Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
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Assented to 2015-06-18
Anti-terrorism Act, 2015
S.C. 2015, c. 20
Assented to 2015-06-18
An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts
SUMMARY
Part 1 enacts the Security of Canada Information Sharing Act, which authorizes Government of Canada institutions to disclose information to Government of Canada institutions that have jurisdiction or responsibilities in respect of activities that undermine the security of Canada. It also makes related amendments to other Acts.
Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.
Part 3 amends the Criminal Code to, with respect to recognizances to keep the peace relating to a terrorist activity or a terrorism offence, extend their duration, provide for new thresholds, authorize a judge to impose sureties and require a judge to consider whether it is desirable to include in a recognizance conditions regarding passports and specified geographic areas. With respect to all recognizances to keep the peace, the amendments also allow hearings to be conducted by video conference and orders to be transferred to a judge in a territorial division other than the one in which the order was made and increase the maximum sentences for breach of those recognizances.
It further amends the Criminal Code to provide for an offence of knowingly advocating or promoting the commission of terrorism offences in general. It also provides a judge with the power to order the seizure of terrorist propaganda or, if the propaganda is in electronic form, to order the deletion of the propaganda from a computer system.
Finally, it amends the Criminal Code to provide for the increased protection of witnesses, in particular of persons who play a role in respect of proceedings involving security information or criminal intelligence information, and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to permit the Canadian Security Intelligence Service to take, within and outside Canada, measures to reduce threats to the security of Canada, including measures that are authorized by the Federal Court. It authorizes the Federal Court to make an assistance order to give effect to a warrant issued under that Act. It also creates new reporting requirements for the Service and requires the Security Intelligence Review Committee to review the Service’s performance in taking measures to reduce threats to the security of Canada.
Part 5 amends Divisions 8 and 9 of Part 1 of the Immigration and Refugee Protection Act to, among other things,
(a) define obligations related to the provision of information in proceedings under that Division 9;
(b) authorize the judge, on the request of the Minister, to exempt the Minister from providing the special advocate with certain relevant information that has not been filed with the Federal Court, if the judge is satisfied that the information does not enable the person named in a certificate to be reasonably informed of the case made by the Minister, and authorize the judge to ask the special advocate to make submissions with respect to the exemption; and
(c) allow the Minister to appeal, or to apply for judicial review of, any decision requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Anti-terrorism Act, 2015.
PART 1SECURITY OF CANADA INFORMATION SHARING ACT
Enactment of Act
Marginal note:Enactment
2. The Security of Canada Information Sharing Act, whose text is as follows and whose Schedules 1 to 3 are set out in the schedule to this Act, is enacted:
An Act to encourage and facilitate information sharing between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada
Preamble
Whereas the people of Canada are entitled to live free from threats to their lives and their security;
Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly;
Whereas there is no more fundamental role for a government than protecting its country and its people;
Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state;
Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution;
Whereas Parliament recognizes that information needs to be shared — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;
Whereas information in respect of activities that undermine the security of Canada is to be shared in a manner that is consistent with the Canadian Charter of Rights and Freedoms and the protection of privacy;
And whereas Government of Canada institutions are accountable for the effective and responsible sharing of information;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Security of Canada Information Sharing Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“activity that undermines the security of Canada”
« activité portant atteinte à la sécurité du Canada »
“activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:
(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations, public safety, the administration of justice, diplomatic or consular relations, or the economic or financial stability of Canada;
(b) changing or unduly influencing a government in Canada by force or unlawful means;
(c) espionage, sabotage or covert foreign-influenced activities;
(d) terrorism;
(e) proliferation of nuclear, chemical, radiological or biological weapons;
(f) interference with critical infrastructure;
(g) interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act;
(h) an activity that causes serious harm to a person or their property because of that person’s association with Canada; and
(i) an activity that takes place in Canada and undermines the security of another state.
For greater certainty, it does not include advocacy, protest, dissent and artistic expression.
