National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
PART 62015, c. 20, s. 11Secure Air Travel Act (continued)
Amendments to the Act (continued)
131 The Act is amended by adding the following after section 12:
Marginal note:Disclosure to parent
12.1 The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person.
132 Paragraph 13(b) of the Act is replaced by the following:
(b) collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4);
133 Section 14 of the Act is replaced by the following:
Marginal note:Canada Border Services Agency
14 The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person.
134 Subsection 15(6) of the Act is replaced by the following:
Marginal note:Deemed decision
(6) If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list.
135 Subsection 16(2) of the Act is replaced by the following:
Marginal note:Application
(2) A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.
136 Sections 18 and 19 of the Act are replaced by the following:
Marginal note:Information destruction — Minister
18 (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act:
(a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3);
(b) any information that is provided to the Minister under subsection 6(4); and
(c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).
Marginal note:Information destruction — Minister of Transport, etc.
(2) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act.
Marginal note:Information destruction — section 10 persons and entities
(3) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act:
(a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and
(b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4).
Marginal note:Rights preserved
19 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful.
137 (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Prohibition — list
20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13.
(2) The portion of subsection 20(2) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Interdiction — général
(2) Il est interdit de communiquer le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :
(3) Paragraph 20(2)(a) of the Act is replaced by the following:
(a) for the purposes of sections 10 and 10.3 to 16;
(4) Subsection 20(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
(5) The portion of subsection 20(3) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Interdiction — transporteur aérien
(3) Malgré le paragraphe (2), il est interdit à tout transporteur aérien et à tout exploitant de systèmes de réservation de services aériens de communiquer tout renseignement relatif à une personne inscrite ou le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :
(6) Paragraph 20(3)(a) of the Act is replaced by the following:
(a) for the purposes of sections 6 and 30;
(7) Subsection 20(3) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:
(c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
138 Paragraph 32(b) of the Act is replaced by the following:
(b) respecting the use and protection of directions made under section 9 and the use and protection of information that is provided by the Minister or the Minister of Transport to air carriers and to operators of aviation reservation systems;
Transitional Provision
Marginal note:Continued application
139 Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.
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:
(f) with respect to proceedings under section 83.13, 83.14, 83.222, 83.223 or 83.3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and
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:
Marginal note:Mistaken identity
83.07 (1) An entity whose name is the same as or similar to a name, appearing on the list, of a listed entity and who claims not to be that listed entity may apply in writing to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not that listed entity.
Marginal note:Issuance of certificate
(2) The Minister shall, within 30 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not that listed entity.
143 Section 83.221 of the Act is replaced by the following:
Marginal note:Counselling commission of terrorism offence
83.221 (1) Every person who counsels another person to commit a terrorism offence without identifying a specific terrorism offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.
Marginal note:Application
(2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled.
144 The definition terrorist propaganda in subsection 83.222(8) of the Act is replaced by the following:
- terrorist propaganda
terrorist propaganda means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence. (propagande terroriste)
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”.
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