FAAE Committee Report

Title

That Bill C-219 be amended by replacing the long title on page 1 with the following:

“An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) and the Special Economic Measures Act”

Preamble

That Bill C-219, in the preamble, be amended by replacing lines 5 to 7 on page 1 with the following:

“eign state that has engaged in activities that undermine international peace, security or stability in a manner inconsistent with international law or who is responsible for, or complicit in, gross and systemic violations of internationally recognized human rights or acts of corruption;”

That Bill C-219, in the preamble, be amended by replacing lines 12 to 18 on page 1 with the following:

“And whereas this Act will enable Canada to impose sanctions on foreign nationals who have engaged in activities that undermine international peace, security or stability in a manner inconsistent with international law or who are responsible for, or complicit in, gross and systematic violations of internationally recognized human rights or acts of corruption;”

Short Title

That Bill C-219, in Clause 1, be amended by replacing lines 1 and 2 on page 2 with the following:

“1 This Act may be cited as the International Anti-Corruption and Human Rights Act (Sergei Magnitsky Law No. 3).”

Clause 2

That Bill C-219, in Clause 2, be amended by replacing line 10 on page 2 to line 13 on page 3 with the following:

“cludes an outline of the measures that the Government of Canada has taken to advance human rights — and support prisoners of conscience and human rights defenders — internationally as part of Canada’s foreign policy.

(5) The Minister must publish the first report under subsection (4) within 12 months after the day on which this subsection comes into force.”

Clause 4

That Bill C-219, in Clause 4, be amended

(a) by replacing line 1 on page 4 with the following:

“4 (1) Paragraph 4(2)(a) of the Act is replaced by the following:

(a) a foreign national is responsible for, or complicit in, gross violations of internationally recognized human rights;

(2) Subsection 4(2) of the Act is amended by strik‐”

(b) by adding after line 6 on page 4 the following:

“(f) a foreign national has engaged in activities that undermine or are likely to undermine international peace, security or stability.”

Clause 5

Clause 5 is deleted.

Clause 6

That Bill C-219, in Clause 6, be amended

(a) by replacing line 20 on page 4 with the following:

“4.4 (1) Within 24 months of the seizure or restraint of private”

(b) by replacing line 22 on page 4 with the following:

“the Minister must apply for forfeiture of the private property un‐”

(c) by replacing line 24 on page 4 with the following:

“(2) The Minister must dispose of the private property forfeited”

That Bill C-219, in Clause 6, be amended by adding after line 25 on page 4 the following:

“(3) Subsections (1) and (2) do not apply in cases in respect of which legal proceedings are ongoing.”

Clause 7

That Bill C-219, in Clause 7, be amended by deleting line 32 on page 4 to line 29 on page 5.

Clause 8

Clause 8 is deleted.

Clause 9

Clause 9 is deleted.

New Clause 9.1

That Bill C-219 be amended by adding after line 19 on page 6 the following new clause:

“9.1 Paragraph 11b) of the Act is replaced by the following:

(b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than three years, or to both.”

Clause 10

Clause 10 is deleted.

Clause 11

That Bill C-219, in Clause 11, be amended by replacing lines 29 and 30 on page 6 with the following:

“1 This Act may be cited as the Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2).”

New Clause 12.1

That Bill C-219 be amended by adding after line 11 on page 7 the following new clause:

“12.1 Section 3.1 of the Act is replaced by the following:

3.1 The purpose of this Act is to enable the Government of Canada to take economic measures against certain persons in circumstances where an international organization of states or association of states of which Canada is a member calls on its members to do so, international peace, security or stability has been undermined or is likely to be undermined, gross and systematic human rights violations have been committed in a foreign state or acts of significant corruption involving a national of a foreign state have been committed.”

Clause 13

That Bill C-219, in Clause 13, be amended

(a) by replacing lines 12 to 20 on page 7 with the following:

“13 (1) Paragraph 4(1)(a) of the Act is replaced by the following:

(a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) that the Governor in Council considers necessary; and

(1.1) Paragraph 4(1.1)(b) of the Act is replaced by the following:

(b) international peace, security or stability has been undermined or is likely to be undermined;”

(b) by adding after line 25 on page 7 the following:

“(3) The portion of subsection 4(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Orders and regulations may be made under paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada:”

Clause 14

Clause 14 is deleted.

Clause 15

That Bill C-219, in Clause 15, be amended

(a) by replacing line 1 on page 8 with the following:

“5.6 (1) Within 24 months of the seizure or restraint of private”

(b) by replacing line 3 on page 8 with the following:

“the Minister must apply for forfeiture of the private property un‐”

(c) by replacing line 5 on page 8 with the following:

“(2) The Minister must dispose of the private property forfeited”

That Bill C-219, in Clause 15, be amended by adding after line 6 on page 8 the following:

“(3) Subsections (1) and (2) do not apply in cases in respect of which legal proceedings are ongoing.”

Clause 16

Clause 16 is deleted.

Clause 17

Clause 17 is deleted.

Clause 18

That Bill C-219, in Clause 18, be amended by deleting lines 7 to 13 on page 9.

Clause 20

That Bill C-219, in Clause 20, be amended by replacing line 24 on page 9 with the following:

“missible in evidence in a prosecution under this Part in re‐”

Clause 21

That Bill C-219, in Clause 21, be amended

(a) by replacing line 30 on page 9 with the following:

““Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)” in the”

(b) by replacing lines 26 and 27 on page 10 with the following:

“(1), is to be read as a reference to the “Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)”.”

Clause 22

That Bill C-219, in Clause 22, be amended

(a) by replacing line 30 on page 10 with the following:

““Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)” in the”

(b) by replacing lines 4 and 5 on page 13 with the following:

“read as a reference to the “Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2)”.”

Clause 23

Clause 23 is deleted.

Clause 24

Clause 24 is deleted.