Skip to content

C-41

Details

Full Title
An Act to amend the Criminal Code and to make consequential amendments to other Acts
First Reading
March 9, 2023, Parliament 44, Session 1
Type
House Government Bill
Full Content
https://www.parl.ca/legisinfo/en/bill/44-1/c-41

Summary

Bill C-41 amends the Criminal Code to allow the Minister of Public Safety and Emergency Preparedness to authorize certain people to perform specific activities in areas controlled by terrorist groups. These activities would normally be against the law under the Criminal Code, which prohibits providing property or services to terrorist groups. The goal is to enable humanitarian and other essential services in high-risk areas, while also ensuring strong security measures are in place.

The bill sets up a process where individuals or organizations can apply for authorization to carry out activities like providing health services, education, or immigration assistance in terrorist-controlled areas. The Minister of Foreign Affairs or the Minister of Citizenship and Immigration (or both) must first refer the application, confirming that the activity is needed and that the applicant can manage funds transparently. The Public Safety Minister then conducts a security review to assess the risk of the activity benefiting a terrorist group.

If the Public Safety Minister believes the benefits of the activity outweigh the risks, and that there's no practical way to avoid some benefit to the terrorist group, they can grant authorization. The authorization can include specific terms and conditions and is valid for up to five years. The Minister can also suspend, revoke, or amend the authorization if necessary. The bill also includes measures for judicial review of decisions and requires the Public Safety Minister to report annually to Parliament on the operation of these provisions, including the number of applications received, approved, or denied, as well as a comprehensive review every five years. The Bill also makes consequential amendments to the Canada Business Corporations Act, the Excise Tax Act, the Income Tax Act, and the Excise Act, 2001.

In addition to the Criminal Code amendments, Bill C-41 also amends several other acts, including the Canada Business Corporations Act, the Excise Tax Act, the Income Tax Act, and the Excise Act, 2001. These changes are related to information sharing and security reviews conducted under the new Criminal Code provisions. Specifically, they allow officials to share information with each other for the purposes of these security reviews.

Issues

Social Services

  • Healthcare

    The bill allows authorized individuals and organizations to provide or support the provision of health services in geographic areas controlled by terrorist groups. This aims to address health needs in regions where access to care is limited due to the presence of such groups.

Social Justice

  • Immigration and Integration

    The bill allows authorized individuals and organizations to provide or support immigration-related services, including resettlement and safe passage, in geographic areas controlled by terrorist groups.

  • Income Inequality and Poverty

    The bill allows authorized individuals and organizations to provide or support programs to help people earn a living in geographic areas controlled by terrorist groups.

Security and Defense

  • Crime

    Bill C-41 amends the Criminal Code to allow the Minister of Public Safety and Emergency Preparedness to authorize certain activities in areas controlled by terrorist groups that would otherwise be illegal under laws against supporting terrorism. It sets up a process for applying for and granting these authorizations, conducting security reviews, and reporting to Parliament. It also outlines when an authorization can be suspended or revoked. The bill creates new offences related to providing property or services to terrorist groups.

  • Defense

    The bill allows for government departments and agencies, including the Department of National Defence and the Canadian Armed Forces, to conduct operations in terrorist-controlled areas if authorized by the Minister of Public Safety and Emergency Preparedness.