National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
PART 52015, c. 20, s. 2Security of Canada Information Sharing Act (continued)
Amendments to the Act (continued)
118 Sections 5 and 6 of the Act are replaced by the following:
Marginal note:Disclosure of information to institution listed in Schedule 3
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 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.
Marginal note:Statement regarding accuracy and reliability
(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.
Marginal note:Requirement to destroy or return
5.1 (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.
Marginal note:Exception
(2) Subsection (1) does not apply if the retention of the information is required by law.
Marginal note:Canadian Security Intelligence Service Act
(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.
Marginal note:Clarification
6 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.
118.1 The Act is amended by adding the following after section 7:
Marginal note:Clarification
7.1 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.
119 (1) Section 9 of the Act and the heading before it are replaced by the following:
Record Keeping
Marginal note:Obligation — disclosing institution
9 (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.
Marginal note:Obligation — recipient institution
(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.
(2) Section 9 of the Act is amended by adding the following after subsection (2):
Marginal note:Copy to National Security and Intelligence Review Agency
(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.
120 (1) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:
(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) Subsection 10(3) of the Act is replaced by the following:
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.
Consequential Amendments
R.S., c. E-15Excise Tax Act
121 The portion of subsection 295(5.05) of the Excise Tax Act before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(5.05) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
R.S., c. F-15Department of Fisheries and Oceans Act
122 Paragraph 4(3)(a) of the Department of Fisheries and Oceans Act is replaced by the following:
(a) relates to an activity that undermines the security of Canada, as defined in subsection 2(1) of the Security of Canada Information Disclosure Act; and
R.S., c. 1 (2nd Supp.)Customs Act
123 Paragraph 107(4)(i) of the English version of the Customs Act is replaced by the following:
(i) is disclosed in accordance with the Security of Canada Information Disclosure Act.
R.S., c. 1 (5th Supp.)Income Tax Act
124 The portion of subsection 241(9) of the Income Tax Act before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(9) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
1995, c. 25Chemical Weapons Convention Implementation Act
125 Paragraph 17(3)(c) of the English version of the Chemical Weapons Convention Implementation Act is replaced by the following:
(c) in the case where the information or documents are disclosed in accordance with the Security of Canada Information Disclosure Act.
2002, c. 22Excise Act, 2001
126 The portion of subsection 211(6.5) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(6.5) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
PART 62015, c. 20, s. 11Secure Air Travel Act
Amendments to the Act
127 Subsection 6(2) of the Secure Air Travel Act is replaced by the following:
Marginal note:Duty to provide information to Minister
(2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control:
(a) their surname, first name and middle names;
(b) their date of birth;
(c) their gender; and
(d) any other information that is prescribed by regulation.
Marginal note:Deemed fulfilment of duty
(3) If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection.
Marginal note:Duty to provide information on request
(4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control.
Marginal note:Limitation — Minister and Minister of Transport
(5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person.
Marginal note:Limitation — other persons or entities
(6) Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act.
128 The Act is amended by adding the following after section 7:
Marginal note:Exemption power — urgent situations, etc.
7.1 (1) The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion,
(a) the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and
(b) the exemption is not likely to adversely affect transportation security.
Marginal note:Exemption from Statutory Instruments Act
(2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.
Marginal note:Exemption power — tests
7.2 The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security.
129 (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:List
8 (1) The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will
(2) Section 8 of the Act is amended by adding the following after subsection (3):
Marginal note:Exemption from Statutory Instruments Act
(4) The list is exempt from the application of the Statutory Instruments Act.
130 Sections 11 and 12 of the Act are replaced by the following:
Marginal note:Pre-flight verification of identity
10.1 The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide.
Marginal note:Identification of listed persons
10.2 The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft,
(a) collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and
(b) collect the information that is provided under subsection 6(4).
Marginal note:Disclosure of information provided under subsection 6(2)
10.3 (1) The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3)
(a) for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and
(b) for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information.
Marginal note:Listed persons
(2) Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person.
Marginal note:Disclosure of other information
11 Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3).
Marginal note:Foreign states
12 The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement.
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