An Act respecting the establishment and operation of a federal program for the protection of certain persons providing information or assistance and respecting the protection of persons admitted to certain provincial or municipal protection programs
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Witness Protection Program Act .
Marginal note: Definitions
2 In this Act,
means the Commissioner of the Force; ( commissaire )
means a provincial or municipal program that is set out in the schedule; ( programme désigné )
means a person who is receiving protection under a designated program; ( bénéficiaire d’un programme désigné )
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 )
means the Royal Canadian Mounted Police; ( Gendarmerie )
means the Minister of Public Safety and Emergency Preparedness; ( ministre )
means the Witness Protection Program established by section 4; ( programme )
means a current or former protectee or a current or former designated program protectee; ( personne protégée )
means a person who is receiving protection under the Program; ( bénéficiaire )
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 )
means an agreement referred to in paragraph 6(1)(c) that applies in respect of a protectee; ( accord de protection )
means, with respect to a designated program, the official designated under subsection 10.1(2) or (3); ( fonctionnaire provincial )
means any injury, whether physical or psychological, that interferes in a substantial way with a person’s health or well-being; ( préjudice sérieux )
Marginal note: Binding on Her Majesty
2.1 This Act is binding on Her Majesty in right of Canada or a province.
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
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
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:
Marginal note: Deemed terms of protection agreement
8 A protection agreement is deemed to include an obligation
Marginal note: Request for termination of protection
Marginal note: Termination of protection
Marginal note: Reasons for certain decisions
10 Where a decision is taken
Marginal note: Designation — program
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
Marginal note: Disclosures prohibited
Marginal note: Non-application — protected or other person
11.1 Paragraph 11(1)(a) does not apply to
Marginal note: Exception — Commissioner
Marginal note: Exception — provincial official
Marginal note: Exception — agreement or arrangement
Marginal note: Further disclosures prohibited
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):
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
Marginal note: Commissioner’s agreements
Marginal note: Agreement or arrangement — Commissioner
Marginal note: Delegation — 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
Marginal note: Annual 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
Marginal note: Disclosure offence
21 Every person who contravenes subsection 11(1) is guilty of an offence and liable
22 and 23 [Amendments]