Maintaining the List of Entities for Terrorism Offences
List of Entities
- 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 Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that
- (a) the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or
- (b) the entity has knowingly acted on behalf of, at the direction of or in association with an entity referred to in paragraph (a).
- Recommendation
(1.1) The Minister may make a recommendation referred to in subsection (1) [est. of list of entities] only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).
- Amendment to name of listed entity
(1.2) The Minister may, by regulation,
- (a) change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and
- (b) delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.
- Application to Minister
(2) On application in writing by a listed entity to be removed from the list, the Minister shall decide whether the applicant should remain a listed entity or whether the Minister should recommend to the Governor in Council that the applicant be removed from the list, taking into account the grounds set out in subsection (1) [est. of list of entities].
- Deeming
(3) If the Minister does not make a decision on the application referred to in subsection (2) [est. of list of entities – application to minister] within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the applicant, the Minister is deemed to have decided that the applicant should remain a listed entity.
- Notice of the decision to the applicant
(4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2) [est. of list of entities – application to minister].
- Judicial review
(5) Within 60 days after the receipt of the notice of the decision referred to in subsection (4) [est. of list of entities – notice of decision to applicant], the applicant may apply to a judge for judicial review of the decision.
- Reference
(6) When an application is made under subsection (5) [est. of list of entities – judicial review of application], the judge shall, without delay
- (a) examine, in private, any security or criminal intelligence reports considered in the making of the decision on whether the applicant should remain a listed entity and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;
- (b) provide the applicant with a statement summarizing the information available to the judge so as to enable the applicant to be reasonably informed of the reasons for the decision, without disclosing any information the disclosure of which would, in the judge’s opinion, injure national security or endanger the safety of any person;
- (c) provide the applicant with a reasonable opportunity to be heard; and
- (d) determine whether the decision is reasonable on the basis of the information available to the judge and, if found not to be reasonable, order that the applicant no longer be a listed entity.
- 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 Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.
- New application
(8) A listed entity may not make another application under subsection (2) [est. of list of entities – application to minister] except if, since the time when the entity made its last application,
- (a) there has been a material change in its circumstances; or
- (b) the Minister has completed a review under subsection (8.1) [review – listed entity] with respect to that entity.
- Review — listed entity
(8.1) The Minister shall review whether there are still reasonable grounds, as set out in subsection (1) [est. of list of entities], for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity
- (a) within five years after
- (i) the day on which this subsection comes into force, if the entity is a listed entity on that day, or
- (ii) the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and
- (b) subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.
- Validity
(9) Reviews undertaken under subsection (8.1) [review – listed entity] do not affect the validity of the list.
- Publication
(10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) [review – listed entity] to be published in the Canada Gazette within five years after the review is completed.
- Definition of judge
(11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
2001, c. 41, ss. 4, 143; 2005, c. 10, ss. 18, 34; 2019, c. 13, s. 141
[annotation(s) added]
- Admission of foreign information obtained in confidence
83.06 (1) For the purposes of subsection 83.05(6) [est. of list of entities – judicial review process], in private and in the absence of the applicant or any counsel representing it,
- (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states; and
- (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.
- Return of information
(2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d) [est. of list of entities – judicial review process – reasonable basis], 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) [est. of list of entities – judicial review process – summary of nat sec info]; or
- (c) the Minister 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) [est. of list of entities – judicial review process – summary of nat sec info], but the judge may base the determination under paragraph 83.05(6)(d) [est. of list of entities – judicial review process – reasonable basis] on it.
2001, c. 41, s. 4; 2005, c. 10, s. 19.
[annotation(s) added]
- Mistaken identity
83.07 (1) An entity whose name is the same as or similar to a name, appearing on the list, of a listed entity and who claims not to be that listed entity may apply in writing to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not that listed entity.
- Issuance of certificate
(2) The Minister shall, within 30 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not that listed entity.
2001, c. 41, s. 4; 2005, c. 10, s. 20; 2019, c. 13, s. 142.