Short Title

Marginal note:Short title

1 This Act may be cited as the Witness Protection Program Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Commissioner

Commissioner means the Commissioner of the Force; (commissaire)

designated program

designated program means a provincial or municipal program that is set out in the schedule; (programme désigné)

designated program protectee

designated program protectee means a person who is receiving protection under a designated program; (bénéficiaire d’un programme désigné)

federal security, defence or safety organization

federal security, defence or safety organization means a federal department, agency or service that has a mandate relating to national security, national defence or public safety matters; (organisation fédérale de sécurité ou de défense)

Force

Force means the Royal Canadian Mounted Police; (Gendarmerie)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

Program

Program means the Witness Protection Program established by section 4; (programme)

protected person

protected person means a current or former protectee or a current or former designated program protectee; (personne protégée)

protectee

protectee means a person who is receiving protection under the Program; (bénéficiaire)

protection

protection may include relocation, accommodation and change of identity as well as counselling and financial support for those or any other purposes in order to ensure the security of a person or to facilitate the person’s re-establishment or becoming self-sufficient; (protection)

protection agreement

protection agreement means an agreement referred to in paragraph 6(1)(c) that applies in respect of a protectee; (accord de protection)

provincial official

provincial official means, with respect to a designated program, the official designated under subsection 10.1(2) or (3); (fonctionnaire provincial)

substantial harm

substantial harm means any injury, whether physical or psychological, that interferes in a substantial way with a person’s health or well-being; (préjudice sérieux)

witness

witness means

• (a) a person who has given or has agreed to give information or evidence, or participates or has agreed to participate in a matter, relating to an inquiry or the investigation or prosecution of an offence and who may require protection because of risk to the security of the person arising in relation to the inquiry, investigation or prosecution,

• (b) a person who has assisted or has agreed to assist a federal security, defence or safety organization and who may require protection because of a risk to his or her security arising in relation to the assistance, or

• (c) a person who, because of their relationship to or association with a person referred to in paragraph (a) or (b), may also require protection for the reasons referred to in that paragraph. (témoin)

Her Majesty

Marginal note:Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada or a province.

Purpose of Act

Marginal note:Protection of persons

3 The purpose of this Act is to promote law enforcement, national security, national defence and public safety by facilitating the protection of persons

• (a) who are involved directly or indirectly in providing assistance in law enforcement matters in relation to

  • (i) activities conducted by the Force, other than activities arising under an arrangement entered into under section 20 of the Royal Canadian Mounted Police Act, or

  • (ii) activities conducted by any law enforcement agency or international criminal court or tribunal in respect of which an agreement or arrangement has been entered into under section 14;

• (b) who are involved directly or indirectly in providing assistance to a federal security, defence or safety organization; or

• (c) who have been admitted to a designated program.

Witness Protection Program

Marginal note:Establishment

4 A program to facilitate the protection of witnesses is hereby established called the Witness Protection Program to be administered by the Commissioner.

Marginal note:Admission to Program

5 Subject to this Act, the Commissioner may determine whether a witness should be admitted to the Program and the type of protection to be provided to any protectee in the Program.

Marginal note:Admission to Program

• 6 (1) A witness shall not be admitted to the Program unless

  • (a) a recommendation for the admission has been made by a law enforcement agency, a federal security, defence or safety organization or an international criminal court or tribunal;

  • (b) the Commissioner has been provided by the witness with such information, in accordance with any regulations made for the purpose, concerning the personal history of the witness as will enable the Commissioner to consider the factors referred to in section 7 in respect of the witness; and

  • (c) an agreement has been entered into by or on behalf of the witness with the Commissioner setting out the obligations of both parties.

• Marginal note:Emergency situations

  (2) Despite subsection (1), the Commissioner may, in a case of emergency, and for a period of not more than 90 days, provide protection to a person who has not entered into a protection agreement. The Commissioner may, if the emergency persists, provide protection for one additional period of not more than 90 days.

