Today the Federal government released information on the new authorization regime and information on the humanitarian exception for activities in areas controlled by terrorist groups.   About a year ago, Bill C-41 was passed.  We have discussed that Bill elsewhere, but it provided a humanitarian exception for activities in areas controlled by terrorist organizations such as Afghanistan.  The humanitarian exception would cover, for example, providing food to starving children.  But if you wanted to do more, like education or help people leave Afghanistan, then you needed to obtain an authorization from the Public Safety Minister.   The details of how to obtain that authorization were what were released today.

If you did not fit into the humanitarian exemption and did not have such an authorization, then it could be a violation of the Canadian Criminal Code with significant consequences.

It is important to keep in mind that the humanitarian exception (which does not require authorization) is very narrow, and the Federal government makes that clear here.  It is unfortunate that the term “humanitarian exception” is used – a better term might be “absolutely necessary interventions for the immediate saving of lives or preventing grievous harm”!  Most people will think that humanitarian activities are much broader than what is anticipated by the Federal government.   As the Federal government notes, it is not only the activities but also the context that will determine whether an activity fits within the humanitarian exception or requires authorization.

Also, keep in mind that many organizations operating in conflict zones may not meet the definition of being “Impartial humanitarian organizations.” If they don’t meet that definition, even if they are doing humanitarian activities, then the humanitarian exception will not be effective. Also, one has to with the humanitarian exception make reasonable efforts to minimize the likelihood or amount of any benefit received by terrorist groups.

The authorization regime helps you avoid prosecution for an unavoidable benefit that you might provide to a terrorist group when carrying out certain permissible activities, like paying staff when some of the funds because of remittances may go to the government, which might be a listed terrorist organization. However, it does not shield you from prosecution if you provide support to a terrorist organization because you did not have adequate safeguards in place and funds were diverted to a terrorist group.  Also, it is not just listed terrorist organizations but also “an entity that has as one of its purposes or activities facilitating or carrying out any terrorist activity”.

You will also have to be very careful who you work with because “Conducting activities through intermediaries known to be charitable arms of, or otherwise affiliated with, a terrorist group, would not receive an authorization and would be subject to the terrorism offences in the Criminal Code.”

The authorization is only effective when approved, not when applied for and authorizations cannot be given retroactively.

The humanitarian exception and the authorization only shield you from some Canadian legal consequences.  They don’t protect you from other countries and their laws or the real risk if you operate in certain areas that your personal safety and those of your colleagues may be at risk.

 

Here is the text of the announcement and information on the process:

Authorization regime and humanitarian exception for activities in terrorist group controlled areas – Section 83.03 Criminal Code

In June 2023, Bill C-41 amended the terrorist financing provisions in section 83.03 of the Criminal Code to include both an exception for humanitarian assistance activities and an Authorization Regime to facilitate the delivery of other needed activities on territory controlled by a terrorist organization, where this would incur an incidental but unavoidable benefit to a terrorist group.

On application under the new Regime, the Public Safety Minister may authorize an eligible person to carry out, in a specified geographic area controlled by a terrorist group, a specified activity that would otherwise be prohibited under the Criminal Code.

The following sections outline the details of the Authorization Regime, provide an overview of the humanitarian exception, explain what it means for a geographic area to be controlled by a terrorist group, and who is eligible to apply for an authorization. Information on the application and assessment process, as well as the requirements of authorization holders and other supporting information, is also available.

Interested in submitting an application? Please fill out and submit your form.

Contact us

For general inquiries about the Authorization Regime, or to find out if your proposed activity requires an Authorization, please contact us at authorization83.03autorisation@ps-sp.gc.ca

 

 

Here is further information from the Government of Canada:

 

About the authorization regime and humanitarian exception

Eligible applicants for an authorization

The following individuals and organizations are eligible to apply for and be granted an authorization as eligible persons under subsection 83.032(4) of the Criminal Code:

1. An organization located in Canada (“organization” is included in the definition of “everyone, person or owner” in section 2 of the Criminal Code and “organization” is defined in section 2 as a corporation or an otherwise structured association of persons); or
2. Any individual, as long as they are:
   1. Located in Canada; or
   2. Located outside Canada, but are also:
      1. a Canadian citizen; or
      2. a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;
3. A body corporate located outside Canada that is incorporated and continued under the laws of Canada or a province (see definition of “Canadian” in subsection 83.01(1) of the Criminal Code and subsection 83.032(4) that uses the term “a Canadian outside Canada”).

An application may be jointly made by eligible persons including organizations that are working together on the same activities.

Conducting activities through intermediaries known to be charitable arms of, or otherwise affiliated with, a terrorist group, would not receive an authorization and would be subject to the terrorism offences in the Criminal Code.

Where organizations are receiving funding from a Government of Canada department to carry out programming or activities, the Government department would be responsible for applying for an authorization for those activities which, once granted, would also shield the implementing organization from criminal liability. Third parties, including sub-implementing partners, would also be covered under the same authorization.

Activities and specified purposes for an authorization

Once granted, an authorization will shield eligible Canadian individuals and organizations as well as persons in Canada from criminal liability with respect to the terrorist financing offence in subsection 83.03(2) of the Criminal Code when carrying out specified activities or classes of activities for any of the following specified purposes, as long as authorization holders adhere to any stipulated terms and conditions.

The Government of Canada does not regulate these activities. Rather, the authorizations are available to shield authorization holders from criminal liability in circumstances where these activities risk violating subsection 83.03(2) of the Criminal Code due to an unavoidable benefit to a terrorist group.

Activities are shielded by an authorization if they are carried out for any of the specified purposes that provide or support the provision of:

• Health services;
• Education services;
• Programs to assist individuals in earning a livelihood;
• Programs to promote or protect human rights;
• Services related to immigration, including services related to the resettlement of individuals and the safe passage of individuals from one geographic area to another; and
• Operations of a federal minister or department or agency of the Government of Canada that are conducted for a purpose other than one set out in any of the categories above.

Health services

• Payment of healthcare workers’ salaries;
• Provision of basic healthcare services in health facilities (including community health centres, clinics, and hospitals);
• Provision of maternal and newborn healthcare, such as antenatal care, delivery care, postpartum care, family planning, and newborn care;
• Delivery of routine child immunization;
• Provision of child nutrition care, such as micro-nutrient supplements and treatment of clinical malnutrition;
• Control and treatment of communicable diseases such as tuberculosis and malaria;
• Support for mental healthcare;
• Support for people with disabilities, including physiotherapy integrated into primary healthcare and prosthetics;
• Supplying essential drugs and medical supplies, as well as fuel and/or generators to ensure electricity supply to health facilities;
• Influenza or other disease vaccination and response, including hospital beds for severe cases;
• Support for health-related education, including social behaviour change communications (SBCC) interventions and awareness campaigns, to positively impact health and nutrition outcomes; and
• Transactions necessary and incidental to carry out healthcare activities and/or support organizations providing healthcare services (e.g. administrative transactions such as payment of staff and contractor salaries, maintenance of bank accounts, duties and other fees, taxes, licences, etc.).

Education services

• Payment of salaries for teachers;
• Cash/voucher assistance for vulnerable children to access education;
• Establishment of temporary learning spaces for girls forced out of the formal education system (this could be in the form of temporary shelters, radio, or online schooling);
• Provision of necessary teaching and learning materials;
• Teacher’s training on distance learning and use of technology (web-based teaching);
• Purchase and distribution of learning materials;
• Support of community members to establish and maintain education and community based schools;
• Strengthening of the private education system for women and scholarship support for girl’s education through private schools/universities;
• Literacy training for women and men; and
• Transactions necessary and incidental to carrying out education activities and/or supporting organizations providing education services (e.g. administrative transactions such as the payment of staff and contractor salaries, maintenance of bank accounts, duties and other fees, taxes, licences, etc.).

