Critical Cyber Systems Protection Act (S.C. 2026, c. 9, s. 11)

Marginal note:Dwelling-house

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  42 (1) In the case of a dwelling-house, the inspector is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

• The following provision is not in force.

  Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

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    (a) the dwelling-house is a place referred to in subsection 41(1);

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    (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 41(1); and

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    (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• The following provision is not in force.

  Marginal note:Use of force

  (3) In executing the warrant, the inspector is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Marginal note:Internal audit order

• The following provision is not in force.

  43 (1) Subject to any regulations, the Minister of Industry or a person designated by that Minister may, in writing, order a designated operator to, within a specified period and in accordance with the order, conduct an internal audit of its practices, books and other records to determine whether the designated operator is in compliance with any provision of this Act or the regulations.

• The following provision is not in force.

  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:Report

44 The designated operator must comply with the order and provide to the Minister of Industry or the person designated by that Minister, within the period specified in the order, a report of the results of the audit, including, if the designated operator determines that there is non-compliance with any provision of this Act or the regulations, the nature of the non-compliance and any measures that have been taken or will be taken by the designated operator to comply with the provision.

Marginal note:Power to order termination of contravention

• The following provision is not in force.

  45 (1) If the Minister of Industry or a person designated by that Minister believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, they may order a designated operator to

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    (a) stop doing something that is or is likely to be in contravention of that provision or cause it to be stopped; or

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    (b) take any measure that is necessary in order to comply with the requirements of that provision or to mitigate the effects of non-compliance.

• The following provision is not in force.

  Marginal note:Time and manner

  (2) The order must specify the time within which and the manner in which the designated operator may request a review of the order by the Minister of Industry.

• The following provision is not in force.

  Marginal note:Exemption from Statutory Instruments Act

  (3) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Marginal note:Compliance with order

• The following provision is not in force.

  46 (1) A designated operator that is subject to an order made under section 45 must comply with it.

• The following provision is not in force.

  Marginal note:Notification of compliance

  (2) Once the designated operator complies with the order, it must notify the Minister of Industry or the person designated by that Minister, without delay, of its compliance.

Marginal note:Request for review

• The following provision is not in force.

  47 (1) An order that is made under section 45 must be reviewed by the Minister of Industry at the written request of the designated operator that is subject to the order.

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  Marginal note:Contents and time for making request

  (2) The request must be made within the time and in the manner specified in the order and state the grounds for review and set out the evidence that supports those grounds.

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  Marginal note:Order in effect

  (3) The order continues to apply during a review unless the Minister of Industry decides otherwise.

Marginal note:Decision on completion of review

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  48 (1) On completion of a review, the Minister of Industry must confirm, amend, revoke or cancel the order and provide notice of the decision to the designated operator and the reasons for it.

• The following provision is not in force.

  Marginal note:Deemed decision

  (2) If the Minister of Industry does not make a decision in respect of the request within 90 days after the day on which the request is received, or within any further period that is agreed on by the Minister of Industry and the designated operator, the Minister of Industry is deemed to have confirmed the order.

Marginal note:Designation

• The following provision is not in force.

  49 (1) The Bank may designate persons or classes of persons for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations.

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  Marginal note:Certificate of designation

  (2) Each person designated under subsection (1) must be provided with a certificate of designation in a form established by the Bank and, when entering any place under subsection 50(1), must, on request, produce the certificate to the person in charge of the place.

Marginal note:Authority to enter place — designated person

• The following provision is not in force.

  50 (1) Subject to section 51, the person designated under subsection 49(1) may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter a place, including a conveyance, in which they have reasonable grounds to believe that an activity regulated under this Act is being conducted or any document, information or thing that is relevant to that purpose is located.

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  Marginal note:Powers of entry

  (2) For the purpose referred to in subsection (1), the person designated under subsection 49(1) may

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    (a) examine anything in the place;

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    (b) use any cyber system, or cause it to be used, for the purpose of examining, among other things, any information contained in or available to it;

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    (c) prepare a document, or cause one to be prepared, based on the information;

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    (d) examine any record, report, data or other document and make copies of it or take extracts from it;

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    (e) use any copying equipment in the place or cause it to be used; and

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    (f) remove any document, record or cyber system, or a portion of it, from the place for the purpose of examining it or copying it.

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  Marginal note:Return of document, record or cyber system

  (3) If the person designated under subsection 49(1) removes any document, record or cyber system referred to in paragraph (2)(f), the person so designated must return it to its owner or the person in charge of it, on completion of the examination or copying.

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  Marginal note:Duty to assist

  (4) Every owner or person in charge of a place that is entered by the person designated under subsection 49(1) and every person found in the place must give the person designated under subsection 49(1) all reasonable assistance to enable them to exercise their powers or perform their duties and functions under this Act and provide that person designated under subsection 49(1) with any document or information, or access to any data, that they may reasonably require.

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  Marginal note:Persons accompanying

  (5) The person designated under subsection 49(1) may be accompanied by any other person that they believe is necessary to help them exercise their powers or perform their duties and functions under this section.

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  Marginal note:Entering private property

  (6) The person designated under subsection 49(1) and any person accompanying the person so designated may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).

Marginal note:Dwelling-house

• The following provision is not in force.

  51 (1) In the case of a dwelling-house, the person designated under subsection 49(1) is not authorized to enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

• The following provision is not in force.

  Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing the person designated under subsection 49(1) and named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

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    (a) the dwelling-house is a place referred to in subsection 50(1);

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    (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 50(1); and

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    (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that it will be refused or to believe that consent to entry cannot be obtained from the occupant.

• The following provision is not in force.

  Marginal note:Use of force

  (3) In executing the warrant, the person designated under subsection 49(1) is not entitled to use force unless the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Marginal note:Internal audit order

• The following provision is not in force.

  52 (1) Subject to any regulations, the Bank may, in writing, order a designated operator to, within a specified period and in accordance with the order, conduct an internal audit of its practices, books and other records to determine whether the designated operator is in compliance with any provision of this Act or the regulations.

• The following provision is not in force.

  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:Report

53 The designated operator must comply with the order and provide to the Bank, within the period specified in the order, a report of the results of the audit, including, if the designated operator determines that there is non-compliance with any provision of this Act or the regulations, the nature of the non-compliance and any measures that have been taken or will be taken by the designated operator to comply with the provision.

Marginal note:Power to order termination of contravention

• The following provision is not in force.

  54 (1) If a person designated by the Bank believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, the person so designated may order a designated operator to

  • The following provision is not in force.

    (a) stop doing something that is or is likely to be in contravention of that provision or cause it to be stopped; or

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    (b) take any measure that is necessary in order to comply with the requirements of that provision or to mitigate the effects of non-compliance.

• The following provision is not in force.

  Marginal note:Time and manner

  (2) The order must specify the time within which and manner in which the designated operator may request a review of the order by the person designated by the Bank.

• The following provision is not in force.

  Marginal note:Exemption from Statutory Instruments Act

  (3) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Marginal note:Compliance with order

• The following provision is not in force.

  55 (1) A designated operator that is subject to an order made under section 54 must comply with it.

• The following provision is not in force.

  Marginal note:Notification of compliance

  (2) Once the designated operator complies with the order, it must notify the person designated by the Bank referred to in subsection 54(1), without delay, of its compliance.