GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mutual Legal Assistance in Criminal Matters Act — M-13.6 6
Administrative arrangements 6 (1) If there is no agreement between Canada and a state or entity, or the state’s or entity’s name does not appear in the schedule, the Minister of Foreign Affairs may, with the agreement of the Minister, enter into an administrative arrangement with the state or entity providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be an indictable offence. Administrative arrangements (2) If an agreement expressly states that legal assistance may be provided with respect to acts that do not constitute an offence within the meaning of the agreement, the Minister of Foreign Affairs may, in exceptional circumstances and with the agreement of the Minister, enter into an administrative arrangement with the state or entity concerned, providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be a contravention of an Act of Parliament or of the legislature of a province. Nature of administrative arrangement (3) An administrative arrangement entered into under subsection (1) or (2) may be implemented by the Minister, pursuant to this Act, in the same manner as an agreement. Idem (4) An administrative arrangement entered into under subsection (1) or (2) has force and effect only for such period not exceeding six months as is specified therein and with respect to the type of legal assistance that is specified therein. No scheduling or publication required (5) Sections 4 and 5 do not apply in respect of an administrative arrangement entered into under subsection (1) or (2). Proof (6) In any legal or other proceeding, an administrative arrangement entered into under subsection (1) or (2) and purporting to be signed by the Minister of Foreign Affairs or by a person designated by the Minister of Foreign Affairs is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and proof that it is what it purports to be. R.S., 1985, c. 30 (4th Supp.), s. 6; 1995, c. 5, s. 25; 1999, c. 18, s. 100
Mutual Legal Assistance in Criminal Matters Act — M-13.6 7
Functions of Minister 7 (1) The Minister is responsible for the implementation of every agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) and for the administration of this Act. How request dealt with (2) When a request is made to the Minister under an agreement referred to in paragraph (a) of the definition agreement in subsection 2(1) by a state or entity or a Canadian competent authority, the Minister shall deal with the request in accordance with the agreement and this Act. How request dealt with (3) When a request made by a state or entity under an agreement referred to in paragraph (b) of the definition agreement in subsection 2(1) is presented to the Minister by the Minister of National Revenue, the Minister shall deal with the request in accordance with the agreement and this Act. R.S., 1985, c. 30 (4th Supp.), s. 7; 1999, c. 18, s. 101; 2018, c. 27, s. 31
Mutual Legal Assistance in Criminal Matters Act — M-13.6 8
Limitation — requests under agreements 8 (1) If a request for mutual legal assistance is made under an agreement, the Minister may not give effect to the request by means of the provisions of this Part unless the agreement provides for assistance with respect to the subject-matter of the request. Request by state or entity in schedule (2) If a request for mutual legal assistance is made by a state or entity whose name appears in the schedule, the Minister may give effect by means of the provisions of this Part to a request with respect to any subject-matter. R.S., 1985, c. 30 (4th Supp.), s. 8; 1999, c. 18, s. 101; 2018, c. 27, s. 32
Mutual Legal Assistance in Criminal Matters Act — M-13.6 9
Standing and jurisdiction 9 (1) When the Minister approves a request of a state or entity to enforce the payment of a fine imposed in respect of an offence by a court of criminal jurisdiction of the state or entity, a court in Canada has jurisdiction to enforce the payment of the fine, and the fine is recoverable in civil proceedings instituted by the state or entity, as if the fine had been imposed by a court in Canada. Limitation period (2) No proceedings under subsection (1) shall be instituted more than five years after the fine was imposed. Definition of fine (3) For the purposes of this section, fine includes any pecuniary penalty determined by a court of criminal jurisdiction of a state or entity to represent the value of any property, benefit or advantage, irrespective of its location, obtained or derived directly or indirectly as a result of the commission of an offence. R.S., 1985, c. 30 (4th Supp.), s. 9; 1999, c. 18, s. 102
Mutual Legal Assistance in Criminal Matters Act — M-13.6 9.1
Orders for restraint or seizure 9.1 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order. Filing of order (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located. Enforcement (3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act. 2000, c. 24, s. 57 2023, c. 26, s. 223
Mutual Legal Assistance in Criminal Matters Act — M-13.6 9.2
