National Security Act, 2017 (S.C. 2019, c. 13)

PART 7R.S., c. C-46Criminal Code

Amendments to the Act

140 Paragraph (f) of the definition Attorney General in section 2 of the Criminal Code is replaced by the following:

• 141 (1) Paragraph 83.05(1)(b) of the Act is replaced by the following:

  • (b) the entity has knowingly acted on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

• (2) Subsections 83.05(2) and (3) of the Act are replaced by the following:

  • Marginal note:Amendment to name of listed entity

    (1.2) The Minister may, by regulation,

    • (a) change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and

    • (b) delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.

  • Marginal note:Application to Minister

    (2) On application in writing by a listed entity to be removed from the list, the Minister shall decide whether the applicant should remain a listed entity or whether the Minister should recommend to the Governor in Council that the applicant be removed from the list, taking into account the grounds set out in subsection (1).

  • Marginal note:Deeming

    (3) If the Minister does not make a decision on the application referred to in subsection (2) within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the applicant, the Minister is deemed to have decided that the applicant should remain a listed entity.

• (3) 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 the making of the decision on whether the applicant should remain a listed entity 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;

• (4) Subsections 83.05(8) to (10) of the Act are replaced by the following:

  • Marginal note:New application

    (8) A listed entity may not make another application under subsection (2) except if, since the time when the entity made its last application,

    • (a) there has been a material change in its circumstances; or

    • (b) the Minister has completed a review under subsection (8.1) with respect to that entity.

  • Marginal note:Review — listed entity

    (8.1) The Minister shall review 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

    • (a) within five years after

      • (i) the day on which this subsection comes into force, if the entity is a listed entity on that day, or

      • (ii) the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and

    • (b) subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.

  • Marginal note:Validity

    (9) Reviews undertaken under subsection (8.1) do not affect the validity of the list.

  • Marginal note:Publication

    (10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) to be published in the Canada Gazette within five years after the review is completed.

142 Section 83.07 of the Act is replaced by the following:

143 Section 83.221 of the Act is replaced by the following:

144 The definition terrorist propaganda in subsection 83.222(8) of the Act is replaced by the following:

145 The heading before section 83.28 and sections 83.28 and 83.29 of the Act are repealed.

• 146 (1) Paragraph 83.3(2)(b) of the Act is replaced by the following:

  • (b) suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

• (2) The portion of subsection 83.3(4) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Arrestation sans mandat

    (4) Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire pour empêcher qu’une activité terroriste ne soit entreprise, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants :

• (3) Paragraph 83.3(4)(b) of the English version of the Act is replaced by the following:

  • (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.

147 Subsections 83.31(1) and (1.1) of the Act are repealed.

• 148 (1) Subsections 83.32(1) to (2) of the Act are replaced by the following:

  Marginal note:Sunset provision

  • 83.32 (1) Section 83.3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

  • Marginal note:Review

    (1.1) A comprehensive review of section 83.3 and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (1.2) The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.3.

  • Marginal note:Order in council

    (2) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

• (2) Subsections 83.32(4) and (5) of the Act are replaced by the following:

  • Marginal note:Subsequent extensions

    (4) The operation of section 83.3 may be further extended in accordance with this section, but

    • (a) the reference to “at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and

    • (b) the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.2) is to be read as a reference to “the expiry of the most recent extension under this section”.

149 Subsection 83.33(1) of the Act is repealed.

150 Subparagraph (a)(xii.81) of the definition offence in section 183 of the Act is replaced by the following:

151 Subsection 486.6(1) of the Act is replaced by the following:

152 Subparagraph (a.1)(i.091) of the definition primary designated offence in section 487.04 of the Act is replaced by the following:

153 Section 810.011 of the Act is amended by adding the following after subsection (14):

154 The Act is amended by adding the following after section 810.4:

Transitional Provisions

Marginal note:Continued application

155 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act.

Marginal note:Proceedings continued

156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day.

Marginal note:No report for year before coming into force

157 No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection.