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Allows Aid Work in Terrorist-Controlled Zones

Full Title: An Act to amend the Criminal Code and to make consequential amendments to other Acts

Summary#

Bill C-41 changes the Criminal Code to let the Public Safety Minister authorize Canadians to do certain aid and support work in areas controlled by terrorist groups. It also adds a clear humanitarian exception and sets rules for applications, security reviews, reporting, and oversight. Related laws are amended to allow limited information-sharing for security reviews and to update police powers tied to the renamed offences.

  • Creates an authorization system for work on health, education, livelihoods, human rights, immigration/resettlement, and support to federal operations in areas controlled by terrorist groups (s.83.032(1)-(2)).
  • Adds a humanitarian exception for impartial humanitarian organizations that use reasonable efforts to minimize any benefit to terrorist groups (s.83.03(4)).
  • Keeps and clarifies criminal offences for providing money or services for terrorist purposes or to benefit a terrorist group, with a maximum 10-year sentence (s.83.03(1)-(2)).
  • Requires ministerial referrals, security reviews, and allows terms, conditions, renewal, suspension, and revocation of authorizations (s.83.032(5)-(12), (14); s.83.035–83.037).
  • Allows specific agencies to assist with administration and information-sharing, and sets special judicial review rules that protect sensitive information (s.83.038; s.83.0391(2)).
  • Requires annual public reporting on application volumes and periodic comprehensive reviews (s.83.0391(1)-(3)).

What it means for you#

  • Households and communities

    • The law still makes it a crime to provide money or services for terrorist purposes or knowing they will be used by or benefit a terrorist group; penalties can be up to 10 years in prison (s.83.03(1)-(2)).
    • If you seek help from Canadian charities in conflict zones, those groups may be able to operate with an authorization, or under the humanitarian exception if they qualify (s.83.032(1); s.83.03(4)).
  • Charities and NGOs

    • You may apply for an authorization to operate in an area controlled by a terrorist group for listed purposes like health, education, livelihoods, human rights, and immigration/resettlement (s.83.032(1)).
    • Applications must be referred to the Public Safety Minister by the Foreign Affairs Minister and/or the Immigration Minister, depending on purpose (s.83.032(5)-(6)).
    • To be referred, you must show the area is controlled by a terrorist group, the activity meets a real and important need, and you can manage funds transparently in high-risk settings (s.83.032(6)(a)-(e)).
    • The Public Safety Minister runs a security review, can set terms and conditions, and can suspend, revoke, or restrict the authorization. Authorizations can last up to 5 years and be renewed (s.83.032(10)-(12), (14); s.83.035–83.037).
    • The authorization can cover third parties you use (e.g., vendors, transporters), not only your staff (s.83.032(13)).
    • Impartial humanitarian organizations may rely on the humanitarian exception if their sole purpose is humanitarian assistance and they use reasonable efforts to minimize any benefit to terrorist groups (s.83.03(4)).
  • Businesses and contractors

    • If you support an authorized project in a controlled area (e.g., logistics, banking, telecom), you can be covered as a third party under the authorization, subject to its conditions (s.83.032(13)).
    • It remains a criminal offence to knowingly provide money or services that will be used by or benefit a terrorist group, unless covered by an authorization or the humanitarian exception (s.83.03(2)-(4)).
  • Financial institutions and professionals

    • You may be asked to support authorized activities and comply with authorization conditions, including reporting on fund flows and controls (s.83.032(12)).
    • Police can seek court orders to intercept private communications when investigating these offences, as they are listed in the wiretap section of the Code (s.183(a)(xii.2), (xii.21)).
  • Privacy and data use

    • During security reviews, specified federal bodies (e.g., CSIS, RCMP, CSE, DND/CAF, Global Affairs, CRA, CBSA, IRCC) may collect and share information only for administering and enforcing this regime (s.83.038(1)-(2)).
    • Tax and excise information may be shared with officials for a security review if it is reasonably relevant (Income Tax Act s.241(4)(d)(xxiii); Excise Tax Act s.295(5)(d)(xiv); Excise Act, 2001 s.211(6)(e)(xv)).
  • Applicants and legal process

    • If refused, you must receive notice within a reasonable time. You must wait 30 days to reapply unless there is a material change; in limited cases a new application can proceed without a fresh referral (s.83.033(1)-(3)).
    • On judicial review, a judge can consider secret evidence in closed hearings and provide you only a summary that protects national security and safety; an amicus curiae (independent lawyer) may assist the court (s.83.0391(2)(a)-(e), (a.1)).
  • Transparency and oversight

    • The Public Safety Minister must publish an annual report with the number of applications made, approved, and refused, and conduct a comprehensive review after 1 year and every 5 years, including plans to fix any problems (s.83.0391(1)-(3)).

Expenses#

  • Estimated net cost: Data unavailable.

  • Key points:

    • No explicit appropriations, fees, or revenue changes in the bill text (Data unavailable).
    • Administration will involve multiple departments and agencies for reviews and reporting, but no official cost estimate is provided in public sources (Data unavailable).

Proponents' View#

  • Enables life-saving and essential services in crisis zones while managing risk, by allowing authorizations for health, education, livelihoods, human rights, immigration/resettlement, and support to federal operations (s.83.032(1)).
  • Reduces the chilling effect on aid by adding a clear humanitarian exception for impartial humanitarian organizations using reasonable efforts to minimize benefits to terrorist groups (s.83.03(4)).
  • Builds in safeguards: ministerial referrals, security reviews, conditions, coverage of third parties, 5-year limits, suspension/revocation powers (s.83.032(5)-(12), (13)-(14); s.83.037).
  • Improves clarity for applicants with a duty on the Minister to say if an authorization is needed for a specific area and activity (s.83.032(2.1)).
  • Aligns with UN sanctions; activities benefiting listed entities can be authorized only with confirmation from the Foreign Affairs Minister that international law allows it (s.83.032(15)).
  • Provides transparency and accountability through annual public reporting and scheduled comprehensive reviews with corrective plans (s.83.0391(1)-(3)).

Opponents' View#

  • Process may be slow and complex, delaying urgent aid: multi-minister referrals, detailed applications, security reviews, and a 30-day wait after refusals unless circumstances change (s.83.032(5)-(11); s.83.033(2)).
  • Privacy risks: broad set of agencies can share information, including tax and excise data, for security reviews; although limited to what is reasonably relevant, the scope may still be intrusive (s.83.038(1)-(2); Income Tax Act s.241(4)(d)(xxiii)).
  • The “control” test may capture areas where benefits to a terrorist group are indirect, raising compliance burdens for legitimate programs (s.83.032(2)).
  • Authorizations are not statutory instruments, so they are not published like regulations, which may reduce transparency of conditions and decisions (s.83.032(16)).
  • Judicial review relies on secret evidence and summaries, which may limit an applicant’s ability to fully challenge a refusal (s.83.0391(2)(a)-(e)).
  • No explicit statutory timelines for approvals beyond “reasonable time” for refusal notices, creating uncertainty for planning and deployment (s.83.033(1)).
National Security
Foreign Affairs
Criminal Justice
Immigration
Healthcare
Education
Social Welfare

Votes

Vote 89156

Division 371 · Agreed To · June 12, 2023

For (91%)
Against (8%)
Paired (1%)