JUST Committee Meeting

MINUTES OF PROCEEDINGS

Meeting No. 50

Tuesday, November 20, 2001

The Standing Committee on Justice and Human Rights met in a televised session at 4:20 p.m. this day, in Room 253-D, Centre Block, the Chair, Andy Scott, presiding.

Members of the Committee present: Carole-Marie Allard, Michel Bellehumeur, Bill Blaikie, Chuck Cadman, Irwin Cotler, Paul DeVillers, Brian Fitzpatrick, Ivan Grose, Peter MacKay, John Maloney, John McKay, Lynn Myers, Stephen Owen, Denis Paradis, Andy Scott, Kevin Sorenson, Vic Toews, Pierrette Venne.

Acting Members present: Steven Mahoney for Irwin Cotler, Robert Lanctôt for Pierrette Venne; Derek Lee for Irwin Cotler; Jacques Saada for Carole-Marie Allard; Roy Bailer for Brian Fitzpatrick; Bill Matthews for Paul DeVillers; Steve Mahoney for Carole-Marie Allard.

In attendance: From Committees and Legislative Services: Richard Depuis, Jean-François Pagé: Legislative Clerks. From the Library of Parliament: Philip Rosen, senior analyst.

Witnesses: From the Department of Justice Canada: Donald K. Piragoff, A/Senior General counsel, Criminal Law Policy Section; Richard G. Mosley, ADM, Criminal Law Policy Section. From the Department of the Solicitor General of Canada: Paul Kennedy, Senior Assistant Deputy Solicitor General, Policing and Security. From the Department of Finance Canada: Richard Lalonde, Chief, Financial Crimes, Financial Sector Policy Branch. From the Canada Customs and Revenue Agency: Maureen Kidd, Director General, Charities Directorate, Policy and Legislation Branch. From the Solicitor General Canada: Caroline Fobes, Counsel, Legal Services.

Pursuant to its Order of Reference of Thursday, October 18, 2001, the Committee resumed consideration of Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism (See Minutes of Proceedings, Thursday, October 18, 2001, Meeting No. 29).

At 4:25 p.m., the sitting was suspended.

At 5:05 p.m., the sitting resumed.

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.

On Clause 2,

Stephen Owen moved, -- That Bill C-36, in Clause 2, be amended:

a) by replacing, in the French version, lines 17 to 20 on page 2 with the following:

l'égard des poursuites ou procédures visées par la présente loi, le procureur général ou le solliciteur général de la province où ces poursuites sont intentées ou ces procédures engagées ou leur substitut

b) by replacing, in the French version, lines 38 to 42 on page 3 with the following:

f) à l'égard des procédures visées aux articles 83.13 ou 83.14, le procureur général du Canada ou le procureur général ou le solliciteur général de la province où ces procédures sont engagées ou le substitut

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 2, be amended by replacing line 1 on page 3 with the following:

under section 57, 58, 83.12, 424.1 or

The question being put on the amendment, it was adopted.

Stephen Owen moved, -- That Bill C-36, in Clause 2, be amended by replacing lines 13 to 20 on page 3 with the following:

to

(i) an offence referred to in subsection 7(3.71), or

(ii) an offence referred to in paragraph (a) of the definition "terrorist activity" in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,

means either the Attorney

The question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 2, be amended by replacing line 43 on page 3 with the following:

section 83.13, 83.14, 83.28, 82.29 or 83.3, means either the

The question being put on the amendment, it was adopted on division.

Peter MacKay moved, -- That Bill C-36, in Clause 2, be amended by replacing lines 34 to 44 on page 5 and lines 1 to 5 on page 6 with the following:

““terrorism” means the use or threat of action where the use or threat:

(a) either

(i) involves serious violence against a person,

(ii) involves serious damage to property,

(iii) endangers a person's life, other than that of the person committing the action,

(iv) creates a serious risk to the health or safety of the public or a section of the public, or

(v) is designed to seriously interfere with or to seriously disrupt an electronic system;

(b) is designed to influence the government or to intimidate the public or a section of the public, and

(c) is made for the purpose of advancing a political, religious or ideological cause.

In this definition, “action” includes an action or omission inside or outside Canada; a reference to any person or to property is a reference to any person, or to property, wherever situated; and a reference to the public includes a reference to the public of a country other than Canada.

In this Act, a reference to action taken for the purposes of terrorism includes a reference to action or omissions taken for the benefit of a terrorist group.”

Vic Toews moved – That the motion be amended by deleting paragraph (c)

After debate, the question being put on the sub-amendment, it was negatived on the following recorded division

Yeas	Nays
Chuck Cadman	Carole-Marie Allard
Brian Fitzpatrick	Irwin Cotler
Kevin Sorenson	Paul DeVillers
Vic Toews	Ivan Grose
Michel Bellehumeur	John Maloney
Robert Lanctôt	John McKay
Bill Blaikie	Lynn Myers
Peter MacKay	Stephen Owen
	Denis Paradis
(8)	(9)

After debate, the question being put on the main amendment, it was negatived .

Clause 2, as amended, carried on division.

Clause 3 carried.

On Clause 4,

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the English version, lines 10 and 11 on page 12 with the following:

(a) an act or omission that is committed in or outside Canada and that, if

After debate, the question being put on the amendment, it was adopted by a show of hands.

Vic Toews moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 37 to 41 on page 13 with the following:

“(i) that is committed in whole or in part with the”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 42 on page 13 with the following:

“intention of terrorizing the public,”

After debate, the question being put on the amendment, it was negatived.

Peter MacKay moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 38 to 40 on page 13 with the following:

“(A) in whole or in part, on the basis of a consideration of a political, religious, philosophical, ideological, racial, ethnic or other similar nature, and“

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 42 to 45 on page 13 with the following:

“intention of causing extreme fear and intimidation in the public, with regard to its security or, by means of such extreme fear and intimidation, compelling a”

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 44 and 45 on page 13 with the following:

“regard to its security, or compelling a”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 44 and 45 on page 13 with the following:

“regard to its security, or compelling a”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 45 on page 13 with the following:

“economic security, or compelling, by the use of terror, a”

After debate, the question being put on the amendment, it was negatived.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended:

(a) by replacing, in the French version, lines 1 to 48 on page 12 and lines 1 to 32 on page 13 with the following:

a) Soit un acte - action ou omission, commise au Canada ou à l'étranger - qui, au Canada, constitue une des infractions suivantes :
(i) les infractions visées au paragraphe 7(2) et mettant en oeuvre la Convention pour la répression de la capture illicite d'aéronefs, signée à La Haye le 16 décembre 1970,

(ii) les infractions visées au paragraphe 7(2) et mettant en oeuvre la Convention pour la répression d'actes illicites dirigés contre la sécurité de l'aviation civile, signée à Montréal le 23 septembre 1971,

(iii) les infractions visées au paragraphe 7(3) et mettant en oeuvre la Convention sur la prévention et la répression des infractions contre les personnes jouissant d'une protection internationale, y compris les agents diplomatiques, adoptée par l'Assemblée générale des Nations Unies le 14 décembre 1973,

(iv) les infractions visées au paragraphe 7(3.1) et mettant en oeuvre la Convention internationale contre la prise d'otages, adoptée par l'Assemblée générale des Nations Unies le 17 décembre 1979,

(v) les infractions visées aux paragraphes 7(3.4) ou (3.6) et mettant en oeuvre la Convention sur la protection physique des matières nucléaires, conclue à New York et Vienne le 3 mars 1980,

(vi) les infractions visées au paragraphe 7(2) et mettant en oeuvre le Protocole pour la répression des actes illicites de violence dans les aéroports servant à l'aviation civile internationale, complémentaire à la Convention pour la répression d'actes illicites dirigés contre la sécurité de l'aviation civile, signé à Montréal le 24 février 1988,

(vii) les infractions visées au paragraphe 7(2.1) et mettant en oeuvre la Convention pour la répression d'actes illicites contre la sécurité de la navigation maritime, conclue à Rome le 10 mars 1988,

(viii) les infractions visées aux paragraphes 7(2.1) ou (2.2) et mettant en oeuvre le Protocole pour la répression d'actes illicites contre la sécurité des plates-formes fixes situées sur le plateau continental, conclu à Rome le 10 mars 1988,

(ix) les infractions visées au paragraphe 7(3.72) et mettant en oeuvre la Convention internationale pour la répression des attentats terroristes à l'explosif, adoptée par l'Assemblée générale des Nations Unies le 15 décembre 1997,

(x) les infractions visées au paragraphe 7(3.73) et mettant en oeuvre la Convention internationale pour la répression du financement du terrorisme, adoptée par l'Assemblée générale des Nations Unies le 9 décembre 1999;

b) soit un acte - action ou omission, commise au Canada ou à l'étranger :

(i) d'une part, commis à la fois :

(A) au nom - exclusivement ou non - d'un but, d'un objectif ou d'une cause de nature politique, religieuse ou idéologique,

(B) en vue - exclusivement ou non - d'intimider tout ou partie

(b) by replacing, in the French version, lines 1 to 37 on page 14 with the following:

Sont visés par la présente définition, relativement à un tel acte, le complot, la tentative, la menace, la complicité après le fait et l'encouragement à la perpétration; il est entendu que sont exclus de la présente définition l'acte - action ou omission - commis au cours d'un conflit armé et conforme, au moment et au lieu de la perpétration, au droit international coutumier ou au droit international conventionnel applicable au conflit ainsi que les activités menées par les forces armées d'un État dans l'exercice de leurs fonctions officielles, dans la mesure où ces activités sont régies par d'autres règles de droit international.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 2 to 28 on page 14 with the following:

whether the public or the person, government or organization is inside or outside Canada, and

(ii) that intentionally

(A) causes death or serious bodily harm to a person by the use of violence,

(B) endangers a person's life,

(C) causes a serious risk to the health or safety of the public or any segment of the public,

(D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (A) to (C), or

(E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (A) to (C),

After debate, the question being put on the amendment, it was adopted by a show of hands.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 22 to 28 on page 14 with the following:

"whether public or private, that involves an activity that is intended to result in the conduct or harm referred to in any of clauses (A) to (C), but does not involve an act of peaceful civil disobedience, advocacy, protest, dissent or stoppage of work,"

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by replacing line 35 on page 14 with the following:

“an armed conflict or during the course of resistance to a totalitarian or non-democratic regime, as long as such acts are not directed at persons who are not directly involved in the conflict, and that, at the time and”

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended

(a) by replacing, in the French version, line 2 on page 15 with the following:

a) Soit une entité dont l'un des objets ou l'une des

(b) by replacing, in the French version, line 5 on page 15 with the following:

b) soit une entité inscrite.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by adding after line 5 on page 15 the following:

For greater certainty

(1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (b) of the definition "terrorist activity" in subsection (1) unless it constitutes an act or omission that satisfies the criteria of that paragraph.

After debate, the question being put on the amendment it was carried on division.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 6 on page 15 with the following:

“(2) For the purposes of this Part, a particular terrorist”

After debate, the question being put on the amendment, it was negatived.

Peter MacKay moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 7 to 14 on page 15 with the following:

"activity is facilitated

(a) when the facilitator knows that a particular terrorist activity is facilitated;

(b) whether or not any particular terrorist activity was foreseen or planned at the time it was facilitated; or

(c) whether or not any terrorist activity was actually carried out."

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by deleting lines 8 and 9 on page 15.

By unanimous consent, the motion was withdrawn.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by deleting lines 8 and 9 on page 15.

By unanimous consent, the motion was withdrawn.

Peter MacKay moved, -- That Bill C-36, in Clause 4, be amended by replacing line 16 on page 15 with the following:

“wilfully or knowingly and without lawful justification or“

After debate, the question being put on the amendment, it was negatived.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by

(a) replacing lines 6 to 14 on page 15 with the following:

Facilitation

(2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

(b) replacing line 19 on page 29 with the following:

Facilitating terrorist activity

83.19 (1) Every one who knowingly facilitates

(c) adding after line 22 on page 29 the following:

Facilitation

(2) For the purposes of this Part, a terrorist activity is facilitated whether or not

(a) the facilitator knows that a particular terrorist activity is facilitated;

(b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

(c) any terrorist activity was actually carried out.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing the heading immediately before line 28 on page 16 with the following:

List of Entities

The question being put on the amendment, it was adopted.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by

(a) replacing, in the English version, line 32 on page 16 with the following:

eral of Canada, the Governor in Council is satisfied that

(b) replacing line 11 on page 17 with the following:

entity, the Solicitor General shall

Bill Blaikie moved, -- That the motion be amended by replacing lines 32 and 33 on page 16 with the following:

“eral, the Governor in Council is satisfied that, on a balance of probabilities,”

After debate, the question being put on the sub-amendment, it was negatived.

The question being put on the main amendment, it was adopted.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 34 on page 16 with the following:

(a) the entity has knowingly carried out, attempted to

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 1 and 2 on page 17 with the following:

"(b) the entity is acting on behalf of or at the direction of an entity"

After debate, the question being put on the amendment, it was negatived.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 1 on page 17 with the following:

(b) the entity is knowingly acting on behalf of, at the

After debate, the question being put on the amendment, it was adopted by a show of hands.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 17 the following:

“(1.2) Before a recommendation referred to in subsection (1) is made, the Solicitor General shall notify the entity that it is being considered for listing and shall give it a full and fair opportunity to be heard in respect of the matter.”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 30 to 33 on page 16 with the following:

“Governor in Council may place any entity if the Governor in Council has determined under subsection (1.3), or a superior court has determined under subsection (1.4), that”

After debate, the question being put on the amendment, it was negatived.

With unanimous consent, the following amendments were grouped together for a vote:

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 4 to 9 on page 17 with the following:

“(1.1) If the Solicitor General has reasonable grounds to believe that an entity is an entity referred to in paragraph (1)(a) or (b), the Solicitor General may give the entity written notice that he or she intends to recommend to the Governor in Council that the entity be placed on the list.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 17 the following:

“(1.2) An entity that receives a notice from the Solicitor General under subsection (1.1) may, within 60 days after its receipt, challenge in writing the Solicitor General's intention to recommend that it be placed on the list.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 17 the following:

“(1.3) If no challenge is made in writing by the entity within 60 days after the receipt of the notice, the Solicitor General may recommend to the Governor in Council that the entity be placed on the list, and the Governor in Council shall determine, on a balance of probabilities, whether the entity is an entity referred to in paragraph (1)(a) or (b).”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 17 the following:

“(1.4) Within 60 days after receiving a challenge in writing from the entity, the Solicitor General shall, if he or she continues to believe that the entity should be placed on the list, refer the matter to a superior court that shall determine, on a balance of probabilities, if the entity is an entity referred to in paragraph (1)(a) or (b).”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 15 to 20 on page 17 with the following:

“(3) A listed entity may not make an application under subsection (2), except if there has been a material change in its circumstances since the time that the entity was placed on the list.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 23 and 24 on page 17 with the following:

"taken respecting the application referred to in subsection (2)"

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 36 to 43 on page 17 with the following:

“General;”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 5 to 8 on page 18 with the following:

“decision;”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by deleting lines 1 to 8 on page 18.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 11 to 14 on page 18 with the following:

“(d) if he or she is satisfied, on a balance of probabilities, that the entity is not an entity referred to in paragraph (1)(a) or (b), order that the applicant no”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 42 to 45 on page 18 with the following:

“(11) In this section, “judge” means a judge of a superior court.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 2 and 3 on page 19 with the following:

“83.05(6), in private,”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 16 to 20 on page 19 with the following:

“relevant.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by deleting lines 34 to 41 on page 19.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 1 and 2 on page 23 with the following:

“83.13 (1) Where a judge of a superior court, on an ex parte application by the”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 15 on page 24 with the following:

“judge of a superior court for a destruction”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 36 on page 24 with the following:

“apply to a judge of a superior court to cancel”

Michel Bellehumeur moved, --

That Bill C-36, in Clause 4, be amended by replacing line 13 on page 25 with the following:

“an application to a judge of a superior court”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 1 and 2 on page 26 with the following:

“(5) If a judge is satisfied that property is property referred”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 39 on page 32 with the following:

“whereabouts of a person believed by the”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 13 on page 33 with the following:

“officer believes may commit a terrorism”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 13 on page 34 with the following:

“privilege, or, in the case of a lawyer, if doing so would result in the disclosure of information that is subject to solicitor-client privilege.”

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 35 on page 34 with the following:

“ings, and to be assisted by counsel during an examination conducted under this section.”

After debate, the question being put on the grouped amendments, they were negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 17 the following:

“(1.2) Before a recommendation referred to in subsection (1) is made, the Solicitor General shall notify the entity that it is being considered for listing and shall give it a full and fair opportunity to be heard in respect of the matter.

(1.3) If, after the opportunity to be heard referred to in subsection (1.2) has been given, the Solicitor General still intends to make the recommendation referred to in subsection (1), the entity shall be notified of that decision.

(1.4) Upon receiving the notification referred to in subsection (1.3), the entity may apply to a judge for judicial review of the decision, which review shall be conducted in accordance with subsection (6)."

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by adding after line 15 on page 18 the following:

Evidence

(6.1) The judge may receive into evidence anything that, in the opinion of the judge is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill 36, in Clause 4, be amended by replacing line 24 on page 18 with the following:

made its last application or if the Solicitor General has completed the review under subsection (9).

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by

(a) replacing line 5 on page 20 with the following:

Freezing of property

83.08 (1) No person in Canada and no Cana-

(b) adding after line 16 on page 20 the following:

No civil liability

(2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by

(a) replacing lines 31 to 34 on page 21 with the following:

(c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

(c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act;

(c.2) fraternal benefit societies regulated by a provincial Act, in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

(b) replacing line 41 on page 21 with the following:

(g) entities authorized under provincial

(c) replacing line 2 on page 22 with the following:

management or investment counselling

(d) replacing lines 4 and 5 on page 22 with the following:

Report

(2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the

(e) adding after line 18 on page 22 the following:

Regulations

(4) The Governor in Council may make regulations

(a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

(b) specifying a period for the purposes of subsection (2).

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 26 on page 23 with the following:

information and belief, and, notwithstanding the Federal Court Rules, 1998, no adverse infer-

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 7 on page 25 with the following:

Procedure

(12) Subsections 462.33(4) and (6)

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill 36, in Clause 4, be amended by

(a) replacing, in the English version, line 16 on page 25 with the following:

behalf of a terrorist group; or

(b) replacing lines 19 to 23 on page 25 with the following:

terrorist activity.

(c) replacing line 3 on page 26 with the following:

to in paragraph 1(a) or (b), the judge

After debate, the question being put on the amendment, it was adopted by a show of hands.

Chuck Cadman moved, -- That Bill C-36, in Clause 4, be amended by adding after line 7 on page 26 the following:

“(5.1) Any proceeds that arise from the disposal of property under subsection (5) shall be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

(5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.”

Peter MacKay moved that the amendment be amended by replacing “shall” with “may” in (5.1).  And the question being put on the sub-amendment, it was agreed to.”

After debate, the question being put on the main amendment, it was adopted by a show of hands.

