C-36 1 37 49-50 Elizabeth II 2001

An Act to amend the Criminal Code, the Official Secrets Act, the Canada Evidence Act, the Proceeds of Crime (Money Laundering) Act and other Acts, and to enact measures respecting the registration of charities, in order to combat terrorism

Anti-terrorism Act

Anti-terrorism 2001 12 18 41 2001 90168

SUMMARY

This enactment amends the Criminal Code , the Official Secrets Act , the Canada Evidence Act , the Proceeds of Crime (Money Laundering) Act and a number of other Acts, and enacts the Charities Registration (Security Information) Act , in order to combat terrorism.

Part 1 amends the Criminal Code to implement international conventions related to terrorism, to create offences related to terrorism, including the financing of terrorism and the participation, facilitation and carrying out of terrorist activities, and to provide a means by which property belonging to terrorist groups, or property linked to terrorist activities, can be seized, restrained and forfeited. It also provides for the deletion of hate propaganda from public web sites and creates an offence relating to damage to property associated with religious worship.

Part 2 amends the Official Secrets Act , which becomes the Security of Information Act . It addresses national security concerns, including threats of espionage by foreign powers and terrorist groups, economic espionage and coercive activities against émigré communities in Canada. It creates new offences to counter intelligence-gathering activities by foreign powers and terrorist groups, as well as other offences, including the unauthorized communication of special operational information.

Part 3 amends the Canada Evidence Act to address the judicial balancing of interests when the disclosure of information in legal proceedings would encroach on a specified public interest or be injurious to international relations or national defence or security.

The amendments impose obligations on parties to notify the Attorney General of Canada if they anticipate the disclosure of sensitive information or information the disclosure of which could be injurious to international relations or national defence or security, and they give the Attorney General the powers to assume carriage of a prosecution and to prohibit the disclosure of information in connection with a proceeding for the purpose of protecting international relations or national defence or security.

Part 4 amends the Proceeds of Crime (Money Laundering) Act , which becomes the Proceeds of Crime (Money Laundering) and Terrorist Financing Act . The amendments will assist law enforcement and investigative agencies in the detection and deterrence of the financing of terrorist activities, facilitate the investigation and prosecution of terrorist activity financing offences, and improve Canada’s ability to cooperate internationally in the fight against terrorism.

Part 5 amends the Access to Information Act , Canadian Human Rights Act , Canadian Security Intelligence Service Act , Corrections and Conditional Release Act , Federal Court Act , Firearms Act , National Defence Act , Personal Information Protection and Electronic Documents Act , Privacy Act , Seized Property Management Act and United Nations Act . The amendments to the National Defence Act clarify the powers of the Communications Security Establishment to combat terrorism.

Part 6 enacts the Charities Registration (Security Information) Act , and amends the Income Tax Act , in order to prevent those who support terrorist or related activities from enjoying the tax privileges granted to registered charities.

Preamble

WHEREAS Canadians and people everywhere are entitled to live their lives in peace, freedom and security;

WHEREAS acts of terrorism constitute a substantial threat to both domestic and international peace and security;

WHEREAS acts of terrorism threaten Canada’s political institutions, the stability of the economy and the general welfare of the nation;

WHEREAS the challenge of eradicating terrorism, with its sophisticated and trans-border nature, requires enhanced international cooperation and a strengthening of Canada’s capacity to suppress, investigate and incapacitate terrorist activity;

WHEREAS Canada must act in concert with other nations in combating terrorism, including fully implementing United Nations and other international instruments relating to terrorism;

WHEREAS the Parliament of Canada, recognizing that terrorism is a matter of national concern that affects the security of the nation, is committed to taking comprehensive measures to protect Canadians against terrorist activity while continuing to respect and promote the values reflected in, and the rights and freedoms guaranteed by, the Canadian Charter of Rights and Freedoms ;

AND

WHEREAS these comprehensive measures must include legislation to prevent and suppress the financing, preparation, facilitation and commission of acts of terrorism, as well as to protect the political, social and economic security of Canada and Canada’s relations with its allies;

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

Short title

This Act may be cited as the Anti-terrorism Act .

PART 1

R.S., c. C-46

CRIMINAL CODE

R.S., c. 27 (1st Supp.), s. 2(1); 1993, c. 28, s. 78 (Sch. III, s. 25(1)); 1994, c. 44, s. 2(1)

(1) The definition Attorney General in

section 2 of the Criminal Code is replaced by the following:

Attorney General

procureur général

Attorney General

(

a) subject to paragraphs (

c) to ( f ), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy,

(

b) with respect to the Yukon Territory, the Northwest Territories and Nunavut, or with respect to proceedings commenced at the instance of the Government of Canada and conducted by or on behalf of that Government in respect of a contravention of, a conspiracy or attempt to contravene, or counselling the contravention of, any Act of Parliament other than this Act or any regulation made under such

an Act, means the Attorney General of Canada and includes his or her lawful deputy,

(

c) with respect to proceedings in relation to a terrorism offence or to an offence under

section 57, 58, 83.12, 424.1 or 431.1 or in relation to an offence against a member of United Nations personnel or associated personnel under

section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1, 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,

(

d) with respect to proceedings in relation to

(

i) an offence referred to in subsection 7(3.71), or

(ii)

an offence referred to in paragraph (

a) of the definition terrorist activity in subsection 83.01(1), where the act or omission was committed outside Canada but is deemed by virtue of subsection 7(2), (2.1), (2.2), (3), (3.1), (3.4), (3.6), (3.72) or (3.73) to have been committed in Canada,

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,

(

e) with respect to proceedings in relation to an offence where the act or omission constituting the offence

(

i) constitutes a terrorist activity referred to in paragraph (

b) of the definition terrorist activity in subsection 83.01(1), and

(ii)

was committed outside Canada but is deemed by virtue of subsection 7(3.74) or (3.75) to have been committed in Canada,

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

(

f) with respect to proceedings under

section 83.13, 83.14, 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;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

associated personnel

personnel associé

associated personnel means persons who are

(

a) assigned by a government or an intergovernmental organization with the agreement of the competent organ of the United Nations,

(

b) engaged by the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency, or

(

c) deployed by a humanitarian non-governmental organization or agency under an agreement with the Secretary-General of the United Nations, by a specialized agency of the United Nations or by the International Atomic Energy Agency,

to carry out activities in support of the fulfilment of the mandate of a United Nations operation;

government or public facility

installation gouvernementale ou publique

government or public facility means a facility or conveyance, whether permanent or temporary, that is used or occupied in connection with their official duties by representatives of a state, members of a government, members of a legislature, members of the judiciary, or officials or employees of a state or of any other public authority or public entity, or by officials or employees of an intergovernmental organization;

justice system participant

personne associée au système judiciaire

justice system participant means

(

a) a member of the Senate, of the House of Commons, of a legislative assembly or of a municipal council, and

(

b) a person who plays a role in the administration of criminal justice, including

(

i) the Solicitor General of Canada and a Minister responsible for policing in a province,

(ii)

a prosecutor, a lawyer, a member of the Chambre des notaires du Québec and an officer of a court,

(iii)

a judge and a justice,

(iv)

a juror and a person who is summoned as a juror,

(

v) an informant, a prospective witness, a witness under subpoena and a witness who has testified,

(vi)

a peace officer within the meaning of any of paragraphs ( b ), ( c ), ( d ), (

e) and (

g) of the definition peace officer ,

(vii)

a civilian employee of a police force,

(viii)

a person employed in the administration of a court,

(ix)

an employee of the Canada Customs and Revenue Agency who is involved in the investigation of an offence under

an Act of Parliament,

(

x) an employee of a federal or provincial correctional service, a parole supervisor and any other person who is involved in the administration of a sentence under the supervision of such a correctional service and a person who conducts disciplinary hearings under the Corrections and Conditional Release Act , and

(xi)

an employee and a member of the National Parole Board and of a provincial parole board;

terrorism offence

infraction de terrorisme

terrorism offence means

(

a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23,

(

b) an indictable offence under this or any other Act of Parliament committed for the benefit of, at the direction of or in association with a terrorist group,

