Prevention of Terrorist Travel Act (S.C. 2015, c. 36, s. 42)

Act current to 2019-06-20

Prevention of Terrorist Travel Act

S.C. 2015, c. 36, s. 42

Assented to 2015-06-23

An Act respecting the protection of information in relation to certain decisions made under the Canadian Passport Order

[Enacted by section 42 of chapter 36 of the Statutes of Canada, 2015, in force on assent June 23, 2015.]

Short Title

Marginal note:Short title

 This Act may be cited as the Prevention of Terrorist Travel Act.

Interpretation

Definition of judge

 In this Act, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice.

Designation of Minister

Marginal note:Minister

 The Governor in Council may, by order, designate a minister of the Crown to be the Minister referred to in this Act.

Appeals

Marginal note:Cancellations under Canadian Passport Order — terrorism or national security

  •  (1) If a passport has been cancelled as a result of a decision of the Minister under the Canadian Passport Order that the passport is to be cancelled on the grounds that the cancellation is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state, the person to whom the passport was issued may appeal that decision to a judge within 30 days after the day on which the person receives notice of the Minister’s decision in respect of an application that was made under that Order to have the cancellation reconsidered.

  • Marginal note:Extension

    (2) Despite subsection (1), the person may appeal the Minister’s decision that the passport is to be cancelled within any further time that a judge may, before or after the end of those 30 days, fix or allow.

  • Marginal note:Determination and disposition

    (3) If an appeal is made, the judge must, without delay, determine whether cancelling the passport is reasonable on the basis of the information available to him or her and may, if he or she finds that cancelling it is unreasonable, quash the Minister’s decision that the passport is to be cancelled.

  • Marginal note:Procedure

    (4) The following rules apply to appeals under this section:

    • (a) at any time during the proceeding, the judge must, on the Minister’s request, hear evidence or other information in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, the disclosure of the evidence or other information could be injurious to national security or endanger the safety of any person;

    • (b) the judge must ensure the confidentiality of the evidence and other information 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 evidence and other information that enables the appellant 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 his or her decision on that evidence;

    • (f) the judge may base his or her decision on evidence or other information even if a summary of that evidence or other information has not been provided to the appellant during the proceeding;

    • (g) if the judge determines that evidence or other information provided by the Minister is not relevant or if the Minister withdraws the evidence or other information, the judge must not base his or her decision on that evidence or other information and must return it to the Minister; and

    • (h) the judge must ensure the confidentiality of all evidence and other information that the Minister withdraws.

Marginal note:Protection of information on an appeal

 Subsections 4(3) and (4) apply to any appeal of a decision made under section 4 and to any further appeal, with any necessary modifications.

Judicial Review

Marginal note:Refusals or revocations under Canadian Passport Order — terrorism or national security

  •  (1) The rules set out in subsection (2) apply to judicial review proceedings in respect of the following decisions:

    • (a) a decision of the Minister under the Canadian Passport Order that a passport is not to be issued or is to be revoked on the grounds that the refusal to issue or the revocation is necessary to prevent the commission of a terrorism offence, as defined in section 2 of the Criminal Code, or for the national security of Canada or a foreign country or state; and

    • (b) a decision of the Minister under that Order that passport services are not to be delivered to a person on a ground referred to in paragraph (a) if

      • (i) the Minister’s decision is made after he or she decides, on the same ground, that a passport is not to be issued to the person or is to be revoked, or

      • (ii) the Minister’s decision is made after the passport issued to the person has expired, but, based on facts that occurred before the expiry date, he or she could have decided that the passport is to be revoked on the same ground had it not expired.

  • Marginal note:Rules

    (2) The following rules apply for the purposes of this section:

    • (a) at any time during the proceeding, the judge must, on the Minister’s request, hear submissions on evidence or other information in the absence of the public and of the applicant and their counsel if, in the judge’s opinion, the disclosure of the evidence or other information could be injurious to national security or endanger the safety of any person;

    • (b) the judge must ensure the confidentiality of the evidence and other information 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) the judge must ensure that the applicant is provided with a summary of the evidence and other information available to the judge that enables the applicant to be reasonably informed of the reasons for the Minister’s decision 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 applicant and the Minister with an opportunity to be heard;

    • (e) the judge may base his or her decision on evidence or other information available to him or her even if a summary of that evidence or other information has not been provided to the applicant;

    • (f) if the judge determines that evidence or other information provided by the Minister is not relevant or if the Minister withdraws the evidence or other information, the judge must not base his or her decision on that evidence or other information and must return it to the Minister; and

    • (g) the judge must ensure the confidentiality of all evidence and other information that the Minister withdraws.

Marginal note:Protection of information on an appeal

 Subsection 6(2) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in section 6 and to any further appeal, with any necessary modifications.

 
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