Bill C-350: An Act to amend the State Immunity Act, the Criminal Code and the Immigration and Refugee Protection Act

Short Title Short title 1 This Act may be cited as the Combatting Torture and Terrorism Act . R.S., c. S-18 State Immunity Act 2 Section 2 of the State Immunity Act is amended by adding the following in alphabetical order: torture  has the same meaning as in subsection 269.1(2) of the Criminal Code . ( torture ) 3 Section 2.1 of the Act is renumbered as subsection 2.1(1) and is amended by adding the following: Meaning of supports torture and extrajudicial killings (2) For the purposes of this Act, a foreign state supports torture or extrajudicial killing if it is responsible for or complicit in ordering, controlling or otherwise directing an act or omission that is or, had it been committed in Canada, would be punishable under section 269.1 or 235 of the Criminal Code , respectively. 4 (1) Subsections 6.1(1) and (2) of the Act are replaced by the following: Support of terrorism, torture or extrajudicial killing 6.1 (1) A foreign state that is set out on the list referred to in subsection (2) is not immune from the jurisdiction of a court in proceedings against it for its support, on or after January 1, 1985, of terrorism, torture or extrajudicial killing . List of foreign states (2) The Governor in Council may, by order, establish a list on which the Governor in Council may, at any time, set out the name of a foreign state if, on the recommendation of the Minister of Foreign Affairs made after consulting with the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the foreign state supported or supports terrorism, torture or extrajudicial killing . (2) Subsection 6.1(10) of the Act is replaced by the following: Effect of removal from list on proceedings (10) If proceedings for support of terrorism, torture or extrajudicial killing are commenced against a foreign state that is set out on the list, the subsequent removal of the foreign state from the list does not have the effect of restoring the state’s immunity from the jurisdiction of a court in respect of those proceedings or any related appeal or enforcement proceedings. 5 The Act is amended by adding the following after section 6.1: Response to recommendation of committee 6.2 (1) If a report of a committee of the Senate, of the House of Commons or of both Houses of Parliament recommends that an order be considered or made under subsection 6.1(2) in relation to a foreign state, the Minister of Foreign Affairs must, after consulting with the Minister of Public Safety and Emergency Preparedness, prepare a response advising the committee whether or not the order is to be made and setting out the reasons for the decision. Tabling of response (2) The response must be tabled in the Senate or the House of Commons or in both Houses of Parliament, as the case may be, within 40 days after the day on which the report is submitted or within any time limit specified by the committee and must be posted in a prominent location on the website of the Department of Foreign Affairs, Trade and Development on the day after it is tabled. Prorogation or dissolution (3) If Parliament is prorogued or dissolved before the response is tabled, the Minister must post the response in a prominent location on the website of the Department of Foreign Affairs, Trade and Development within the time limit referred to in subsection (2) regarding the tabling of the response. The response must be tabled as soon as feasible after the commencement of the next session of Parliament. 6 Subsection 11(3) of the Act is replaced by the following: Exception (3) This section does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism, torture or extrajudicial killing or for its terrorist activity. 7 (1) Paragraph 12(1)(b) of the Act is replaced by the following: (b) the property is used or is intended to be used for a commercial activity or, if the foreign state is set out on the list referred to in subsection 6.1(2), is used or is intended to be used by it to support terrorism, torture or extrajudicial killing or engage in terrorist activity; (2) Paragraph 12(1)(d) of the Act is replaced by the following: (d) the foreign state is set out on the list referred to in subsection 6.1(2) and the attachment or execution relates to a judgment rendered in an action brought against it for its support of terrorism, torture or extrajudicial killing or for its terrorist activity and to property other than property that has cultural or historical value. 