Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
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Assented to 2015-06-18
Anti-terrorism Act, 2015
S.C. 2015, c. 20
Assented to 2015-06-18
An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts
SUMMARY
Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.
Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.
Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.
It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.
Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,
(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Anti-terrorism Act, 2015.
PART 1SECURITY OF CANADA INFORMATION SHARING ACT
Enactment of Act
Marginal note:Enactment
2. The Security of Canada Information Sharing Act, whose text is as follows and whose Schedules 1 to 3 are set out in the schedule to this Act, is enacted:
An Act to encourage and facilitate information sharing between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada
Preamble
Whereas the people of Canada are entitled to live free from threats to their lives and their security;
Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly;
Whereas there is no more fundamental role for a government than protecting its country and its people;
Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state;
Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution;
Whereas Parliament recognizes that information needs to be shared — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;
Whereas information in respect of activities that undermine the security of Canada is to be shared in a manner that is consistent with the Canadian Charter of Rights and Freedoms and the protection of privacy;
And whereas Government of Canada institutions are accountable for the effective and responsible sharing of information;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Security of Canada Information Sharing Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“activity that undermines the security of Canada”
« activité portant atteinte à la sécurité du Canada »
“activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:
(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations, public safety, the administration of justice, diplomatic or consular relations, or the economic or financial stability of Canada;
(b) changing or unduly influencing a government in Canada by force or unlawful means;
(c) espionage, sabotage or covert foreign-influenced activities;
(d) terrorism;
(e) proliferation of nuclear, chemical, radiological or biological weapons;
(f) interference with critical infrastructure;
(g) interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act;
(h) an activity that causes serious harm to a person or their property because of that person’s association with Canada; and
(i) an activity that takes place in Canada and undermines the security of another state.
For greater certainty, it does not include advocacy, protest, dissent and artistic expression.
“Government of Canada institution”
« institution fédérale »
“Government of Canada institution” means
(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or
(b) an institution that is listed in Schedule 2.
“people of Canada”
« population du Canada »
“people of Canada” means
(a) the people in Canada; or
(b) any citizen, as defined in subsection 2(1) of the Citizenship Act — or any permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act — who is outside Canada.
PURPOSE AND PRINCIPLES
Marginal note:Purpose
3. The purpose of this Act is to encourage and facilitate the sharing of information among Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.
Marginal note:Guiding principles
4. Information sharing under this Act is to be guided by the following principles:
(a) effective and responsible information sharing protects Canada and Canadians;
(b) respect for caveats on and originator control over shared information is consistent with effective and responsible information sharing;
(c) entry into information-sharing arrangements is appropriate when Government of Canada institutions share information regularly;
(d) the provision of feedback as to how shared information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information sharing; and
(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.
DISCLOSURE OF INFORMATION
Marginal note:Disclosure of information
5. (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or their delegate, if the information is relevant to the recipient institution’s jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.
Marginal note:Further disclosure under subsection (1)
(2) Information received under subsection (1) may be further disclosed under that subsection.
Marginal note:Further disclosure — other than under this Act
6. For greater certainty, the use and further disclosure, other than under this Act, of information that is disclosed under subsection 5(1) are neither authorized nor prohibited by this Act, but must be done in accordance with the law, including any legal requirements, restrictions and prohibitions.
Marginal note:No presumption
7. The act of disclosing information under this Act does not create a presumption
(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or
(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.
Marginal note:Non-derogation
8. Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.
PROTECTION FROM CIVIL PROCEEDINGS
Marginal note:No civil proceedings
9. No civil proceedings lie against any person for their disclosure in good faith of information under this Act.
POWERS OF GOVERNOR IN COUNCIL
Marginal note:Regulations
10. (1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations
(a) respecting the manner of disclosure under section 5;
(b) requiring records to be kept and retained in respect of that disclosure; and
(c) respecting the manner in which those records are kept and retained.
Marginal note:Amendments to Schedules 1 and 2
(2) The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.
Marginal note:Amendments to Schedule 3
(3) The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.
Related Amendments
R.S., c. E-15Excise Tax Act
3. Section 295 of the Excise Tax Act is amended by adding the following after subsection (5.04):
Marginal note:Threats to security
(5.05) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) confidential information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(b) information setting out the reasonable grounds referred to in paragraph (a), to the extent that any such grounds rely on information referred to in that paragraph.
R.S., c. F-15Department of Fisheries and Oceans Act
4. Section 4 of the Department of Fisheries and Oceans Act is amended by adding the following after subsection (2):
Marginal note:Security of Canada Information Sharing Act
(3) In carrying out activities in relation to the maritime domain, the Minister may receive information that
(a) relates to activities that undermine the security of Canada, as defined in section 2 of the Security of Canada Information Sharing Act; and
(b) is relevant to his or her support of a Government of Canada institution, as defined in that section, that has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of those activities, including their detection, identification, analysis, prevention, investigation or disruption.
R.S., c. 1 (2nd Supp.)Customs Act
5. (1) Subsection 107(4) of the Customs Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) is disclosed in accordance with the Security of Canada Information Sharing Act.
(2) Paragraph 107(5)(j) of the Act is replaced by the following:
(j) an official of the Department of Citizenship and Immigration solely for the purpose of administering or enforcing
(i) the Citizenship Act or the Immigration and Refugee Protection Act, if the information relates to the movement of people into and out of Canada, or
(ii) the law of Canada respecting passports or other travel documents;
R.S., c. 1 (5th Supp.)Income Tax Act
6. (1) The portion of subsection 241(9) of the Income Tax Act before paragraph (c) is replaced by the following:
Marginal note:Threats to security
(9) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) publicly accessible charity information;
(b) taxpayer information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(2) The definition “designated taxpayer information” in subsection 241(10) of the Act is repealed.
1995, c. 25Chemical Weapons Convention Implementation Act
7. Subsection 17(3) of the Chemical Weapons Convention Implementation Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) in the case where the information or documents are disclosed in accordance with the Security of Canada Information Sharing Act.
2002, c. 22Excise Act, 2001
8. Section 211 of the Excise Act, 2001 is amended by adding the following after subsection (6.4):
Marginal note:Threats to security
(6.5) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) confidential information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(b) information setting out the reasonable grounds referred to in paragraph (a), to the extent that any such grounds rely on information referred to in that paragraph.
Coordinating Amendment
Marginal note:2014, c. 39
9. On the first day on which both section 254 of the Economic Action Plan 2014 Act, No. 2 and section 2 of this Act are in force, Schedule 3 to the Security of Canada Information Sharing Act is amended by replacing the reference to “Chief Public Health Officer” in column 2 with a reference to “President of the Public Health Agency of Canada”.
Coming into Force
Marginal note:Order in council
10. (1) Sections 2, 3 and 5 to 8 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 4 comes into force on a day to be fixed by order of the Governor in Council.
PART 2SECURE AIR TRAVEL ACT
Enactment of Act
Marginal note:Enactment
11. The Secure Air Travel Act is enacted as follows:
An Act to enhance security relating to transportation and to prevent air travel for the purpose of engaging in acts of terrorism
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Secure Air Travel Act.
HER MAJESTY
Marginal note:Binding on Her Majesty
2. This Act is binding on Her Majesty in right of Canada or a province.
INTERPRETATION
Marginal note:Definitions
3. The following definitions apply in this Act.
“air carrier”
« transporteur aérien »
“air carrier” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“aviation reservation system”
« système de réservation de services aériens »
“aviation reservation system” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“list”
« liste »
“list” means the list established under subsection 8(1).
“listed person”
« personne inscrite »
“listed person” means a person whose name is on the list.
“Minister”
« ministre »
“Minister” means the Minister of Public Safety and Emergency Preparedness.
“screening”
« contrôle »
“screening” has the same meaning as in section 4.7 of the Aeronautics Act.
“sterile area”
« zone stérile »
“sterile area” has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.
“transportation security”
« sûreté des transports »
“transportation security” has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act.
APPLICATION
Marginal note:General rule
4. (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada.
Marginal note:Conflict of laws
(2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft.
Marginal note:Contraventions outside Canada
5. Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place.
AIR CARRIERS
Marginal note:Duty — air carriers
6. (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act, must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person.
Marginal note:Requirement to provide information
(2) An air carrier or operator of an aviation reservation system must, in accordance with this Act and its regulations, provide any information that is referred to in the schedule to the Aeronautics Act and that is in their control concerning the persons who are on board or expected to be on board an aircraft for any flight.
MINISTER
Marginal note:Delegation
7. The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.
Marginal note:List
8. (1) The Minister may establish a list on which is placed the given name, the surname, any known alias, the date of birth and the gender of any person who the Minister has reasonable grounds to suspect will
(a) engage or attempt to engage in an act that would threaten transportation security; or
(b) travel by air for the purpose of committing an act or omission that
(i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition “terrorism offence” in section 2 of that Act, or
(ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).
Marginal note:Review of list
(2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list.
Marginal note:Amendment of list
(3) The Minister may at any time amend the list
(a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or
(b) by changing the information relating to a listed person.
DIRECTIONS
Marginal note:Directions
9. (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,
(a) the denial of transportation to a person; or
(b) the screening of a person before they enter a sterile area of an airport or board an aircraft.
Marginal note:Exemption from Statutory Instruments Act
(2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act.
COLLECTION AND DISCLOSURE OF INFORMATION
Marginal note:Assistance to Minister
10. The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other:
(a) the Minister of Transport;
(b) the Minister of Citizenship and Immigration;
(c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force;
(d) the Director or an employee of the Canadian Security Intelligence Service;
(e) an officer or employee of the Canada Border Services Agency; and
(f) any other person or entity prescribed by regulation.
Marginal note:Disclosure
11. Subject to section 12, the Minister may disclose information obtained in the exercise or performance of the Minister’s powers, duties or functions under this Act for the purposes of transportation security or the prevention of the travel referred to in paragraph 8(1)(b).
Marginal note:Foreign states
12. The Minister may enter into a written arrangement relating to the disclosure of information referred to in section 11 with the government of a foreign state, an institution of such a government or an international organization and may only disclose the list, in whole or in part, to the state, institution or organization in accordance with the arrangement.
Marginal note:Minister of Transport
13. The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act,
(a) disclose the list to air carriers and to operators of aviation reservation systems;
(b) collect from air carriers and operators of aviation reservation systems any information referred to in the schedule to the Aeronautics Act that is in their control and that relates to a listed person;
(c) disclose to air carriers any direction made by the Minister under section 9; and
(d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10.
Marginal note:Canada Border Services Agency
14. The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including
(a) by disclosing to the Minister and to any other person or entity referred to in section 10 information in respect of a listed person that is collected from air carriers and operators of aviation reservation systems; and
(b) by disclosing to air carriers and to operators of aviation reservation systems that the name of a passenger is the same as that of a listed person.
ADMINISTRATIVE RECOURSE
Marginal note:Application to Minister
15. (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list.
Marginal note:Exceptional circumstances
(2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1).
Marginal note:Representations
(3) The Minister must afford the applicant a reasonable opportunity to make representations.
Marginal note:Application to Minister
(4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list.
Marginal note:Notice of decision to applicant
(5) The Minister must give notice without delay to the applicant of any decision made in respect of the application.
Marginal note:Deemed decision
(6) If the Minister does not make a decision in respect of the application within 90 days after the day on which the application is received, or within any further period that is agreed on by the Minister and the applicant, the Minister is deemed to have decided not to remove the applicant’s name from the list.
