Today, the Federal government introduced a new Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts. This bill would make a change to the Criminal code and its anti-terrorism provisions and if an organization obtained the necessary authorization from the Federal government, then they would be shielded from Canadian criminal liability as long as they comply with the terms of the authorization. If this bill is passed, then Canada will have an exemption regime in place. This is consistent with many other countries that have exemptions for humanitarian actors.
The summary of the bill states:
This enactment amends the Criminal Code in order to create a regime under which the Minister of Public Safety and Emergency Preparedness may authorize an eligible person to carry out, in a geographic area that is controlled by a terrorist group and for certain purposes, activities that otherwise would be prohibited under paragraph 83.03(b) of that Act (which becomes subsection 83.03(2)). It also makes consequential amendments to other Acts.
This is definitely needed if Canadian non-profits and charities are going to do humanitarian work in Afghanistan and certain other areas that are controlled by terrorist groups. As the Federal government notes “Currently, the Taliban, as the de facto authority in Afghanistan, is likely to receive revenue from any payments, such as taxes, import tariffs, airport and administrative fees, which may be necessary to support international assistance and conduct immigration activities.”.
It goes without saying that such a shield will be helpful to some organizations but many organizations that do humanitarian work around the world don’t have the resources, capacity, staff, expertise, contacts, etc., to do work in difficult and complicated places like Afghanistan. But it will help some organizations for which the possibility of criminal prosecution in Canada was a concern.
Apparently, if the Bill receives Royal Assent then guidance will be provided on the process. So, lots of details are not yet known. The Federal government has also said that they “would process authorization applications in a reasonable timeframe to enable the timely delivery of humanitarian aid and other forms of needed assistance in geographic areas controlled by terrorist groups.”
As an aside, I have always loved the word “reasonable”. In 2010, the Federal government released a draft consultation on guidance dealing with the advancement of religion. About seven years ago they said that publication was imminent! Still no publication.
With so many government departments involved and an extensive security review, presumably, it will be a lot of work to obtain such an authorization.
An application will only be able to be referred if it meets the following conditions:
The Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be, may refer an application if they are satisfied that
(a) the application meets any requirements set out in the regulations;
(b) the geographic area identified in the application is controlled by a terrorist group;
(c) the activity proposed in the application is to be carried out for any of the purposes set out in paragraphs (1)(a) to (g);
(d) that activity responds to a real and important need in that geographic area; and
(e) the applicant is capable of administering funds, and reporting on that administration, in a manner that is transparent and accountable, in circumstances in which a terrorist group may use or benefit from property or financial or other related services.
As well the Public Safety Minister may grant the authorization if they are satisfied that the following conditions are met:
(a) there is no practical way to carry out the activity proposed in the application without creating a risk that, in whole or in part, a terrorist group will use or benefit from the property or financial or related services at issue; and
(b) the benefits of carrying out of that activity outweigh that risk, taking into account
(i) the referral of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be,
(ii) the security review conducted by the Public Safety Minister under subsection (10),
(iii) any mitigation measures to minimize that risk, and any other terms and conditions, that may be included in the authorization, and
(iv) any other factor that the Public Safety Minister considers appropriate in the circumstances.
The Public Safety Minister will:
assess the impact of granting the authorization on the financing of terrorism, and in doing so may consider, among other factors,
(a) whether the applicant or any person who is to be involved in carrying out the activity proposed in the application has any links to a terrorist group;
(b) the likelihood that the applicant or any person who is to be involved in carrying out that activity will be acting for the benefit of, at the direction of or in association with a terrorist group in carrying out the activity; and
(c) whether the applicant or any person who is to be involved in carrying out that activity is being or has been investigated for having committed a terrorism offence or has ever been charged with a terrorism offence.
This will be an extensive process and entities who wish to avail themselves of this type of exemption may need to do some further due diligence on their own organization and operations or they may discover that they are ‘surprisingly’ and ‘unfairly’ declined for such an authorization.
It is interesting the number of different departments that will be able to share information to make this new authorization regime work and it includes:
83.038 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:
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(a) the Canadian Security Intelligence Service;
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(b) the Royal Canadian Mounted Police;
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(c) the Communications Security Establishment;
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(d) the Department of National Defence;
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(e) the Canadian Armed Forces;
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(f) the Department of Foreign Affairs, Trade and Development;
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(g) the Canada Revenue Agency;
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(h) the Canada Border Services Agency;
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(i) the Department of Citizenship and Immigration; and
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(j) any other entity prescribed by regulation.
Note that the amendments to Section 241 of the ITA will allow the disclosure of information. Apparently, it is very easy to change S. 241 when it comes to terrorism and this process. Perhaps someone should think about overall the confidentiality provisions in section 241 so that CRA can share more information with the public when non-profits and charities are abusing the system, abusing vulnerable Canadians, etc. Here is a recent submission we provided on the topic of transparency and the non-profit and charity sector.
Here is the full press release from the Government of Canada
Bill C-41: An Act to amend the Criminal Code and to make consequential amendments to other Acts
Backgrounder
On March 9, 2023, the Government of Canada introduced Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts. This legislation would amend one of the Criminal Code’s anti-terrorist financing offences to facilitate the delivery of much-needed international assistance, immigration activities, and other assistance in geographic areas controlled by terrorist groups. The amendments would create a new authorization scheme that would allow those that provide humanitarian and other critical assistance, to apply for an authorization that would be shield them from the risk of criminal liability if the terms and conditions of the authorization are respected. As it is currently written, the Criminal Code does not include any exemptions to facilitate the delivery of these essential activities in these areas.
Currently, the Taliban, as the de facto authority in Afghanistan, is likely to receive revenue from any payments, such as taxes, import tariffs, airport and administrative fees, which may be necessary to support international assistance and conduct immigration activities.
Any Canadian or person in Canada (as defined in the Criminal Code) making or authorizing such payments would risk contravening the Criminal Code’s counter-terrorist financing provision (section 83.03(b)), given that these payments could be used by or benefit the Taliban, a listed terrorist group.
The Situation in Afghanistan
The scale of the humanitarian and economic crisis that people in Afghanistan are currently facing cannot be overstated. According to the UN, a total of 28.3 million people (two thirds of the population) need humanitarian assistance in 2023, an increase of 16 percent since 2022. Nearly 20 million people are facing acute food insecurity, and an estimated 4 million children and pregnant and lactating women in Afghanistan are at risk of acute malnutrition. Women and girls are deprived of access to education, employment, and even the most basic human rights.
Overview of Bill C-41
Under the proposed authorization regime, upon referrals by the Ministers of Foreign Affairs or Immigration, Refugees and Citizenship, the Minister of Public Safety or a delegate would have the authority to grant authorizations. The authorizations would shield applicants from criminal liability for certain activities such as the provision of international assistance or immigration activities, that would otherwise risk contravening the Criminal Code.
In deciding whether to grant an authorization, the Minister of Public Safety would consider referrals by the Ministers of Foreign Affairs and Immigration, Refugees and Citizenship, and take into account their assessment of the application and a security review by security agencies, among other factors. These factors would be set out in the Criminal Code and could apply to any eligible person or organization in Canada or Canadian organizations outside of Canada.
The proposed authorization regime would also inclue:
- requirements for a ministerial review of the regime after five years;
- a provision for information-sharing between departments and agencies for the purpose of a security review that must be conducted before an authorization can be granted;
- the possibility of a judicial review if an authorization is not granted; and
- protection from disclosure of sensitive information during a judicial revew
The proposed amendment would be applicable to any geographic area that is controlled by a terrorist group (not just to Afghanistan), and enables Canada to better respond to similar situations.
Immigration activities and supporting movement out of Afghanistan
The Government of Canada made a commitment to resettle at least 40,000 vulnerable Afghans by the end of 2023, including those who supported the Government of Canada and our allies over the past two decades, women leaders, 2SLGBTQI+ people, human rights defenders, journalists and members of religious and ethnic minorities.
