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Witness Protection Program Act (S.C. 1996, c. 15)

Act current to 2020-11-17 and last amended on 2015-07-16. Previous Versions

Witness Protection Program (continued)

Marginal note:Request for termination of protection

  •  (1) A protectee may request that the Commissioner terminate the protection provided to the protectee.

  • Marginal note:Termination

    (2) The Commissioner shall meet in person with the protectee to discuss their request and shall terminate the protection provided to them if, either at the meeting or afterwards, they confirm their request in the form and manner that the Commissioner considers appropriate in the circumstances.

  • Marginal note:Effective day

    (3) The termination takes effect on the day on which the request is confirmed or on a later day that the protectee may specify.

  • 2013, c. 29, s. 9

Marginal note:Termination of protection

  •  (1) The Commissioner may terminate the protection provided to a protectee if the Commissioner has evidence that there has been

    • (a) a material misrepresentation or a failure to disclose information relevant to the admission of the protectee to the Program; or

    • (b) a deliberate and material contravention of the obligations of the protectee under the protection agreement.

  • Marginal note:Notification of proposed termination

    (2) The Commissioner shall, before terminating the protection provided to a protectee, take reasonable steps to notify the protectee and allow the protectee to make representations concerning the matter.

  • 1996, c. 15, s. 9
  • 2013, c. 29, s. 20(F)

Marginal note:Reasons for certain decisions

 Where a decision is taken

  • (a) to refuse to admit a witness to the Program, the Commissioner shall provide the body that recommended the admission or, in the case of a witness recommended by the Force, the witness, with written reasons to enable the body or witness to understand the basis for the decision; or

  • (b) to terminate protection without the consent of a protectee, the Commissioner shall provide the protectee with written reasons to enable the protectee to understand the basis for the decision.

  • 1996, c. 15, s. 10
  • 2000, c. 24, s. 73
  • 2013, c. 29, s. 10

Designated Programs

Marginal note:Designation — program

  •  (1) At the request of a provincial minister who is responsible for a provincial or municipal program that facilitates the protection of witnesses and on the Minister’s recommendation, the Governor in Council may, by regulation, designate the program by adding its name to the schedule.

  • Marginal note:Designation — provincial official

    (2) In his or her request, the provincial minister shall designate an official of the applicable province or municipality to be the program’s provincial official.

  • Marginal note:Change of provincial official

    (3) The provincial minister may replace the provincial official by designating another official of the applicable province or municipality and shall notify the Minister without delay of any such replacement.

  • 2013, c. 29, s. 11

Marginal note:Deletion from schedule

 On the Minister’s recommendation, the Governor in Council may, by regulation, delete the name of a program from the schedule.

  • 2013, c. 29, s. 11

Marginal note:Coordination — change of identity

  •  (1) At a provincial official’s request, the Commissioner shall coordinate the activities of federal departments, agencies and services in order to facilitate a change of identity for a designated program protectee.

  • Marginal note:Required information

    (2) The provincial official shall provide any information that the Commissioner requires for the purpose of subsection (1).

  • 2013, c. 29, s. 11

Protection of Information

Marginal note:Disclosures prohibited

  •  (1) Subject to sections 11.1 to 11.5, no person shall directly or indirectly disclose

    • (a) any information that reveals, or from which may be inferred, the location or a change of identity of a person that they know is a protected person;

    • (b) any information about the means and methods by which protected persons are protected, knowing that or being reckless as to whether the disclosure could result in substantial harm to any protected person; or

    • (c) the identity and role of a person who provides protection or directly or indirectly assists in providing protection, knowing that or being reckless as to whether the disclosure could result in substantial harm to

      • (i) that person,

      • (ii) a member of that person’s family, or

      • (iii) any protected person.

  • Marginal note:Means and methods of protection

    (2) For the purpose of paragraph (1)(b), information about the means and methods by which protected persons are protected includes information about

    • (a) covert operational methods used to provide protection;

    • (b) covert administrative methods used to support the provision of protection;

    • (c) any means used to record or exchange confidential information relating to protection or used to gain access to that information; and

    • (d) the location of facilities used to provide protection.

  • 1996, c. 15, s. 11
  • 2013, c. 29, s. 12

Marginal note:Non-application — protected or other person

 Paragraph 11(1)(a) does not apply to

  • (a) a protected person who discloses information about themselves, if the disclosure could not result in substantial harm to any protected person; or

  • (b) a person who discloses information that was disclosed to them by a protected person, if the disclosure could not result in substantial harm to any protected person.

  • 2013, c. 29, s. 12

Marginal note:Exception — Commissioner

  •  (1) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to

    • (a) a protectee, for the purpose of providing protection to them; or

    • (b) a designated program protectee, for the purpose of facilitating a change of identity for them.

  • Marginal note:Other exceptions

    (2) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to a protected person if

    • (a) the protected person consents to the disclosure;

    • (b) the protected person has previously made such a disclosure or acted in a manner that results in such a disclosure;

    • (c) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including

      • (i) investigating a serious offence if there is reason to believe that the protected person can provide material information or evidence in relation to, or has been involved in the commission of, the offence,

      • (ii) preventing the commission of a serious offence, or

      • (iii) establishing the innocence of a person in criminal proceedings;

    • (d) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence; or

    • (e) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(1).

  • Marginal note:Designated program protectee

    (3) The Commissioner is only permitted to make a disclosure under paragraph (2)(c) that relates to a current or former designated program protectee if, in the Commissioner’s opinion, the urgency of the situation requires the disclosure or if the appropriate provincial official consents to it.

  • Marginal note:Exception — other information

    (4) The Commissioner may make a disclosure described in paragraph 11(1)(b) or (c)

    • (a) that relates to the Program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, national security, national defence or public safety; and

    • (b) that relates to a current or former designated program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence.

  • Marginal note:Prior notification — protected person

    (5) The Commissioner shall, before making a disclosure under paragraph (2)(b), (c) or (e), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.

  • Marginal note:Non-application

    (6) Subsection (5) does not apply if, in the Commissioner’s opinion, the notification would impede the investigation of an offence, could compromise national security, national defence or public safety or could result in substantial harm to any protected person or to any person providing protection or directly or indirectly assisting in providing protection.

  • Marginal note:Prior notification — provincial official

    (7) The Commissioner shall notify the appropriate provincial official of a disclosure under paragraph (2)(a) or (b) that relates to a current or former designated program protectee before the disclosure is made.

  • Marginal note:Notification — provincial official

    (8) The Commissioner shall notify the appropriate provincial official of a disclosure referred to in subsection (3) as soon as feasible after making it, if it was made on the basis of the urgency of the situation.

  • 2013, c. 29, s. 12
 
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