GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Foreign Influence Transparency and Accountability Act — F-29.2 18
Violation and liability 18 (1) A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty. Purpose (2) The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish. Violation or offence (3) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.
Foreign Influence Transparency and Accountability Act — F-29.2 19
Notice of violation 19 (1) The Commissioner may issue a notice of violation to a person if the Commissioner has reasonable grounds to believe that the person has committed a violation. Contents (2) The notice of violation must set out (a) the person’s name; (b) the violation at issue; (c) the amount of the administrative monetary penalty to which the person is liable; (d) the person’s right, within 30 days after the day on which the notice is served or within any longer period that the Commissioner may specify, to pay the penalty or to make representations to the Commissioner with respect to the violation and the penalty, and the manner for doing so; and (e) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commissioner may impose a penalty in respect of it.
Foreign Influence Transparency and Accountability Act — F-29.2 20
Payment of penalty 20 (1) If the person pays the penalty in accordance with the notice of violation, they are deemed to have committed the violation and proceedings in respect of it are ended. Decision — commission of violation (2) If the person makes representations in accordance with the notice, the Commissioner must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice, a lesser penalty or no penalty. Failure to pay or make representations (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commissioner may impose the penalty set out in the notice, a lesser penalty or no penalty. Notice of decision (4) The Commissioner must cause notice of any decision made under subsection (2) or (3) to be served on the person.
Foreign Influence Transparency and Accountability Act — F-29.2 21
Publication 21 (1) The Commissioner must make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed, if any. Reasons (2) In doing so, the Commissioner may include the reasons for their decision, including the relevant facts, analysis and considerations that formed part of it.
Foreign Influence Transparency and Accountability Act — F-29.2 22
Regulations 22 The Governor in Council may make regulations respecting the administrative monetary penalties scheme, including regulations respecting (a) the amount, or range of amounts, of the administrative monetary penalties that may be imposed; (b) the factors to be taken into account in relation to the imposition of an administrative monetary penalty; (c) compliance agreements; and (d) the individuals or classes of individuals who may exercise or perform any of the Commissioner’s powers, duties or functions in relation to the scheme, including the designation of such individuals or classes of individuals by the Commissioner.
Foreign Influence Transparency and Accountability Act — F-29.2 23
Contravention — subsection 5(1) or (2) or section 7 23 (1) Every person commits an offence if they contravene subsection 5(1) or (2) or section 7. Due diligence defence (2) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of section 7, if they establish that they exercised due diligence to prevent the commission of the offence.
Foreign Influence Transparency and Accountability Act — F-29.2 24
Obstruction 24 Every person commits an offence if they knowingly obstruct the Commissioner, or any person acting on the Commissioner’s behalf or under the Commissioner’s direction, in the conduct of any of the Commissioner’s powers, duties and functions under this Act.
Foreign Influence Transparency and Accountability Act — F-29.2 25
Punishment — sections 23 and 24 25 Every person who commits an offence under section 23 or 24 is liable (a) on conviction on indictment, to a fine of not more than $5 million or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years less a day, or to both.
Foreign Influence Transparency and Accountability Act — F-29.2 26
Rules 26 (1) The following rules apply to judicial review proceedings in respect of decisions made by the Commissioner under this Act: (a) the judge must provide the applicant and the Commissioner with an opportunity to be heard; (b) if the judge determines that evidence or other information provided by the Commissioner is not relevant or if the Commissioner withdraws evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the Commissioner; and (c) the judge must ensure the confidentiality of all evidence and other information that the Commissioner withdraws. Protection of information on appeal (2) Subsection (1) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in this section and to any further appeal, with any necessary modifications. Definition of judge (3) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
Foreign Influence Transparency and Accountability Act — F-29.2 27
Regulations 27 The Governor in Council may make regulations (a) specifying classes of individuals for the purposes the definition public office holder in section 2; (b) excluding classes of individuals from that definition; (c) specifying the information to be provided for the purposes of section 5; (d) respecting the updating of information for the purposes of subsection 5(2); (e) specifying classes of persons for the purposes of paragraph 6(1)(c) and classes of arrangements for the purposes of paragraph 6(2)(b); (f) specifying the classes of information to be contained in the registry referred to in section 8; (g) respecting the retention and disposal by the Commissioner of information contained in the registry referred to in section 8; (h) authorizing government institutions , as defined in section 3 of the Privacy Act , or entities specified in the regulations to disclose information to the Commissioner and any other individual referred to in subsection 11(1) for the purposes specified in the regulations; and (i) respecting the disclosure of information for the purposes of paragraph 15(e).
Foreign Influence Transparency and Accountability Act — F-29.2 28
Annual report 28 (1) The Commissioner must, within six months after the end of each fiscal year, submit to the Minister an annual report on the Commissioner’s activities during that year. Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it.
Foreign Influence Transparency and Accountability Act — F-29.2 29
Special reports 29 (1) The Commissioner may, at any time, submit a special report to the Minister on any matter that is within the scope of the Commissioner’s powers, duties and functions. Tabling in Parliament (2) The Minister must cause the special report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it.
Foreign Influence Transparency and Accountability Act — F-29.2 30
Consultation 30 (1) In preparing an annual or special report, the Commissioner must consult with the deputy heads concerned to ensure that it does not contain information whose disclosure would be injurious to international relations, national defence or national security. Definition of deputy head (2) In this section, deputy head has the same meaning as in section 2 of the National Security and Intelligence Review Agency Act .
Foreign Influence Transparency and Accountability Act — F-29.2 31
Review of Act 31 (1) During the first year after a general election, a comprehensive review of this Act and its operation must be undertaken by the committee of the Senate or of the House of Commons that is designated or established for that purpose. Report (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate or the House of Commons, as the case may be, authorizes — submit to the appropriate House a report on the review that includes a statement of any changes that the committee recommends.
Foreign Influence Transparency and Accountability Act — F-29.2 32
Response 32 The Minister must, no later than 120 days after the day on which the report referred to in subsection 31(2) is submitted, cause to be tabled in each House of Parliament a response that addresses each of the changes recommended in the report.
Foreign Influence Transparency and Accountability Act — F-29.2 33
Existing arrangements — federal processes 33 If, before the day on which paragraph 4(a) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day.
Foreign Influence Transparency and Accountability Act — F-29.2 34
Existing arrangements — provincial, territorial or municipal processes 34 If, before the day on which paragraph 4(b) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day.
Foreign Influence Transparency and Accountability Act — F-29.2 35
Existing arrangements — Indigenous processes 35 If, before the day on which paragraph 4(c) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day.
Foreign Missions and International Organizations Act — F-29.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Foreign Missions and International Organizations Act — F-29.4 1
Short title 1 This Act may be cited as the Foreign Missions and International Organizations Act .
Foreign Missions and International Organizations Act — F-29.4 2
Definitions 2 (1) In this Act, accredited mission means a permanent mission of a foreign state that is accredited to an international organization headquartered in Canada; ( mission accréditée ) international organization means an intergovernmental organization, whether or not established by treaty, of which two or more states are members, and includes an intergovernmental conference in which two or more states participate; ( organisation internationale ) political subdivision means any province, state, territory, dependency or any other similar subdivision of a state. ( subdivision politique ) Meaning of reasonable period and reasonable time (2) The expression (a) reasonable period in paragraph 2 of Article 9 of the Vienna Convention on Diplomatic Relations, set out in Schedule I, and (b) reasonable time in paragraph 2 of Article 23 of the Vienna Convention on Consular Relations, set out in Schedule II, shall be read as a reference to a period, not exceeding ten days, commencing on the day on which notice is given that a person is persona non grata or not acceptable. Meaning of reasonable period (3) The expression reasonable period in paragraphs 2 and 3 of Article 39 of the Vienna Convention on Diplomatic Relations and paragraphs 3 and 5 of Article 53 of the Vienna Convention on Consular Relations shall be read as a reference to a period, not exceeding ten days, commencing (a) in the cases of paragraph 2 of Article 39 and paragraph 3 of Article 53, on the day on which the functions of a person enjoying privileges and immunities have come to an end, which day shall be set out in a notice given to the Minister of Foreign Affairs by the foreign diplomatic mission or consular post with which the person was connected; and (b) in the cases of paragraph 3 of Article 39 and paragraph 5 of Article 53, on the day determined by the Minister of Foreign Affairs. Meaning of grave crime (4) The reference in paragraph 1 of Article 41 of the Vienna Convention on Consular Relations to a grave crime shall be construed as a reference to any offence created by an Act of Parliament for which an offender may be sentenced to imprisonment for five years or more. 1991, c. 41, s. 2; 1995, c. 5, s. 25; 2002, c. 12, s. 1
Foreign Missions and International Organizations Act — F-29.4
accredited mission means a permanent mission of a foreign state that is accredited to an international organization headquartered in Canada; ( mission accréditée )
Foreign Missions and International Organizations Act — F-29.4
international organization means an intergovernmental organization, whether or not established by treaty, of which two or more states are members, and includes an intergovernmental conference in which two or more states participate; ( organisation internationale )
Foreign Missions and International Organizations Act — F-29.4
political subdivision means any province, state, territory, dependency or any other similar subdivision of a state. ( subdivision politique )
Foreign Missions and International Organizations Act — F-29.4 3
Conventions on diplomatic relations and consular relations 3 (1) Articles 1, 22 to 24 and 27 to 40 of the Vienna Convention on Diplomatic Relations, and Articles 1, 5, 15, 17, 31 to 33, 35, 39 and 40, paragraphs 1 and 2 of Article 41, Articles 43 to 45 and 48 to 54, paragraphs 2 and 3 of Article 55, paragraph 2 of Article 57, paragraphs 1 to 3 of Article 58, Articles 59 to 62, 64, 66 and 67, paragraphs 1, 2 and 4 of Article 70 and Article 71 of the Vienna Convention on Consular Relations, have the force of law in Canada in respect of all foreign states, regardless of whether those states are parties to those Conventions. Limitation (2) Article 58 of the Vienna Convention on Consular Relations has effect as if it contained references to only those provisions of that Convention that are given the force of law by subsection (1).
Foreign Missions and International Organizations Act — F-29.4 5
s, witnesses and other persons required to be present at the seat of that Court shall have the privileges and immunities set out in article 48 of the Rome Statute, as defined in that subsection, and the agreement on privileges and immunities contemplated in that article. Retroactive order (1.1) An order made under paragraph (1)(b) or subsection 6(2) that has the effect of granting to an international organization or to an office of a political subdivision of a foreign state, as the case may be, any duty or tax relief privileges may, in relation to those privileges, if it so provides, be made retroactive. Duty and tax relief privileges — accredited missions (1.2) An order made under paragraph (1)(b.1) may restrict or withdraw any duty or tax relief privileges in relation to a particular accredited mission for the purpose of according to that accredited mission treatment that is comparable to the treatment accorded by the foreign state in question to a Canadian permanent mission that is accredited to an international organization in that foreign state. Retroactive order (1.3) An order made under paragraph (1)(b.1) that has the effect of granting to an accredited mission of the International Civil Aviation Organization any tax relief privileges in relation to Part IX of the Excise Tax Act may, in relation to those privileges, if it so provides, be made retroactive and have effect with respect to any period beginning on January 1, 1991 at the earliest and ending on December 31, 2000 at the latest. Recommendation (2) Every order under subsection (1) that has the effect of granting duty or tax relief privileges shall be made on the joint recommendation of the Minister of Foreign Affairs and the Minister of Finance. No tax exemption to Canadians residing in Canada (3) Nothing in any order made under subsection (1) exempts a Canadian citizen, residing or ordinarily resident in Canada, from liability for any taxes or duties imposed by any law in Canada. Immigration restrictions (4) In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act , the order prevails to the extent of the inconsistency or conflict. 1991, c. 41, s. 5; 1995, c. 5, s. 25; 2000, c. 24, s. 54; 2002, c. 12, ss. 3, 10
Foreign Missions and International Organizations Act — F-29.4 7
Premises 7 Everyone who represents any premises in Canada as a diplomatic mission or a consular post, or as an office of a political subdivision of a foreign state, where those premises do not constitute (a) a diplomatic mission established in accordance with Article 2 of the Vienna Convention on Diplomatic Relations, (b) a consular post established in accordance with paragraph 1 of Article 4 of the Vienna Convention on Consular Relations, or (c) an office of a political subdivision of a foreign state, as the case may be, commits an offence.
