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Bill C-32

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FORM 46

(Section 732.1)

PROBATION ORDER

Canada,
Province of ................,
(territorial division).

Whereas on the ................ day of ................ at ................, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be);

And whereas on the ................ day of ................ the court adjudged*

    *Use whichever of the following forms of disposition is applicable:

    (a) that the offender be discharged on the following conditions:

    (b) that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions:

    (c) that the offender forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions:

    (d) that the offender be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said offender comply with the following conditions:

    (e) that following the expiration of the offender's conditional sentence order related to this or another offence, that the said offender comply with the following conditions:

    (f) that following the expiration of the offender's sentence of imprisonment related to another offence, that the said offender comply with the following conditions:

    (g) when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement:

Now therefore the said offender shall, for the period of ................ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender's sentence of imprisonment or conditional sentence order) comply with the following conditions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition,

(here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code).

Dated this ................ day of ................ A.D. ........, at ................ .

........................................
Clerk of the Court, Justice
or Provincial Court Judge

R.S., c. C-5

CANADA EVIDENCE ACT

2001, c. 41, s. 43

18. Section 37.21 of the Canada Evidence Act is repealed.

2001, c. 41, s. 43

19. Subsections 38.131(8) to (10) of the English version of the Act are replaced by the following:

Varying the certificate

(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly.

Cancelling the certificate

(9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate.

Confirming the certificate

(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate.

R.S., c. F-11

FINANCIAL ADMINISTRATION ACT

20. The Financial Administration Act is amended by adding the following after section 160:

Management or protection of computer systems

161. (1) The appropriate Minister, any public servant employed in a department, any employee of a Crown corporation or any person acting on behalf of a department or Crown corporation who performs duties relating to the management or protection of computer systems of the department or the Crown corporation may take reasonable measures for such purposes, including the interception of private communications in circumstances specified in paragraph 184(2)(e) of the Criminal Code.

Privacy protection

(2) Subject to subsection (3), with respect to an interception referred to in subsection (1), the appropriate Minister shall take reasonable measures to ensure that only data that is essential to identify, isolate or prevent harm to the computer system will be used or retained.

Limitation

(3) Nothing in this section affects any other lawful authority to intercept, use, retain, access or disclose a private communication.

Definition of ``computer system''

(4) For the purposes this section, ``computer system'' means a device that, or a group of interconnected or related devices one or more of which,

    (a) contains computer programs or other data; and

    (b) pursuant to computer programs,

      (i) performs logic and control, and

      (ii) may perform any other function.

R.S. c. O-5; 2001, c. 41, s. 25

SECURITY OF INFORMATION ACT

2001, c. 41, s. 29

21. Paragraph (a) of the definition ``special operational information'' in subsection 8(1) of the English version of the Security of Information Act is replaced by the following:

      (a) the identity of a person, agency, group, body or entity that was 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;

INTERPRETATION

Interpreta-
tion of 2001, c. 32, ss. 82(1), (2) and (4)

22. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (``the Act''), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001:

    (a) the reference in subsection 82(1) of the Act to ``Bill C-15'' refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title;

    (b) the reference in subsection 82(2) of the Act to ``section 25 of the other Act'' refers to section 16 of Bill C-15A; and

    (c) the reference in subsection 82(4) of the Act to ``section 62 of the other Act'' refers to section 52 of Bill C-15A.

Interpreta-
tion of 2001, c. 32, ss. 82(1) and (3)

23. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (``the Act''), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act:

    (a) the reference in subsection 82(1) of the Act to ``Bill C-15'' refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and

    (b) the reference in subsection 82(3) of the Act to ``section 32 of the other Act'' refers to section 8 of Bill C-10A.

COMING INTO FORCE

Coming into force

24. Section 17 comes into force on a day to be fixed by order of the Governor in Council.

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