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

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

• 2 (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  • (i) [Repealed, 2019, c. 13, s. 115]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  people of Canada[Repealed, 2019, c. 13, s. 115]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.

Purpose and Principles

Marginal note:Purpose

3 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.

Marginal note:Guiding principles

4 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.

Disclosure of Information

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.

Marginal note:No presumption

7 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

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.

Marginal note:Non-derogation

8 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

• 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.

• 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.

Powers of Governor in Council

Marginal note:Regulations

• 10 (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.