APPEALS
Marginal note:Decisions under this Act
16. (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.
Marginal note:Application
(2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal to a judge only after a decision referred to in section 15 is rendered and within 60 days after the earlier of
(a) the day on which the notice of the decision referred to in subsection 15(5) is received, and
(b) the day on which the Minister is deemed to have made a decision under subsection 15(6).
Marginal note:Extension
(3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.
Marginal note:Determination
(4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.
Marginal note:Removal from list
(5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.
Marginal note:Procedure
(6) The following provisions apply to appeals under this section:
(a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;
(b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;
(c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;
(d) the judge must provide the appellant and the Minister with an opportunity to be heard;
(e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;
(f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;
(g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and
(h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.
Definition of “judge”
(7) In this section, “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
Marginal note:Protection of information on appeal
17. Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.
GENERAL
Marginal note:Information destruction
18. Despite any other Act of Parliament, the Minister of Transport must destroy any information received from an air carrier or an operator of an aviation reservation system within seven days after the day on which it is received, unless it is reasonably required for the purposes of this Act.
Marginal note:Rights preserved
19. For greater certainty, nothing in this Act limits or prohibits the collection, use or disclosure of any information if that collection, use or disclosure is otherwise lawful.
PROHIBITIONS
Marginal note:Prohibition — list
20. (1) It is prohibited to disclose the list, except as required for the purposes of sections 10 to 14.
Marginal note:Prohibition — general
(2) It is prohibited to disclose whether or not any individual is or was a listed person, except
(a) for the purposes of sections 10 to 16;
(b) as required to enforce any law of Canada or a province or to carry out a lawful activity;
(c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or
(d) in the case where an individual discloses that he or she is or was a listed person.
Marginal note:Prohibition — air carriers
(3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except
(a) for the purposes of sections 6, 13 and 30; or
(b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information.
Marginal note:Prohibition — persons and goods
21. (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of
(a) their person; or
(b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area.
Marginal note:Prohibition — air carriers
(2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.
Marginal note:Obstruction
22. A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.
OFFENCES AND PUNISHMENT
Marginal note:Contravention
23. (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of section 22
(2) Every person who contravenes section 22 is guilty of
(a) an indictable offence; or
(b) an offence punishable on summary conviction.
Marginal note:Punishment — individuals
(3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Punishment — corporations
(4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000.
Marginal note:Imprisonment precluded in certain cases
(5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Marginal note:Recovery of fines
(6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.
Marginal note:Recovery of costs and charges
(7) All reasonable costs and charges attend- ant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.
Marginal note:Defence
24. A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.
PROSECUTION
Marginal note:Limitation period
25. No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.
Marginal note:Proof of documents
26. In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence
(a) of the original document of which it purports to be a copy;
(b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and
(c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
Marginal note:Document entries as proof
27. In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.
INSPECTION POWERS
Marginal note:Powers to enter, seize and detain
28. (1) The Minister of Transport may
(a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and
(b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying.
Marginal note:Operation of computer systems and copying equipment
(2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may
(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Marginal note:Search warrants
(3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.
Marginal note:No offence
29. A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations.
Marginal note:Duty to assist Minister
30. The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must
(a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and
(b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act.
Marginal note:Compliance order
31. (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular
(a) the movement of aircraft or persons at aerodromes or other aviation facilities; and
(b) the diversion of aircraft to alternate landing sites.
Marginal note:Exemption from Statutory Instruments Act
(2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.
REGULATIONS
Marginal note:Regulations
32. The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations
(a) respecting the verification of air passenger identity;
(b) respecting the use and protection of directions made under section 9 and the use and protection of information provided by the Minister, the Minister of Transport or the Canada Border Services Agency to air carriers and to operators of aviation reservation systems;
(c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and
(d) prescribing anything that may be prescribed under this Act.
TRANSITIONAL PROVISION
Marginal note:Section 16
33. Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force
(a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or
(b) by the Minister of Transport under section 4.76 of the Aeronautics Act.
Consequential Amendments
R.S., c. A-2Aeronautics Act
12. 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
13. The schedule to the Canada Evidence Act is amended by adding the following after item 3:
4. A judge of the Federal Court, for the purposes of section 16 of the Secure Air Travel Act
Coming into Force
Marginal note:Order in council
14. 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
15. (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;
16. 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).
17. (1) Paragraphs 83.3(2)(a) and (b) of the Act are replaced by the following:
(a) believes on reasonable grounds that a terrorist activity may be carried out; and
(b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is likely to prevent the carrying out of the terrorist activity.
(2) Subsection 83.3(4) of the Act is replaced by the following:
Marginal note:Arrest without warrant
(4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), if
(a) either
(i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or
(ii) an information has been laid under subsection (2) and a summons has been issued; and
(b) the peace officer suspects on reasonable grounds that the detention of the person in custody is likely to prevent a terrorist activity.
(3) Section 83.3 of the Act is amended by adding the following after subsection (7):
Marginal note:Adjournment under subparagraph (7)(b)(ii)
(7.1) If a judge has adjourned the matter under subparagraph (7)(b)(ii) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who
(a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and
(b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.
Marginal note:Adjournment under paragraph (7.1)(b)
(7.2) If a judge has adjourned the matter under paragraph (7.1)(b) and the person remains in custody at the end of the period of adjournment, the person shall be taken before a provincial court judge who
(a) shall order that the person be released unless a peace officer shows cause why the person’s detention in custody is justified on one or more of the grounds set out in clauses (7)(b)(i)(A) to (C) and satisfies the judge that the investigation in relation to which the person is detained is being conducted diligently and expeditiously; and
(b) may adjourn the matter for a hearing under subsection (8) but, if the person is not released under paragraph (a), the adjournment may not exceed 48 hours.