Assist individuals in earning a livelihood

• Cash-for-work programs where individuals would construct small-scale community wells, latrines, and safe drinking water points;
• Support for small public works efforts in an urban setting where individuals would earn a temporary basic income;
• Provision of agricultural inputs, such as seeds, fertilizer, beekeeping supplies,  poultry and livestock, to allow vulnerable farmers to maintain their livelihoods;
• Provision of herding inputs, such as fodder, seeds for the fast growing of animal feed, and animal health products to allow vulnerable herders to maintain their livelihoods;
• Micro-finance support for women-led businesses;
  • Provision of vocational training to women, particularly in areas with higher income generation and where women have a comparative advantage; and
  • Inputs and market linkages for women-led businesses/entrepreneurs.
• Transactions necessary and incidental to carry out livelihood activities and/or support organizations providing livelihood services (e.g. administrative transactions such as the payment of staff and contractor salaries, maintenance of bank accounts, duties and other fees, taxes, licences, etc.).

Promote and protect other civil, political, economic, social and cultural human rights

• Support for vulnerable groups subject to discrimination, including but not limited to: women and girls; human and women’s rights defenders, and their allies; human and women’s rights groups; religious, ethnic, and cultural minorities; 2SLGBTQI+ persons; persons with disabilities; children and youth; displaced persons; and those living in poverty. Through activities such as, but not limited to:
  • Provision of salaries for operational human and women’s rights organizations;
  • Emergency temporary relocation;
  • Digital security support/training and other capacity building to operate in the new environment;
  • Micro-grants to human and women’s rights organizations to support their own priority needs;
  • Support to safe houses;
  • Convening of community leaders, including women leaders (e.g. ulemas or Muslim scholars with special knowledge of Islamic sacred law and theology);
  • Advocacy activities, including with community members;
  • Support for groups and individuals doing human rights monitoring; and
  • Response to the needs of survivors of gender-based violence (GBV) through: strengthening referral mechanisms for GBV survivors to psycho-social, legal, and medical services; providing services to GBV survivors (legal, medical, psychological); and supporting women’s shelters and family response units to continue operations.
• Support for organizations and individuals working to promote and protect other civil, political, economic, social and cultural human rights, including but not limited to:
  • Freedom of expression, assembly and association;
  • Media freedom, civic space, and safety of journalists; and
  • Rule of law, freedom from arbitrary detention, torture, cruel and/or unusual punishment, and equality before the law.
• Transactions necessary and incidental to carrying out human and women’s rights activities and/or supporting organizations providing human and women’s rights activities (e.g. administrative transactions such as the payment of staff and contractor salaries, maintenance of bank accounts, duties and other fees, taxes, licences, etc.).

Services related to immigration, including resettlement and safe passage

• Transactions and activities necessary and incidental to carrying out immigration and passport services, such as program integrity activities to assess the eligibility and admissibility of applicants, including but not limited to:
  • Collection of biometrics to establish identity and support the veracity of immigration claims and to support security screening; and
  • Courier services for Canadian passport and travel document services and delivery.
• Transactions and activities necessary and incidental to facilitating safe passage of vulnerable persons pertaining to movement operations and other logistical support prior to departure, including but not limited to:
  • Provision of security for ground transportation to a point of departure (e.g. land border or airport);
  • Provision of security for air transportation, including the arrangement of seats on commercial flights or charter flights (this includes on airlines operating for the purpose of facilitating safe passage);
  • Pre-departure temporary accommodation and sustenance needs (e.g. meals);
  • Health checks and services;
  • Payment of local staff to provide assistance with immigration applications, to liaise with host governments or agencies, to obtain necessary travel documents and permission to exit, and/or liaise with third country governments or agencies to obtain necessary documents for entry;
  • Payment of fees associated with passports / travel documents;
  • Payment of local staff for in-country coordination, planning, security, intelligence gathering, and reporting; and
  • Fees, including government fees or fees paid to the airport authority.
• Additional transactions and activities necessary and incidental to the above services, including but not limited to:
  • Office space lease and provision of furnishings and supplies;
  • Payment of salaries for local personnel (clerical, back office, front desk, security, etc.);
  • Hiring and payment of sub-contractors;
  • Payment for translation and interpretation services;
  • Payment for translation and the printing of handouts for clients;
  • Payment for utilities such as telephone, internet services, bandwidth; and
  • Withholding income tax and remitting it to a foreign government.
• Any other transaction or activity necessary to fulfill the stated purpose of facilitating the immigration processing and safe passage of vulnerable individuals. The transactions and activities above may need to be performed either by the Government of Canada directly or with the assistance of external partners, such as non-governmental organizations, private sector companies, international organizations, or foreign governments.