Orders of reparation or forfeiture or imposing fines 9.2 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order. Enforcement (2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of (a) the province in which property that is the subject of the order is believed to be located; or (b) the province in which some or all of the property available to satisfy the order is believed to be located. On being filed, the order shall be entered as a judgment of that court. Requirement (3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that (a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and (b) the conviction and the order are not subject to further appeal. Effect of registered order (4) An order has, from the date it is filed under subsection (2), the same effect as if it had been (a) in the case of an order of reparation, an order under section 738 of the Criminal Code ; (b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and (c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act. Payment into Crimes Against Humanity Fund (5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the Crimes Against Humanity and War Crimes Act . Filing of amendments (6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered. Notice (7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property. Application of Criminal Code (8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property. 2000, c. 24, s. 57
Mutual Legal Assistance in Criminal Matters Act — M-13.6 9.3
Orders for restraint or seizure 9.3 (1) When a written request is presented to the Minister by a state or entity, other than the International Criminal Court referred to in section 9.1, for the enforcement of an order for the restraint or seizure of property situated in Canada issued by a court of criminal jurisdiction of the state or entity, the Minister may authorize the Attorney General of Canada or an attorney general of a province to make arrangements for the enforcement of the order. Filing of order (2) On receipt of an authorization, the Attorney General of Canada or an attorney general of a province may file a copy of the order with the superior court of criminal jurisdiction of the province in which the property that is the subject of the order is believed to be located. On being filed, the order shall be entered as a judgment of that court and may be executed anywhere in Canada. Conditions (3) Before filing an order, the Attorney General of Canada or an attorney general of a province must be satisfied that (a) the person has been charged with an offence within the jurisdiction of the state or entity; and (b) the offence would be an indictable offence if it were committed in Canada. Effect of registered order (4) On being filed, (a) an order for the seizure of proceeds of crime may be enforced as if it were a warrant issued under subsection 462.32(1) or 462.321(1) of the Criminal Code ; (b) an order for the restraint of proceeds of crime may be enforced as if it were an order made under subsection 462.33(3) of the Criminal Code ; (c) an order for the seizure of offence-related property may be enforced as if it were a warrant issued under subsection 487(1) of the Criminal Code , subsection 11(1) of the Controlled Drugs and Substances Act or subsection 87(1) of the Cannabis Act , as the case may be; and (d) an order for the restraint of offence-related property may be enforced as if it were an order made under subsection 490.8(3) of the Criminal Code , subsection 14(3) of the Controlled Drugs and Substances Act or subsection 91(3) of the Cannabis Act , as the case may be. Filing of amendments (5) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered. 2001, c. 32, s. 65; 2018, c. 16, s. 171 2023, c. 26, s. 224
Mutual Legal Assistance in Criminal Matters Act — M-13.6 9.4
rged with or convicted of the offence in relation to which property would be forfeited, and (ii) notice in accordance with subsection 490.4(2) of the Criminal Code , subsection 19(2) of the Controlled Drugs and Substances Act or subsection 97(2) of the Cannabis Act has been given to any person who, in the opinion of the court, appears to have a valid interest in the property. Application of Criminal Code (9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, to a person who claims an interest in proceeds of crime, and subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code , subsections 19(3) and 20(4) of the Controlled Drugs and Substances Act and subsections 97(3) and 99(4) of the Cannabis Act apply, with any modifications that the circumstances require, to a person who claims an interest in offence-related property. Presumption (10) A person who is convicted of an offence in relation to which an order of forfeiture is issued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code . Seized Property Management Act applies (11) The provisions of the Seized Property Management Act apply in respect of all property forfeited under this section. 2001, c. 32, s. 65; 2018, c. 16, s. 171
Mutual Legal Assistance in Criminal Matters Act — M-13.6 10
Application of Criminal Code 10 The Criminal Code applies, with any modifications that the circumstances require, in respect of a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act. R.S., 1985, c. 30 (4th Supp.), s. 10; 2000, c. 24, s. 58
Mutual Legal Assistance in Criminal Matters Act — M-13.6 11
