing.
R.S., c. 29 (4th Supp.), s. 11; 1992, c. 49, s. 90(2)	(2) Subsection 102.02(3) of the Act is replaced by the following:
Seizure of things not specified	(3) An immigration officer or a peace officer who executes a warrant issued under subsection (1) may seize, in addition to any vehicle or thing mentioned in the warrant,
	(a) any vehicle that the officer believes on reasonable grounds was used in any manner in connection with the commission of an offence under section 94.1, 94.2 or 94.3 ; or
	(b) any thing that the officer believes on reasonable grounds will afford evidence in respect of the commission of an offence under section 94.1, 94.2, 94.3 or 94.6.
1992, c. 49, s. 91	73. Section 102.09 of the Act is replaced by the following:
Forfeitures accrue automatically from time of contravention	102.09 Subject to the reviews and appeals established by this Act, any vehicle seized as forfeit under section 102.01 is forfeit from the time of the commission of an offence under section 94.1, 94.2 or 94.3 in respect of which the vehicle was seized, and no act or proceeding subsequent to the commission of the offence is necessary to effect the forfeiture of the vehicle.
1992, c. 49, s. 92	74. Subsection 102.14(1) of the Act is replaced by the following:
Decision of the Minister	102.14 (1) After the expiration of the thirty days referred to in subsection 102.13(2), the Minister shall, as soon as is reasonably possible, decide, in respect of the vehicle that was seized, whether the vehicle was used in connection with the commission of an offence under section 94.1, 94.2 or 94.3 .
1992, c. 49, s. 93(E)	75. Section 102.15 of the English version of the Act is replaced by the following:
Where there is no offence committed	102.15 Subject to this or any other Act of Parliament, if the Minister decides under section 102.14 that there has been no offence committed under section 94.1, 94.2 or 94.3 in respect of a vehicle or that the vehicle was not used in the manner described in any of those sections , the Minister shall forthwith authorize the removal from custody of the vehicle or the return of any money or security taken in respect of the vehicle .
R.S., c. 29 (4th Supp.), s. 12(1); 1992, c. 49, s. 95(1)	76. (1) Subsection 103.1(1) of the Act is replaced by the following:
Detention	103.1 (1) If , with respect to a person seeking to come into Canada, in the opinion of the Deputy Minister or a person designated by the Deputy Minister, there is reason to suspect that the person may be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j), (k) or (l), an immigration officer shall detain the person and forthwith report the detention to a senior immigration officer who may continue or order the continuation of the detention for a period not exceeding seven days from the time the person was first detained under this Act.
Arrest and detention without warrant	(1.1) Every immigration officer may, without the issue of a warrant, an order or a direction for arrest or detention, arrest and detain or arrest and make an order to detain any person, other than a Canadian citizen, a permanent resident or a person who is determined under this Act or the regulations to be a Convention refugee, if the person is unable to satisfy the immigration officer with respect to their identity in the course of any procedure under this Act.
R.S., c. 29 (4th Supp.), s. 12(1); 1992, c. 49, s. 95(2)	(2) Subsection 103.1(2) of the English version of the Act is replaced by the following:
Additional period of detention	(2) If , with respect to a person detained under subsection (1) or (1.1) , the Minister certifies in writing
	(a) that
	(i) the Minister has reason to suspect that the person may be a member of an inadmissible class described in paragraph 19(1)(e), (f), (g), (j), (k) or (l), or
	(ii) the person's identity has not been established, and
	(b) that an additional period of detention is required to investigate the matter referred to in subparagraph (a)(i) or (ii),
	the person shall be brought before an adjudi cator forthwith and at least once during every subsequent seven day period, at which times the adjudicator shall review the reasons for the person's continued detention.
R.S., c. 29 (4th Supp.), s. 12(1)	(3) Subsection 103.1(4) of the Act is replaced by the following:
Review every seven days	(4) If a person is detained under subsection (1) or (1.1) and the Minister has not issued a certificate under subsection (2), the person shall be brought before an adjudicator forthwith after the expiration of the period during which the person is being detained and that person shall be brought before an adjudicator at least once during every subsequent seven day period, at which times the reasons for continued detention shall be reviewed.
1992, c. 49, s. 96	77. Section 106 of the Act is replaced by the following:
Authority to execute warrants and orders	106. Any warrant issued or order made under paragraph 12(3)(b), subsection 20(1), paragraph 23(3)(a), subsection 40.1(2), 90(2), 103(1), (2), (3) or (8) or 103.1(1) or (1.1) or section 105 is, despite any other law, sufficient authority to the person to whom it is addressed or who may receive and execute it to arrest and detain the person with respect to whom the warrant or order was issued or made.
