Security of Canada Information Sharing Act (S.C. 2015, c. 20, s. 2)

Act current to 2017-07-03 and last amended on 2015-08-01. Previous Versions

Security of Canada Information Sharing Act

S.C. 2015, c. 20, s. 2

Assented to 2015-06-18

An Act to encourage and facilitate information sharing between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada

[Enacted by section 2 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/2015-64.]
Preamble

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 shared — 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 information in respect of activities that undermine the security of Canada is to be shared in a manner that is consistent with the Canadian Charter of Rights and Freedoms and the protection of privacy;

And whereas Government of Canada institutions are accountable for the effective and responsible sharing of information;

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

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

activity that undermines the security of Canada

activité portant atteinte à la sécurité du Canada

activity that undermines the security of Canada means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:

  • (a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations, public safety, the administration of justice, diplomatic or consular relations, or the economic or financial stability of Canada;

  • (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) interference with critical infrastructure;

  • (g) interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act;

  • (h) an activity that causes serious harm to a person or their property because of that person’s association with Canada; and

  • (i) an activity that takes place in Canada and undermines the security of another state.

For greater certainty, it does not include advocacy, protest, dissent and artistic expression. (activité portant atteinte à la sécurité du Canada)

Government of Canada institution

institution fédérale

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

population du Canada

people of Canada means

Purpose and Principles

Marginal note:Purpose

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

Marginal note:Guiding principles

 Information sharing under this Act is to be guided by the following principles:

  • (a) effective and responsible information sharing protects Canada and Canadians;

  • (b) respect for caveats on and originator control over shared information is consistent with effective and responsible information sharing;

  • (c) entry into information-sharing arrangements is appropriate when Government of Canada institutions share information regularly;

  • (d) the provision of feedback as to how shared 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 sharing; 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.

Disclosure of Information

Marginal note:Disclosure of information
  •  (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 their delegate, if the information is relevant to the recipient institution’s jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada, including in respect of their detection, identification, analysis, prevention, investigation or disruption.

  • Marginal note:Further disclosure under subsection (1)

    (2) Information received under subsection (1) may be further disclosed under that subsection.

Marginal note:Further disclosure — other than under this Act

 For greater certainty, the use and further disclosure, other than under this Act, of information that is disclosed under subsection 5(1) are neither authorized nor prohibited by this Act, but must be done in accordance with the law, including any legal requirements, restrictions and prohibitions.

Marginal note:No 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.

Marginal note:Non-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.

Protection from Civil Proceedings

Marginal note:No civil proceedings

 No civil proceedings lie against any person for their disclosure in good faith of information under this Act.

Powers of Governor in Council

Marginal note:Regulations
  •  (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) requiring records to be kept and retained in respect of that disclosure; and

    • (c) respecting the manner in which those records are kept and retained.

  • Marginal note:Amendments to Schedules 1 and 2

    (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.

  • Marginal note:Amendments to Schedule 3

    (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, including in respect of their detection, identification, analysis, prevention, investigation or disruption.

SCHEDULE 1(Section 2 and subsection 10(2))Excluded Institutions

SCHEDULE 2(Section 2 and subsection 10(2))Additional Institutions

  • Office of the Communications Security Establishment Commissioner

    Bureau du commissaire du Centre de la sécurité des télécommunications

SCHEDULE 3(Subsections 5(1) and 10(3))

RECIPIENT GOVERNMENT OF CANADA INSTITUTIONS AND THEIR HEADS

Column 1Column 2
Recipient InstitutionHead
  • Canada Border Services Agency

    Agence des services frontaliers du Canada

President of the Canada Border Services Agency
  • Canada Revenue Agency

    Agence du revenu du Canada

Commissioner of Revenue
  • Canadian Armed Forces

    Forces armées canadiennes

Chief of the Defence Staff
  • Canadian Food Inspection Agency

    Agence canadienne d’inspection des aliments

President of the Canadian Food Inspection Agency
  • Canadian Nuclear Safety Commission

    Commission canadienne de sûreté nucléaire

President of the Canadian Nuclear Safety Commission
  • Canadian Security Intelligence Service

    Service canadien du renseignement de sécurité

Director of the Canadian Security Intelligence Service
  • Communications Security Establishment

    Centre de la sécurité des télécommunications

Chief of the Communications Security Establishment
  • Department of Citizenship and Immigration

    Ministère de la Citoyenneté et de l’Immigration

Minister of Citizenship and Immigration
  • Department of Finance

    Ministère des Finances

Minister of Finance
  • Department of Foreign Affairs, Trade and Development

    Ministère des Affaires étrangères, du Commerce et du Développement

Minister of Foreign Affairs
  • Department of Health

    Ministère de la Santé

Minister of Health
  • Department of National Defence

    Ministère de la Défense nationale

Minister of National Defence
  • Department of Public Safety and Emergency Preparedness

    Ministère de la Sécurité publique et de la Protection civile

Minister of Public Safety and Emergency Preparedness
  • Department of Transport

    Ministère des Transports

Minister of Transport
  • Financial Transactions and Reports Analysis Centre of Canada

    Centre d’analyse des opérations et déclarations financières du Canada

Director of the Financial Transactions and Reports Analysis Centre of Canada
  • Public Health Agency of Canada

    Agence de la santé publique du Canada

President of the Public Health Agency of Canada
  • Royal Canadian Mounted Police

    Gendarmerie royale du Canada

Commissioner of the Royal Canadian Mounted Police
  • 2015, c. 20, ss. 2 "Sch. 3", 9.
Date modified: