Bill C-303: An Act respecting the repeal of the Acts enacted by the Anti-terrorism Act, 2015 and amending or repealing certain provisions enacted by that Act

Security of Canada Information Sharing Act Secure Air Travel Act Criminal Code Canadian Security Intelligence Service Act Immigration and Refugee Protection Act Transitional Provision Consequential Amendments Aeronautics Act Canada Evidence Act Excise Tax Act Department of Fisheries and Oceans Act Prisons and Reformatories Act Customs Act Income Tax Act Corrections and Conditional Release Act Chemical Weapons Convention Implementation Act Customs Tariff Youth Criminal Justice Act Excise Act, 2001 First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-303 An Act respecting the repeal of the Acts enacted by the Anti-terrorism Act, 2015 and amending or repealing certain provisions enacted by that Act FIRST READING, September 26, 2016 Mr. Garrison 421224 SUMMARY This enactment repeals the Acts enacted by the Anti-terrorism Act, 2015 as well as the amendments made to other Acts by that Act. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-303 An Act respecting the repeal of the Acts enacted by the Anti-terrorism Act, 2015 and amending or repealing certain provisions enacted by that Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2015, c. 20, s. 2 Security of Canada Information Sharing Act 1 The Security of Canada Information Sharing Act is repealed. 2015, c. 20, s. 11 Secure Air Travel Act 2 The Secure Air Travel Act is repealed. R.‍S.‍, c. C-46 Criminal Code 3 (1) 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, 83.‍28, 83.‍29 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 (2) The definition justice system participant in section 2 of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c). 4 Sections 83.‍221 to 83.‍223 of the Act are repealed. 5 (1) Paragraphs 83.‍3(2)‍(a) and (b) of the Act are replaced by the following: (a) believes on reasonable grounds that a terrorist activity will be carried out; and (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: 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 afin de l’empêcher de se livrer à une activité terroriste, 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 in order to prevent a terrorist activity. (4) Subsections 83.‍3(7.‍1) and (7.‍2) of the Act are repealed. (5) Paragraphs 83.‍3(8)‍(a) and (b) of the Act are replaced by the following: (a) may, if satisfied by the evidence adduced that the peace officer has reasonable grounds for the suspicion, order that the person enter into a recognizance to keep the peace and be of good behaviour for any period that does not exceed12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in subsection (10), that the judge considers desirable for preventing the carrying out of a terrorist activity; and (b) if the person was not released under subparagraph (7)‍(b)‍(i), shall order that the person be released, subject to the recognizance, if any, ordered under paragraph (a). (6) Subsection 83.‍3(8.‍1) of the Act is repealed. (7) Subsections 83.‍3(11.‍1) to (12) of the Act are replaced by the following: Reasons (12) If the judge does not add the condition to a recognizance, they shall include in the record a statement of the reasons for not adding it. 6 (1) Paragraph 83.‍31(2)‍(c) of the Act is replaced by the following: (c) the number of cases in which a person was not released under subsection 83.‍3(7) pending a hearing; (2) Subparagraph 83.‍31(3)‍(b)‍(ii) of the Act is replaced by the following: (ii) by a judge under paragraph 83.‍3(7)‍(a). 7 Subparagraph (xii. 81) of the definition offence in section 183 of the Act is repealed. 8 Paragraphs 195(1)‍(a) and (b) of the Act are replaced by the following: (a) authorizations for which that Minister and agents to be named in the report who were specially designated in writing by that Minister for the purposes of section 185 applied and to the interceptions made under those authorizations in the immediately preceding year; (b) authorizations given under section 188 for which peace officers to be named in the report who were specially designated by that Minister for the purposes of that section applied and to the interceptions made under those authorizations in the immediately preceding year; and 9 (1) Subsections 486(1) and (1.‍1) of the Act are replaced by the following: Exclusion of public in certain cases 486 (1) Any proceedings against an accused shall be held in open court, but the presiding judge or justice may order the exclusion of all or any members of the public from the court room for all or part of the proceedings if the judge or justice is of the opinion that such an order is in the interest of public morals, the maintenance of order or the proper administration of justice or is necessary to prevent injury to international relations or national defence or national security. (2) Subsection 486(4) of the Act is repealed. 10 Paragraph 486.‍2(3)‍(f.‍1) of the Act is repealed. 11 Paragraph 486.‍31(3)‍(e.‍1) of the Act is repealed. 12 Section 486.‍7 of the Act is repealed. 13 Subparagraph (i.‍091) of the definition primary designated offence in section 487.‍04 of the Act is repealed. 14 (1) Subsection 810.‍01(1) of the Act is replaced by the following: Fear of certain offences 810.‍01 (1) A person who fears on reasonable grounds that another person will commit an offence under section 423.