• 11. (1) Section 83.31 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Attorney General’s opinion

    (1.1) The Attorney General of Canada shall include in the annual report under subsection (1) his or her opinion, supported by reasons, on whether the operation of sections 83.28 and 83.29 should be extended.

• (2) Section 83.31 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Opinions

    (3.1) The Attorney General of Canada and the Minister of Public Safety and Emergency Preparedness shall include in their annual reports under subsections (2) and (3), respectively, their opinion, supported by reasons, on whether the operation of section 83.3 should be extended.

Marginal note:2001, c. 41, s. 4

• 12. (1) Subsections 83.32(1) and (2) of the Act are replaced by the following:

  Marginal note:Sunset provision

  • 83.32 (1) Sections 83.28, 83.29 and 83.3 cease to have effect at the end of the 15th sitting day of Parliament after the fifth anniversary of the coming into force of this subsection unless, before the end of that day, the operation of those sections is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

  • Marginal note:Review

    (1.1) A comprehensive review of sections 83.28, 83.29 and 83.3 and their operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (1.2) The committee referred to in subsection (1.1) shall, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to extending the operation of section 83.28, 83.29 or 83.3.

  • Marginal note:Order in council

    (2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.28, 83.29 or 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

• Marginal note:2001, c. 41, s. 4

  (2) Subsection 83.32(4) of the Act is replaced by the following:

  • Marginal note:Subsequent extensions

    (4) The operation of section 83.28, 83.29 or 83.3 may be further extended in accordance with the procedure set out in this section, but the reference to “the fifth anniversary of the coming into force of this subsection” in subsection (1) is to be read as a reference to “the expiry of the most recent extension under this section”.

Marginal note:2001, c. 41, s. 4

13. Section 83.33 of the Act is replaced by the following:

• 14. (1) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.4):

  • (xii.41) section 83.181 (leaving Canada to participate in activity of terrorist group),

• (2) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.5):

  • (xii.51) section 83.191 (leaving Canada to facilitate terrorist activity),

• (3) Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.6):

  • (xii.61) section 83.201 (leaving Canada to commit offence for terrorist group),

  • (xii.62) section 83.202 (leaving Canada to commit offence that is terrorist activity),

Marginal note:2001, c. 32, s. 26(3)

15. Paragraph 462.48(2)(d) of the Act is replaced by the following:

• 16. (1) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.05):

  • (i.051) section 83.181 (leaving Canada to participate in activity of terrorist group),

• (2) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.06):

  • (i.061) section 83.191 (leaving Canada to facilitate terrorist activity),

• (3) Paragraph (a.1) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i.07):

  • (i.071) section 83.201 (leaving Canada to commit offence for terrorist group,

  • (i.072) section 83.202 (leaving Canada to commit offence that is terrorist activity),

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

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

17. Subsection 37(7) of the English version of the Canada Evidence Act is replaced by the following:

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

18. The definition renseignements sensibles in section 38 of the French version of the Act is replaced by the following:

Marginal note:2001, c. 41, s. 141(7)

• 19. (1) The portion of subsection 38.04(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Application to Federal Court — general

    (2) If, with respect to information about which notice was given under any of subsections 38.01(1) to (4), the Attorney General of Canada does not provide notice of a decision in accordance with subsection 38.03(3) or, other than by an agreement under section 38.031, does not authorize the disclosure of the information or authorizes the disclosure of only part of the information or authorizes the disclosure subject to any conditions,

• Marginal note:2001, c. 41, s. 141(7)

  (2) Subsection 38.04(4) of the Act is replaced by the following:

  • Marginal note:Court records

    (4) Subject to paragraph (5)(a.1), an application under this section is confidential. During the period when an application is confidential, the Chief Administrator of the Courts Administration Service may, subject to section 38.12, take any measure that he or she considers appropriate to protect the confidentiality of the application and the information to which it relates.

• Marginal note:2001, c. 41, s. 141(7)

  (3) Paragraph 38.04(5)(a) of the Act is replaced by the following:

  • (a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, with respect to making the application public;

  • (a.1) shall, if he or she decides that the application should be made public, make an order to that effect;

  • (a.2) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and concerning the persons who should be given notice of any hearing of the matter;

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:2001, c. 41, s. 43

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

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

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:

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

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

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: