Bill C-70: An Act respecting countering foreign interference

Short Title Short title 1 This Act may be cited as the Countering Foreign Interference Act . PART 1 R.S., c. C- 23 Canadian Security Intelligence Service Act Amendments to the Act 2 The heading before section 2 of the French version of the Canadian Security Intelligence Service Act is replaced by the following: Définitions et interprétation 3 The definitions Canadian , dataset , exploitation and query in section 2 of the Act are repealed. 4 The Act is amended by adding the following after section 2: Forms 2. 1 If this Act requires that a form be used, the form may incorporate any variations that the circumstances require. 5 (1) Subsection 7(2) of the Act is replaced by the following: Consultation with Deputy Minister — warrant (2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1, 22.21 or 23 shall consult the Deputy Minister before applying for the warrant or, if applicable, the renewal of the warrant. (2) Section 7 of the Act is amended by adding the following after subsection (2.1): Consultation with Deputy Minister — production order (2.2) The Director or any employee who is designated by the Minister for the purpose of applying for a production order under section 20.4 shall consult the Deputy Minister before applying for the order. 6 Section 10 of the Act is replaced by the following: Oaths 10 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in Schedule 1. 7 The Act is amended by adding the following before section 11.01: Datasets 8 Section 11.01 of the Act is amended by adding the following in alphabetical order: Canadian  in respect of a person, means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. ( Canadien ) dataset  means a collection of information that (a) is characterized by a common subject matter; (b) is stored as an electronic record; (c) contains personal information , as defined in section 3 of the Privacy Act ; and (d) is relevant to the performance of the Service’s duties and functions under any of sections 12 to 16 but cannot be collected or retained under any of those sections. ( ensemble de données ) exploitation  means a computational analysis or series of computational analyses that is performed on one or more collections of information for the purpose of obtaining intelligence that would not otherwise be apparent. ( exploitation ) query  means a specific search or series of specific searches, with respect to a person or entity, that is performed on one or more collections of information for the purpose of obtaining intelligence. ( interrogation ) 9 Section 11.02 of the Act is repealed. 10 Subsections 11.03(1) and (2) of the Act are replaced by the following: Classes — Canadian datasets 11.03 (1) The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized. Criteria (2) The Minister may determine that a class of Canadian datasets is authorized to be collected if the Minister concludes that the querying or exploitation of datasets in the class could lead to results that are relevant to the performance of the Service’s duties and functions under section 12, 12.1, 15 or 16. Maximum period (2.1) An order under subsection (1) is valid for a period of not more than two years. 11 Section 11.05 of the Act is replaced by the following: Collection of datasets 11. 05 The Service may collect a dataset only if it reasonably believes that the dataset (a) is a publicly available dataset; (b) belongs to an approved class; or (c) predominantly relates to non-Canadians who are outside Canada. Collection under section 12, 15 or 16 11. 051 If the Service concludes that information that was collected under section 12, 15 or 16 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion. Collection outside Canada 11.052 (1) As soon as feasible after collecting a dataset under section 11.05 outside Canada, the Service shall either destroy the dataset or provide it to a designated employee for the purposes of section 11.07. Deemed collection date (2) A dataset that is provided to a designated employee under subsection (1) is, for the purposes of section 11.07, deemed to have been collected on the day on which it is provided to the designated employee. Collection in execution of warrant or production order 11.053 (1) If the Service concludes that information that was incidentally collected in the execution of a warrant issued under section 21 or 22.21 or a production order issued under section 20.4 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion. Terms and conditions (2) The terms and conditions of the warrant or production order continue to apply to the dataset. Deemed collection date 11. 054 If a dataset is deemed to have been collected on more than one day under section 11.051, 11.052 or 11.053 or subsection 11.1(3), the dataset is deemed, for the purposes of section 11.07, to have been collected on the latest of those days. 12 (1) Section 11.06 of the Act is amended by adding the following after subsection (1): Delegation (1.1) The Director may delegate the designation power set out in subsection (1) to an employee. (2) Subsection 11.06(2) of the English version of the Act is replaced by the following: Statutory Instruments Act (2) For greater certainty, the designation of an employee under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act . 