C 51file

Bill C-51 Amendments

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Bill C-51 passed with the help of the Liberal Party while at the same time committing to amend it further if they form a majority government. Now that Trudeau has been elected it is important to understand the amendments that have already been made to Bill C-51.

Here is a side-by-side comparison of the amended sections of the Bill with the relevant subsections they apply to:

 

First Reading

JANUARY 30, 2015

SUMMARY

Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take any necessary actions to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.

PART 1

SECURITY OF CANADA INFORMATION SHARING ACT

Enactment of Act

INTERPRETATION

Definitions

“activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:

For greater certainty, it does not include lawful advocacy, protest, dissent and artistic expression.

DISCLOSURE OF INFORMATION

Disclosure of information

5. (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or their delegate, if the information is relevant to the recipient institution’s jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.

Further disclosure — other than under this Act

6. For greater certainty, nothing in this Act prevents a head, or their delegate, who receives information under subsection 5(1) from, in accordance with the law, using that information, or further disclosing it to any person, for any purpose.

PART 2

SECURE AIR TRAVEL ACT

Enactment of Act

List
8. (1) The Minister may establish a list on which is placed the given name, the surname, any known alias, the date of birth and the gender of any person who the Minister has reasonable grounds to suspect will
(a) engage or attempt to engage in an act that would threaten transportation security; or
(b) travel by air for the purpose of committing an act or omission that
(i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition “terrorism offence” in section 2 of that Act, or
(ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).

 

DIRECTIONS

Directions

9. (1) The Minister may direct an air carrier to do anything that, in the Minister’s opinion, is reasonable and necessary to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,

(a) the denial of transportation to a person; or
(b) the screening of a person before they enter a sterile area of an airport or board an aircraft.

 

PART 4

R.S., c. C-23

CANADIAN SECURITY INTELLIGENCE SERVICE ACT

42. The Act is amended by adding the following after section 12:

Warrant

12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.

Amended

APRIL 2, 2015

SUMMARY

Part 2 enacts the Secure Air Travel Act in order to provide a new legislative framework for identifying and responding to persons who may engage in an act that poses a threat to transportation security or who may travel by air for the purpose of committing a terrorism offence. That Act authorizes the Minister of Public Safety and Emergency Preparedness to establish a list of such persons and to direct air carriers to take a specific action to prevent the commission of such acts. In addition, that Act establishes powers and prohibitions governing the collection, use and disclosure of information in support of its administration and enforcement. That Act includes an administrative recourse process for listed persons who have been denied transportation in accordance with a direction from the Minister of Public Safety and Emergency Preparedness and provides appeal procedures for persons affected by any decision or action taken under that Act. That Act also specifies punishment for contraventions of listed provisions and authorizes the Minister of Transport to conduct inspections and issue compliance orders. Finally, this Part makes consequential amendments to the Aeronautics Act and the Canada Evidence Act.

PART 1

SECURITY OF CANADA INFORMATION SHARING ACT

Enactment of Act

INTERPRETATION

Definitions

“activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:

For greater certainty, it does not include ______ advocacy, protest, dissent and artistic expression.

DISCLOSURE OF INFORMATION

Disclosure of information

5. (1) Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or their delegate, if the information is relevant to the recipient institution’s jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.

Further disclosure — other than under this Act

6. For greater certainty, the use and further disclosure, other than under this Act, of information that is disclosed under subsection 5(1) are neither authorized nor prohibited by this Act, but must be done in accordance with the law, including any legal requirements, restrictions and prohibitions.

PART 2

SECURE AIR TRAVEL ACT

Enactment of Act

List
8. (1) The Minister may establish a list on which is placed the given name, the surname, any known alias, the date of birth and the gender of any person who the Minister has reasonable grounds to suspect will
(a) engage or attempt to engage in an act that would threaten transportation security; or
(b) travel by air for the purpose of committing an act or omission that
(i) is an offence under section 83.18, 83.19 or 83.2 of the Criminal Code or an offence referred to in paragraph (c) of the definition “terrorism offence” in section 2 of that Act, or
(ii) if it were committed in Canada, would constitute an offence referred to in subparagraph (i).

 

DIRECTIONS

Directions

9. (1) The Minister may direct an air carrier to take a specific, reasonable and necessary action to prevent a listed person from engaging in any act set out in subsection 8(1) and may make directions respecting, in particular,

(a) the denial of transportation to a person; or
(b) the screening of a person before they enter a sterile area of an airport or board an aircraft.

 

PART 4

R.S., c. C-23

CANADIAN SECURITY INTELLIGENCE SERVICE ACT

42. The Act is amended by adding the following after section 12:

Warrant

12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.

Clarification

(4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.

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