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An Act to amend the Criminal Code and other Acts (S.C. 2004, c. 12)

Assented to 2004-04-22

R.S., c. C-5CANADA EVIDENCE ACT

R.S., c. F-11FINANCIAL ADMINISTRATION ACT

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

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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. 25SECURITY OF INFORMATION ACT

Marginal note: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

Marginal note:Interpretation 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.

Marginal note:Interpretation 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

Marginal note: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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