Anti-terrorism Act (S.C. 2001, c. 41)
Full Document:
- HTMLFull Document: Anti-terrorism Act (Accessibility Buttons available) |
- PDFFull Document: Anti-terrorism Act [741 KB]
Assented to 2001-12-18
R.S., c. H-6Canadian Human Rights Act
88. Subsection 13(2) of the Canadian Human Rights Act is replaced by the following:
Marginal note:Interpretation
(2) For greater certainty, subsection (1) applies in respect of a matter that is communicated by means of a computer or a group of interconnected or related computers, including the Internet, or any similar means of communication, but does not apply in respect of a matter that is communicated in whole or in part by means of the facilities of a broadcasting undertaking.
R.S., c. C-23Canadian Security Intelligence Service Act
89. Paragraph (c) of the definition “threats to the security of Canada” in section 2 of the Canadian Security Intelligence Service Act is replaced by the following:
(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and
1992, c. 20Corrections and Conditional Release Act
Marginal note:1995, c. 42, s. 39
90. Subparagraph 125(1)(a)(ii) of the Corrections and Conditional Release Act is replaced by the following:
(ii) an offence set out in Schedule I or a conspiracy to commit such an offence,
(ii.1) an offence under section 83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc. property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (to carry out activity for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity) or 83.23 (harbouring or concealing) of the Criminal Code or a conspiracy to commit such an offence,
91. Paragraph 1(a) of Schedule I to the Act is replaced by the following:
(a) section 75 (piratical acts);
(a.1) section 76 (hijacking);
(a.2) section 77 (endangering safety of aircraft or airport);
(a.3) section 78.1 (seizing control of ship or fixed platform);
(a.4) paragraph 81(1)(a), (b) or (d) (use of explosives);
(a.5) paragraph 81(2)(a) (causing injury with intent);
92. Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.2):
(z.21) section 279.1 (hostage taking);
93. Section 1 of Schedule I to the Act is amended by adding the following after paragraph (z.3):
(z.31) subsection 430(2) (mischief that causes actual danger to life);
(z.32) section 431 (attack on premises, residence or transport of internationally protected person);
(z.33) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel);
(z.34) subsection 431.2(2) (explosive or other lethal device);
Marginal note:Transitional provision
94. (1) The following provisions apply to an offender regardless of the day on which the offender was sentenced, committed or transferred to penitentiary:
(a) subparagraph 125(1)(a)(ii) of the Act as amended by section 90, if the offence was a conspiracy to commit an offence set out in Schedule I to the Act; and
(b) Schedule I to the Act as amended by sections 91 to93.
Marginal note:Offenders referred to Board
(2) Subsection (1) does not apply to an offender in respect of whom the National Parole Board has made a direction under section 126 of the Act before the coming into force of sections 90 to 93.
R.S., c. F-7Federal Court Act
Marginal note:1992, c. 49, s. 127(1)
95. (1) Paragraph 5(1)(c) of the Federal Court Act is replaced by the following:
(c) not more than 44 other judges, 12 of whom shall be appointed to the Court of Appeal and shall be ex officio members of the Trial Division, and the remainder of whom shall be appointed to the Trial Division and shall be ex officio members of the Court of Appeal.
Marginal note:1992, c. 49, s. 127(2)
(2) Subsection 5(6) of the Act is replaced by the following:
Marginal note:Judges for the Province of Quebec
(6) At least 15 of the judges shall be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province.
1995, c. 39Firearms Act
96. Section 97 of the Firearms Act is replaced by the following:
Marginal note:Exemptions — Governor in Council
97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council.
Marginal note:Exemptions — federal Minister
(2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year.
Marginal note:Exemptions — provincial minister
(3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition.
Marginal note:Public safety
(4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted.
Marginal note:Conditions
(5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person.
R.S., c. N-5National Defence Act
97. Subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:
“terrorism offence”
« infraction de terrorisme »
“terrorism offence” means
(a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code,
(b) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group,
(c) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or
(d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c);
“terrorist activity”
« activité terroriste »
“terrorist activity” has the same meaning as in subsection 83.01(1) of the Criminal Code;
“terrorist group”
« groupe terroriste »
“terrorist group” has the same meaning as in subsection 83.01(1) of the Criminal Code;
98. Section 140.4 of the Act is amended by adding the following after subsection (3):
Marginal note:Power of court martial to delay parole
(3.1) Notwithstanding section 120 of the Corrections and Conditional Release Act, where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction under this Act for a terrorism offence, the court martial shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court martial is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act.
99. The Act is amended by adding the following after section 149.1 as enacted by section 13 of chapter 43 of the Statutes of Canada, 1991:
Punishment for Certain Offences
Marginal note:Punishment for certain offences
149.2 (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.
Marginal note:Offender must be notified
(2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity.
- Date modified: