Anti-terrorism Act, 2015 (S.C. 2015, c. 20)

Assented to 2015-06-18

Consequential Amendments

R.S., c. A-2Aeronautics Act

 Paragraph 7.6(1)(a) of the Aeronautics Act is replaced by the following:

  • (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, or any provision of the Secure Air Travel Act or of any regulation or direction made under that Act, in this section and in sections 7.7 to 8.2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2;

R.S., c. C-5Canada Evidence Act

 The schedule to the Canada Evidence Act is amended by adding the following after item 3:

Coming into Force

Marginal note:Order in council

 The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 3R.S., c. C-46CRIMINAL CODE

Amendments to the Act

  •  (1) Paragraph (f) of the definition “Attorney General” in section 2 of the Criminal Code is replaced by the following:

    • (f) with respect to proceedings under section 83.13, 83.14, 83.222, 83.223, 83.28, 83.29 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and

  • (2) The definition “justice system participant” in section 2 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) a person who plays a role in respect of proceedings involving

      • (i) security information,

      • (ii) criminal intelligence information,

      • (iii) information that would endanger the safety of any person if it were disclosed,

      • (iv) information that is obtained in confidence from a source in Canada, the government of a foreign state, an international organization of states or an institution of such a government or international organization, or

      • (v) potentially injurious information or sensitive information as those terms are defined in section 38 of the Canada Evidence Act;

 The Act is amended by adding the following after section 83.22:

Marginal note:Advocating or promoting commission of terrorism offences
  • 83.221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    “communicating”

    « communiquer »

    “communicating” has the same meaning as in subsection 319(7).

    “statements”

    « déclarations »

    “statements” has the same meaning as in subsection 319(7).

Marginal note:Warrant of seizure
  • 83.222 (1) A judge who is satisfied by information on oath that there are reasonable grounds to believe that any publication, copies of which are kept for sale or distribution in premises within the court’s jurisdiction, is terrorist propaganda may issue a warrant authorizing seizure of the copies.

  • Marginal note:Summons to occupier

    (2) Within seven days after the day on which the warrant is issued, the judge shall issue a summons to the premises’ occupier requiring the occupier to appear before the court and to show cause why the matter seized should not be forfeited to Her Majesty.

  • Marginal note:Owner and author may appear

    (3) The owner and the author of the matter seized and alleged to be terrorist propaganda may appear and be represented before the court in order to oppose the making of an order for the forfeiture of the matter.

  • Marginal note:Order of forfeiture

    (4) If the court is satisfied, on a balance of probabilities, that the publication is terrorist propaganda, it may make an order declaring that the matter be forfeited to Her Majesty, for disposal as the Attorney General may direct.

  • Marginal note:Disposal of matter

    (5) If the court is not satisfied that the publication is terrorist propaganda, it may order that the matter be restored to the person from whom it was seized without delay after the time for final appeal has expired.

  • Marginal note:Appeal

    (6) An appeal lies from an order made under subsection (4) or (5) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

  • Marginal note:Consent

    (7) No proceeding under this section shall be instituted without the Attorney General’s consent.

  • Marginal note:Definitions

    (8) The following definitions apply in this section.

    “court”

    « tribunal »

    “court” has the same meaning as in subsection 320(8).

    “judge”

    « juge »

    “judge” has the same meaning as in subsection 320(8).

    “terrorist propaganda”

    « propagande terroriste »

    “terrorist propaganda” means any writing, sign, visible representation or audio recording that advocates or promotes the commission of terrorism offences in general — other than an offence under subsection 83.221(1) — or counsels the commission of a terrorism offence.

Marginal note:Order to computer system’s custodian
  • 83.223 (1) If a judge is satisfied by information on oath that there are reasonable grounds to believe that there is material — that is terrorist propaganda or data that makes terrorist propaganda available — stored on and made available to the public through a computer system that is within the court’s jurisdiction, the judge may order the computer system’s custodian to

    • (a) give an electronic copy of the material to the court;

    • (b) ensure that the material is no longer stored on and made available through the computer system; and

    • (c) provide the information that is necessary to identify and locate the person who posted the material.

  • Marginal note:Notice to person who posted material

    (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court and to show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the computer system’s custodian to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance.

  • Marginal note:Person who posted material may appear

    (3) The person who posted the material may appear and be represented before the court in order to oppose the making of an order under subsection (5).

  • Marginal note:Non-appearance

    (4) If the person who posted the material does not appear before the court, the court may proceed to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

  • Marginal note:Order of deletion

    (5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is terrorist propaganda or data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.

  • Marginal note:Destruction of electronic copy

    (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession.

  • Marginal note:Return of material

    (7) If the court is not satisfied that the material is available to the public and is terrorist propaganda or data that makes terrorist propaganda available, the court shall order that the electronic copy be returned to the computer system’s custodian and terminate the order under paragraph (1)(b).

  • Marginal note:Appeal

    (8) An appeal lies from an order made under subsection (5) or (6) by any person who appeared before the court, on any ground of appeal that involves a question of law or fact alone, or a question of mixed law and fact, as if it were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, on a question of law alone under Part XXI, and sections 673 to 696 apply with any modifications that the circumstances require.

  • Marginal note:Consent

    (9) No proceeding under this section shall be instituted without the Attorney General’s consent.

  • Marginal note:When order takes effect

    (10) No order made under any of subsections (5) to (7) takes effect until the time for final appeal has expired.

  • Marginal note:Definitions

    (11) The following definitions apply in this section.

    “computer system”

    « ordinateur »

    “computer system” has the same meaning as in subsection 342.1(2).

    “court”

    « tribunal »

    “court” has the same meaning as in subsection 320(8).

    “data”

    « données »

    “data” has the same meaning as in subsection 342.1(2).

    “judge”

    « juge »

    “judge” has the same meaning as in subsection 320(8).

    “terrorist propaganda”

    « propagande terroriste »

    “terrorist propaganda” has the same meaning as in subsection 83.222(8).

 
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