GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 83.039
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 Affairs or the Minister of Citizenship and Immigration under sections 83.032 to 83.038. Rules (2) The following rules apply for the purposes of subsection (1): (a) [Repealed, 2024, c. 16, s. 88] (a.1) [Repealed, 2024, c. 16, s. 88] (b) [Repealed, 2024, c. 16, s. 88] (c) [Repealed, 2024, c. 16, s. 88] (d) the judge must provide the applicant and the relevant Minister with an opportunity to be heard; (e) [Repealed, 2024, c. 16, s. 88] (f) if the judge determines that evidence or other information provided by the relevant Minister is not relevant or if the relevant Minister withdraws the evidence 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 evidence and other information that the relevant Minister withdraws. For greater certainty (2.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the judicial review proceedings referred to in subsection (1). 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 proceedings 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. 2023, c. 14, s. 1 2024, c. 16, s. 88
Criminal Code — C-46 83.0391
Regulations 83.0391 The Governor in Council may, on the recommendation of the Public Safety Minister, make regulations (a) respecting applications for authorization referred to in subsection 83.032(1); (a.1) respecting requests and the provision of information under subsection 83.032(2.1); (b) respecting the granting, renewal, amendment, suspension, revocation or restriction of the scope of authorizations by the Public Safety Minister for the purposes of sections 83.032 and 83.035 to 83.037; (c) respecting reporting by the person to whom an authorization is granted under section 83.032 for the purpose of ensuring compliance with the authorization and with any terms and conditions included in it under subsection 83.032(12); and (d) prescribing any other entity for the purpose of paragraph 83.038(1)(j). 2023, c. 14, s. 1
Criminal Code — C-46 83.0392
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, approved 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 Intelligence Committee of Parliamentarians as well as the National 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 anniversary and every five years thereafter. Plan to remedy deficiencies (3) If the report identifies any deficiencies in sections 83.031 to 83.0391 or their operation, the report must include a plan to remedy those deficiencies — including any proposed legislative amendments — and a timeline for its implementation. 2023, c. 14, s. 1
Criminal Code — C-46 83.04
Using or possessing property for terrorist purposes 83.04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years who (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity. 2001, c. 41, s. 4 2019, c. 25, s. 17(E)
Criminal Code — C-46 83.05
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. Validity (9) Reviews undertaken under subsection (8.1) do not affect the validity of the list. 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. Definition of judge (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. 2001, c. 41, ss. 4, 143; 2005, c. 10, ss. 18, 34 2019, c. 13, s. 141 2024, c. 16, s. 89
Criminal Code — C-46 83.06
Return of information 83.06 (1) For the purposes of subsection 83.05(6), any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister of Public Safety and Emergency Preparedness shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if (a) the judge determines that the information is not relevant; (b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or (c) the Minister withdraws the information. For greater certainty (2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under subsection 83.05(5). 2001, c. 41, s. 4; 2005, c. 10, s. 19 2024, c. 16, s. 90
Criminal Code — C-46 83.07
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. 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. 2001, c. 41, s. 4; 2005, c. 10, s. 20 2019, c. 13, s. 142
Criminal Code — C-46 83.08
Freezing of property 83.08 (1) No person in Canada and no Canadian outside Canada shall knowingly (a) deal directly or indirectly in any property that is owned or controlled by or on behalf of a terrorist group; (b) enter into or facilitate, directly or indirectly, any transaction in respect of property referred to in paragraph (a); or (c) provide any financial or other related services in respect of property referred to in paragraph (a) to, for the benefit of or at the direction of a terrorist group. No civil liability (2) A person who acts reasonably in taking, or omitting to take, measures to comply with subsection (1) shall not be liable in any civil action arising from having taken or omitted to take the measures, if they took all reasonable steps to satisfy themselves that the relevant property was owned or controlled by or on behalf of a terrorist group. 2001, c. 41, s. 4; 2013, c. 9, s. 3
Criminal Code — C-46 83.09
Exemptions 83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions. Ministerial authorization (2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it. Existing equities maintained (3) All secured and unsecured rights and interests in the frozen property that are held by persons, other than terrorist groups or their agents, are entitled to the same ranking that they would have been entitled to had the property not been frozen. Third party involvement (4) If a person has obtained an authorization under subsection (1), any other person involved in carrying out the activity or transaction, or class of activities or transactions, to which the authorization relates is not subject to sections 83.08, 83.1 and 83.11 if the terms or conditions of the authorization that are imposed under subsection (2), if any, are met. 2001, c. 41, s. 4; 2005, c. 10, s. 21
