Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Short Title

Marginal note:Short title

1 This Act may be cited as the Mutual Legal Assistance in Criminal Matters Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  agreement

  agreement means

  • (a) a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters, or

  • (b) to the extent of their application to criminal investigations or prosecutions and except for the purposes of Parts II and III of this Act, the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol or other international instrument, as ratified by Canada, or a comprehensive tax information exchange agreement that has effect and to which Canada is a party or a tax treaty, as defined in subsection 248(1) of the Income Tax Act; (accord)

  competent authority

  competent authority means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences; (autorité compétente)

  data

  data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; (données)

  foreign state

  foreign state[Repealed, 1999, c. 18, s. 97]

  International Criminal Court

  International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act; (Cour pénale internationale)

  judge

  judge means

  • (a) in Ontario, a judge of the Superior Court of Justice,

  • (a.1) in Prince Edward Island, a judge of the trial division of the Supreme Court,

  • (b) in Quebec, a judge of the Superior Court,

  • (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen’s Bench, and

  • (d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (juge)

  Minister

  Minister means the Minister of Justice; (ministre)

  offence

  offence means an offence within the meaning of the relevant agreement; (infraction)

  record

  record means a medium on which data is registered or marked; (document)

  request

  request means a request for assistance presented pursuant to an agreement; (demande)

  state or entity

  state or entity means

  • (a) a state, a province, state or political subdivision of the state, or a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of the state, that is a party to an agreement with Canada, or

  • (b) an international criminal court or tribunal, the name of which appears in the schedule. (État ou entité)

  treaty

  treaty[Repealed, 1999, c. 18, s. 97]

• (2) [Repealed, 1999, c. 18, s. 97]

Marginal note:Inconsistency of Acts

• 3 (1) In the event of any inconsistency between the provisions of this Act and the provisions of another Act of Parliament, other than the provisions of an Act prohibiting the disclosure of information or prohibiting its disclosure except under certain conditions, the provisions of this Act prevail to the extent of the inconsistency.

• Marginal note:Preservation of informal arrangements

  (2) Nothing in this Act or an agreement shall be construed so as to abrogate or derogate from an arrangement or practice respecting cooperation between a Canadian competent authority and a foreign or international authority or organization.

Schedule

Marginal note:Designation

• 4 (1) The names of international criminal courts and tribunals that appear in the schedule are designated as states or entities for the purpose of this Act.

• Marginal note:Amendments to schedule

  (2) The Minister of Foreign Affairs may, with the agreement of the Minister, by order, add to or delete from the schedule the names of international criminal courts and tribunals.

Publication of Agreements

Marginal note:Publication in Canada Gazette

• 5 (1) Unless the agreement has been published under subsection (2), an agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — must be published in the Canada Gazette no later than 60 days after it comes into force.

• Marginal note:Publication in Canada Treaty Series

  (2) An agreement — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force.

• Marginal note:Judicial notice

  (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

Administrative Arrangements

Marginal note:Administrative arrangements

• 6 (1) If there is no agreement between Canada and a state or entity, or the state’s or entity’s name does not appear in the schedule, the Minister of Foreign Affairs may, with the agreement of the Minister, enter into an administrative arrangement with the state or entity providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be an indictable offence.

• Marginal note:Administrative arrangements

  (2) If an agreement expressly states that legal assistance may be provided with respect to acts that do not constitute an offence within the meaning of the agreement, the Minister of Foreign Affairs may, in exceptional circumstances and with the agreement of the Minister, enter into an administrative arrangement with the state or entity concerned, providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be a contravention of an Act of Parliament or of the legislature of a province.

• Marginal note:Nature of administrative arrangement

  (3) An administrative arrangement entered into under subsection (1) or (2) may be implemented by the Minister, pursuant to this Act, in the same manner as an agreement.

• Marginal note:Idem

  (4) An administrative arrangement entered into under subsection (1) or (2) has force and effect only for such period not exceeding six months as is specified therein and with respect to the type of legal assistance that is specified therein.

• Marginal note:No scheduling or publication required

  (5) Sections 4 and 5 do not apply in respect of an administrative arrangement entered into under subsection (1) or (2).

• Marginal note:Proof

  (6) In any legal or other proceeding, an administrative arrangement entered into under subsection (1) or (2) and purporting to be signed by the Minister of Foreign Affairs or by a person designated by the Minister of Foreign Affairs is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and proof that it is what it purports to be.

Functions of the Minister

Marginal note:Functions of Minister

• 7 (1) The Minister is responsible for the implementation of every agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) and for the administration of this Act.

• Marginal note:How request dealt with

  (2) When a request is made to the Minister under an agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) by a state or entity or a Canadian competent authority, the Minister shall deal with the request in accordance with the agreement and this Act.

• Marginal note:How request dealt with

  (3) When a request made by a state or entity under an agreement referred to in paragraph (b) of the definition agreement in subsection 2(1) is presented to the Minister by the Minister of National Revenue, the Minister shall deal with the request in accordance with the agreement and this Act.

PART IForeign Investigations or Other Proceedings in Respect of Offences

Implementation

Marginal note:Limitation — requests under agreements

• 8 (1) If a request for mutual legal assistance is made under an agreement, the Minister may not give effect to the request by means of the provisions of this Part unless the agreement provides for assistance with respect to the subject-matter of the request.

• Marginal note:Request by state or entity in schedule

  (2) If a request for mutual legal assistance is made by a state or entity whose name appears in the schedule, the Minister may give effect by means of the provisions of this Part to a request with respect to any subject-matter.

Fines

Marginal note:Standing and jurisdiction

• 9 (1) When the Minister approves a request of a state or entity to enforce the payment of a fine imposed in respect of an offence by a court of criminal jurisdiction of the state or entity, a court in Canada has jurisdiction to enforce the payment of the fine, and the fine is recoverable in civil proceedings instituted by the state or entity, as if the fine had been imposed by a court in Canada.

• Marginal note:Limitation period

  (2) No proceedings under subsection (1) shall be instituted more than five years after the fine was imposed.

• Definition of fine

  (3) For the purposes of this section, fine includes any pecuniary penalty determined by a court of criminal jurisdiction of a state or entity to represent the value of any property, benefit or advantage, irrespective of its location, obtained or derived directly or indirectly as a result of the commission of an offence.

International Criminal Court

Marginal note:Orders for restraint or seizure

• 9.1 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

• Marginal note:Filing of order

  (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located.

• Marginal note:Enforcement

  (3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.

Marginal note:Orders of reparation or forfeiture or imposing fines

• 9.2 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

• Marginal note:Enforcement

  (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of

  • (a) the province in which property that is the subject of the order is believed to be located; or

  • (b) the province in which some or all of the property available to satisfy the order is believed to be located.

  On being filed, the order shall be entered as a judgment of that court.

• Marginal note:Requirement

  (3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that

  • (a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and

  • (b) the conviction and the order are not subject to further appeal.

• Marginal note:Effect of registered order

  (4) An order has, from the date it is filed under subsection (2), the same effect as if it had been

  • (a) in the case of an order of reparation, an order under section 738 of the Criminal Code;

  • (b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and

  • (c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act.

• Marginal note:Payment into Crimes Against Humanity Fund

  (5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the Crimes Against Humanity and War Crimes Act.

• Marginal note:Filing of amendments

  (6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

• Marginal note:Notice

  (7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.

• Marginal note:Application of Criminal Code

  (8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.