This enactment repeals the Acts enacted by the Anti-terrorism Act, 2015 as well as the amendments made to other Acts by that Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

• (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

• (a) believes on reasonable grounds that a terrorist activity Insertion start will Insertion end 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 Insertion start necessary Insertion end to prevent the carrying out of the terrorist activity.

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 Insertion start est nécessaire afin Insertion end 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 :

• (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is Insertion start necessary in order Insertion end to prevent a terrorist activity.

• (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 Insertion start any Insertion end period Insertion start that does not exceed Insertion end 12 months and to comply with any other reasonable conditions prescribed in the recognizance, including the conditions set out in Insertion start subsection Insertion end (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).

Reasons

(12) If the judge does not add Insertion start the Insertion end condition to a recognizance, Insertion start they Insertion end shall include in the record a statement of the reasons for not adding it.

• (c) the number of cases in which a person was not released under subsection 83.‍3(7) pending a hearing;

• (ii) by a judge under paragraph 83.‍3(7)‍(a).

• (a) authorizations for which that Minister and agents Insertion start to be named in the report who were Insertion end specially designated in writing by that Minister for the purposes of section 185 applied and Insertion start to Insertion end the interceptions made under those authorizations in the immediately preceding year;

• (b) authorizations given under section 188 for which peace officers Insertion start to be named in the report who were Insertion end specially designated by that Minister for the purposes of that section applied and Insertion start to Insertion end the interceptions made under those authorizations in the immediately preceding year; and

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.

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 Insertion start , Insertion end a criminal organization offence or Insertion start a terrorism offence Insertion end may, with Insertion start the Insertion end consent Insertion start of Insertion end the Attorney Insertion start General Insertion end , lay an information before a provincial court judge.

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,

• (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).

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.

• (a) prescribing bodily substances for the purposes of sections 810, 810.‍01, 810.‍1 and 810.‍2;

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.

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.

Breach of recognizance

811 A person bound by a recognizance under Insertion start section Insertion end 83.‍3, 810 Insertion start , 810.‍01, 810.‍02, 810.‍1 or Insertion end 810.‍2 who commits a breach of the recognizance is guilty of

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.

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.

• (h) any previous application made in relation to a person identified in the affidavit Insertion start pursuant to Insertion end paragraph (d), the date on which the application was made, the name of the judge to whom Insertion start each application Insertion end was made and the decision Insertion start of the Insertion end judge Insertion start in respect of each application Insertion end .

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 Insertion start pursuant to Insertion end 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).

• (a) the use or disclosure Insertion start pursuant to Insertion end this Act of any communication intercepted under the authority of a warrant issued under section 21; or

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 23 Insertion start to a judge Insertion end for a warrant or the renewal of a warrant shall be heard in private in accordance with regulations made under section 28.

• (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

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.

• (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.

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, Insertion start and Insertion end a summary of information and other evidence that enables the person Insertion start who is Insertion end 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 Insertion start 82.‍3 Insertion end , 112 and 115 — may be commenced or continued until the judge determines whether the certificate is reasonable.

Protection of information on appeal

84 Section 83 — other than the obligation to provide a summary — and sections 85.‍1 to 85.‍5 apply Insertion start to Insertion end an appeal under section 79 or 82.‍3 Insertion start , Insertion end and Insertion start to Insertion end any further appeal, with any necessary modifications.

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 Insertion start provided to the judge Insertion end but that is not disclosed to the permanent resident or foreign national and their counsel.

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 Insertion start to Insertion end the proceeding with any necessary modifications.

• (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;

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 Insertion start , 810.‍1 or Insertion end 810.‍2 of the Criminal Code; (prisonnier)

• (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;

Threats to security

(9) An official may provide, to Insertion start 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, Insertion end

• (a) publicly accessible charity information;

• (b)  Insertion start designated Insertion end taxpayer information, if there are reasonable grounds to suspect that the information would be relevant to

  • (i) an investigation Insertion start by the Canadian Security Intelligence Service Insertion end 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 Insertion start an offence Insertion end may have been committed Insertion start under Insertion end

    • (A)  Insertion start Part II.‍1 Insertion end of the Criminal Code, Insertion start or Insertion end

    • (B) section 462.‍31 of the Criminal Code, if that investigation is related to Insertion start an Insertion end offence Insertion start under Part II.‍1 Insertion end of that Act Insertion start , or Insertion end

  • Start of inserted block

    (iii) the prosecution of an offence referred to in subparagraph (ii); and

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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)

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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 Insertion start criminal organization offence Insertion end ), 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 Insertion start sentence Insertion end ) except that, in the case of an order under paragraph 42(2)‍(n) (custody and supervision order), it shall not exceed 30 days.

• (a) in respect of an order under section 810 (recognizance — fear of injury or damage), 810.‍01 (recognizance — fear of Insertion start criminal organization offence Insertion end ), 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;