C-219 · Sergei Magnitsky International Anti-Corruption and Human Rights Act

1This Act may be cited as the Sergei Magnitsky International Anti-Corruption and Human Rights Act .

2Section 10 of the Department of Foreign Affairs, Trade and Development Act is amended by adding the following after subsection (3): (4) In exercising the powers and performing the duties and functions set out in this Act in respect of the conduct of the external affairs of Canada, the Minister must publish, at least once every calendar year, a report that includes (a) an outline of the measures that the Government of Canada has taken to advance human rights internationally as part of Canada’s foreign policy; (b) a list that sets out the following information relating to prisoners of conscience for whose release the Government of Canada is actively working: (i) the number of prisoners of conscience detained by each foreign state , within the meaning of section 2 of the Sergei Magnitsky Global Sanctions Act or section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) , which detain such prisoners, (ii) the names of the prisoners of conscience, (iii) the circumstances of the detentions, (iv) the efforts that the Government of Canada has made to visit those prisoners and to attend their trials or hearings, including the number of requests made for such visits and the responses of the foreign state, and (v) other actions taken by the Government of Canada to support prisoners of conscience, including those detained or experiencing treatment in contravention to human rights standards; and (c) a description of the Government of Canada’s communications with the families of prisoners of conscience and its consultations with civil society on matters of human rights. Information not to be included (5) In preparing the list referred to in paragraph (4)‍(b), the Minister must make all reasonable efforts to consult with family members or representatives of the prisoners of conscience and may decide not to include certain information in the list if a person consulted by the Minister requests that the information not be included, or the Minister is satisfied that not including it would be in the best interests of the advancement of human rights or the personal safety of the prisoner. Definition of prisoner of conscience (6) In this section, prisoner of conscience means an individual who, in contravention of international human rights standards, has been detained or otherwise physically restricted solely because of their identity or their conscientiously held beliefs, including religious or political beliefs.

3Section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is amended by adding the following in alphabetical order: transnational repression means tactics used by a foreign state to intimidate, harass, surveil or threaten individuals or groups located outside the state borders or physically harm such individuals or members of such groups, including elected officials, political dissidents, human rights defenders, exiled journalists, diaspora communities, civil society activists and refugees, for the purpose of silencing dissent and stifling activism. ( répression transnationale )

4Subsection 4(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) a foreign national has committed transnational repression as an agent of or on behalf of a foreign state.

5The Act is amended by adding the following after section 4: 4.01 (1) A visa or other document must not be issued under the Immigration and Refugee Protection Act to an immediate family member of a foreign national who is the subject of an order or regulation made under section 4. Exemption (2) Subsection (1) does not apply if the Minister has reasonable grounds to believe that the immediate family member did not receive any material or financial benefit from the foreign national.

6Section 4.4 of the Act is replaced by the following: 4.4 (1) Within 12 months of the seizure or restraint of property under an order made under paragraph 4(1)(b), the Minister must apply for forfeiture of the property under section 4.2. Disposal (2) The minister must dispose of the property forfeited within 30 days of the forfeiture.

7(1) Section 5 of the Act is replaced by the following: 5 ( 1 ) A copy of each order or regulation made under paragraph 4(1)(a) or (b) must be tabled in each House of Parliament within 15 days after it is made. It may be sent to the Clerk of the House if the House is not sitting. Statement (2) Every order or regulation must be accompanied by a statement that indicates the evidence or criteria used to make the order or regulation, the enforcement measures taken against the foreign national — including whether these measures were taken in coordination with ally countries — and the number of properties seized or restrained by order.

5.1(1) If a motion adopted by a committee of the Senate, of the House of Commons or of both Houses of Parliament recommends that an order or regulation be considered or made under section 4 in relation to a foreign national, the Minister must prepare a response advising the committee whether or not the order or regulation has been made and setting out the reasons for the decision. Tabling of response (2) The response must be tabled in the Senate or the House of Commons or in both Houses of Parliament, as the case may be, within the timeline specified in the rules of the Senate or the Standing Orders of the House of Commons for responses to committee reports and must be posted in a prominent location on the website of the Department of Foreign Affairs, Trade and Development on the day after it is tabled. Prorogation or dissolution (3) If Parliament is prorogued before the response is tabled, the Minister must post the response in a prominent location on the website of the Department of Foreign Affairs, Trade and Development within the time limit referred to in subsection (2) regarding the tabling of the response. If Parliament is prorogued or dissolved before the response is tabled, the response must be tabled as soon as feasible after the commencement of the next session of Parliament.

