Authorization to Provide Property or Services to Terrorist Group
| This page was last substantively updated or reviewed July 2023. (Rev. # 92386) |
- Assistance to Public Safety Minister
83.038 (1) The following entities may assist the Public Safety Minister in the administration and enforcement of sections 83.031 to 83.0392, including by collecting information from and disclosing information to that Minister and each other:
- (a) the Canadian Security Intelligence Service;
- (b) the Royal Canadian Mounted Police;
- (c) the Communications Security Establishment;
- (d) the Department of National Defence;
- (e) the Canadian Armed Forces;
- (f) the Department of Foreign Affairs, Trade and Development;
- (g) the Canada Revenue Agency;
- (h) the Canada Border Services Agency;
- (i) the Department of Citizenship and Immigration; and
- (j) any other entity prescribed by regulation.
- Use of information
(2) Any information collected or disclosed under subsection (1) must only be used for the administration and enforcement of sections 83.031 to 83.0392.
- Compliance with subsection (2)
(3) The Public Safety Minister must take reasonable steps to ensure that any entity assisting that Minister under subsection (1) complies with subsection (2).
2023, c. 14, s. 1
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- Judicial review
83.039 (1) The rules set out in subsection (2) apply to judicial review proceedings in respect of decisions made by the Public Safety Minister, the Minister of Foreign Affairs or the Minister of Citizenship and Immigration under sections 83.032 to 83.038.
- Rules
(2) The following rules apply for the purposes of subsection (1):
- (a) at any time during the proceeding, the judge must, on the request of the relevant Minister, hear submissions on evidence or other information in the absence of the public and of the applicant and their counsel if, in the judge’s opinion, the disclosure of the evidence or other information could be injurious to international relations, national defence or national security or could endanger the safety of any person;
- (a.1) the judge may allow an amicus curiae who is appointed in respect of the proceeding to participate in a hearing under paragraph (a) and to review the evidence or other information that is the subject of the hearing;
- (b) the judge must ensure the confidentiality of the evidence and other information provided by the relevant Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person;
- (c) the judge must ensure that the applicant is provided with a summary of the evidence and other information available to the judge that enables the applicant to be reasonably informed of the reasons for the relevant Minister’s decision but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or would endanger the safety of any person if disclosed;
- (d) the judge must provide the applicant and the relevant Minister with an opportunity to be heard;
- (e) the judge may base their decision on evidence or other information available to them even if a summary of that evidence or other information has not been provided to the applicant;
- (f) if the judge determines that evidence or other information provided by the relevant Minister is not relevant or if the relevant Minister withdraws the evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the relevant Minister; and
- (g) the judge must ensure the confidentiality of all evidence and other information that the relevant Minister withdraws.
- Protection of information on an appeal
(3) Subsection (2) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in subsection (1) and to any further appeal, with any necessary modifications.
- Definition of judge
(4) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
2023, c. 14, s. 1
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- Regulations
83.0391 The Governor in Council may, on the recommendation of the Public Safety Minister, make regulations
- (a) respecting applications for authorization referred to in subsection 83.032(1);
- (a.1) respecting requests and the provision of information under subsection 83.032(2.1);
- (b) respecting the granting, renewal, amendment, suspension, revocation or restriction of the scope of authorizations by the Public Safety Minister for the purposes of sections 83.032 and 83.035 to 83.037;
- (c) respecting reporting by the person to whom an authorization is granted under section 83.032 for the purpose of ensuring compliance with the authorization and with any terms and conditions included in it under subsection 83.032(12); and
- (d) prescribing any other entity for the purpose of paragraph 83.038(1)(j).
2023, c. 14, s. 1
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- Annual report
83.0392 (1) The Public Safety Minister must prepare and cause to be laid before each House of Parliament, within 90 days after the first day of January of every year, a report on the operation of sections 83.031 to 83.0391 for the previous calendar year.
- Number of applications for authorizations
(1.1) The report under subsection (1) must set out the number of applications for authorizations made, approved or refused in the previous calendar year.
- Redactions
(1.2) If the report under subsection (1) contains any redactions, the Public Safety Minister must forward the unredacted report to the National Security and Intelligence Committee of Parliamentarians as well as the National Security and Intelligence Review Agency.
- Comprehensive review and report
(2) A comprehensive review of sections 83.031 to 83.0391 and their operation must be conducted by the Public Safety Minister no later than the first anniversary of the day on which this section comes into force. The Public Safety Minister must cause a report to be laid before each House of Parliament within 180 days after that first anniversary and every five years thereafter.
- Plan to remedy deficiencies
(3) If the report identifies any deficiencies in sections 83.031 to 83.0391 or their operation, the report must include a plan to remedy those deficiencies — including any proposed legislative amendments — and a timeline for its implementation.
2023, c. 14, s. 1
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