National Security Act, 2017 (S.C. 2019, c. 13)

• 137 (1) Subsection 20(1) of the Act is replaced by the following:

  Marginal note:Prohibition — list

  • 20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13.

• (2) The portion of subsection 20(2) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Interdiction — général

    (2) Il est interdit de communiquer le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :

• (3) Paragraph 20(2)(a) of the Act is replaced by the following:

  • (a) for the purposes of sections 10 and 10.3 to 16;

• (4) Subsection 20(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.

• (5) The portion of subsection 20(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Interdiction — transporteur aérien

    (3) Malgré le paragraphe (2), il est interdit à tout transporteur aérien et à tout exploitant de systèmes de réservation de services aériens de communiquer tout renseignement relatif à une personne inscrite ou le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :

• (6) Paragraph 20(3)(a) of the Act is replaced by the following:

  • (a) for the purposes of sections 6 and 30;

• (7) Subsection 20(3) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:

  • (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.

138 Paragraph 32(b) of the Act is replaced by the following:

Transitional Provision

Marginal note:Continued application

139 Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.

PART 7R.S., c. C-46Criminal Code

Amendments to the Act

140 Paragraph (f) of the definition Attorney General in section 2 of the Criminal Code is replaced by the following:

• 141 (1) Paragraph 83.05(1)(b) of the Act is replaced by the following:

  • (b) the entity has knowingly acted on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

• (2) Subsections 83.05(2) and (3) of the Act are replaced by the following:

  • Marginal note:Amendment to name of listed entity

    (1.2) The Minister may, by regulation,

    • (a) change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and

    • (b) delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.

  • Marginal note:Application to Minister

    (2) On application in writing by a listed entity to be removed from the list, the Minister shall decide whether the applicant should remain a listed entity or whether the Minister should recommend to the Governor in Council that the applicant be removed from the list, taking into account the grounds set out in subsection (1).

  • Marginal note:Deeming

    (3) If the Minister does not make a decision on the application referred to in subsection (2) within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the applicant, the Minister is deemed to have decided that the applicant should remain a listed entity.

• (3) Paragraph 83.05(6)(a) of the Act is replaced by the following:

  • (a) examine, in private, any security or criminal intelligence reports considered in the making of the decision on whether the applicant should remain a listed entity and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

• (4) Subsections 83.05(8) to (10) of the Act are replaced by the following:

  • Marginal note:New application

    (8) A listed entity may not make another application under subsection (2) except if, since the time when the entity made its last application,

    • (a) there has been a material change in its circumstances; or

    • (b) the Minister has completed a review under subsection (8.1) with respect to that entity.

  • Marginal note:Review — listed entity

    (8.1) The Minister shall review whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity

    • (a) within five years after

      • (i) the day on which this subsection comes into force, if the entity is a listed entity on that day, or

      • (ii) the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and

    • (b) subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.

  • Marginal note:Validity

    (9) Reviews undertaken under subsection (8.1) do not affect the validity of the list.

  • Marginal note:Publication

    (10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) to be published in the Canada Gazette within five years after the review is completed.

142 Section 83.07 of the Act is replaced by the following: