Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Assistance to Public Safety Minister

• 83.038 (1) The following entities may assist the Public Safety Minister in the administration and enforcement of sections 83.031 to 83.0392, including by collecting information from and disclosing information to that Minister and each other:

  • (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.

• Marginal note:Use of information

  (2) Any information collected or disclosed under subsection (1) must only be used for the administration and enforcement of sections 83.031 to 83.0392.

• Marginal note:Compliance with subsection (2)

  (3) The Public Safety Minister must take reasonable steps to ensure that any entity assisting that Minister under subsection (1) complies with subsection (2).

Marginal note:Judicial review

• 83.039 (1) The rules set out in subsection (2) apply to judicial review proceedings in respect of decisions made by the Public Safety Minister, the Minister of Foreign Affairs or the Minister of Citizenship and Immigration under sections 83.032 to 83.038.

• Marginal note:Rules

  (2) The following rules apply for the purposes of subsection (1):

  • (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.

• Marginal note:Protection of information on an appeal

  (3) Subsection (2) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in subsection (1) and to any further appeal, with any necessary modifications.

• Marginal note:Definition of judge

  (4) 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:Regulations

83.0391 The Governor in Council may, on the recommendation of the Public Safety Minister, make regulations

• (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).

Marginal note:Annual report

• 83.0392 (1) The Public Safety Minister must prepare and cause to be laid before each House of Parliament, within 90 days after the first day of January of every year, a report on the operation of sections 83.031 to 83.0391 for the previous calendar year.

• Marginal note:Number of applications for authorizations

  (1.1) The report under subsection (1) must set out the number of applications for authorizations made, approved or refused in the previous calendar year.

• Marginal note:Redactions

  (1.2) If the report under subsection (1) contains any redactions, the Public Safety Minister must forward the unredacted report to the National Security and Intelligence Committee of Parliamentarians as well as the National Security and Intelligence Review Agency.

• Marginal note:Comprehensive review and report

  (2) A comprehensive review of sections 83.031 to 83.0391 and their operation must be conducted by the Public Safety Minister no later than the first anniversary of the day on which this section comes into force. The Public Safety Minister must cause a report to be laid before each House of Parliament within 180 days after that first anniversary and every five years thereafter.

• Marginal note:Plan to remedy deficiencies

  (3) If the report identifies any deficiencies in sections 83.031 to 83.0391 or their operation, the report must include a plan to remedy those deficiencies — including any proposed legislative amendments — and a timeline for its implementation.

Marginal note:Using or possessing property for terrorist purposes

83.04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who

• (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or

• (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity.

List of Entities

Marginal note:Establishment of list

• 83.05 (1) The Governor in Council may, by regulation, establish a list on which the Governor in Council may place any entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that

  • (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or

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

• Marginal note:Recommendation

  (1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).

• 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.

• Marginal note:Notice of the decision to the applicant

  (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).

• Marginal note:Judicial review

  (5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4), the applicant may apply to a judge for judicial review of the decision.

• Marginal note:Reference

  (6) When an application is made under subsection (5), the judge shall, without delay

  • (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;

  • (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;

  • (c) provide the applicant with a reasonable opportunity to be heard; and

  • (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.

• Marginal note:Evidence

  (6.1) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base his or her decision on that evidence.

• Marginal note:Publication

  (7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.

• 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.

• Definition of judge

  (11) 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:Admission of foreign information obtained in confidence

• 83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

  • (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and

  • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

• Marginal note:Return of information

  (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if

  • (a) the judge determines that the information is not relevant;

  • (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or

  • (c) the Minister withdraws the application.

• Marginal note:Use of information

  (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.