(

c) an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity, or

(

d) a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph ( a ), (

b) or ( c );

terrorist activity

activité terroriste

terrorist activity has the same meaning as in subsection 83.01(1);

terrorist group

groupe terroriste

terrorist group has the same meaning as in subsection 83.01(1);

United Nations operation

opération des Nations Unies

United Nations operation means an operation that is established by the competent organ of the United Nations in accordance with the Charter of the United Nations and is conducted under United Nations authority and control, if the operation is for the purpose of maintaining or restoring international peace and security or if the Security Council or the General Assembly of the United Nations has declared, for the purposes of the Convention on the Safety of United Nations and Associated Personnel , that there exists an exceptional risk to the safety of the personnel participating in the operation. It does not include an operation authorized by the Security Council as an enforcement action under

Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies;

United Nations personnel

personnel des Nations Unies

United Nations personnel means

(

a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or

(

b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted;

R.S., c. 27 (1st Supp.), s. 5(1)

(1) The portion of subsection 7(3) of the Act before paragraph (

a) is replaced by the following:

Offence against internationally protected person

(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits

an act or omission against the person of an internationally protected person or against any property referred to in

section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 280 to 283, 424 and 431 is deemed to commit that act or omission in Canada if

(2) Section 7 of the Act is amended by adding the following after subsection (3.7):

Offence against United Nations or associated personnel

(3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits

an act or omission against a member of United Nations personnel or associated personnel or against property referred to in

section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against,

section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279, 279.1, 424.1 or 431.1 is deemed to commit that act or omission in Canada if

(

a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under

an Act of Parliament;

(

b) the act or omission is committed on an aircraft

(

i) registered in Canada under regulations made under the Aeronautics Act , or

(ii)

leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;

(

c) the person who commits the act or omission

(

i) is a Canadian citizen, or

(ii)

is not a citizen of any state and ordinarily resides in Canada;

(

d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

(

e) the act or omission is committed against a Canadian citizen; or

(

f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

Offence involving explosive or other lethal device

(3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits

an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against,

section 431.2 is deemed to commit that act or omission in Canada if

(

a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;

(

b) the act or omission is committed on an aircraft

(

i) registered in Canada under regulations made under the Aeronautics Act ,

(ii)

leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations, or

(iii)

operated for or on behalf of the Government of Canada;

(

c) the person who commits the act or omission

(

i) is a Canadian citizen, or

(ii)

is not a citizen of any state and ordinarily resides in Canada;

(

d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;

(

e) the act or omission is committed against a Canadian citizen;

(

f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or

(

g) the act or omission is committed against a Canadian government or public facility located outside Canada.

Offence relating to financing of terrorism

(3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits

an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against,

section 83.02 is deemed to commit the act or omission in Canada if

(

a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under

an Act of Parliament;

(

b) the act or omission is committed on an aircraft

(

i) registered in Canada under regulations made under the Aeronautics Act , or

(ii)

leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;

(

c) the person who commits the act or omission

(

i) is a Canadian citizen, or

(ii)

is not a citizen of any state and ordinarily resides in Canada;

(

d) the person who commits the act or omission is, after its commission, present in Canada;

(

e) the act or omission is committed for the purpose of committing

an act or omission referred to in paragraph 83.02(

a) or (

b) in order to compel the Government of Canada or of a province to do or refrain from doing any act;

(

f) the act or omission is committed for the purpose of committing

an act or omission referred to in paragraph 83.02(

a) or (

b) against a Canadian government or public facility located outside Canada; or

(

g) the act or omission is committed for the purpose of committing

an act or omission referred to in paragraph 83.02(

a) or (

b) in Canada or against a Canadian citizen.

Terrorism offence committed outside Canada

(3.74) Notwithstanding anything in this Act or any other Act, every one who commits

an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under

section 83.02 or an offence referred to in paragraph (

a) of the definition terrorist activity in subsection 83.01(1), is deemed to have committed that act or omission in Canada if the person

(

a) is a Canadian citizen;

(

b) is not a citizen of any state and ordinarily resides in Canada; or

(

c) is a permanent resident within the meaning of subsection 2(1) of the Immigration Act and is, after the commission of the act or omission, present in Canada.

Terrorist activity committed outside Canada

(3.75) Notwithstanding anything in this Act or any other Act, every one who commits

an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (

b) of the definition terrorist activity in subsection 83.01(1) is deemed to commit that act or omission in Canada if

(

a) the act or omission is committed against a Canadian citizen;

(

b) the act or omission is committed against a Canadian government or public facility located outside Canada; or

(

c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

(3) Subsection 7(7) of the Act is replaced by the following:

If accused not Canadian citizen

(7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this

section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.

R.S., c. 30 (3rd Supp.), s. 1(4); 1995, c. 5, par. 25(1)( g )

(4) Subsection 7(10) of the Act is replaced by the following:

Certificate as evidence

(10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.

The Act is amended by adding the following after

section 83:

PART II.1

TERRORISM

Interpretation

Definitions

83.01

(1) The following

definitions apply in this Part.

Canadian

Canadien

Canadian means a Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration Act , or a body corporate incorporated or continued under the laws of Canada or a province.

entity

entité

entity means a person, group, trust, partnership or fund or an unincorporated association or organization.

listed entity

entité inscrite

listed entity means an entity on a list established by the Governor in Council under

section 83.05.

terrorist activity

activité terroriste

terrorist activity means

(

a) an act or omission that is committed in or outside Canada and that, if committed in Canada, is one of the following offences:

(

i) the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Seizure of Aircraft , signed at The Hague on December 16, 1970,

(ii)

the offences referred to in subsection 7(2) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation , signed at Montreal on September 23, 1971,

(iii)

the offences referred to in subsection 7(3) that implement the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents , adopted by the General Assembly of the United Nations on December 14, 1973,

(iv)

the offences referred to in subsection 7(3.1) that implement the International Convention against the Taking of Hostages , adopted by the General Assembly of the United Nations on December 17, 1979,

(

v) the offences referred to in subsection 7(3.4) or (3.6) that implement the Convention on the Physical Protection of Nuclear Material , done at Vienna and New York on March 3, 1980,

(vi)

the offences referred to in subsection 7(2) that implement the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation , supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation , signed at Montreal on February 24, 1988,

(vii)

the offences referred to in subsection 7(2.1) that implement the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation , done at Rome on March 10, 1988,

(viii)

the offences referred to in subsection 7(2.1) or (2.2) that implement the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf , done at Rome on March 10, 1988,

(ix)

the offences referred to in subsection 7(3.72) that implement the International Convention for the Suppression of Terrorist Bombings , adopted by the General Assembly of the United Nations on December 15, 1997, and

(

x) the offences referred to in subsection 7(3.73) that implement the International Convention for the Suppression of the Financing of Terrorism , adopted by the General Assembly of the United Nations on December 9, 1999, or

(

b) an act or omission, in or outside Canada,

(

i) that is committed

(

A) in whole or in part for a political, religious or ideological purpose, objective or cause, and

(

B) in whole or in part with the intention of intimidating the public, or a segment of the public, with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act, whether the public or the person, government or organization is inside or outside Canada, and

(ii)

that intentionally

(

A) causes death or serious bodily harm to a person by the use of violence,

(

B) endangers a person’s life,

(

C) causes a serious risk to the health or safety of the public or any segment of the public,

(

D) causes substantial property damage, whether to public or private property, if causing such damage is likely to result in the conduct or harm referred to in any of clauses (

A) to (C), or

(

E) causes serious interference with or serious disruption of an essential service, facility or system, whether public or private, other than as a result of advocacy, protest, dissent or stoppage of work that is not intended to result in the conduct or harm referred to in any of clauses (

A) to (C),

and includes a conspiracy, attempt or threat to commit any such act or omission, or being an accessory after the fact or counselling in relation to any such act or omission, but, for greater certainty, does not include

an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or the activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

terrorist group

groupe terroriste

terrorist group means

(

a) an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity, or

(

b) a listed entity,

and includes an association of such entities.

For greater certainty

(1.1) For greater certainty, the expression of a political, religious or ideological thought, belief or opinion does not come within paragraph (

b) of the definition terrorist activity in subsection (1) unless it constitutes

an act or omission that satisfies the criteria of that paragraph.