‍1, a criminal organization offence or a terrorism offence may, with the consent of the Attorney General, lay an information before a provincial court judge. (2) Subsection 810.‍01(8) of the Act is repealed. 15 Section 810.‍011 of the Act is repealed. 16 Sections 810.‍21 and 810.‍22 of the Act are repealed. 17 (1) The portion of subsection 810.‍3(1) of the Act before paragraph (a) is replaced by the following: Samples — designations and specifications 810.‍3 (1) For the purposes of sections 810, 810.‍01, 810.‍1 and 810.‍2 and subject to the regulations, the Attorney General of a province or the minister of justice of a territory shall, with respect to the province or territory, (2) Paragraphs 810.‍3(2)‍(a) and (b) of the Act are replaced by the following: (a) to make a demand for a sample of a bodily substance for the purposes of paragraphs 810(3.‍02)‍(b), 810.‍01(4.‍1)‍(f), 810.‍1(3.‍02)‍(h) and 810.‍2(4.‍1)‍(f); and (b) to specify the regular intervals at which a defend­ant must provide a sample of a bodily substance for the purposes of paragraphs 810(3.‍02)‍(c), 810.‍01(4.‍1)‍(g), 810.‍1(3.‍02)‍(i) and 810.‍2(4.‍1)‍(g). (3) Subsections 810.‍3(3) and (4) of the Act are replaced by the following: Restriction (3) Samples of bodily substances referred to in sections 810, 810.‍01, 810.‍1 and 810.‍2 may not be taken, analyzed, stored, handled or destroyed, and the records of the results of the analysis of the samples may not be protected or destroyed, except in accordance with the designations and specifications made under subsection (1). Destruction of samples (4) The Attorney General of a province or the minister of justice of a territory, or a person authorized by the Attorney General or minister, shall cause all samples of bodily substances provided under a recognizance under section 810, 810.‍01, 810.‍1 or 810.‍2 to be destroyed within the period prescribed by regulation unless the samples are reasonably expected to be used as evidence in a proceeding for an offence under section 811. (4) Paragraph 810.‍3(5)‍(a) of the Act is replaced by the following: (a) prescribing bodily substances for the purposes of sections 810, 810.‍01, 810.‍1 and 810.‍2; (5) Subsection 810.‍3(6) of the Act is replaced by the following: Notice — samples at regular intervals (6) The notice referred to in paragraph 810(3.‍02)‍(c), 810.‍01(4.‍1)‍(g), 810.‍1(3.‍02)‍(i) or 810.‍2(4.‍1)‍(g) must specify the places and times at which and the days on which the defendant must provide samples of a bodily substance under a condition described in that paragraph. The first sample may not be taken earlier than 24 hours after the defendant is served with the notice, and subsequent samples must be taken at regular intervals of at least seven days. 18 Subsections 810.‍4(1) to (3) of the Act are replaced by the following: Prohibition on use of bodily substance 810.‍4 (1) No person shall use a bodily substance provided under a recognizance under section 810, 810.‍01, 810.‍1 or 810.‍2 except for the purpose of determining whether a defendant is complying with a condition in the recognizance that they abstain from the consumption of drugs, alcohol or any other intoxicating substance. Prohibition on use or disclosure of result (2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a recognizance under section 810, 810.‍01, 810.‍1 or 810.‍2. Exception (3) The results of the analysis of a bodily substance provided under a recognizance under section 810, 810.‍01, 810.‍1 or 810.‍2 may be disclosed to the defendant to whom they relate, and may also be used or disclosed in the course of an investigation of, or in a proceeding for, an offence under section 811 or, if the results are made anonymous, for statistical or other research purposes. 19 The portion of section 811 of the Act before paragraph (a) is replaced by the following: Breach of recognizance 811 A person bound by a recognizance under section83.‍3, 810, 810.‍01, 810.‍02, 810.‍1 or810.‍2 who commits a breach of the recognizance is guilty of 20 Subsection 811.‍1(1) of the Act is replaced by the following: Proof of certificate of analyst — bodily substance 811.‍1 (1) In a prosecution for breach of a condition in a recognizance under section 810, 810.‍01, 810.‍1 or 810.‍2 that a defendant not consume drugs, alcohol or any other intoxicating substance, a certificate purporting to be signed by an analyst that states that the analyst has analyzed a sample of a bodily substance and that states the result of the analysis is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person who appears to have signed the certificate. 21 The section references after the heading “FORM 51” in Form 51 in Part XXVIII of the Act are replaced by the following: (Paragraphs 732.‍1(3)‍(c.‍2), 742.‍3(2)‍(a.‍2), 810(3.‍02)‍(c), 810.‍01(4.‍1)‍(g), 810.‍1(3.‍02)‍(i) and 810.‍2(4.‍1)‍(g)) R.‍S.‍, c. C-23 Canadian Security Intelligence Service Act 22 Subsection 6(5) of the Canadian Security Intelligence Service Act is repealed. 23 Subsection 7(2) of the Act is replaced by the following: Consultation with Deputy Minister — warrant (2) The Director or any employee designated by the Minister for the purpose of applying for a warrant under section 21 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant. 24 Sections 12.‍1 and 12.‍2 of the Act are repealed. 