8Section 7.2 of the Act is amended by adding the following after subsection (2): (3) If the Commissioner of the Royal Canadian Mounted Police has reasonable grounds to believe, including based on information provided by the public, that a foreign national should be the subject of an order or regulation made under section 4, the Commissioner must provide the Minister with any information that is relevant to the making, administration or enforcement of the order or regulation. Making, administration and enforcement of order or regulation (4) Within 30 days after receiving the information under subsection (3), the Minister must recommend to the Governor in Council whether or not the order or regulation is to be made, administered and enforced.

9Section 7.21 of the Act is renumbered as subsection 7.21(1) and is amended by adding the following: (2) If the Financial Transactions and Reports Analysis Centre of Canada has reasonable grounds to believe, including based on information provided by the public, that a foreign national should be the subject of an order or regulation made under section 4, it must provide the Minister with any information that is relevant to the making, administration or enforcement of the order or regulation. Making, administration and enforcement of order or regulation (3) Within 30 days after receiving the information under subsection (2), the Minister must recommend to the Governor in Council whether or not the order or regulation is to be made, administered and enforced.

10The long title of the Special Economic Measures Act is replaced by the following: An Act to provide for the imposition of economic measures against a person, entity or foreign state for grave breaches of international peace and security, gross and systematic human rights violations or acts of significant corruption

11Section 1 of the Act is replaced by the following: 1 This Act may be cited as the Sergei Magnitsky Global Sanctions Act .

12Section 2 of the Act is amended by adding the following in alphabetical order: transnational repression means tactics used by a foreign state to intimidate, harass, surveil or threaten individuals or groups located outside the state borders or to physically harm such individuals or members of such groups, including elected officials, political dissidents, human rights defenders, exiled journalists, diaspora communities, civil society activists and refugees, for the purpose of silencing dissent and stifling activism. ( répression transnationale )

13(1) Paragraph 4(1.1)(a) of the Act is replaced by the following: (a) an international organization of states or association of states, of which Canada is a member, including the Five Eyes intelligence alliance and the North Atlantic Treaty Organization , has made a decision or a recommendation or adopted a resolution calling on its members to take economic measures against a foreign state; (2) Paragraph 4(1.1)(c) of the Act is replaced by the following: (c) transnational repression or gross and systematic human rights violations have been committed in a foreign state; or

14The Act is amended by adding the following after section 4: 4.1 (1) A visa or other document must not be issued under the Immigration and Refugee Protection Act to immediate family members of a person who is the subject of an order or regulation made under section 4. Exemption (2) Subsection (1) does not apply if the Minister has reasonable grounds to believe that the immediate family member did not receive any material or financial benefit from the person.

15Section 5.6 of the Act is replaced by the following: 5.6 (1) Within 12 months of the seizure or restraint of property under an order made under paragraph 4(1)(b), the Minister must apply for forfeiture of the property under section 5.4. Disposal (2) The minister must dispose of the property forfeited within 30 days of the forfeiture.

16Section 6.2 of the Act is amended by adding the following after subsection (2): (3) If the Commissioner of the Royal Canadian Mounted Police has reasonable grounds to believe, including based on information provided by the public, that a foreign state or person should be the subject of an order or regulation made under section 4, the Commissioner must provide the Minister with any information that is relevant to the making, administration or enforcement of the order or regulation. Making, administration and enforcement of order or regulation (4) Within 30 days after receiving the information under subsection (3), the Minister must recommend to the Governor in Council whether or not the order or regulation is to be made, administered and enforced.

17Section 6.21 of the Act is renumbered as subsection 6.21(1) and is amended by adding the following: (2) If the Financial Transactions and Reports Analysis Centre of Canada has reasonable grounds to believe, including based on information provided by the public, that a foreign state or person should be the subject of an order or regulation made under section 4, it must provide the Minister with any information that is relevant to the making, administration or enforcement of the order or regulation. Making, administration and enforcement of order or regulation (3) Within 30 days after receiving the information under subsection (2), the Minister must recommend to the Governor in Council whether or not the order or regulation is to be made, administered and enforced.

18Subsection 7(1) of the Act is replaced by the following: 7 (1) Every order and regulation made under paragraph 4(1)(a) or (b) shall be laid before each House of Parliament by a member of the King’s Privy Council for Canada within five sitting days of that House after it is made. Statement (1.1) Every order or regulation referred to in subsection (1) must be accompanied by a statement that indicates the evidence or criteria used to make the order or regulation, the enforcement measures taken against the foreign states or persons — including whether these measures were taken in coordination with ally countries — and the number of properties seized or restrained by order.

