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
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:
Marginal note:Short title
2 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;
(e) proliferation of nuclear, chemical, radiological or biological weapons;
(f) interference with critical infrastructure;
(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
Government of Canada institution means
people of Canada
population du Canada
people of Canada means
Purpose and Principles
3 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
4 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
5 (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
6 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
7 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.
8 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
9 No civil proceedings lie against any person for their disclosure in good faith of information under this Act.
Powers of Governor in Council
10 (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
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.
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