(4) Paragraphs 83.3(8)(a) and (b) of the Act are replaced by the following:
(a) may, if the judge is satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsections (10), (11.1) and (11.2), that the judge considers desirable for preventing the carrying out of a terrorist activity; and
(b) if the person was not released under subparagraph (7)(b)(i) or paragraph (7.1)(a) or (7.2)(a), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a).
(5) Section 83.3 of the Act is amended by adding the following after subsection (8):
Marginal note:Duration extended
(8.1) However, if the judge is also satisfied that the person was convicted previously of a terrorism offence, the judge may order that the person enter into the recognizance for a period of not more than two years.
(6) Subsection 83.3(12) of the Act is replaced by the following:
Marginal note:Condition — passport
(11.1) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Condition — specified geographic area
(11.2) The judge shall consider whether it is desirable, to prevent the carrying out of a terrorist activity, to include in the recognizance a condition that the person remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Reasons
(12) If the judge does not add a condition described in subsection (10), (11.1) or (11.2) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.
18. (1) Paragraph 83.31(2)(c) of the Act is replaced by the following:
(c) the number of cases in which a person was not released under subsection 83.3(7), (7.1) or (7.2) pending a hearing;
(2) Subparagraph 83.31(3)(b)(ii) of the Act is replaced by the following:
(ii) by a judge under paragraph 83.3(7)(a), (7.1)(a) or (7.2)(a).
19. Paragraph (a) of the definition “offence” in section 183 of the Act is amended by adding the following after subparagraph (xii.8):
(xii.81) subsection 83.221(1) (advocating or promoting commission of terrorism offences),
20. Paragraphs 195(1)(a) and (b) of the Act are replaced by the following:
(a) authorizations for which that Minister and agents specially designated in writing by that Minister for the purposes of section 185 applied and the interceptions made under those authorizations in the immediately preceding year;
(b) authorizations given under section 188 for which peace officers specially designated by that Minister for the purposes of that section applied and the interceptions made under those authorizations in the immediately preceding year; and
21. (1) Subsection 486(1) of the Act is replaced by the following:
Marginal note:Exclusion of public
486. (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, order the exclusion of all or any members of the public from the court room for all or part of the proceedings, or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national secu- rity.
Marginal note:Application
(1.1) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
(2) Section 486 of the Act is amended by adding the following after subsection (3):
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
22. The Act is amended by adding the following after section 486.6:
Marginal note:Security of witnesses
486.7 (1) In any proceedings against an accused, the presiding judge or justice may, on application of the prosecutor or a witness or on his or her own motion, make any order, other than one that may be made under any of sections 486 to 486.5, if the judge or justice is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of justice.
Marginal note:Application
(2) The application may be made, during the proceedings, to the presiding judge or justice or, before the proceedings begin, to the judge or justice who will preside at the proceedings or, if that judge or justice has not been determined, to any judge or justice having jurisdiction in the judicial district where the proceedings will take place.
Marginal note:Factors to be considered
(3) In determining whether to make the order, the judge or justice shall consider
(a) the age of the witness;
(b) the witness’s mental or physical disabilities, if any;
(c) the right to a fair and public hearing;
(d) the nature of the offence;
(e) whether the witness needs the order to protect them from intimidation or retaliation;
(f) whether the order is needed to protect the security of anyone known to the witness;
(g) society’s interest in encouraging the reporting of offences and the participation of victims and witnesses in the criminal justice process;
(h) the importance of the witness’s testimony to the case;
(i) whether effective alternatives to the making of the proposed order are available in the circumstances;
(j) the salutary and deleterious effects of the proposed order; and
(k) any other factor that the judge or justice considers relevant.
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
23. 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.09):
(i.091) subsection 83.221(1) (advocating or promoting commission of terrorism offences),
24. (1) Subsection 810.01(1) of the Act is replaced by the following:
Marginal note:Fear of certain offences
810.01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.1 or a criminal organization offence may, with the Attorney General’s consent, lay an information before a provincial court judge.
(2) Section 810.01 of the Act is amended by adding the following after subsection (7):
Definition of “Attorney General”
(8) With respect to proceedings under this section, “Attorney General” means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.
25. (1) The Act is amended by adding the following after section 810.01:
Marginal note:Fear of terrorism offence
810.011 (1) A person who fears on reasonable grounds that another person may commit a terrorism offence may, with the Attorney General’s consent, lay an information before a provincial court judge.
Marginal note:Appearances
(2) The provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge.
Marginal note:Adjudication
(3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months.
Marginal note:Duration extended
(4) However, if the provincial court judge is also satisfied that the defendant was convicted previously of a terrorism offence, the judge may order that the defendant enter into the recognizance for a period of not more than five years.
Marginal note:Refusal to enter into recognizance
(5) The provincial court judge may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.
Marginal note:Conditions in recognizance
(6) The provincial court judge may add any reasonable conditions to the recognizance that the judge considers desirable to secure the good conduct of the defendant, including conditions that require the defendant
(a) to participate in a treatment program;
(b) to wear an electronic monitoring device, if the Attorney General makes that request;
(c) to return to and remain at their place of residence at specified times; or
(d) to abstain from the consumption of drugs, except in accordance with a medical prescription, of alcohol or of any other intoxicating substance.
Marginal note:Conditions — firearms
(7) The provincial court judge shall consider whether it is desirable, in the interests of the defendant’s safety or that of any other person, to prohibit the defendant from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which it applies.
Marginal note:Surrender, etc.
(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge shall specify in the recognizance how the things referred to in that subsection that are in the defendant’s possession shall be surrendered, disposed of, detained, stored or dealt with and how the authorizations, licences and registration certificates that are held by the defendant shall be surrendered.
