GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Interference and Security of Information Act — O-5 11
Service 11 (1) Subject to subsection (2), a person in respect of whom a notice is issued under subsection 10(1) is a person permanently bound to secrecy as of the moment the person is personally served with the notice or informed of the notice in accordance with the regulations. Regulations (2) The Governor in Council may make regulations respecting the personal service of notices issued under subsection 10(1) and regulations respecting personal notification of the issuance of a notice under that subsection when personal service is not practical. R.S., 1985, c. O-5, s. 11; 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 12
Certificate 12 (1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of a Minister of the Crown in right of Canada stating that a person is a person permanently bound to secrecy shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the Minister appearing to have signed it, and, in the absence of evidence to the contrary, is proof of the fact so stated. Disclosure of certificate (2) The certificate may be received in evidence only if the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the certificate. R.S., 1985, c. O-5, s. 12; 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 13
Purported communication 13 (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms information that, if it were true, would be special operational information. Truthfulness of information (2) For the purpose of subsection (1), it is not relevant whether the information to which the offence relates is true. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years less a day. R.S., 1985, c. O-5, s. 13; 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 14
Unauthorized communication of special operational information 14 (1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms special operational information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years. R.S., 1985, c. O-5, s. 14; 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 16
Communicating safeguarded information 16 (1) Every person commits an offence who, without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and (b) the person intends, by communicating the information, to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests or is reckless as to whether the communication of the information is likely to increase the capacity of a foreign entity or a terrorist group to harm Canadian interests. Communicating safeguarded information (2) Every person commits an offence who, intentionally and without lawful authority, communicates to a foreign entity or to a terrorist group information that the Government of Canada or of a province is taking measures to safeguard if (a) the person believes, or is reckless as to whether, the information is information that the Government of Canada or of a province is taking measures to safeguard; and (b) harm to Canadian interests results. Punishment (3) Every person who commits an offence under subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for life. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 17
Communicating special operational information 17 (1) Every person commits an offence who, intentionally and without lawful authority, communicates special operational information to a foreign entity or to a terrorist group if the person believes, or is reckless as to whether, the information is special operational information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 18
Breach of trust in respect of safeguarded information 18 (1) Every person with a security clearance given by the Government of Canada commits an offence who, intentionally and without lawful authority, communicates, or agrees to communicate, to a foreign entity or to a terrorist group any information that is of a type that the Government of Canada is taking measures to safeguard. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 19
Use of trade secret for the benefit of foreign economic entity 19 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada’s economic interests, international relations or national defence or national security (a) communicates a trade secret to another person, group or organization; or (b) obtains, retains, alters or destroys a trade secret. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years. Defence (3) A person is not guilty of an offence under subsection (1) if the trade secret was (a) obtained by independent development or by reason only of reverse engineering; or (b) acquired in the course of the person’s work and is of such a character that its acquisition amounts to no more than an enhancement of that person’s personal knowledge, skill or expertise. Meaning of trade secret (4) For the purpose of this section, trade secret means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that (a) is or may be used in a trade or business; (b) is not generally known in that trade or business; (c) has economic value from not being generally known; and (d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 20
Intimidation, threats or violence 20 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person to do anything or to cause anything to be done. Extraterritorial application (2) Despite subsection 26(1), a person who commits an act referred to in subsection (1) while outside Canada is deemed to have committed it in Canada if (a) the victim is in Canada; or (b) the victim is outside Canada and (i) the person or the victim or both are (A) a Canadian citizen, (B) a person who is ordinarily resident in Canada, (C) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , (D) a person who owes allegiance to His Majesty in right of Canada, or (E) a person who is locally engaged and who performs their functions in a Canadian mission outside Canada, or (ii) is a person described in any of clauses (i)(A) to (E), the intimidation, threat or violence is in relation to the victim’s child, relative or intimate partner , as defined in section 2 of the Criminal Code , and the child, relative or partner is in or outside Canada. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Application — subsections 26(2) to (4) (5) If a person is deemed under this section to have committed an act referred to in subsection (1) in Canada, subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1). Definition of victim (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done. 2001, c. 41, s. 29 2024, c. 16, s. 53
Foreign Interference and Security of Information Act — O-5 20.1
Intimidation, threats or violence outside Canada 20.1 (1) Every person commits an offence who, while outside Canada, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person outside Canada to do anything or to cause anything to be done (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or (b) that is reasonably likely to harm Canadian interests. Application (2) If any of the facts referred to in paragraph 20(2)(b) apply to either the person who is alleged to have committed an act referred to in subsection (1) or the victim, the person who is alleged to have committed the act is to be prosecuted under subsection 20(1). Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Application — subsections 26(2) to (4) (5) Subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1). Definition of victim (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done. 2024, c. 16, s. 53
Foreign Interference and Security of Information Act — O-5 20.2
Committing indictable offence for foreign entity 20.2 (1) Every person who commits an indictable offence under this or any other Act of Parliament at the direction of, for the benefit of or in association with, a foreign entity is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (2) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). 2024, c. 16, s. 53
Foreign Interference and Security of Information Act — O-5 20.3
Engaging in surreptitious or deceptive conduct 20.3 (1) Every person commits an indictable offence who, at the direction of, for the benefit of or in association with, a foreign entity, knowingly engages in surreptitious or deceptive conduct or omits, surreptitiously or with the intent to deceive, to do anything if the person’s conduct or omission is for a purpose prejudicial to the safety or interests of the State or the person is reckless as to whether their conduct or omission is likely to harm Canadian interests. Punishment (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life. Sentences to be served consecutively (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). 2024, c. 16, s. 53