13 (1) The portion of subsection 11.07(1) of the Act before paragraph (a) is replaced by the following: Evaluation period — datasets 11.07 (1) If the Service collects a dataset under section 11.05, a designated employee shall, as soon as feasible but no later than the 180th day after the day on which the dataset was collected, evaluate the dataset and confirm if it (2) Subsection 11.07(2) of the Act is replaced by the following: Deeming (1.1) If a dataset that is confirmed to be a foreign dataset includes information that relates to individuals within Canada or Canadians and the Service decides to treat it as a Canadian dataset, that dataset is deemed to be a Canadian dataset. Evaluation — class (2) In the case of a Canadian dataset, a designated employee shall evaluate the dataset and confirm whether it belonged to an approved class on the day on which it was collected and, if it did not, the designated employee shall take the measures set out in section 11.08. (3) Section 11.07 of the Act is amended by adding the following after subsection (3): Comparison (3.1) A designated employee may, for the purpose of determining whether it is necessary to make an application for a judicial authorization under subsection 11.13(1) or a request for an authorization under subsection 11.17(1), compare the dataset to other datasets that have been collected by the Service under this Act. (4) Paragraph 11.07(6)(a) of the Act is replaced by the following: (a) delete personal information , as defined in section 3 of the Privacy Act , that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and 14 (1) The portion of subsection 11.08(1) of the Act before paragraph (a) is replaced by the following: Dataset not within class 11.08 (1) If a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected, the Service shall, without delay, (2) Subsection 11.08(2) of the Act is replaced by the following: Period — suspension (2) If the Service makes a request to the Minister under paragraph (1)(b), the 180-day period referred to in subsection 11.07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act , the determination of the Minister in respect of a new class to which the dataset belongs. 15 (1) Subsections 11.09(1) and (2) of the Act are replaced by the following: End of evaluation period — Canadian datasets 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset or if a dataset is deemed to be a Canadian dataset under subsection 11.07(1.1), the Service shall make an application for judicial authorization under section 11.13 as soon as feasible but no later than the 180th day referred to in subsection 11.07(1). End of evaluation period — foreign datasets (2) If the designated employee confirms that a dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 180th day referred to in subsection 11.07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.17. (2) Subsection 11.09(3) of the French version of the Act is replaced by the following: Destruction (3) À l’expiration du délai de cent quatre-vingts jours, si le Service n’a pas agi conformément aux paragraphes (1) ou (2), il est tenu de détruire l’ensemble de données recueilli. 16 (1) Subsection 11.1(1) of the Act is replaced by the following: Continuing obligations of Service 11.1 (1) The Service shall take reasonable measures to ensure that (a) any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual is deleted from a Canadian dataset or a foreign dataset; (b) any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries is deleted from a Canadian dataset; and (c) any information that by its nature or attributes relates to a Canadian or a person in Canada is removed from a foreign dataset. (2) Subsection 11.1(3) of the Act is replaced by the following: Non-application (2.1) Subsection (2) does not apply to information that is being retained under subsection 11.21(1). Deeming (3) A dataset collected under paragraph (2)(b) is deemed to have been collected under section 11.05 on the day on which the information that constitutes the dataset was removed from the foreign dataset. 17 Section 11.11 of the Act is amended by adding the following after subsection (2): Disclosure (3) The Service may disclose a publicly available dataset and, if it does so, section 19 does not apply to the disclosure. 18 Paragraph 11.12(2)(a) of the Act is replaced by the following: (a) the approved class to which the Canadian dataset belongs or to which it belonged on the day on which it was collected; and 19 (1) Paragraph 11.13(1)(a) of the Act is replaced by the following: (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and (2) Subsection 11.13(2) of the Act is amended by adding the following after paragraph (b): (b.1) the manner in which the Service intends to disclose the dataset; 20 Subsection 11.14(2) of the Act is replaced by the following: Disclosure of dataset (1.1) The judicial authorization shall also establish any terms and conditions that the judge considers necessary respecting the disclosure of the dataset by the Service. Non-application (1.2) Section 19 does not apply to the disclosure of the dataset. Maximum period (2) The judicial authorization is valid for a period of not more than five years. 21 Subsections 11.15(3) to (5) of the Act are replaced by the following: Destruction — absence of new application (3) If the Service does not request the Minister’s approval under section 11.12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period. New application — approval not obtained (3.1) If the Service requests but does not obtain the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires. New application — approval obtained (4) If the Service requests and obtains the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application. Limit (5) If the period of a judicial authorization expires, in the circumstances under subsection (3.1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset. 22 (1) Paragraph 11.17(1)(b) of the Act is replaced by the following: (b) that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and (2) Subsection 11.17(3) of the Act is replaced by the following: Disclosure of dataset (2.1) The authorization shall also establish any terms and conditions that the Minister or designated person considers necessary respecting the disclosure of the dataset by the Service. Non-application (2.2) Section 19 does not apply to the disclosure of the dataset. Maximum period of authorization (3) The authorization is valid for a period of not more than 10 years from the date on which the Commissioner approves it under the Intelligence Commissioner Act . 23 Subsections 11.2(2) and (3) of the Act are replaced by the following: Dataset subject to judicial authorization — section 12, 12.1 or 15 (2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15. Dataset subject to approved authorization — section 12, 12.1 or 15 (3) A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act , to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15. 