Facilitation

(2) For the purposes of this Part, facilitation shall be construed in accordance with subsection 83.19(2).

Financing of Terrorism

Providing or collecting property for certain activities

83.02

Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

(

a) an act or omission that constitutes an offence referred to in subparagraphs ( a )(

i) to (ix) of the definition of terrorist activity in subsection 83.01(1), or

(

b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active

part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Providing, making available, etc., property or services for terrorist purposes

83.03

Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

(

a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or

(

b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

Using or possessing property for terrorist purposes

83.04

Every one 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,

is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

List of Entities

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 Solicitor General of Canada, 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 is knowingly acting on behalf of, at the direction of or in association with an entity referred to in paragraph ( a ).

Recommendation

(1.1) The Solicitor General may make a recommendation referred to in subsection (1) only if the Solicitor General has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(

a) or ( b ).

Application to Solicitor General

(2) On application in writing by a listed entity, the Solicitor General shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.

Deeming

(3) If the Solicitor General does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, the Solicitor General is deemed to have decided to recommend that the applicant remain a listed entity.

Notice of the decision to the applicant

(4) The Solicitor General must 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).

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.

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 listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Solicitor General and may, at the request of the Solicitor General, 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.

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.

Publication

(7) The Solicitor General 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.

New application

(8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Solicitor General has completed the review under subsection (9).

Review of list

(9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Solicitor General shall review the list to determine 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. The review does not affect the validity of the list.

Completion of review

(10) The Solicitor General shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, the Solicitor General shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.

Definition of judge

(11) In this section, judge means the Chief Justice of the Federal Court or a judge of the Trial Division of that Court designated by the Chief Justice.

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 Solicitor General of Canada 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 Solicitor General 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.

Return of information

(2) The information shall be returned to counsel representing the Solicitor General 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 Solicitor General withdraws the application.

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.

Mistaken identity

83.07

(1) An entity claiming not to be a listed entity may apply to the Solicitor General of Canada for a certificate stating that it is not a listed entity.

Issuance of certificate

(2) The Solicitor General shall, within 15 days after receiving the application, issue a certificate if satisfied that the applicant is not a listed entity.

Freezing of Property

Freezing of property

83.08

(1) No person in Canada and no Canadian outside Canada shall knowingly

(

a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;

(

b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph ( a ); or

(

c) provide any financial or other related services in respect of property referred to in paragraph (

a) to, for the benefit of or at the direction of a terrorist group.

No civil liability

(2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.

Exemptions

83.09

(1) The Solicitor General of Canada or a person designated by the Solicitor General may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by

section 83.08, or a class of such activities or transactions.

Ministerial authorization

(2) The Solicitor General or a person designated by the Solicitor General may make the authorization subject to any terms and conditions that are required in their opinion, and may amend, suspend, revoke or reinstate it.

Existing equities maintained

(3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen.

Third party involvement

(4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met.

Disclosure

83.1

(1) Every person in Canada and every Canadian outside Canada shall disclose forthwith to the Commissioner of the Royal Canadian Mounted Police and to the Director of the Canadian Security Intelligence Service

(

a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and

(

b) information about a transaction or proposed transaction in respect of property referred to in paragraph ( a ).

Immunity

(2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1).

Audit

83.11

(1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity:

(

a) authorized foreign banks within the meaning of

section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies;

(

b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ;

(

c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada;

( c.1 )

companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act ;

( c.2 )

fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;

(

d) companies to which the Trust and Loan Companies Act applies;

(

e) trust companies regulated by a provincial Act;

(

f) loan companies regulated by a provincial Act; and

(

g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.

Monthly report

(2) Subject to the regulations, every entity referred to in paragraphs (1)(

a) to (

g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either

(

a) that it is not in possession or control of any property referred to in subsection (1), or

(

b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property.

Immunity

(3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

Regulations

(4) The Governor in Council may make regulations

(

a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and

(

b) specifying a period for the purposes of subsection (2).

Offences — freezing of property, disclosure or audit

83.12

(1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable

(

a) on

summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or

(

b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

No contravention

(2) No person contravenes

section 83.1 if they make the disclosure referred to in that

section only to the Commissioner of the Royal Canadian Mounted Police or the Director of the Canadian Security Intelligence Service.

Seizure and Restraint of Property

Seizure and restraint of assets

83.13

(1) Where a judge of the Federal Court, on an ex parte application by the Attorney General, after examining the application in private, is satisfied that there are reasonable grounds to believe that there is in any building, receptacle or place any property in respect of which an order of forfeiture may be made under subsection 83.14(5), the judge may issue

(

a) if the property is situated in Canada, a warrant authorizing a person named therein or a peace officer to search the building, receptacle or place for that property and to seize that property and any other property in respect of which that person or peace officer believes, on reasonable grounds, that an order of forfeiture may be made under that subsection; or

(

b) if the property is situated in or outside Canada, a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, that property other than as may be specified in the order.

Contents of application

(1.1) An affidavit in support of an application under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998 , no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

Appointment of manager

(2) On an application under subsection (1), at the request of the Attorney General, if a judge is of the opinion that the circumstances so require, the judge may

(

a) appoint a person to take control of, and to manage or otherwise deal with, all or part of the property in accordance with the directions of the judge; and

(

b) require any person having possession of that property to give possession of the property to the person appointed under paragraph ( a ).

Appointment of Minister of Public Works and Government Services

(3) When the Attorney General of Canada so requests, a judge appointing a person under subsection (2) shall appoint the Minister of Public Works and Government Services.

Power to manage

(4) The power to manage or otherwise deal with property under subsection (2) includes

(

a) in the case of perishable or rapidly depreciating property, the power to sell that property; and

(

b) in the case of property that has little or no value, the power to destroy that property.

Application for destruction order

(5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)( b ), he or she shall apply to a judge of the Federal Court for a destruction order.

Notice

(6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.

Manner of giving notice

(7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.

Order

(8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.

When management order ceases to have effect

(9) A management order ceases to have effect when the property that is the subject of the management order is returned to an applicant in accordance with the law or forfeited to Her Majesty.

Application to vary

(10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3).

Procedure

(11) Subsections 462.32(4) and (6), sections 462.34 to 462.35 and 462.4, subsections 487(3) and (4) and

section 488 apply, with such modifications as the circumstances require, to a warrant issued under paragraph (1)( a ).

Procedure

(12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)( b ).

Forfeiture of Property

Application for order of forfeiture

83.14

(1) The Attorney General may make an application to a judge of the Federal Court for an order of forfeiture in respect of

(

a) property owned or controlled by or on behalf of a terrorist group; or

(

b) property that has been or will be used, in whole or in part, to facilitate or carry out a terrorist activity.

Contents of application

(2) An affidavit in support of an application by the Attorney General under subsection (1) may be sworn on information and belief, and, notwithstanding the Federal Court Rules, 1998 , no adverse inference shall be drawn from a failure to provide evidence of persons having personal knowledge of material facts.

Respondents

(3) The Attorney General is required to name as a respondent to an application under subsection (1) only those persons who are known to own or control the property that is the subject of the application.

Notice

(4) The Attorney General shall give notice of an application under subsection (1) to named respondents in such a manner as the judge directs or as provided in the rules of the Federal Court.

Granting of forfeiture order

(5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(

a) or ( b ), the judge shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

Use of proceeds

(5.1) Any proceeds that arise from the disposal of property under subsection (5) may be used to compensate victims of terrorist activities and to fund anti-terrorist initiatives in accordance with any regulations made by the Governor in Council under subsection (5.2).

Regulations

(5.2) The Governor in Council may make regulations for the purposes of specifying how the proceeds referred to in subsection (5.1) are to be distributed.

Order refusing forfeiture

(6) Where a judge refuses an application under subsection (1) in respect of any property, the judge shall make an order that describes the property and declares that it is not property referred to in that subsection.

Notice

(7) On an application under subsection (1), a judge may require notice to be given to any person who, in the opinion of the Court, appears to have an interest in the property, and any such person shall be entitled to be added as a respondent to the application.

