Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
Full Document:
Assented to 2015-06-18
45. Section 23 of the Act is replaced by the following:
Marginal note:Renewal of warrant — measures to reduce threats to the security of Canada
22.1 (1) On application in writing to a judge for the renewal of a warrant issued under subsection 21.1(3) made by a person who is entitled, after having obtained the Minister’s approval, to apply for such a warrant and who believes on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada, the judge may renew the warrant if the judge is satisfied by evidence on oath of the following matters:
(a) the facts relied on to justify the belief on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada; and
(b) the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Limits on renewal
(2) A warrant issued under subsection 21.1(3) may be renewed only twice, with each renewal being for a period not exceeding the period for which it may be issued under subsection 21.1(6).
Marginal note:Limits on execution of warrant
22.2 A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Assistance order
22.3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21 or 21.1.
Marginal note:Confidentiality
(2) The judge may include in the order any measure that the judge considers necessary in the public interest to ensure the confidentiality of the order, including the identity of any person who is required to provide assistance under the order and any other information concerning the provision of the assistance.
Marginal note:Warrant authorizing removal
23. (1) On application in writing by the Director or any employee who is designated by the Minister for the purpose, a judge may, if the judge thinks fit, issue a warrant authorizing the persons to whom the warrant is directed to remove from any place any thing installed in accordance with a warrant issued under subsection 21(3) or 21.1(3) and, for that purpose, to enter any place or open or obtain access to any thing.
Marginal note:Matters to be specified in warrant
(2) There shall be specified in a warrant issued under subsection (1) the matters referred to in paragraphs 21(4)(c) to (f) or 21.1(5)(c) to (f), as the case may be.
46. The Act is amended by adding the following after section 24:
Marginal note:Authorization to request assistance
24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure and the reasonable availability of other means to reduce the threat.
Marginal note:Person giving assistance
(2) A person to whom a request is made under subsection (1) is justified in assisting the requester in taking the measure if the person believes on reasonable grounds that the request- er has the authority to take the measure.
47. Paragraph 25(a) of the Act is replaced by the following:
(a) the use or disclosure in accordance with this Act of any communication intercepted under the authority of a warrant issued under section 21 or 21.1; or
48. Sections 26 and 27 of the Act are replaced by the following:
Marginal note:Exclusion of Part VI of Criminal Code
26. Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or 21.1 or in relation to any communication so intercepted.
Marginal note:Hearing of applications
27. An application under section 21, 21.1 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be heard in private in accordance with regulations made under section 28.
49. Paragraphs 28(a) and (b) of the Act are replaced by the following:
(a) prescribing the forms of warrants that may be issued under section 21, 21.1 or 23;
(b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for those warrants, for renewals of those warrants and for orders that may be made under section 22.3; and
50. Section 38 of the Act is amended by adding the following after subsection (1):
Marginal note:Review of measures
(1.1) In reviewing the performance by the Service of its duties and functions the Review Committee shall, each fiscal year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.
51. Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Marginal note:Additional information
(2) In addition, the report shall specify the number of warrants issued under section 21.1 in the fiscal year and the number of applications for warrants made under that section that were refused in that year.
PART 52001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Amendments to the Act
52. Subsection 72(1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Application for judicial review
72. (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is, subject to section 86.1, commenced by making an application for leave to the Court.
53. Paragraph 74(d) of the Act is replaced by the following:
(d) subject to section 87.01, an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
54. Subsections 77(2) and (3) of the Act are replaced by the following:
Marginal note:Filing of evidence and summary
(2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to national security or endanger the safety of any person if disclosed.
Marginal note:Effect of referral
(3) Once the certificate is referred, no proceeding under this Act respecting the person who is named in the certificate — other than proceedings relating to sections 79.1, 82 to 82.31, 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable.
55. The Act is amended by adding the following after section 79:
Marginal note:Appeal by Minister
79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined.
56. The Act is amended by adding the following after section 82.3:
Marginal note:Appeal by Minister
82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision until the appeal has been finally determined.
57. (1) Subsection 83(1) of the Act is amended by adding the following after paragraph (c):
(c.1) on the request of the Minister, the judge may exempt the Minister from the obligation to provide the special advocate with a copy of information under paragraph 85.4(1)(b) if the judge is satisfied that the information does not enable the permanent resident or foreign national to be reasonably informed of the case made by the Minister;
(c.2) for the purpose of deciding whether to grant an exemption under paragraph (c.1), the judge may ask the special advocate to make submissions and may communicate with the special advocate to the extent required to enable the special advocate to make the submissions, if the judge is of the opinion that considerations of fairness and natural justice require it;
(2) Subsection 83(1) of the Act is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) the judge shall not base a decision on information that the Minister is exempted from providing to the special advocate, shall ensure the confidentiality of that information and shall return it to the Minister.
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