Foreign Interference and Security of Information Act — O-5 20.4
or territorial political or governmental processes; (c) municipal political or governmental processes; (d) the political or governmental processes of (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 , or (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis. 2024, c. 16, s. 53
Foreign Interference and Security of Information Act — O-5
educational governance means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada. ( gouvernance scolaire )
Foreign Interference and Security of Information Act — O-5 (a)
political or governmental process includes (a) any proceeding of a legislative body; (b) the development of a legislative proposal; (c) the development or amendment of any policy or program; (d) the making of a decision by a public office holder or government body, including the awarding of a contract; (e) the holding of an election or referendum; and (f) the nomination of a candidate or the development of an electoral platform by a political party. ( processus politique ou gouvernemental )
Foreign Interference and Security of Information Act — O-5 (a)
public office holder means any of the following individuals: (a) any officer or employee of His Majesty in right of Canada and includes (i) a member of the Senate or the House of Commons and any person on the staff of such a member, (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province, (iii) an officer, director or employee of any federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act , (iv) a member of the Canadian Forces, and (v) a member of the Royal Canadian Mounted Police; (b) members of the legislature of a province or persons on the staff of such members; (c) employees of the government of a province; (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district; (e) members of the council of a band , as defined in subsection 2(1) of the Indian Act , or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council; (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution; (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis. ( titulaire d’une charge publique )
Foreign Interference and Security of Information Act — O-5 21
Concealing person who carried out offence 21 (1) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals a person whom they know to be a person who has committed an offence under this Act, is guilty of an indictable offence and liable to imprisonment (a) for a term of not more than 14 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to imprisonment for life; and (b) for a term of not more than 10 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to any other punishment. Concealing person who is likely to carry out offence (2) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals any person whom he or she knows to be a person who is likely to carry out an offence under this Act, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2001, c. 41, s. 29; 2013, c. 9, s. 29
Foreign Interference and Security of Information Act — O-5 22
Preparatory acts 22 (1) Every person commits an offence who, for the purpose of committing an offence under this Act, other than under subsection 13(1) or 18(1), does anything that is directed towards or done in preparation of the commission of the offence, including (a) entering Canada at the direction of or for the benefit of a foreign entity, a terrorist group or a foreign economic entity; (b) obtaining, retaining or gaining access to any information; (c) knowingly communicating to a foreign entity, a terrorist group or a foreign economic entity the person’s willingness to commit the offence; (d) at the direction of, for the benefit of or in association with a foreign entity, a terrorist group or a foreign economic entity, asking a person to commit the offence; and (e) possessing any device, apparatus or software useful for concealing the content of information or for surreptitiously communicating, obtaining or retaining information. Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years. 2001, c. 41, s. 29 2024, c. 16, s. 54
Foreign Interference and Security of Information Act — O-5 23
Conspiracy, attempts, etc. 23 Every person commits an offence who conspires or attempts to commit, is an accessory after the fact in relation to or counsels in relation to an offence under this Act and is liable to the same punishment and to be proceeded against in the same manner as if he or she had committed the offence. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 24
Attorney General’s consent 24 No prosecution shall be commenced for an offence against this Act without the consent of the Attorney General. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 25
Jurisdiction 25 An offence against this Act may be tried, in any place in Canada, regardless of where in Canada the offence was committed. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 26
Extraterritorial application 26 (1) A person who commits an act or omission outside Canada that would be an offence against this Act if it were committed in Canada is deemed to have committed it in Canada if the person is (a) a Canadian citizen; (b) a person who owes allegiance to Her Majesty in right of Canada; (c) a person who is locally engaged and who performs his or her functions in a Canadian mission outside Canada; or (d) a person who, after the time the offence is alleged to have been committed, is present in Canada. Jurisdiction (2) If a person is deemed to have committed an act or omission in Canada, proceedings in respect of the offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of the offence in the same manner as if the offence had been committed in that territorial division. Appearance of accused at trial (3) For greater certainty, the provisions of the Criminal Code relating to requirements that a person appear at and be present during proceedings and the exceptions to those requirements apply in respect of proceedings commenced in a territorial division under subsection (2). Person previously tried outside Canada (4) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and the person has been tried and dealt with outside Canada in respect of the offence in a manner such that, if the person had been tried and dealt with in Canada, the person would be able to plead autrefois acquit , autrefois convict or pardon, the person shall be deemed to have been so tried and dealt with in Canada. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 27
Punishment 27 Unless this Act provides otherwise, a person who commits an offence under this Act is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 14 years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 12 months or to a fine of not more than $2,000, or to both. 2001, c. 41, s. 29
Foreign Interference and Security of Information Act — O-5 82
References 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department: (d) Schedule 1 to the Foreign Interference and Security of Information Act ;
Foreign Interference and Security of Information Act — O-5 57
57 Other references — Acts (2) Unless the context requires otherwise, every reference to the “ Security of Information Act ” in any provision of an Act of Parliament, other than a provision referred to in subsection (1), is to be read as a reference to the “ Foreign Interference and Security of Information Act ”. Other references — Regulations (4) Unless the context requires otherwise, every reference to the “ Security of Information Act ” in any provision of a regulation , as defined in section 2 of the Statutory Instruments Act , made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the “ Foreign Interference and Security of Information Act ”.
Foreign Interference and Security of Information Act — O-5 125
125 Schedule 1 to the Foreign Interference and Security of Information Act is amended by striking out the following: Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada 2024, c. 16. s. 74
Foreign Interference and Security of Information Act — O-5 126
126 Schedule 1 to the Act is amended by adding the following in alphabetical order: Public Complaints and Review Commission Commission d’examen et de traitement des plaintes du public 2024, c. 16. s. 74
Canada Oil and Gas Operations Act — O-7 1
Short title 1 This Act may be cited as the Canada Oil and Gas Operations Act . R.S., 1985, c. O-7, s. 1; 1992, c. 35, s. 2