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Security of Canada Information Disclosure Act (S.C. 2015, c. 20, s. 2)

Act current to 2020-07-28 and last amended on 2019-08-01. Previous Versions

Security of Canada Information Disclosure Act

S.C. 2015, c. 20, s. 2

Assented to 2015-06-18

An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada

[Enacted by section 2 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/2015-64.]
Preamble

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 disclosed — 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 Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy;

And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;

  • 2015, c. 20, s. 2 “Preamble”
  • 2019, c. 13, s. 113

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Security of Canada Information Disclosure Act.

  • 2015, c. 20, s. 2 “1”
  • 2019, c. 13, s. 114(E)

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Act.

    activity that undermines the security of Canada

    activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes

    • (a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;

    • (b) changing or unduly influencing a government in Canada by force or unlawful means;

    • (c) espionage, sabotage or covert foreign-influenced activities;

    • (d) terrorism;

    • (e) proliferation of nuclear, chemical, radiological or biological weapons;

    • (f) significant or widespread interference with critical infrastructure;

    • (g) significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and

    • (h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)

    • (i) [Repealed, 2019, c. 13, s. 115]

    Government of Canada institution

    Government of Canada institution means

    • (a) a government institution — as defined in section 3 of the Privacy Act — other than one that is listed in Schedule 1; or

    • (b) an institution that is listed in Schedule 2. (institution fédérale)

    people of Canada

    people of Canada[Repealed, 2019, c. 13, s. 115]

  • Marginal note:Exception

    (2) For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.

  • 2015, c. 20, s. 2 “2”
  • 2019, c. 13, s. 89
  • 2019, c. 13, s. 115

Purpose and Principles

Marginal note:Purpose

 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.

  • 2015, c. 20, s. 2 “3”
  • 2019, c. 13, s. 116(E)

Marginal note:Guiding principles

 The disclosure of information under this Act is to be guided by the following principles:

  • (a) effective and responsible disclosure of information protects Canada and Canadians;

  • (b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;

  • (c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;

  • (d) the provision of feedback as to how disclosed 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 disclosure; 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.

  • 2015, c. 20, s. 2 “4”
  • 2019, c. 13, s. 117

Disclosure of Information

Marginal note:Disclosure of information to institution listed in Schedule 3

  •  (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.

  • 2015, c. 20, s. 2 “5”
  • 2019, c. 13, s. 118

Marginal note:Requirement to destroy or return

  •  (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.

  • 2019, c. 13, s. 118

Marginal note:Clarification

 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.

  • 2015, c. 20, s. 2 “6”
  • 2019, c. 13, s. 118

Marginal note:No presumption

 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.

Marginal note:Clarification

 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.

  • 2019, c. 13, s. 118.1

Marginal note:Non-derogation

 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.

Record Keeping

Marginal note:Obligation — disclosing institution

  •  (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.

  • 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.

  • 2015, c. 20, s. 2 “9”
  • 2019, c. 13, s. 119

Powers of Governor in Council

Marginal note:Regulations

  •  (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

    • (a) respecting the manner of disclosure under section 5;

    • (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.

  • 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.

  • 2015, c. 20, s. 2 “10”
  • 2019, c. 13, s. 120

SCHEDULE 1(Section 2 and subsection 10(2))Excluded Institutions

SCHEDULE 2(Section 2 and subsection 10(2))Additional Institutions

    • 2015, c. 20, s. 2 “Sch. 2”
    • 2019, c. 13, s. 73

    SCHEDULE 3(Subsections 5(1) and 10(3))

    Recipient Government of Canada Institutions and Their Heads

    Column 1Column 2
    Recipient InstitutionHead
    • Canada Border Services Agency

      Agence des services frontaliers du Canada

    President of the Canada Border Services Agency
    • Canada Revenue Agency

      Agence du revenu du Canada

    Commissioner of Revenue
    • Canadian Armed Forces

      Forces armées canadiennes

    Chief of the Defence Staff
    • Canadian Food Inspection Agency

      Agence canadienne d’inspection des aliments

    President of the Canadian Food Inspection Agency
    • Canadian Nuclear Safety Commission

      Commission canadienne de sûreté nucléaire

    President of the Canadian Nuclear Safety Commission
    • Canadian Security Intelligence Service

      Service canadien du renseignement de sécurité

    Director of the Canadian Security Intelligence Service
    • Communications Security Establishment

      Centre de la sécurité des télécommunications

    Chief of the Communications Security Establishment
    • Department of Citizenship and Immigration

      Ministère de la Citoyenneté et de l’Immigration

    Minister of Citizenship and Immigration
    • Department of Finance

      Ministère des Finances

    Minister of Finance
    • Department of Foreign Affairs, Trade and Development

      Ministère des Affaires étrangères, du Commerce et du Développement

    Minister of Foreign Affairs
    • Department of Health

      Ministère de la Santé

    Minister of Health
    • Department of National Defence

      Ministère de la Défense nationale

    Minister of National Defence
    • Department of Public Safety and Emergency Preparedness

      Ministère de la Sécurité publique et de la Protection civile

    Minister of Public Safety and Emergency Preparedness
    • Department of Transport

      Ministère des Transports

    Minister of Transport
    • Financial Transactions and Reports Analysis Centre of Canada

      Centre d’analyse des opérations et déclarations financières du Canada

    Director of the Financial Transactions and Reports Analysis Centre of Canada
    • Public Health Agency of Canada

      Agence de la santé publique du Canada

    President of the Public Health Agency of Canada
    • Royal Canadian Mounted Police

      Gendarmerie royale du Canada

    Commissioner of the Royal Canadian Mounted Police
    • 2015, c. 20, ss. 2 “Sch. 3”, 9

    RELATED PROVISIONS

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