Anti-terrorism Act (S.C. 2001, c. 41)
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Assented to 2001-12-18
PART 1R.S., c. C-46CRIMINAL CODE
20. Paragraph 718.2(a) of the Act is amended by striking out the word “or” at the end of subparagraph (iii), by adding the word “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) evidence that the offence was a terrorism offence
21. Section 743.6 of the Act is amended by adding the following after subsection (1.1):
Marginal note:Power of court to delay parole
(1.2) 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 for a terrorism offence, the court 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 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.
Marginal note:1997, c. 23, s. 19
22. (1) Subsection 810.01(1) of the Act is replaced by the following:
Marginal note:Fear of criminal organization offence or terrorism offence
810.01 (1) A person who fears on reasonable grounds that another person will commit a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.
Marginal note:1997, c. 23, s. 19
(2) Subsection 810.01(3) of the Act is replaced by the following:
Marginal note:Adjudication
(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1).
Marginal note:1997, c. 23, s. 27
23. The portion of section 811 of the Act before paragraph (a) is replaced by the following:
Marginal note:Breach of recognizance
811. A person bound by a recognizance under section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of
Consequential Amendment
R.S., c. I-1Identification of Criminals Act
23.1 Subsection 2(1) of the Identification of Criminals Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.
PART 2R.S., c. O-5OFFICIAL SECRETS ACT
24. The long title of the Official Secrets Act is replaced by the following:
25. Section 1 of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Security of Information Act.
26. (1) The definition “senior police officer” in subsection 2(1) of the Act is repealed.
(2) The definition “Attorney General” in subsection 2(1) of the Act is replaced by the following:
“Attorney General”
« procureur général »
“Attorney General” means the Attorney General of Canada and includes his or her lawful deputy;
(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“communicate”
« communiquer »
“communicate” includes to make available;
“foreign economic entity”
« entité économique étrangère »
“foreign economic entity” means
(a) a foreign state or a group of foreign states, or
(b) an entity that is controlled, in law or in fact, or is substantially owned, by a foreign state or a group of foreign states;
“foreign entity”
« entité étrangère »
“foreign entity” means
(a) a foreign power,
(b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or
(c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or association referred to in paragraph (b);
“foreign power”
« puissance étrangère »
“foreign power” means
(a) the government of a foreign state,
(b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or
(c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state;
“foreign state”
« État étranger »
“foreign state” means
(a) a state other than Canada,
(b) a province, state or other political subdivision of a state other than Canada, or
(c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada;
“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.
(4) Section 2 of the Act is amended by adding the following after subsection (3):
Marginal note:Facilitation
(4) For greater certainty, subsection 83.01(2) of the Criminal Code applies for the purposes of the definitions “terrorist activity” and “terrorist group” in subsection (1).
27. Section 3 of the Act is replaced by the following:
Marginal note:Prejudice to the safety or interest of the State
3. (1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person
(a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;
(b) commits, inside or outside Canada, a terrorist activity;
(c) causes or aggravates an urgent and critical situation in Canada that
(i) endangers the lives, health or safety of Canadians, or
(ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;
(d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada;
(e) endangers, outside Canada, any person by reason of that person’s relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province;
(f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province;
(g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces;
(h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment;
(i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence;
(j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification;
(k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability;
(l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations;
(m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of
(i) toxic or poisonous chemicals or their precursors,
(ii) a microbial or other biological agent, or a toxin, including a disease organism,
(iii) radiation or radioactivity, or
(iv) an explosion; or
(n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (a) to (m).
Marginal note:Harm to Canadian interests
(2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(a) to (n).
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