First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
STATUTES OF CANADA 2023
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An Act to amend the Criminal Code and to make consequential amendments to other Acts
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ASSENTED TO
June 20, 2023
BILL C-41 |
This enactment amends the Criminal Code in order to create a regime under which the Minister of Public Safety and Emergency Preparedness may authorize an eligible person to carry out, in a geographic area that is controlled by a terrorist group and for certain purposes, activities that otherwise would be prohibited under paragraph 83.03(b) of that Act (which becomes subsection 83.03(2)). It also makes consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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70-71 Elizabeth II – 1 Charles III |
CHAPTER 14 |
An Act to amend the Criminal Code and to make consequential amendments to other Acts |
[Assented to 20th June, 2023]
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His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
2001, c. 41, s. 4; 2019, c. 25, s. 16(E)
(a) providing or supporting the provision of health services;
(b) providing or supporting the provision of education services;
(c) providing or supporting the provision of programs to assist individuals in earning a livelihood;
(d) providing or supporting the provision of programs to promote or protect human rights;
(e) providing or supporting the provision of services related to immigration, including services related to the resettlement of individuals and the safe passage of individuals from one geographic area to another; and
(f) supporting any operations of a federal minister or a department or agency of the Government of Canada that are conducted for a purpose other than one set out in any of paragraphs (a) to (e).
(a) the Minister of Citizenship and Immigration, if the application is in respect of only the purpose set out in paragraph (1)(e);
(b) the Minister of Foreign Affairs, if the application is not in respect of the purpose set out in paragraph (1)(e); or
(c) both of those Ministers, if the application is in respect of two or more purposes set out in subsection (1), at least one of which is the purpose set out in paragraph (1)(e).
(a) the application meets any requirements set out in the regulations;
(b) the geographic area identified in the application is controlled by a terrorist group;
(c) the activity proposed in the application is to be carried out for any of the purposes set out in paragraphs (1)(a) to (f);
(d) that activity responds to a real and important need in that geographic area; and
(e) the applicant is capable of administering funds, and reporting on that administration, in a manner that is transparent and accountable, in circumstances in which a terrorist group may use or benefit from property or financial or other related services.
(a) there is no practical way to carry out the activity proposed in the application without creating a risk that, in whole or in part, a terrorist group will use or benefit from the property or financial or related services at issue; and
(b) the benefits of carrying out of that activity outweigh that risk, taking into account
(i) the referral of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be,
(ii) the security review conducted by the Public Safety Minister under subsection (10),
(iii) any mitigation measures to minimize that risk, and any other terms and conditions, that may be included in the authorization, and
(iv) any other factor that the Public Safety Minister considers appropriate in the circumstances.
(a) whether the applicant or any person who is to be involved in carrying out the activity proposed in the application has any links to a terrorist group;
(b) the likelihood that the applicant or any person who is to be involved in carrying out that activity will be acting for the benefit of, at the direction of or in association with a terrorist group in carrying out the activity; and
(c) whether the applicant or any person who is to be involved in carrying out that activity is being or has been investigated for having committed a terrorism offence or has ever been charged with a terrorism offence.
(a) the Security Council did not intend that the activity be prohibited;
(b) the Security Council or a Committee established by the Security Council has approved the activity in advance; or
(c) in the opinion of the Minister of Foreign Affairs, there is no obstacle in international law to granting the authorization.
(a) a person to whom the authorization applies fails to comply with the authorization, including any terms and conditions included in it;
(b) the person to whom the authorization is granted fails, without reasonable excuse, to comply with any reporting requirements or to provide any information requested under section 83.034; or
(c) the Public Safety Minister is no longer satisfied that the condition set out in paragraph 83.032(9)(b) is met.
(a) the Canadian Security Intelligence Service;
(b) the Royal Canadian Mounted Police;
(c) the Communications Security Establishment;
(d) the Department of National Defence;
(e) the Canadian Armed Forces;
(f) the Department of Foreign Affairs, Trade and Development;
(g) the Canada Revenue Agency;
(h) the Canada Border Services Agency;
(i) the Department of Citizenship and Immigration; and
(j) any other entity prescribed by regulation.
(a) at any time during the proceeding, the judge must, on the request of the relevant Minister, hear submissions on evidence or other information in the absence of the public and of the applicant and their counsel if, in the judge’s opinion, the disclosure of the evidence or other information could be injurious to international relations, national defence or national security or could endanger the safety of any person;
(a.1) the judge may allow an amicus curiae who is appointed in respect of the proceeding to participate in a hearing under paragraph (a) and to review the evidence or other information that is the subject of the hearing;
(b) the judge must ensure the confidentiality of the evidence and other information provided by the relevant Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person;
(c) the judge must ensure that the applicant is provided with a summary of the evidence and other information available to the judge that enables the applicant to be reasonably informed of the reasons for the relevant Minister’s decision but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or would endanger the safety of any person if disclosed;
(d) the judge must provide the applicant and the relevant Minister with an opportunity to be heard;
(e) the judge may base their decision on evidence or other information available to them even if a summary of that evidence or other information has not been provided to the applicant;
(f) if the judge determines that evidence or other information provided by the relevant Minister is not relevant or if the relevant Minister withdraws the evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the relevant Minister; and
(g) the judge must ensure the confidentiality of all evidence and other information that the relevant Minister withdraws.
(a) respecting applications for authorization referred to in subsection 83.032(1);
(a.1) respecting requests and the provision of information under subsection 83.032(2.1);
(b) respecting the granting, renewal, amendment, suspension, revocation or restriction of the scope of authorizations by the Public Safety Minister for the purposes of sections 83.032 and 83.035 to 83.037;
(c) respecting reporting by the person to whom an authorization is granted under section 83.032 for the purpose of ensuring compliance with the authorization and with any terms and conditions included in it under subsection 83.032(12); and
(d) prescribing any other entity for the purpose of paragraph 83.038(1)(j).
2004, c. 15, s. 108
(xii.2) subsection 83.03(1) (providing, making available, etc., property or services for terrorist purposes),
(xii.21) subsection 83.03(2) (providing, making available, etc., property or services — use by terrorist group),
R.S., c. C-44
2019, c. 29, s. 101
(e) subsections 83.03(1) and (2) (providing, making available, etc., property or services for terrorist purposes and providing, making available, etc., property or services — use by terrorist group);
R.S., c. E-15
(xiv) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
R.S., c. 1 (5th Supp.)
(xxiii) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
2002, c. 22
(xv) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
Published under authority of the Speaker of the House of Commons
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