Marginal note:Factors to be considered

7 The Commissioner shall consider the following factors in determining whether a witness should be admitted to the Program:

• (a) the nature of the risk to the security of the witness;

• (b) the danger to the community if the witness is admitted to the Program;

• (c) the nature of the inquiry, investigation or prosecution involving the witness — or the nature of the assistance given or agreed to be given by the witness to a federal security, defence or safety organization — and the importance of the witness in the matter;

• (d) the value of the witness’s participation or of the information, evidence or assistance given or agreed to be given by the witness;

• (e) the likelihood of the witness being able to adjust to the Program, having regard to the witness’s maturity, judgment and other personal characteristics and the family relationships of the witness;

• (f) the cost of maintaining the witness in the Program;

• (g) alternate methods of protecting the witness without admitting the witness to the Program; and

• (h) such other factors as the Commissioner deems relevant.

Marginal note:Deemed terms of protection agreement

8 A protection agreement is deemed to include an obligation

• (a) on the part of the Commissioner, to take such reasonable steps as are necessary to provide the protection referred to in the agreement to the protectee; and

• (b) on the part of the protectee,

  • (i) to give the information or evidence or participate as required in relation to the inquiry, investigation or prosecution — or to give to the federal security, defence or safety organization the assistance — in respect of which protection is provided under the agreement,

  • (ii) to meet all financial obligations incurred by the protectee at law that are not by the terms of the agreement payable by the Commissioner,

  • (iii) to meet all legal obligations incurred by the protectee, including any obligations regarding the custody and maintenance of children,

  • (iv) to refrain from activities that constitute an offence against an Act of Parliament or that might compromise the security of the protectee, another protectee or the Program, and

  • (v) to accept and give effect to reasonable requests and directions made by the Commissioner in relation to the protection provided to the protectee and the obligations of the protectee.

Marginal note:Request for termination of protection

• 8.1 (1) A protectee may request that the Commissioner terminate the protection provided to the protectee.

• Marginal note:Termination

  (2) The Commissioner shall meet in person with the protectee to discuss their request and shall terminate the protection provided to them if, either at the meeting or afterwards, they confirm their request in the form and manner that the Commissioner considers appropriate in the circumstances.

• Marginal note:Effective day

  (3) The termination takes effect on the day on which the request is confirmed or on a later day that the protectee may specify.

Marginal note:Termination of protection

• 9 (1) The Commissioner may terminate the protection provided to a protectee if the Commissioner has evidence that there has been

  • (a) a material misrepresentation or a failure to disclose information relevant to the admission of the protectee to the Program; or

  • (b) a deliberate and material contravention of the obligations of the protectee under the protection agreement.

• Marginal note:Notification of proposed termination

  (2) The Commissioner shall, before terminating the protection provided to a protectee, take reasonable steps to notify the protectee and allow the protectee to make representations concerning the matter.

Marginal note:Reasons for certain decisions

10 Where a decision is taken

• (a) to refuse to admit a witness to the Program, the Commissioner shall provide the body that recommended the admission or, in the case of a witness recommended by the Force, the witness, with written reasons to enable the body or witness to understand the basis for the decision; or

• (b) to terminate protection without the consent of a protectee, the Commissioner shall provide the protectee with written reasons to enable the protectee to understand the basis for the decision.

Designated Programs

Marginal note:Designation — program

• 10.1 (1) At the request of a provincial minister who is responsible for a provincial or municipal program that facilitates the protection of witnesses and on the Minister’s recommendation, the Governor in Council may, by regulation, designate the program by adding its name to the schedule.

• Marginal note:Designation — provincial official

  (2) In his or her request, the provincial minister shall designate an official of the applicable province or municipality to be the program’s provincial official.

• Marginal note:Change of provincial official

  (3) The provincial minister may replace the provincial official by designating another official of the applicable province or municipality and shall notify the Minister without delay of any such replacement.

Marginal note:Deletion from schedule

10.2 On the Minister’s recommendation, the Governor in Council may, by regulation, delete the name of a program from the schedule.

Marginal note:Coordination — change of identity

• 10.3 (1) At a provincial official’s request, the Commissioner shall coordinate the activities of federal departments, agencies and services in order to facilitate a change of identity for a designated program protectee.

• Marginal note:Required information

  (2) The provincial official shall provide any information that the Commissioner requires for the purpose of subsection (1).

Protection of Information

Marginal note:Disclosures prohibited

• 11 (1) Subject to sections 11.1 to 11.5, no person shall directly or indirectly disclose

  • (a) any information that reveals, or from which may be inferred, the location or a change of identity of a person that they know is a protected person;

  • (b) any information about the means and methods by which protected persons are protected, knowing that or being reckless as to whether the disclosure could result in substantial harm to any protected person; or

  • (c) the identity and role of a person who provides protection or directly or indirectly assists in providing protection, knowing that or being reckless as to whether the disclosure could result in substantial harm to

    • (i) that person,

    • (ii) a member of that person’s family, or

    • (iii) any protected person.

• Marginal note:Means and methods of protection

  (2) For the purpose of paragraph (1)(b), information about the means and methods by which protected persons are protected includes information about

  • (a) covert operational methods used to provide protection;

  • (b) covert administrative methods used to support the provision of protection;

  • (c) any means used to record or exchange confidential information relating to protection or used to gain access to that information; and

  • (d) the location of facilities used to provide protection.

Marginal note:Non-application — protected or other person

11.1 Paragraph 11(1)(a) does not apply to

• (a) a protected person who discloses information about themselves, if the disclosure could not result in substantial harm to any protected person; or

• (b) a person who discloses information that was disclosed to them by a protected person, if the disclosure could not result in substantial harm to any protected person.

Marginal note:Exception — Commissioner

• 11.2 (1) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to

  • (a) a protectee, for the purpose of providing protection to them; or

  • (b) a designated program protectee, for the purpose of facilitating a change of identity for them.

• Marginal note:Other exceptions

  (2) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to a protected person if

  • (a) the protected person consents to the disclosure;

  • (b) the protected person has previously made such a disclosure or acted in a manner that results in such a disclosure;

  • (c) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including

    • (i) investigating a serious offence if there is reason to believe that the protected person can provide material information or evidence in relation to, or has been involved in the commission of, the offence,

    • (ii) preventing the commission of a serious offence, or

    • (iii) establishing the innocence of a person in criminal proceedings;

  • (d) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence; or

  • (e) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(1).

• Marginal note:Designated program protectee

  (3) The Commissioner is only permitted to make a disclosure under paragraph (2)(c) that relates to a current or former designated program protectee if, in the Commissioner’s opinion, the urgency of the situation requires the disclosure or if the appropriate provincial official consents to it.

• Marginal note:Exception — other information

  (4) The Commissioner may make a disclosure described in paragraph 11(1)(b) or (c)

  • (a) that relates to the Program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, national security, national defence or public safety; and

  • (b) that relates to a current or former designated program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence.

• Marginal note:Prior notification — protected person

  (5) The Commissioner shall, before making a disclosure under paragraph (2)(b), (c) or (e), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.

• Marginal note:Non-application

  (6) Subsection (5) does not apply if, in the Commissioner’s opinion, the notification would impede the investigation of an offence, could compromise national security, national defence or public safety or could result in substantial harm to any protected person or to any person providing protection or directly or indirectly assisting in providing protection.

• Marginal note:Prior notification — provincial official

  (7) The Commissioner shall notify the appropriate provincial official of a disclosure under paragraph (2)(a) or (b) that relates to a current or former designated program protectee before the disclosure is made.

• Marginal note:Notification — provincial official

  (8) The Commissioner shall notify the appropriate provincial official of a disclosure referred to in subsection (3) as soon as feasible after making it, if it was made on the basis of the urgency of the situation.

Marginal note:Exception — provincial official

• 11.3 (1) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a designated program protectee for the purpose of providing protection to them.

• Marginal note:Other exceptions

  (2) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a current or former designated program protectee if

  • (a) the current or former designated program protectee consents to the disclosure;

  • (b) the current or former designated program protectee has previously made such a disclosure or acted in a manner that results in such a disclosure;

  • (c) the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including

    • (i) investigating a serious offence if there is reason to believe that the current or former designated program protectee can provide material information or evidence in relation to, or has been involved in the commission of, the offence,

    • (ii) preventing the commission of a serious offence, or

    • (iii) establishing the innocence of a person in criminal proceedings; or

  • (d) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(2).

• Marginal note:Exception — other information

  (3) A provincial official may make a disclosure described in paragraph 11(1)(b) or (c) that relates to their designated program or to a person associated with it if the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice or public safety.