The proposed authorization regime would help facilitate Canada’s ability to deliver on this commitment by reducing a key barrier to enabling safe passage for immigration clients to third countries where immigration processing may be completed and travel to Canada arranged. Subject to access and the security situation on the ground, payments for activities covered could include payments for:
- local personnel for translation services and form-filling support;
- transportation, such as fuel taxes and airport fees; and
- temporary accommodations and meals inside Afghanistan
Assessments, referrals and security review
Under this proposed authorization regime, organizations and individuals applying for an authorization would be assessed on the need for the proposed activity, the capacity of the organization to manage and report on funds and would be subject to a national security review process.
The Minister of Foreign Affairs or the Minister of Immigration, Refugees and Citizenship, or both, as the case may be, would first assess the application to determine if certain thresholds are met that fall within their areas of expertise. This includes, for example, whether the activities fall within one or more of the specific purposes for which an authorization can be made and whether the proposed activities address a real and important need in the stated area under the control of a terrorist group, and whether the applicant is capable in a transparent and accountable manner to administer funds and report on that administration. If the criteria are met, they then could refer the application to the Minister of Public Safety, who, among other things, would conduct a security review.
The security review, in addition to other factors such as the assessment made by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship, would be used in determining whether the benefits of permitting the activity outweigh risk of terrorist financing.
The entire process would support the Minister of Public Safety in granting authorizations to organizations and individuals who have appropriate intent and capacity to carry out much-needed humanitarian or other forms of international assistance in geographic areas controlled by terrorist groups, and where there is a possibility of financial support flowing to terrorist groups.
Applicants granted authorizations would also be subject to stipulated reporting and compliance conditions. The Minister of Public Safety would have the prerogative to amend, suspend, or revoke authorizations in accordance with the legislation. Through this reporting, the Minister of Public Safety could add conditions to the authorization as deemed necessary to minimize the risks of terrorist financing.
Impacts on financial institutions, charities and NGOs
Authorizations under this new legislation would provide legal clarity for all parties involved on which activities can legally be undertaken in areas controlled by a terrorist group. The specified purposes for which a specific activity can be carried out are listed in the proposed legislation.
Should the proposed legislation as introduced receive Royal Assent, as part of its implementation, the Government of Canada would provide guidance to potential applicants regarding the process to apply for an authorization.
The Government of Canada would process authorization applications in a reasonable timeframe to enable the timely delivery of humanitarian aid and other forms of needed assistance in geographic areas controlled by terrorist groups.
Here is a link to C-41 An Act to amend the Criminal Code and to make consequential amendments to other Acts.
Here is the text of the Bill on First Reading:
First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
HOUSE OF COMMONS OF CANADA BILL C-41
An Act to amend the Criminal Code and to make consequential amendments to other Acts
MINISTER OF PUBLIC SAFETY 91130
SUMMARY
This enactment amends the Criminal Code in order to create a regime under which the Minister of Public Safety and Emergency Preparedness may authorize an eligible person to carry out, in a geographic area that is controlled by a terrorist group and for certain purposes, activities that otherwise would be prohibited under paragraph 83.03(b) of that Act (which becomes subsection 83.03(2)). It also makes consequential amendments to other Acts.
1st Session, 44th Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
HOUSE OF COMMONS OF CANADA BILL C-41 An Act to amend the Criminal Code and to make consequential amendments to other Acts
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. C-46
Criminal Code
2001, c. 41, s. 4; 2019, c. 25, s. 16(E)
1 Section 83.03 of the Criminal Code is replaced by the following:
Providing, making available, etc., property or services for terrorist purposes
83.03 Insertion start(1)Insertion end Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property or provides, invites a person to provide or makes available property or financial or other related services, 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.