“Government of Canada institution”
« institution fédérale »
“Government of Canada institution” means
(a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or
(b) an institution that is listed in Schedule 2.
“people of Canada”
« population du Canada »
“people of Canada” means
(a) the people in Canada; or
(b) any citizen, as defined in subsection 2(1) of the Citizenship Act — or any permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act — who is outside Canada.
PURPOSE AND PRINCIPLES
Marginal note:Purpose
3. The purpose of this Act is to encourage and facilitate the sharing of information among Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.
Marginal note:Guiding principles
4. Information sharing under this Act is to be guided by the following principles:
(a) effective and responsible information sharing protects Canada and Canadians;
(b) respect for caveats on and originator control over shared information is consistent with effective and responsible information sharing;
(c) entry into information-sharing arrangements is appropriate when Government of Canada institutions share information regularly;
(d) the provision of feedback as to how shared information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information sharing; and
(e) only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.
DISCLOSURE OF INFORMATION
Marginal note:Disclosure of information
5. (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or their delegate, if the information is relevant to the recipient institution’s jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.
Marginal note:Further disclosure under subsection (1)
(2) Information received under subsection (1) may be further disclosed under that subsection.
Marginal note:Further disclosure — other than under this Act
6. For greater certainty, the use and further disclosure, other than under this Act, of information that is disclosed under subsection 5(1) are neither authorized nor prohibited by this Act, but must be done in accordance with the law, including any legal requirements, restrictions and prohibitions.
Marginal note:No presumption
7. The act of disclosing information under this Act does not create a presumption
(a) that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or
(b) that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.
Marginal note:Non-derogation
8. Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.
PROTECTION FROM CIVIL PROCEEDINGS
Marginal note:No civil proceedings
9. No civil proceedings lie against any person for their disclosure in good faith of information under this Act.
POWERS OF GOVERNOR IN COUNCIL
Marginal note:Regulations
10. (1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations
(a) respecting the manner of disclosure under section 5;
(b) requiring records to be kept and retained in respect of that disclosure; and
(c) respecting the manner in which those records are kept and retained.
Marginal note:Amendments to Schedules 1 and 2
(2) The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.
Marginal note:Amendments to Schedule 3
(3) The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.
Related Amendments
R.S., c. E-15Excise Tax Act
3. Section 295 of the Excise Tax Act is amended by adding the following after subsection (5.04):
Marginal note:Threats to security
(5.05) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) confidential information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(b) information setting out the reasonable grounds referred to in paragraph (a), to the extent that any such grounds rely on information referred to in that paragraph.
R.S., c. F-15Department of Fisheries and Oceans Act
4. Section 4 of the Department of Fisheries and Oceans Act is amended by adding the following after subsection (2):
Marginal note:Security of Canada Information Sharing Act
(3) In carrying out activities in relation to the maritime domain, the Minister may receive information that
(a) relates to activities that undermine the security of Canada, as defined in section 2 of the Security of Canada Information Sharing Act; and
(b) is relevant to his or her support of a Government of Canada institution, as defined in that section, that has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of those activities, including their detection, identification, analysis, prevention, investigation or disruption.
R.S., c. 1 (2nd Supp.)Customs Act
5. (1) Subsection 107(4) of the Customs Act is amended by striking out “or” at the end of paragraph (g), by adding “or” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) is disclosed in accordance with the Security of Canada Information Sharing Act.
(2) Paragraph 107(5)(j) of the Act is replaced by the following:
(j) an official of the Department of Citizenship and Immigration solely for the purpose of administering or enforcing
(i) the Citizenship Act or the Immigration and Refugee Protection Act, if the information relates to the movement of people into and out of Canada, or
(ii) the law of Canada respecting passports or other travel documents;
R.S., c. 1 (5th Supp.)Income Tax Act
6. (1) The portion of subsection 241(9) of the Income Tax Act before paragraph (c) is replaced by the following:
Marginal note:Threats to security
(9) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) publicly accessible charity information;
(b) taxpayer information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(2) The definition “designated taxpayer information” in subsection 241(10) of the Act is repealed.
