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

Marginal note:Dwelling-house

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

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  Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspection officer 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 68(1);

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    (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 68(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.

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  Marginal note:Use of force

  (3) In executing the warrant, the inspection officer 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

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  70 (1) Subject to any regulations, an inspection officer who is expressly authorized by the Chief Executive Officer to make orders under this section may, by order in writing, require 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.

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  Marginal note:Notice and report

  (2) The inspection officer who makes an order under this section must, as soon as possible, report the circumstances and terms of the order to the Commission.

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  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:Report

71 The designated operator must comply with the order and provide to the inspection officer 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:Notice of non-compliance

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  72 (1) If an inspection officer has reasonable grounds to believe that a designated operator or other person has contravened any provision of this Act or the regulations made under this Act, the inspection officer may issue a notice of non-compliance to the designated operator or other person.

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  Marginal note:Contents of notice

  (2) The notice of non-compliance must be made in writing and must set out

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    (a) the name of the designated operator or other person to which the notice is directed;

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    (b) the provision of this Act or of the regulations made under it that is alleged to have been contravened or the order or decision that is alleged to have been contravened;

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    (c) the relevant facts surrounding the alleged contravention; and

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    (d) the period within which the designated operator or other person may provide comments in response to the notice.

Marginal note:Power to order termination of contravention

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  73 (1) If the inspection officer who is expressly authorized by the Chief Executive Officer to make orders under this section believes on reasonable grounds that there is or is likely to be a contravention of any provision of this Act or the regulations, the inspection officer 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.

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  Marginal note:Time and manner

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

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  Marginal note:Notice and report

  (3) An inspection officer who makes an order under this section must, as soon as possible,

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    (a) notify, in writing, the designated operator of the terms of the order and the reasons for the order; and

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    (b) report the circumstances and terms of the order to the Commission.

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  Marginal note:Exemption from Statutory Instruments Act

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

Marginal note:Compliance with order

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  74 (1) A designated operator that is subject to an order made under section 73 must comply with it.

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  Marginal note:Notification of compliance

  (2) Once the designated operator complies with the order, it must notify the inspection officer, without delay, of its compliance.

Marginal note:Powers of Commission

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  75 (1) The Commission may designate persons or classes of persons to conduct reviews under this section.

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  Marginal note:Request for review

  (2) An order that is made under section 73 must be reviewed by the Commission or the person designated under subsection (1) 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

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

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  Marginal note:Order in effect

  (4) The order continues to apply during a review unless the Commission or the person designated under subsection (1) decides otherwise.

Marginal note:Decision on completion of review

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  76 (1) On completion of a review, the Commission or the person designated under subsection 75(1) must confirm, amend, revoke or cancel the order and provide notice of the decision to the designated operator and the reasons for it.

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  Marginal note:Deemed decision

  (2) If the Commission or the person designated under subsection 75(1) 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 Commission or the person designated under subsection 75(1) and the designated operator, the Commission or the person designated under subsection 75(1) is deemed to have confirmed the order.

Marginal note:Delegation

77 The Minister of Transport may delegate, subject to any restrictions or limitations that the Minister of Transport may specify, any of the Minister of Transport’s powers, duties and functions under this Act — other than the power to delegate under this section — to any person or class of persons.

Marginal note:Authority to enter place — Minister of Transport

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  78 (1) Subject to section 79, the Minister of Transport 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 the Minister of Transport has 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 Minister of Transport 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 Minister of Transport removes any document, record or cyber system referred to in paragraph (2)(f), the Minister of Transport 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 Minister of Transport and every person found in the place must give the Minister of Transport all reasonable assistance to enable the Minister of Transport to exercise the Minister of Transport’s powers or perform the Minister of Transport’s duties and functions under this Act and provide that Minister with any document or information, or access to any data, that the Minister of Transport may reasonably require.

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  Marginal note:Persons accompanying

  (5) The Minister of Transport may be accompanied by any other person that the Minister of Transport believes is necessary to help the Minister of Transport exercise the Minister of Transport’s powers or perform the Minister of Transport’s duties and functions under this section.

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  Marginal note:Entering private property

  (6) The Minister of Transport and any person accompanying the Minister of Transport 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.

  79 (1) In the case of a dwelling-house, the Minister of Transport 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 Minister of Transport 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 78(1);

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    (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 78(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 Minister of Transport 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.

  80 (1) Subject to any regulations, the Minister of Transport 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

81 The designated operator must comply with an order and provide to the Minister of Transport, 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.