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Anti-terrorism Act, 2015 (S.C. 2015, c. 20)

Full Document:  

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

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.

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