Third party interests

(8) If a judge is satisfied that a person referred to in subsection (7) has an interest in property that is subject to an application, has exercised reasonable care to ensure that the property would not be used to facilitate or carry out a terrorist activity, and is not a member of a terrorist group, the judge shall order that the interest is not affected by the forfeiture. Such an order shall declare the nature and extent of the interest in question.

Dwelling-house

(9) Where all or part of property that is the subject of an application under subsection (1) is a dwelling-house, the judge shall also consider

(

a) the impact of an order of forfeiture on any member of the immediate family of the person who owns or controls the dwelling-house, if the dwelling-house was the member’s principal residence at the time the dwelling-house was ordered restrained or at the time the forfeiture application was made and continues to be the member’s principal residence; and

(

b) whether the member appears innocent of any complicity or collusion in the terrorist activity.

Motion to vary or set aside

(10) A person who claims an interest in property that was forfeited and who did not receive notice under subsection (7) may bring a motion to the Federal Court to vary or set aside an order made under subsection (5) not later than 60 days after the day on which the forfeiture order was made.

No extension of time

(11) The Court may not extend the period set out in subsection (10).

Disposition of property

83.15

Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5).

Interim preservation rights

83.16

(1) Pending any appeal of an order made under

section 83.14, property restrained under an order issued under

section 83.13 shall continue to be restrained, property seized under a warrant issued under that

section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that

section shall continue in that capacity.

Appeal of refusal to grant order

(2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5).

Other forfeiture provisions unaffected

83.17

(1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property.

Priority for restitution to victims of crime

(2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences.

Participating, Facilitating, Instructing and Harbouring

Participation in activity of terrorist group

83.18

(1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Prosecution

(2) An offence may be committed under subsection (1) whether or not

(

a) a terrorist group actually facilitates or carries out a terrorist activity;

(

b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

(

c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Meaning of participating or contributing

(3) Participating in or contributing to an activity of a terrorist group includes

(

a) providing, receiving or recruiting a person to receive training;

(

b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group;

(

c) recruiting a person in order to facilitate or commit

(

i) a terrorism offence, or

(ii)

an act or omission outside Canada that, if committed in Canada, would be a terrorism offence;

(

d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and

(

e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit

(

i) a terrorism offence, or

(ii)

an act or omission outside Canada that, if committed in Canada, would be a terrorism offence.

Factors

(4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused

(

a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group;

(

b) frequently associates with any of the persons who constitute the terrorist group;

(

c) receives any benefit from the terrorist group; or

(

d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group.

Facilitating terrorist activity

83.19

(1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Facilitation

(2) For the purposes of this Part, a terrorist activity is facilitated whether or not

(

a) the facilitator knows that a particular terrorist activity is facilitated;

(

b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or

(

c) any terrorist activity was actually carried out.

Commission of offence for terrorist group

83.2

Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life.

Instructing to carry out activity for terrorist group

83.21

(1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life.

Prosecution

(2) An offence may be committed under subsection (1) whether or not

(

a) the activity that the accused instructs to be carried out is actually carried out;

(

b) the accused instructs a particular person to carry out the activity referred to in paragraph ( a );

(

c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph ( a );

(

d) the person whom the accused instructs to carry out the activity referred to in paragraph (

a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group;

(

e) a terrorist group actually facilitates or carries out a terrorist activity;

(

f) the activity referred to in paragraph (

a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or

(

g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group.

Instructing to carry out terrorist activity

83.22

(1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life.

Prosecution

(2) An offence may be committed under subsection (1) whether or not

(

a) the terrorist activity is actually carried out;

(

b) the accused instructs a particular person to carry out the terrorist activity;

(

c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or

(

d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity.

Harbouring or concealing

83.23

Every one who knowingly harbours or conceals any person whom he or she knows to be a person who has carried out or is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Proceedings and Aggravated Punishment

Attorney General’s consent

83.24

Proceedings in respect of a terrorism offence or an offence under

section 83.12 shall not be commenced without the consent of the Attorney General.

Jurisdiction

83.25

(1) Where a person is alleged to have committed a terrorism offence or an offence under

section 83.12, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada.

Trial and punishment

(2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted.

Sentences to be served consecutively

83.26

A sentence, other than one of life imprisonment, imposed on a person for an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 shall be served consecutively to

(

a) any other punishment imposed on the person, other than a sentence of life imprisonment, for an offence arising out of the same event or series of events; and

(

b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under any of those sections.

Punishment for terrorist activity

83.27

(1) Notwithstanding anything in this Act, a person convicted of an indictable offence, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting the offence also constitutes a terrorist activity, is liable to imprisonment for life.

Offender must be notified

(2) Subsection (1) does not apply unless the prosecutor satisfies the court that the offender, before making a plea, was notified that the application of that subsection would be sought.

Investigative Hearing

Definition of judge

83.28

(1) In this

section and

section 83.29, judge means a provincial court judge or a judge of a superior court of criminal jurisdiction.

Order for gathering evidence

(2) Subject to subsection (3), a peace officer may, for the purposes of an investigation of a terrorism offence, apply ex parte to a judge for an order for the gathering of information.

Attorney General’s consent

(3) A peace officer may make an application under subsection (2) only if the prior consent of the Attorney General was obtained.

Making of order

(4) A judge to whom an application is made under subsection (2) may make an order for the gathering of information if the judge is satisfied that the consent of the Attorney General was obtained as required by subsection (3) and

(

a) that there are reasonable grounds to believe that

(

i) a terrorism offence has been committed, and

(ii)

information concerning the offence, or information that may reveal the whereabouts of a person suspected by the peace officer of having committed the offence, is likely to be obtained as a result of the order; or

(

b) that

(

i) there are reasonable grounds to believe that a terrorism offence will be committed,

(ii)

there are reasonable grounds to believe that a person has direct and material information that relates to a terrorism offence referred to in subparagraph (i), or that may reveal the whereabouts of an individual who the peace officer suspects may commit a terrorism offence referred to in that subparagraph, and

(iii)

reasonable attempts have been made to obtain the information referred to in subparagraph (ii) from the person referred to in that subparagraph.

Contents of order

(5) An order made under subsection (4) may

(

a) order the examination, on oath or not, of a person named in the order;

(

b) order the person to attend at the place fixed by the judge, or by the judge designated under paragraph ( d ), as the case may be, for the examination and to remain in attendance until excused by the presiding judge;

(

c) order the person to bring to the examination any thing in their possession or control, and produce it to the presiding judge;

(

d) designate another judge as the judge before whom the examination is to take place; and

(

e) include any other terms or conditions that the judge considers desirable, including terms or conditions for the protection of the interests of the person named in the order and of third parties or for the protection of any ongoing investigation.

Execution of order

(6) An order made under subsection (4) may be executed anywhere in Canada.

Variation of order

(7) The judge who made the order under subsection (4), or another judge of the same court, may vary its terms and conditions.

Obligation to answer questions and produce things

(8) A person named in an order made under subsection (4) shall answer questions put to the person by the Attorney General or the Attorney General’s agent, and shall produce to the presiding judge things that the person was ordered to bring, but may refuse if answering a question or producing a thing would disclose information that is protected by any law relating to non-disclosure of information or to privilege.

Judge to rule

(9) The presiding judge shall rule on any objection or other issue relating to a refusal to answer a question or to produce a thing.

No person excused from complying with subsection (8)

(10) No person shall be excused from answering a question or producing a thing under subsection (8) on the ground that the answer or thing may tend to incriminate the person or subject the person to any proceeding or penalty, but

(

a) no answer given or thing produced under subsection (8) shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under

section 132 or 136; and

(

b) no evidence derived from the evidence obtained from the person shall be used or received against the person in any criminal proceedings against that person, other than a prosecution under

section 132 or 136.

Right to counsel

(11) A person has the right to retain and instruct counsel at any stage of the proceedings.

Order for custody of thing

(12) The presiding judge, if satisfied that any thing produced during the course of the examination will likely be relevant to the investigation of any terrorism offence, shall order that the thing be given into the custody of the peace officer or someone acting on the peace officer’s behalf.

