section 83.05(3)


If the Minister of Public Safety does not respond to a request to remove someone from the list of designated entities within 60 days, it is assumed that the individual will remain on the list.


83.05(3) If the Minister does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity.


Section 83.05(3) of the Criminal Code of Canada describes the procedure that will be followed if the Minister charged with administering the Terrorism Financing Act does not make a decision on an application concerning a listed entity within 60 days of receiving it. The Act mandates that such applications must be made to the Minister by individuals or groups who are listed as entities that are believed to be involved in terrorist financing activities. The 60-day time limit is provided to ensure that prompt decisions are made on applications for de-listing entities that may have been added to the list by mistake, or that have reformed and are no longer actively involved in terrorism financing activities. If the Minister does not make a decision within this period, Section 83.05(3) states that the Minister will be deemed to have decided that the entity concerned should remain listed. This provision is crucial because it ensures that entities that pose a threat to public safety are dealt with swiftly, thereby preventing the financing of terrorism. The de-listing of entities that have ceased to engage in terrorist financing activities also ensures that they are able to participate in legitimate business activities. In summary, Section 83.05(3) is an essential part of the Criminal Code of Canada, as it helps to promote public safety, prevent the financing of terrorism and ensure that entities are not unfairly penalized for past wrongs if they have taken the necessary corrective measures.


Section 83.05(3) of the Criminal Code of Canada is a provision that deals with the listing and de-listing of entities in Canada that are believed to be linked to terrorism. This section outlines the consequences of the Minister's failure to make a decision within 60 days of receiving an application to de-list an entity from the list of designated terrorist entities. The first thing to note about this provision is the importance of listing and de-listing entities in the context of counter-terrorism efforts. Designating a group, organization, or individual as a terrorist entity allows the Canadian government to freeze their assets, restrict their movements, and prosecute them under specific terrorism-related offenses. At the same time, de-listing an entity can have significant implications for their ability to operate or fundraise in Canada, and can also impact their international standing. Against this backdrop, Section 83.05(3) sets out a clear process for entities to apply for de-listing, which is a necessary legal safeguard to ensure that designations are based on sound evidence and not motivated by political or other considerations. However, the provision also recognizes that these applications must be dealt with in a timely manner, hence the 60-day deadline for the Minister to make a decision. The significance of the "deemed decision" clause in Section 83.05(3) lies in two key aspects. First, it places a clear obligation on the Minister to respond to applications within a reasonable timeframe, which is consistent with administrative law principles of procedural fairness and natural justice. By deeming the Minister to have decided to recommend that the applicant remain a listed entity, the provision ensures that entities are not left in a regulatory limbo, uncertain of their status, and unable to challenge their designation in court. Second, the provision also introduces a measure of accountability and transparency into the listing and de-listing process. If the Minister fails to make a decision within the specified timeframe, the entity can appeal to the Federal Court of Canada to have the deeming provision reviewed. This provides an independent mechanism for entities to challenge the Minister's decision, and ensures that any delays or omissions are subject to judicial scrutiny. Overall, Section 83.05(3) is a critical component of Canada's legal framework for combatting terrorism. By setting out a clear process for entities to challenge their designation, the provision helps to strike a balance between security concerns and individual rights and freedoms. At the same time, by imposing a deadline on the Minister and providing a mechanism for judicial review, the provision helps to ensure that the listing and de-listing process is transparent, accountable, and fair.


Section 83.05(3) of the Criminal Code of Canada grants the Minister of Public Safety and Emergency Preparedness significant power to decide whether an individual or entity should remain listed as a terrorist organization. In cases where the Minister does not make a decision within 60 days after the receipt of the application, the applicant is automatically deemed to remain a listed entity. This section poses several strategic considerations for individuals and organizations that are looking to be delisted. Firstly, it is crucial to understand that the burden of proof falls on the applicant to establish that they no longer meet the threshold for designation as a terrorist entity. The applicant is required to provide evidence showing that they have renounced violence, abandoned their terrorist activities, and no longer pose a threat to Canadian national security. Secondly, given the significant power vested in the Minister, it is essential to adopt a strategic approach when communicating with government officials. Applicants may need to navigate a complex web of bureaucratic and regulatory hurdles, engage with policymakers, and manage media attention. Effective communication with the government and the public can mitigate the reputational damage that may accompany a terrorist designation. Thirdly, timing is a key strategic consideration when dealing with section 83.05(3). Applicants must carefully plan their application submission to allow sufficient time for the Minister to review the evidence and make a decision. Moreover, applicants must be mindful of the political environment and the potential impact of global events on the Canadian government's decision-making process. Fourthly, applicants must consider the benefits and risks of public versus private lobbying. Public lobbying, which may include public relations campaigns and media appearances, can raise essential awareness about the applicant's position and generate public support. Private lobbying provides greater confidentiality and can allow for more candid discussion with government officials. In light of these strategic considerations, some potential strategies that could be employed include: 1. Developing credible and compelling evidence demonstrating that the applicant no longer meets the threshold for designation as a terrorist entity. 2. Engaging with government officials strategically and proactively. This may involve building relationships with policymakers and leveraging existing channels of communication. 3. Conducting effective public relations campaigns to raise awareness about the applicant's position and generate public support for the delisting process. 4. Timing the delisting application submission strategically in relation to global events and the political environment in Canada. 5. Balancing public and private lobbying efforts to maximize the effectiveness of the communication strategy while minimizing reputational damage. In conclusion, section 83.05(3) of the Criminal Code of Canada has significant implications for individuals and entities seeking to be delisted as terrorist organizations. Strategic considerations such as evidence development, communication, timing, and lobbying can significantly impact the outcome of the delisting process. Employing effective strategies can significantly enhance the likelihood of success in delisting applications.