• Marginal note:Prior notification — designated program protectee

  (4) The provincial official shall, before making a disclosure under any of paragraphs (2)(b) to (d), take reasonable steps to notify the current or former designated program protectee and allow them to make representations concerning the matter.

• Marginal note:Non-application

  (5) Subsection (4) does not apply if, in the provincial official’s opinion, the notification would impede the investigation of an offence, could compromise public safety or could result in substantial harm to any current or former designated program protectee or to any person providing protection or directly or indirectly assisting in providing protection.

Marginal note:Exception — agreement or arrangement

• 11.4 (1) A party, other than the Commissioner or a provincial official, who has entered into an agreement or arrangement under subsection 14.1(1) or (2) may make a disclosure described in paragraph 11(1)(a) in accordance with the agreement or arrangement.

• Marginal note:Prior notification

  (2) The party shall, before making a disclosure under subsection (1), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.

Marginal note:Further disclosures prohibited

• 11.5 (1) Subject to this section, a person to whom information is disclosed under sections 11.2 to 11.4 is not authorized to disclose that information to anyone else.

• Marginal note:Exception — Commissioner’s request

  (2) A person may, for the purpose of providing protection to a protectee or of changing a designated program protectee’s identity, disclose that information to the extent that is necessary to give effect to a Commissioner’s request that is made for that purpose.

• Marginal note:Exception — provincial official’s request

  (3) A person may, for the purpose of providing protection to a designated program protectee, disclose that information to the extent that is necessary to give effect to a provincial official’s request that is made for that purpose.

• Marginal note:Court — confidentiality

  (4) Once a disclosure described in subsection 11(1) is made to a court, the court shall take any measures that it considers necessary to ensure that the information remains confidential.

• Marginal note:Exception — court

  (5) A court may make a disclosure described in subsection 11(1) for the purpose of preventing a miscarriage of justice, but in doing so it shall disclose only the information that it considers necessary for that purpose and shall disclose the information only to persons who require it for that purpose.

Marginal note:Factors to be considered

12 The Commissioner or a provincial official shall consider the following factors in determining whether to make a disclosure under section 11.2 or 11.3, as the case may be, except for a disclosure under paragraph 11.2(2)(e) or 11.3(2)(d):

• (a) the reasons for the disclosure;

• (b) the danger or adverse consequences of the disclosure in relation to a person and the integrity of the Program or of a designated program, as the case may be;

• (c) the likelihood that the information will be used solely for the purpose for which the disclosure is made;

• (d) whether the need for the disclosure can be effectively met by another means; and

• (e) whether there are effective means available to prevent further disclosure of the information.

Marginal note:Informer privilege

12.1 Informer privilege at common law prevails over any authority to disclose information provided under this Act.

Marginal note:Claim — new identity

13 A person shall not be liable or otherwise punished for making a claim that the new identity of a protected person, whose identity has been changed as a consequence of the protection provided under the Program or under a designated program, is and has been the protected person’s only identity.

Marginal note:Claim — providing protection

13.1 A person who provides protection or directly or indirectly assists in providing protection under the Program or under a designated program shall not be liable or otherwise punished for making a claim that they do not

• (a) provide or assist in providing protection; or

• (b) know a protected person or know that a person is a protected person.

Agreements and Arrangements

Marginal note:Commissioner’s agreements

• 14 (1) The Commissioner may enter into an agreement

  • (a) with a law enforcement agency to enable a witness who is involved in activities of the law enforcement agency to be admitted to the Program;

  • (b) with the Attorney General of a province in respect of which an arrangement has been entered into under section 20 of the Royal Canadian Mounted Police Act to enable a witness who is involved in activities of the Force in that province to be admitted to the Program; and

  • (c) with any provincial authority in order to obtain documents and other information that may be required for the protection of a protectee.

• Marginal note:Ministerial arrangements

  (2) The Minister may enter into a reciprocal arrangement with the government of a foreign jurisdiction to enable a witness who is involved in activities of a law enforcement agency in that jurisdiction to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration nor admitted to the Program without the consent of the Minister.