Arrest warrant

83.29

(1) The judge who made the order under subsection 83.28(4), or another judge of the same court, may issue a warrant for the arrest of the person named in the order if the judge is satisfied, on an information in writing and under oath, that the person

(

a) is evading service of the order;

(

b) is about to abscond; or

(

c) did not attend the examination, or did not remain in attendance, as required by the order.

Execution of warrant

(2) A warrant issued under subsection (1) may be executed at any place in Canada by any peace officer having jurisdiction in that place.

Person to be brought before judge

(3) A peace officer who arrests a person in the execution of a warrant issued under subsection (1) shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

Recognizance with Conditions

Attorney General’s consent required to lay information

83.3

(1) The consent of the Attorney General is required before a peace officer may lay an information under subsection (2).

Terrorist activity

(2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer

(

a) believes on reasonable grounds that a terrorist activity will 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 necessary to prevent the carrying out of the terrorist activity.

Appearance

(3) A provincial court judge who receives an information under subsection (2) may cause the person to appear before the provincial court judge.

Arrest without warrant

(4) Notwithstanding subsections (2) and (3), 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 necessary in order to prevent a terrorist activity,

the peace officer may arrest the person without warrant and cause the person to be detained in custody, to be taken before a provincial court judge in accordance with subsection (6).

Duty of peace officer

(5) If a peace officer arrests a person without warrant in the circumstance described in subparagraph (4)( a )(i), the peace officer shall, within the time prescribed by paragraph (6)(

a) or ( b ),

(

a) lay an information in accordance with subsection (2); or

(

b) release the person.

When person to be taken before judge

(6) A person detained in custody shall be taken before a provincial court judge in accordance with the following rules:

(

a) if a provincial court judge is available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge without unreasonable delay and in any event within that period, and

(

b) if a provincial court judge is not available within a period of twenty-four hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as possible,

unless, at any time before the expiry of the time prescribed in paragraph (

a) or (

b) for taking the person before a provincial court judge, the peace officer, or an officer in charge within the meaning of

Part XV, is satisfied that the person should be released from custody unconditionally, and so releases the person.

How person dealt with

(7) When a person is taken before a provincial court judge under subsection (6),

(

a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or

(

b) if an information has been laid under subsection (2),

(

i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the detention of the person in custody is justified on one or more of the following grounds:

(

A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8),

(

B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including

(

I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and

(II)

any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and

(

C) any other just cause and, without limiting the generality of the foregoing, that the detention is necessary in order to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and

(ii)

the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed forty-eight hours.

Hearing before judge

(8) The provincial court judge before whom the person appears pursuant to subsection (3)

(

a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the provincial court 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), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph ( a ).

Refusal to enter into recognizance

(9) The provincial court judge may commit the person to prison for a term not exceeding twelve months if the person fails or refuses to enter into the recognizance.

Conditions — firearms

(10) Before making an order under paragraph (8)( a ), the provincial court judge shall consider whether it is desirable, in the interests of the safety of the person or of any other person, to include as a condition of the recognizance that the person be prohibited from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all of those things, for any period specified in the recognizance, and where the provincial court judge decides that it is so desirable, the provincial court judge shall add such a condition to the recognizance.

Surrender, etc.

(11) If the provincial court judge adds a condition described in subsection (10) to a recognizance, the provincial court judge shall specify in the recognizance the manner and method by which

(

a) the things referred to in that subsection that are in the possession of the person shall be surrendered, disposed of, detained, stored or dealt with; and

(

b) the authorizations, licences and registration certificates held by the person shall be surrendered.

Reasons

(12) If the provincial court judge does not add a condition described in subsection (10) to a recognizance, the provincial court judge shall include in the record a statement of the reasons for not adding the condition.

Variance of conditions

(13) The provincial court judge may, on application of the peace officer, the Attorney General or the person, vary the conditions fixed in the recognizance.

Other provisions to apply

(14) Subsections 810(4) and (5) apply, with any modifications that the circumstances require, to proceedings under this section.

Annual report (sections 83.28 and 83.29)

83.31

(1) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of sections 83.28 and 83.29 that includes

(

a) the number of consents to make an application that were sought, and the number that were obtained, by virtue of subsections 83.28(2) and (3);

(

b) the number of orders for the gathering of information that were made under subsection 83.28(4); and

(

c) the number of arrests that were made with a warrant issued under

section 83.29.

Annual report (section 83.3)

(2) The Attorney General of Canada shall prepare and cause to be laid before Parliament and the Attorney General of every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of

section 83.3 that includes

(

a) the number of consents to lay an information that were sought, and the number that were obtained, by virtue of subsections 83.3(1) and (2);

(

b) the number of cases in which a summons or a warrant of arrest was issued for the purposes of subsection 83.3(3);

(

c) the number of cases where a person was not released under subsection 83.3(7) pending a hearing;

(

d) the number of cases in which an order to enter into a recognizance was made under paragraph 83.3(8)( a ), and the types of conditions that were imposed;

(

e) the number of times that a person failed or refused to enter into a recognizance, and the term of imprisonment imposed under subsection 83.3(9) in each case; and

(

f) the number of cases in which the conditions fixed in a recognizance were varied under subsection 83.3(13).

Annual report (section 83.3)

(3) The Solicitor General of Canada shall prepare and cause to be laid before Parliament and the Minister responsible for policing in every province shall publish or otherwise make available to the public an annual report for the previous year on the operation of

section 83.3 that includes

(

a) the number of arrests without warrant that were made under subsection 83.3(4) and the period of the arrested person’s detention in custody in each case; and

(

b) the number of cases in which a person was arrested without warrant under subsection 83.3(4) and was released

(

i) by a peace officer under paragraph 83.3(5)( b ), or

(ii)

by a judge under paragraph 83.3(7)( a ).

Limitation

(4) The annual report shall not contain any information the disclosure of which would

(

a) compromise or hinder an ongoing investigation of an offence under

an Act of Parliament;

(

b) endanger the life or safety of any person;

(

c) prejudice a legal proceeding; or

(

d) otherwise be contrary to the public interest.

Sunset provision

83.32

(1) Sections 83.28, 83.29 and 83.3 cease to apply at the end of the fifteenth sitting day of Parliament after December 31, 2006 unless, before the end of that day, the application of those sections is extended by a resolution — the text of which is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

Order in Council

(2) The Governor General in Council may, by order, establish the text of a resolution providing for the extension of the application of sections 83.28, 83.29 and 83.3 and specifying 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.

Rules

(3) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament shall immediately put every question necessary to determine whether or not the motion is concurred in.

Subsequent extensions

(4) The application of sections 83.28, 83.29 and 83.3 may be further extended in accordance with the procedure set out in this section, with the words “December 31, 2006” in subsection (1) read as “the expiration of the most recent extension under this section”.

Definition of sitting day of Parliament

(5) In subsection (1), sitting day of Parliament means a day on which both Houses of Parliament sit.

Transitional provision

83.33

(1) In the event that sections 83.28 and 83.29 cease to apply pursuant to

section 83.32, proceedings commenced under those sections shall be completed if the hearing before the judge of the application made under subsection 83.28(2) began before those sections ceased to apply.

Transitional provision

(2) In the event that

section 83.3 ceases to apply pursuant to

section 83.32, a person detained in custody under

section 83.3 shall be released when that

section ceases to apply, except that subsections 83.3(7) to (14) continue to apply to a person who was taken before a judge under subsection 83.3(6) before

section 83.3 ceased to apply.

The definition offence in

section 183 of the Act is amended

(

a) by adding, immediately after the reference to “82 (possessing explosive),”, a reference to “83.02 (providing or collecting property for certain activities), 83.03 (providing, making available, etc., property or services for terrorist purposes), 83.04 (using or possessing property for terrorist purposes), 83.18 (participation in activity of terrorist group), 83.19 (facilitating terrorist activity), 83.2 (commission of offence for terrorist group), 83.21 (instructing to carry out activity for terrorist group), 83.22 (instructing to carry out terrorist activity), 83.23 (harbouring or concealing),”;

(

b) by adding, immediately after the reference to “424 (threat to commit offences against internationally protected person),” a reference to “424.1 (threat against United Nations or associated personnel),”;

(

c) by adding, immediately after the reference to “431 (attack on premises, residence or transport of internationally protected person),” a reference to “431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), 431.2 (explosive or other lethal device),”; and

(

d) by adding, at the end of the definition, the words “, or any other offence that there are reasonable grounds to believe is an offence described in paragraph (

b) or (

c) of the definition terrorism offence in

section 2 of this Act;”.

