Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment enacts the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights. It also proposes related amendments to the Special Economic Measures Act and to the Immigration and Refugee Protection Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Votes

Oct. 4, 2017 Passed 3rd reading and adoption of Bill S-226, An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act

June 22nd, 2017 / 9:10 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I move that Bill S-226 in clause 17 be amended by (a) replacing line 37 on page 10 with the following:

17(1) Subsection 35.1 of the Immigration and

Also I move that clause 17 be amended by (b) replacing lines 1 to 4 on page 11 with the following:

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

Moving on, Mr. Chair, in proposed paragraph (e), which begins with “being a”, the following is to be included, “person other than a permanent resident”, and after the word “is”, the words “currently the” should be added, and then after the word “subject”, the word “of”.

It continues. I also propose that clause 17 be amended by (c) adding after line 7 on page 11 the following:

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

Clarification

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

June 22nd, 2017 / 9:10 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

That's right. This is longer so I'll do it as I've been doing it for the longer sections, which is that Bill S-226 in clause 16 be amended by replacing lines 9 to 36 on page 10 with the following, and the section to pay attention to here is proposed paragraph 1.1(d). In the first line, the word “national” is to be included next to the word “a”. Right after the word “state”, the following words are to be included: “who is either a foreign public official, within the meaning of section 2 of the Corruption of Foreign Public Officials Act”.

On the third line, next to the word “the”, the word “misappropriation” is to be included, and on the fourth line, next to the word “foreign”, the word “states”. Following on, next to the word “or”, the following is to be included: “any act of”.

In the next line, next to the word “resources” and the hyphen, the following is to be included: “which amounts to acts of”. A couple of words over, next to the word “significant”, the following is to be included: “corruption when taking into consideration, among other things, their impact”, and, next to the word “the”, the words “amounts involved”.

Following on after the word “the” in the second-last line “foreign national's influence” is to be added. Then there's a space there, where the word “or” is, and the word “position” is to be included, and next to the word “of”, the word “authority” is to be included. Then, next to the word “the”, the word “complicity” is to be included. Finally, it ends with “the government of the foreign state in question in the acts”.

June 22nd, 2017 / 9:05 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I'd like to speak to that, Mr. Chair.

I move that Bill S-226, in clause 16, be amended by replacing lines 21 to 23 on page 9 with the following:

I'll just read it out:

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

It's short enough to be read out as a whole.

June 22nd, 2017 / 9:05 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Mr. Chair, on clause 15, I move that Bill S-226 in clause 15 be amended by replacing lines 10 to 17 on page 9 with the following. For efficiency, I'll just read in the words.

Under the term “Review” in this paragraph, in the second line, the second word should be “may”. Moving a few words over, between the words “review” and “the”, the word “concerning” should be included.

In the third line, between the words “report to” and “together” the words “the appropriate House” following should be included. Between the words “recommendations” and “to” the word “as” should be included, and between the words “to” and “foreign”, “whether those” should be included.

Finally, in the last line, next to the word “nationals” the following should be included: “should remain, or no longer be, the subject of that order or regulation”.

June 22nd, 2017 / 9:05 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

That's right. I move that Bill S-226 in clause 10, be amended by adding after line 8 on page 8 the following:

Offences

Offence and Punishment

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

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

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

June 22nd, 2017 / 9:05 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I move that Bill S-226in clause 10 be amended by (a) replacing lines 26 on page 7 with the following, under “Reasonable expenses”, in subclause 10(1) the term “A foreign national” should be included.

Further down the page, under “Delay”, I'll read in the full change:

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

June 22nd, 2017 / 9 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I'd like to speak to that, Mr. Chair.

I move that clause 9 in Bill S-226 be amended by replacing lines 19 to 25 on page 7 with the following.

Under “Mistaken Identity”, the first word in the paragraph should be “Any”. Next to the word “person”, the following should be included: “in Canada or any Canadian outside Canada whose name is the same as or similar to the name of a foreign national”. Toward the end of line 21, “if they claim” should be included in between the words “may” and “not”. The word “that” should be included at the end of line 21, and the third-last word in the line should be “that”.

Under “Determination by Minister”, line 24 should begin:

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

Moving on, proposed paragraph 9(2)(a) would begin with the following: “if he or she is satisfied”. The amendment would also add these words: “applicant”; “the”; and “the”.

June 22nd, 2017 / 9 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I'd like to speak to that, Mr. Chair.

I move that clause 8 of Bill S-226 be amended by replacing lines 6 to 18 on page 7, and the heading before clause 8 on page 7, with the following:

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

Under this part, the amendment would insert the phrase “foreign national”.

Under “Recommendation”, the amendment would insert a number of phrases, including, “On receipt of the application”; “decide whether there are”; “be amended” and “repealed”; “ceases to be”; and “it.”

I believe everything else stays the same. I can read further, if you like.

June 22nd, 2017 / 8:55 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Okay. I move that Bill S-226 be amended by adding after line 5 on page 7 the following:

Duty to disclose — supervising and regulating agencies

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

Duty to disclose — RCMP or CSIS

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

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

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

Immunity

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

June 22nd, 2017 / 8:55 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I move that Bill S-226, in clause 4, be amended by adding, after line 37 on page 5, the following:

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

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

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

Ministerial permit

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

Revocation, etc.

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

June 22nd, 2017 / 8:50 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I propose that Bill S-226 in clause 4 be amended by replacing lines 36 and 37 on page 5 to include the words “any other”, “to, for the benefit of or on the direction or order”.

I can read the whole thing, but perhaps this is more efficient.

June 22nd, 2017 / 8:50 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Yes, there are, Mr. Chair.

I propose that Bill S-226 in clause 4 be amended by (a) replacing lines 13 to 15 on page 4 with the following:

Orders and regulations

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

I also propose that clause 4 be amended by (b) replacing lines 18 and 19 on page 4 with the following:

referred to in subsection (3) in relation to a foreign national that the Governor in Council considered

I also propose (c) replacing line 29 on page 4 with the following.... I'm guessing at the photocopying here.

June 22nd, 2017 / 8:50 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I propose that Bill S-226 in clause 2 be amended by deleting lines 8 to 10 on page 4.

June 22nd, 2017 / 8:50 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I propose that Bill S-226 in clause 2 be amended by replacing, in the French version, line 34 on page 3 with the following:

étranger Individu autre :

June 22nd, 2017 / 8:50 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

I propose that Bill S-226 in clause 2 be amended by deleting lines 6 and 7 on page 4.

(Amendment agreed to)