25 Paragraph 21(2)‍(h) of the Act is replaced by the following: (h) any previous application made in relation to a person identified in the affidavit pursuant to paragraph (d), the date on which the application was made, the name of the judge to whom each application was made and the decision of the judge in respect of each application. 26 Section 21.‍1 of the Act is repealed. 27 Sections 22.‍1 to 23 of the Act are replaced by the following: Warrant authorizing removal 23 (1) On application in writing by the Director or any employee designated by the Minister for the purpose, a judge may, if the judge thinks fit, issue a warrant authoriz­ing the persons to whom the warrant is directed to remove from any place any thing installed pursuant to a warrant issued under subsection 21(3) and, for that purpose, to enter any place or open or obtain access to any thing. Matters to be specified in warrants (2) There shall be specified in a warrant issued under subsection (1) the matters referred to in paragraphs 21(4)‍(c) to (f). 28 Section 24.‍1 of the Act is repealed. 29 Paragraph 25(a) of the Act is replaced by the following: (a) the use or disclosure pursuant to this Act of any communication intercepted under the authority of a warrant issued under section 21; or 30 Sections 26 and 27 of the Act are replaced by the following: Exclusion of Part VI of Criminal Code 26 Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or in relation to any communication so intercepted. Hearing of applications 27 An application under section 21, 22 or 23to a judge for a warrant or the renewal of a warrant shall be heard in private in accordance with regulations made under section 28. 31 Paragraphs 28(a) and (b) of the Act are replaced by the following: (a) prescribing the forms of warrants that may be issued under section 21 or 23; (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for those warrants and for renewals of those warrants; and 32 Subsection 38(1.‍1) of the Act is repealed. 33 Subsection 53(2) of the Act is repealed. 2001, c. 27 Immigration and Refugee Protection Act 34 Subsection 72(1) of the Immigration and Refugee Protection Act is replaced by the following: Application for judicial review 72 (1) Judicial review by the Federal Court with respect to any matter — a decision, determination or order made, a measure taken or a question raised — under this Act is commenced by making an application for leave to the Court. 35 Paragraph 74(d) of the Act is replaced by the following: (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question. 36 Subsections 77(2) and (3) of the Act are replaced by the following: Filing of evidence and summary (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence on which the certificate is based, and a summary of information and other evidence that enables the person who is named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to national security or endanger the safety of any person if disclosed. Effect of referral (3) Once the certificate is referred, no proceeding under this Act respecting the person who is named in the certificate — other than proceedings relating to sections 82 to 82.‍3, 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable. 37 Section 79.‍1 of the Act is repealed. 38 Section 82.‍31 of the Act is repealed. 39 (1) Paragraphs 83(1)‍(c.‍1) and (c.‍2) of the Act are repealed. (2) Subsection 83(1) of the Act is amended by adding “and” at the end of paragraph (i), by striking out “and” at the end of paragraph (j) and by repealing paragraph (k). 40 Section 84 of the Act is replaced by the following: Protection of information on appeal 84 Section 83 — other than the obligation to provide a summary — and sections 85.‍1 to 85.‍5 apply to an appeal under section 79 or 82.‍3, and to any further appeal, with any necessary modifications. 41 Subsection 85.‍4(1) of the Act is replaced by the following: Obligation to provide information 85.‍4 (1) The Minister shall, within a period set by the judge, provide the special advocate with a copy of all information and other evidence that is provided to the judge but that is not disclosed to the permanent resident or foreign national and their counsel. 42 Section 86.‍1 of the Act is repealed. 43 Sections 87 and 87.‍01 of the Act are replaced by the following: Application for non-disclosure — judicial review 87 The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Section 83 — other than the obligations to appoint a special advocate and to provide a summary — applies to the proceeding with any necessary modifications. Transitional Provision Cases excluded from application of sections 35 to 43 44 The amendments made by sections 35 to 43 do not apply in respect of an application, proceeding or matter that is pending or in progress under Division 9 of Part 1 of the Immigration and Refugee Protection Act immediately before the coming into force of this Act, or in respect of any appeal or judicial review, commenced on or after that coming into force, of a decision made in such an application, proceeding or matter. Consequential Amendments R.‍S.‍, c. A-2 Aeronautics Act 45 Paragraph 7.‍6(1)‍(a) of the Aeronautics Act is replaced by the following: (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, in this section and in sections 7.‍7 to 8.‍2 referred to as a “designated provision”, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.‍7 to 8.‍2; R.‍S.‍, c. C-5 Canada Evidence Act 46 Item 4 of the schedule to the Canada Evidence Act is repealed. R.‍S.