24 Paragraph 11.21(1)(b) of the Act is replaced by the following: (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1 or 15; or 25 (1) The portion of subsection 11.22(1) of the Act before subparagraph (b)(ii) is replaced by the following: Query or exploitation in exigent circumstances 11.22 (1) The Director may authorize a designated employee to query or exploit a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.13 or a foreign dataset that is not the subject of a valid authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act , if the Director concludes (a) that the dataset was collected by the Service under section 11.05; and (b) that there are exigent circumstances that require a query or exploitation of the dataset (i) to acquire intelligence for the purpose of preserving the life or safety of any individual, or (2) Paragraphs 11.22(2)(b) and (c) of the Act are replaced by the following: (b) a description of the dataset to be queried or exploited; and (c) the grounds on which the Director concludes that the query or exploitation is likely to produce the intelligence referred to in subparagraph (1)(b)(i) or (ii). (3) The portion of subsection 11.22(2.1) of the Act before paragraph (a) is replaced by the following: Retention (2.1) The Service may retain the results of a query or exploitation performed under subsection (1) if 26 Paragraphs 11.24(3)(b) and (c) of the Act are replaced by the following: (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing the Service’s duties and functions under this Act; (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing the Service’s duties and functions under section 12, 12.1, 15 or 16; and 27 Paragraph 11.25(c) of the Act is replaced by the following: (c) in the case of a query or exploitation performed on the basis of exigent circumstances under section 11.22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query or exploitation and any actions taken after obtaining those results. 28 The Act is amended by adding the following after section 11.25: Threats to the Security of Canada 29 The Act is amended by adding the following after section 12.2: Security Assessments and Advice 30 The Act is amended by adding the following after section 15: Assistance and Cooperation 31 Section 16 of the Act is amended by adding the following after subsection (1): Information or intelligence outside Canada (1.1) The assistance provided under subsection (1) may include the collection, from within Canada, of information or intelligence that is located outside Canada if the assistance is directed at a person or thing in Canada or at an individual who was in Canada and is temporarily outside Canada. 32 The Act is amended by adding the following after section 17: Identity of Employees and Human Sources 33 The Act is amended by adding the following after section 18.2: Disclosure of Information 34 (1) Paragraph 19(2)(a) of the Act is replaced by the following: (a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada or a province, to any person having jurisdiction to investigate the alleged contravention and to the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged contravention may be taken; (2) Paragraph 19(2)(d) of the Act is replaced by the following: (d) where, in the opinion of the Minister, disclosure of the information to any person or entity is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that person or entity. (3) Section 19 of the Act is amended by adding the following after subsection (2): Authorized disclosure — building resiliency against threats (2.1) For the purpose of building resiliency against threats to the security of Canada, the Service may also disclose information referred to in subsection (1) to any person or entity if all of the following conditions are met: (a) the information has already been provided to a federal department or agency that performs duties and functions to which the information is relevant; (b) the information does not contain any personal information , as defined in section 3 of the Privacy Act , of a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or any individual in Canada, other than personal information of the individual to whom the information is disclosed; (c) the information does not contain the name of a corporation incorporated or continued under the laws of Canada or a province or the name of a Canadian entity, other than the name of the corporation or entity to which the information is disclosed. 35 The Act is amended by adding the following after section 19: Protection of Employees and Justification 36 Paragraph 20.1(8)(b) of the Act is replaced by the following: (b) the employee would be justified in committing or directing another person to commit an act or omission that would otherwise constitute an offence. 37 The Act is amended by adding the following before section 21: Preservation order 20.3 (1) The Director or any employee who is designated by the Director for the purpose may make an application to a judge for a preservation order under this section. Making of order (2) Despite any other law but subject to the Statistics Act , the judge may order a person or entity to preserve any information, record or document — regardless of medium or form — or thing that is in their possession or control when they receive the order, if the judge is satisfied by information on oath in Form 1 of Schedule 2 that (a) there are reasonable grounds to suspect that the information, record, document or thing is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16; (b) the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing; and (c) the Director or an employee who is designated by the Director for the purpose intends to apply or has applied for a production order under section 20.4 or a warrant under section 21 or 22.21 to obtain the information, record, document or thing or, under section 23, to remove a thing. Form 2 (3) The order is to be made in Form 2 of Schedule 2. Preservation outside Canada (4) The order may be made in respect of information, records, documents or things located outside Canada, with any modifications that the circumstances require. Measures (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order. Expiry of order (6) The order expires 90 days after the day on which it is made. Notification of Minister (7) The Director shall notify the Minister that an application for an order has been made under this