1997, c. 23, s. 4

Subsection 185(1.1) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)( h ), that paragraph does not apply where the application for an authorization is in relation to

(

a) an offence under

section 467.1;

(

b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(

c) a terrorism offence.

1997, c. 23, s. 5

6.1

Subsection 186(1.1) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(1.1) Notwithstanding paragraph (1)( b ), that paragraph does not apply where the judge is satisfied that the application for an authorization is in relation to

(

a) an offence under

section 467.1;

(

b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(

c) a terrorism offence.

1997, c. 23, s. 6

Section 186.1 of the Act is replaced by the following:

Time limitation in relation to criminal organizations and terrorism offences

186.1

Notwithstanding paragraphs 184.2(4)(

e) and 186(4)(

e) and subsection 186(7), an authorization or any renewal of an authorization may be valid for one or more periods specified in the authorization exceeding sixty days, each not exceeding one year, where the authorization is in relation to

(

a) an offence under

section 467.1;

(

b) an offence committed for the benefit of, at the direction of or in association with a criminal organization; or

(

c) a terrorism offence.

1997, c. 23, s. 7

Subsection 196(5) of the Act is replaced by the following:

Exception for criminal organizations and terrorism offences

(5) Notwithstanding subsections (3) and 185(3), where the judge to whom an application referred to in subsection (2) or 185(2) is made, on the basis of an affidavit submitted in support of the application, is satisfied that the investigation is in relation to

(

a) an offence under

section 467.1,

(

b) an offence committed for the benefit of, at the direction of or in association with a criminal organization, or

(

c) a terrorism offence,

and is of the opinion that the interests of justice warrant the granting of the application, the judge shall grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.

Section 231 of the Act is amended by adding the following after subsection (6):

Murder during terrorist activity

(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an indictable offence under this or any other Act of Parliament where the act or omission constituting the offence also constitutes a terrorist activity.

The Act is amended by adding the following after

section 320:

Warrant of seizure

320.1

(1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material that is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, that is stored on and made available to the public through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system 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 necessary to identify and locate the person who posted the material.

Notice to person who posted the 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 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 custodian of the computer system 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.

Person who posted the material may appear

(3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5).

Non-appearance

(4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared.

Order

(5) If the court is satisfied, on a balance of probabilities, that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, it may order the custodian of the computer system to delete the material.

Destruction of 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.

Return of material

(7) If the court is not satisfied that the material is available to the public and is hate propaganda within the meaning of subsection 320(8) or data within the meaning of subsection 342.1(2) that makes hate propaganda available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)( b ).

Other provisions to apply

(8) Subsections 320(6) to (8) apply, with any modifications that the circumstances require, to this section.

When order takes effect

(9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired.

R.S., c. 27 (1st Supp.), s. 55

Section 424 of the Act is replaced by the following:

Threat against internationally protected person

Every one who threatens to commit an offence under

section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against an internationally protected person or who threatens to commit an offence under

section 431 is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Threat against United Nations or associated personnel

424.1

Every one who, with intent to compel any person, group of persons, state or any international or intergovernmental organization to do or refrain from doing any act, threatens to commit an offence under

section 235, 236, 266, 267, 268, 269, 269.1, 271, 272, 273, 279 or 279.1 against a member of United Nations personnel or associated personnel or threatens to commit an offence under

section 431.1 is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

Section 430 of the Act is amended by adding the following after subsection (4):

Mischief relating to religious property

(4.1) Every one who commits mischief in relation to property that is a building, structure or part thereof that is primarily used for religious worship, including a church, mosque, synagogue or temple, or an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin,

(

a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(

b) is guilty of an offence punishable on

summary conviction and liable to imprisonment for a term not exceeding eighteen months.

R.S., c. 27 (1st Supp.), s. 58

Section 431 of the Act is replaced by the following:

Attack on premises, residence or transport of internationally protected person

Every one who commits a violent attack on the official premises, private accommodation or means of transport of an internationally protected person that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Attack on premises, accommodation or transport of United Nations or associated personnel

431.1

Every one who commits a violent attack on the official premises, private accommodation or means of transport of a member of United Nations personnel or associated personnel that is likely to endanger the life or liberty of such a person is guilty of an indictable offence and liable to imprisonment for a term of not more than fourteen years.

Definitions

431.2

(1) The following

definitions apply in this section.

explosive or other lethal device

engin explosif ou autre engin meurtrier

explosive or other lethal device means

(

a) an explosive or incendiary weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage; or

(

b) a weapon or device that is designed to cause, or is capable of causing, death, serious bodily injury or substantial material damage through the release, dissemination or impact of toxic chemicals, biological agents or toxins or similar substances, or radiation or radioactive material.

infrastructure facility

infrastructure

infrastructure facility means a publicly or privately owned facility that provides or distributes services for the benefit of the public, including services relating to water, sewage, energy, fuel and communications.

military forces of a state

forces armées d’un État

military forces of a state means the armed forces that a state organizes, trains and equips in accordance with the law of the state for the primary purpose of national defence or national security, and every person acting in support of those armed forces who is under their formal command, control and responsibility.

place of public use

lieu public

place of public use means those parts of land, a building, street, waterway or other location that are accessible or open to members of the public, whether on a continuous, periodic or occasional basis, and includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or other place that is accessible or open to the public on such a basis.

public transportation system

système de transport public

public transportation system means a publicly or privately owned facility, conveyance or other thing that is used in connection with publicly available services for the transportation of persons or cargo.

Explosive or other lethal device

(2) Every one who delivers, places, discharges or detonates an explosive or other lethal device to, into, in or against a place of public use, a government or public facility, a public transportation system or an infrastructure facility, either with intent to cause death or serious bodily injury or with intent to cause extensive destruction of such a place, system or facility that results in or is likely to result in major economic loss, is guilty of an indictable offence and liable to imprisonment for life.

Armed forces

(3) For greater certainty, subsection (2) does not apply to

an act or omission that is committed during an armed conflict and that, at the time and in the place of its commission, is in accordance with customary international law or conventional international law applicable to the conflict, or to activities undertaken by military forces of a state in the exercise of their official duties, to the extent that those activities are governed by other rules of international law.

1995, c. 39, s. 151(1)

(1) Subparagraph ( a )(

i) of the definition enterprise crime offence in

section 462.3 of the Act is replaced by the following:

(

i) section 83.12 (offences — freezing of property, disclosure or audit),

(i.01)

subsection 99(1) (weapons trafficking),

(2) The definition enterprise crime offence in

section 462.3 of the Act is amended by adding the following after paragraph ( a ):

( a.01 )

a terrorism offence,

Subsection 462.48(1) of the Act is amended by striking out the word “or” at the end of paragraph ( b ), by adding the word “or” at the end of paragraph (

c) and by adding the following after paragraph ( c ):

(

d) a terrorism offence,

1997, c. 16, ss. 6(2) and (3)

(1) Subsections 486(2.11) and (2.2) of the Act are replaced by the following:

Testimony outside court room

(2.101) Notwithstanding

section 650, where an accused is charged with an offence referred to in subsection (2.102), the presiding judge or justice, as the case may be, may order that any witness testify

(

a) outside the court room, if the judge or justice is of the opinion that the order is necessary to protect the safety of the witness; and

(

b) outside the court room or behind a screen or other device that would allow the witness not to see the accused, if the judge or justice is of the opinion that the order is necessary to obtain a full and candid account from the witness.

Offences

(2.102) The offences for the purposes of subsection (2.101) are

(

a) an offence under

section 467.1;

(

b) a terrorism offence;

(

c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act ; and

(

d) an offence under subsection 21(1) or

section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph ( c ).

Same procedure for opinion

(2.11) Where the judge or justice is of the opinion that it is necessary for the complainant or witness to testify in order to determine whether an order under subsection (2.1) or (2.101) should be made in respect of that complainant or witness, the judge or justice shall order that the complainant or witness testify pursuant to that subsection.

