By Terrance S. Carter, Nancy E. Claridge, Sean S. Carter and Lynne M. Westerhof

After significant advocacy from Canadian non-governmental organizations (“NGOs”) and the broader charitable sector, the federal government has adopted legislation to amend the anti-terrorist financing provisions in section 83.03 of the Criminal Code so that Canadian charities may provide humanitarian aid and other assistance to those in need. Bill C-41 “An Act to amend the Criminal Code and to make consequential amendments to other Acts” received Royal Assent on June 20, 2023, and both amends section 83.03 of the Criminal Code to provide a blanket exception allowing “humanitarian assistance activities”, as well as introducing additional provisions relating to when organizations may apply for an authorization to carry out certain activities in a geographic area controlled by a terrorist group and processes related to this authorization.

This Bulletin outlines some of the key changes made to Bill C-41 in its third reading in the House of Commons which have now received Royal Assent and sets out ongoing issues with anti-terrorist financing legislation that the charitable sector and the federal government should consider going forward. For the balance of this Bulletin, please see AML/ATF and Charity Law Alert No. 52.

​Read the June 2023 Charity & NFP Law Update