Foreign Missions and International Organizations Act — F-29.4 8
Punishment 8 Everyone who commits an offence under section 7 (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months, or to both; or (b) is guilty of an indictable offence and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years, or to both.
Foreign Missions and International Organizations Act — F-29.4 9
Consent of Attorney General of Canada required 9 Proceedings in respect of an offence under section 7 may not be instituted without the consent of the Attorney General of Canada.
Foreign Missions and International Organizations Act — F-29.4 10
Forfeiture on conviction 10 (1) Where a person has been convicted of an offence under section 7, the court may, in addition to any other punishment imposed, order that any thing or document by means of or in relation to which the offence was committed that was seized in connection with proceedings instituted with respect to that offence be forfeited to Her Majesty in right of Canada. Disposal of forfeited items (2) Any thing or document forfeited under subsection (1) may be disposed of in such manner as the Minister of Foreign Affairs may direct. 1991, c. 41, s. 10; 1995, c. 5, s. 25
Foreign Missions and International Organizations Act — F-29.4 10.1
Role of RCMP 10.1 (1) The Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of any intergovernmental conference in which two or more states participate, that is attended by persons granted privileges and immunities under this Act and to which an order made or continued under this Act applies. Powers of RCMP (2) For the purpose of carrying out its responsibility under subsection (1), the Royal Canadian Mounted Police may take appropriate measures, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances. For greater certainty (3) The powers referred to in subsection (2) are set out for greater certainty and shall not be read as affecting the powers that peace officers possess at common law or by virtue of any other federal or provincial Act or regulation. Arrangements (4) Subject to subsection (1), to facilitate consultation and cooperation between the Royal Canadian Mounted Police and provincial and municipal police forces, the Minister of Public Safety and Emergency Preparedness may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to ensuring the security for the proper functioning of a conference referred to in that subsection. 2002, c. 12, s. 5; 2005, c. 10, s. 34
Foreign Missions and International Organizations Act — F-29.4 11
Certificate of Minister of Foreign Affairs 11 A certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions shall be received in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate: (a) whether a diplomatic mission, a consular post or an office of a political subdivision of a foreign state has been established with the consent of the Government of Canada; (b) whether an organization or conference is the subject of an order under section 5; (c) whether a mission is accredited to an international organization; (d) whether any premises or archives are the premises or archives of an office of a political subdivision of a foreign state; or (e) whether any person, diplomatic mission, consular post, office of a political subdivision of a foreign state, international organization or accredited mission has privileges, immunities or benefits under this Act. 1991, c. 41, s. 11; 1995, c. 5, s. 25; 2002, c. 12, s. 6
Foreign Missions and International Organizations Act — F-29.4 11.1
Importation of alcohol 11.1 For greater certainty, (a) a person who, or a diplomatic mission, consular post, accredited mission or office of a political subdivision of a foreign state that, has privileges and immunities that are comparable to the privileges and immunities accorded under Article 36 of the Vienna Convention on Diplomatic Relations or Article 50 of the Vienna Convention on Consular Relations may, despite any provision of the Importation of Intoxicating Liquors Act , exercise those privileges and benefit from those immunities in respect of alcohol imported for their personal consumption or official use, as the case may be; and (b) an international organization that has privileges and immunities that are comparable to the privileges and immunities accorded under Section 7 of Article II of the Convention on the Privileges and Immunities of the United Nations may, despite any provision of the Importation of Intoxicating Liquors Act , exercise those privileges and benefit from those immunities in respect of alcohol imported for its official use. 2002, c. 12, s. 6
Foreign Missions and International Organizations Act — F-29.4 12
Regulations 12 (1) The Governor in Council may make such regulations and orders as are necessary for the purpose of giving effect to any of the provisions that have the force of law pursuant to section 3. Idem (2) The Governor in Council may make regulations (a) setting out the benefits that may be granted for the purposes of subsections 4(1) and 6(1); and (b) respecting the steps to be taken, and the times at which they are to be taken, for the purposes of compliance with Article 22 of the Vienna Convention on Diplomatic Relations and Article 59 of the Vienna Convention on Consular Relations.