Vol. 149, No. 14 — July 15, 2015

Registration

SI/2015-64 July 15, 2015

ANTI-TERRORISM ACT, 2015

Order Fixing July 1, 2015 and August 1, 2015 as the Days on which Certain Provisions of the Act Come into Force

P.C. 2015-1053 June 30, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness,

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

The Order brings into force three parts of the Anti-terrorism Act, 2015, pursuant to sections 10, 14, and 62 of the Act.

Objective

This Order brings into force the Security of Canada Information Sharing Act and related amendments, the Secure Air Travel Act and two consequential amendments, and amendments to the Immigration and Refugee Protection Act, as included in the Anti-terrorism Act, 2015.

Background

The Anti-terrorism Act, 2015, received royal assent on June 18, 2015.

The Security of Canada Information Sharing Act provides an overarching authority for federal government institutions to share information with designated federal institutions when the information is relevant to their national security jurisdiction or responsibilities. The related amendments to existing legislation (i.e. the Excise Tax Act, the Department of Fisheries and Oceans Act, the Customs Act, the Income Tax Act, the Chemical Weapons Convention Implementation Act, and the Excise Act, 2001) resolve specific barriers to information sharing within the Government of Canada for national security purposes.

The Secure Air Travel Act creates a new stand-alone legal framework that defines ministerial authorities for the Passenger Protect Program, expands the Program mandate, establishes authorities and safeguards with respect to information sharing, and defines the administrative recourse and appeal mechanism for the Program.

The amendments to the Immigration and Refugee Protection Act allow the Minister of Public Safety and Emergency Preparedness and the Minister of Citizenship and Immigration to appeal or have the Court review orders for public disclosure of information immediately during proceedings under Division 9 (Certificates and Protection of Information) of the Immigration and Refugee Protection Act, such as security certificates. The amendments also state what information forms part of security certificates before the Federal Court and in cases involving applications for non-disclosure before the Immigration and Refugee Board.

Implications

On August 1, 2015, the provisions of the Security of Canada Information Sharing Act will come into force, including the authority to share information with designated institutions if it is relevant to their national security jurisdiction or responsibilities. Related amendments addressing specific barriers to information sharing in Government will also come into force on that date.

When the Secure Air Travel Act comes into force on August 1, 2015, the Act will form the authority for the Passenger Protect Program, rather than the Aeronautics Act.

On July 1, 2015, the amendments to the Immigration and Refugee Protection Act will come into force. The amendments will only apply to any proceedings under Division 9 of the Immigration and Refugee Protection Act beginning on or after this date.

Departmental contact

John Davies
Director General
National Security Policy Directorate
Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8