Reporting and monitoring of compliance

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Once an authorization is granted, authorization holders are required to proactively report any new information, including but not limited to, the change of or addition of persons to whom the authorization applies, including implementing partners or third-party service providers, principals, change of addresses, contact information, financial information and/or any other amendments to the original approved application.

Further assessment may be conducted upon receipt of the information while the authorization remains in place unless the information identifies a risk which may lead the Public Safety Minister to suspend, restrict or revoke the authorization. A failure to proactively disclose any changes may result in the revocation of the authorization.

It is the responsibility of the authorization holders to ensure the activities they undertake in the geographic area controlled by a terrorist group fall within the scope of the authorization and that they comply with any terms or conditions of the authorization.

All authorizations are subject to record-keeping requirements. Parties must keep accurate, complete, and legible records, for a minimum of five (5) years, on paper or electronically, of any activity purporting to have been covered by an authorization.

Authorizations may also contain reporting requirements. Reporting requirements will be determined on a case-by-case basis and will be stipulated in the authorization.

Reporting requirements are used to verify that authorization holders are compliant with the terms and conditions of an authorization.

Reporting requirements will typically require that a party report to Public Safety Canada with details and supporting evidence of:

  • The amount(s) of property or financial or other related services transferred that would result in benefit to a terrorist group;
  • The payment/shipment route used; and
  • The date on which the property or financial or other related services was transferred.

Authorization holders can contact authorization83.03autorisation@ps-sp.gc.ca for reporting forms and requirements.

It is the responsibility of authorization holders to comply with any terms and conditions of the authorization. The Public Safety Minister may, at any time after granting an authorization, suspend or revoke it or restrict its scope if the authorization holder:

  • Fails to comply with the authorization and any terms and conditions;
  • Fails to comply with any reporting requirements or provide additional information requested; and/or
  • The Public Safety Minister determines that the benefits of carrying out the activity no longer outweigh the risk of terrorist financing.

Specific conditions, mitigation measures, and reporting requirements will be stipulated in each authorization issued.

In addition to reporting and record keeping requirements, authorizations may be subject to further requirements in order to mitigate the risks associated with an authorized activity.

Where organizations are implementing programming or activities funded through a Government of Canada department, the organizations are responsible to adhere to the reporting requirements included in their funding agreement.

Periodic security review

Authorization holders may be subject to periodic updates of the security review in respect of any person, including organizations, to whom the authorization applies.

New information submitted as part of the reporting requirements could be assessed to further determine if: an individual or an organization has links to a terrorist group; is acting in association with one; or, if there are factors that demonstrate that an individual or an organization is not sufficiently capable of administering funds in circumstances involving terrorist groups, and reporting on that administration in a transparent and accountable manner.

Authorization holders can contact authorization83.03autorisation@ps-sp.gc.ca for reporting forms and requirements.

Amendment, revocation or suspension

The Public Safety Minister would be able to amend any granted or renewed authorization, except if the proposed modification alters the essential nature of the application. This includes if the proposed modification would change the purpose for which the authorization was granted.

Requests for an amendment of an authorization should be submitted to Public Safety Canada as soon as it becomes known to the authorization holder that an amendment is required.

Full supporting information should be provided to authorization83.03autorisation@ps-sp.gc.ca.

If multiple amendments need to be made to a single authorization, these should be included in a single request.

Authorization holders are responsible for identifying any amendments to an authorization that may be deemed necessary and submitting an application or amendment request accordingly.

The Public Safety Minister can, at any time, suspend or revoke an authorization or restrict its scope if:

  • A person to whom the authorization applies fails to comply with the authorization, including any terms and conditions included in it;
  • The person to whom the authorization is granted fails, without reasonable excuse, to comply with any reporting requirements or to provide any information requested for additional security reviews; or
  • The Public Safety Minister is no longer satisfied that the conditions for granting the authorization are met (e.g. the benefit outweighs the risk of terrorist financing).

Renewal of the application

To renew an authorization (if necessary), applicants must apply prior to the expiry of the authorization via request to authorization83.03autorisation@ps-sp.gc.ca.

If an authorization has expired, the Public Safety Minister may renew the authorization only, if in their opinion, there are exceptional circumstances that justify why the application for renewal was not made before it expired. In this case, the shield from criminal liability expires when the authorization expires and only starts again on the date when the renewal was made. Renewal applications where there are exceptional circumstances to justify a renewal after expiry would be submitted to authorization83.03autorisation@ps-sp.gc.ca.

If no such exceptional circumstances exist, the applicant would be required to submit a new authorization application.

Failure to comply

Failing to comply with any of the terms and conditions of an authorization may result in the revocation, suspension, amendment, or termination of an authorization.

An authorization provides a shield from criminal liability for activities that may otherwise contravene subsection 83.03(2) of the Criminal Code. A person's failure to act within the bounds of an authorization could result in a breach of subsection 83.03(2), which, if the person is found guilty, is an indictable offence and carries a prison term of up to 10 years.

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