Marginal note:Condition — passport
(9) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant deposit, in the specified manner, any passport or other travel document issued in their name that is in their possession or control. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Condition — specified geographic area
(10) The provincial court judge shall consider whether it is desirable, to secure the good conduct of the defendant, to include in the recognizance a condition that the defendant remain within a specified geographic area unless written permission to leave that area is obtained from the judge or any individual designated by the judge. If the judge decides that it is desirable, the judge shall add the condition to the recognizance and specify the period during which it applies.
Marginal note:Reasons
(11) If the provincial court judge does not add a condition described in subsection (7), (9) or (10) to a recognizance, the judge shall include in the record a statement of the reasons for not adding it.
Marginal note:Variance of conditions
(12) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance.
Marginal note:Other provisions to apply
(13) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to recognizances made under this section.
Definition of “Attorney General”
(14) With respect to proceedings under this section, “Attorney General” means either the Attorney General of Canada or the Attorney General of the province in which those proceedings are taken and includes the lawful deputy of any of them.
(2) Subsection 810.011(6) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after paragraph (d):
(e) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation on the demand of a peace officer, a probation officer or someone designated under paragraph 810.3(2)(a) to make a demand, at the place and time and on the day specified by the person making the demand, if that person has reasonable grounds to believe that the defendant has breached a condition of the recognizance that requires them to abstain from the consumption of drugs, alcohol or any other intoxicating substance; or
(f) to provide, for the purpose of analysis, a sample of a bodily substance prescribed by regulation at regular intervals that are specified, in a notice in Form 51 served on the defendant, by a probation officer or a person designated under paragraph 810.3(2)(b) to specify them, if a condition of the recognizance requires the defendant to abstain from the consumption of drugs, alcohol or any other intoxicating substance.
26. The Act is amended by adding the following after section 810.2:
Marginal note:Video conference
810.21 If a defendant is required to appear under any of sections 83.3 and 810 to 810.2, a provincial court judge may, on application of the prosecutor, order that the defendant appear by video conference if the judge is satisfied that it would serve the proper administration of justice, including by ensuring a fair and efficient hearing and enhancing access to justice.
Marginal note:Transfer of order
810.22 (1) If a person who is bound by an order under any of sections 83.3 and 810 to 810.2 becomes a resident of — or is charged with, convicted of or discharged under section 730 of an offence, including an offence under section 811, in — a territorial division other than the territorial division in which the order was made, on application of a peace officer or the Attorney General, a provincial court judge may, subject to subsection (2), transfer the order to a provincial court judge in that other territorial division and the order may then be dealt with and enforced by the provincial court judge to whom it is transferred in all respects as if that provincial court judge had made the order.
Marginal note:Attorney General’s consent
(2) The transfer may be granted only with
(a) the consent of the Attorney General of the province in which the order was made, if the two territorial divisions are not in the same province; or
(b) the consent of the Attorney General of Canada, if the information that led to the issuance of the order was laid with the consent of the Attorney General of Canada.
Marginal note:If judge unable to act
(3) If the judge who made the order or a judge to whom an order has been transferred is for any reason unable to act, the powers of that judge in relation to the order may be exercised by any other judge of the same court.
27. (1) 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 any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of
(2) Paragraphs 811(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and is liable to imprisonment for a term of not more than four years; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months.
Transitional Provision
Marginal note:Information — terrorism offence
28. If an information has been laid under subsection 810.01(1) of the Criminal Code before the day on which this section comes into force by a person who fears on reasonable grounds that another person will commit a terrorism offence and a provincial court judge has not made a final determination with respect to the information, the information is deemed, on that day, to have been laid under subsection 810.011(1) of that Act.
Consequential Amendments
R.S., c. P-20Prisons and Reformatories Act
29. The portion of the definition “prisoner” in subsection 2(1) of the Prisons and Reformatories Act after paragraph (b) is replaced by the following:
who is confined in a prison pursuant to a sentence for an offence under a provision of an Act of Parliament or any of its regulations, or pursuant to a committal for failure or refusal to enter into a recognizance under any of sections 83.3 and 810 to 810.2 of the Criminal Code;
1992, c. 20Corrections and Conditional Release Act
30. Section 1 of Schedule I to the Corrections and Conditional Release Act is amended by adding the following after paragraph (a.91):
(a.92) subsection 83.221(1) (advocating or promoting commission of terrorism offences);
1997, c. 36Customs Tariff
31. The Description of Goods of tariff item No. 9899.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding a reference to “Writings, signs, visible representations or audio recordings that constitute terrorist propaganda within the meaning of subsection 83.222(8) of the Criminal Code;” as a separate provision before the provision “Posters and handbills depicting scenes of crime or violence; or”.
2002, c. 1Youth Criminal Justice Act
32. Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:
Marginal note:Orders
(2) A youth justice court has jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity),810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
33. Paragraph 142(1)(a) of the Act is replaced by the following:
(a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;
Coordinating Amendments
Marginal note:2011, c. 7
34. (1) In this section, “other Act” means the Response to the Supreme Court of Canada Decision in R. v. Shoker Act.
(2) On the first day on which both subsection 25(2) of this Act and section 11 of the other Act are in force,
(a) the portion of subsection 810.3(1) of the Criminal Code before paragraph (a) is replaced by the following:
Marginal note:Samples — designations and specifications
810.3 (1) For the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory,
(b) paragraphs 810.3(2)(a) and (b) of the Criminal Code are replaced by the following:
(a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.02)(b), 810.01(4.1)(f), 810.011(6)(e), 810.1(3.02)(h) and 810.2(4.1)(f); and
(b) to specify the regular intervals at which a defendant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g).
(c) subsections 810.3(3) and (4) of the Criminal Code are replaced by the following:
Marginal note:Restriction
(3) Samples of bodily substances referred to in sections 810, 810.01, 810.011, 810.1 and 810.2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1).