1995, c. 25Chemical Weapons Convention Implementation Act
7. Subsection 17(3) of the Chemical Weapons Convention Implementation Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) in the case where the information or documents are disclosed in accordance with the Security of Canada Information Sharing Act.
2002, c. 22Excise Act, 2001
8. Section 211 of the Excise Act, 2001 is amended by adding the following after subsection (6.4):
Marginal note:Threats to security
(6.5) An official may provide to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act
(a) confidential information, if there are reasonable grounds to suspect that the information would be relevant to
(i) an investigation of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, or
(ii) an investigation of whether any of the following offences may have been committed:
(A) a terrorism offence as defined in section 2 of the Criminal Code, and
(B) an offence under section 462.31 of the Criminal Code, if that investigation is related to a terrorism offence as defined in section 2 of that Act; and
(b) information setting out the reasonable grounds referred to in paragraph (a), to the extent that any such grounds rely on information referred to in that paragraph.
Coordinating Amendment
Marginal note:2014, c. 39
9. On the first day on which both section 254 of the Economic Action Plan 2014 Act, No. 2 and section 2 of this Act are in force, Schedule 3 to the Security of Canada Information Sharing Act is amended by replacing the reference to “Chief Public Health Officer” in column 2 with a reference to “President of the Public Health Agency of Canada”.
Coming into Force
Marginal note:Order in council
10. (1) Sections 2, 3 and 5 to 8 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Section 4 comes into force on a day to be fixed by order of the Governor in Council.
PART 2SECURE AIR TRAVEL ACT
Enactment of Act
Marginal note:Enactment
11. The Secure Air Travel Act is enacted as follows:
An Act to enhance security relating to transportation and to prevent air travel for the purpose of engaging in acts of terrorism
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Secure Air Travel Act.
HER MAJESTY
Marginal note:Binding on Her Majesty
2. This Act is binding on Her Majesty in right of Canada or a province.
INTERPRETATION
Marginal note:Definitions
3. The following definitions apply in this Act.
“air carrier”
« transporteur aérien »
“air carrier” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“aviation reservation system”
« système de réservation de services aériens »
“aviation reservation system” has the same meaning as in subsection 3(1) of the Aeronautics Act.
“list”
« liste »
“list” means the list established under subsection 8(1).
“listed person”
« personne inscrite »
“listed person” means a person whose name is on the list.
“Minister”
« ministre »
“Minister” means the Minister of Public Safety and Emergency Preparedness.
“screening”
« contrôle »
“screening” has the same meaning as in section 4.7 of the Aeronautics Act.
“sterile area”
« zone stérile »
“sterile area” has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.
“transportation security”
« sûreté des transports »
“transportation security” has the same meaning as in subsection 4.81(0.1) of the Aeronautics Act.
APPLICATION
Marginal note:General rule
4. (1) Subject to any regulations made under this Act, this Act applies to all persons, both inside and outside Canada.
Marginal note:Conflict of laws
(2) Nothing in this Act is to be construed as requiring a person to contravene, or an aircraft to be operated in contravention of, a law of a foreign state that applies to or in respect of the person or aircraft.
Marginal note:Contraventions outside Canada
5. Every person who commits an act or omission outside Canada that if committed in Canada would be a contravention of a provision of this Act or its regulations is deemed to have committed the act or omission in Canada, and the person may be proceeded against and punished in the place in Canada where the person is found, as if the contravention had been committed in that place.
AIR CARRIERS
Marginal note:Duty — air carriers
6. (1) An air carrier that holds Canadian aviation documents, as defined in subsection 3(1) of the Aeronautics Act, must comply with the requirements of this Act and its regulations before allowing any person to board an aircraft or transporting any person.
