task6_model_deployment/assets/C-41_4.txt

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 14
An Act to amend the Criminal Code and to
make consequential amendments to other
Acts
ASSENTED TO
JUNE 20, 2023
BILL C-41

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SUMMARY
This enactment amends the Criminal Code in order to create a
regime under which the Minister of Public Safety and Emergen-
cy Preparedness may authorize an eligible person to carry out, in
a geographic area that is controlled by a terrorist group and for
certain purposes, activities that otherwise would be prohibited
under paragraph 83.03(b) of that Act (which becomes subsection
83.03(2)). It also makes consequential amendments to other
Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 14
An Act to amend the Criminal Code and to make con-
sequential amendments to other Acts
[Assented to 20th June, 2023]
His Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada,
enacts as follows:
R.S., c. C-46
Criminal Code
2001, c. 41, s. 4; 2019, c. 25, s. 16(E)
1 Section 83.03 of the Criminal Code is replaced
by the following:
Providing, making available, etc., property or services
for terrorist purposes
83.03 (1) Every person is guilty of an indictable offence
and liable to imprisonment for a term of not more than
10 years who, directly or indirectly, wilfully and without
lawful justification or excuse, collects property or pro-
vides, invites a person to provide or makes available
property or financial or other related services, intending
that they be used, or knowing that they will be used, in
whole or in part, for the purpose of facilitating or carry-
ing out any terrorist activity, or for the purpose of bene-
fiting any person who is facilitating or carrying out such
an activity.
Providing, making available, etc., property or services
— use by terrorist group
(2) Every person is guilty of an indictable offence and li-
able to imprisonment for a term of not more than 10
years who, directly or indirectly, wilfully and without
lawful justification or excuse, collects property or pro-
vides, invites a person to provide or makes available
property or financial or other related services, knowing
that, in whole or part, they will be used by or will benefit
a terrorist group.
Exception — authorization
(3) Subsection (2) does not apply to a person who carries
out any of the acts referred to in that subsection under
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and in accordance with an authorization granted under
section 83.032.
Exception — humanitarian assistance activities
(4) Subsections (1) and (2) do not apply to a person who
carries out any of the acts referred to in those subsections
for the sole purpose of carrying out humanitarian assis-
tance activities conducted under the auspices of impartial
humanitarian organizations in accordance with interna-
tional law while using reasonable efforts to minimize any
benefit to terrorist groups.
Definition of Public Safety Minister
83.031 (1) In sections 83.032 to 83.0392, Public Safety
Minister means the Minister of Public Safety and Emer-
gency Preparedness.
Designation
(2) Any Minister referred to in any of sections 83.032 to
83.0392 may designate a person to exercise a power, or
perform a duty or function, conferred on that Minister
under those sections.
Authorization
83.032 (1) On application, the Public Safety Minister
may authorize an eligible person to carry out, in a speci-
fied geographic area that is controlled by a terrorist
group, a specified activity that would otherwise be pro-
hibited under subsection 83.03(2) — or a specified class of
such activities — for any specified purpose from among
the following:
(a) providing or supporting the provision of health
services;
(b) providing or supporting the provision of education
services;
(c) providing or supporting the provision of programs
to assist individuals in earning a livelihood;
(d) providing or supporting the provision of programs
to promote or protect human rights;
(e) providing or supporting the provision of services
related to immigration, including services related to
the resettlement of individuals and the safe passage of
individuals from one geographic area to another; and
(f) supporting any operations of a federal minister or
a department or agency of the Government of Canada
that are conducted for a purpose other than one set
out in any of paragraphs (a) to (e).
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Control
(2) For the purposes of this section, a terrorist group
controls a geographic area if the group exerts sufficient
influence over the area such that the carrying out, in the
area, of an activity involving property or financial or oth-
er related services could reasonably be expected to result
in the terrorist group using or benefiting from the prop-
erty or services, in whole or in part.
Minister’s obligation — information
(2.1) The Public Safety Minister must, at the request of
an eligible person or an organization, provide to that per-
son or organization information in writing about whether
an authorization is required to carry out an activity or a
class of activities in a given geographic area.
Limitation
(3) The Public Safety Minister must not, under subsec-
tion (1), authorize the making by a federal minister or a
department or agency of the Government of Canada of a
grant or contribution that is for the purpose of support-
ing any operations referred to in paragraph (1)(f).
Eligible persons
(4) A person is eligible to be granted an authorization if
they are in Canada or are a Canadian outside Canada.
Referral
(5) The Public Safety Minister may consider an applica-
tion only if it has been referred to them by
(a) the Minister of Citizenship and Immigration, if the
application is in respect of only the purpose set out in
paragraph (1)(e);
(b) the Minister of Foreign Affairs, if the application is
not in respect of the purpose set out in paragraph
(1)(e); or
(c) both of those Ministers, if the application is in re-
spect of two or more purposes set out in subsection
(1), at least one of which is the purpose set out in
paragraph (1)(e).
