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Combating Terrorism Act (S.C. 2013, c. 9)

Full Document:  

Assented to 2013-04-25

R.S., c. C-5CANADA EVIDENCE ACT

Marginal note:2001, c. 41, s. 43

  • 20. (1) Subsections 38.06(1) and (2) of the Act are replaced by the following:

    Marginal note:Disclosure order

    • 38.06 (1) Unless the judge concludes that the disclosure of the information or facts referred to in subsection 38.02(1) would be injurious to international relations or national defence or national security, the judge may, by order, authorize the disclosure of the information or facts.

    • Marginal note:Disclosure — conditions

      (2) If the judge concludes that the disclosure of the information or facts would be injurious to international relations or national defence or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the judge may by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any injury to international relations or national defence or national security resulting from disclosure, authorize the disclosure, subject to any conditions that the judge considers appropriate, of all or part of the information or facts, a summary of the information or a written admission of facts relating to the information.

  • (2) Section 38.06 of the Act is amended by adding the following after subsection (3):

    • Marginal note:When determination takes effect

      (3.01) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available.

  • Marginal note:2001, c. 41, s. 43

    (3) Subsection 38.06(4) of the French version of the Act is replaced by the following:

    • Marginal note:Admissibilité en preuve

      (4) La personne qui veut faire admettre en preuve ce qui a fait l’objet d’une autorisation de divulgation prévue au paragraphe (2), mais qui ne pourra peut-être pas le faire à cause des règles d’admissibilité applicables à l’instance, peut demander à un juge de rendre une ordonnance autorisant la production en preuve du fait, des renseignements, du résumé ou de l’aveu dans la forme ou aux conditions que celui-ci détermine, dans la mesure où telle forme ou telles conditions sont conformes à l’ordonnance rendue au titre du paragraphe (2).

Marginal note:2001, c. 41, s. 43

  • 21. (1) Subsection 38.11(1) of the Act is replaced by the following:

    Marginal note:Special rules — hearing in private

    • 38.11 (1) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may make an order that the hearing be held, or the appeal or review be heard, in private.

    • Marginal note:Special rules — hearing in National Capital Region

      (1.1) A hearing under subsection 38.04(5) or an appeal or review of an order made under any of subsections 38.06(1) to (3) shall, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act.

  • (2) Section 38.11 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Ex parte representations — public hearing

      (3) If a hearing under subsection 38.04(5) is held, or an appeal or review of an order made under any of subsections 38.06(1) to (3) is heard, in public, any ex parte representations made in that hearing, appeal or review shall be made in private.

Marginal note:2001, c. 41, s. 43

22. Section 38.12 of the Act is replaced by the following:

Marginal note:Protective order

  • 38.12 (1) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may make any order that the judge or the court considers appropriate in the circumstances to protect the confidentiality of any information to which the hearing, appeal or review relates.

  • Marginal note:Court records

    (2) The court records relating to a hearing that is held, or an appeal or review that is heard, in private or to any ex parte representations are confidential. The judge or the court may order that the court records, or any part of them, relating to a private or public hearing, appeal or review be sealed and kept in a location to which the public has no access.

Marginal note:2001, c. 41, s. 43

23. Subsection 38.13(9) of the Act is replaced by the following:

  • Marginal note:Expiry

    (9) The certificate expires 10 years after the day on which it is issued and may be reissued.

24. The Act is amended by adding the following after section 38.16:

Marginal note:Annual report

38.17 Each year the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report for the previous year on the operation of sections 38.13 and 38.15 that includes the number of certificates and fiats issued under sections 38.13 and 38.15, respectively.

R.S., c. O-5; 2001, c. 41, s. 25SECURITY OF INFORMATION ACT

25. The heading before section 2 of the French version of the Security of Information Act is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

26. The heading before section 3 of the Act is repealed.

27. The Act is amended by adding the following after section 3:

OFFENCES

Marginal note:2001, c. 41, s. 29; 2004, c. 12, s. 21(E)

28. Paragraph (a) of the definition “special operational information” in subsection 8(1) of the English version of the Act is replaced by the following:

  • (a) the identity of a person, agency, group, body or entity that was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;

Marginal note:2001, c. 41, s. 29

29. Section 21 of the Act is replaced by the following:

Marginal note:Concealing person who carried out offence

  • 21. (1) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals a person whom they know to be a person who has committed an offence under this Act, is guilty of an indictable offence and liable to imprisonment

    • (a) for a term of not more than 14 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to imprisonment for life; and

    • (b) for a term of not more than 10 years, if the person who is harboured or concealed committed an offence under this Act for which that person is liable to any other punishment.

  • Marginal note:Concealing person who is likely to carry out offence

    (2) Every person who, for the purpose of enabling or facilitating an offence under this Act, knowingly harbours or conceals any person whom he or she knows to be a person who is likely to carry out an offence under this Act, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

COMING INTO FORCE

Marginal note:Order in council

  • 30. (1) Sections 1 to 9 and 14 to 29 come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Sections 10 to 13 come into force on a day to be fixed by order of the Governor in Council.

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