An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (S.C. 2001, c. 32)
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Assented to 2001-12-18
CONSEQUENTIAL AMENDMENTS
R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act
66. (1) Subsection 18(2) of the Act is amended by striking out the word “and” at the end of paragraph (b), by adding the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) order a person named in it to answer any question and to produce any record or thing to the person designated under paragraph (c) in accordance with the laws of evidence and procedure in the state or entity that presented the request.
(2) Subsection 18(3) of the Act is replaced by the following:
Marginal note:Designation of judge
(3) For greater certainty, under paragraph (2)(c), a judge who makes an order under subsection (1) may designate himself or herself — either alone or with another person, including another judge — or may designate another person, including another judge.
Marginal note:2000, c. 24, s. 63(2)
(3) Subsection 18(7) of the Act is replaced by the following:
Marginal note:Refusal to comply
(7) A person named in an order made under subsection (1) may refuse to answer any question or to produce a record or thing to the person designated under paragraph (2)(c) if
(a) answering the question or producing the record or thing would disclose information that is protected by the Canadian law of non-disclosure of information or privilege;
(b) requiring the person to answer the question or to produce the record or thing would constitute a breach of a privilege recognized by a law in force in the state or entity that presented the request; or
(c) answering the question or producing the record or thing would constitute the commission by the person of an offence against a law in force in the state or entity that presented the request.
R.S., c. N-5National Defence Act
Marginal note:1998, c. 35, s. 1(4)
67. (1) The definitions “acte de gangstérisme” and “gang” in subsection 2(1) of the French version of the National Defence Act are repealed.
Marginal note:1998, c. 35, s. 1(4)
(2) The definitions “criminal organization” and “criminal organization offence” in subsection 2(1) of the English version of the Act are replaced by the following:
“criminal organization”
« organisation criminelle »
“criminal organization” has the same meaning as in subsection 467.1(1) of the Criminal Code;
“criminal organization offence”
« infraction d’organisation criminelle »
“criminal organization offence” means
(a) an offence under section 467.11, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or
(b) 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);
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“serious offence”
« infraction grave »
“serious offence” means an offence under this Act or an indictable offence under any other Act of Parliament, for which the maximum punishment is imprisonment for five years or more, or an offence that is prescribed by regulation under subsection 467.1(4) of the Criminal Code;
(4) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
« infraction d’organisation criminelle »
“criminal organization offence”
« infraction d’organisation criminelle »
a) infraction d’organisation criminelleSoit une infraction prévue aux articles 467.11, 467.12 ou 467.13 du Code criminel ou une infraction grave commise au profit ou sous la direction d’une organisation criminelle, ou en association avec elle;
b) soit le complot ou la tentative en vue de commettre une telle infraction ou le fait d’en être complice après le fait ou d’en conseiller la perpétration.
« organisation criminelle »
“criminal organization”
organisation criminelle S’entend au sens du paragraphe 467.1(1) du Code criminel.
Marginal note:1998, c. 35, s. 36
68. Subsection 140.4(3) of the French version of the Act is replaced by the following:
Marginal note:Exception dans le cas d’une organisation criminelle
(3) Par dérogation au paragraphe 120(1) de la Loi sur le système correctionnel et la mise en liberté sous condition, la cour martiale peut ordonner que la personne condamnée sur déclaration de culpabilité sous le régime de la présente loi pour une infraction d’organisation criminelle à une peine d’emprisonnement minimale de deux ans — y compris une peine d’emprisonnement à perpétuité à condition que cette peine n’ait pas constitué un minimum en l’occurrence — purge, avant d’être admissible à la libération conditionnelle totale, la moitié de sa peine jusqu’à concurrence de dix ans.
1991, c. 26Proceeds of Crime (money laundering) Act
Marginal note:1996, c. 19, s. 84
69. Section 2 of the Proceeds of Crime (money laundering) Act is replaced by the following:
Marginal note:Object of Act
2. The object of this Act is to establish record-keeping requirements in the financial field in order to facilitate the investigation and prosecution of offences under subsection 462.31(1) of the Criminal Code.
2000, c. 17Proceeds of Crime (Money Laundering) Act
Marginal note:2000, c. 24, s. 76.1(1)
70. The definition “money laundering offence” in section 2 of the Proceeds of Crime (Money Laundering) Act is replaced by the following:
“money laundering offence”
« infraction de recyclage des produits de la criminalité »
“money laundering offence” means an offence under subsection 462.31(1) of the Criminal Code.
71. Subsection 18(2) of the Act is replaced by the following:
Marginal note:Return of seized currency or monetary instruments
(2) The officer shall, on payment of a penalty in the prescribed amount, return the seized currency or monetary instruments to the person from whom they were seized or to the lawful owner unless the officer has reasonable grounds to suspect that the currency or monetary instruments are proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code.
72. The definition “judge” in subsection 60(17) of the Act is replaced by the following:
“judge”
« juge »
“judge” means a provincial court judge as defined in section 2 of the Criminal Code or a judge as defined in subsection 462.3(1) of that Act.
1993, c. 37Seized Property Management Act
Marginal note:
73. (1) The definition “enterprise crime offence” in section 2 of the Seized Property Management Act is repealed.
Marginal note:1996, c. 19, s. 85
(2) The definition “designated substance offence” in section 2 of the English version of the Act is repealed.
Marginal note:1996, c. 19, s. 85
(3) The definitions “proceeds of crime”, “restrained property” and “seized property” in section 2 of the Act are replaced by the following:
“proceeds of crime”
« produits de la criminalité »
“proceeds of crime” has the same meaning as in subsection 462.3(1) of the Criminal Code;
“restrained property”
« biens bloqués »
“restrained property” means any property that is the subject of a restraint order made under section 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;
“seized property”
« biens saisis »
“seized property” means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated offence;
Marginal note:1996, c. 19, s. 85
(4) The definition “infraction désignée” in section 2 of the French version of the Act is replaced by the following:
« infraction désignée »
“designated offence”
infraction désignée S’entend au sens du paragraphe 462.3(1) du Code criminel.
(5) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“designated offence”
« infraction désignée »
“designated offence” has the same meaning as in subsection 462.3(1) of the Criminal Code;
Marginal note:1996, c. 19, s. 86
74. (1) The portion of section 3 of the Act before subparagraph (b)(ii) is replaced by the following:
Marginal note:Purposes of Act
3. The purposes of this Act are
(a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated offences, or property that is or may be proceeds of crime or offence-related property;
(b) to authorize the Minister to manage certain property
(i) seized in connection with designated offences,
(2) Subparagraph 3(b)(iii) of the Act is replaced by the following:
(iii) restrained pursuant to a restraint order made under section 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act;
Marginal note:1997, c. 18, s. 135(F)
75. Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:
(a) seized under a warrant issued under section 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;
(b) subject to a restraint order made under section 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;
76. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Transfer of property
5. (1) Every person who has control of any property that is subject to a management order issued under subsection 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.
77. Subsection 7(2) of the Act is replaced by the following:
Marginal note:Power to manage
(2) The power of the Minister in respect of any seized property that is the subject of a management order includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
Marginal note:Application for destruction order
(2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Marginal note:Notice
(2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(2.3) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
Marginal note:Order
(2.4) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
Marginal note:1996, c. 19, s. 89(1)
78. Paragraph 9(a) of the Act is replaced by the following:
(a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property;
Marginal note:1996, c. 19, s. 91
79. Paragraph 11(a) of the Act is replaced by the following:
(a) the proceeds of disposition of
(i) property forfeited to Her Majesty pursuant to subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act, or
(ii) property that is or was the subject of a management order and that was forfeited pursuant to subsection 490(9) of the Criminal Code
and the proceeds arising from the disposition of property by that foreign state, and
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