Vic Toews moved, -- That Bill C-36, in Clause 4, be amended by adding after line 9 on page 27 the following:

"(12) A person who claims to have been wrongfully deprived of an interest in property that has been forfeited under subsection (1) may apply to the Federal Court for restitution."

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 26 on page 25 with the following:

may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998,

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 22 on page 27 with the following:

une ordonnance rendue en vertu

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, lines 7 and 8 on page 28 with the following:

à une activité terroriste ou de la faciliter.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, lines 28 and 29 on page 28 with the following:

expertise à la disposition d'un groupe terroriste, à son profit ou sous sa direction, ou en association avec lui, ou d'offrir de le faire;

The question being put on the amendment, it was adopted by a show of hands.

Vic Toews moved, -- That Bill C-36, in Clause 4, be amended by adding after line 22 on page 29 the following:

"83.191 (1) Every one who is a member of a terrorist group is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(2) In determining whether an accused is a member of a terrorist group, the court may consider, among other factors, the factors enumerated in paragraphs 83.18 (4)(a) to (d)."

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by

(a) replacing line 23 on page 29 with the following:

Commission of offence for terrorist group

83.2 Every one who commits an indict-

(b) deleting lines 29 to 32 on page 29.

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 26 on page 30 with the following:

quiconque,

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the English version, lines 12 to 15 on page 32 with the following:

application of that subsection would be sought.

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 23 on page 32 with the following:

an order for the gathering of information.

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the English version, line 29 on page 32 with the following:

the gathering of information if the judge is

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 8 on page 33 with the following:

ments directs et pertinents relatifs à une

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, lines 10 to 12 on page 33 with the following:

néa (i) ou de nature à révéler le lieu où se trouve l'individu que l'agent de la paix soupçonne d'être susceptible de

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 38 on page 33 with the following:

ou de ceux des tiers, ou quant à la protection de

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 6 and 7 on page 34 with the following:

the person by the Attorney General or the Attorney General's agent, and shall produce to

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, lines 14 and 15 on page 34 with the following:

Décision du juge

(9) Le juge qui préside statue sur toute objection ou question

After debate, the question being put on the amendment, it was adopted on division.

Peter MacKay moved, -- That Bill C-36, in Clause 4, be amended by adding after line 5 on page 34 the following:

“(11.1) In any proceeding under this section, the presiding judge may appoint counsel to represent any person subject to the investigative hearing.“

The question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 34 on page 35 with the following:

“(b) believes on reasonable grounds that the”

The question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by replacing line 16 on page 36 with the following:

“(b) the peace officer believes on reasonable”

The question being put on the amendment, it was negatived.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 39 on page 35 with the following:

à exécution de l'activité terroriste.

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 8 and 9 on page 36 with the following:

(i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 18 to 21 on page 36 with the following:

custody is necessary in order to prevent a terrorist activity,

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 35 and 36 on page 36 with the following:

When person to be taken before judge

(6) A person detained in custody shall be taken before a provin-

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 19 to 32 on page 37 with the following:

subsection (2),

(i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the detention of the person in custody is justified on one or more of the following grounds:

(A) the detention is necessary to ensure the person's appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

(B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

(I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

(II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

(C) any other just cause and, without limiting the generality of the foregoing, that the the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer's grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

(ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed forty-eight hours.

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing, in the French version, line 32 on page 37 with the following:

soupçons de l'agent de la paix sont fondés sur

After debate, the question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 35 to 45 on page 37 with the following:

(a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the provincial court judge considers desirable for preventing the carrying out of a terrorist activity; and

(b) if the person was not released under subparagraph (7)(b)(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).

After debate, the question being put on the amendment, it was adopted on division.

Peter MacKay moved, -- That Bill C-36, in Clause 4, be amended by replacing line 7 on page 38 with the following:

"order a bail hearing to consider whether it is desirable, in the inter-"

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing lines 5 and 6 on page 38 with the following:

Conditions - firearms

(10) Before making an order under paragraph (8)(a), the provincial court judge shall

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by replacing line 43 on page 38 with the following:

require, to proceedings under this

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by adding after line 44 on page 38 the following:

Annual report (sections 83.28 and 83.29)

83.31 (1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

(a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

(b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

(c) the number of arrests that were made with a warrant issued under section 83.29.

Annual report (section 83.3)

(2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

(a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

(b) the number of cases in which a summons or a warrant of arrest was issued for the purpose of subsection 83.3(3);

(c) the number of cases where a person was not released under subsection 83.3(7) pending a hearing;

(d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)(a), and the types of conditions that were imposed;

(e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

(f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

Annual report (section 83.3)

(3) The Solicitor General of Canada shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of section 83.3 that includes

(a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person's detention in custody in each case; and

(b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

(i) by a peace officer under paragraph 83.3(5)(b), or

(ii) by a judge under paragraph 83.3(7)(a).

Limitation

(4) The annual report shall not contain any information the disclosure of which would

(a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament;

(b) endanger the life or safety of any person;

(c) prejudice a legal proceeding; or

(d) otherwise be contrary to the public interest.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 4, be amended by adding after line 44 on page 38 the following:

Sunset provision

83.32 (1) Sections 83.28, 83.29 and 83.3 cease to apply at the end of the fifteenth sitting day of Parliament after December 31, 2006 unless, before the end of that day, the application of those sections is extended by a resolution - the text of which is established under subsection (2) - passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

Order in Council

(2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of the applciation of sections 83.28, 83.29 and 83.3 and specifying the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

Rules

(3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

Subsequent extensions

(4) The application of sections 83.28, 83.29 and 83.3 may be further extended in accordance with the procedure set out in this seciton, with the words "December 31, 2006" in subsection (1) read as "the expiration of the most recent extension under this section".

Definition of "sitting day of Parliament"

(5) In subsection (1), "sitting day of Parliament" means a day on which both Houses of Parliament sit.

Transitional provision

83.33 (1) In the event that sections 83.28 and 83.29 cease to apply pursuant to sectin 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application mayde under subsection 83.28 (2) began before those sections ceased to apply.

Transitional provision

(2) In the event that section 83.3 ceases to apply pursuant to section 83.32, a person detained in custody under section 83.3 shall be released when that section ceases to apply, except that subsections 83.3 (7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3 (6) before section 83.3 ceased to apply.

After debate, the decision on the amendment was reserved pending consideration of opposition motions on a sunset clause

Michel Bellehumeur moved, -- That Bill C-36, in Clause 145, be amended by replacing lines 3 to 17 on page 173 with the following:

“Expiry

145. The provisions of this Act cease to have effect three years after their coming into force, with the exception of the provisions respecting the implementation of the following conventions, adopted by the General Assembly of the United Nations:

(a) the International Convention for the Suppression of Terrorist Financing;

(b) the International Convention for the Suppression of Terrorist Bombings; and

(c) the Convention on the Safety of United Nations and Associated Personnel.”

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36 be amended by adding after line 17 on page 173 the following new clause:

“Expiry

145.1 With the exception of paragraph (a) of the definition “terrorist activity“ in subsection 83.01(1), and sections 83.03, 83.04, 83.18, 83.19, 83.21, 83.22, 83.23 and 83.27, as enacted by section 4, and section 320.1, as enacted by section 10, this Act expires three years after it receives royal assent.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

 

Peter MacKay moved, -- That Bill C-36, in Clause 145, be amended by replacing lines 3 to 17 on page 173 with the following:

“Expiry

145. Three years after this Act receives royal assent, the provisions of this Act shall expire, except the following:

(a) the provisions that fulfill Canada's commitment under the conventions listed in the definition "United Nations operation" in subsection 2(2) and the definition "terrorist activity" in subsection 83.01(1) of the Criminal Code, as enacted by section 4;

(b) sections 11, 12, 13 and 102."

After debate, the question being put on the amendment, it was negatived by a show of hands.

Debate resumed on the motion by Stephen Owen, and, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 4, be amended by adding after line 44 on page 38 the following:

“(15) For greater certainty, any person who is a victim of abuse as a result of the application of this section is entitled to recover such compensation as the court hearing the case thinks reasonable.”

After debate, the question being put on the amendment, it was negatived.

Clause 4, as amended, carried on the following recorded division:

YEAS:	NAYS:
Carole-Marie Allard	Michel Bellehumeur
Irwin Cotler	Bill Blaikie
Paul DeVillers	Peter MacKay
Ivan Grose
John Maloney
John McKay
Lynn Myers
Stephen Owen
Denis Paradis
Chuck Cadman
Brian Fitzpatrick
Kevin Sorenson
(12)	(3)

Clause 5 carried on division.

On Clause 6,

Stephen Owen moved, -- That Bill C-36, in Clause 6, be amended by replacing lines 36 to 44 on page 39 with the following:

1997, c. 23, s. 4

6. Subsection 185(1.1) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

(a) an offence under section 467.1;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 6, as amended, carried.

On new Clause ( 6.1 )

Stephen Owen moved, -- That Bill C-36 be amended by adding after line 44 on page 39 the following:

1997, c. 23, s. 5

6.1 Subsection 186(1.1) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

(a) an offence under section 467.1;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.

After debate, the question being put on the amendment, it was adopted by a show of hands.

New Clause ( 6.1 ) carried.

On Clause 7,

Stephen Owen moved, -- That Bill C-36, in Clause 7, be amended by replacing lines 1 to 12 on page 40 with the following:

1997, c. 23, s. 6

7. Section 186.1 of the Act is replaced by the following:

Time limitation in relation to criminal organizations and terrorism offences

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

(a) an offence under section 467.1;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.

After debate, the question being put on the amendment, it was adopted on division.

Clause 7, as amended, carried on division.

On Clause 8,

Stephen Owen moved, -- That Bill C-36, in Clause 8, be amended by replacing lines 13 to 23 on page 40 with the following:

1997, c. 23, s. 7

8. Subsection 196(5) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

(a) an offence under section 467.1,

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

(c) a terrorism offence,

and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 8, as amended, carried on division.

Clause 9 carried on division.

On Clause 10,

Stephen Owen moved, -- That Bill C-36, in Clause 10, be amended by replacing, in the English version, line 38 on page 40 with the following:

for believing that there is material that is hate

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 10, as amended, carried.

Clause 11 carried.

On Clause 12,

Michel Bellehumeur moved, --

That Bill C-36, in Clause 12, be amended by replacing line 5 on page 43 with the following:

“mosque, synagogue, temple or cemetery, or an object”

Stephen Owen moved that the motion be amended to replacing lines 7 and 8 on page 43 with the following: on the grounds of such a building or structure, or cemetery, if the commission of the mischief is moti-

After debate, the question being put on the sub-amendment, it was adopted by a show of hands.

The question being put on the main amendment, as amended, it was adopted by a show of hands

Peter MacKay moved, -- That Bill C-36, in Clause 12, be amended by replacing line 10 on page 43 with the following:

"religion, race, colour, sex or national or ethnic"

After debate, the question being put on the amendment, it was negatived.

Clause 12, as amended, carried.

On Clause 13,

Peter MacKay moved, --

That Bill C-36, in Clause 13, be amended by replacing, in the English version, line 22 on page 44 with the following:

“fence or national security, and every person acting in”

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, --

That Bill C-36, in Clause 13, be amended by replacing lines 46 and 47 on page 44 and lines 1 to 4 on page 45 with the following:

“ture facility, with intent to cause death or serious bodily injury, is guilty of an indictable offence and liable to imprisonment for life.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 13, be amended by replacing line 5 on page 45 with the following:

(3) For greater certainty, subsection (2) does not apply to an act

The question being put on the amendment, it was adopted by a show of hands.

Clause 13, as amended, carried.

Clause 14 carried on division.

Clause 15 carried on division.

Clause 16 carried on division.

Clause 17 carried on division.

Clause 18 carried on division.

Clause 19 carried on division.

Clause 20 carried on division.

On Clause 21,

Vic Toews moved, -- That Bill C-36, in Clause 21, be amended by replacing line 30 on page 51 with the following:

“imprisonment of two years or more, other than”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Vic Toews moved, -- That Bill C-36, in Clause 21, be amended by adding after line 45 on page 51 the following:

“(1.3) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment for life, on conviction for a terrorism offence, the offender shall be ineligible for parole and shall serve the entire sentence.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 21, be amended by replacing, in the French version, lines 37 and 38 on page 51 with the following:

condamné à une peine d'emprisonne-

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 21, as amended, carried.

Clause 22 carried by a show of hands.

Clause 23 carried by a show of hands.

Clause 24 carried by a show of hands.

Clause 25 carried by a show of hands.

On Clause 26,

Stephen Owen moved, -- That Bill C-36, in Clause 26, be amended by replacing, in the English version, lines 26 to 29 on page 54 with the following:

subsection 83.01(1) of the Criminal Code.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 26, as amended, carried.

On Clause 27,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 27, be amended by replacing line 6 on page 55 with the following:

“purpose, objective or cause and to benefit a”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 27, be amended by replacing lines 11 to 17 on page 55 with the following:

“critical situation in Canada that endangers the lives, health or safety of Canadians.”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 27, be amended by replacing lines 22 and 23 on page 55 with the following:

“health, safety or security of the people of Cana-”

After debate, the question being put on the amendment, it was negatived.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 27, be amended by deleting lines 4 to 12 on page 56.

After debate, the question being put on the amendment, it was negatived.

Stephen Owen moved, -- That Bill C-36, in Clause 27, be amended by replacing, in the French version, line 39 on page 55 with the following:

partie, la capacité militaire des Forces

The question being put on the amendment, it was adopted.

Clause 27, as amended, carried on division.

Clause 28 carried on division.

On Clause 29,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 29, be amended by deleting lines 27 to 37 on page 65 and lines 1 to 28 on page 66.

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing line 7 on page 57 with the following:

enters a prohibited place at the direction of, for the benefit of or in association with a foreign entity or a terrorist group.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by adding after line 16 on page 57 the following:

"department"
" ministère "

"department" means a department named in Schedule I to the Financial Administration Act, a division or branch of the public service of Canada set out in column I of Schedule I.1 to that Act and a corporation named in Schedule II to that Act.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by deleting lines 1 to 3 on page 58.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing lines 30 and 31 on page 57 with the following:

employee of a department, division, branch or office of the public service of Canada, or any of its parts, set out in the schedule; or

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended:

(a) by replacing, in the French version, line 14 on page 58 with the following:

qui est, a été ou est censé être

(b) by replacing, in the French version, line 13 on page 60 with the following:

b) la charge ou les fonctions ou le contrat, protocol d'entente ou marché

(c) by replacing, in the French version, lines 27 to 30 on page 68 with the following:

acte - par action ou omission - qui, au Canada, constitue une infraction à la présente loi - est réputé y avoir commis cet acte si, selon le cas :

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing lines 7 to 31 on page 59 with the following:

and 15(5), the deputy head is

(a) for an individual employed in or attached or seconded to a department, the deputy head of the department;

(b) for an officer or a non-commissioned member of the Canadian Forces, the Chief of the Defence Staff;

(c) for a person who is a member of the exempt staff of a Minister responsible for a department, the deputy head of the department;

(d) for a government contractor in relation to a contract with

(i) the Department of Public Works and Government Services, the deputy head of that department or any other deputy head authorized for the purpose by the Minister of Public Works and Government Services,

(ii) any other department, the deputy head of that department, and

(iii) a Crown Corporation within the meaning of subsection of subsection 83(1) of the Financial Administration Act, the deputy head of the department of the minister responsible for the Crown Corporation; and

(e) for any other person, the Clerk of the Privy Council or a person authorized for the purpose by the Clerk of the Privy Council.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing line 35 on page 59 with the following:

division, branch or office of the public service of Canada, or any of its parts,

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing line 7 on page 60 with the following:

(a) the person had, has or will have authorized access

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing lines 32 to 38 on page 60 with the following:

Judges Act; and

(d) a military judge within the meaning of subsection 2(1) of the National Defence Act.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing lines 7 to 14 on page 63 with the following:

Prior disclosure to authorities necessary

(5) A judge or court may decide whether the public interest in the disclosure outweighs the public interest in non-disclosure only if the person has complied with the following:

The question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 29, be amended by replacing, in the English version, line 33 on page 65 with the following:

“national security”

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by replacing line 37 on page 68 with the following:

mission outside Canada; or

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 29, be amended by adding after line 36 on page 69 the following:

Part XII.2 of Criminal Code applicable

28. The definitions "judge" and "proceeds of crime" in section 462.3 of the Criminal Code, and sections 462.32 to 462.5 of that Act, apply with any modifications that the circumstances require in respect of proceedings for an offence under subsection 4(1), (2), (3) or (4), section 6, subsection 13(1), 14(1), 16(1) or (2), 17(1), 18(1), 19(1), 20(1), 21(1) or 22(1) or section 23.

The question being put on the amendment, it was adopted by a show of hands.

Clause 29, as amended, carried on division.

On Clause 30,

Stephen Owen moved, -- That Bill C-36, in Clause 30, be amended by replacing line 38 on page 69 with the following:

section 28, the schedule set out in Schedule

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 30, as amended, carried on division.

After debate, Clause 31 carried on division.

After debate, Clause 32 carried on division.

After debate, Clause 33 carried on division.

On Clause 34,

Peter MacKay moved, -- That Bill C-36, in Clause 34, be amended by replacing, in the English version, line 31 on page 71 with the following:

“national defence or national security, to exclude all or”

The question being put on the amendment, it was adopted by a show of hands.

Clause 34, as amended, carried on division.

Clause 35 carried by a show of hands.

Clause 36 carried by a show of hands.

Clause 37 carried by a show of hands.

Clause 38 carried by a show of hands.

Clause 39 carried by a show of hands.

Clause 40 carried by a show of hands.

On Clause 41,

Stephen Owen moved, -- That Bill C-36, in Clause 41, be amended by replacing line 19 on page 73 with the following:

130 of the National Defence Act with having

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 41, as amended, carried on division.

Clause 42 carried on division.

On Clause 43,

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by adding after line 21 on page 75 the following:

Evidence

(6.1) The court may receive into evidence anything that, in the opinion of the court is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base its decision on that evidence.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by

(a) replacing line 4 on page 77 with the following:

Protection of right to a fair trial

37.3 (1) A judge presiding at a criminal trial or

(b) adding after line 13 on page 77 the following:

Potential orders

(2) The orders that may be made under subsection (1) include, but are not limited to, the following orders:

(a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence;

(b) an order effecting a stay of the proceedings; and

(c) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 28 on page 77 with the following:

“relations or national defence or national security.”

The question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 3 on page 78 with

the following:

“al defence or national security that is in the posses-”

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 6 on page 78 with the following:

and is of a type that the Government of Cana-

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by

(a) replacing line 33 on page 79 with the following:

and, where applicable, for a purpose listed in the schedule.

