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Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

6. Subsection 11(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism or its terrorist activity.

  • 7. (1) Paragraph 12(1)(b) of the Act is replaced by the following:

    • (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism or engage in terrorist activity;

  • (2) Subsection 12(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

    • (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism or its terrorist activity and to property other than property that has cultural or historical value.

8. The Act is amended by adding the following after section 12:

Marginal note:Assistance for judgment creditors

  • 12.1 (1) At the request of any party in whose favour a judgment is rendered against a foreign state in proceedings referred to in section 6.1, the Minister of Finance or the Minister of Foreign Affairs may, within the confines of his or her mandate, assist, to the extent that is reasonably practical, any judgment creditor in identifying and locating the following property, unless the Minister of Foreign Affairs believes that to do so would be injurious to Canada’s international relations or either Minister believes that to do so would be injurious to Canada’s other interests:

    • (a) in the case of the Minister of Finance, the financial assets of the foreign state that are held within Canadian jurisdiction; and

    • (b) in the case of the Minister of Foreign Affairs, the property of the foreign state that is situated in Canada.

  • Marginal note:Disclosure of information

    (2) In exercising the power referred to in subsection (1), the Minister of Finance or the Minister of Foreign Affairs, as the case may be, may not disclose

    • (a) information that was produced in or for a government institution, without the authorization of the government institution; and

    • (b) information produced in circumstances other than those referred to in paragraph (a), without the authorization of the government institution that first received the information.

  • Definition of “government institution”

    (3) In subsection (2), “government institution” means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister is accountable to Parliament.