Section 83.032 — Criminal Code: Authorization

On application, the Public Safety Minister may authorize an eligible person to carry out, in a specified geographic area that is controlled by a terrorist group, a specified activity that would otherwise be prohibited under subsection 83.03(2) —

or a specified class of such activities — for any specified purpose from among the following: providing or supporting the provision of health services; providing or supporting the provision of education services; providing or supporting the provision of programs to assist individuals in earning a livelihood; providing or supporting the provision of programs to promote or protect human rights; providing or supporting the provision of services related to immigration, including services related to the resettlement of individuals and the safe passage of individuals from one geographic area to another; and supporting any operations of a federal minister or a department or agency of the Government of Canada that are conducted for a purpose other than one set out in any of paragraphs (a) to (e). For the purposes of this section, a terrorist group controls a geographic area if the group exerts sufficient influence over the area such that the carrying out, in the area, of an activity involving property or financial or other related services could reasonably be expected to result in the terrorist group using or benefiting from the property or services, in whole or in part. The Public Safety Minister must, at the request of an eligible person or an organization, provide to that person or organization information in writing about whether an authorization is required to carry out an activity or a class of activities in a given geographic area. The Public Safety Minister must not, under subsection (1), authorize the making by a federal minister or a department or agency of the Government of Canada of a grant or contribution that is for the purpose of supporting any operations referred to in paragraph (1)(f). A person is eligible to be granted an authorization if they are in Canada or are a Canadian outside Canada. The Public Safety Minister may consider an application only if it has been referred to them by the Minister of Citizenship and Immigration, if the application is in respect of only the purpose set out in paragraph (1)(e); the Minister of Foreign Affairs, if the application is not in respect of the purpose set out in paragraph (1)(e); or both of those Ministers, if the application is in respect of two or more purposes set out in subsection (1), at least one of which is the purpose set out in paragraph (1)(e). The Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be, may refer an application if they are satisfied that the application meets any requirements set out in the regulations; the geographic area identified in the application is controlled by a terrorist group; the activity proposed in the application is to be carried out for any of the purposes set out in paragraphs (1)(a) to (f); that activity responds to a real and important need in that geographic area; and the applicant is capable of administering funds, and reporting on that administration, in a manner that is transparent and accountable, in circumstances in which a terrorist group may use or benefit from property or financial or other related services. An application may be deemed to be withdrawn by the Minister or Ministers who may refer it if the applicant has, within 60 days after the day on which the request is made, failed to comply with a request to provide information that ought to have been included in the application. The Minister who refers an application must, as part of the referral, set out their assessment of how the application meets the conditions set out in paragraphs (6)(a) to (e). The Public Safety Minister may grant the authorization under subsection (1) if they are satisfied that there is no practical way to carry out the activity proposed in the application without creating a risk that, in whole or in part, a terrorist group will use or benefit from the property or financial or related services at issue; and the benefits of carrying out of that activity outweigh that risk, taking into account the referral of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or both of those Ministers, as the case may be, the security review conducted by the Public Safety Minister under subsection (10), any mitigation measures to minimize that risk, and any other terms and conditions, that may be included in the authorization, and any other factor that the Public Safety Minister considers appropriate in the circumstances. In conducting a security review, the Public Safety Minister must assess the impact of granting the authorization on the financing of terrorism, and in doing so may consider, among other factors, whether the applicant or any person who is to be involved in carrying out the activity proposed in the application has any links to a terrorist group; the likelihood that the applicant or any person who is to be involved in carrying out that activity will be acting for the benefit of, at the direction of or in association with a terrorist group in carrying out the activity; and whether the applicant or any person who is to be involved in carrying out that activity is being or has been investigated for having committed a terrorism offence or has ever been charged with a terrorism offence. The Public Safety Minister may request that the applicant provide any additional information in respect of the application in the form and manner, and within the period, that are specified by that Minister. If the applicant fails, without reasonable excuse, to provide the information within the specified period, that Minister may deem the application to be withdrawn. The Public Safety Minister may make the authorization subject to any terms and conditions that, in their opinion, are required. An authorization applies not only to the person to whom it is granted but also to any other person involved, directly or indirectly, in carrying out a specified activity in accordance with the authorization. An authorization is valid for the period of not more than five years that is specified in the authorization. In the case of an activity proposed in an application in the course of which property or financial or other related services will be used by or will benefit a listed entity that is subject to a sanctions regime established by the Security Council of the United Nations, the Public Safety Minister may authorize the carrying out of that activity only if the Minister of Foreign Affairs confirms that the Security Council did not intend that the activity be prohibited; the Security Council or a Committee established by the Security Council has approved the activity in advance; or in the opinion of the Minister of Foreign Affairs, there is no obstacle in international law to granting the authorization. The Statutory Instruments Act does not apply to an authorization.