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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2021-09-11 and last amended on 2021-08-27. Previous Versions

PART II.1Terrorism (continued)

List of Entities (continued)

Marginal note:Admission of foreign information obtained in confidence

  •  (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it,

    • (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information 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

    • (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person.

  • Marginal note:Return of information

    (2) The information 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 the statement to be provided under paragraph 83.05(6)(b); or

    • (c) the Minister withdraws the application.

  • Marginal note:Use of information

    (3) If the judge decides that the information is relevant but that its disclosure would injure national security or endanger the safety of persons, the information shall not be disclosed in the statement mentioned in paragraph 83.05(6)(b), but the judge may base the determination under paragraph 83.05(6)(d) on it.

  • 2001, c. 41, s. 4
  • 2005, c. 10, s. 19

Marginal note:Mistaken identity

  •  (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.

  • Marginal note: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.

Freezing of Property

Marginal note:Freezing of property

  •  (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.

  • Marginal note: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

Marginal note:Exemptions

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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

Marginal note:Disclosure

  •  (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).

  • Marginal note: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

Marginal note:Audit

  •  (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.

  • Marginal note: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.

  • Marginal note:Immunity

    (3) No criminal or civil proceedings lie against a person for making a report in good faith under subsection (2).

  • Marginal note: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
 
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