Condition of exclusion

(2.2) A complainant or witness shall not testify outside the court room pursuant to subsection (2.1), (2.101) or (2.11) unless arrangements are made for the accused, the judge or justice and the jury to watch the testimony of the complainant or witness by means of closed-circuit television or otherwise and the accused is permitted to communicate with counsel while watching the testimony.

1999, c. 25, s. 2(3)

(2) Subsection 486(4.1) of the Act is replaced by the following:

Ban on publication, etc.

(4.1) A judge or justice may, in any proceedings against an accused other than in respect of an offence set out in subsection (3), make an order directing that the identity of a victim or witness — or, in the case of an offence referred to in subsection (4.11), the identity of a justice system participant who is involved in the proceedings — or any information that could disclose their identity, shall not be published in any document or broadcast in any way, if the judge or justice is satisfied that the order is necessary for the proper administration of justice.

Offences

(4.11) The offences for the purposes of subsection (4.1) are

(

a) a criminal organization offence;

(

b) a terrorism offence;

(

c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act ; and

(

d) an offence under subsection 21(1) or

section 23 of the Security of Information Act that is committed in relation to an offence referred to in paragraph ( c ).

1999, c. 25, s. 2(3)

(3) Paragraphs 486(4.7)(

b) to (

e) of the Act are replaced by the following:

(

b) whether there is a real and substantial risk that the victim, witness or justice system participant would suffer significant harm if their identity were disclosed;

(

c) whether the victim, witness or justice system participant needs the order for their security or to protect them from intimidation or retaliation;

(

d) society’s interest in encouraging the reporting of offences and the participation of victims, witnesses and justice system participants in the criminal justice process;

(

e) whether effective alternatives are available to protect the identity of the victim, witness or justice system participant;

1999, c. 25, s. 2(3)

(4) Paragraph 486(4.9)(

c) of the Act is replaced by the following:

(

c) any other information that could identify the person to whom the application relates as a victim, witness or justice system participant in the proceedings.

1998, c. 37, s. 15(2)

(1) Subparagraph ( a )(

i) of the definition primary designated offence in

section 487.04 of the Act is replaced by the following:

(

i) section 75 (piratical acts),

(i.01)

section 76 (hijacking),

(i.02)

section 77 (endangering safety of aircraft or airport),

(i.03)

section 78.1 (seizing control of ship or fixed platform),

(i.04)

subsection 81(1) (using explosives),

(i.05)

section 83.18 (participation in activity of terrorist group),

(i.06)

section 83.19 (facilitating terrorist activity),

(i.07)

section 83.2 (commission of offence for terrorist group),

(i.08)

section 83.21 (instructing to carry out activity for terrorist group),

(i.09)

section 83.22 (instructing to carry out terrorist activity),

(i.1)

section 83.23 (harbouring or concealing),

(i.11)

section 151 (sexual interference),

(2) Paragraph (

a) of the definition primary designated offence in

section 487.04 of the Act is amended by striking out the word “and” at the end of subparagraph (xv) and by adding the following after subparagraph (xvi):

(xvii)

section 279.1 (hostage taking),

(xviii)

section 431 (attack on premises, residence or transport of internationally protected person),

(xix)

section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and

(xx)

subsection 431.2(2) (explosive or other lethal device),

(3) The definition primary designated offence in

section 487.04 of the Act is amended by striking out the word “and” at the end of paragraph (

c) and by adding the following after paragraph ( c ):

( c.1 )

an offence under any of the following provisions of the Security of Information Act , namely,

(

i) section 6 (approaching, entering, etc., a prohibited place),

(ii)

subsection 20(1) (threats or violence), and

(iii)

subsection 21(1) (harbouring or concealing), and

1998, c. 37, s. 15(2)

(4) Subparagraphs ( a )(

i) to (

v) of the definition secondary designated offence in

section 487.04 of the Act are repealed.

1998, c. 37, s. 15(2)

(5) Subparagraph ( a )(xx) of the definition secondary designated offence in

section 487.04 of the Act is repealed.

Section 490.1 of the Act is amended by adding the following after subsection (1):

Offence relating to financing of terrorism

(1.1) For the purposes of this

section and sections 490.2 to 490.9, a terrorism offence is deemed to be a criminal organization offence.

1996, c. 19, s. 93.3; 1999, c. 25, s. 8(3)

(1) Subsection 515(4.1) of the Act is replaced by the following:

Condition prohibiting possession of firearms, etc.

(4.1) When making an order under subsection (2), in the case of an accused who is charged with

(

a) an offence in the commission of which violence against a person was used, threatened or attempted,

( a.1 )

a terrorism offence,

(

b) an offence under

section 264 (criminal harassment),

(

c) an offence relating to the contravention of subsection 5(3) or (4), 6(3) or 7(2) of the Controlled Drugs and Substances Act ,

(

d) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance, or

(

e) an offence under subsection 20(1) of the Security of Information Act , or an offence under subsection 21(1) or 22(1) or

section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act,

the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person.

1999, c. 25, s. 8(4)

(2) The portion of subsection 515(4.2) of the Act before paragraph (

a) is replaced by the following:

Additional conditions

(4.2) Before making an order under subsection (2), in the case of an accused who is charged with an offence referred to in subsection (4.3), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence, to include as a condition of the order

(3) Section 515 of the Act is amended by adding the following after subsection (4.2):

Offences

(4.3) The offences for the purposes of subsection (4.2) are

(

a) a terrorism offence;

(

b) an offence described in

section 264;

(

c) an offence in the commission of which violence against a person was used, threatened or attempted; and

(

d) an offence under subsection 20(1) of the Security of Information Act , or an offence under subsection 21(1) or 22(1) or

section 23 of that Act that is committed in relation to an offence under subsection 20(1) of that Act.

(4) Paragraph 515(6)(

a) of the Act is amended by striking out the word “or” at the end of subparagraph (

i) and by adding the following after subparagraph (ii):

(iii)

that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,

(iv)

an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act , or

(

v) an offence under subsection 21(1) or 22(1) or

section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv),

Paragraph 718.2(

a) of the Act is amended by striking out the word “or” at the end of subparagraph (iii), by adding the word “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):

(

v) evidence that the offence was a terrorism offence

Section 743.6 of the Act is amended by adding the following after subsection (1.1):

Power of court to delay parole

(1.2) Notwithstanding

section 120 of the Corrections and Conditional Release Act , where an offender receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction for a terrorism offence, the court shall order that the portion of the sentence that must be served before the offender may be released on full parole is one half of the sentence or ten years, whichever is less, unless the court is satisfied, having regard to the circumstances of the commission of the offence and the character and circumstances of the offender, that the expression of society’s denunciation of the offence and the objectives of specific and general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act .

1997, c. 23, s. 19

(1) Subsection 810.01(1) of the Act is replaced by the following:

Fear of criminal organization offence or terrorism offence

810.01

(1) A person who fears on reasonable grounds that another person will commit a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge.

1997, c. 23, s. 19

(2) Subsection 810.01(3) of the Act is replaced by the following:

Adjudication

(3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order that the defendant enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed twelve months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (5), that the provincial court judge considers desirable for preventing the commission of an offence referred to in subsection (1).

1997, c. 23, s. 27

The portion of

section 811 of the Act before paragraph (

a) is replaced by the following:

Breach of recognizance

A person bound by a recognizance under

section 83.3, 810, 810.01, 810.1 or 810.2 who commits a breach of the recognizance is guilty of

Consequential Amendment

R.S., c. I-1

Identification of Criminals Act

23.1

Subsection 2(1) of the Identification of Criminals Act is amended by striking out the word “or” at the end of paragraph ( b ), by adding the word “or” at the end of paragraph (

c) and by adding the following after paragraph ( c ):

(

d) any person who is in lawful custody pursuant to

section 83.3 of the Criminal Code .

PART 2

R.S., c. O-5

OFFICIAL SECRETS ACT

The

long title of the Official Secrets Act is replaced by the following:

An Act respecting the security of information

Section 1 of the Act is replaced by the following:

Short title

This Act may be cited as the Security of Information Act .