Conditions of referral
(6) The Minister of Foreign Affairs, the Minister of Citi-
zenship and Immigration or both of those Ministers, as
the case may be, may refer an application if they are sat-
isfied that
(a) the application meets any requirements set out in
the regulations;
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(b) the geographic area identified in the application is
controlled by a terrorist group;
(c) the activity proposed in the application is to be
carried out for any of the purposes set out in para-
graphs (1)(a) to (f);
(d) that activity responds to a real and important need
in that geographic area; and
(e) the applicant is capable of administering funds,
and reporting on that administration, in a manner
that is transparent and accountable, in circumstances
in which a terrorist group may use or benefit from
property or financial or other related services.
Deemed withdrawal
(7) An application may be deemed to be withdrawn by
the Minister or Ministers who may refer it if the appli-
cant has, within 60 days after the day on which the re-
quest is made, failed to comply with a request to provide
information that ought to have been included in the ap-
plication.
Assessment
(8) The Minister who refers an application must, as part
of the referral, set out their assessment of how the appli-
cation meets the conditions set out in paragraphs (6)(a)
to (e).
Conditions for grant
(9) The Public Safety Minister may grant the authoriza-
tion under subsection (1) if they are satisfied that
(a) there is no practical way to carry out the activity
proposed in the application without creating a risk
that, in whole or in part, a terrorist group will use or
benefit from the property or financial or related ser-
vices at issue; and
(b) the benefits of carrying out of that activity out-
weigh that risk, taking into account
(i) the referral of the Minister of Foreign Affairs,
the Minister of Citizenship and Immigration or
both of those Ministers, as the case may be,
(ii) the security review conducted by the Public
Safety Minister under subsection (10),
(iii) any mitigation measures to minimize that risk,
and any other terms and conditions, that may be in-
cluded in the authorization, and
(iv) any other factor that the Public Safety Minister
considers appropriate in the circumstances.
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Security review
(10) In conducting a security review, the Public Safety
Minister must assess the impact of granting the autho-
rization on the financing of terrorism, and in doing so
may consider, among other factors,
(a) whether the applicant or any person who is to be
involved in carrying out the activity proposed in the
application has any links to a terrorist group;
(b) the likelihood that the applicant or any person
who is to be involved in carrying out that activity will
be acting for the benefit of, at the direction of or in as-
sociation with a terrorist group in carrying out the ac-
tivity; and
(c) whether the applicant or any person who is to be
involved in carrying out that activity is being or has
been investigated for having committed a terrorism
offence or has ever been charged with a terrorism of-
fence.
Additional information
(11) The Public Safety Minister may request that the ap-
plicant provide any additional information in respect of
the application in the form and manner, and within the
period, that are specified by that Minister. If the appli-
cant fails, without reasonable excuse, to provide the in-
formation within the specified period, that Minister may
deem the application to be withdrawn.
Terms and conditions
(12) The Public Safety Minister may make the authoriza-
tion subject to any terms and conditions that, in their
opinion, are required.
Third party involvement
(13) An authorization applies not only to the person to
whom it is granted but also to any other person involved,
directly or indirectly, in carrying out a specified activity
in accordance with the authorization.
Period of validity
(14) An authorization is valid for the period of not more
than five years that is specified in the authorization.
Decisions of the United Nations Security Council
(15) In the case of an activity proposed in an application
in the course of which property or financial or other re-
lated services will be used by or will benefit a listed entity
that is subject to a sanctions regime established by the
Security Council of the United Nations, the Public Safety
Minister may authorize the carrying out of that activity
only if the Minister of Foreign Affairs confirms that
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(a) the Security Council did not intend that the activi-
ty be prohibited;
(b) the Security Council or a Committee established
by the Security Council has approved the activity in
advance; or
(c) in the opinion of the Minister of Foreign Affairs,
there is no obstacle in international law to granting
the authorization.
Statutory Instruments Act
(16) The Statutory Instruments Act does not apply to an
authorization.
Notice of refusal
83.033 (1) The Public Safety Minister, the Minister of
Foreign Affairs or the Minister of Citizenship and Immi-
gration, as the case may be, must give notice of a decision
to refuse an application made under section 83.032 to the
applicant within a reasonable time.
Waiting period — new application
(2) An applicant whose application is refused is not per-
mitted to make a new application in respect of the same
activity until the end of the 30th day after the day on
which the notice is given, unless the Minister who gave
the notice is satisfied that there has been a material
change of circumstances.
Consideration of new application without referral
(3) If the Public Safety Minister gave the notice and is
satisfied as described in subsection (2), that Minister may
consider the new application without it having been re-
ferred under subsection 83.032(5). In that case, that Min-
ister may take into account the referral of the previous
application 
for 
the 
purposes 
of 
subparagraph
83.032(9)(b)(i).