section as soon as feasible after the application is made. Production order 20.4 (1) The Director or an employee who is designated by the Minister for the purpose may, after having obtained the Minister’s approval, make an application to a judge for a production order under this section. Making of order (2) Despite any other law but subject to the Statistics Act , the judge may order a person or entity to produce any information, record or document — regardless of medium or form — that is in their possession or control when they receive the order if the judge is satisfied by information on oath in Form 3 of Schedule 2 that there are reasonable grounds to believe that the information, record or document is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16. Form 4 (3) The order is to be made in Form 4 of Schedule 2. Production outside Canada (4) The order may be made in respect of information, records or documents located outside Canada, with any modifications that the circumstances require. Measures (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order. Revocation or variation of production order 20.5 (1) Before they produce any information, record or document that they are required to produce under an order made under section 20.4, a person or entity may apply in writing to a judge to revoke or vary the order. Notice required (2) The person or entity may make the application only if they give notice of their intention to do so to a judge and to an employee in Form 5 of Schedule 2 within 14 days after the day on which the order is served. No obligation to produce (3) The person or entity is not required to produce the information, record or document until a final decision is made with respect to the application. Revocation or variation of order (4) The judge may revoke or vary the order if satisfied that (a) it is unreasonable in the circumstances to require the applicant to produce the information, record or document; or (b) production of the information, record or document would disclose information that is privileged or otherwise protected from disclosure by law. Clarification — voluntary preservation or production 20.6 (1) For greater certainty, the Service may request that a person or entity voluntarily preserve any information, record, document or thing, or voluntarily produce any information, record or document to the Service, without needing to obtain a preservation or production order so long as the person or entity is not prohibited by law from preserving or producing the information, record, document or thing, as the case may be, and the Service may collect it under section 12 or 16. Clarification — other collection authorities (2) For greater certainty, the fact that a preservation order or production order may be made under section 20.3 or 20.4 does not affect the Service’s authority to collect any information, record, document or thing under any other provision of this Act. No civil or criminal liability 20. 7 No criminal or civil proceedings lie against a person who voluntarily preserves any information, record, document or thing, or voluntarily produces any information, record or document, following a request from the Service in the circumstances described in subsection 20.6(1), or against a person acting on behalf of an entity that receives such a request. Destruction of preserved elements — preservation order 20.8 (1) A person or entity that is subject to a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section as soon as feasible after the order expires, unless they are subject to a new preservation order, a production order made under section 20.4 or a warrant issued under section 21, 22.21 or 23 with respect to the information, record, document or thing, as the case may be. Destruction of preserved elements — production order (2) A person or entity that is subject to a production order made under section 20.4 with respect to any information, record or document that they preserved under a preservation order made under section 20.3 shall destroy the information, record or document that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record or document under that section as soon as feasible after the earlier of (a) the day on which the production order is revoked; and (b) the day on which the information, record or document, or document prepared for the purpose of preserving the information, record or document, is produced under the production order. Destruction of preserved elements — warrant (3) Despite subsections (1) and (2), a person or entity that preserved any information, record, document or thing under a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section when the information, record, document or thing, or document prepared for the purpose of preserving the information, record, document or thing, is obtained under a warrant issued under section 21 or 22.21 or when a thing is removed in accordance with a warrant issued under section 23. 38 (1) Subsection 21(1.1) of the Act is repealed. (2) Paragraph 21(2)(d.1) of the Act is repealed. (3) Paragraph 21(2)(h) of the Act is replaced by the following: (h) any previous application made under subsection (1) or 22.21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it. (4) Subsection 21(3.01) of the Act is repealed. (5) Section 21 of the Act is amended by adding the following after subsection (3.1): Information or intelligence outside Canada (3.2) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and function under section 16, a judge may, in a warrant issued under subsection (3), authorize the collection, from within Canada, of information or intelligence that is located outside Canada. (6) Paragraph 21(4)(d.1) of the Act is repealed. (7) Subsection 21(4.1) of the Act is repealed. 