(b) replacing line 3 on page 80 with the following:

to any entity or purpose, or amend such a reference.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the French version, lines 15 to 21 on page 80 with the following:

c) le fait qu'une demande a été présentée à la Section de première instance de la Cour fédérale au titre de l'article 38.04, qu'il a été interjeté appel d'une ordonnance rendue au titre de l'un des paragraphes 38.06(1) à (3) relativement à une telle demande ou qu'une telle ordonnance a été renvoyée pour examen;

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by adding after line 23 on page 80 the following:

Entities

(1.1) When an entity listed in the schedule, for any purpose listed there in relation to that entity, makes a decision or order that would result in the disclosure of sensitive information or potentially injurious information, the entity shall not disclose the information or cause it to be disclosed until notice of intention to disclose the information has been given to the Attorney General of Canada and a period of 10 days has elapsed after notice was given.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing line 32 on page 80 with the following:

subsection 38.06(1) or (2) or a court

The question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 18 on page 84 with the following:

“defence or national security, the judge may, by order,”

The question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 23 on page 84 with the following:

“national security but that the public interest in disclo-”

The question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 30 on page 84 with the following:

“al defence or national security resulting from disclo-”

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by adding after line 39 on page 84 the following:

Evidence

(3.1) The judge may receive into evidence anything that, in the opinion of the judge is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 6 on page 87 with the following:

“al defence or national security.”

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing lines 1 to 6 on page 87 with the following:

Certificate of Attorney General of Canada

38.13 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act or for the purpose of protecting national defence or security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament.

After debate, the question being put on the amendment, it was adopted on division.

Vic Toews moved, -- That Bill C-36, in Clause 43, be amended by replacing line 6 on page 87 with the following:

“al defence or security, which certificate shall expire thirty years after the day it was issued.”

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 14 on page 88 with the following:

apply to a certificate issued under subsection

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by adding after line 15 on page 88 the following:

Publication

(7) The Attorney General of Canada shall, without delay after a certificate is issued, cause the certificate to be published in the Canada Gazette.

Restriction

(8) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with section 38.131.

Expiration

(9) The certificate expires 15 years after the day on which it is issued and may be reissued.

Application for review of certificate

38.131 (1) A party to the proceeding referred to in section 38.13 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (8) or (9), as the case may be.

Notice to Attorney General of Canada

(2) The applicant shall give notice of the application to the Attorney General of Canada.

Military proceedings

(3) In the case of proceedings under Part III of the National Defence Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.

Single judge

(4) Notwithstanding section 16 of the Federal Court Act, for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court.

Admissible information

(5) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (8) to (10) on that evidence.

Special rules and protective order

(6) Sections 38.11 and 38.12 apply, with any necessary modifications, to an application made under subsection (1).

Expedited consideration

(7) The judge shall consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1).

Varying the certificate

(8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign intiry as defined in subsection 2(1) of the Security of Infomration Act, or to national defence or seciruty, the judge shall make an order varying the certificate accordingly.

Cancelling the certificate

(9) If the judge determines that none of the information subject to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2 (1) of the Security of Information Act, or to international defence or security, the judge shall make an order cancelling the certificate.

Confirming the certificate

(10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2 (1) of the Security of Information Act, or to international defence or security, the judge shall make an order confirming the certificate.

Determination is final

(11) Notwithstanding any other Act of Parliament, a determination of a judge under any of subsections (8) to (10) is final and is not subject to review or appeal by any court.

Publication

(12) If a certificate is varied or cancelled under this section, the Attorney General of Canada shall, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette

(a) the certificate as varied under subsection (8); or

(b) a notice of the cancellation of the certificate under subsection (9).

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by

(a) replacing line 16 on page 88 with the following:

Protection of right to fair trial

38.14 (1) The person presiding at a criminal

(b) adding after line 25 on page 88 the following:

Potential orders

(2) The orders that may be made under subsection (1) include, but are not limited to, the following orders:

(a) an order dismissing specified counts of the indictment or information, or permitting the indictment or information to proceed only in respect of a lesser or included offence;

(b) an order effecting a stay of the proceedings; and

(c) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 43, be amended by replacing, in the English version, line 13 on page 89 with the following:

any regulations that the Governor in Council considers necessary to

The question being put on the amendment, it was adopted by a show of hands.

Clause 43, as amended, carried.

Clause 44 carried on division.

On Clause 45,

Stephen Owen moved, -- That Bill C-36, in Clause 45, be amended by replacing lines 22 to 35 on page 89 with the following:

Application respecting disclosure of information

58. (1) Subject to subsection (2), if an investigator or a member or panel of the Tribunal requires the disclosure of any information and a minister of the Crown or any other interested person objects to its disclosure, the Commission may apply to the Federal Court for a determination of the matter and the Court may take any action that it considers appropriate.

Canada Evidence Act

(2) An objection to disclosure shall be determined in accordance with the Canada Evidence Act if

(a) under subsection (1), a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act;

(b) within 90 days after the day on which the Commission applies to the Federal Court, a minister of the Crown or other official objects to the disclosure in accordance with sections 37 to 37.3 or section 39 of that Act; or

(c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 of that Act.

The question being put on the amendment, it was adopted on division.

Clause 45, as amended, carried on division.

Clause 46 carried on division.

Clause 47 carried on division.

Clause 48 carried on division.

On Clause 49,

Stephen Owen moved, -- That Bill C-36, in Clause 49, be amended by replacing lines 21 and 22 on page 90 with the following:

49. (1) The definitions "client" and "courier" in section 2 of the Act are replaced by the following:

"client"
" client "

"client" means a person or an entity that engages in a financial transaction or activity with a person or an entity referred to in section 5, and includes a person or an entity on whose behalf the person or the entity that engages in the transaction or activity is acting.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 49, as amended, carried.

On Clause 50,

Stephen Owen moved, -- That Bill C-36, in Clause 50, be amended by replacing line 24 on page 91 with the following:

services providers and other persons or entities that

The question being put on the amendment, it was adopted by a show of hands.

Clause 50, as amended, carried on division.

Clause 51 carried.

On Clause 52,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 52, be amended by replacing line 28 on page 92 with the following:

“which there are reasonable grounds to believe”

After debate, the question being put on the amendment, it was negatived.

Clause 52 carried.

On Clause 53,

Stephen Owen moved, -- That Bill C-36, in Clause 53, be amended by replacing line 11 on page 93 with the following:

report in good faith under section 7, 7.1 or 9, or for providing the Centre with information about suspicions of money laundering or of the financing of terrorist activities.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 53, as amended, carried on division.

Clause 54 carried on division.

On Clause 55,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 55, be amended by replacing line 33 on page 93 with the following:

“if the officer believes on reasonable”

The question being put on the amendment, it was negatived by a show of hands.

Clause 55 carried.

On Clause 56,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 56, be amended by replacing line 1 on page 94 with the following:

“16. (1) If an officer believes on reasonable”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 56, be amended by replacing line 14 on page 94 with the following:

“(2) If an officer believes on reasonable”

The question being put on the amendment, it was negatived by a show of hands.

Clause 56 carried.

On Clause 57,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 57, be amended by replacing line 31 on page 94 with the following:

“officer believes on reasonable grounds con-”

The question being put on the amendment, it was negatived by a show of hands.

Clause 57 carried on division.

On Clause 58,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 58, be amended by replacing line 42 on page 94 with the following:

“reasonable grounds to believe that the curren-”

The question being put on the amendment, it was negatived by a show of hands.

Clause 58 carried on division.

On Clause 59,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 59, be amended by replacing line 6 on page 95 with the following:

“is believed to contain currency or monetary”

The question being put on the amendment, it was negatived by a show of hands.

Clause 59 carried on division.

Clause 60 carried on division.

Clause 61 carried on division.

Clause 62 carried on division.

Clause 63 carried on division.

On Clause 64,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 64, be amended by replacing line 15 on page 96 with the following:

“to believe that information referred to in”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 64, be amended by replacing line 23 on page 96 with the following:

“officer has reasonable grounds to believe that”

The question being put on the amendment, it was negatived by a show of hands.

Clause 64 carried on division.

Clause 65 carried on division.

Clause 66 carried on division.

On Clause 67,

Stephen Owen moved, -- That Bill C-36, in Clause 67, be amended by replacing, in the French version, line 39 on page 97 with the following:

d) se rapportant à des soupçons

The question being put on the amendment, it was adopted on division.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 67, be amended by adding before line 3 on page 98 the following:

“reasonable grounds to believe that designated”

The question being put on the amendment, it was negatived by a show of hands.

Clause 67, as amended, carried on division.

On Clause 68,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 68, be amended by replacing line 34 on page 98 with the following:

“54(c), has reasonable grounds to believe that”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 68, be amended by replacing line 37 on page 99 with the following:

“believe would be relevant to investigating or”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 68, be amended by replacing line 4 on page 100 with the following:

“to believe would be relevant to investigating”

The question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 68, be amended by

(a) replacing lines 27 to 29 on page 100 with the following:

(a) the Centre

(b) replacing lines 1 to 3 on page 101 with the following:

(a) the Centre

(c) adding after line 14 on page 101 the following:

Requests for information

(2.1) For greater certainty, designated information may be disclosed to an institution or agency under subsection (1) or (2) in response to a request made by the institution or agency.

The question being put on the amendment, it was adopted on division.

Stephen Owen moved, -- That Bill C-36, in Clause 68, be amended by replacing, in the French version, lines 17 to 19 on page 101 with the following:

des demandes de renseignements à un organisme partie à un accord visé aux

The question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 68, be amended by replacing line 30 on page 100 with the following:

“has reasonable grounds to believe that the”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 68, be amended by replacing line 4 on page 101 with the following:

“has reasonable grounds to believe that the”

The question being put on the amendment, it was negatived by a show of hands.

Clause 68, as amended, carried on division.

Clause 69 carried on division.

Clause 70 carried on division.

Clause 71 carried on division.

Clause 72 carried on division.

Clause 73 carried on division.

On Clause 74,

Stephen Owen moved, -- That Bill C-36, in Clause 74, be amended by replacing lines 29 and 30 on page 108 with the following:

tion (1) in respect of a transaction or proposed transaction that they reported to their superior or in respect of property whose existence they

The question being put on the amendment, it was adopted by a show of hands.