Approval of request for investigative measures 11 (1) When the Minister approves a request of a state or entity to have a search or a seizure, or the use of any device or investigative technique or other procedure or the doing of any other thing to be described in a warrant, carried out regarding an offence, the Minister shall provide a competent authority with any documents or information necessary to apply for a search warrant or other warrant. Application for warrant (2) The competent authority who is provided with the documents or information shall apply ex parte for a search warrant or other warrant to a judge of the province in which the competent authority believes that evidence may be found. R.S., 1985, c. 30 (4th Supp.), s. 11; 1999, c. 18, s. 103; 2000, c. 24, s. 59
Mutual Legal Assistance in Criminal Matters Act — M-13.6 12
Issuance of search warrant 12 (1) A judge of a province to whom an application is made under subsection 11(2) may issue a search warrant authorizing a peace officer named therein to execute it anywhere in the province, where the judge is satisfied by statements under oath that there are reasonable grounds to believe that (a) an offence has been committed; (b) evidence of the commission of the offence or information that may reveal the whereabouts of a person who is suspected of having committed the offence will be found in a building, receptacle or place in the province; and (c) it would not, in the circumstances, be appropriate to make an order under subsection 18(1). Commissioner of Competition (1.1) The judge may, in addition to or instead of a peace officer, authorize the Commissioner of Competition appointed under subsection 7(1) of the Competition Act or his or her authorized representative named in the warrant to execute the search warrant, in which case the Commissioner or his or her representative, as the case may be, has, in relation to the warrant, all of the powers and duties that are set out for a peace officer in this section and sections 13 and 14. Conditions (2) A judge who issues a search warrant under subsection (1) may subject the execution of the warrant to any conditions that the judge considers desirable, including conditions relating to the time or manner of its execution. Hearing re execution (3) A judge who issues a search warrant under subsection (1) shall fix a time and place for a hearing to consider the execution of the warrant as well as the report of the peace officer concerning its execution. Contents of warrant (4) A search warrant issued under subsection (1) may be in Form 5 in Part XXVIII of the Criminal Code , varied to suit the case, and must (a) set out the time and place for the hearing mentioned in subsection (3); (b) state that, at that hearing, an order will be sought for the sending to the state or entity of the records or things seized in execution of the warrant; and (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized has the right to make representations at the hearing before any order is made concerning the record or thing. Execution (5) A peace officer who executes a search warrant issued under subsection (1) shall, before entering the place or premises to be searched or as soon as practicable thereafter, give a copy of the warrant to any person who is present and appears to be in charge of the place or premises. Affixing a copy (6) A peace officer who, in any unoccupied place or premises, executes a search warrant issued under subsection (1) shall, on entering the place or premises or as soon as practicable thereafter, cause a copy of the warrant to be affixed in a prominent place within the place or premises. R.S., 1985, c. 30 (4th Supp.), s. 12; 1999, c. 18, s. 104; 2000, c. 24, s. 60; 2014, c. 31, s. 37
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Seizure of other things 13 A peace officer who executes a warrant issued under section 12 may in addition seize any thing that he believes on reasonable grounds will afford evidence of, has been obtained by or used in or is intended to be used in, the commission of an offence against an Act of Parliament, and sections 489.1 to 492 of the Criminal Code apply in respect of any thing seized pursuant to this section.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 14
Report 14 (1) A peace officer who executes a warrant issued under section 12 shall, at least five days before the time of the hearing to consider its execution, file with the court of which the judge who issued the warrant is a member a written report concerning the execution of the warrant and including a general description of the records or things seized, other than a thing seized under section 13. Copy to Minister (2) The peace officer shall send a copy of the report to the Minister forthwith after its filing.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 15