39 The Act is amended by adding the following after section 22.2: Application for warrant to obtain information, record, document or thing 22.21 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to obtain any information, record or document — regardless of medium or form — or thing that will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section. Matters to be specified in application for warrant (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters: (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to obtain any information, record or document — regardless of medium or form — or thing that will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16; (b) the type of information, record, document or thing proposed to be obtained; (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised; (d) the identity of the person, if known, who has possession of the information, record, document or thing proposed to be obtained; (e) the persons or classes of persons to whom the warrant is proposed to be directed; (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; (g) the period, not exceeding 120 days, for which the warrant is requested to be in force; and (h) any previous application made under subsection (1) or 21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it. Issuance of warrant (3) Despite any other law but subject to the Statistics Act , if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)(a) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to obtain, through a single attempt, any information, record or document — regardless of medium or form — or thing and, for that purpose, (a) to enter any place or open or obtain access to any thing; (b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or (c) to install, maintain or remove any thing. Activities outside Canada (4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada. Obtaining information, records or documents from within Canada (5) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and functions under section 16, a judge may, in a warrant issued under subsection (3), authorize the Service to obtain, from within Canada, any information, record or document — regardless of medium or form — that is located outside Canada. Matters to be specified in warrant (6) There shall be specified in a warrant issued under subsection (3) (a) the type of information, record, document or thing authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose; (b) the identity of the person, if known, who has possession of the information, record, document or thing to be obtained; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (e) the period for which the warrant is in force in accordance with subsection (7); and (f) any terms and conditions that the judge considers advisable in the public interest. Duration of warrant (7) A warrant issued under subsection (3) ceases to have effect on the earlier of the end of a period of up to 120 days that begins on the day on which the warrant is issued and the day on which the information, record, document or thing is obtained. Clarification — other warrants (8) For greater certainty, the fact that a warrant may be issued under this section does not affect a judge’s authority to issue a warrant under section 21 nor the validity of such a warrant. 40 Subsection 22.3(1) of the Act is replaced by the following: Assistance order 22.3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21, 21.1, 22.21 or 23. 41 Section 23 of the Act is replaced by the following: Warrant authorizing removal 23 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.1 or 22.21, the Director or employee may make an application in accordance with subsection (2) to a judge for a warrant under this section. Matters to be specified in application for warrant (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters: (a) a general description of the thing to be removed; (b) the facts relied on to justify the belief, on reasonable grounds, that the thing is in the place; (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised; (d) the identity of the person, if known, who possesses the thing; (e) the persons or classes of persons to whom the warrant is proposed to be directed; (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; and (g) the period for which the warrant is requested to be in force. Issuance of warrant (3) Despite any other law but subject to the Statistics Act , if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose, (a) to enter any place or open or obtain access to any other thing; (b) to search for the thing; or (c) to install, maintain, remove, return or examine any other thing. Matters to be specified in warrant (4) There shall be specified in a warrant issued under subsection (3) (a) a general description of the thing authorized to be removed and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose; (b) the identify of the person, if known, who possesses the thing; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (e) the period for which the warrant is in force; and (f) the terms and conditions that the judge considers advisable in the public interest. 41.1 (1) The portion of section 24 of the Act before paragraph (a) is replaced by the following: Warrant to have effect notwithstanding other laws 24 Despite any other law, a warrant issued under section 21, 22.21 or 23 (2) Paragraph 24(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following: (i.1) in the case of a warrant issued under section 22.21, to exercise the powers specified in the warrant for the purpose of obtaining information, records, documents or things of the type specified in the warrant, or (ii) in the case of a warrant issued under section 23, to exercise the powers specified in the warrant for the purpose of removing the thing specified in the warrant; and 42 Section 27 of the Act is replaced by the following: Making and hearing of applications 27 (1) An application for a judicial authorization under section 11.13, an application under section 20.3 for a preservation order, an application under section 20.4 for a production order, an application under section 21, 21.1, 22.21 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be made ex parte and heard in private in accordance with regulations made under section 28. Hearing of applications — section 20.5 (2) An application under section 20.5 for the revocation or variation of a production order may be heard in private in accordance with regulations made under section 28. 