• Marginal note:Arrangements

  (3) The Minister may enter into an arrangement with an international criminal court or tribunal to enable a witness who is involved in activities of that court or tribunal to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration, nor admitted to the Program without the consent of the Minister.

Marginal note:Agreement or arrangement — Commissioner

• 14.1 (1) The Commissioner may enter into an agreement or arrangement with a federal department, agency or service regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former protectee — to each other or to another federal department, agency or service or any provincial department, agency or service.

• Marginal note:Agreement or arrangement — provincial official

  (2) A provincial official may enter into an agreement or arrangement with a provincial department, agency or service of the same province as that official regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former designated program protectee — to each other or to another department, agency or service of the same province or any federal department, agency or service.

• Marginal note:Factors to be considered

  (3) The Commissioner or a provincial official shall consider the factors set out in paragraphs 12(a) to (e) in determining whether to enter into an agreement or arrangement and in establishing its terms.

• Marginal note:Mandatory terms

  (4) An agreement or arrangement shall include the following terms:

  • (a) a party is not permitted to make a disclosure unless it is for a purpose that is essential for the administration of justice or public safety and that is specified in the agreement or arrangement; and

  • (b) the parties shall take whatever steps are necessary, including any steps specified in the agreement or arrangement, to protect information that is disclosed from being disclosed beyond what is strictly necessary in the circumstances.

• Marginal note:Multiple departments, agencies or services

  (5) More than one department, agency or service may be party to a single agreement or arrangement.

General

Marginal note:Delegation — Commissioner

• 15 (1) The Commissioner may delegate to any member of the Force any of his or her powers, duties and functions under this Act, except the power to delegate under this section and the power to

  • (a) determine whether to disclose information under any of paragraphs 11.2(2)(b) to (d) and subsection 11.2(4);

  • (b) enter into an agreement or arrangement under subsection 14.1(1);

  • (c) designate an Assistant Commissioner to be responsible for the Program; and

  • (d) determine whether to admit a witness to the Program, to change the identity of a protectee and to terminate the protection provided to a protectee.

• Marginal note:Assistant Commissioner

  (2) The Commissioner may designate an Assistant Commissioner to be responsible for the Program and, despite paragraph (1)(d), may delegate the powers set out in that paragraph to that Assistant Commissioner.

Marginal note:Delegation — provincial official

15.1 A provincial official may delegate to any official of the same province or municipality any of his or her powers, duties and functions under this Act, except the power to

• (a) determine whether to disclose information under paragraphs 11.3(2)(b) and (c) and subsection 11.3(3); and

• (b) enter into an agreement or arrangement under subsection 14.1(2).

Marginal note:Annual report

• 16 (1) The Commissioner shall, not later than June 30 each year, submit a report on the operation of the Program during the preceding fiscal year to the Minister.

• Marginal note:Tabling

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Policy directions

17 The Commissioner shall give effect to any directions that the Minister may make concerning matters of general policy that are related to the administration of the Program and to the coordination of activities under this Act respecting a designated program.

Marginal note:Cooperation

18 Subject to the confidentiality requirements imposed by any other Act of Parliament, federal departments, agencies and services shall, to the extent possible, cooperate with the Commissioner and persons acting on his or her behalf in the administration of the Program and of activities under this Act respecting a designated program.

Marginal note:Existing agreements

19 Every agreement in existence on the day on which this Act comes into force entered into by or on behalf of the Commissioner to provide protection to a person or entered into on behalf of the Government of Canada relating to the protection of persons is, to the extent that it is consistent with this Act, deemed to have been entered into under the relevant provisions of this Act and shall be governed by this Act.

Marginal note:Regulations

20 The Governor in Council may make regulations for the purpose of giving effect to this Act including, without limiting the generality of the foregoing, regulations

• (a) specifying the types of information to be provided in respect of a witness who is being considered for admission to the Program;

• (b) respecting the terms that must be included in protection agreements or in agreements or arrangements entered into under section 14; and

• (c) governing the procedures to be followed in order to involve a protectee in legal proceedings.

Offence

Marginal note:Disclosure offence

21 Every person who contravenes subsection 11(1) is guilty of an offence and liable

• (a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or

• (b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.

Related and Consequential Amendments

22 and 23 [Amendments]