Marginal note:Requirement to provide information
(2) An air carrier or operator of an aviation reservation system must, in accordance with this Act and its regulations, provide any information that is referred to in the schedule to the Aeronautics Act and that is in their control concerning the persons who are on board or expected to be on board an aircraft for any flight.
MINISTER
Marginal note:Delegation
7. The Minister may delegate his or her powers, duties and functions under this Act to any officer or employee, or any class of officers or employees, of the Department of Public Safety and Emergency Preparedness.
Marginal note:List
8. (1) The Minister may establish a list on which is placed the given name, the surname, any known alias, the date of birth and the gender of any person who the Minister has reasonable grounds to suspect will
(a) engage or attempt to engage in an act that would threaten transportation security; or
(b) travel by air for the purpose of committing an act or omission that
(i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition “terrorism offence” in section 2 of that Act, or
(ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).
Marginal note:Review of list
(2) The Minister must review the list every 90 days to determine whether the grounds for which each person’s name was added to the list under subsection (1) still exist and whether the person’s name should remain on the list. The review does not affect the validity of the list.
Marginal note:Amendment of list
(3) The Minister may at any time amend the list
(a) by deleting the name of a person and all information relating to them if the grounds for which their name was added to the list no longer exist; or
(b) by changing the information relating to a listed person.
DIRECTIONS
Marginal note:Directions
9. (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,
(a) the denial of transportation to a person; or
(b) the screening of a person before they enter a sterile area of an airport or board an aircraft.
Marginal note:Exemption from Statutory Instruments Act
(2) A direction made under subsection (1) is exempt from the application of the Statutory Instruments Act.
COLLECTION AND DISCLOSURE OF INFORMATION
Marginal note:Assistance to Minister
10. The following persons or entities may assist the Minister in the administration and enforcement of this Act, including by collecting information from, and disclosing information to, the Minister and each other:
(a) the Minister of Transport;
(b) the Minister of Citizenship and Immigration;
(c) a member of the Royal Canadian Mounted Police or a civilian employee of that police force;
(d) the Director or an employee of the Canadian Security Intelligence Service;
(e) an officer or employee of the Canada Border Services Agency; and
(f) any other person or entity prescribed by regulation.
Marginal note:Disclosure
11. Subject to section 12, the Minister may disclose information obtained in the exercise or performance of the Minister’s powers, duties or functions under this Act for the purposes of transportation security or the prevention of the travel referred to in paragraph 8(1)(b).
Marginal note:Foreign states
12. The Minister may enter into a written arrangement relating to the disclosure of information referred to in section 11 with the government of a foreign state, an institution of such a government or an international organization and may only disclose the list, in whole or in part, to the state, institution or organization in accordance with the arrangement.
Marginal note:Minister of Transport
13. The Minister of Transport may, for the purposes of assisting the Minister in the administration and enforcement of this Act,
(a) disclose the list to air carriers and to operators of aviation reservation systems;
(b) collect from air carriers and operators of aviation reservation systems any information referred to in the schedule to the Aeronautics Act that is in their control and that relates to a listed person;
(c) disclose to air carriers any direction made by the Minister under section 9; and
(d) disclose information collected from air carriers and operators of aviation reservation systems to the Minister and to any other person or entity referred to in section 10.
Marginal note:Canada Border Services Agency
14. The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including
(a) by disclosing to the Minister and to any other person or entity referred to in section 10 information in respect of a listed person that is collected from air carriers and operators of aviation reservation systems; and
(b) by disclosing to air carriers and to operators of aviation reservation systems that the name of a passenger is the same as that of a listed person.
ADMINISTRATIVE RECOURSE
Marginal note:Application to Minister
15. (1) A listed person who has been denied transportation as a result of a direction made under section 9 may, within 60 days after the day on which they are denied transportation, apply in writing to the Minister to have their name removed from the list.
