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

143 Section 83.221 of the Act is replaced by the following:

144 The definition terrorist propaganda in subsection 83.222(8) of the Act is replaced by the following:

145 The heading before section 83.28 and sections 83.28 and 83.29 of the Act are repealed.

• 146 (1) Paragraph 83.3(2)(b) of the Act is replaced by the following:

  • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

• (2) The portion of subsection 83.3(4) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Arrestation sans mandat

    (4) Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire pour empêcher qu’une activité terroriste ne soit entreprise, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants :

• (3) Paragraph 83.3(4)(b) of the English version of the Act is replaced by the following:

  • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.

147 Subsections 83.31(1) and (1.1) of the Act are repealed.

• 148 (1) Subsections 83.32(1) to (2) of the Act are replaced by the following:

  Marginal note:Sunset provision

  • 83.32 (1) Section 83.3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

  • Marginal note:Review

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

  • Marginal note:Report

    (1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.

  • Marginal note:Order in council

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

• (2) Subsections 83.32(4) and (5) of the Act are replaced by the following:

  • Marginal note:Subsequent extensions

    (4) The operation of section 83.3 may be further extended in accordance with this section, but

    • (a) the reference to “at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and

    • (b) the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.2) is to be read as a reference to “the expiry of the most recent extension under this section”.

149 Subsection 83.33(1) of the Act is repealed.

150 Subparagraph (a)(xii.81) of the definition offence in section 183 of the Act is replaced by the following:

151 Subsection 486.6(1) of the Act is replaced by the following:

152 Subparagraph (a.1)(i.091) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:

153 Section 810.011 of the Act is amended by adding the following after subsection (14):

154 The Act is amended by adding the following after section 810.4:

Transitional Provisions

Marginal note:Continued application

155 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act.

Marginal note:Proceedings continued

156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day.

Marginal note:No report for year before coming into force

157 No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection.

Section 83.3 of the Criminal Code

Marginal note:Application

157.1 If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3.

1992, c. 20Consequential Amendment to the Corrections and Conditional Release Act

158 Paragraph (a.92) of section 1 of Schedule I to the Corrections and Conditional Release Act is replaced by the following: