Department of Public Safety and Emergency Preparedness Act (S.C. 2005, c. 10)
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Assented to 2005-03-23
CONSEQUENTIAL AMENDMENTS
1996, c. 19Controlled Drugs and Substances Act
16. Section 57 of the Act is replaced by the following:
Marginal note:Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness
57. The Minister’s powers, duties or functions under this Act or the regulations — and those of the Minister of Public Safety and Emergency Preparedness under the regulations — may be exercised or performed by any person designated, or any person occupying a position designated, for that purpose by the relevant Minister.
1992, c. 20Corrections and Conditional Release Act
17. The definition “ministre” in section 157 of the French version of the Corrections and Conditional Release Act is replaced by the following:
« ministre »
“Minister”
ministre S’entend au sens de la partie I.
R.S., c. C-46Criminal Code
Marginal note:2001, c. 41, s. 4
18. (1) Subsections 83.05(1.1) to (4) of the Criminal Code are replaced by the following:
Marginal note:Recommendation
(1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b).
Marginal note:Application to Minister
(2) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity.
Marginal note:Deeming
(3) If the Minister does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity.
Marginal note:Notice of the decision to the applicant
(4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2).
Marginal note:2001, c. 41, s. 4
(2) Paragraph 83.05(6)(a) of the Act is replaced by the following:
(a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;
Marginal note:2001, c. 41, s. 4
(3) Subsections 83.05(7) to (10) of the Act are replaced by the following:
Marginal note:Publication
(7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity.
Marginal note:New application
(8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (9).
Marginal note:Review of list
(9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list.
Marginal note:Completion of review
(10) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed.
Marginal note:2001, c. 41, s. 4
19. Subsections 83.06(1) and (2) of the Act are replaced by the following:
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:2001, c. 41, s. 4
20. Section 83.07 of the Act is replaced by the following:
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.
Marginal note:2001, c. 41, s. 4
21. Subsections 83.09(1) and (2) of the Act are replaced by the following:
Marginal note:Exemptions
83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions.
Marginal note:Ministerial authorization
(2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it.
Marginal note:1993, c. 40, s. 5; 1997, c. 18, s. 8
22. The portion of subsection 185(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Application for authorization
185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by
(a) the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or
23. The portion of subsection 186(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Renewal of authorization
(6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters:
Marginal note:1993, c. 40, s. 7
24. Subsection 187(2) of the Act is replaced by the following:
Marginal note:Order of judge
(2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard.
Marginal note:1993, c. 40, s. 14(1)
25. Subsections 196(1) and (2) of the Act are replaced by the following:
Marginal note:Written notification to be given
196. (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified.
Marginal note:Extension of period for notification
(2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of.
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