(1) The definition senior police officer in subsection 2(1) of the Act is repealed.

(2) The definition Attorney General in subsection 2(1) of the Act is replaced by the following:

Attorney General

procureur général

Attorney General means the Attorney General of Canada and includes his or her lawful deputy;

(3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

communicate

communi­quer

communicate includes to make available;

foreign economic entity

entité économique étrangère

foreign economic entity means

(

a) a foreign state or a group of foreign states, or

(

b) an entity that is controlled, in law or in fact, or is substantially owned, by a foreign state or a group of foreign states;

foreign entity

entité étrangère

foreign entity means

(

a) a foreign power,

(

b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or

(

c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or association referred to in paragraph ( b );

foreign power

puissance étrangère

foreign power means

(

a) the government of a foreign state,

(

b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or

(

c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state;

foreign state

État étranger

foreign state means

(

a) a state other than Canada,

(

b) a province, state or other political subdivision of a state other than Canada, or

(

c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada;

terrorist activity

activité terroriste

terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code ;

terrorist group

groupe terroriste

terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code .

(4) Section 2 of the Act is amended by adding the following after subsection (3):

Facilitation

(4) For greater certainty, subsection 83.01(2) of the Criminal Code applies for the purposes of the

definitions terrorist activity and terrorist group in subsection (1).

Section 3 of the Act is replaced by the following:

Prejudice to the safety or interest of the State

(1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person

(

a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;

(

b) commits, inside or outside Canada, a terrorist activity;

(

c) causes or aggravates an urgent and critical situation in Canada that

(

i) endangers the lives, health or safety of Canadians, or

(ii)

threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;

(

d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada;

(

e) endangers, outside Canada, any person by reason of that person’s relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province;

(

f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province;

(

g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces;

(

h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment;

(

i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence;

(

j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification;

(

k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability;

(

l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations;

(

m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of

(

i) toxic or poisonous chemicals or their precursors,

(ii)

a microbial or other biological agent, or a toxin, including a disease organism,

(iii)

radiation or radioactivity, or

(iv)

an explosion; or

(

n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (

a) to ( m ).

Harm to Canadian interests

(2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(

a) to ( n ).

The Act is amended by adding the following before

section 4:

Miscellaneous Offences

1992, c. 47, s. 80

Sections 6 to 15 of the Act are replaced by the following:

Approaching, entering, etc., a prohibited place

Every person commits an offence who, for any purpose prejudicial to the safety or interests of the State, approaches, inspects, passes over, is in the neighbourhood of or enters a prohibited place at the direction of, for the benefit of or in association with a foreign entity or a terrorist group.

Interference

Every person commits an offence who, in the vicinity of a prohibited place, obstructs, knowingly misleads or otherwise interferes with or impedes a peace officer or a member of Her Majesty’s forces engaged on guard, sentry, patrol or other similar duty in relation to the prohibited place.

Special Operational Information and Persons Permanently Bound to Secrecy

Definitions

(1) The following

definitions apply in this

section and sections 9 to 15.

department

ministère

department means a department named in

Schedule I to the Financial Administration Act , a division or branch of the public service of Canada set out in column I of

Schedule I.1 to that Act and a corporation named in

Schedule II to that Act.

government contractor

partie à un contrat administratif

government contractor means a person who has entered into a contract or arrangement with Her Majesty in right of Canada, a department, board or agency of the Government of Canada or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act , and includes an employee of the person, a subcontractor of the person and an employee of the subcontractor.

person permanently bound to secrecy

personne astreinte au secret à perpétuité

person permanently bound to secrecy means

(

a) a current or former member or employee of a department, division, branch or office of the public service of Canada, or any of its parts, set out in the schedule; or

(

b) a person who has been personally served with a notice issued under subsection 10(1) in respect of the person or who has been informed, in accordance with regulations made under subsection 11(2), of the issuance of such a notice in respect of the person.

special operational information

renseignements opérationnels spéciaux

special operational information means information that the Government of Canada is taking measures to safeguard that reveals, or from which may be inferred,

(

a) the identity of a person, agency, group, body or entity that is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada;

(

b) the nature or content of plans of the Government of Canada for military operations in respect of a potential, imminent or present armed conflict;

(

c) the means that the Government of Canada used, uses or intends to use, or is capable of using, to covertly collect or obtain, or to decipher, assess, analyse, process, handle, report, communicate or otherwise deal with information or intelligence, including any vulnerabilities or limitations of those means;

(

d) whether a place, person, agency, group, body or entity was, is or is intended to be the object of a covert investigation, or a covert collection of information or intelligence, by the Government of Canada;

(

e) the identity of any person who is, has been or is intended to be covertly engaged in an information- or intelligence-collection activity or program of the Government of Canada that is covert in nature;

(

f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (

a) to ( e ), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or

(

g) information or intelligence similar in nature to information or intelligence referred to in any of paragraphs (

a) to (

f) that is in relation to, or received from, a foreign entity or terrorist group.

Deputy head

(2) For the purposes of subsections 10(1) and 15(5), the deputy head is

(

a) for an individual employed in or attached or seconded to a department, the deputy head of the department;

(

b) for an officer or a non-commissioned member of the Canadian Forces, the Chief of the Defence Staff;

(

c) for a person who is a member of the exempt staff of a Minister responsible for a department, the deputy head of the department;

(

d) for a government contractor in relation to a contract with

(

i) the Department of Public Works and Government Services, the deputy head of that department or any other deputy head authorized for the purpose by the Minister of Public Works and Government Services,

(ii)

any other department, the deputy head of that department, and

(iii)

a Crown Corporation within the meaning of subsection 83(1) of the Financial Administration Act , the deputy head of the department of the minister responsible for the Crown Corporation; and

(

e) for any other person, the Clerk of the Privy Council or a person authorized for the purpose by the Clerk of the Privy Council.

Amending

schedule

The Governor in Council may, by order, amend the

schedule by adding or deleting the name of any current or former department, division, branch or office of the public service of Canada, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to security and intelligence matters, or by modifying any name set out in the schedule.

Designation — persons permanently bound to secrecy

(1) The deputy head in respect of a person may, by notice in writing, designate the person to be a person permanently bound to secrecy if the deputy head is of the opinion that, by reason of the person’s office, position, duties, contract or arrangement,

(

a) the person had, has or will have authorized access to special operational information; and

(

b) it is in the interest of national security to designate the person.

Contents

(2) The notice must

(

a) specify the name of the person in respect of whom it is issued;

(

b) specify the office held, position occupied or duties performed by the person or the contract or arrangement in respect of which the person is a government contractor, as the case may be, that led to the designation; and

(

c) state that the person named in the notice is a person permanently bound to secrecy for the purposes of sections 13 and 14.

Exceptions

(3) The following persons may not be designated as persons permanently bound to secrecy, but they continue as such if they were persons permanently bound to secrecy before becoming persons referred to in this subsection:

(

a) the Governor General;

(

b) the lieutenant governor of a province;

(

c) a judge receiving a salary under the Judges Act ; and

(

d) a military judge within the meaning of subsection 2(1) of the National Defence Act .

Service

(1) Subject to subsection (2), a person in respect of whom a notice is issued under subsection 10(1) is a person permanently bound to secrecy as of the moment the person is personally served with the notice or informed of the notice in accordance with the regulations.

Regulations

(2) The Governor in Council may make regulations respecting the personal service of notices issued under subsection 10(1) and regulations respecting personal notification of the issuance of a notice under that subsection when personal service is not practical.

Certificate

(1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of a Minister of the Crown in right of Canada stating that a person is a person permanently bound to secrecy shall be received and is admissible in evidence in any proceedings for an offence under

section 13 or 14, without proof of the signature or authority of the Minister appearing to have signed it, and, in the absence of evidence to the contrary, is proof of the fact so stated.

Disclosure of certificate

(2) The certificate may be received in evidence only if the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention, together with a duplicate of the certificate.

Purported communication

(1) Every person permanently bound to secrecy commits an offence who, intentionally and without authority, communicates or confirms information that, if it were true, would be special operational information.

Truthfulness of information

(2) For the purpose of subsecti