Marginal note:Exceptional circumstances
(2) If the Minister is satisfied that there are exceptional circumstances that warrant it, the Minister may extend the time limit set out in subsection (1).
Marginal note:Representations
(3) The Minister must afford the applicant a reasonable opportunity to make representations.
Marginal note:Application to Minister
(4) On receipt of the application, the Minister must decide whether there are still reasonable grounds to maintain the applicant’s name on the list.
Marginal note:Notice of decision to applicant
(5) The Minister must give notice without delay to the applicant of any decision made in respect of the application.
Marginal note:Deemed decision
(6) If the Minister does not make a decision in respect of the application within 90 days after the day on which the application is received, or within any further period that is agreed on by the Minister and the applicant, the Minister is deemed to have decided not to remove the applicant’s name from the list.
APPEALS
Marginal note:Decisions under this Act
16. (1) This section applies in respect of any appeal of any direction made under section 9 and any decision made under section 8 or 15 by the Minister.
Marginal note:Application
(2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal to a judge only after a decision referred to in section 15 is rendered and within 60 days after the earlier of
(a) the day on which the notice of the decision referred to in subsection 15(5) is received, and
(b) the day on which the Minister is deemed to have made a decision under subsection 15(6).
Marginal note:Extension
(3) Despite subsection (2), a person may appeal within any further time that a judge may, before or after the end of those 60 days, fix or allow.
Marginal note:Determination
(4) If an appeal is made, the judge must, without delay, determine whether the decision is reasonable on the basis of the information available to the judge.
Marginal note:Removal from list
(5) If the judge finds that a decision made under section 15 is unreasonable, the judge may order that the appellant’s name be removed from the list.
Marginal note:Procedure
(6) The following provisions apply to appeals under this section:
(a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;
(b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;
(c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;
(d) the judge must provide the appellant and the Minister with an opportunity to be heard;
(e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;
(f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;
(g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and
(h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.
Definition of “judge”
(7) In this section, “judge” means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.
Marginal note:Protection of information on appeal
17. Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.
GENERAL
Marginal note:Information destruction
18. Despite any other Act of Parliament, the Minister of Transport must destroy any information received from an air carrier or an operator of an aviation reservation system within seven days after the day on which it is received, unless it is reasonably required for the purposes of this Act.
Marginal note:Rights preserved
19. For greater certainty, nothing in this Act limits or prohibits the collection, use or disclosure of any information if that collection, use or disclosure is otherwise lawful.
PROHIBITIONS
Marginal note:Prohibition — list
20. (1) It is prohibited to disclose the list, except as required for the purposes of sections 10 to 14.
Marginal note:Prohibition — general
(2) It is prohibited to disclose whether or not any individual is or was a listed person, except
(a) for the purposes of sections 10 to 16;
(b) as required to enforce any law of Canada or a province or to carry out a lawful activity;
(c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or
(d) in the case where an individual discloses that he or she is or was a listed person.
Marginal note:Prohibition — air carriers
(3) Despite subsection (2), it is prohibited for an air carrier or an operator of an aviation reservation system to disclose any information relating to a listed person, or whether or not any individual is or was a listed person, except
(a) for the purposes of sections 6, 13 and 30; or
(b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information.
Marginal note:Prohibition — persons and goods
21. (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of
(a) their person; or
(b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area.
Marginal note:Prohibition — air carriers
(2) If a direction made under section 9 requires a person to be screened, an air carrier must not transport that person unless they have been screened in accordance with the direction.
Marginal note:Obstruction
22. A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.
OFFENCES AND PUNISHMENT
Marginal note:Contravention
23. (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.
Marginal note:Contravention of section 22
(2) Every person who contravenes section 22 is guilty of
(a) an indictable offence; or
(b) an offence punishable on summary conviction.
Marginal note:Punishment — individuals
(3) An individual who is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.
Marginal note:Punishment — corporations
(4) A corporation that is convicted of an indictable offence under subsection (2) is liable to a fine of not more than $500,000.
