Bill C-353: An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act

Short Title Short title 1 This Act may be cited as the Foreign Hostage Takers Accountability Act . Interpretation Definitions 2 (1) The following definitions apply in this Act. Canadian corporation  means a corporation incorporated or continued by or under the laws of Canada or of a province. ( personne morale canadienne ) Canadian national  means a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act . ( ressortissant canadien ) eligible protected person  means an individual who is a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act and who has not been determined to be inadmissible under that Act on security grounds, on grounds of violating human or international rights or on grounds of serious criminality, criminality or organized criminality. ( personne protégée admissible ) entity  means, other than in the definition State or entity , a corporation, trust, partnership, fund, or unincorporated association or organization. ( entité ) foreign national  means an individual who is not (a) a Canadian national; or (b) a national of a State or entity with which Canada is party to an extradition agreement as defined in section 2 of the Extradition Act or whose name is set out in the schedule to that Act. ( étranger ) foreign state  means a country other than Canada, and includes any of its political subdivisions, its government and any of its departments, the government or any department of any of its political subdivisions, any of its agencies and any agency of any of its political subdivisions, but does not include a State or entity with which Canada is party to an extradition agreement as defined in section 2 of the Extradition Act or whose name is set out in the schedule to that Act. ( État étranger ) hostage taking  has the meaning assigned by subsection 279.1(1) of the Criminal Code . ( prendre en otage ) judge  means a judge of a superior court of the province where property described in an order made under paragraph 5(1)(b) is situated. ( juge ) Minister  means the Minister of Foreign Affairs. ( ministre ) person  means, other than in the definition eligible protected person , an individual, entity or foreign state. ( personne ) property  means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency. ( bien ) State or entity  has the same meaning as in section 2 of the Extradition Act . ( État ou entité ) Arbitrary detention in state-to-state relations (2) For the purposes of this Act, an individual is arbitrarily detained in state-to-state relations when a person arbitrarily arrests or detains the individual to compel action from, or exercise leverage over, a foreign government. His Majesty Binding on His Majesty 3 This Act is binding on His Majesty in right of Canada or a province. Purposes of Act Purposes 4 The purposes of this Act are (a) to enable the Government of Canada to take restrictive measures against foreign nationals, foreign states or foreign entities that engage in hostage taking or arbitrary detention in state-to-state relations of Canadian nationals or eligible protected persons outside Canada; (b) to ensure that families of such hostages and detained individuals receive timely information and assistance; and (c) to encourage individuals to cooperate with the Government of Canada to secure the release of such hostages and detained individuals. Restrictive Measures Orders and Regulations Orders and regulations 5 (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, (a) make any orders or regulations that the Governor in Council considers necessary with respect to the restriction or prohibition of any of the activities referred to in subsection (3) in relation to a foreign national, foreign state or foreign entity; and (b) by order, cause to be seized or restrained in the manner set out in the order, any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by the foreign national, foreign state or foreign entity. Circumstances (2) The circumstances referred to in subsection (1) are the following: (a) a foreign national, foreign state or foreign entity is responsible for, or complicit in, the hostage taking or the arbitrary detention in state-to-state relations of a Canadian national or eligible protected person outside Canada; or (b) a foreign national, foreign state or foreign entity has materially assisted, sponsored, or provided financial, material or technological support for, or goods or services in support of, the hostage taking or the arbitrary detention in state-to-state relations of a Canadian national or eligible protected person outside Canada. Restricted or prohibited activities (3) 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: (a) the dealing, directly or indirectly, by any person in Canada or by any Canadian national or Canadian corporation outside Canada in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by that foreign national, foreign state or foreign entity, any person in that foreign state or a national of that foreign state who does not ordinarily reside in Canada; (b) the entering into or facilitating, directly or indirectly, by any person in Canada or by any Canadian national or Canadian corporation outside Canada, of any financial transaction related to a dealing referred to in paragraph (a); (c) the provision by any person in Canada or by any Canadian national or Canadian corporation outside Canada of financial services or any other services to, for the benefit of or on the direction or order of the foreign national, foreign state or foreign entity; (d) the acquisition by any person in Canada or by any Canadian national or Canadian corporation outside Canada of financial services or any other services for the benefit of or on the direction or order of the foreign national, foreign state or foreign entity; and (e) the making available by any person in Canada or by any Canadian national or Canadian corporation outside Canada of any property, wherever situated, to the foreign national, foreign state or foreign entity or to a person acting on behalf of the foreign national, foreign state or foreign entity. Cessation of effect (4) Orders and regulations made under paragraph (1)(a) must specify the day on which they cease to have effect. Regulations 6 (1) The Governor in Council may make regulations (a) authorizing the Minister to (i) issue to any person in Canada or to any Canadian national or Canadian corporation 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 (ii) issue a general permit allowing any person in Canada or any Canadian national or Canadian corporation outside Canada to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act; and (b) establishing conditions for the issuance of those permits. Terms and conditions (2) A permit may include terms and conditions that are consistent with this Act and the orders and regulations made under it. Revocation, etc. (3) The Minister may amend, suspend, revoke or reinstate any permit issued under regulations made under subsection (1). Provision of information 7 The Minister may require any person to provide to the Minister, within the time and in the form and manner specified, any information that, in the Minister’s opinion, is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 5(1). Forfeiture Orders Forfeiture 8 (1) On application by the Minister, a judge must order that the property that is the subject of the application be forfeited to His Majesty in right of Canada if the judge determines, based on the evidence presented, that the property (a) is described in an order made under paragraph 5(1)(b); and (b) is owned by the foreign national, foreign state or foreign entity referred to in that order or is held or controlled, directly or indirectly, by that foreign national, foreign state or foreign entity. Notice (2) Before making the order, the judge must require notice to be given to any person who, in the judge’s opinion, appears to have an interest in or right to the property, and the judge may hear any such person. Manner of giving notice (3) The notice must (a) be given in the manner that the judge directs or that may be specified in the rules of the court; (b) specify the period that the judge considers reasonable or that may be set out in the rules of the court during which a person may, before the order is made, make an application to the judge asserting their interest in or right to the property; and (c) set out a description of the property. Application by person (4) Any person — other than a foreign national, foreign state or foreign entity described in paragraphs 5(2)(a) or (b) — who claims an interest in or right to property that is forfeited to His Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right. Not a Crown corporation 9 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act . Payment out of Proceeds Account 10 After consulting with the Minister of Finance, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account , as defined in section 2 of the Seized Property Management Act , amounts not exceeding the net proceeds from the disposition of property forfeited under section 8, but only to compensate hostages or detained individuals referred to in subsection 5(2) or, if deceased, their estates or successions. Tabling in Parliament Order or regulation 11 The Minister must cause a copy of each order or regulation made under paragraph 5(1)(a) to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the order or regulation is made. Termination of Order or Regulation Application — termination of order or regulation 12 (1) A foreign national, foreign state or foreign entity that is the subject of an order or regulation made under paragraph 5(1)(a) may apply in writing to the Minister to cease being the subject of the order or regulation. Application — property (2) A foreign national, foreign state or foreign entity whose property is the subject of an order made under paragraph 5(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time in writing to the Minister to request that the property cease being the subject of the order made under that paragraph. Reasonable grounds (3) 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 or their property ceases to be the subject of it. Criteria (4) In deciding whether there are reasonable grounds to make the recommendation, the Minister must consider whether any of the following circumstances apply: (a) there is evidence that the applicant did not engage in the activity in response to which the order or regulation was made; (b) the applicant is or has been prosecuted or convicted for that activity; (c) the applicant released the hostage or detained individual or assisted in efforts to procure their release; (d) it is in the interest of national security that the order or regulation be amended or repealed. Time limit (5) The Minister must make a decision on the application within 90 days after the day on which the Minister receives it. Notice if application rejected (6) The Minister must give notice without delay to the applicant of any decision to reject the application. New application (7) If there has been a material change in the applicant’s circumstances since their last application under subsection (1) was submitted, they may submit another application. Reasonable expenses 13 (1) A foreign national who is the subject of an order or regulation made under section 5 may apply to the Minister in writing for a certificate to exempt property from the application of the order or regulation if the property is necessary to meet the reasonable expenses of the applicant and their dependents. Certificate (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. Time limit (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 Minister receives the application. Offences Offence and punishment 14 Every person who knowingly contravenes or knowingly fails to comply with an order or regulation made under section 5 (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. General No civil liability 15 A person that, in relation to any property that is the subject of an order or regulation made under section 5, acts reasonably in taking, or omitting to take, measures to comply with the order or regulation