This enactment amends the Department of Foreign Affairs, Trade and Development Act to impose certain requirements on the Minister of Foreign Affairs in relation to international human rights. It also amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to require the Minister of Foreign Affairs to respond to a report submitted by a parliamentary committee that recommends that sanctions be imposed under that Act against a foreign national.

In addition, this enactment amends the Broadcasting Act to prohibit the issue or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being significantly influenced by a foreign national or entity that has committed acts or omissions that the Senate or the House of Commons has recognized as genocide or that is subject to sanctions under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or under the Special Economic Measures Act.‍

Finally, it amends the Prohibiting Cluster Munitions Act to prohibit a person from investing in an entity that has contravened certain provisions of the Act.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Human rights

(4) In exercising his or her powers, duties and functions under this Act in respect of the conduct of the external affairs of Canada, the Minister is to publish, at least once in every calendar year, a report that includes

• (a) an outline of the measures that the Government of Canada has taken to advance human rights internationally as part of Canada’s foreign policy;

• (b) a list that sets out the following information relating to prisoners of conscience for whose release the Government of Canada is actively working:

  • (i) the number of prisoners of conscience detained by each government or detaining authority,

  • (ii) the names of the prisoners of conscience,

  • (iii) the circumstances of the detentions,

  • (iv) the efforts that the Government of Canada has made to visit those prisoners and to attend their trials or hearings, including the number of requests made for such visits and the responses of the detaining governments or authorities, and

  • (v) other actions taken by the Government of Canada to support prisoners of conscience including those detained or experiencing treatment in contravention to human rights standards; and

• (c) a description of the Government of Canada’s communications with the families of prisoners of conscience and its consultations with civil society on matters of human rights.

Information not to be included

(5) In preparing the list referred to in paragraph (4)‍(b), the Minister must make all reasonable efforts to consult with family members or representatives of the prisoners of conscience and may decide not to include certain information in the list if a person consulted by the Minister requests that the information not be included, or the Minister is satisfied that not including it would be in the best interests of the advancement of human rights or the personal safety of the prisoner.

Definition of prisoner of conscience

(6) In this section, prisoner of conscience means an individual who, in contravention of international human rights standards, has been detained or otherwise physically restricted solely because of their identity or their conscientiously held beliefs, including religious or political beliefs.

Response to recommendation of committee

5.‍1 (1) If a motion adopted by a committee of the Senate, of the House of Commons or of both Houses of Parliament recommends that an order or regulation be considered or made under section 4 in relation to a foreign national, the Minister must prepare a response advising the committee whether or not the order or regulation has been made and setting out the reasons for the decision.

Tabling of response

(2) The response must be tabled in the Senate or the House of Commons or in both Houses of Parliament, as the case may be, within the timeline specified in the rules of the Senate or the Standing Orders of the House of Commons for responses to committee reports and must be posted in a prominent location on the website of the Department of Foreign Affairs, Trade and Development on the day after it is tabled.

Prorogation or dissolution

(3) If Parliament is prorogued before the response is tabled, the Minister must post the response in a prominent location on the website of the Department of Foreign Affairs, Trade and Development within the time limit referred to in subsection (2) regarding the tabling of the response. If Parliament is prorogued or dissolved before the response is tabled, the response must be tabled as soon as feasible after the commencement of the next session of Parliament.

Restriction — broadcasting undertakings subject to influence

(1.‍1) No licence shall be issued or renewed under this Part in relation to a broadcasting undertaking, including one that distributes foreign programming that is — despite any measure that the Commission could take under this Part — vulnerable to being significantly influenced by a foreign national or entity

• (a) that has committed acts or omissions that the Senate or the House of Commons has recognized as genocide; or

• (b) that is the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or section 4 of the Special Economic Measures Act.

Purpose

4 The purpose of this Act is to implement Canada’s commitments under the Convention, particularly its obligations under Article 5 (Victim assistance) and Article 6 (International cooperation and assistance) of the Convention, prohibit the provision of financial assistance and to restrict investments in relation to cluster munitions, explosive submunitions and explosive bomblets.

• (d.‍1) directly or indirectly, individually or as a shareholder or partner or otherwise, acquire or have any pecuniary interest in — or make or guarantee a loan to — a person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d);

• (e) attempt to commit any act referred to in paragraphs (a) to (d.‍1);

• (f) aid, abet or counsel another person to commit any act referred to in paragraphs (a) to (d.‍1);

• (g) conspire with another person to commit any act referred to in paragraphs (a) to (d.‍1); or

• (h) receive, comfort or assist another person, knowing that the person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs (a) to (d.‍1), for the purpose of enabling the person to escape.

• (a) aiding, abetting or counselling another person to commit any act referred to in paragraphs 6(a) to (d.‍1), if it would not be an offence for that other person to commit that act;

• (b) conspiring with another person to commit any act referred to in paragraphs 6(a) to (d.‍1), if it would not be an offence for that other person to commit that act; or

• (c) receiving, comforting or assisting another person, knowing that that other person has committed, or has aided or abetted in the commission of, any act referred to in paragraphs 6(a) to (d.‍1), for the purpose of enabling that other person to escape, if it was not an offence for that other person to commit that act.