Anti-terrorism Act, 2015 (S.C. 2015, c. 20)
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Assented to 2015-06-18
PART 3R.S., c. C-46CRIMINAL CODE
Coordinating Amendments
Marginal note:Bill S-7
36. (1) Subsections (2) to (9) apply if Bill S-7, introduced in the 2nd session of the 41st Parliament and entitled the Zero Tolerance for Barbaric Cultural Practices Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 25(1) of this Act comes into force before section 11 of the other Act, then the portion of that section 11 before the section 810.02 that it enacts is replaced by the following:
11. The Act is amended by adding the following after section 810.011:
(3) If subsection 25(1) of this Act comes into force on the same day as section 11 of the other Act, then that section 11 is deemed to have come into force before that subsection 25(1).
(4) If subsection 27(1) of this Act comes into force before section 12 of the other Act, then that section 12 is repealed.
(5) If subsection 27(1) of this Act comes into force on the same day as section 12 of the other Act, then that section 12 is deemed to have come into force before that subsection 27(1).
(6) If section 29 of this Act comes into force before section 13 of the other Act, then that section 13 is repealed.
(7) If section 29 of this Act comes into force on the same day as section 13 of the other Act, then that section 13 is deemed to have come into force before that section 29.
(8) On the first day on which both section 32 of this Act and section 14 of the other Act are in force, subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:
Marginal note:Orders
(2) A youth justice court has jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
(9) On the first day on which both section 33 of this Act and section 15 of the other Act are in force, paragraph 142(1)(a) of the Youth Criminal Justice Act is replaced by the following:
(a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;
Marginal note:Bill C-26
37. (1) Subsections (2) to (4) apply if Bill C-26, introduced in the 2nd session of the 41st Parliament and entitled the Tougher Penalties for Child Predators Act (in this section referred to as the “other Act”), receives royal assent.
(2) If subsection 27(2) of this Act comes into force before section 19 of the other Act, then that section 19 is repealed.
(3) If section 19 of the other Act comes into force before subsection 27(2) of this Act, then that subsection 27(2) is repealed.
(4) If subsection 27(2) of this Act comes into force on the same day as section 19 of the other Act, then that subsection 27(2) is deemed to have come into force before that section 19 and subsection (2) applies as a consequence.
Marginal note:Bill C-32
38. (1) Subsections (2) and (3) apply if Bill C-32, introduced in the 2nd session of the 41st Parliament and entitled the Victims Bill of Rights Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both this Act has received royal assent and section 15 of the other Act is in force, subsection 486.2(3) of the Criminal Code is amended by adding the following after paragraph (f):
(f.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
(3) On the first day on which both this Act has received royal assent and section 17 of the other Act is in force, subsection 486.31(3) of the Criminal Code is amended by adding the following after paragraph (e):
(e.1) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence;
Coming into Force
Marginal note:Thirty days after royal assent
39. (1) Subsection 15(2), sections 17, 18 and 24, subsection 25(1) and sections 26 to 29, 32 and 33 come into force 30 days after the day on which this Act receives royal assent.
Marginal note:Subsection 25(2)
(2) Subsection 25(2) comes into force on the later of 30 days after the day on which this Act receives royal assent and the day on which subsection 8(3) of the Response to the Supreme Court of Canada Decision in R. v. Shoker Act comes into force.
PART 4R.S., c. C-23CANADIAN SECURITY INTELLIGENCE SERVICE ACT
40. Section 6 of the Canadian Security Intelligence Service Act is amended by adding the following after subsection (4):
Marginal note:Measures to reduce threats to the security of Canada
(5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:
(a) for each of the paragraphs of the definition “threats to the security of Canada” in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;
(b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and
(c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.
41. Subsection 7(2) of the Act is replaced by the following:
Marginal note:Consultation with Deputy Minister — warrant
(2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant.
42. The Act is amended by adding the following after section 12:
Marginal note:Measures to reduce threats to the security of Canada
12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.
Marginal note:Limits
(2) The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat.
Marginal note:Warrant
(3) The Service shall not take measures to reduce a threat to the security of Canada if those measures will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms or will be contrary to other Canadian law, unless the Service is authorized to take them by a warrant issued under section 21.1.
Marginal note:Clarification
(4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.
Marginal note:Prohibited conduct
12.2 (1) In taking measures to reduce a threat to the security of Canada, the Service shall not
(a) cause, intentionally or by criminal negligence, death or bodily harm to an individual;
(b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice; or
(c) violate the sexual integrity of an individ- ual.
Definition of “bodily harm”
(2) In subsection (1), “bodily harm” has the same meaning as in section 2 of the Criminal Code.
43. Paragraph 21(2)(h) of the Act is replaced by the following:
(h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.
44. The Act is amended by adding the following after section 21:
Marginal note:Application for warrant — measures to reduce threats to the security of Canada
21.1 (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures, within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.
Marginal note:Matters to be specified in application
(2) An application to a judge under subsection (1) shall be made in writing and be accompanied by the applicant’s affidavit deposing to the following matters:
(a) the facts relied on to justify the belief on reasonable grounds that a warrant under this section is required to enable the Service to take measures to reduce a threat to the security of Canada;
(b) the measures proposed to be taken;
(c) the reasonableness and proportionality, in the circumstances, of the proposed measures, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat;
(d) the identity of the persons, if known, who are directly affected by the proposed meas- ures;
(e) the persons or classes of persons to whom the warrant is proposed to be directed;
(f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given;
(g) the period, not exceeding 60 days or 120 days, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (6); and
(h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.
Marginal note:Issuance of warrant
(3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (c) that are set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to take the measures specified in it and, for that purpose,
(a) to enter any place or open or obtain access to any thing;
(b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing;
(c) to install, maintain or remove any thing; or
(d) to do any other thing that is reasonably necessary to take those measures.
Marginal note:Measures taken outside Canada
(4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize the measures specified in it to be taken outside Canada.
Marginal note:Matters to be specified in warrant
(5) There shall be specified in a warrant issued under subsection (3)
(a) the measures authorized to be taken;
(b) the identity of the persons, if known, who are directly affected by the measures;
(c) the persons or classes of persons to whom the warrant is directed;
(d) a general description of the place where the warrant may be executed, if a general description of that place can be given;
(e) the period for which the warrant is in force; and
(f) any terms and conditions that the judge considers advisable in the public interest.
Marginal note:Maximum duration of warrant
(6) A warrant shall not be issued under subsection (3) for a period exceeding
(a) 60 days if the warrant is issued to enable the Service to take measures to reduce a threat to the security of Canada within the meaning of paragraph (d) of the definition “threats to the security of Canada” in section 2; or
(b) 120 days in any other case.
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