R.S., c. 1 (5th Supp.)Amendments to the Income Tax Act

114. Section 168 of the Income Tax Act is amended by adding the following after subsection (2):

• 115. (1) Section 172 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Exception — Charities Registration (Security Information) Act

    (3.1) Paragraphs (3)(a) and (a.1) do not apply to an applicant or a registered charity that is the subject of a certificate that has been determined to be reasonable under paragraph 6(1)(d) of the Charities Registration (Security Information) Act.

• (2) The portion of subsection 172(4) of the Act after paragraph (f) is replaced by the following:

  where the Minister has not notified the applicant of the disposition of the application within 180 days after the filing of the application with the Minister, and, in any such case, subject to subsection (3.1), an appeal from the refusal to the Federal Court of Appeal pursuant to subsection (3) may, notwithstanding subsection 180(1), be instituted under section 180 at any time by filing a notice of appeal in the Court.

• (3) Section 172 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exception — Charities Registration (Security Information) Act

    (4.1) An appeal referred to in subsection (3) or (4) is suspended when an applicant or a registered charity is, under subsection 5(1) of the Charities Registration (Security Information) Act, served with a copy of a certificate that has been signed under that Act, whether the appeal was instituted before or after the certificate was so signed, and the appeal is

    • (a) discontinued on the determination that the certificate is reasonable under paragraph 6(1)(d) of that Act; or

    • (b) reinstated as of the date the certificate is quashed under paragraph 6(1)(d) of that Act.

116. The description of A in paragraph 188(1)(a) of the Act is replaced by the following:

117. Paragraph 239(2.21)(b) of the Act is replaced by the following:

118. Subsection 241(4) of the Act is amended by adding the following after paragraph (f):

PART 7COORDINATING, REVIEW AND COMMENCEMENT PROVISIONS

Coordinating Amendments

2000, c. 17Proceeds of Crime (Money Laundering) and Terrorist Financing Act

119. If section 95 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “other Act”) comes into force before section 110 of this Act, then, on the later of the coming into force of section 95 of the other Act and this section, section 110 of this Act is replaced by the following:

• 120. (1) If this Act receives royal assent before section 96 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “other Act”) comes into force, then, on the day of that assent, section 96 of the other Act is replaced by the following:

  Marginal note:1997, c. 23, s. 24

  96. Section 11 of the Act is replaced by the following:

  Marginal note:Sharing outside Canada

  11. The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

  • (a) the proceeds of disposition of

    • (i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or

    • (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

  • (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state,

  if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies’ participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

• (2) If section 96 of the other Act comes into force before the day on which this Act receives royal assent, then, on the day of that assent, section 11 of the Seized Property Management Act is replaced by the following:

  Marginal note:Sharing outside Canada

  11. The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of

  • (a) the proceeds of disposition of

    • (i) property forfeited to Her Majesty under subsection 462.37(1) or (2) or 462.38(2) or subparagraph 462.43(c)(iii) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, or

    • (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code

    and the proceeds arising from the disposition of property by that foreign state, and

  • (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state,

  if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies’ participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

Bill S-23

• 121. (1) If Bill S-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (the “other Act”), receives royal assent, then the references to the “Proceeds of Crime (Money Laundering) Act” in subsection 107(3) and paragraphs 107(4)(b), (c) and (f) and 107(5)(k) of the Customs Act, as enacted by section 61 of the other Act, are replaced by references to the “Proceeds of Crime (Money Laundering) and Terrorist Financing Act”.

• (2) Subsection (1) comes into force on the later of the day on which the other Act receives royal assent and the day on which this Act receives royal assent.

Bill C-11

• 122. (1) If Bill C-11, introduced in the 1st Session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent and paragraph 274(a) of the other Act comes into force before section 46 of this Act comes into force, then section 46 of this Act is repealed.

• (2) Subsection (1) comes into force on the day on which this Act receives royal assent, but only if that day is after the day on which paragraph 274(a) of the other Act comes into force.

• 123. (1) If Bill C-11, introduced in the 1st Session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent, then section 270 of the other Act and the heading before it are replaced by the following:

  Proceeds of Crime (Money Laundering) and Terrorist Financing Act

  270. Paragraph 55(3)(d) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

  • (d) the Department of Citizenship and Immigration, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act.

• (2) Subsection (1) comes into force on the day on which this Act receives royal assent, but only if that day is before the day on which section 270 of the other Act comes into force.

• 124. (1) Subsections (2) and (3) apply if Bill C-11, introduced in the 1st Session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent.

• (2) On the later of the coming into force of section 76 of the other Act and section 44 of this Act, items 2 and 3 of the schedule to the Canada Evidence Act are replaced by the following:

  • 2. 

