Security of Information Act (R.S.C., 1985, c. O-5)

Act current to 2016-06-21 and last amended on 2014-11-28. Previous Versions

Security of Information Act

R.S.C., 1985, c. O-5

An Act respecting the security of information

Short Title

Marginal note:Short title

 This Act may be cited as the Security of Information Act.

  • R.S., 1985, c. O-5, s. 1;
  • 2001, c. 41, s. 25.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    Attorney General

    procureur général

    Attorney General means the Attorney General of Canada and includes his or her lawful deputy; (procureur général)

    communicate

    communiquer

    communicate includes to make available; (communiquer)

    document

    document

    document includes part of a document; (document)

    foreign economic entity

    entité économique étrangère

    foreign economic entity means

    • (a) a foreign state or a group of foreign states, or

    • (b) an entity that is controlled, in law or in fact, or is substantially owned, by a foreign state or a group of foreign states; (entité économique étrangère)

    foreign entity

    entité étrangère

    foreign entity means

    • (a) a foreign power,

    • (b) a group or association of foreign powers, or of one or more foreign powers and one or more terrorist groups, or

    • (c) a person acting at the direction of, for the benefit of or in association with a foreign power or a group or association referred to in paragraph (b); (entité étrangère)

    foreign power

    puissance étrangère

    foreign power means

    • (a) the government of a foreign state,

    • (b) an entity exercising or purporting to exercise the functions of a government in relation to a territory outside Canada regardless of whether Canada recognizes the territory as a state or the authority of that entity over the territory, or

    • (c) a political faction or party operating within a foreign state whose stated purpose is to assume the role of government of a foreign state; (puissance étrangère)

    foreign state

    État étranger

    foreign state means

    • (a) a state other than Canada,

    • (b) a province, state or other political subdivision of a state other than Canada, or

    • (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a state other than Canada; (État étranger)

    model

    modèle

    model includes design, pattern and specimen; (modèle)

    munitions of war

    munitions de guerre

    munitions of war means arms, ammunition, implements or munitions of war, military stores or any articles deemed capable of being converted thereinto or made useful in the production thereof; (munitions de guerre)

    offence under this Act

    infraction à la présente loi

    offence under this Act includes any act, omission or other thing that is punishable under this Act; (infraction à la présente loi)

    office under Her Majesty

    fonction relevant de Sa Majesté

    office under Her Majesty includes any office or employment in or under any department or branch of the government of Canada or of any province, and any office or employment in, on or under any board, commission, corporation or other body that is an agent of Her Majesty in right of Canada or any province; (fonction relevant de Sa Majesté)

    prohibited place

    endroit prohibé

    prohibited place means

    • (a) any work of defence belonging to or occupied or used by or on behalf of Her Majesty, including arsenals, armed forces establishments or stations, factories, dockyards, mines, minefields, camps, ships, aircraft, telegraph, telephone, wireless or signal stations or offices, and places used for the purpose of building, repairing, making or storing any munitions of war or any sketches, plans, models or documents relating thereto, or for the purpose of getting any metals, oil or minerals of use in time of war,

    • (b) any place not belonging to Her Majesty where any munitions of war or any sketches, plans, models or documents relating thereto are being made, repaired, obtained or stored under contract with, or with any person on behalf of, Her Majesty or otherwise on behalf of Her Majesty, and

    • (c) any place that is for the time being declared by order of the Governor in Council to be a prohibited place on the ground that information with respect thereto or damage thereto would be useful to a foreign power; (endroit prohibé)

    senior police officer

    senior police officer[Repealed, 2001, c. 41, s. 26]

    sketch

    croquis

    sketch includes any mode of representing any place or thing; (croquis)

    terrorist activity

    activité terroriste

    terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code; (activité terroriste)

    terrorist group

    groupe terroriste

    terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste)

  • Marginal note:Her Majesty

    (2) In this Act, any reference to Her Majesty means Her Majesty in right of Canada or any province.

  • Marginal note:Communicating or receiving

    (3) In this Act,

    • (a) expressions referring to communicating or receiving include any communicating or receiving, whether in whole or in part, and whether the sketch, plan, model, article, note, document or information itself or the substance, effect or description thereof only is communicated or received;

    • (b) expressions referring to obtaining or retaining any sketch, plan, model, article, note or document include the copying of, or causing to be copied, the whole or any part of any sketch, plan, model, article, note or document; and

    • (c) expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document.

  • Marginal note:Facilitation

    (4) For greater certainty, subsection 83.01(2) of the Criminal Code applies for the purposes of the definitions “terrorist activity” and “terrorist group” in subsection (1).

  • R.S., 1985, c. O-5, s. 2;
  • 2001, c. 41, s. 26.
Marginal note:Prejudice to the safety or interest of the State
  •  (1) For the purposes of this Act, a purpose is prejudicial to the safety or interests of the State if a person

    • (a) commits, in Canada, an offence against the laws of Canada or a province that is punishable by a maximum term of imprisonment of two years or more in order to advance a political, religious or ideological purpose, objective or cause or to benefit a foreign entity or terrorist group;

    • (b) commits, inside or outside Canada, a terrorist activity;

    • (c) causes or aggravates an urgent and critical situation in Canada that

      • (i) endangers the lives, health or safety of Canadians, or

      • (ii) threatens the ability of the Government of Canada to preserve the sovereignty, security or territorial integrity of Canada;

    • (d) interferes with a service, facility, system or computer program, whether public or private, or its operation, in a manner that has significant adverse impact on the health, safety, security or economic or financial well-being of the people of Canada or the functioning of any government in Canada;

    • (e) endangers, outside Canada, any person by reason of that person’s relationship with Canada or a province or the fact that the person is doing business with or on behalf of the Government of Canada or of a province;

    • (f) damages property outside Canada because a person or entity with an interest in the property or occupying the property has a relationship with Canada or a province or is doing business with or on behalf of the Government of Canada or of a province;

    • (g) impairs or threatens the military capability of the Canadian Forces, or any part of the Canadian Forces;

    • (h) interferes with the design, development or production of any weapon or defence equipment of, or intended for, the Canadian Forces, including any hardware, software or system that is part of or associated with any such weapon or defence equipment;

    • (i) impairs or threatens the capabilities of the Government of Canada in relation to security and intelligence;

    • (j) adversely affects the stability of the Canadian economy, the financial system or any financial market in Canada without reasonable economic or financial justification;

    • (k) impairs or threatens the capability of a government in Canada, or of the Bank of Canada, to protect against, or respond to, economic or financial threats or instability;

    • (l) impairs or threatens the capability of the Government of Canada to conduct diplomatic or consular relations, or conduct and manage international negotiations;

    • (m) contrary to a treaty to which Canada is a party, develops or uses anything that is intended or has the capability to cause death or serious bodily injury to a significant number of people by means of

      • (i) toxic or poisonous chemicals or their precursors,

      • (ii) a microbial or other biological agent, or a toxin, including a disease organism,

      • (iii) radiation or radioactivity, or

      • (iv) an explosion; or

    • (n) does or omits to do anything that is directed towards or in preparation of the undertaking of an activity mentioned in any of paragraphs (a) to (m).

  • Marginal note:Harm to Canadian interests

    (2) For the purposes of this Act, harm is caused to Canadian interests if a foreign entity or terrorist group does anything referred to in any of paragraphs (1)(a) to (n).

  • R.S., 1985, c. O-5, s. 3;
  • 2001, c. 41, s. 27.
 
Date modified: