Avoiding Complicity in Mistreatment by Foreign Entities Act (S.C. 2019, c. 13, s. 49.1)

Marginal note:Authority to issue

• 3 (1) The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of

  • (a) the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;

  • (b) the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and

  • (c) the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.

• Marginal note:Obligation to issue

  (2) The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads:

  • (a) the Chief of the Defence Staff;

  • (b) the Deputy Minister of National Defence;

  • (c) the Deputy Minister of Foreign Affairs;

  • (d) the Commissioner of the Royal Canadian Mounted Police;

  • (e) the Director of the Canadian Security Intelligence Service;

  • (f) the President of the Canada Border Services Agency; and

  • (g) the Chief of the Communications Security Establishment.

• Marginal note:Directions not statutory instruments

  (3) Directions are not statutory instruments within the meaning of the Statutory Instruments Act.