Criminal Code — C-46 83.032
Authorization 83.032 (1) On application, the Public Safety Minister may authorize an eligible person to carry out, in a specified geographic area that is controlled by a terrorist group, a specified activity that would otherwise be prohibited 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). 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 other related services could reasonably be expected to result in the terrorist group using or benefiting from the property 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 person 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 subsection (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 supporting 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 application 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 respect 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 Citizenship and Immigration or both of those Ministers, as the case may be, may refer an application if they are satisfied that (a) the application meets any requirements set out in the regulations; (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 paragraphs (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 applicant has, within 60 days after the day on which the request is made, failed to comply with a request to provide information that ought to have been included in the application. Assessment (8) The Minister who refers an application must, as part of the referral, set out their assessmen