    A judge of the Federal Court, for the purposes of sections 6 and 7 of the Charities Registration (Security Information) Act, except where the hearing is open to the public
  • 3. 

    A judge of the Federal Court, or the Immigration Division or Immigration Appeal Division of the Immigration and Refugee Board, for the purposes of sections 77 to 87 of the Immigration and Refugee Protection Act

• (3) On the later of the coming into force of section 76 of the other Act and section 44 of this Act, items 4 to 8 of the schedule to the Canada Evidence Act are repealed.

• 125. (1) Subsections (2) to (9) apply if Bill C-11, introduced in the 1st Session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (the “other Act”), receives royal assent.

• (2) Section 3 of the Charities Registration (Security Information) Act (the “new Act”), enacted by section 113 of this Act, is amended by adding the following in alphabetical order:

  “information”

  « renseignements »

  “information” means security or criminal intelligence information and information that is obtained in confidence from a source in Canada, from the government of a foreign state, from an international organization of states or from an institution of such a government or organization.

• (3) The portion of subsection 4(1) of the new Act before paragraph (a) is replaced by the following:

  Marginal note:Signature by Ministers

  • 4. (1) The Minister and the Minister of National Revenue may sign a certificate stating that it is their opinion, based on information, that there are reasonable grounds to believe

• (4) Paragraph 5(5)(a) of the new Act is replaced by the following:

  • (a) file a copy of the certificate in the Federal Court for it to make a determination under section 7; and

• (5) Sections 6 to 9 of the new Act are replaced by the following:

  Marginal note:Judicial consideration

  6. The following provisions govern the determination:

  • (a) the judge shall hear the matter;

  • (b) the judge shall ensure the confidentiality of the information on which the certificate is based and of any other evidence that may be provided to the judge if, in the opinion of the judge, its disclosure would be injurious to national security or endanger the safety of any person;

  • (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;

  • (d) the judge shall, without delay after the matter is referred to the Federal Court, examine the information and any other evidence in private;

  • (e) on each request of the Minister or the Minister of National Revenue, the judge shall hear all or part of the information or evidence in the absence of the applicant or registered charity named in the certificate and their counsel if, in the opinion of the judge, its disclosure would be injurious to national security or endanger the safety of any person;

  • (f) the information or evidence described in paragraph (e) shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either

    • (i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of the summary, or

    • (ii) the matter is withdrawn;

  • (g) the information or evidence described in paragraph (e) shall not be included in the summary but may be considered by the judge in determining whether the certificate is reasonable if the judge determines that the information or evidence is relevant but that its disclosure would be injurious to national security or endanger the safety of any person;

  • (h) the judge shall provide the applicant or registered charity with a summary of the information or evidence that enables it to be reasonably informed of the circumstances giving rise to the certificate, but that does not include anything that in the opinion of the judge would be injurious to national security or endanger the safety of any person if disclosed;

  • (i) the judge shall provide the applicant or registered charity with an opportunity to be heard; and

  • (j) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.

  Marginal note:Determination whether certificate is reasonable

  • 7. (1) The judge shall determine whether the certificate is reasonable on the basis of the information and evidence available.

  • Marginal note:Certificate quashed

    (2) The judge shall quash a certificate if the judge is of the opinion that it is not reasonable.

  Marginal note:Effect of determination

  • 8. (1) A certificate that is determined to be reasonable under subsection 7(1) is conclusive proof that, in the case of an applicant, it is ineligible to become a registered charity or, in the case of a registered charity, that it does not comply with the requirements to continue to be a registered charity.

  • Marginal note:No appeal or review

    (2) The determination of the judge is final and is not subject to appeal or judicial review.

  • Marginal note:Publication

    (3) The Minister shall, without delay after a certificate is determined to be reasonable, cause the certificate to be published in the Canada Gazette.

• (6) Subsection 10(1) of the new Act is replaced by the following:

  Marginal note:Ministerial review

  • 10. (1) An applicant or former registered charity in relation to which a certificate was determined to be reasonable under subsection 7(1) and that believes that there has been a material change in circumstances since the determination made under that subsection may apply in writing to the Minister for a review of the certificate by the Minister and the Minister of National Revenue.

• (7) Subsection 10(3) of the new Act is replaced by the following:

  • Marginal note:Material to be considered

    (3) For the purpose of a review, the Ministers may consider any submission made by the applicant or former registered charity that applied for the review and any information that is made available to the Ministers.

• (8) Section 13 of the new Act is replaced by the following:

  Marginal note:Term of a certificate

  13. Unless it is cancelled earlier, a certificate is effective for a period of seven years beginning on the day it is first determined to be reasonable under subsection 7(1).

• (9) Subsections (2) to (8) come into force on the later of the coming into force of Part 6 of this Act and section 76 of the other Act.