Marginal note:Destruction of samples
(4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811.
(d) paragraph 810.3(5)(a) of the Criminal Code is replaced by the following:
(a) prescribing bodily substances for the purposes of sections 810, 810.01, 810.011, 810.1 and 810.2;
(e) subsection 810.3(6) of the Criminal Code is replaced by the following:
Marginal note:Notice — samples at regular intervals
(6) The notice referred to in paragraph 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) or 810.2(4.1)(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days.
(f) subsections 810.4(1) to (3) of the Criminal Code are replaced by the following:
Marginal note:Prohibition on use of bodily substance
810.4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Marginal note:Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2.
Marginal note:Exception
(3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes.
(3) On the first day on which both subsection 25(2) of this Act and section 12 of the other Act are in force, subsection 811.1(1) of the Criminal Code is replaced by the following:
Marginal note:Proof of certificate of analyst — bodily substance
811.1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.01, 810.011, 810.1 or 810.2 that a defend- ant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate.
(4) On the first day on which both subsection 25(2) of this Act and section 13 of the other Act are in force, the section references after the heading “FORM 51” in Form 51 in Part XXVIII of the Criminal Code are replaced by the following:
(Paragraphs 732.1(3)(c.2), 742.3(2)(a.2), 810(3.02)(c), 810.01(4.1)(g), 810.011(6)(f), 810.1(3.02)(i) and 810.2(4.1)(g))
(5) If section 26 of this Act comes into force before section 11 of the other Act, then the portion of that section 11 before the section 810.3 that it enacts is replaced by the following:
11. The Act is amended by adding the following after section 810.22:
(6) If section 26 of this Act comes into force on the same day as section 11 of the other Act, then that section 11 is deemed to have come into force before that section 26.
Marginal note:2014, c. 31
35. On the first day on which both section 16 of this Act and subsection 16(2) of the Protecting Canadians from Online Crime Act are in force,
(a) the portion of subsection 83.223(1) of the Criminal Code before paragraph (a) is replaced by the following:
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 computer 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
(b) subsection 83.223(5) of the Criminal Code is replaced by the following:
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 computer data that makes terrorist propaganda available, it may order the computer system’s custodian to delete the material.
(c) subsection 83.223(7) of the Criminal Code is replaced by the following:
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 computer 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).
(d) the definition “data” in subsection 83.223(11) of the Criminal Code is repealed;
(e) subsection 83.223(11) of the Criminal Code is amended by adding the following in alphabetical order:
“computer data”
« données informatiques »
“computer data” has the same meaning as in subsection 342.1(2).
Marginal note:Bill S-7
36. (1) Subsections (2) to (9) apply if Bill S-7, introduced in the 2nd session of the 41st Parliament and entitled the Zero Tolerance for Barbaric Cultural Practices Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 25(1) of this Act comes into force before section 11 of the other Act, then the portion of that section 11 before the section 810.02 that it enacts is replaced by the following:
11. The Act is amended by adding the following after section 810.011:
(3) If subsection 25(1) of this Act comes into force on the same day as section 11 of the other Act, then that section 11 is deemed to have come into force before that subsection 25(1).
(4) If subsection 27(1) of this Act comes into force before section 12 of the other Act, then that section 12 is repealed.
(5) If subsection 27(1) of this Act comes into force on the same day as section 12 of the other Act, then that section 12 is deemed to have come into force before that subsection 27(1).
(6) If section 29 of this Act comes into force before section 13 of the other Act, then that section 13 is repealed.
(7) If section 29 of this Act comes into force on the same day as section 13 of the other Act, then that section 13 is deemed to have come into force before that section 29.
(8) On the first day on which both section 32 of this Act and section 14 of the other Act are in force, subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:
Marginal note:Orders
(2) A youth justice court has jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
(9) On the first day on which both section 33 of this Act and section 15 of the other Act are in force, paragraph 142(1)(a) of the Youth Criminal Justice Act is replaced by the following:
(a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;
Marginal note:Bill C-26
37. (1) Subsections (2) to (4) apply if Bill C-26, introduced in the 2nd session of the 41st Parliament and entitled the Tougher Penalties for Child Predators Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 27(2) of this Act comes into force before section 19 of the other Act, then that section 19 is repealed.
(3) If section 19 of the other Act comes into force before subsection 27(2) of this Act, then that subsection 27(2) is repealed.
(4) If subsection 27(2) of this Act comes into force on the same day as section 19 of the other Act, then that subsection 27(2) is deemed to have come into force before that section 19 and subsection (2) applies as a consequence.
Marginal note:Bill C-32
38. (1) Subsections (2) and (3) apply if Bill C-32, introduced in the 2nd session of the 41st Parliament and entitled the Victims Bill of Rights Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both this Act has received royal assent and section 15 of the other Act is in force, subsection 486.2(3) of the Criminal Code is amended by adding the following after paragraph (f):
(f.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
(3) On the first day on which both this Act has received royal assent and section 17 of the other Act is in force, subsection 486.31(3) of the Criminal Code is amended by adding the following after paragraph (e):
(e.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
Coming into Force
Marginal note:Thirty days after royal assent
39. (1) Subsection 15(2), sections 17, 18 and 24, subsection 25(1) and sections 26 to 29, 32 and 33 come into force 30 days after the day on which this Act receives royal assent.
Marginal note:Subsection 25(2)
(2) Subsection 25(2) comes into force on the later of 30 days after the day on which this Act receives royal assent and the day on which subsection 8(3) of the Response to the Supreme Court of Canada Decision in R. v. Shoker Act comes into force.