Operations of a federal minister, department, or agency of the government of Canada

• Activities carried out by the federal Public Service and its Ministers as a result of its abilities to undertake functions for the required operation of their department, that could otherwise be prohibited by section 83.03, including those activities carried out by service providers or other organizations at the direction of, in association with, or on behalf of the Public Service and Ministers.
• This category excludes government transfer payments and activities included in the other purposes for which an authorization can be obtained under the regime. A transfer payment is defined to mean: a monetary payment, or a transfer of goods, services or assets made on the basis of an appropriation to a third party, including a Crown corporation, that does not result in the acquisition by the Government of Canada of any goods, services or assets. Transfer payments are categorized as grants, contributions, and other transfer payments and they do not include investments, loans or loan guarantees.

An authorization cannot be issued retroactively. An applicant is not shielded from criminal liability for conducting eligible activities until the application process is completed and they have received an approved authorization.

 

 

Authorization requirement inquiry

 

 

In order to assist in determining whether an authorization is required to carry out an activity or a class of activities in a given geographic area, at the request of a potential applicant, the Public Safety Minister will provide written information about whether an authorization is required under section 83.032 of the Criminal Code. This service is available for potential applicants, but it is not mandatory.

This process considers the dynamic nature of terrorism and allows for the most up-to-date assessment of terrorist groups and their control of geographic areas. Such an assessment is subject to change in light of the global nature of terrorism and it is incumbent upon the intended applicant to resubmit a request for information should operational circumstances merit such a review.

As part of this process, the potential applicant will be required to provide:

• Contact information for communication purposes;
• Geographical information (i.e., where the proposed activity(ies) will take place);
• Terrorist group(s) suspected of controlling the geographic area(s) in which the proposed activity(ies) will take place, and a description of the likely risk of benefitting a terrorist group;
• Information on the proposed activity(ies);
• Other relevant information, as necessary.

To inquire as to whether an authorization under section 83.032 of the Criminal Code is required to carry out an activity or a class of activities in a given geographic area, please contact authorization83.03autorisation@ps-sp.gc.ca.

The personal information provided will be used solely for correspondence. For information on how personal information is being managed, you may contact the Access to Information and Privacy Coordinator by emailing atip-aiprp@ps-sp.gc.ca. If you are not satisfied with the manner in which Public Safety Canada manages your personal information, you may exercise your right to file a complaint with the Office of the Privacy Commission of Canada.

Based on the response from the Public Safety Minister, the potential applicant may then wish to formally apply under the Authorization Regime in order to seek authorization and, if granted, be shielded from criminal liability for conducting or supporting the proposed activities (see section 4.1 Submission of an Application).

 

 

Application process

 

Submission of an application

Applicants must complete and submit the required application form. The application will require information to assess, among other things, whether:

• the activities will take place in a geographic area controlled by a terrorist group;
• the activity responds to a real and important need in the area;
• the applicant has the capacity to administer funds, and report on that administration, in a manner that is transparent and accountable, in circumstances in which a terrorist group may benefit; and
• the benefits of the proposed activity outweigh that risk.

The application process includes two stages: first, an initial assessment by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship to confirm that the application meets the criteria outlined in statute (as per 83.032(6) of the Criminal Code) and, a final assessment and decision by the Public Safety Minister upon referral after the initial assessment. The final assessment includes a security review in which information may be disclosed to the entities that assist the Public Safety Minister in the administration and enforcement of sections 83.031 to 83.0392 of the Criminal Code, as listed in subsection 83.038(1). At each stage, the application is assessed in accordance with a number of required conditions.

The Public Safety Minister may grant an authorization to an applicant and its implementing partners, when applicable, with respect to a specified activity or set of activities or transaction to be carried out in the areas controlled by a terrorist group.

Note that for individuals or organizations that are implementing programming or activities on behalf of a Government of Canada department, the Government department is responsible for seeking an authorization, if needed. This authorization would also shield implementing partners and third-party providers.

Applicants are generally required to provide:

• Contact information, including but not limited to names, phone numbers, emails and addresses for the individual/organization requesting an authorization;
• Personal identifiers, including, but not limited to, name, date and place of birth, gender, citizenship(s), email and personal addresses, and phone numbers.

