•  (1) Any listed person may apply in writing to the Minister to request to be removed from the schedule.

  • (2) On receipt of a written application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant be removed from the schedule.

  • (3) If the Minister does not make a decision on the application within 60 days after receipt of the application, the Minister is deemed to have decided to recommend that the applicant remain a listed person.

  • (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application.

  • (5) A listed person may not make another application under subsection (1) unless there has been a material change in circumstances since the time the person made their last application.

  • SOR/2006-165, s. 4.

JUDICIAL REVIEW

  •  (1) Within 60 days after receipt of the notice referred to in subsection 2.1(4), the applicant may apply to a judge for judicial review of the decision.

  • (2) When an application is made, the judge shall without delay

    • (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at the request of the Minister, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

    • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information whose disclosure would, in the judge’s opinion, injure national security or endanger the safety of any person;

    • (c) provide the applicant with a reasonable opportunity to be heard; and

    • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed person.

  • (3) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

  • (4) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed person.

  • SOR/2006-165, s. 4.
  •  (1) For the purposes of subsection 2.2(2), in private and in the absence of the applicant or any counsel representing it,

    • (a) the Minister may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

    • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

  • (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 2.2(2)(d) if

    • (a) the judge determines that the information is not relevant;

    • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 2.2(2)(b); or

    • (c) the Minister withdraws the application.

  • (3) If the judge determines that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 2.2(2)(b), but the judge may base his or her determination under paragraph 2.2(2)(d) on it.

  • SOR/2006-165, s. 4.