FAAE Committee Report

Clause 2

That Bill S-226, in Clause 2, be amended by replacing line 6 on page 3 with the following:

“2  The following definitions apply in this Act.”

That Bill S-226, in Clause 2, be amended by adding after line 17 on page 3 the following:

“foreign public official has the same meaning as in section 2 of the Corruption of Foreign Public Officials Act. (agent public étranger)”

That Bill S-226, in Clause 2, be amended by deleting lines 6 and 7 on page 4.

That Bill S-226, in Clause 2, be amended by replacing, in the French version, line 34 on page 3 with the following:

étranger  Individu autre :

That Bill S-226, in Clause 2, be amended by deleting lines 8 to 10 on page 4.

Clause 4

That Bill S-226, in Clause 4, be amended by

(a) replacing lines 13 to 15 on page 4 with the following:

“4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (2) has occurred,”

(b) replacing lines 18 and 19 on page 4 with the following:

“ferred to in subsection (3) in relation to a foreign national that the Governor in Council consid-”

(c) replacing line 29 on page 4 with the following:

“mitted against individuals in any foreign state who”

(d) replacing lines 31 and 32 on page 4 with the following:

“(i) to expose illegal activity carried out by foreign public officials, or”

(e) replacing lines 8 to 16 on page 5 with the following:

“(c) a foreign national, who is a foreign public official or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of corruption — including bribery, the misappropriation of private or public assets for personal gain, the transfer of the proceeds of corruption to foreign states or any act of corruption related to expropriation, government contracts or the extraction of natural resources — which amount to acts of significant corruption when taking into consideration, among other things, their impact, the amounts involved, the foreign national’s influence or position of authority or the complicity of the government of the foreign state in question in the acts; or”

(f) replacing lines 21 to 24 on page 5 with the following:

“(3) Orders and regulations may be made under para-”

That Bill S-226, in Clause 4, be amended by replacing lines 36 and 37 on page 5 with the following:

“an outside Canada of financial services or any other services to, for the benefit of or on the direction or order of the foreign national;

(d) the acquisition by any person in Canada or Canadian outside Canada of financial services or any other services for the benefit of or on the direction or order of the foreign national; and

(e) the making available by any person in Canada or Canadian outside Canada of any property, wherever situated, to the foreign national or to a person acting on behalf of the foreign national.”

That Bill S-226, in Clause 4, be amended by adding after line 37 on page 5 the following:

“(4) The Governor in Council may, by order, authorize the Minister to

(a) issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act; or

(b) issue a general permit allowing any person in Canada or Canadian outside Canada to carry out a class of activity or transaction that is restricted or prohibited under this Act or any order or regulations made under this Act.

(5) The Minister may issue a permit or general permit, subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.

(6) The Minister may amend, suspend, revoke or reinstate any permit or general permit issued by the Minister. ”

Clause 5

Clause 5 is deleted

New Clause 7.1

That Bill S-226 be amended by adding after line 5 on page 7 the following new clause:

“Disclosure

7.1  (1)  Every entity referred to in section 7 must disclose, every month, to the principal agency or body that supervises or regulates it under federal or provincial law, whether it is in possession or control of any property referred to in that section and, if so, the number of persons or dealings involved and the total value of the property.

(2)  Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service

(a)  that they have reason to believe that property in their possession or control is owned, held or controlled by or on behalf of a foreign national who is the subject of an order or regulation made under section 4; and

(b)  any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

(3)  No proceedings under this Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1) or (2).”

Clause 8

That Bill S-226 be amended by, in Clause 8, replacing lines 6 to 18 on page 7, and the heading before Clause 8 on page 7, with the following:

“Rights of Foreign Nationals Who are the Subject of an Order or Regulation

8 (1) A foreign national who is the subject of an order or regulation made under section 4 may apply in writing to the Minister to cease being the subject of the order or regulation.

(2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the order or regulation be amended or repealed, as the case may be, so that the applicant ceases to be the subject of it.

(3) The Minister must make a decision on the application within 90 days after the day on which the application is received.

(4) The Minister must give notice without delay to the applicant of any decision to reject the application.

(5) If there has been a material change in the applicant’s circumstances since their last application under subsection (1) was submitted, he or she may submit another application.”

Clause 9

That Bill S-226, in Clause 9, be amended by replacing lines 19 to 25 on page 7 with the following:

“9 (1) Any person in Canada or any Canadian outside Canada whose name is the same as or similar to the name of a foreign national who is the subject of an order or regulation made under section 4 may, if they claim not to be that foreign national, apply to the Minister in writing for a certificate stating that they are not that foreign national.

(2) Within 45 days after the day on which the application was received, the Minister must,

(a) if he or she is satisfied that the applicant is not the foreign national, issue the certificate to the applicant; or

(b) if he or she is not so satisfied, provide a notice to the applicant of his or her determination.”

Clause 10

That Bill S-226, in Clause 10, be amended by

(a) replacing line 26 on page 7 with the following:

“10 (1) A foreign national who is the subject of an order or regula-”

(b) replacing lines 5 to 8 on page 8 with the following:

“(2) If the Minister determines that the property is necessary to meet the reasonable expenses of the applicant and their dependents, the Minister must issue a certificate to the applicant.

(3) The Minister must make a decision on the application and, if applicable, issue a certificate within 90 days after the day on which the application is received.”

New Clause 10.1

That Bill S-226 be amended by adding after line 8 on page 8 the following new clause:

“Offences

10.1  Every person who knowingly contravenes or fails to comply with an order or regulation made under section 4

(a)  is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years; or

(b)  is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.”

Clause 15

That Bill S-226, in Clause 15, be amended by replacing lines 10 to 17 on page 9 with the following:

“(3) Committees of the Senate and the House of Commons that are designated or established by each House for that purpose may conduct a review concerning the foreign nationals who are the subject of an order or regulation made under this Act and submit a report to the appropriate House together with their recommendations as to whether those foreign nationals should remain, or no longer be, the subject of that order or regulation.”

Clause 16

That Bill S-226, in Clause 16, be amended by replacing lines 21 to 23 on page 9 with the following:

“4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (1.1) has occurred,”

That Bill S-226, in Clause 16, be amended by replacing lines 9 to 36 on page 10 with the following:

“(c) gross and systematic human rights violations have been committed in a foreign state; or

(d) a national of a foreign state who is either a foreign public official, within the meaning of section 2 of the Corruption of Foreign Public Officials Act, or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of corruption — including bribery, the misappropriation of private or public assets for personal gain, the transfer of the proceeds of corruption to foreign states or any act of corruption related to expropriation, government contracts or the extraction of natural resources — which amount to acts of significant corruption when taking into consideration, among other things, their impact, the amounts involved, the foreign national’s influence or position of authority or the complicity of the government of the foreign state in question in the acts.”

Clause 17

That Bill S-226, in Clause 17, be amended by

(a) replacing line 37 on page 10 with the following:

“17 (1) Subsection 35(1) of the Immigration and”

(b) replacing lines 1 to 4 on page 11 with the following:

“(d) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act on the grounds that any of the circumstances described in paragraph 4(1.1)(c) or (d) of that Act has occurred; or

(e) being a person, other than a permanent resident, who is currently the subject of an order”

(c) adding after line 7 on page 11 the following:

“(2) Section 35 of the Act is amended by adding the following after subsection (1):

(2) For greater certainty, despite section 33, a person who ceases being the subject of an order or regulation referred to in paragraph (1)(d) or (e) is no longer inadmissible under that paragraph.”