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

Marginal note:Claim — new identity

13 A person shall not be liable or otherwise punished for making a claim that the new identity of a protected person, whose identity has been changed as a consequence of the protection provided under the Program or under a designated program, is and has been the protected person’s only identity.

Marginal note:Claim — providing protection

13.1 A person who provides protection or directly or indirectly assists in providing protection under the Program or under a designated program shall not be liable or otherwise punished for making a claim that they do not

• (a) provide or assist in providing protection; or

• (b) know a protected person or know that a person is a protected person.

Agreements and Arrangements

Marginal note:Commissioner’s agreements

• 14 (1) The Commissioner may enter into an agreement

  • (a) with a law enforcement agency to enable a witness who is involved in activities of the law enforcement agency to be admitted to the Program;

  • (b) with the Attorney General of a province in respect of which an arrangement has been entered into under section 20 of the Royal Canadian Mounted Police Act to enable a witness who is involved in activities of the Force in that province to be admitted to the Program; and

  • (c) with any provincial authority in order to obtain documents and other information that may be required for the protection of a protectee.

• Marginal note:Ministerial arrangements

  (2) The Minister may enter into a reciprocal arrangement with the government of a foreign jurisdiction to enable a witness who is involved in activities of a law enforcement agency in that jurisdiction to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration nor admitted to the Program without the consent of the Minister.

• Marginal note:Arrangements

  (3) The Minister may enter into an arrangement with an international criminal court or tribunal to enable a witness who is involved in activities of that court or tribunal to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration, nor admitted to the Program without the consent of the Minister.

Marginal note:Agreement or arrangement — Commissioner

• 14.1 (1) The Commissioner may enter into an agreement or arrangement with a federal department, agency or service regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former protectee — to each other or to another federal department, agency or service or any provincial department, agency or service.

• Marginal note:Agreement or arrangement — provincial official

  (2) A provincial official may enter into an agreement or arrangement with a provincial department, agency or service of the same province as that official regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former designated program protectee — to each other or to another department, agency or service of the same province or any federal department, agency or service.

• Marginal note:Factors to be considered

  (3) The Commissioner or a provincial official shall consider the factors set out in paragraphs 12(a) to (e) in determining whether to enter into an agreement or arrangement and in establishing its terms.

• Marginal note:Mandatory terms

  (4) An agreement or arrangement shall include the following terms:

  • (a) a party is not permitted to make a disclosure unless it is for a purpose that is essential for the administration of justice or public safety and that is specified in the agreement or arrangement; and

  • (b) the parties shall take whatever steps are necessary, including any steps specified in the agreement or arrangement, to protect information that is disclosed from being disclosed beyond what is strictly necessary in the circumstances.

• Marginal note:Multiple departments, agencies or services

  (5) More than one department, agency or service may be party to a single agreement or arrangement.

General

Marginal note:Delegation — Commissioner

• 15 (1) The Commissioner may delegate to any member of the Force any of his or her powers, duties and functions under this Act, except the power to delegate under this section and the power to

  • (a) determine whether to disclose information under any of paragraphs 11.2(2)(b) to (d) and subsection 11.2(4);

  • (b) enter into an agreement or arrangement under subsection 14.1(1);

  • (c) designate an Assistant Commissioner to be responsible for the Program; and

  • (d) determine whether to admit a witness to the Program, to change the identity of a protectee and to terminate the protection provided to a protectee.

• Marginal note:Assistant Commissioner

  (2) The Commissioner may designate an Assistant Commissioner to be responsible for the Program and, despite paragraph (1)(d), may delegate the powers set out in that paragraph to that Assistant Commissioner.

Marginal note:Delegation — provincial official

15.1 A provincial official may delegate to any official of the same province or municipality any of his or her powers, duties and functions under this Act, except the power to

• (a) determine whether to disclose information under paragraphs 11.3(2)(b) and (c) and subsection 11.3(3); and

• (b) enter into an agreement or arrangement under subsection 14.1(2).

Marginal note:Annual report

• 16 (1) The Commissioner shall, not later than June 30 each year, submit a report on the operation of the Program during the preceding fiscal year to the Minister.

• Marginal note:Tabling

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Policy directions

17 The Commissioner shall give effect to any directions that the Minister may make concerning matters of general policy that are related to the administration of the Program and to the coordination of activities under this Act respecting a designated program.

Marginal note:Cooperation

18 Subject to the confidentiality requirements imposed by any other Act of Parliament, federal departments, agencies and services shall, to the extent possible, cooperate with the Commissioner and persons acting on his or her behalf in the administration of the Program and of activities under this Act respecting a designated program.

Marginal note:Existing agreements

19 Every agreement in existence on the day on which this Act comes into force entered into by or on behalf of the Commissioner to provide protection to a person or entered into on behalf of the Government of Canada relating to the protection of persons is, to the extent that it is consistent with this Act, deemed to have been entered into under the relevant provisions of this Act and shall be governed by this Act.

Marginal note:Regulations

20 The Governor in Council may make regulations for the purpose of giving effect to this Act including, without limiting the generality of the foregoing, regulations

• (a) specifying the types of information to be provided in respect of a witness who is being considered for admission to the Program;

• (b) respecting the terms that must be included in protection agreements or in agreements or arrangements entered into under section 14; and

• (c) governing the procedures to be followed in order to involve a protectee in legal proceedings.

Offence

Marginal note:Disclosure offence

21 Every person who contravenes subsection 11(1) is guilty of an offence and liable

• (a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or

• (b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.

Related and Consequential Amendments

22 and 23 [Amendments]