Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)

Marginal note:Sharing of information

7.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other:

• (a) the Minister of Foreign Affairs;

• (b) the Minister of Finance;

• (c) the Minister of Public Works and Government Services;

• (d) the Minister of Public Safety and Emergency Preparedness;

• (e) the Director of the Canadian Security Intelligence Service;

• (f) the Chief of the Communications Security Establishment;

• (g) the President of the Canada Border Services Agency; and

• (h) the Superintendent of Financial Institutions.

Marginal note:RCMP

• 7.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 4.2 and, for that purpose, may collect information from and disclose information to the persons referred to in section 7.1.

• Marginal note:For greater certainty

  (2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law.

Marginal note:Provision of information

• 7.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

• Marginal note:Duty to comply

  (2) Every person who is required to provide information under subsection (1) must comply with the requirement within the time and in the form and manner specified by that Minister.

Marginal note:Application

• 8 (1) A foreign national who is the subject of an order or regulation made under paragraph 4(1)(a) may apply in writing to the Minister to cease being the subject of the order or regulation.

• Marginal note:Property

  (1.1) A foreign national whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time in writing to the Minister to request that the property cease being the subject of the order made under that paragraph.

• Marginal note:Reasonable grounds

  (2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the order or regulation be amended or repealed, as the case may be, so that the applicant or their property ceases to be the subject of it.

Marginal note:Ranking

13 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless

• (a) the person is a foreign national described in any of paragraphs 4(2)(a) to (d); or

• (b) the property is forfeited to Her Majesty in right of Canada under section 4.2.

Marginal note:Costs

13.1 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 4.2 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.

Marginal note:Agreements

13.2 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with a person respecting the use by the person, for the compensation of victims of the circumstances described in subsection 4(2), of amounts that may be paid out under section 4.4.

• (d) amounts paid under section 5.6 of the Special Economic Measures Act; and

• (e) amounts paid under section 4.4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).