Providing, making available, etc., property or services — use by terrorist group
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(2) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who, directly or indirectly, collects property or provides, invites a person to provide or makes available property or financial or other related services, knowing that, in whole or part, they will be used by or will benefit a terrorist group.
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Exception
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(3) Subsection (2) does not apply to a person who carries out any of the acts referred to in that subsection under and in accordance with an authorization granted under section 83.032.
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Definition of Public Safety Minister
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83.031 (1) In sections 83.032 to 83.0392, Public Safety Minister means the Minister of Public Safety and Emergency Preparedness.
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Designation
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(2) Any Minister referred to in any of sections 83.032 to 83.0392 may designate a person to exercise a power, or perform a duty or function, conferred on that Minister under those sections.
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Authorization
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83.032 (1) On application, the Public Safety Minister may authorize an eligible person to carry out, in a specified geographic area that is controlled by a terrorist group, a specified activity that would otherwise be prohibited under subsection 83.03(2) — or a specified class of such activities — for any specified purpose from among the following:
(a) providing or supporting the provision of humanitarian assistance, including assistance for the purpose of saving lives or alleviating the suffering of a population that is affected by a crisis or that has immediate and acute needs;
(b) providing or supporting the provision of health services;
(c) providing or supporting the provision of education services;
(d) providing or supporting the provision of programs to assist individuals in earning a livelihood;
(e) providing or supporting the provision of programs to promote or protect human rights;
(f) providing or supporting the provision of 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
(g) supporting any operations of a federal minister or a department or agency of the Government of Canada that are conducted for a purpose other than one set out in any of paragraphs (a) to (f).
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Control
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(2) For the purposes of this section, a terrorist group controls a geographic area if the group exerts sufficient influence over the area such that the carrying out, in the area, of an activity involving property or financial or other related services could reasonably be expected to result in the terrorist group using or benefiting from the property or services, in whole or in part.
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Limitation
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(3) The Public Safety Minister must not, under subsection (1), authorize the making by a federal minister or a department or agency of the Government of Canada of a grant or contribution that is for the purpose of supporting any operations referred to in paragraph (1)(g).
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Eligible persons
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(4) A person is eligible to be granted an authorization if they are in Canada or are a Canadian outside Canada.
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Referral
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(5) The Public Safety Minister may consider an application only if it has been referred to them by
(a) the Minister of Citizenship and Immigration, if the application is in respect of only the purpose set out in paragraph (1)(f);
(b) the Minister of Foreign Affairs, if the application is not in respect of the purpose set out in paragraph (1)(f); or
(c) both of those Ministers, if the application is in respect of two or more purposes set out in subsection (1), at least one of which is the purpose set out in paragraph (1)(f).
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Conditions of referral
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(6) The Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be, may refer an application if they are satisfied that
(a) the application meets any requirements set out in the regulations;
(b) the geographic area identified in the application is controlled by a terrorist group;
(c) the activity proposed in the application is to be carried out for any of the purposes set out in paragraphs (1)(a) to (g);
(d) that activity responds to a real and important need in that geographic area; and
(e) the applicant is capable of administering funds, and reporting on that administration, in a manner that is transparent and accountable, in circumstances in which a terrorist group may use or benefit from property or financial or other related services.
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Deemed withdrawal
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(7) An application may be deemed to be withdrawn by the Minister or Ministers who may refer it if the applicant has, within 60 days after the day on which the request is made, failed to comply with a request to provide information that ought to have been included in the application.
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Assessment
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(8) The Minister who refers an application must, as part of the referral, set out their assessment of how the application meets the conditions set out in paragraphs (6)(a) to (e).
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Conditions for grant
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(9) The Public Safety Minister may grant the authorization under subsection (1) if they are satisfied that
(a) there is no practical way to carry out the activity proposed in the application without creating a risk that, in whole or in part, a terrorist group will use or benefit from the property or financial or related services at issue; and
(b) the benefits of carrying out of that activity outweigh that risk, taking into account
(i) the referral of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be,
(ii) the security review conducted by the Public Safety Minister under subsection (10),
(iii) any mitigation measures to minimize that risk, and any other terms and conditions, that may be included in the authorization, and
(iv) any other factor that the Public Safety Minister considers appropriate in the circumstances.
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Security review
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(10) In conducting a security review, the Public Safety Minister must assess the impact of granting the authorization on the financing of terrorism, and in doing so may consider, among other factors,
(a) whether the applicant or any person who is to be involved in carrying out the activity proposed in the application has any links to a terrorist group;
(b) the likelihood that the applicant or any person who is to be involved in carrying out that activity will be acting for the benefit of, at the direction of or in association with a terrorist group in carrying out the activity; and
(c) whether the applicant or any person who is to be involved in carrying out that activity is being or has been investigated for having committed a terrorism offence or has ever been charged with a terrorism offence.
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Additional information
Start of inserted block
(11) The Public Safety Minister may request that the applicant provide any additional information in respect of the application in the form and manner, and within the period, that are specified by that Minister. If the applicant fails, without reasonable excuse, to provide the information within the specified period, that Minister may deem the application to be withdrawn.
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Terms and conditions
Start of inserted block
(12) The Public Safety Minister may make the authorization subject to any terms and conditions that, in their opinion, are required.
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Third party involvement
Start of inserted block
(13) An authorization applies not only to the person to whom it is granted but also to any other person involved, directly or indirectly, in carrying out a specified activity in accordance with the authorization.
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Period of validity
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(14) An authorization is valid for the period of not more than five years that is specified in the authorization.
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Decisions of the United Nations Security Council
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(15) In the case of an activity proposed in an application in the course of which property or financial or other related services will be used by or will benefit a listed entity that is subject to a sanctions regime established by the Security Council of the United Nations, the Public Safety Minister may authorize the carrying out of that activity only if the Minister of Foreign Affairs confirms that
(a) the Security Council did not intend that the activity be prohibited;
(b) the Security Council or a Committee established by the Security Council has approved the activity in advance; or
(c) in the opinion of the Minister of Foreign Affairs, there is no obstacle in international law to granting the authorization.
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Statutory Instruments Act
Start of inserted block
(16) The Statutory Instruments Act does not apply to an authorization.
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Notice of refusal
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83.033 (1) The Public Safety Minister, the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, as the case may be, must give notice of a decision to refuse an application made under section 83.032 to the applicant within a reasonable time.
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Waiting period — new application
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(2) An applicant whose application is refused is not permitted to make a new application in respect of the same activity until the end of the 180th day after the day on which the notice is given, unless the Minister who gave the notice is satisfied that there has been a material change of circumstances.
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Consideration of new application without referral
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(3) If the Public Safety Minister gave the notice and is satisfied as described in subsection (2), that Minister may consider the new application without it having been referred under subsection 83.032(5). In that case, that Minister may take into account the referral of the previous application for the purposes of subparagraph 83.032(9)(b)(i).
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Additional security reviews
Start of inserted block
83.034 At any time during the period of validity of an authorization granted under section 83.032 or renewed under section 83.035, the Public Safety Minister may conduct additional security reviews under subsection 83.032(10) in respect of any person to whom the authorization applies. For the purpose of those reviews, that Minister may request that the person to whom the authorization is granted provide any additional information in the form and manner, and within the period, that are specified by that Minister.
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Renewal of authorization
Start of inserted block
83.035 (1) The Public Safety Minister may renew an authorization granted under section 83.032 for successive periods of not more than five years each on application, for each renewal, made within any period set out in the regulations and before the authorization expires.
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Exception
Start of inserted block
(2) Despite subsection (1), if an application for renewal is made after the authorization expires, the Public Safety Minister may renew the authorization if, in that Minister’s opinion, there are exceptional circumstances thatjustify why the application for renewal was not made before it expired.
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Amendment to authorization
Start of inserted block
83.036 (1) The Public Safety Minister may amend an authorization granted under section 83.032 or renewed under section 83.035, including any terms and conditions included in it.
