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
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:
Marginal note:Short title
- 2015, c. 20, s. 2 “1”
- 2019, c. 13, s. 114(E)
- 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;
(e) proliferation of nuclear, chemical, radiological or biological weapons;
(f) significant or widespread interference with critical infrastructure;
(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
- people of Canada
people of Canada[Repealed, 2019, c. 13, s. 115]
(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
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.
- 2015, c. 20, s. 2 “3”
- 2019, c. 13, s. 116(E)
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.
- 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
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.
- 2015, c. 20, s. 2 “5”
- 2019, c. 13, s. 118
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.
(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.
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.
- 2015, c. 20, s. 2 “6”
- 2019, c. 13, s. 118
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.
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.
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