19Paragraph 8(a) of the Act is replaced by the following: (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding three years , or to both; or

20The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following: 10 (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document is admissible in evidence in a prosecution under this Act in relation to any dealing with respect to goods, or services rendered in relation to these goods , where it appears from the document that

21(1) Every reference to the “ Special Economic Measures Act ” is replaced by a reference to the “ Sergei Magnitsky Global Sanctions Act ” in the following provisions: (a) paragraph 13(3)‍(d) of the Seized Property Management Act ; (b) in the Proceeds of Crime (Money Laundering) and Terrorist Financing Act : (i) the definition sanctions evasion offence in subsection 2(1), (ii) paragraph 7.1(1)(c), (iii) paragraph 11.‍11(1)‍(b.‍1), (iv) paragraph 39.27(3)(h), (v) section 39.28, and (vi) paragraph 55(3)(h); (c) paragraphs 35.1(1)(a) and (b) of the Immigration and Refugee Protection Act ; (d) paragraph 6(2)‍(d) of the International Interests in Mobile Equipment (aircraft equipment) Act ; (e) subsection 20(1) of the Freezing Assets of Corrupt Foreign Officials Act ; (f) in the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) : (i) the long title, (ii) the preamble, and (iii) subsection 16(1); and (g) paragraphs 27(3.1)(a) and (b) of the Online News Act . Other references — Acts (2) Unless the context requires otherwise, every reference to the “ Special Economic Measures 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 “ Sergei Magnitsky Global Sanctions Act ”.

22(1) Every reference to the “ Special Economic Measures Act ” is replaced by a reference to the “ Sergei Magnitsky Global Sanctions Act ” in the following provisions: (a) paragraph (c) of the definition listed person or entity in subsection 1(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Suspicious Transaction Reporting Regulations ; (b) in the Special Economic Measures (Myanmar) Regulations : (i) paragraph 3.1(f), and (ii) subsection 15(2); (c) subsection 10(2) of the Special Economic Measures (Zimbabwe) Regulations ; (d) subsection 10(2) of the Special Economic Measures (Iran) Regulations ; (e) in the Regulations Implementing the United Nations Resolutions and Imposing Special Economic Measures on Libya : (i) subsection 2(2), and (ii) subsection 24(2); (f) subsection 6(2) of the Special Economic Measures (Syria) Regulations ; (g) paragraph 4(1)‍(c) of the General Export Permit No. 45 — Cryptography for the Development or Production of a Product ; (h) paragraph 3(1)‍(c) of the General Export Permit No. 46 — Cryptography for Use by Certain Consignees ; (i) subsection 7(2) of the Special Economic Measures (Russia) Regulations ; (j) subsection 7(2) of the Special Economic Measures (Ukraine) Regulations ; (k) subsection 7(2) of the Special Economic Measures (South Sudan) Regulations ; (l) paragraph 3(1)‍(c) of the General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations ; (m) subsection 7(2) of the Special Economic Measures (Venezuela) Regulations ; (n) subsection 7(2) of the Special Economic Measures (Nicaragua) Regulations ; (o) subsection 7(2) of the Special Economic Measures (Belarus) Regulations ; (p) subsection 7(2) of the Special Economic Measures (People’s Republic of China) Regulations ; (q) subsection 7(2) of the Special Economic Measures (Haiti) Regulations ; (r) subsection 7(2) of the Special Economic Measures (Sri Lanka) Regulations ; (s) subsection 7(2) of the Special Economic Measures (Moldova) Regulations ; (t) in the Special Economic Measures (Guatemala) Regulations : (i) paragraph 4(f), and (ii) subsection 7(2); (u) in the Special Economic Measures (Hamas Terrorist Attacks) Regulations : (i) paragraph 4(f), and (ii) subsection 7(2); (v) in the Special Economic Measures (Sudan) Regulations : (i) paragraph 4(f), and (ii) subsection 7(2); and (w) in the Special Economic Measures (Extremist Settler Violence) Regulations : (i) paragraph 4(f), and (ii) subsection 7(2). Other references — regulations (2) Unless the context requires otherwise, every reference to the “ Special Economic Measures 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 (1), is to be read as a reference to the “ Sergei Magnitsky Global Sanctions Act ”.

23The Broadcasting Act is amended by adding the following after subsection 22(1): (1.1) No licence shall be issued or renewed under this Part in relation to a broadcasting undertaking, including one that distributes foreign programming that is — despite any measure that the Commission could take under this Part — vulnerable to being significantly influenced by a foreign national or entity (a) that has committed acts or omissions that the Senate or the House of Commons has recognized as genocide; or (b) that is 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 4 of the Sergei Magnitsky Global Sanctions Act .

24Section 24 of the Act is amended by adding the following after paragraph (3): (4) Despite subsection (1), the licence of a broadcasting undertaking referred to in subsection 22(1.1) must be revoked immediately.