Thank you, Chair.
This is an amendment to clause 4. Clause 4 in the bill proposes a five-year sunset. This was a recommendation that was made by the House of Commons subcommittee that studied these provisions during the parliamentary review of the Anti-terrorism Act and that period is reflected in the bill.
As you can see from the clause, there are a number of steps that are envisioned before the sunset clause possibly can come into effect. Obviously there may be a vote by the House of Commons and the Senate to extend the provisions, but there are three steps in particular that need to take place before the sunset clause can possibly come into effect.
The first is a comprehensive review. As one would see in subclause 4(1), proposed subsection 83.32(1.1) states that “a comprehensive review of sections 83.28, 83.29 and 83.3 and their operation shall be undertaken”—so it's a mandatory clause—“by any committee of the Senate, of the House of Commons, or of both Houses of Parliament that may be designated...”.
Secondly, there's to be a report. The committee or committees that undertake that review “shall”—it is again mandatory—“within a year after a review is undertaken...or within any further time that may be authorized by the Senate, the House of Commons, or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including its recommendation with respect to the extending the operation” of those provisions.
Thirdly, the “Governor in Council may, by order, establish the text of a resolution”, which could then be debated by both Houses of Parliament. It specifies that the period of extension “may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament”. In addition, there's an annual review by ministers, which also includes a clear statement and explanation indicating whether or not the provisions remain warranted.
So in considering a possible change to the sunset clause--to two years--one might also want to consider the fact that there are a number of compulsory steps that need to be taken before that sunset clause possibly takes effect.
That is all included in clause 4. We just wanted to bring that to everyone's attention.