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Security of Information Act (R.S.C., 1985, c. O-5)

Act current to 2020-01-27 and last amended on 2019-07-12. Previous Versions

General

Marginal note:Attorney General’s consent

 No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General.

  • 2001, c. 41, s. 29

Marginal note:Jurisdiction

 An offence against this Act may be tried, in any place in Canada, regardless of where in Canada the offence was committed.

  • 2001, c. 41, s. 29

Marginal note:Extraterritorial application

  •  (1) A person who commits an act or omission outside Canada that would be an offence against this Act if it were committed in Canada is deemed to have committed it in Canada if the person is

    • (a) a Canadian citizen;

    • (b) a person who owes allegiance to Her Majesty in right of Canada;

    • (c) a person who is locally engaged and who performs his or her functions in a Canadian mission outside Canada; or

    • (d) a person who, after the time the offence is alleged to have been committed, is present in Canada.

  • Marginal note:Jurisdiction

    (2) If a person is deemed to have committed an act or omission in Canada, proceedings in respect of the offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of the offence in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Appearance of accused at trial

    (3) For greater certainty, the provisions of the Criminal Code relating to requirements that a person appear at and be present during proceedings and the exceptions to those requirements apply in respect of proceedings commenced in a territorial division under subsection (2).

  • Marginal note:Person previously tried outside Canada

    (4) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and the person has been tried and dealt with outside Canada in respect of the offence in a manner such that, if the person had been tried and dealt with in Canada, the person would be able to plead autrefois acquit, autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada.

  • 2001, c. 41, s. 29

Marginal note:Punishment

 Unless this Act provides otherwise, a person who commits an offence under this Act is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or

  • (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 12 months or to a fine of not more than $2,000, or to both.

  • 2001, c. 41, s. 29

 [Repealed, 2001, c. 41, s. 130]

 
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