is not liable in any civil action arising from having taken or omitted to take the measures if they took all reasonable steps to satisfy themselves that the property was property that is the subject of the order or regulation. Ranking 16 All secured and unsecured rights and interests in any property that is the subject of an order made under subsection 5(1)(b) that are held by a person, other than the foreign national, foreign state or foreign entity that is the subject of the order, are entitled to the same ranking that they would have been entitled to had the order not been made unless the property is forfeited to His Majesty in right of Canada under section 8. Costs 17 Any costs incurred by or on behalf of His Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 5(1)(b) or the disposal of property forfeited under section 8 are the liability of the owner of the property and constitute a debt due to His Majesty in right of Canada that may be recovered in any court of competent jurisdiction. Proceedings not precluded 18 The making of an order or regulation under section 5 does not preclude the commencement of proceedings under any Act of Parliament other than this Act, or any civil proceedings, in respect of any property that is the subject of the order or regulation. Mistaken identity 19 (1) Any individual 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 5 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. Determination by Minister (2) Within 45 days after the day on which the application is received, the Minister must (a) if the Minister is satisfied that the applicant is not the foreign national, issue the certificate to the applicant; or (b) if the Minister is not so satisfied, provide a notice to the applicant of the determination. Assistance to Families Assistance to families 20 The Minister must provide timely information and assistance to the families of Canadian nationals or eligible protected persons who are taken hostage or arbitrarily detained in state-to-state relations outside Canada by foreign nationals, foreign states or foreign entities, including by (a) providing advice and guidance to families; (b) directing families to appropriate supports and services, including mental health resources; and (c) facilitating communications, when appropriate, among the foreign nationals, foreign states or foreign entities, the families and the hostages or detained individuals. Programs to Encourage Cooperation Programs 21 (1) The Minister may, in cooperation with the Minister of Citizenship and Immigration, establish and implement programs designed to encourage individuals to cooperate with the Government of Canada to secure the release of Canadian nationals and eligible protected persons who are held hostage or arbitrarily detained in state-to-state relations outside Canada. Monetary reward (2) If an individual provides critical information leading to the release and repatriation of a hostage or detained individual, the Minister may pay a monetary reward to the individual who provides that information in an amount and manner determined by the Minister. Review and Reports Report on implementation 22 (1) The Minister must, after the end of each fiscal year, prepare a report on the implementation of this Act, including (a) summary information about Canadian nationals and eligible protected persons being held hostage or arbitrarily detained in state-to-state relations outside Canada by foreign nationals, foreign states or foreign entities; and (b) information on the effectiveness of orders and regulations made under section 5 and programs established under section 21. Tabling in Parliament (2) The Minister must cause a copy of the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Review of Act 23 (1) Within 10 years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose. Report (2) The committee must, within a year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorize — submit a report on the review to the appropriate House, or in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends. Related Amendments 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 24 The definition foreign state in subsection 2(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: foreign state , except for the purposes of paragraph 11.11(1)(b.4) and Part 2, means a country other than Canada and includes any political subdivision or territory of a foreign state. ( État étranger ) 25 Subsection 11.11(1) of the Act is amended by adding the following after paragraph (b.3): (b.4) a foreign national , foreign state or entity , as those terms are defined in section 2 of the Foreign Hostage Takers Accountability Act , that is subject to an order or regulation made under paragraph 5(1)(a) of that Act, or whose property is the subject of an order made under paragraph 5(1)(b) of that Act; 2001, c. 27 Immigration and Refugee Protection Act 26 Subsection 25.1(2) of the Immigration and Refugee Protection Act is replaced by the following: Release and repatriation (1.1) The Minister may, on the recommendation of the Minister of Foreign Affairs, examine the circumstances concerning a foreign national and their family members who are inadmissible — other than under section 34, 35 or 37 — or who do not meet the requirements of this Act and may grant the foreign national and their family members permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national provides critical information leading to the release and repatriation of a Canadian national or eligible protected person , as those terms are defined in section 2 of the Foreign Hostage Takers Accountability Act , who is held hostage or arbitrarily detained in state-to-state relations in circumstances described in subsection 5(2) of that Act. Exemption (2) The Minister may exempt the foreign national and their family members, if applicable , from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1) or (1.1) . 27 Paragraph 35(1)(e) of the Act is replaced by the following: (e) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or section 5 of the Foreign Hostage Takers Accountability Act .