Clause 74, as amended, carried on division.

Clause 75 carried on division.

Clause 76 carried on division.

Clause 77 carried on division.

Clause 78 carried on division.

Clause 79 carried on division.

Clause 80 carried on division.

Clause 81 carried on division.

Clause 82 carried on division.

Clause 83 carried on division.

Clause 84 carried on division.

Clause 85 carried on division.

Clause 86 carried on division.

On Clause 87,

Stephen Owen moved, -- That Bill C-36, in Clause 87, be amended by replacing lines 19 to 29 on page 112 with the following:

Certificate under Canada Evidence Act

69.1 (1) Where a certificate under section 38.13 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Act in respect of a request for access to that information, this Act does not apply to that information.

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 information contained in a record is issued 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 the complaint, including an investigation, appeal or judicial review, are discontinued;

(b) the Information Commissioner shall not disclose the information and shall take all necessary precautions to prevent its disclosure; and

(c) the Information 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.

The question being put on the amendment, it was adopted on division.

Peter MacKay moved, -- That Bill C-36 be amended by deleting Clause 87.

The question being put on the amendment, it was negatived on the following recorded division:

YEAS:	NAYS:
Michel Bellehumeur	Carole-Marie Allard
Bill Blaikie	Irwin Cotler
Peter MacKay	Paul DeVillers
	Ivan Grose
	John Maloney
	John McKay
	Lynn Myers
	Stephen Owen
	Denis Paradis
(3)	(9)

 

Vic Toews moved, -- That Bill C-36, in Clause 87, be amended by adding after line 23 on page 112 the following:

“(1.1) Any information in respect of which a certificate has been issued under subsection (1) may be reviewed by the Information Commissioner.”

By unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 87, be amended by replacing line 23 on page 112 with the following:

“tions or national defence or security, which certificate shall expire thirty years after the day it was issued.”

By unanimous consent, the motion was withdrawn.

Peter MacKay moved, -- That Bill C-36, in Clause 87, be amended by replacing, in the English version, line 23 on page 112 with the following:

“tions or national defence or national security.”

By unanimous consent, the motion was withdrawn.

Clause 87, as amended, carried on the following recorded division:

NAYS:	YEAS:
Michel Bellehumeur	Carole-Marie Allard
Bill Blaikie	Irwin Cotler
Peter MacKay	Paul DeVillers
	Ivan Grose
	John Maloney
	John McKay
	Lynn Myers
	Stephen Owen
	Denis Paradis
(3)	(9)

On Clause 88,

Stephen Owen moved, -- That Bill C-36, in Clause 88, be amended by replacing lines 33 to 36 on page 112 and lines 1 to 4 on page 113 with the following:

Interpretation

(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.

After debate, the question being put on the amendment, it was adopted on division.

Clause 88, as amended, carried.

Clause 89 carried on division.

Clause 90 carried on division.

Clause 91 carried on division.

Clause 92 carried on division.

On Clause 93,

Stephen Owen moved, -- That Bill C-36, in Clause 93, be amended by replacing, in the English version, line 17 on page 114 with the following:

causes actual danger to life);

The question being put on the amendment, it was adopted by a show of hands.

Clause 93, as amended, carried on division.

On Clause 94,

Stephen Owen moved, -- That Bill C-36, in Clause 94, be amended by replacing lines 33 to 37 on page 114 with the following:

out in Schedule I; and

(b) Schedule I to the Act as amended by sections 91 to 93.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 94, be amended by replacing, in the English version, lines 2 to 8 on page 115 with the following:

offender in respect of whom the Board has made a direction under section 126 before the coming into force of sections 90 to 93.

The question being put on the amendment, it was adopted by a show of hands.

Clause 94, as amended, carried.

Clause 95 carried by a show of hands.

On Clause 96,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 96, be amended by replacing lines 28 and 29 on page 115 with the following:

“Governor in Council may exempt any armed police officer whose presence on board an aircraft is required from the application of any”

After debate, the question being put on the amendment, it was negatived.

Clause 96 carried on division.

Clause 97 carried on division.

On Clause 98,

Stephen Owen moved, -- That Bill C-36, in Clause 98, be amended by replacing, in the French version, lines 29 and 30 on page 117 with the following:

condamné sous le régime de la

The question being put on the amendment, it was adopted by a show of hands.

Clause 98, as amended, carried on division.

Clause 99 carried on division.

Clause 100 carried on division.

Clause 101 carried on division.

On Clause 102,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 102, be amended by replacing lines 8 to 41 on page 122 and lines 1 to 16 on page 123 with the following:

“give the Communications Security Establishment permission in writing to intercept private communications in relation to an activity or class of activities specified by the Minister, provided that authorization has been obtained under subsection (2).

(1.1) An application for authorization shall be made ex parte and in writing by the Minister to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 of the Criminal Code, and shall be accompanied by an affidavit of the Minister, which may be sworn on the information and belief of the Minister, deposing to the following matters:

(a) that the interception will be directed at foreign entities located outside Canada;

(b) the particulars of the communication to be intercepted;

(c) that the information to be obtained could not reasonably be obtained by other means;

(d) that the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

(e) that satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

(2) The authorization may be given if the judge to whom the application is made is satisfied that

(a) the interception will be directed at foreign entities located outside Canada;

(b) the information to be obtained could not reasonably be obtained by other means;

(c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

(d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

(3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, give the Communications Security Establishment permission in writing to intercept private communications in relation to an activity or class of activities, provided that authorization has been obtained under subsection (4).

(3.1) An application for authorization shall be made ex parte and in writing by the Minister to a provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 of the Criminal Code, and shall be accompanied by an affidavit of the Minister, which may be sworn on the information and belief of the Minister, deposing to the following matters:

(a) that the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

(b) the particulars of the communication to be intercepted;

(c) that the information to be obtained could not reasonably be obtained by other means;

(d) that the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

(e) that satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

(f) that satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

(4) The authorization may be given if the judge to whom the application is made is satisfied that

(a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

(b) the information to be obtained could not reasonably be obtained by other means;

(c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

(d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

(e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

(5) An authorization made under this section may contain any conditions that the judge considers advisable to protect the”

After debate, the question being put on the amendment, it was negatived.

Bill Blaikie moved, -- That Bill C-36, in Clause 102, be amended by adding after line 26 on page 122 the following:

“(2.1) Despite the authorization given by the Minister under subsection (1), the Communications Security Establishment must obtain a warrant if the interception is directed at a Canadian citizen or permanent resident.“

After debate, the question being put on the amendment, it was negatived by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 102, be amended by replacing line 12 on page 120 with the following:

"273.63 (1) The Governor in Council shall"

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS:	NAYS:
John McKay	Carole-Marie Allard
Chuck Cadman	Irwin Cotler
Brian Fitzpatrick	Paul DeVillers
Kevin Sorenson	Ivan Grose
Michel Bellehumeur	John Maloney
Bill Blaikie	Lynn Myers
Peter MacKay	Stephen Owen
	Denis Paradis
(7)	(8)

Stephen Owen moved, -- That Bill C-36, in Clause 102, be amended by replacing lines 8 to 10 on page 121 with the following:

Duties and functions

(6) The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Part or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 102, be amended by adding after line 35 on page 123 the following:

Meaning of "Government of Canada"

(9) In this section, "Government of Canada" means a federal institution, as defined in subsection 3(1) of the Official Languages Act.

The question being put on the amendment, it was adopted by a show of hands.

Clause 102, as amended, carried on division.

On Clause 103,

Stephen Owen moved, -- That Bill C-36, in Clause 103, be amended by replacing lines 4 to 14 on page 125 with the following:

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.

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.

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.

Limited power of delegation

(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.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Peter MacKay moved, -- That Bill C-36, in Clause 103, be amended by replacing, in the English version, line 8 on page 125 with the following:

“tions or national defence or national security.”

After debate, by unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 103, be amended by adding after line 8 on page 125 the following:

“(1.1) Any information in respect of which a certificate has been issued under subsection (1) may be reviewed by the Privacy Commissioner.”

By unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 103, be amended by adding after line 8 on page 125 the following:

“(1.1) Any certificate issued under subsection (1) shall expire thirty years after the day it is issued.”

By unanimous consent, the motion was withdrawn.

Clause 103, as amended, carried on division.

On Clause 104,

Peter MacKay moved, -- That Bill C-36, in Clause 104, be amended by replacing, in the English version, line 21 on page 125 with the following:

“tions or national defence or national security.”

By unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 104, be amended by adding after line 21 on page 125 the following:

“(1.1) Any certificate issued under subsection (1) shall expire thirty years after the day it is issued.”

By unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 104, be amended by replacing lines 19 to 21 on page 125 with the following:

“that prohibits the disclosure of information in respect of an individual for the purpose of protecting international relations or national defence or security.

(1.1) The provisions of this Act regarding access by individuals to their personal information do not apply to information the disclosure of which is prohibited by a certificate issued under subsection (1).”

By unanimous consent, the motion was withdrawn.

Vic Toews moved, -- That Bill C-36, in Clause 104, be amended by adding after line 21 on page 125 the following:

“(1.1) Any certificate issued under subsection (1) shall expire thirty years after the day it is issued.”

By unanimous consent, the motion was withdrawn.

Stephen Owen moved, -- That Bill C-36, in Clause 104, be amended by replacing lines 17 to 27 on page 125 with the following:

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.

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.

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.

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.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 104, as amended, carried on division.

On Clause 105,

Stephen Owen moved, -- That Bill C-36, in Clause 105, be amended by replacing, in the French version, lines 11 and 12 on page 126 with the following:

fractions désignées, de criminalité organisée ou de terrorisme.