1992, c. 49, s. 99(1)	78. (1) Paragraph 110(2)(a.1) of the English version of the Act is replaced by the following:
	(a.1) search persons seeking to come into Canada who the immigration officer believes on reasonable grounds have not revealed their identity or have hidden on or about their person documents that are relevant to their admissibility and may search any vehicle that conveyed the persons to Canada and their luggage and personal effects;
1992, c. 49, s. 99(1)	(2) Paragraph 110(2)(a.2) of the Act is replaced by the following:
	(a.2) search persons seeking to come into Canada who the immigration officer believes on reasonable grounds have committed, or are in possession of documents that may be used in the commission of, an offence under section 94.1, 94.2 or 94.3, and may search any vehicle that conveyed the persons to Canada and their luggage and personal effects;
	79. Paragraph 114(1)(q.1) of the Act is amended by striking out the word ``and'' at the end of subparagraph (ii), by adding the word ``and'' at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
	(iv) providing for any matter relating to the purposes of section 88.1, including provisions respecting the requirements and procedures applicable to a transportation company under that section;
	PART 10
R.S., c. N-5	NATIONAL DEFENCE ACT
	*80. (1) The definitions ``emergency'' and ``Minister'' in subsection 2(1) of the National Defence Act* are replaced by the following:**
``emergency'' « état d'urgence »	``emergency'' means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended;
``Minister'' « ministre »	``Minister'', except in Part VII , means the Minister of National Defence;
	(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``military security zone'' « zone de sécurité militaire »	``military security zone'' means a military security zone designated under section 260.1;
	81. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following :
Special force	16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party , the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of
R.S., c. 31 (1st Supp.), s. 60 (Sch. I, item 14)	82. Subsection 31(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by replacing paragraph (b) with the following:
	(b) in consequence of any action undertaken by Canada under the United Nations Charter; or
	(c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.
	83. The Act is amended by adding the following after section 165.27:
	Reserve Military Judges Panel
Panel established	165.28 There is established a panel, called the Reserve Military Judges Panel (in this section and sections 165.29 to 165.32 referred to as the ``Panel''), to which the Governor in Council may name officers of the reserve force who have previously performed
	(a) the duties of a military judge under this Act; or
	(b) before September 1, 1999, the duties of a president of a Standing Court Martial, a presiding judge of a Special General Court Martial or a judge advocate of a General Court Martial or Disciplinary Court Martial.
Removal from Panel	165.29 (1) The Governor in Council may remove from the Panel for cause the name of any officer on the recommendation of an Inquiry Committee referred to in section 165.21.
Automatic removal from Panel	(2) The name of an officer shall be removed from the Panel on the officer's
	(a) reaching the retirement age prescribed by regulations made by the Governor in Council; or
	(b) ceasing to be an officer of the reserve force.
Voluntary removal from Panel	(3) An officer may give notice in writing to the Chief Military Judge that the officer wishes their name to be removed from the Panel. The removal takes effect either on the day the notice is received by the Chief Military Judge or on a later day if one is specified in the notice.
Restriction on activities	165.3 An officer named to the Panel shall not engage in any business or professional activity that is incompatible with the duties that he or she may be required to perform under this Act.
Chief Military Judge	165.31 (1) The Chief Military Judge may select any officer named to the Panel to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge.
Effect of selection	(2) An officer who is performing duties pursuant to subsection (1) has, while performing those duties, all the powers and duties of a military judge.
Training	(3) The Chief Military Judge may request any officer named to the Panel to undergo any training that may be specified by the Chief Military Judge.
Remuneration	165.32 An officer named to the Panel who is performing duties or undergoing training under section 165.31 shall be paid remuneration at the daily rate of 1/251 of the annual rate of pay of a military judge other than the Chief Military Judge.
	84. The Act is amended by adding the following after section 260:

Bill C-42

PART 10

NATIONAL DEFENCE ACT