Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
2000, c. 5Personal Information Protection and Electronic Documents Act
103. The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 4:
Marginal note:Certificate under Canada Evidence Act
4.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.
Marginal note:Certificate following filing of complaint
(2) Notwithstanding any other provision of this Part, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:
(a) all proceedings under this Part in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
(b) the Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) the Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the organization that provided the information.
Marginal note:Information not to be disclosed
(3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.
Marginal note:Power to delegate
(4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
R.S., c. P-21Privacy Act
104. The Privacy Act is amended by adding the following after section 70:
Marginal note:Certificate under Canada Evidence Act
70.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to his or her personal information do not apply to the information that is subject to the certificate.
Marginal note:Certificate following filing of complaint
(2) Notwithstanding any other provision of this Act, where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,
(a) all proceedings under this Act in respect of that information, including an investigation, audit, appeal or judicial review, are discontinued;
(b) the Privacy Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and
(c) the Privacy Commissioner shall, within 10 days after the certificate is published in the Canada Gazette, return the information to the head of the government institution that controls the information.
Marginal note:Information not to be disclosed
(3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.
Marginal note:Limited power of delegation
(4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
1993, c. 37Seized Property Management Act
Marginal note:1996, c. 19, s. 85
105. (1) The definitions “restrained property” and “seized property” in section 2 of the Seized Property Management Act are replaced by the following:
“restrained property”
« biens bloqués »
“restrained property” means any property that is the subject of a restraint order made under section 83.13 or 462.33 of the Criminal Code;
“seized property”
« biens saisis »
“seized property” means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated substance offence, enterprise crime offence or terrorism offence;
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“terrorism offence”
« infraction de terrorisme »
“terrorism offence” has the same meaning as in section 2 of the Criminal Code;
Marginal note:1996, c. 19, s. 86(1)
106. (1) Paragraph 3(a) of the Act is replaced by the following:
(a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated substance offences, enterprise crime offences or terrorism offences, or property that is or may be proceeds of crime or offence-related property;
(2) Subparagraphs 3(b)(ii) and (iii) of the Act are replaced by the following:
(ii) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code, or
(iii) restrained pursuant to a restraint order made under section 83.13 or 462.33 of the Criminal Code;
Marginal note:1997, c. 18, s. 135(F)
107. (1) Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:
(a) seized pursuant to a warrant issued under section 83.13 or 462.32 of the Criminal Code on the application of the Attorney General;
(b) subject to a restraint order made under section 83.13 or 462.33 of the Criminal Code on the application of the Attorney General, where the Minister is appointed pursuant to subsection 83.13(2) or subparagraph 462.33(3)(b)(i) of that Act to take control of and to manage or otherwise deal with the property; or
(2) Subsection 4(3) of the Act is replaced by the following:
Marginal note:Additional responsibility
(3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that were forfeited to Her Majesty as a result of proceedings conducted by the Attorney General and that were not in the possession or under the control of the Minister prior to their forfeiture.
108. Section 5 of the Act is amended by adding the following after subsection (2):
Marginal note:Transfer of property
(3) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2) of the Criminal Code shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property, or any part of the property, that is needed as evidence or is necessary for the purposes of an investigation.
Marginal note:1996, c. 19, s. 89(1)
109. Paragraph 9(a) of the Act is replaced by the following:
(a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated substance offences, enterprise crime offences or terrorism offences, or of any property that is or may be proceeds of crime or offence-related property;
Marginal note:1997, c. 23, s. 23
110. Paragraph 10(a) of the Act is replaced by the following:
(a) the forfeiture to Her Majesty of property pursuant to section 83.14, subsection 462.37(1) or (2) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act;
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