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

Full Document:  

Assented to 2019-06-21

PART 82002, c. 1Youth Criminal Justice Act

 Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:

  • Marginal note:Orders

    (2) A youth justice court has exclusive 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 and the provisions of this Act apply, with any modifications that the circumstances require. 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.

 Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Orders under section 810 of Criminal Code

    (2) Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.

  •  (1) Paragraph 25(3)(a) of the Act is replaced by the following:

    • (a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody,

    • (a.1) at a hearing held in relation to an order referred to in subsection 14(2) or 20(2),

  • (2) The portion of subsection 25(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Release hearing before justice

      (6) When a young person, at a hearing referred to in paragraph (3)(a) or (a.1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall

 The heading before section 28 of the Act is replaced by the following:

Detention and Release

 Subsection 29(1) of the Act is replaced by the following:

Marginal note:Detention as social measure prohibited

  • 29 (1) A youth justice court judge or a justice shall not detain a young person in custody as a substitute for appropriate child protection, mental health or other social measures.

 Subsection 30(1) of the Act is replaced by the following:

Marginal note:Designated place of temporary detention

  • 30 (1) Subject to subsection (7), a young person who is detained in custody in relation to any proceedings against the young person shall be detained in a safe, fair and humane manner in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.

 The heading before section 33 of the Act is replaced by the following:

Application for Release from or Detention in Custody

  •  (1) Paragraph 67(1)(c) of the Act is replaced by the following:

    • (c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

  • (2) Paragraph 67(3)(c) of the Act is replaced by the following:

    • (c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

  •  (1) Subsection 119(1) of the Act is amended by adding the following after paragraph (p):

  • (2) Subsection 119(2) of the Act is amended by adding the following after paragraph (d):

    • (d.1) if an order referred to in subsection 14(2) or 20(2) is made against a young person, the period ending six months after the expiry of the order;

PART 9Review

Marginal note:Duty to undertake review

  •  (1) During the fourth year after this section comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose.

  • Marginal note:Subjects of review

    (1.1) The comprehensive review referred to in subsection (1) must include an assessment of the effect of this Act on the operations of the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Communications Security Establishment that relate to national security, information sharing, and the interaction of those organizations with the National Security and Intelligence Review Agency, the Intelligence Commissioner and the National Security and Intelligence Committee of Parliamentarians.

  • Marginal note:Report

    (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.

  • Marginal note:Bill C-22

    (3) Subsections (4) and (5) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (in this section referred to as the “other Act”), receives royal assent.

  • Marginal note:Reviews by same committees

    (4) If section 34 of the other Act comes into force during the period that begins on the day on which this section comes into force and ends immediately before the first anniversary of that day, then

    • (a) the review required by subsection (1) is, despite that subsection (1), to be undertaken five years after the day on which section 34 of the other Act comes into force, and

    • (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.

  • Marginal note:Reviews by same committees

    (5) If section 34 of the other Act has come into force during the year immediately preceding the day on which this section comes into force, then

    • (a) the review required by section 34 of the other Act is, despite that section, to be undertaken during the sixth year after the day on which subsection (1) comes into force; and

    • (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.

PART 10Coming into Force

Marginal note:Order in council

 Parts 1 and 2, other than sections 48, 49, 74 and 75, come into force on a day to be fixed by order of the Governor in Council.

Marginal note:Order in council

 Part 1.1, other than section 49.2, comes into force on a day to be fixed by order of the Governor in Council.

Marginal note:Order in council

 Part 3, other than sections 83, 90 and 91, come into force on a day to be fixed by order of the Governor in Council, but that day must be later than the day fixed under section 169.

Marginal note:Order in council

  •  (1) Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Section 101 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day fixed under section 169.

 

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