Marginal note:Imprisonment precluded in certain cases
(5) If a person is convicted of an offence under this Act punishable on summary conviction, imprisonment must not be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
Marginal note:Recovery of fines
(6) If a person is convicted of an offence under this Act and the fine that is imposed is not paid when required, on production in the superior court of any province, the conviction must be registered in the court and when registered has the same force and effect, and all proceedings may be taken on it, as if the conviction were a judgment in that court obtained by Her Majesty in right of Canada against the convicted person for a debt of the amount of the fine.
Marginal note:Recovery of costs and charges
(7) All reasonable costs and charges attend- ant on the registration of the conviction are recoverable in the same manner as if they had been registered as part of the conviction.
Marginal note:Defence
24. A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.
PROSECUTION
Marginal note:Limitation period
25. No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.
Marginal note:Proof of documents
26. In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence
(a) of the original document of which it purports to be a copy;
(b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and
(c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
Marginal note:Document entries as proof
27. In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.
INSPECTION POWERS
Marginal note:Powers to enter, seize and detain
28. (1) The Minister of Transport may
(a) enter any place, including any aircraft, aerodrome or other aviation facility or any premises used by the Canadian Air Transport Security Authority, for the purposes of making inspections or audits relating to the verification of compliance with this Act, regardless of whether or not the inspection or audit relates to that place or to the person who possesses, occupies or controls it; and
(b) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, for copying.
Marginal note:Operation of computer systems and copying equipment
(2) In carrying out an inspection or audit in any place referred to in paragraph (1)(a), the Minister of Transport may
(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
(b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Marginal note:Search warrants
(3) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.
Marginal note:No offence
29. A person authorized by the Minister of Transport to verify compliance with the provisions of this Act or its regulations or with directions made under section 9 or to test the effectiveness of equipment, systems and processes used with respect to the list does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of this Act or its regulations.
Marginal note:Duty to assist Minister
30. The owner or person who is in possession or control of a place that is inspected or audited under subsection 28(1) and every person who is found in the place must
(a) give the Minister of Transport all reasonable assistance to enable him or her to carry out the inspection or audit and exercise any power conferred on him or her under that subsection; and
(b) provide the Minister of Transport with any information that is reasonably required for the purpose of exercising or performing his or her powers, duties or functions under this Act.
Marginal note:Compliance order
31. (1) If the Minister of Transport is of the opinion that an air carrier has failed to comply with any provision of this Act or its regulations or with any direction made under section 9, that Minister may order any person to do, or to refrain from doing, anything that, in that Minister’s opinion, is reasonable and necessary to do or refrain from doing in order to ensure compliance and may make orders respecting, in particular
(a) the movement of aircraft or persons at aerodromes or other aviation facilities; and
(b) the diversion of aircraft to alternate landing sites.
Marginal note:Exemption from Statutory Instruments Act
(2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.
REGULATIONS
Marginal note:Regulations
32. The Governor in Council may make regulations for the purpose of the administration and enforcement of this Act, including regulations
(a) respecting the verification of air passenger identity;
(b) respecting the use and protection of directions made under section 9 and the use and protection of information provided by the Minister, the Minister of Transport or the Canada Border Services Agency to air carriers and to operators of aviation reservation systems;
(c) prohibiting an air carrier from transporting a passenger in circumstances in which the passenger does not resemble their identification; and
(d) prescribing anything that may be prescribed under this Act.
TRANSITIONAL PROVISION
Marginal note:Section 16
33. Section 16 applies to any decision in respect of a listed person made before the day on which this Act comes into force
(a) by the Minister under paragraph 4.81(1)(b) of the Aeronautics Act following the transfer of the Minister of Transport’s powers, duties and functions to the Minister by Order in Council P.C. 2011-34 of February 1, 2011, registered as SI/2011-10; or
(b) by the Minister of Transport under section 4.76 of the Aeronautics Act.
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