Marginal note:Admission of foreign information obtained in confidence
83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,
(a) the 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.
Marginal note: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), if
(a) the judge determines that the information is not relevant;
(b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or
(c) the Minister withdraws the application.
Marginal note:Use of information
(3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.
- 2001, c. 41, s. 4;
- 2005, c. 10, s. 19.
Marginal note:Mistaken identity
83.07 (1) An entity claiming not to be a listed entity may apply to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not a listed entity.
Marginal note:Issuance of certificate
(2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity.
- 2001, c. 41, s. 4;
- 2005, c. 10, s. 20.
Freezing of Property
Marginal note:Freezing of property
83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly
(a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group;
(b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or
(c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group.
Marginal note:No civil liability
(2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if the person took all reasonable steps to satisfy themself that the relevant property was owned or controlled by or on behalf of a terrorist group.
- 2001, c. 41, s. 4.
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