Sending abroad 15 (1) At the hearing to consider the execution of a warrant issued under section 12, after having considered any representations of the Minister, the competent authority, the person from whom a record or thing was seized in execution of the warrant and any person who claims to have an interest in the record or thing so seized, the judge who issued the warrant or another judge of the same court may (a) where the judge is not satisfied that the warrant was executed according to its terms and conditions or where the judge is satisfied that an order should not be made under paragraph (b), order that a record or thing seized in execution of the warrant be returned to (i) the person from whom it was seized, if possession of it by that person is lawful, or (ii) the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or (b) in any other case, order that a record or thing seized in execution of the warrant be sent to the state or entity mentioned in subsection 11(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions (i) necessary to give effect to the request mentioned in that subsection, (ii) with respect to the preservation and return to Canada of any record or thing seized, and (iii) with respect to the protection of the interests of third parties. Requiring record, etc., at hearing (2) At the hearing mentioned in subsection (1), the judge may require that a record or thing seized in execution of the warrant be brought before him. R.S., 1985, c. 30 (4th Supp.), s. 15; 1999, c. 18, s. 105
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Terms and conditions 16 No record or thing seized that has been ordered under section 15 to be sent to the state or entity mentioned in subsection 11(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing. R.S., 1985, c. 30 (4th Supp.), s. 16; 1999, c. 18, s. 106
Mutual Legal Assistance in Criminal Matters Act — M-13.6 16.1
Other warrants 16.1 (1) A judge of the province to whom an application is made under subsection 11(2) may, in the manner provided for by the Criminal Code , issue a warrant, other than a warrant referred to in section 12, to use any device or investigative technique or do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property. Criminal Code applies (2) Subject to subsection (3), a warrant issued under subsection (1) may be obtained, issued and executed in the manner provided for by the Criminal Code , with any necessary modifications. Exception — certain warrants (3) Subsections 12(3) and (4) and sections 14 to 16 apply in respect of a warrant issued under subsection (1)  —  other than a warrant issued in the manner provided for by section 492.1 or 492.2 of the Criminal Code —  and prevail over any provisions of the Criminal Code that are inconsistent with them. 2014, c. 31, s. 39
Mutual Legal Assistance in Criminal Matters Act — M-13.6 16.2
Sending abroad —  certain warrants 16.2 (1) If a judge referred to in subsection 16.1(1) issues a warrant in the manner provided for under section 492.1 or 492.2 of the Criminal Code , the judge must also order (a) that the peace officer who executes the warrant send a record containing the data obtained under the warrant directly to the state or entity that made the request under subsection 11(1); or (b) that sections 20 and 21 apply to the warrant with any necessary modifications. Report (2) The peace officer who executes the warrant must (a) make a report concerning the execution of the warrant to the judge who issued the warrant or to another judge of the same court, accompanied by a general description of the data obtained under the warrant and, if the judge requires it, a record containing the data; and (b) send a copy of the report to the Minister without delay. Timing of report and sending abroad (3) If the judge makes an order under paragraph (1)(a), the peace officer must make the report to the judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which all of the data is obtained under the warrant. 2014, c. 31, s. 39
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Approval of request to obtain evidence 17 (1) When the Minister approves a request of a state or entity to obtain, by means of an order of a judge, evidence regarding an offence, the Minister shall provide a competent authority with any documents or information necessary to apply for the order. Application for order (2) The competent authority who is provided with the documents or information shall apply ex parte for an order for the gathering of evidence to a judge of the province in which the competent authority believes part or all of the evidence may be found. R.S., 1985, c. 30 (4th Supp.), s. 17; 1999, c. 18, s. 107; 2000, c. 24, s. 62
Mutual Legal Assistance in Criminal Matters Act — M-13.6 18
 may, if he or she is a judge of a Canadian or foreign court, make immediate rulings on any objections or issues within his or her jurisdiction; or (b) shall, in any other case, continue the examination and ask any other question or request the production of any other record or thing mentioned in the order. Statement of reasons for refusal (9) A person named in an order made under subsection (1) who, under subsection (7), refuses to answer one or more questions or to produce certain records or things shall, within seven days, give to the person designated under paragraph (2)(c), unless that person has already ruled on the objection under paragraph (8)(a), a detailed statement in writing of the reasons on which the person bases the refusal to answer each question that the person refuses to answer or to produce each record or thing that the person refuses to produce. Expenses (10) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order. R.S., 1985, c. 30 (4th Supp.), s. 18; 1999, c. 18, s. 108; 2000, c. 24, s. 63; 2001, c. 32, s. 66