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Exception
Start of inserted block
(2) Despite subsection (1), the Public Safety Minister is not permitted to amend an authorization if the amendment would be so significant as to change the essential nature of the authorization, including if the amendment would replace a purpose set out in subsection 83.032(1) and specified in the authorization or add another such purpose.
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Supporting information
Start of inserted block
(3) The person to whom the authorization is granted must provide to the Public Safety Minister any information specified by that Minister in support of the amendment.
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Authorization — suspension and revocation
Start of inserted block
83.037 The Public Safety Minister may, at any time after granting an authorization under section 83.032, suspend or revoke it or restrict its scope if
(a) a person to whom the authorization applies fails to comply with the authorization, including any terms and conditions included in it;
(b) the person to whom the authorization is granted fails, without reasonable excuse, to comply with any reporting requirements or to provide any information requested under section 83.034; or
(c) the Public Safety Minister is no longer satisfied that the condition set out in paragraph 83.032(9)(b) is met.
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Assistance to Public Safety Minister
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83.038 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.
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Judicial review
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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.
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Rules
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(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;
(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.
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Protection of information on an appeal
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(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.
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Definition of judge
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(4) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
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Regulations
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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);
(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(j).
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Annual report
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83.0392 (1) The Public Safety Minister must prepare and cause to be laid before the each House of Parliament, within 180 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.
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Comprehensive review and report
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(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 fifth 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 fifth anniversary.
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2004, c. 15, s. 108
2 Subparagraph (a)(xii.2) of the definition offence in section 183 of the Act is replaced by the following:
(xii.2) Insertion startsubsectionInsertion end 83.03Insertion start(1)Insertion end (providing, making available, etc., property or services for terrorist purposes),
Start of inserted block
(xii.21) subsection 83.03(2) (providing, making available, etc., property or services — use by terrorist group),
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Consequential Amendments
R.S., c. C-44
Canada Business Corporations Act
2019, c. 29, s. 101
3 Paragraph 1(e) of the schedule to the Canada Business Corporations Act is replaced by the following:
(e) Insertion startsubsectionsInsertion end 83.03Insertion start(1) and (2)Insertion end (providing, making available, etc., property or services for terrorist purposes Insertion startand providing, making available, etc., property or services — use by terrorist groupInsertion end);
R.S., c. E-15
Excise Tax Act
4 Paragraph 295(5)(d) of the Excise Tax Act is amended by striking out “or” at the end of subparagraph (xii), by adding “or” at the end of subparagraph (xiii) and by adding the following after subparagraph (xiii):
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(xiv) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
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R.S., c. 1 (5th Supp.)
Income Tax Act
5 Paragraph 241(4)(d) of the Income Tax Act is amended by striking out “or” at the end of subparagraph (xxi), by adding “or” at the end of subparagraph (xxii) and by adding the following after subparagraph (xxii):
Start of inserted block
(xxiii) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
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2002, c. 22
Excise Act, 2001
6 Paragraph 211(6)(e) of the Excise Act, 2001 is amended by striking out “or” at the end of subparagraph (xiii), by adding “or” at the end of subparagraph (xiv) and by adding the following after subparagraph (xiv):
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(xv) to an official solely for the purposes of a security review under subsection 83.032(10) or section 83.034 of the Criminal Code, if the information can reasonably be considered to be relevant to the security review;
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EXPLANATORY NOTES
Criminal CodeClause 1: Existing text of section 83.03:83.03 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years 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.
Clause 2: Relevant portion of the definition:offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to
(a) any of the following provisions of this Act, namely,
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(xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes),
Excise Tax ActClause 4: Relevant portion of the existing subsection 295(5):(5) An official may
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(d) provide confidential information
Income Tax ActClause 5: Relevant portion of the existing subsection 241(4):(4) An official may
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(d) provide taxpayer information
Excise Act, 2001Clause 6: Relevant portion of the existing subsection 211(6):(6) An official may
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(e) provide confidential information