Security of Canada Information Disclosure Act

Contents

Whereas the people of Canada are entitled to live free from threats to their lives and their security;Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly;Whereas there is no more fundamental role for a government than protecting its country and its people;Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state;Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution;Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy;And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1Short title#

This Act may be cited as the Security of Canada Information Disclosure Act.^note

Interpretation

2Definitions#

(1)The following definitions apply in this Act.

activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes

(a)interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;

(b)changing or unduly influencing a government in Canada by force or unlawful means;

(c)espionage, sabotage or covert foreign-influenced activities;

(d)terrorism;

(e)proliferation of nuclear, chemical, radiological or biological weapons;

(f)significant or widespread interference with critical infrastructure;

(g)significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and

(h)conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)

(i)[Repealed, 2019, c. 13, s. 115] (repealed)

Government of Canada institution means

(a)a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or

(b)an institution that is listed in Schedule 2. (institution fédérale)

people of Canada [Repealed, 2019, c. 13, s. 115]

(2)For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.

Purpose and Principles

3Purpose#

The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.^note

4Guiding principles#

The disclosure of information under this Act is to be guided by the following principles:

(a)effective and responsible disclosure of information protects Canada and Canadians;

(b)respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;

(c)entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;

(d)the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and

(e)only those within an institution who exercise its jurisdiction or carry out its responsibilities in respect of activities that undermine the security of Canada ought to receive information that is disclosed under this Act.

^note

Disclosure of Information

5Disclosure of information to institution listed in Schedule 3#

(1)Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that

(a)the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and

(b)the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.

(2)An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.

^note

5.1Requirement to destroy or return#

(1)A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.

(2)Subsection (1) does not apply if the retention of the information is required by law.

(3)Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

^note

6Clarification#

Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.^note

7No presumption#

The act of disclosing information under this Act does not create a presumption

(a)that the disclosing institution is conducting a joint investigation or decision-making process with the recipient institution and therefore has the same obligations, if any, as the recipient institution to disclose or produce information for the purposes of a proceeding; or

(b)that there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an institution that is not a Government of Canada institution.

7.1Clarification#

For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.^note

8Non-derogation#

Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.

Record Keeping

9Obligation — disclosing institution#

(1)Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out

(a)a description of the information;

(b)the name of the individual who authorized its disclosure;

(c)the name of the recipient Government of Canada institution;

(d)the date on which it was disclosed;

(e)a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and

(f)any other information specified by the regulations.

(2)Every Government of Canada institution that receives information under this Act must prepare and keep records that set out

(a)a description of the information;

(b)the name of the institution that disclosed it;

(c)the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;

(d)the date on which it was received by the recipient institution;

(e)whether the information has been destroyed or returned under subsection 5.1(1);

(f)if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;

(g)if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and

(h)any other information specified by the regulations.

(3)Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.

^note

Powers of Governor in Council

10Regulations#

(1)The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations

(a)respecting the manner of disclosure under section 5;

(b)specifying information for the purposes of paragraph 9(1)(f) or (2)(f); and

(c)respecting the manner in which records that are required by subsection 9(1) or (2) are to be prepared and kept and specifying the period during which they are to be kept.

(2)The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.

(3)The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.

Schedule 1 · Excluded Institutions (Section 2 and subsection 10(2))

Schedule 2 · Additional Institutions (Section 2 and subsection 10(2))

Schedule 3 · (Subsections 5(1) and 10(3))

Column 1 | Column 2Recipient Institution | HeadCanada Border Services AgencyAgence des services frontaliers du Canada | President of the Canada Border Services AgencyCanada Revenue AgencyAgence du revenu du Canada | Commissioner of RevenueCanadian Armed ForcesForces armées canadiennes | Chief of the Defence StaffCanadian Food Inspection AgencyAgence canadienne d’inspection des aliments | President of the Canadian Food Inspection AgencyCanadian Nuclear Safety CommissionCommission canadienne de sûreté nucléaire | President of the Canadian Nuclear Safety CommissionCanadian Security Intelligence ServiceService canadien du renseignement de sécurité | Director of the Canadian Security Intelligence ServiceCommunications Security EstablishmentCentre de la sécurité des télécommunications | Chief of the Communications Security EstablishmentDepartment of Citizenship and ImmigrationMinistère de la Citoyenneté et de l’Immigration | Minister of Citizenship and ImmigrationDepartment of FinanceMinistère des Finances | Minister of FinanceDepartment of Foreign Affairs, Trade and DevelopmentMinistère des Affaires étrangères, du Commerce et du Développement | Minister of Foreign AffairsDepartment of HealthMinistère de la Santé | Minister of HealthDepartment of IndustryMinistère de l’Industrie | Minister of IndustryDepartment of National DefenceMinistère de la Défense nationale | Minister of National DefenceDepartment of Public Safety and Emergency PreparednessMinistère de la Sécurité publique et de la Protection civile | Minister of Public Safety and Emergency PreparednessDepartment of TransportMinistère des Transports | Minister of TransportFinancial Transactions and Reports Analysis Centre of CanadaCentre d’analyse des opérations et déclarations financières du Canada | Director of the Financial Transactions and Reports Analysis Centre of CanadaPublic Health Agency of CanadaAgence de la santé publique du Canada | President of the Public Health Agency of CanadaRoyal Canadian Mounted PoliceGendarmerie royale du Canada | Commissioner of the Royal Canadian Mounted Police

Related provisions

— 2019, c. 13, par. 82(1)(e)A reference to the former department in any of the following is deemed to be a reference to the new department:Schedule 3 to the Security of Canada Information Disclosure Act;

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.