(for project activities)

• Detailed information on the project, including but not limited to, project description, location, and project timelines/lifecycle;
• Project budget;
• Partner organizations and/or intermediaries known to the applicant at the time of application, as well as information on these third parties as required to conduct a security review.

(for funds)

• Total estimated budget;
• Source(s) of funds;
• Value of services/goods to be delivered in the specified geographic area that is controlled by a terrorist group;
• Total expenses expected to be incurred within the specified geographic area that is controlled by a terrorist group.

(for goods and services)

• Detailed information on the description of the goods and services involved;
• Description of the end use of the goods or services;
• List of partner organizations and/or intermediaries, if applicable;
• The intended transport pathway for any goods and services proposed to be provided, either directly or through any intermediaries, to the end user.

Please note that any information provided in an application, including personal information, may be disclosed to the entities that assist the Public Safety Minister in the administration and enforcement of sections 83.031 to 83.0392 of the Criminal Code, as listed in subsection 83.038(1).

In making their decision, the Public Safety Minister will consider whether the benefits of carrying out that activity outweigh the risk of terrorist financing. In doing so, the Public Safety Minister will take into account:

• The referral of the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship;
• The security review;
• Any mitigation measures to minimize that risk and any other terms and conditions that may be included in the authorization; and
• Any other factor that the Public Safety Minister considers appropriate in the circumstances.

An applicant’s personal information will be managed and administered in accordance with the Access to Information Act, the Privacy Act and any other applicable laws and directives.

 

Assessment of the applications

Assessment of the applications by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship

For an application to be referred to the Public Safety Minister for further assessment, the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship must be satisfied that the application:

• Meets any requirements set out in regulations;
• Covers activities that will occur in a geographic area controlled by a terrorist group and align with the purposes specified under the regime;
• Covers activities that respond to a real and important need in the geographic area; and
• Is made by an applicant capable of administering funds in circumstances involving terrorist groups, and reporting on that administration in a transparent and accountable manner.

This information will be assessed using the information provided in the application form. The appropriate department may reach out for additional information or clarification, in order to complete the above assessments.

Referral to the Public Safety Minister or refusal of an application

Applicants will be notified whether their applications are refused or referred by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship to the Public Safety Minister for further assessment and decision.

The Minister of Foreign Affairs and the Minister of Immigration, Refugees and Citizenship may refuse an application on the grounds that it does not meet eligibility and assessment criteria, and/or the conditions of referral as laid out in subsection 83.032(6). In such cases, the application would not be referred to the Public Safety Minister for further review and assessment and the applicant would receive notice within a reasonable time of the decision to refuse the application.

An applicant is not shielded from criminal liability for conducting activities until the application process is completed and they have been granted an authorization. Note that where a request is refused, the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship will issue a refusal notice to inform applicants of the decision.

Security assessment

After receiving a referral from the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship, the Public Safety Minister may request the appropriate entities to conduct a mandatory security review to assess the impact of granting the authorization on terrorism financing and other security considerations before making a decision whether to grant an authorization.

The security assessment will gauge, among other factors:

• Whether the applicant or any persons involved with the proposed activity have any links to terrorist groups;
• The likelihood that the applicant or any persons involved in the proposed activity, will be acting on behalf of, for the benefit of, at the direction of, or in association with, a terrorist group in carrying out the activity; and
• Whether the applicant or any persons involved in carrying out the proposed activity is being or has been investigated for having committed a terrorism offence, or has ever been charged with a terrorism offence.

The intent of the security assessment is to objectively determine the impact of granting the authorization on terrorist financing. The assessment will be based on factual information and will consider the context of the activities and the complex realities of the operating environment. The likelihood that the applicant is acting in association with, or at the direction of, a terrorist group, other than as needed to carry out activities that fall within the purposes under the regime while mitigating the risks of terrorist financing, will be assessed. This approach includes the potential for the Public Safety Minister to impose mitigation measures or conditions where risks are identified, rather than to issue a refusal.

Indicators will be identified for the assessment of the risk of terrorist financing that  organizations may face. These may include: the general terrorism and terrorist financing threat environment; the prevalence of domestic intelligence on the terrorist financing threat posed to the organization; and, credible open source information on links between the domestic organization and terrorist individuals or organizations.