8 Subsection 13(2) of the Act is replaced by the following: Exception (2) Subsection (1) does not apply either to an agency of a foreign state or to a foreign state that is set out on the list referred to in subsection 6.1(2) in respect of an action brought against that foreign state for its support of terrorism, torture or extrajudicial killing or for its terrorist activity. R.S., c. C-46 Criminal Code 9 (1) The definition listed entity in subsection 83.01(1) of the Criminal Code is replaced by the following: listed entity  means an entity on a list established by the Governor in Council under section 83.05 or an entity listed in the schedule . ( entité inscrite ) (2) Subsection 83.01(1) of the Act is amended by adding the following in alphabetical order: schedule  means the schedule to this Part. ( annexe ) 10 (1) Section 83.05 of the Act is amended by adding the following after subsection (1): Schedule (1.01) The Governor in Council may, by regulation, add to the schedule the name of an entity if, on the recommendation of the Minister of Public Safety and Emergency Preparedness, the Governor in Council is satisfied that there are reasonable grounds to believe that the entity is an entity referred to in paragraph (1)(a) or (b). (2) Paragraphs 83.05(1.2)(a) and (b) of the Act are replaced by the following: (a) change the name of a listed entity, or add to the list or the schedule 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 or in the schedule ; and (b) delete from the list or the schedule any other name by which a listed entity may also have been known, if the entity is no longer using that name. (3) Subsection 83.05(2) of the Act is replaced by the following: Application to Minister (2) On application in writing by a listed entity to be removed from the list or the schedule , 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 or the schedule , taking into account the grounds set out in subsection (1). (4) Paragraph 83.05(6)(a) of the French version of the Act is replaced by the following: a) il examine à huis clos les renseignements en matière de sécurité ou de criminalité qui ont été pris en considération pour décider si le demandeur doit rester inscrit sur la liste ou à l'annexe et recueille les autres éléments de preuve ou d’information présentés par le ministre ou en son nom; il peut, à la demande de celui-ci, recueillir tout ou partie de ces éléments en l’absence du demandeur ou de son avocat, s’il estime que leur divulgation porterait atteinte à la sécurité nationale ou à la sécurité d’autrui; (5) Paragraph 83.05(8)(b) of the Act is replaced by the following: (b) the Minister has completed a review under subsection (8.1) or (8.2) with respect to that entity. (6) Subsections 83.05(9) and (10) of the Act are replaced by the following: Review — schedule (8.2) The Minister shall review whether there are still reasonable grounds, as set out in subsection (1.01), for an entity to be listed in the schedule and make a recommendation to the Governor in Council as to whether the entity should remain in the schedule (a) within five years after (i) the day on which this subsection comes into force, if the entity is in the schedule on that day, or (ii) the day on which the entity is added to the schedule, if the entity is added to the schedule 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. Validity (9) Reviews undertaken under subsection (8.1) or (8.2) do not affect the validity of the list or the schedule, as the case may be . Publication (10) The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.1) or (8.2) to be published in the Canada Gazette within five years after the review is completed. 11 Subsection 83.07(1) of the Act is replaced by the following: Mistaken identity 83.07 (1) An entity whose name is the same as or similar to a name, appearing on the list or in the schedule , 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. 12 The Act is amended by adding the following after section 83.07: Response to recommendation of committee 83.071 (1) If a report of a committee of the Senate, of the House of Commons or of both Houses of Parliament recommends that a regulation be made to add an entity to the list or to the schedule, the Minister of Public Safety and Emergency Preparedness must prepare a response advising the committee whether or not the regulation is to be made and setting out the reasons for the decision. Tabling of response (2) The response must be tabled in the Senate or the House of Commons or in both Houses of Parliament, as the case may be, within 40 days after the day on which the report is submitted or within any time limit specified by the committee and must be posted in a prominent location on the website of the Department of Public Safety and Emergency Preparedness on the day after it is tabled. Prorogation or dissolution (3) If Parliament is prorogued or dissolved before the response is tabled, the Minister must post the response in a prominent location on the website of the Department of Public Safety and Emergency Preparedness within the time limit referred to in subsection (2) regarding the tabling of the response. The response must be tabled as soon as feasible after the commencement of the next session of Parliament. 13 The Act is amended by adding, after section 849, the schedule set out in the schedule to this Act. 2001, c. 27 Immigration and Refugee Protection Act 14 Section 34 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1): Member of organization (2) For the purposes of paragraph (1)(f), a permanent resident or a foreign national is deemed not to be a member of an organization if it is established that the permanent resident or foreign national (a) was required to fulfill a mandatory service period with the organization; (b) did not remain with the organization for a period longer than the mandatory service period; and (c) did not engage in acts referred to in paragraph (a), (b), (b.1) or (c) while with the organization.