‍, c. E-15 Excise Tax Act 47 Subsection 295(5.‍05) of the Excise Tax Act is repealed. R.‍S.‍, c. F-15 Department of Fisheries and Oceans Act 48 Subsection 4(3) of the Department of Fisheries and Oceans Act is repealed. R.‍S.‍, c. P-20 Prisons and Reformatories Act 49 The portion of the definition prisoner in subsection 2(1) of the Prisons and Reformatories Act after paragraph (b) is replaced by the following: who is confined in a prison pursuant to a sentence for an offence under an Act of Parliament or any of its regulations, or pursuant to a committal for failure or refusal to enter into a recognizance under sections 810, 810.‍1 or810.‍2 of the Criminal Code; (prisonnier) R.‍S.‍, c. 1 (2nd Supp.‍) Customs Act 50 (1) Subsection 107(4) of the Customs Act is amended by adding “or” at the end of paragraph (g), by striking out “or” at the end of paragraph (h) and by repealing paragraph (i). (2) Paragraph 107(5)‍(j) of the Act is replaced by the following: (j) an official of the Department of Citizenship and Immigration solely for the purpose of administering or enforcing the Immigration and Refugee Protection Act, if the information relates to the movement of people into and out of Canada; R.‍S.‍, c. 1 (5th Supp.‍) Income Tax Act 51 (1) The portion of subsection 241(9) of the Income Tax Act before paragraph (c) is replaced by the following: Threats to security (9) An official may provide, to an official of the Canadian Security Intelligence Service, of the Royal Canadian Mounted Police or of the Financial Transactions and Reports Analysis Centre of Canada, (a) publicly accessible charity information; (b) designated taxpayer information, if there are reasonable grounds to suspect that the information would be relevant to (i) an investigation by the Canadian Security Intelligence Service of whether the activity of any person may constitute threats to the security of Canada, as defined in section 2 of the Canadian Security Intelligence Service Act, (ii) an investigation of whether an offence may have been committed under (A) Part II.‍1 of the Criminal Code, or (B) section 462.‍31 of the Criminal Code, if that investigation is related to an offence under Part II.‍1 of that Act, or (iii) the prosecution of an offence referred to in subparagraph (ii); and (2) Subsection 241(10) of the Act is amended by adding the following in alphabetical order: designated taxpayer information means taxpayer information — other than designated donor information — of a registered charity, or of a person who has at any time made an application for registration as a registered charity, that is (a) in respect of a financial transaction (i) relating to the importation or exportation of currency or monetary instruments by the charity or applicant, or (ii) in which the charity or applicant has engaged a person to whom section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act applies, (b) information provided to the Minister by the Canadian Security Intelligence Service, the Royal Canadian Mounted Police or the Financial Transactions and Reports Analysis Centre of Canada, (c) the name, address, date of birth and citizenship of any current or former director, trustee or like official, or of any agent, mandatary or employee, of the charity or applicant, (d) information submitted by the charity or applicant in support of an application for registration as a registered charity that is not publicly accessible charity information, (e) publicly available, including commercially available databases, or (f) information prepared from publicly accessible charity information and information referred to in paragraphs (a) to (e); (renseignement confidentiel désigné) 1992, c. 20 Corrections and Conditional Release Act 52 Paragraph (a.‍92) in section 1 of Schedule I to the Corrections and Conditional Release Act is repealed. 1995, c. 25 Chemical Weapons Convention Implementation Act 53 Subsection 17(3) of the Chemical Weapons Convention Implementation Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c). 1997, c. 36 Customs Tariff 54 The Description of Goods of tariff item No. 9899.‍00.‍00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by striking out the reference to “Writings, signs, visible representations or audio recordings that constitute terrorist propaganda within the meaning of subsection 83.‍222(8) of the Criminal Code;”. 2002, c. 1 Youth Criminal Justice Act 55 Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following: Orders (2) A youth justice court has jurisdiction to make orders against a young person under sections 810 (recognizance — fear of injury or damage), 810.‍01 (recognizance — fear of criminal organization 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. 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 sentence) except that, in the case of an order under paragraph 42(2)‍(n) (custody and supervision order), it shall not exceed 30 days. 56 Paragraph 142(1)‍(a) of the Act is replaced by the following: (a) in respect of an order under section 810 (recognizance — fear of injury or damage), 810.‍01 (recognizance — fear of criminal organization offence), 810.‍02 (recognizance — fear of forced marriage or marriage under age of 16 years) or 810.‍2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; 2002, c. 22 Excise Act, 2001 57 Subsection 211(6.‍5) of the Excise Act, 2001 is repealed. Published under authority of the Speaker of the House of Commons