Additional security reviews
83.034 At any time during the period of validity of an
authorization granted under section 83.032 or renewed
under section 83.035, the Public Safety Minister may con-
duct additional security reviews under subsection
83.032(10) in respect of any person to whom the autho-
rization applies. For the purpose of those reviews, that
Minister may request that the person to whom the autho-
rization is granted provide any additional information in
the form and manner, and within the period, that are
specified by that Minister, but the request must relate
only to the authorization or its renewal.
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Renewal of authorization
83.035 (1) The Public Safety Minister may renew an au-
thorization granted under section 83.032 for successive
periods of not more than five years each on application,
for each renewal, made within any period set out in the
regulations and before the authorization expires.
Exception
(2) Despite subsection (1), if an application for renewal
is made after the authorization expires, the Public Safety
Minister may renew the authorization if, in that Minis-
ter’s opinion, there are exceptional circumstances that
justify why the application for renewal was not made be-
fore it expired.
Amendment to authorization
83.036 (1) The Public Safety Minister may amend an
authorization granted under section 83.032 or renewed
under section 83.035, including any terms and conditions
included in it.
Exception
(2) Despite subsection (1), the Public Safety Minister is
not permitted to amend an authorization if the amend-
ment would be so significant as to change the essential
nature of the authorization, including if the amendment
would replace a purpose set out in subsection 83.032(1)
and specified in the authorization or add another such
purpose.
Supporting information
(3) The person to whom the authorization is granted
must provide to the Public Safety Minister any informa-
tion specified by that Minister in support of the amend-
ment.
Authorization — suspension and revocation
83.037 The Public Safety Minister may, at any time af-
ter granting an authorization under section 83.032, sus-
pend or revoke it or restrict its scope if
(a) a person to whom the authorization applies fails to
comply with the authorization, including any terms
and conditions included in it;
(b) the person to whom the authorization is granted
fails, without reasonable excuse, to comply with any
reporting requirements or to provide any information
requested under section 83.034; or
(c) the Public Safety Minister is no longer satisfied
that the condition set out in paragraph 83.032(9)(b) is
met.
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Assistance to Public Safety Minister
83.038 (1) The following entities may assist the Public
Safety Minister in the administration and enforcement of
sections 83.031 to 83.0392, including by collecting infor-
mation from and disclosing information to that Minister
and each other:
(a) the Canadian Security Intelligence Service;
(b) the Royal Canadian Mounted Police;
(c) the Communications Security Establishment;
(d) the Department of National Defence;
(e) the Canadian Armed Forces;
(f) the Department of Foreign Affairs, Trade and De-
velopment;
(g) the Canada Revenue Agency;
(h) the Canada Border Services Agency;
(i) the Department of Citizenship and Immigration;
and
(j) any other entity prescribed by regulation.
Use of information
(2) Any information collected or disclosed under subsec-
tion (1) must only be used for the administration and en-
forcement of sections 83.031 to 83.0392.
Compliance with subsection (2)
(3) The Public Safety Minister must take reasonable
steps to ensure that any entity assisting that Minister un-
der subsection (1) complies with subsection (2).
Judicial review
83.039 (1) The rules set out in subsection (2) apply to
judicial review proceedings in respect of decisions made
by the Public Safety Minister, the Minister of Foreign Af-
fairs or the Minister of Citizenship and Immigration un-
der sections 83.032 to 83.038.
Rules
(2) The following rules apply for the purposes of subsec-
tion (1):
(a) at any time during the proceeding, the judge must,
on the request of the relevant Minister, hear submis-
sions 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
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international relations, national defence or national
security or could endanger the safety of any person;
(a.1) the judge may allow an amicus curiae who is ap-
pointed in respect of the proceeding to participate in a
hearing under paragraph (a) and to review the evi-
dence or other information that is the subject of the
hearing;
(b) the judge must ensure the confidentiality of the
evidence and other information provided by the rele-
vant Minister if, in the judge’s opinion, its disclosure
would be injurious to international relations, national
defence or national security or would endanger the
safety of any person;
(c) the judge must ensure that the applicant is provid-
ed with a summary of the evidence and other informa-
tion available to the judge that enables the applicant to
be reasonably informed of the reasons for the relevant
Minister’s decision but that does not include anything
that, in the judge’s opinion, would be injurious to in-
ternational relations, national defence or national se-
curity or would endanger the safety of any person if
disclosed;
(d) the judge must provide the applicant and the rele-
vant Minister with an opportunity to be heard;
(e) the judge may base their decision on evidence or
other information available to them 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 in-
formation provided by the relevant Minister is not rel-
evant or if the relevant Minister withdraws the evi-
dence or other information, the judge must not base
their decision on that evidence or other information
and must return it to the relevant Minister; and
(g) the judge must ensure the confidentiality of all evi-
dence and other information that the relevant Minis-
ter withdraws.
