Canada Evidence Act

Marginal note:Application for review of certificate

• 38.131 (1) A party to the proceeding referred to in section 38.13 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (8) or (9), as the case may be.

• Marginal note:Notice to Attorney General of Canada

  (2) The applicant shall give notice of the application to the Attorney General of Canada.

• Marginal note:Military proceedings

  (3) In the case of proceedings under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.

• Marginal note:Single judge

  (4) Despite section 16 of the Federal Courts Act, for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court.

• Marginal note:Admissible information

  (5) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (8) to (10) on that evidence.

• Marginal note:Special rules and protective order

  (6) Sections 38.11 and 38.12 apply, with any necessary modifications, to an application made under subsection (1).

• Marginal note:Expedited consideration

  (7) The judge shall consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1).

• Marginal note:Varying the certificate

  (8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Foreign Interference and Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly.

• Marginal note:Cancelling the certificate

  (9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Foreign Interference and Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate.

• Marginal note:Confirming the certificate

  (10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Foreign Interference and Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate.

• Marginal note:Determination is final

  (11) Notwithstanding any other Act of Parliament, a determination of a judge under any of subsections (8) to (10) is final and is not subject to review or appeal by any court.

• Marginal note:Publication

  (12) If a certificate is varied or cancelled under this section, the Attorney General of Canada shall, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette

  • (a) the certificate as varied under subsection (8); or

  • (b) a notice of the cancellation of the certificate under subsection (9).