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List of Entities |
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Establish- ment of list
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83.05 (1) The Governor in Council may, by
regulation, establish a list on which the
Governor in Council may place any entity if,
on the recommendation of the Solicitor
General of Canada, the Governor in Council is
satisfied that there are reasonable grounds to
believe that
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Recommendat
ion
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(1.1) The Solicitor General may make a
recommendation referred to in subsection (1)
only if the Solicitor General has reasonable
grounds to believe that the entity to which the
recommendation relates is an entity referred
to in paragraph (1)(a) or (b).
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Application to
Solicitor
General
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(2) On application in writing by a listed
entity, the Solicitor General shall decide
whether there are reasonable grounds to
recommend to the Governor in Council that
the applicant no longer be a listed entity.
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Deeming
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(3) If the Solicitor General does not make a
decision on the application referred to in
subsection (2) within 60 days after receipt of
the application, the Solicitor General is
deemed to have decided to recommend that
the applicant remain a listed entity.
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Notice of the
decision to the
applicant
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(4) The Solicitor General must give notice
without delay to the applicant of any decision
taken or deemed to have been taken respecting
the application referred to in subsection (2).
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Judicial
review
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(5) Within 60 days after the receipt of the
notice of the decision referred to in subsection
(4), the applicant may apply to a judge for
judicial review of the decision.
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Reference
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(6) When an application is made under
subsection (5), the judge shall, without delay
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Evidence
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(6.1) The judge may receive into evidence
anything that, in the opinion of the judge, is
reliable and appropriate, even if it would not
otherwise be admissible under Canadian law,
and may base his or her decision on that
evidence.
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Publication
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(7) The Solicitor General shall cause to be
published, without delay, in the Canada
Gazette notice of a final order of a court that
the applicant no longer be a listed entity.
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New
application
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(8) A listed entity may not make another
application under subsection (2), except if
there has been a material change in its
circumstances since the time when the entity
made its last application or if the Solicitor
General has completed the review under
subsection (9).
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Review of list
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(9) Two years after the establishment of the
list referred to in subsection (1), and every two
years after that, the Solicitor General shall
review the list to determine whether there are
still reasonable grounds, as set out in
subsection (1), for an entity to be a listed entity
and make a recommendation to the Governor
in Council as to whether the entity should
remain a listed entity. The review does not
affect the validity of the list.
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Completion of
review
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(10) The Solicitor General shall complete
the review as soon as possible and in any
event, no later than 120 days after its
commencement. After completing the review,
the Solicitor General shall cause to be
published, without delay, in the Canada
Gazette notice that the review has been
completed.
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Definition of
``judge''
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(11) In this section, ``judge'' means the
Chief Justice of the Federal Court or a judge
of the Trial Division of that Court designated
by the Chief Justice.
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Admission of
foreign
information
obtained in
confidence
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83.06 (1) For the purposes of subsection
83.05(6), in private and in the absence of the
applicant or any counsel representing it,
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Return of
information
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(2) The information shall be returned to
counsel representing the Solicitor General and
shall not be considered by the judge in making
the determination under paragraph
83.05(6)(d), if
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Use of
information
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(3) If the judge decides that the information
is relevant but that its disclosure would injure
national security or endanger the safety of
persons, the information shall not be disclosed
in the statement mentioned in paragraph
83.05(6)(b), but the judge may base the
determination under paragraph 83.05(6)(d) on
it.
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Mistaken
identity
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83.07 (1) An entity claiming not to be a
listed entity may apply to the Solicitor
General of Canada for a certificate stating that
it is not a listed entity.
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Issuance of
certificate
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(2) The Solicitor General shall, within 15
days after receiving the application, issue a
certificate if satisfied that the applicant is not
a listed entity.
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Freezing of Property |
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Freezing of
property
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83.08 (1) No person in Canada and no
Canadian outside Canada shall knowingly
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No civil
liability
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(2) A person who acts reasonably in taking,
or omitting to take, measures to comply with
subsection (1) shall not be liable in any civil
action arising from having taken or omitted to
take the measures, if the person took all
reasonable steps to satisfy themself that the
relevant property was owned or controlled by
or on behalf of a terrorist group.
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Exemptions
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83.09 (1) The Solicitor General of Canada
or a person designated by the Solicitor
General may authorize any person in Canada
or any Canadian outside Canada to carry out
a specified activity or transaction that is
prohibited by section 83.08, or a class of such
activities or transactions.
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Ministerial
authorization
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(2) The Solicitor General or a person
designated by the Solicitor General may make
the authorization subject to any terms and
conditions that are required in their opinion,
and may amend, suspend, revoke or reinstate
it.