Indicators by themselves may not always be indicative of suspected financial or criminal activity but taken together with other indicators and other factors may compound concerns relating to terrorism financing; or may give rise to the need for further monitoring and due diligence measures by the Public Safety Minister. Indicators point to the possibility of specific activities occurring: the more indicators of an activity, the greater the likelihood of its occurrence.

The Public Safety Minister may request that the applicant provide additional information within a specified period. The application may be deemed to be withdrawn if the applicant fails to do so without reasonable explanation.

Where there is a decision to refuse an application at this stage, the decision will be based on facts established through the security review process. The unsuccessful applicant can take steps following the refusal of an application (see Section 4.6 Refusal of an Application).

To request an update on the status of your application please contact authorization83.03autorisation@ps-sp.gc.ca.

Decision by the Minister of Public Safety and delivery of authorization to the applicant

Once the assessment is completed, applicants will be notified whether an authorization will be granted or refused.

The Minister of Public Safety may decide to grant an authorization if they are satisfied that:

• There is no practical way of carrying out the proposed activity without creating a risk of terrorism financing; and
• The benefits of the proposed activity outweigh that risk.
• The risk / benefit assessment will consider:
  • The referral of the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship on the need for the proposed activity in the specified region, and the capability of the applicant to manage funds in circumstances involving terrorist groups, amongst other things;
  • The security review findings;
  • Any measures to mitigate risk and any other terms and conditions that may be included in the authorization; and
  • Any other factors considered appropriate.

An authorization will be valid for a period of up to five years. The period of validity will be specified in the authorization.

The Statutory Instruments Act does not apply to an authorization and the authorizations will not be made public.

An authorization applies, in addition to the individual(s) or organization(s) named in it, to any other person involved in carrying out an activity on behalf of that individual or organization and in accordance with the authorization. An authorization does not compel any party, including the financial institutions involved in processing a transaction, to take any action. It confirms, solely, that those organizations and individuals to whom the authorization applies, are shielded from potential criminal liability should they, when providing the assistance, otherwise violate subsection 83.03(2) of the Criminal Code. An authorization also does not absolve recipients from performing sufficient due diligence as required by domestic and international obligations.

Refusal of an application

If an application for an authorization is refused, the Public Safety Minister will inform the applicant and give reasons for refusing the application. The Public Safety Minister may refuse an application for the following reasons:

• The proposed activities do not satisfy the criteria for application;
• National security grounds;
• Other factors the minister considers appropriate in the circumstances.

If an application for an authorization is refused by the Public Safety Minister, the Minister of Foreign Affairs, or the Minister of Citizenship and Immigration, an applicant has the following options:

• Re-apply after 30 days from the date of the decision with any new or supplementary information;
• Re-apply before the 30 days if the minister who gave the notice of refusal is satisfied there has been a material change in circumstance:
  • If the Minister of Foreign Affairs or the Minister of Immigration, Refugees and Citizenship issued a refusal, the applicant would need to demonstrate that they have additional information that can fulfil the criteria that was noted in the refusal letter as not being met;
  • If the Public Safety Minister issued a refusal, and is satisfied there has been a material change of circumstance, they may process the new application based on the previous referral given by the Minister of Foreign Affairs or the Minister of Immigration, Refugees and Citizenship; and/or
• Seek to challenge the decision in The Federal Court of Canada.

Reporting and monitoring of compliance

 

Once an authorization is granted, authorization holders are required to proactively report any new information, including but not limited to, the change of or addition of persons to whom the authorization applies, including implementing partners or third-party service providers, principals, change of addresses, contact information, financial information and/or any other amendments to the original approved application.

Further assessment may be conducted upon receipt of the information while the authorization remains in place unless the information identifies a risk which may lead the Public Safety Minister to suspend, restrict or revoke the authorization. A failure to proactively disclose any changes may result in the revocation of the authorization.

It is the responsibility of the authorization holders to ensure the activities they undertake in the geographic area controlled by a terrorist group fall within the scope of the authorization and that they comply with any terms or conditions of the authorization.

All authorizations are subject to record-keeping requirements. Parties must keep accurate, complete, and legible records, for a minimum of five (5) years, on paper or electronically, of any activity purporting to have been covered by an authorization.

Authorizations may also contain reporting requirements. Reporting requirements will be determined on a case-by-case basis and will be stipulated in the authorization.

Reporting requirements are used to verify that authorization holders are compliant with the terms and conditions of an authorization.

Reporting requirements will typically require that a party report to Public Safety Canada with details and supporting evidence of:

• The amount(s) of property or financial or other related services transferred that would result in benefit to a terrorist group;
• The payment/shipment route used; and
• The date on which the property or financial or other related services was transferred.

Authorization holders can contact authorization83.03autorisation@ps-sp.gc.ca for reporting forms and requirements.

It is the responsibility of authorization holders to comply with any terms and conditions of the authorization. The Public Safety Minister may, at any time after granting an authorization, suspend or revoke it or restrict its scope if the authorization holder:

• Fails to comply with the authorization and any terms and conditions;
• Fails to comply with any reporting requirements or provide additional information requested; and/or
• The Public Safety Minister determines that the benefits of carrying out the activity no longer outweigh the risk of terrorist financing.

Specific conditions, mitigation measures, and reporting requirements will be stipulated in each authorization issued.

In addition to reporting and record keeping requirements, authorizations may be subject to further requirements in order to mitigate the risks associated with an authorized activity.

Where organizations are implementing programming or activities funded through a Government of Canada department, the organizations are responsible to adhere to the reporting requirements included in their funding agreement.

Periodic security review

Authorization holders may be subject to periodic updates of the security review in respect of any person, including organizations, to whom the authorization applies.

New information submitted as part of the reporting requirements could be assessed to further determine if: an individual or an organization has links to a terrorist group; is acting in association with one; or, if there are factors that demonstrate that an individual or an organization is not sufficiently capable of administering funds in circumstances involving terrorist groups, and reporting on that administration in a transparent and accountable manner.

Authorization holders can contact authorization83.03autorisation@ps-sp.gc.ca for reporting forms and requirements.

Amendment, revocation or suspension

The Public Safety Minister would be able to amend any granted or renewed authorization, except if the proposed modification alters the essential nature of the application. This includes if the proposed modification would change the purpose for which the authorization was granted.

Requests for an amendment of an authorization should be submitted to Public Safety Canada as soon as it becomes known to the authorization holder that an amendment is required.

Full supporting information should be provided to authorization83.03autorisation@ps-sp.gc.ca.

If multiple amendments need to be made to a single authorization, these should be included in a single request.

Authorization holders are responsible for identifying any amendments to an authorization that may be deemed necessary and submitting an application or amendment request accordingly.

The Public Safety Minister can, at any time, suspend or revoke an authorization or restrict its scope if:

• A person to whom the authorization applies fails to comply with the authorization, including any terms and conditions included in it;
• The person to whom the authorization is granted fails, without reasonable excuse, to comply with any reporting requirements or to provide any information requested for additional security reviews; or
• The Public Safety Minister is no longer satisfied that the conditions for granting the authorization are met (e.g. the benefit outweighs the risk of terrorist financing).

Renewal of the application

To renew an authorization (if necessary), applicants must apply prior to the expiry of the authorization via request to authorization83.03autorisation@ps-sp.gc.ca.

If an authorization has expired, the Public Safety Minister may renew the authorization only, if in their opinion, there are exceptional circumstances that justify why the application for renewal was not made before it expired. In this case, the shield from criminal liability expires when the authorization expires and only starts again on the date when the renewal was made. Renewal applications where there are exceptional circumstances to justify a renewal after expiry would be submitted to authorization83.03autorisation@ps-sp.gc.ca.

If no such exceptional circumstances exist, the applicant would be required to submit a new authorization application here [GAC interface].

Failure to comply

Failing to comply with any of the terms and conditions of an authorization may result in the revocation, suspension, amendment, or termination of an authorization.

An authorization provides a shield from criminal liability for activities that may otherwise contravene subsection 83.03(2) of the Criminal Code. A person’s failure to act within the bounds of an authorization could result in a breach of subsection 83.03(2), which, if the person is found guilty, is an indictable offence and carries a prison term of up to 10 years.