PART 4R.S., c. C-23CANADIAN SECURITY INTELLIGENCE SERVICE ACT
40. Section 6 of the Canadian Security Intelligence Service Act is amended by adding the following after subsection (4):
Marginal note:Measures to reduce threats to the security of Canada
(5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:
(a) for each of the paragraphs of the definition “threats to the security of Canada” in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;
(b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and
(c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.
41. Subsection 7(2) of the Act is replaced by the following:
Marginal note:Consultation with Deputy Minister — warrant
(2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant.
42. The Act is amended by adding the following after section 12:
Marginal note:Measures to reduce threats to the security of Canada
12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.
Marginal note:Limits
(2) The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Warrant
(3) The Service shall not take measures to reduce a threat to the security of Canada if those measures will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms or will be contrary to other Canadian law, unless the Service is authorized to take them by a warrant issued under section 21.1.
Marginal note:Clarification
(4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.
Marginal note:Prohibited conduct
12.2 (1) In taking measures to reduce a threat to the security of Canada, the Service shall not
(a) cause, intentionally or by criminal negligence, death or bodily harm to an individual;
(b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice; or
(c) violate the sexual integrity of an individ- ual.
Definition of “bodily harm”
(2) In subsection (1), “bodily harm” has the same meaning as in section 2 of the Criminal Code.
43. Paragraph 21(2)(h) of the Act is replaced by the following:
(h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.
44. The Act is amended by adding the following after section 21:
Marginal note:Application for warrant — measures to reduce threats to the security of Canada
21.1 (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures, within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.
Marginal note:Matters to be specified in application
(2) An application to a judge under subsection (1) shall be made in writing and be accompanied by the applicant’s affidavit deposing to the following matters:
(a) the facts relied on to justify the belief on reasonable grounds that a warrant under this section is required to enable the Service to take measures to reduce a threat to the security of Canada;
(b) the measures proposed to be taken;
(c) the reasonableness and proportionality, in the circumstances, of the proposed measures, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat;
(d) the identity of the persons, if known, who are directly affected by the proposed meas- ures;
(e) the persons or classes of persons to whom the warrant is proposed to be directed;
(f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given;
(g) the period, not exceeding 60 days or 120 days, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (6); and
(h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.
Marginal note:Issuance of warrant
(3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (c) that are set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to take the measures specified in it and, for that purpose,
(a) to enter any place or open or obtain access to any thing;
(b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing;
(c) to install, maintain or remove any thing; or
(d) to do any other thing that is reasonably necessary to take those measures.
Marginal note:Measures taken outside Canada
(4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize the measures specified in it to be taken outside Canada.
Marginal note:Matters to be specified in warrant
(5) There shall be specified in a warrant issued under subsection (3)
(a) the measures authorized to be taken;
(b) the identity of the persons, if known, who are directly affected by the measures;
(c) the persons or classes of persons to whom the warrant is directed;
(d) a general description of the place where the warrant may be executed, if a general description of that place can be given;
(e) the period for which the warrant is in force; and
(f) any terms and conditions that the judge considers advisable in the public interest.
Marginal note:Maximum duration of warrant
(6) A warrant shall not be issued under subsection (3) for a period exceeding
(a) 60 days if the warrant is issued to enable the Service to take measures to reduce a threat to the security of Canada within the meaning of paragraph (d) of the definition “threats to the security of Canada” in section 2; or
(b) 120 days in any other case.
45. Section 23 of the Act is replaced by the following:
Marginal note:Renewal of warrant — measures to reduce threats to the security of Canada
22.1 (1) On application in writing to a judge for the renewal of a warrant issued under subsection 21.1(3) made by a person who is entitled, after having obtained the Minister’s approval, to apply for such a warrant and who believes on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada, the judge may renew the warrant if the judge is satisfied by evidence on oath of the following matters:
(a) the facts relied on to justify the belief on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada; and
(b) the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Limits on renewal
(2) A warrant issued under subsection 21.1(3) may be renewed only twice, with each renewal being for a period not exceeding the period for which it may be issued under subsection 21.1(6).
Marginal note:Limits on execution of warrant
22.2 A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Assistance order
22.3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21 or 21.1.
Marginal note:Confidentiality
(2) The judge may include in the order any measure that the judge considers necessary in the public interest to ensure the confidentiality of the order, including the identity of any person who is required to provide assistance under the order and any other information concerning the provision of the assistance.
Marginal note:Warrant authorizing removal
23. (1) On application in writing by the Director or any employee who is designated by the Minister for the purpose, a judge may, if the judge thinks fit, issue a warrant authorizing the persons to whom the warrant is directed to remove from any place any thing installed in accordance with a warrant issued under subsection 21(3) or 21.1(3) and, for that purpose, to enter any place or open or obtain access to any thing.
Marginal note:Matters to be specified in warrant
(2) There shall be specified in a warrant issued under subsection (1) the matters referred to in paragraphs 21(4)(c) to (f) or 21.1(5)(c) to (f), as the case may be.
46. The Act is amended by adding the following after section 24:
Marginal note:Authorization to request assistance
24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure and the reasonable availability of other means to reduce the threat.
Marginal note:Person giving assistance
(2) A person to whom a request is made under subsection (1) is justified in assisting the requester in taking the measure if the person believes on reasonable grounds that the request- er has the authority to take the measure.
47. Paragraph 25(a) of the Act is replaced by the following:
(a) the use or disclosure in accordance with this Act of any communication intercepted under the authority of a warrant issued under section 21 or 21.1; or
48. Sections 26 and 27 of the Act are replaced by the following:
Marginal note:Exclusion of Part VI of Criminal Code
26. Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or 21.1 or in relation to any communication so intercepted.
Marginal note:Hearing of applications
27. An application under section 21, 21.1 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be heard in private in accordance with regulations made under section 28.