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Existing
equities
maintained
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(3) All secured and unsecured rights and
interests in the frozen property that are held by
persons, other than terrorist groups or their
agents, are entitled to the same ranking that
they would have been entitled to had the
property not been frozen.
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Third party
involvement
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(4) If a person has obtained an authorization
under subsection (1), any other person
involved in carrying out the activity or
transaction, or class of activities or
transactions, to which the authorization
relates is not subject to sections 83.08, 83.1
and 83.11 if the terms or conditions of the
authorization that are imposed under
subsection (2), if any, are met.
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Disclosure
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83.1 (1) Every person in Canada and every
Canadian outside Canada shall disclose
forthwith to the Commissioner of the Royal
Canadian Mounted Police and to the Director
of the Canadian Security Intelligence Service
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Immunity
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(2) No criminal or civil proceedings lie
against a person for disclosure made in good
faith under subsection (1).
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Audit
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83.11 (1) The following entities must
determine on a continuing basis whether they
are in possession or control of property owned
or controlled by or on behalf of a listed entity:
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Monthly
report
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(2) Subject to the regulations, every entity
referred to in paragraphs (1)(a) to (g) must
report, within the period specified by
regulation or, if no period is specified,
monthly, to the principal agency or body that
supervises or regulates it under federal or
provincial law either
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Immunity
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(3) No criminal or civil proceedings lie
against a person for making a report in good
faith under subsection (2).
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Regulations
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(4) The Governor in Council may make
regulations
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Offences -
freezing of
property,
disclosure or
audit
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83.12 (1) Every one who contravenes any of
sections 83.08, 83.1 and 83.11 is guilty of an
offence and liable
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No
contravention
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(2) No person contravenes section 83.1 if
they make the disclosure referred to in that
section only to the Commissioner of the Royal
Canadian Mounted Police or the Director of
the Canadian Security Intelligence Service.
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Seizure and Restraint of Property |
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Seizure and
restraint of
assets
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83.13 (1) Where a judge of the Federal
Court, on an ex parte application by the
Attorney General, after examining the
application in private, is satisfied that there
are reasonable grounds to believe that there is
in any building, receptacle or place any
property in respect of which an order of
forfeiture may be made under subsection
83.14(5), the judge may issue
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Contents of
application
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(1.1) An affidavit in support of an
application under subsection (1) may be
sworn on information and belief, and,
notwithstanding the Federal Court Rules,
1998, no adverse inference shall be drawn
from a failure to provide evidence of persons
having personal knowledge of material facts.
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Appointment
of manager
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(2) On an application under subsection (1),
at the request of the Attorney General, if a
judge is of the opinion that the circumstances
so require, the judge may
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Appointment
of Minister of
Public Works
and
Government
Services
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(3) When the Attorney General of Canada
so requests, a judge appointing a person under
subsection (2) shall appoint the Minister of
Public Works and Government Services.
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Power to
manage
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(4) The power to manage or otherwise deal
with property under subsection (2) includes
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Application
for
destruction
order
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(5) Before a person appointed under
subsection (2) destroys property referred to in
paragraph (4)(b), he or she shall apply to a
judge of the Federal Court for a destruction
order.
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Notice
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(6) Before making a destruction order in
relation to any property, a judge shall require
notice in accordance with subsection (7) to be
given to, and may hear, any person who, in the
opinion of the judge, appears to have a valid
interest in the property.
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Manner of
giving notice
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(7) A notice under subsection (6) shall be
given in the manner that the judge directs or as
provided in the rules of the Federal Court.
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Order
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(8) A judge may order that property be
destroyed if he or she is satisfied that the
property has little or no financial or other
value.
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When
management
order ceases
to have effect
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(9) A management order ceases to have
effect when the property that is the subject of
the management order is returned to an
applicant in accordance with the law or
forfeited to Her Majesty.
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Application to
vary
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(10) The Attorney General may at any time
apply to a judge of the Federal Court to cancel
or vary an order or warrant made under this
section, other than an appointment made
under subsection (3).
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Procedure
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(11) Subsections 462.32(4) and (6), sections
462.34 to 462.35 and 462.4, subsections
487(3) and (4) and section 488 apply, with
such modifications as the circumstances
require, to a warrant issued under paragraph
(1)(a).
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Procedure
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(12) Subsections 462.33(4) and (6) to (11)
and sections 462.34 to 462.35 and 462.4 apply,
with such modifications as the circumstances
require, to an order issued under paragraph
(1)(b).
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