- (a) at any time during a proceeding, the judge must, on the request of the Minister, hear information or other evidence in the absence of the public and of the appellant and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person;
- (b) the judge must ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person;
- (c) throughout the proceeding, the judge must ensure that the appellant is provided with a summary of information and other evidence that enables them to be reasonably informed of the Minister’s case but that does not include anything that, in the judge’s opinion, would be injurious to national security or endanger the safety of any person if disclosed;
- (d) the judge must provide the appellant and the Minister with an opportunity to be heard;
- (e) the judge may receive into evidence anything that, in the judge’s opinion, is reliable and appropriate, even if it is inadmissible in a court of law, and may base a decision on that evidence;
- (f) the judge may base a decision on information or other evidence even if a summary of that information or other evidence has not been provided to the appellant;
- (g) if the judge determines that information or other evidence provided by the Minister is not relevant or if the Minister withdraws the information or evidence, the judge must not base a decision on that information or other evidence and must return it to the Minister; and
- (h) the judge must ensure the confidentiality of all information or other evidence that the Minister withdraws.
- 2015, c. 20, s. 11 “16”
- 2019, c. 13, s. 135
Marginal note: Protection of information on appeal
17 Section 16 applies to any appeal of a decision made under that section and to any further appeal, with any necessary modifications.
General
Marginal note: Information destruction — Minister
- 18 (1) Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act , the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act:
- (a) any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3);
- (b) any information that is provided to the Minister under subsection 6(4); and
- (c) any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).
- (a) information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and
- (b) information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4).
- 2015, c. 20, s. 11 “18”
- 2019, c. 13, s. 136
Marginal note: Rights preserved
19 For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful.
- 2015, c. 20, s. 11 “19”
- 2019, c. 13, s. 136
Prohibitions
Marginal note: Prohibition — list
- 20 (1) It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13.
- Marginal note: Prohibition — general (2) It is prohibited to disclose whether or not any individual is or was a listed person, except
- (a) for the purposes of sections 10 and 10.3 to 16;
- (b) as required to enforce any law of Canada or a province or to carry out a lawful activity;
- (c) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information;
- (d) in the case where an individual discloses that he or she is or was a listed person; or
- (e) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
- (a) for the purposes of sections 6 and 30;
- (b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; or
- (c) if the Minister has disclosed under section 12.1 that the individual is not a listed person, in the case where anyone further discloses that information.
- 2015, c. 20, s. 11 “20”
- 2019, c. 13, s. 137
Marginal note: Prohibition — persons and goods
- 21 (1) If a direction made under section 9 requires a person to be screened, that person must not enter or remain in an aircraft or sterile area unless the person permits a screening, or screenings, to be carried out as required by the direction, of
- (a) their person; or
- (b) the goods that the person intends to take or have placed on board the aircraft or, as the case may be, the goods that the person has taken or has had placed on board the aircraft or has taken into the sterile area.
Marginal note: Obstruction
22 A person must not wilfully obstruct any person who is exercising or performing their powers, duties or functions under this Act.
Offences and Punishment
Marginal note: Contravention
- 23 (1) Every person who contravenes section 6, 20 or 21 or a direction made under section 9 or any provision of any regulation made under this Act is guilty of an offence punishable on summary conviction.
- Marginal note: Contravention of section 22 (2) Every person who contravenes section 22 is guilty of
- (a) an indictable offence; or
- (b) an offence punishable on summary conviction.
Marginal note: Defence
24 A person is not to be found to have contravened a provision of this Act, other than section 22, or of its regulations, or a direction made under section 9, if the person exercised all due diligence to prevent the contravention.
Prosecution
Marginal note: Limitation period
25 No proceedings by way of summary conviction under this Act are to be instituted after 12 months from the day on which the subject matter of the proceedings arose.
Marginal note: Proof of documents
26 In any action or proceeding under this Act, any document purporting to be certified by the Minister or the Minister of Transport to be a true copy of a document made, given or issued under this Act is, without proof of the signature or of the official character of the person appearing to have signed the document, evidence
- (a) of the original document of which it purports to be a copy;
- (b) of the fact that the original document was made, given or issued by or by the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and
- (c) of the fact that the original document was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.
Marginal note: Document entries as proof
27 In any action or proceeding under this Act, an entry in any record required under any provision of this Act or its regulations to be kept is, in the absence of evidence to the contrary, proof of the matters stated in it as against the person who made the entry or was required to keep the record.