49. Paragraphs 28(a) and (b) of the Act are replaced by the following:
(a) prescribing the forms of warrants that may be issued under section 21, 21.1 or 23;
(b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for those warrants, for renewals of those warrants and for orders that may be made under section 22.3; and
50. Section 38 of the Act is amended by adding the following after subsection (1):
Marginal note:Review of measures
(1.1) In reviewing the performance by the Service of its duties and functions the Review Committee shall, each fiscal year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.
51. Section 53 of the Act is renumbered as subsection 53(1) and is amended by adding the following:
Marginal note:Additional information
(2) In addition, the report shall specify the number of warrants issued under section 21.1 in the fiscal year and the number of applications for warrants made under that section that were refused in that year.
PART 52001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Amendments to the Act
52. Subsection 72(1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Application for judicial review
72. (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is, subject to section 86.1, commenced by making an application for leave to the Court.
53. Paragraph 74(d) of the Act is replaced by the following:
(d) subject to section 87.01, an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
54. Subsections 77(2) and (3) of the Act are replaced by the following:
Marginal note:Filing of evidence and summary
(2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to national security or endanger the safety of any person if disclosed.
Marginal note:Effect of referral
(3) Once the certificate is referred, no proceeding under this Act respecting the person who is named in the certificate — other than proceedings relating to sections 79.1, 82 to 82.31, 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable.
55. The Act is amended by adding the following after section 79:
Marginal note:Appeal by Minister
79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined.
56. The Act is amended by adding the following after section 82.3:
Marginal note:Appeal by Minister
82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision until the appeal has been finally determined.
57. (1) Subsection 83(1) of the Act is amended by adding the following after paragraph (c):
(c.1) on the request of the Minister, the judge may exempt the Minister from the obligation to provide the special advocate with a copy of information under paragraph 85.4(1)(b) if the judge is satisfied that the information does not enable the permanent resident or foreign national to be reasonably informed of the case made by the Minister;
(c.2) for the purpose of deciding whether to grant an exemption under paragraph (c.1), the judge may ask the special advocate to make submissions and may communicate with the special advocate to the extent required to enable the special advocate to make the submissions, if the judge is of the opinion that considerations of fairness and natural justice require it;
(2) Subsection 83(1) of the Act is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) the judge shall not base a decision on information that the Minister is exempted from providing to the special advocate, shall ensure the confidentiality of that information and shall return it to the Minister.
58. Section 84 of the Act is replaced by the following:
Marginal note:Protection of information on appeal
84. Section 83 — other than the obligation to provide a summary — and sections 85.1 to 85.5 apply in respect of an appeal under section 79, 79.1, 82.3 or 82.31 and in respect of any further appeal, with any necessary modifications.
59. Subsection 85.4(1) of the Act is replaced by the following:
Marginal note:Obligation to provide information
85.4 (1) Subject to paragraph 83(1)(c.1), the Minister shall, within a period set by the judge,
(a) provide the special advocate with a copy of the information and other evidence that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, on which the certificate or warrant is based and that has been filed with the Federal Court, but that is not disclosed to the permanent resident or foreign national and their counsel; and
(b) provide the special advocate with a copy of any other information that is in the Minister’s possession and that is relevant to the case made by the Minister in a proceeding under any of sections 78 and 82 to 82.2, but on which the certificate or warrant is not based and that has not been filed with the Federal Court.
60. Section 87 of the Act is replaced by the following:
Marginal note:Judicial review
86.1 (1) The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person. The application may be made without an application for leave.
Marginal note:Effects of judicial review
(2) The making of the application suspends the execution of the decision and, except in the case of a detention review, the proceeding referred to in section 86, until the application has been finally determined.
Marginal note:Application for non-disclosure — judicial review and appeal
87. The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Section 83 — other than the obligations to appoint a special advocate and to provide a summary — applies in respect of the proceeding and in respect of any appeal of a decision made in the proceeding, with any necessary modifications.
Marginal note:Appeal by Minister
87.01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision, as well as the judicial review, until the appeal has been finally determined.
Transitional Provision
Marginal note:Cases excluded from application of this Part
61. The amendments made by this Part do not apply in respect of an application, proceeding or matter that is pending or in progress under Division 9 of Part 1 of the Immigration and Refugee Protection Act immediately before the coming into force of this Part, or in respect of any appeal or judicial review, commenced on or after that coming into force, of a decision made in such an application, proceeding or matter.
Coming into Force
Marginal note:Order in council
62. This Part comes into force on a day to be fixed by order of the Governor in Council.
SCHEDULE(Section 2)
SCHEDULE 1(Section 2 and subsection 10(2))EXCLUDED INSTITUTIONS
SCHEDULE 2(Section 2 and subsection 10(2))ADDITIONAL INSTITUTIONS
Office of the Communications Security Establishment Commissioner
Bureau du commissaire du Centre de la sécurité des télécommunications
SCHEDULE 3(Subsections 5(1) and 10(3))RECIPIENT GOVERNMENT OF CANADA INSTITUTIONS AND THEIR HEADS
| Column 1 | Column 2 |
|---|---|
| Recipient Institution | Head |
| President of the Canada Border Services Agency |
| Commissioner of Revenue |
| Chief of the Defence Staff |
| President of the Canadian Food Inspection Agency |
| President of the Canadian Nuclear Safety Commission |
| Director of the Canadian Security Intelligence Service |
| Chief of the Communications Security Establishment |
| Minister of Citizenship and Immigration |
| Minister of Finance |
| Minister of Foreign Affairs |
| Minister of Health |
| Minister of National Defence |
| Minister of Public Safety and Emergency Preparedness |
| Minister of Transport |
| Director of the Financial Transactions and Reports Analysis Centre of Canada |
| Chief Public Health Officer |
| Commissioner of the Royal Canadian Mounted Police |
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