The question being put on the amendment, it was adopted by a show of hands.

Clause 105, as amended, carried on division.

On Clause 106,

Stephen Owen moved, -- That Bill C-36, in Clause 106, be amended by replacing, in the French version, lines 25 and 26 on page 126 with the following:

gnées, de criminalité organisée ou de terrorisme, ou de biens qui

The question being put on the amendment, it was adopted by a show of hands.

Clause 106, as amended, carried.

On Clause 107,

Stephen Owen moved, -- That Bill C-36, in Clause 107, be amended by replacing, in the English version, lines 16 to 21 on page 127 with the following:

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 posses-

The question being put on the amendment, it was adopted by a show of hands.

Clause 107, as amended, carried on division.

Clause 108 carried on division.

On Clause 109,

Stephen Owen moved, -- That Bill C-36, in Clause 109, be amended by replacing, in the French version, lines 41 and 42 on page 127 with the following:

gnées, de criminalité organisée ou de terrorisme, ou de biens qui

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 109, as amended, carried on division.

Clause 110 carried on division.

Clause 111 carried on division.

Clause 112 carried on division.

On Clause 113,

Stephen Owen moved, -- That Bill C-36, in Clause 113, be amended by replacing line 9 on page 129 with the following:

ist activities, to protect the integrity of the registration

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by deleting lines 19 to 23 on page 131.

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing line 35 on page 131 with the following:

“subsection (3) is subject to appeal or”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing lines 13 to 31 on page 132 with the following:

”behalf of those Ministers;

(b) provide the applicant or the registered charity or any counsel representing it with all the evidence presented to the judge so as to enable the applicant, registered charity or counsel to be reasonably informed of the circumstances giving rise to the certificate;”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing line 40 on page 132 with the following:

“is subject to appeal or review by any court.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 113, be amended by replacing line 43 on page 132 with the following:

reliable and relevant information, whether or not the

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing line 43 on page 132 with the following:

“relevant information, if the”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing lines 2 to 40 on page 133 with the following:

“private and in the presence of the applicant or registered charity or any counsel representing it,

(a) the Minister or the Minister of National Revenue may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states;

(b) the judge shall examine the information and provide counsel representing the Minister or the Minister of National Revenue with a reasonable opportunity to be heard as to whether the information is relevant; and

(c) the judge shall ensure that all the information is disclosed to the applicant or registered charity or any counsel representing it.

(2) The information shall be returned to counsel representing the minister who made the application and shall not be considered by the judge in making the determination under paragraph 6(1)(d), if

(a) the judge determines that the information is not relevant; or

(b) the minister withdraws the application.

(3) If the judge decides that the information is relevant, the judge may have the determina-”

The question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing lines 21 to 23 on page 135 with the following:

“Ministers made under paragraph 10(5)(a), the Court will either, on the grounds referred to in section 4,

(a) continue the certificate in effect; or

(b) cancel the certificate as of the date of the Court's decision.”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 113, be amended by replacing lines 28 and 29 on page 135 with the following:

“(5) The determination of the Court is subject to appeal or judicial review.”

The question being put on the amendment, it was negatived by a show of hands.

Clause 113, as amended, carried on division.

Clause 114 carried on division.

Clause 115 carried on division.

Clause 116 carried on division.

Clause 117 carried on division.

Clause 118 carried on division.

Clause 119 carried on division.

Clause 120 carried on division.

Clause 121 carried on division.

On Clause 122,

Stephen Owen moved, -- That Bill C-36, in Clause 122, be amended by replacing lines 5 to 13 on page 141 with the following:

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.

The question being put on the amendment, it was adopted by a show of hands.

Clause 122, as amended, carried on division.

Clause 123 carried on division.

On Clause 124,

Stephen Owen moved, -- That Bill C-36, in Clause 124, be amended by replacing lines 3 to 5 on page 142 with the following:

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

The question being put on the amendment, it was adopted by a show of hands.

Clause 124, as amended, carried on division.

On Clause 125,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 125, be amended by replacing lines 25 to 34 on page 143 with the following:

“evidence in private, in the presence of the Minister, the Minister of National Revenue, and the applicant or registered charity, or any counsel representing them;”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 125, be amended by replacing lines 39 to 46 on page 143 and lines 1 to 16 on page 144 with the following:

“is reasonable if the judge determines that the information or evidence is not relevant;

(g) the information or evidence described in paragraph (e) may be considered by the judge in determining whether the certificate is reasonable if the judge determines that the information or evidence is relevant;

(h) the judge shall provide the applicant or registered charity with all the information or evidence, so as to enable it to be reasonably informed of the circumstances giving rise to the certificate;"

After debate, the question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 125, be amended by replacing line 22 on page 144 with the following:

reliable and appropriate, even if it is inadmissible in a

The question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 125, be amended by replacing line 22 on page 144 with the following:

“appropriate and admissible in a”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 125, be amended by replacing lines 37 and 38 on page 144 with the following:

“(2) The determination of the judge is subject to appeal or judicial review.”

The question being put on the amendment, it was negatived by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 125, be amended by replacing, in the English version, line 14 on page 145 with the following:

by the applicant or former registered charity that

After debate, the question being put on the amendment, it was adopted on division.

Clause 125, as amended, carried on division.

Clause 126 carried on division.

Clause 127 carried on division.

Clause 128 carried on division.

Clause 129 carried on division.

On Clause 130,

Stephen Owen moved, -- That Bill C-36, in Clause 130, be amended by replacing line 30 on page 148 with the following:

(d) a

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 130, be amended by adding after line 43 on page 148 the following:

(7.1) If section 18 of this Act comes into force before section 30 of the other Act, then, on the day on which section 30 of the other Act comes into force, subsection 490.1(1.1) of the Criminal Code is repealed.

(7.2) If subsection 12(2) of the other Act comes into force before section 28 of the Security of Information Act, as enacted by section 29 of this Act, then section 28 of the Security of Information Act is repealed on the later of the coming into force of subsection 12(2) of the other Act and the day on which this Act receives royal assent.

(7.3) If subsection 12(2) of the other Act comes into force on the same day as, or on a day that is after, the day on which section 28 of the Security of Information Act, as enacted by section 29 of this Act, comes into force, then, on the day on which subsection 12(2) of the other Act comes into force, section 28 of the Security of Information Act is repealed.

The question being put on the amendment, it was adopted by a show of hands.

Clause 130, as amended, carried on division.

Clause 131 carried on division.

Clause 132 carried on division.

On Clause 133,

Stephen Owen moved, -- That Bill C-36, in Clause 133, be amended by

(a) replacing line 16 on page 150 with the following:

133. (1) Subsections (2) to (21) apply if

(b) adding after line 24 on page 159 the following:

(20) Subsection 22(2) of this Act is repealed if subsection 46(2) of the other Act comes into force before subsection 22(2) of this Act comes into force.

(21) Subsection 46(2) of the other Act is repealed if subsection 22(2) of this Act comes into force before subsection 46(2) of the other Act comes into force.

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 133, be amended by replacing, in the English version, line 9 on page 153 with the following:

force after section 31 of this Act, then, on the

The question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 133, be amended by

(a) replacing lines 1 to 9 on page 154 with the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)(h), that paragraph does not apply where the application for an authorization is in relation to

(a) an offence under section 467.11, 467.12 or 467.13;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.

(8.1) On the later of the coming into force of section 6.1 of this Act and section 6 of the other Act, subsection 186(1.1) of the Criminal Code is replaced by the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)(b), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

(a) an offence under section 467.11, 467.12 or 467.13;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.


(b) replacing lines 14 to 25 on page 154 with the following:

Time limitation in relation to criminal organizations and terrorism offences

186.1 Notwithstanding paragraphs 184.2(4)(e) and 186(4)(e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

(a) an offence under section 467.11, 467.12 or 467.13;

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(c) a terrorism offence.


(c) replacing lines 30 to 42 on page 154 and lines 1 to 3 on page 155 with the following:

Exception for criminal organizations and terrorism offences

(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

(a) an offence under section 467.11, 467.12 or 467.13,

(b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

(c) a terrorism offence,

and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 133, be amended by replacing line 15 on page 155 with the following:

(d) a

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 133, be amended by replacing, in the French version, lines 3 and 4 on page 159 with the following:

condamné à une peine d'emprisonne-

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 133, as amended, carried on division.

On Clause 134,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 134, be amended by replacing line 39 on page 159 with the following:

“reasonable grounds to believe that the curren-”

After debate, the question being put on the amendment, it was negatived by a show of hands.

Clause 134 carried on division.

Clause 135 carried on division.

Clause 136 carried on division.

Clause 137 carried on division.

Clause 138 carried on division.

Clause 139 carried on division.

Clause 140 carried on division.

On Clause 141,

Stephen Owen moved, -- That Bill C-36, in Clause 141, be amended by replacing, in the French version, lines 7 to 12 on page 168 with the following:

c) le fait qu'une demande a été présentée à la Cour fédérale au titre de l'article 38.04, qu'il a été interjeté appel d'une ordonnance rendue au titre de l'un des paragraphes 38.06(1) à (3) relativement à une telle demande ou qu'une telle ordonnance a été renvoyée pour examen;

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in Clause 141, be amended by replacing, in the French version, line 25 on page 168 with the following:

ont fait l'objet de l'avis ou les faits visés aux alinéas 38.02(1)b) à d),

After debate, the question being put on the amendment, it was adopted by a show of hands.

Clause 141, as amended, carried.

Clause 142 carried.

Clause 143 carried.

Clause 144 carried on division.