Protection of information on an appeal
(3) Subsection (2) applies to any appeal of a decision
made by a judge in relation to the judicial review pro-
ceedings referred to in subsection (1) and to any further
appeal, with any necessary modifications.
Definition of judge
(4) In this section, judge means the Chief Justice of the
Federal Court or a judge of that Court designated by the
Chief Justice.
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Regulations
83.0391 The Governor in Council may, on the recom-
mendation of the Public Safety Minister, make regula-
tions
(a) respecting applications for authorization referred
to in subsection 83.032(1);
(a.1) respecting requests and the provision of infor-
mation under subsection 83.032(2.1);
(b) respecting the granting, renewal, amendment, sus-
pension, revocation or restriction of the scope of au-
thorizations by the Public Safety Minister for the pur-
poses of sections 83.032 and 83.035 to 83.037;
(c) respecting reporting by the person to whom an au-
thorization is granted under section 83.032 for the pur-
pose of ensuring compliance with the authorization
and with any terms and conditions included in it un-
der subsection 83.032(12); and
(d) prescribing any other entity for the purpose of
paragraph 83.038(1)(j).
Annual report
83.0392 (1) The Public Safety Minister must prepare
and cause to be laid before each House of Parliament,
within 90 days after the first day of January of every year,
a report on the operation of sections 83.031 to 83.0391 for
the previous calendar year.
Number of applications for authorizations
(1.1) The report under subsection (1) must set out the
number of applications for authorizations made, ap-
proved or refused in the previous calendar year.
Redactions
(1.2) If the report under subsection (1) contains any
redactions, the Public Safety Minister must forward the
unredacted report to the National Security and Intelli-
gence Committee of Parliamentarians as well as the Na-
tional Security and Intelligence Review Agency.
Comprehensive review and report
(2) A comprehensive review of sections 83.031 to 83.0391
and their operation must be conducted by the Public
Safety Minister no later than the first anniversary of the
day on which this section comes into force. The Public
Safety Minister must cause a report to be laid before each
House of Parliament within 180 days after that first an-
niversary and every five years thereafter.
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Plan to remedy deficiencies
(3) If the report identifies any deficiencies in sections
83.031 to 83.0391 or their operation, the report must in-
clude a plan to remedy those deficiencies — including any
proposed legislative amendments — and a timeline for its
implementation.
2004, c. 15, s. 108
2 Subparagraph (a)(xii.2) of the definition of-
fence in section 183 of the Act is replaced by the
following:
(xii.2) subsection 
83.03(1) 
(providing, 
making
available, etc., property or services for terrorist pur-
poses),
(xii.21) subsection 83.03(2) (providing, making
available, etc., property or services — use by terror-
ist group),
Consequential Amendments
R.S., c. C-44
Canada Business Corporations Act
2019, c. 29, s. 101
3 Paragraph 1(e) of the schedule to the Canada
Business Corporations Act is replaced by the fol-
lowing:
(e) subsections 83.03(1) and (2) (providing, making
available, etc., property or services for terrorist pur-
poses and providing, making available, etc., property
or services — use by terrorist group);
R.S., c. E-15
Excise Tax Act
4 Paragraph 295(5)(d) of the Excise Tax Act is
amended by striking out “or” at the end of sub-
paragraph (xii), by adding “or” at the end of sub-
paragraph (xiii) and by adding the following af-
ter subparagraph (xiii):
(xiv) to an official solely for the purposes of a secu-
rity review under subsection 83.032(10) or section
83.034 of the Criminal Code, if the information can
reasonably be considered to be relevant to the secu-
rity review;
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R.S., c. 1 (5th Supp.)
Income Tax Act
5 Paragraph 241(4)(d) of the Income Tax Act is
amended by striking out “or” at the end of sub-
paragraph (xxi), by adding “or” at the end of sub-
paragraph (xxii) and by adding the following af-
ter subparagraph (xxii):
(xxiii) to an official solely for the purposes of a se-
curity review under subsection 83.032(10) or section
83.034 of the Criminal Code, if the information can
reasonably be considered to be relevant to the secu-
rity review;
2002, c. 22
Excise Act, 2001
6 Paragraph 211(6)(e) of the Excise Act, 2001 is
amended by striking out “or” at the end of sub-
paragraph (xiii), by adding “or” at the end of sub-
paragraph (xiv) and by adding the following after
subparagraph (xiv):
(xv) to an official solely for the purposes of a secu-
rity review under subsection 83.032(10) or section
83.034 of the Criminal Code, if the information can
reasonably be considered to be relevant to the secu-
rity review;
Published under authority of the Speaker of the House of Commons
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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com