Criminal Code — C-46 83.1
Disclosure 83.1 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service (a) the existence of property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group; and (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity (2) No criminal or civil proceedings lie against a person for disclosure made in good faith under subsection (1). 2001, c. 41, s. 4; 2013, c. 9, s. 4
Criminal Code — C-46 83.11
Audit 83.11 (1) The following entities must determine on a continuing basis whether they are in possession or control of property owned or controlled by or on behalf of a listed entity: (a) authorized foreign banks within the meaning of section 2 of the Bank Act in respect of their business in Canada, or banks to which that Act applies; (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act ; (c) foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act in respect of their insurance business in Canada; (c.1) companies, provincial companies and societies within the meaning of subsection 2(1) of the Insurance Companies Act ; (c.2) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities, and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act; (d) companies to which the Trust and Loan Companies Act applies; (e) trust companies regulated by a provincial Act; (f) loan companies regulated by a provincial Act; and (g) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services. Monthly report (2) Subject to the regulations, every entity referred to in paragraphs (1)(a) to (g) must report, within the period specified by regulation or, if no period is specified, monthly, to the principal agency or body that supervises or regulates it under federal or provincial law either (a) that it is not in possession or control of any property referred to in subsection (1), or (b) that it is in possession or control of such property, in which case it must also report the number of persons, contracts or accounts involved and the total value of the property. Immunity (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2). Regulations (4) The Governor in Council may make regulations (a) excluding any entity or class of entities from the requirement to make a report referred to in subsection (2), and specifying the conditions of exclusion; and (b) specifying a period for the purposes of subsection (2). 2001, c. 41, s. 4
Criminal Code — C-46 83.12
Offences — freezing of property, disclosure or audit 83.12 (1) Every person who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable (a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both. (2) [Repealed, 2013, c. 9, s. 5] 2001, c. 41, s. 4; 2013, c. 9, s. 5 2019, c. 25, s. 18
Criminal Code — C-46 83.13
d of 60 days during which a person may make an application to the judge asserting their interest in the property; and (c) during that period, no one makes such an application. When management order ceases to have effect (9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty. For greater certainty (9.1) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale. Application to vary (10) The Attorney General may at any time apply to a judge of the Federal Court to cancel or vary an order or warrant made under this section, other than an appointment made under subsection (3). Procedure (11) Subsection 462.32(4), sections 462.34 to 462.35 and 462.4, subsection 487(3) and section 488 apply, with any modifications that the circumstances require, to a warrant issued under paragraph (1)(a). Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed. Procedure (12) Subsections 462.33(4) and (6) to (11) and sections 462.34 to 462.35 and 462.4 apply, with such modifications as the circumstances require, to an order issued under paragraph (1)(b). 2001, c. 41, s. 4; 2017, c. 7, s. 54 2019, c. 25, s. 19 2024, c. 15, s. 307
Criminal Code — C-46 83.15
Disposition of property 83.15 Subsection 462.42(6) and sections 462.43 and 462.46 apply, with such modifications as the circumstances require, to property subject to a warrant or restraint order issued under subsection 83.13(1) or ordered forfeited under subsection 83.14(5). 2001, c. 41, s. 4
Criminal Code — C-46 83.16
Interim preservation rights 83.16 (1) Pending any appeal of an order made under section 83.14, property restrained under an order issued under section 83.13 shall continue to be restrained, property seized under a warrant issued under that section shall continue to be detained, and any person appointed to manage, control or otherwise deal with that property under that section shall continue in that capacity. Appeal of refusal to grant order (2) Section 462.34 applies, with such modifications as the circumstances require, to an appeal taken in respect of a refusal to grant an order under subsection 83.14(5). 2001, c. 41, s. 4
Criminal Code — C-46 83.17
Other forfeiture provisions unaffected 83.17 (1) This Part does not affect the operation of any other provision of this or any other Act of Parliament respecting the forfeiture of property. Priority for restitution to victims of crime (2) Property is subject to forfeiture under subsection 83.14(5) only to the extent that it is not required to satisfy the operation of any other provision of this or any other Act of Parliament respecting restitution to, or compensation of, persons affected by the commission of offences. 2001, c. 41, s. 4
Criminal Code — C-46 83.18