On new Clause ( 144.1 )

Michel Bellehumeur moved, -- That Bill C-36 be amended by adding after line 2 on page 173 the following new clause:

"Commissioner for the Review of the Anti-terrorism Act

144.1 (1) The Governor in Council may appoint a supernumerary judge or a retired judge of a superior court as the Commissioner for the Review of the Anti-terrorism Act, to be responsible for reviewing the operation of this Act and to hold office, during good behaviour, for a term of not more than three years.

(2) The duties of the Commissioner are

(a) to review the operation of this Act;

(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and

(c) to inform the House of Commons of any activity that the Commissioner believes not to be in compliance with this Act, and to report in particular on the matters referred to in subsection 145(1).

(3) In carrying out his or her duties, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.

(4) The Commissioner may engage the services of such advisors and assistants as the Commissioner considers necessary for the proper performance of his or her duties and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

(5) The Governor in Council may issue directions to the Commissioner respecting the carrying out of his or her duties."

After debate, the Chair ruled the amendment out of order. 

Ruling by the Chairman

The amendment is out of order as it infringes on the financial initiative of the Crown as fixed by the Royal Recommendation.

On Clause 145,

Stephen Owen moved, -- That Bill C-36, in Clause 145, be amended by

(a) replacing line 9 on page 173 with the following:

designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for

(b) replacing lines 14 to 16 on page 173 with the following:

within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the cas may be, submit a report on the review to Parliament, including a statement of any

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in Clause 145, be amended by replacing lines 3 to 15 on page 173 with the following:

"145. (1) Within one year after this Act receives royal assent, and in each year thereafter, the Commissioner for the Review of the Anti-terrorism Act shall submit to such committee of the House of Commons as may be designated or established for that purpose a detailed and comprehensive report on the implementation of the provisions of this Act, setting out in particular

(a) the number and nature of the charges laid under sections 83.01 to 83.04 of the Criminal Code;

(b) the number and identity of the entities placed on a list established under section 83.05 of the Criminal Code;

(c) the extent, nature and value of the property frozen under sections 83.08 to 83.12 of the Criminal Code;

(d) the extent, nature and value of the property seized and restrained under section 83.13 of the Criminal Code;

(e) the extent, nature and value of the property forfeited under section 83.14 of the Criminal Code;

(f) the number of investigative hearings conducted under section 83.28 of the Criminal Code;

(g) the number of persons arrested and detained under section 83.3 of the Criminal Code, and the grounds for their arrest or detention;

(h) the number of exemptions granted under section 97 of the Firearms Act and the reasons for granting them;

(i) the number of certificates issued under section 69.1 of the Access to Information Act;

(j) the number of authorizations issued by the Minister under section 273.65 of the National Defence Act and the reasons for issuing them, as well as the number and nature of the charges laid on the basis of the information obtained during the interception authorized by the Minister;

(k) the number of certificates issued under section 4.1 of the Personal Information Protection and Electronic Documents Act;

(l) the number of certificates issued under section 70.1 of the Privacy Act;

(m) the number of organizations determined to be ineligible to become or to remain registered charities under the Charities Registration (Security Information) Act, and the number of certificates issued by the Minister under the provisions of that Act.

(2) On receipt of a report described in subsection (1), the committee shall undertake a comprehensive review of it, and of the provisions and operation of this Act.

(3) The committee referred to in subsection (1) shall, within three months after a review is undertaken pursuant to subsection (2), submit a report on the review to"

By unanimous consent, the motion was withdrawn.

Clause 145, as amended, carried on division.

On new Clause ( 145.1 )

Peter MacKay moved, -- That Bill C-36 be amended by adding after line 17 on page 173 the following new clause:

“Oversight Committee

145.1 On the day this Act receives royal assent, an oversight committee, consisting of independent citizens — former judges and former members of CSIS — shall be appointed by resolution of Parliament to monitor the effects of this Act, and issue an annual report to Parliament."

After debate, the question being put on the amendment, it was negatived on the following recorded division:

YEAS:	NAYS:
Chuck Cadman	Carole-Marie Allard
Brian Fitzpatrick	Irwin Cotler
Kevin Sorenson	Paul DeVillers
Michel Bellehumeur	Ivan Grose
Bill Blaikie	John Maloney
Peter MacKay	John McKay
	Lynn Myers
	Stephen Owen
	Denis Paradis
(6)	(9)

 

New Clause ( 145.1 ) negatived.

On new Clause ( 145.2 )

Peter MacKay moved, -- That Bill C-36 be amended by adding after line 17 on page 173 the following new clause:

“Parliamentary Oversight Committee

145.1 On the day this Act receives royal assent, a parliamentary oversight committee, consisting of Members of Parliament from all recognized Parties and Coalitions in the House of Commons and Senators from recognized parties in the Senate shall be appointed by resolution of Parliament to monitor the effects of this Act, and issue an annual report to Parliament."

After debate, the question being put on the amendment, it was negatived by a show of hands.

New Clause ( 145.2 ) negatived.

On Clause 146,

Michel Bellehumeur moved, -- That Bill C-36, in Clause 146, be amended by adding after line 26 on page 173 the following:

“(3) The Governor in Council may not give effect to subsections (1) and (2) unless the persons responsible for carrying out the provisions referred to therein have received the necessary training.”

After debate, the question being put on the amendment, it was negatived.

Clause 146 carried on division.

On Schedule I,

Stephen Owen moved, -- That Schedule 1 to Bill C-36 be replaced on page 174 by the following:

SCHEDULE 1
(Section 30)


SCHEDULE
(Subsection 8(1) and section 9)

Canadian Security Intelligence Service

Service canadien du renseignement de sécurité

Communications Branch of the National Research Council

Direction des télécommunications du Conseil national de recherches

Communications Security Establishment

Centre de la sécurité des télécommunications

Criminal Intelligence Program of the R.C.M.P.

Programme des renseignements criminels de la GRC

Office of the Communications Security Establishment Commissioner

Bureau du commissaire du Centre de la sécurité des télécommunications

Office of the Inspector General of the Canadian Security Intelligence Service

Bureau de l'Inspecteur général du service canadien du renseignement de sécurité


Sch-174.00a
=========================================

Protective Operations Program of the R.C.M.P.

Programme des missions de protection de la GRC

R.C.M.P. Security Service

Service de sécurité de la GRC

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

Technical Operations Program of the R.C.M.P.

Programme des opérations techniques de la GRC

After debate, the question being put on the amendment, it was adopted by a show of hands.

Schedule I, as amended, carried.

On Schedule II,

Stephen Owen moved, -- That Bill C-36, in Schedule 2, be amended by

(a) replacing item 2 on page 175 with the following:

2. A judge of the Federal Court, for the purposes of sections 6 to 8 of the Charities Registration (Security Information) Act, except where the hearing is open to the public

(b) replacing item 5 on page 175 with the following:

5. A judge of the Federal Court, for the purposes of section 40.1 of the Immigration Act, except where the hearing is open to the public

(c) replacing item 11 on page 175 with the following:

11. The Public Service Staff Relations Board established by section 11 of the Public Service Staff Relations Act, for the purposes of a grievance process under that Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the board by the employee

12. The Information Commissioner, for the purposes of the Access to Information Act

13. The Privacy Commissioner, for the purposes of the Privacy Act

14. The Privacy Commissioner, for the purposes of the Personal Information Protection and Electronic Documents Act

15. A judge of the Federal Court, for the purposes of sections 41 and 42 of the Access to Information Act

16. A judge of the Federal Court, for the purpose of sections 41 to 43 of the Privacy Act

17. A judge of the Federal Court, for the purpose of sections 14 to 17 of the Personal Information Protection and Electronic Documents Act

18. The Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, for the purposes of sections 41 and 42 of that Act, with the exception of any information provided to the committee by the complainant or an individual who has been denied a security clearance

The question being put on the amendment, it was adopted by a show of hands.

Schedule II, as amended, carried on division.

On the Preamble,

Stephen Owen moved, -- That Bill C-36, in the preambule, be amended:

a) by replacing, in the French version, lines 8 and 9 on page 1 with the following:

que les actes de terrorisme menacent les institutions politiques du Canada, la stabilité de son

b) by replacing, in the French version, lines 5 to 7 on page 2 with the following:

protéger la sécurité nationale - sur les plans politique, social et économique - de même que les relations du Canada avec ses alliés,

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in the preamble, be amended by replacing, in the English version, lines 9 and 10 on page 1 with the following:

economy and the general welfare of the nation;

After debate, the question being put on the amendment, it was adopted by a show of hands.

Stephen Owen moved, -- That Bill C-36, in the preamble, be amended by replacing, in the English version, line 19 on page 1 with the following:

ing fully implementing United Nations and other in-

After debate, the question being put on the amendment, it was adopted by a show of hands.

Michel Bellehumeur moved, -- That Bill C-36, in the preamble, be amended by replacing lines 2 and 3 on page 2 with the following:

“well as to protect the political and social security of Canada and Canada’s rela-”

By unanimous consent, the motion was withdrawn.

The Preamble, as amended, carried.

After debate, Clause 1 carried.

The Bill, as amended, carried on the following recorded division:

Yeas	Nays
Carole-Marie Allard	Michel Bellehumeur
Irwin Cotler	Bill Blaikie
Paul DeVillers
Ivan Grose
John Maloney
John McKay
Lynn Myers
Stephen Owen
Denis Paradis
Chuck Cadman
Brian Fitzpatrick
Kevin Sorenson
Peter MacKay
(13)	(2)

 

ORDERED, -- That Bill C-36, An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities in order to combat terrorism, as amended, be reprinted for the use of the House of Commons at Report Stage.

ORDERED, -- That the Chair report Bill C-36 with amendments to the House as the Eight Report of the Committee.

At 2:48 a.m., the Committee adjourned to the call of the Chair.

Catherine Barrette / Marie Danielle Vachon

 

 

Clerks of the Committee