Participation in activity of terrorist group 83.18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. Prosecution (2) An offence may be committed under subsection (1) whether or not (a) a terrorist group actually facilitates or carries out a terrorist activity; (b) the participation or contribution of the accused actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or (c) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group. Meaning of participating or contributing (3) Participating in or contributing to an activity of a terrorist group includes (a) providing, receiving or recruiting a person to receive training; (b) providing or offering to provide a skill or an expertise for the benefit of, at the direction of or in association with a terrorist group; (c) recruiting a person in order to facilitate or commit (i) a terrorism offence, or (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence; (d) entering or remaining in any country for the benefit of, at the direction of or in association with a terrorist group; and (e) making oneself, in response to instructions from any of the persons who constitute a terrorist group, available to facilitate or commit (i) a terrorism offence, or (ii) an act or omission outside Canada that, if committed in Canada, would be a terrorism offence. Factors (4) In determining whether an accused participates in or contributes to any activity of a terrorist group, the court may consider, among other factors, whether the accused (a) uses a name, word, symbol or other representation that identifies, or is associated with, the terrorist group; (b) frequently associates with any of the persons who constitute the terrorist group; (c) receives any benefit from the terrorist group; or (d) repeatedly engages in activities at the instruction of any of the persons who constitute the terrorist group. 2001, c. 41, s. 4 2019, c. 25, s. 20
Criminal Code — C-46 83.181
Leaving Canada to participate in activity of terrorist group 83.181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2013, c. 9, s. 6 2019, c. 25, s. 21
Criminal Code — C-46 83.19
Facilitating terrorist activity 83.19 (1) Every one who knowingly facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. Facilitation (2) For the purposes of this Part, a terrorist activity is facilitated whether or not (a) the facilitator knows that a particular terrorist activity is facilitated; (b) any particular terrorist activity was foreseen or planned at the time it was facilitated; or (c) any terrorist activity was actually carried out. 2001, c. 41, s. 4
Criminal Code — C-46 83.191
Leaving Canada to facilitate terrorist activity 83.191 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.19(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2013, c. 9, s. 7
Criminal Code — C-46 83.2
Commission of offence for terrorist group 83.2 Every one who commits an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for life. 2001, c. 41, s. 4
Criminal Code — C-46 83.201
Leaving Canada to commit offence for terrorist group 83.201 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a terrorist group is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2013, c. 9, s. 8
Criminal Code — C-46 83.202
Leaving Canada to commit offence that is terrorist activity 83.202 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. 2013, c. 9, s. 8
Criminal Code — C-46 83.21
Instructing to carry out activity for terrorist group 83.21 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out any activity for the benefit of, at the direction of or in association with a terrorist group, for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity, is guilty of an indictable offence and liable to imprisonment for life. Prosecution (2) An offence may be committed under subsection (1) whether or not (a) the activity that the accused instructs to be carried out is actually carried out; (b) the accused instructs a particular person to carry out the activity referred to in paragraph (a); (c) the accused knows the identity of the person whom the accused instructs to carry out the activity referred to in paragraph (a); (d) the person whom the accused instructs to carry out the activity referred to in paragraph (a) knows that it is to be carried out for the benefit of, at the direction of or in association with a terrorist group; (e) a terrorist group actually facilitates or carries out a terrorist activity; (f) the activity referred to in paragraph (a) actually enhances the ability of a terrorist group to facilitate or carry out a terrorist activity; or (g) the accused knows the specific nature of any terrorist activity that may be facilitated or carried out by a terrorist group. 2001, c. 41, s. 4
Criminal Code — C-46 83.22
Instructing to carry out terrorist activity 83.22 (1) Every person who knowingly instructs, directly or indirectly, any person to carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for life. Prosecution (2) An offence may be committed under subsection (1) whether or not (a) the terrorist activity is actually carried out; (b) the accused instructs a particular person to carry out the terrorist activity; (c) the accused knows the identity of the person whom the accused instructs to carry out the terrorist activity; or (d) the person whom the accused instructs to carry out the terrorist activity knows that it is a terrorist activity. 2001, c. 41, s. 4
Criminal Code — C-46 83.221
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. Application (2) An offence may be committed under subsection (1) whether or not a terrorism offence is committed by the person who is counselled. 2015, c. 20, s. 16 2019, c. 13, s. 143