43 (1) Paragraphs 28(a) and (b) of the Act are replaced by the following: (a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1, 22.21 or 23; (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1, 22.21 or 23, for renewals of those warrants and for orders that may be made under section 20.3, 20.4 or 22.3; (2) Section 28 of the Act is amended by striking out “and” at the end of paragraph (b.1) and by adding the following after that paragraph: (b.2) governing the practice and procedure of, and security requirements applicable to, hearings of applications for the revocation or variation of a production order under section 20.5; and 44 The Act is amended by adding the following after section 28: PART III Parliamentary Review Five-year review 29 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. 45 The schedule to the Act is numbered as Schedule 1. 46 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act. 47 The English version of the Act is amended by replacing “he or she” with “the judge” in the following provisions: (a) the portion of subsection 11.13(1) before paragraph (a); and (b) subsection 12.1(3.3). 2019, c. 13, s. 50 Consequential Amendment to the Intelligence Commissioner Act 48 Section 18 of the Intelligence Commissioner Act is replaced by the following: Query or exploitation of dataset in exigent circumstances 18 The Commissioner must review whether the conclusions — made under subsection 11.22(1) of the Canadian Security Intelligence Service Act and on the basis of which a query or exploitation of a dataset in exigent circumstances was authorized — are reasonable. PART 2 Measures to Counter Foreign Interference DIVISION 1 R.S., c. O-5; 2001, c. 41, s. 25 Security of Information Act Amendments to the Act 49 The long title of the Security of Information Act is replaced by the following: An Act respecting foreign interference and the security of information 50 Section 1 of the Act and the heading before it are replaced by the following: Alternative Title Alternative title 1 This Act may be cited as the Foreign Interference and Security of Information Act . 51 (1) Paragraph (a) of the definition person permanently bound to secrecy in subsection 8(1) of the Act is replaced by the following: (a) a current or former member or employee of a department, division, branch or office of the federal public administration, or any of its parts, set out in Schedule 1; (2) Paragraph (f) of the definition special operational information in subsection 8(1) of the Act is replaced by the following: (e.1) the military vulnerabilities or advantages of the Canadian Forces, including the operational or technical vulnerabilities and advantages of any ally or adversary; (f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e.1), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or (3) The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by deleting “or” at the end of paragraph (a.2) and by adding the following after that paragraph: (a.3) a current or former officer or non-commissioned member of a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or a current or former officer or non-commissioned member who occupies or occupied a position in the Canadian Forces set out in that Schedule; (a.4) a person who is or was appointed, attached, assigned or seconded to a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or to a position in the Canadian Forces set out in that Schedule; or 52 Section 9 of the Act is replaced by the following: Amending Schedule 1 9 The Governor in Council may, by order, amend Schedule 1 by adding or deleting the name of any current or former department, division, branch or office of the federal public administration, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to security and intelligence matters, or by modifying any name set out in the schedule. Amending Schedule 2 9. 1 The Governor in Council may, by order, amend Schedule 2 by adding, deleting or modifying (a) the name of any current or former Canadian Forces unit or other element, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to matters of security and intelligence or of national defence; or (b) a reference to any current or former position in the Canadian Forces, the powers, duties and functions of which are or were, in the opinion of the Governor in Council, primarily related to matters of security and intelligence or of national defence. 53 Section 20 of the Act and the heading before it are replaced by the following: Foreign-influenced or Terrorist-influenced Intimidation, Threats or Violence Intimidation, threats or violence 20 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person to do anything or to cause anything to be done. Extraterritorial application (2) Despite subsection 26(1), a person who commits an act referred to in subsection (1) while outside Canada is deemed to have committed it in Canada if (a) the victim is in Canada; or (b) the victim is outside Canada and (i) the person or the victim or both are (A) a Canadian citizen, (B) a person who is ordinarily resident in Canada, (C) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , (D) a person who owes allegiance to His Majesty in right of Canada, or (E) a person who is locally engaged and who performs their functions in a Canadian mission outside Canada, or (ii) is a person described in any of clauses (i)(A) to (E), the intimidation, threat or violence is in relation to the victim’s child, relative or intimate partner , as defined in section 2 of the Criminal Code , and the child, relative or partner is in or outside Canada. Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Application — subsections 26(2) to (4) (5) If a person is deemed under this section to have committed an act referred to in subsection (1) in Canada, subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1). Definition of victim (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done. Intimidation, threats or violence outside Canada 20.1 (1) Every person commits an offence who, while outside Canada, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person outside Canada to do anything or to cause anything to be done (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or (b) that is reasonably likely to harm Canadian interests. Application (2) If any of the facts referred to in paragraph 20(2)(b) apply to either the person who is alleged to have committed an act referred to in subsection (1) or the victim, the person who is alleged to have committed the act is to be prosecuted under subsection 20(1). Punishment (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Application — subsections 26(2) to (4) (5) Subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1). Definition of victim (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done. Indictable Offence Committed for a Foreign Entity Committing indictable offence for foreign entity 20.2 (1) Every person who commits an indictable offence under this or any other Act of Parliament at the direction of, for the benefit of or in association with, a foreign entity is guilty of an indictable offence and is liable to imprisonment for life. Sentences to be served consecutively (2) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Conduct or Omission for a Foreign Entity Engaging in surreptitious or deceptive conduct 20.3 (1) Every person commits an indictable offence who, at the direction of, for the benefit of or in association with, a foreign entity, knowingly engages in surreptitious or deceptive conduct or omits, surreptitiously or with the intent to deceive, to do anything if the person’s conduct or omission is for a purpose prejudicial to the safety or interests of the State or the person is reckless as to whether their conduct or omission is likely to harm Canadian interests. Punishment (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life. Sentences to be served consecutively (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Political Interference for a Foreign Entity Influencing political or governmental process 20.4 (1) Every person commits an indictable offence who, at the direction of, or in association with, a foreign entity, engages in surreptitious or deceptive conduct with the intent to influence a political or governmental process, educational governance, the performance of a duty in relation to such a process or such governance or the exercise of a democratic right in Canada. Punishment (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life. Sentences to be served consecutively (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1). Definitions (4) The following definitions apply in this section. educational governance  means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada. ( gouvernance scolaire ) political or governmental process  includes (a) any proceeding of a legislative body; (b) the development of a legislative proposal; (c) the development or amendment of any policy or program; (d) the making of a decision by a public office holder or government body, including the awarding of a contract; (e) the holding of an election or referendum; and (f) the nomination of a candidate or the development of an electoral platform by a political party. ( processus politique ou gouvernemental ) public office holder  means any of the following individuals: (a) any officer or employee of His Majesty in right of Canada and includes (i) a member of the Senate or the House of Commons and any person on the staff of such a member, (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province, (iii) an officer, director or employee of any federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act , (iv) a member of the Canadian Forces, and (v) a member of the Royal Canadian Mounted Police; (b) members of the legislature of a province or persons on the staff of such members; (c) employees of the government of a province; (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district; (e) members of the council of a band , as defined in subsection 2(1) of the Indian Act , or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council; (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution; (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis. ( titulaire d’une charge publique ) Application (5) This section applies to any of the following political or governmental processes in Canada: (a) federal political or governmental processes; (b) provincial or territorial political or governmental processes; (c) municipal political or governmental processes; (d) the political or governmental processes of (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 , or (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis. 54 (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following: Preparatory acts 22 (1) Every person commits an offence who, for the purpose of committing an offence under this Act, other than under subsection 13(1) or 18(1), does anything that is directed towards or done in preparation of the commission of the offence, including (2) Subsection 22(2) of the Act is replaced by the following: Punishment (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years. 55 The schedule to the Act is numbered as Schedule 1. 56 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 2 to this Act. Terminology Changes Replacement of “ Security of Information Act ” — Acts 57 (1) Every reference to the “ Security of Information Act ” is replaced by a reference to the “ Foreign Interference and Security of Information Act ” in the following provisions: (a) in the Canada Evidence Act , (i) subsection 38.13(1), and (ii) subsections 38.131(8) to (10); (b) in the Citizenship Act , (i) subparagraph 5(5)(f)(iii), and (ii) paragraphs 22(4)(g) and (h); (c) subparagraphs 51(2)(a)(ii) and (b)(ii) of the Conflict of Interest Act , (d) in the Criminal Code , (i) paragraph (j) of the definition offence in section 183, (ii) paragraph 486.5(2.1)(d), and (iii) the portion of paragraph (c.1) of the definition primary designated offence in section 487.04 before subparagraph (i); (e) section 7.2 of the Export and Import Permits Act , (f) subparagraph 2(1)(a)(ii) of the Identification of Criminals Act , (g) paragraph 183.6(3)(d) of the National Defence Act , (h) subsection 20(6) of the Patent Act , (i) in the Royal Canadian Mounted Police Act , (i) paragraphs (d) and (e) of the definition privileged information in subsection 45.4(1), (ii) paragraph 45.45(1)(b), and (iii) subsection 45.5(2); (j) in the Visiting Forces Act , (i) the portion of section 20 before paragraph (a), and (ii) section 21; (k) in the Federal Public Sector Labour Relations Act , (i) subsection 238.09(2), and (ii) subsection 238.29(2); (l) in the Public Servants Disclosure Protection Act , (i) section 17, and (ii) paragraph 49(1)(c); and (m) in the National Security and Intelligence Committee of Parliamentarians Act , (i) subsection 12(1), and (ii) paragraph 16(1)(a). Other references — Acts (2) Unless the context requires otherwise, every reference to the “ Security of Information Act ” in any provision of an Act of Parliament, other than a provision referred to in subsection (1), is to be read as a reference to the “ Foreign Interference and Security of Information Act ”. Replacement of “ Security of Information Act ” — Regulations (3) Every reference to the “ Security of Information Act ” is replaced by a reference to the “ Foreign Interference and Security of Information Act ” in the following provisions: (a) section 24 of the Military Rules of Evidence ; (b) section 2 of the Grosse Isle, P.Q., Prohibited Place Order ; (c) section 3 of the Exempt Personal Information Bank Order, No. 13 (RCMP) ; (d) section 3 of the Exempt Personal Information Bank Order, No. 14 (CSIS) ; and (e) section 3 of the Exempt Personal Information Bank Order, No. 25 (RCMP) . Other references — Regulations (4) Unless the context requires otherwise, every reference to the “ Security of Information Act ” in any provision of a regulation , as defined in section 2 of the Statutory Instruments Act , made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the “ Foreign Interference and Security of Information Act ”. Consequential Amendments R.S., c. N- 5 National Defence Act 58 Paragraph 183.6(3)(c) of the National Defence Act is replaced by the following: (c) an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act ; 2019, c. 13 National Security Act, 2017 59 Paragraph 82(1)(d) of the National Security Act, 2017 is replaced by the following: (d) Schedule 1 to the Foreign Interference and Security of Information Act ; DIVISION 2 R.S., c. C- 46 Criminal Code 60 (1) The portion of subsection 52(1) of the Criminal Code before paragraph (a) is replaced by the following: Sabotage 52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act with the intent to endanger (2) Section 52 of the Act is amended by adding the following after subsection (4): For greater certainty (5) For greater certainty, no person commits an offence under subsection (1) if they do a prohibited act while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) and (b). 61 The Act is amended by adding the following after section 52: Sabotage — essential infrastructure 52.1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to (a) endanger the safety, security or defence of Canada; (b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or (c) cause a serious risk to the health or safety of the public or any segment of the public. Definition of essential infrastructure (2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following: (a) transportation infrastructure; (b) information and communication technology infrastructure; (c) water and wastewater management infrastructure; (d) energy and utilities infrastructure; (e) health services infrastructure; (f) food supply and food services infrastructure; (g) government operations infrastructure; (h) financial infrastructure; and (i) any other infrastructure prescribed by regulations. Saving — stop work (3) No person commits an offence under subsection (1) by reason only that (a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment; (b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or (c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees. Saving — obtaining or communicating information (4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information. For greater certainty (5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)(a) to (c). Regulations (6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2). Sabotage — device 52.2 (1) Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under subsection 52(1) or 52.1(1). Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) is guilty of an offence punishable on summary conviction. Definition of device (3) For the purposes of this section, device includes a computer program as defined in subsection 342.1(2). Attorney General’s consent 52. 3 No proceeding for an offence under subsection 52(1), 52.1(1) or 52.2(1) shall be instituted without the Attorney General’s consent. 62 The definition offence in section 183 of the Act is amended by adding the following after subparagraph (a)(iii): (iii.01) section 52.1 (sabotage — essential infrastructure), (iii.02) section 52.2 (sabotage — device), 63 (1) Paragraph 185(1.1)(a) of the Act is replaced by the following: (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13; (2) Subsection 185(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or 64 (1) Paragraph 186(1.1)(a) of the Act is replaced by the following: (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13; (2) Subsection 186(1.1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or 65 (1) Paragraph 186.1(a) of the Act is replaced by the following: (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13; (2) Section 186.1 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or 66 Paragraph 196(5)(a) of the Act is replaced by the following: (a) an offence under section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13, 67 (1) Paragraph 196.1(5)(a) of the Act is replaced by the following: (a) an offence under section 52, 52.1, 52.2, 467.11, 467.12 or 467.13; (2) Subsection 196.1(5) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act ; or 68 Paragraph 462.48(1.1)(c) of the Act is replaced by the following: (c) an offence against section 52, 52.1, 52.2, 467.11, 467.111, 467.12 or 467.13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence; 69 Paragraph 486.5(2.1)(c) of the Act is replaced by the following: (c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.2(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act ; or 70 (1) Subparagraph (c.1)(ii) of the definition primary designated offence in section 487.04 of the Act is replaced by the following: (ii) subsection 20(1) (intimidation, threats or violence), (ii.1) subsection 20.1(1) (intimidation, threats or violence outside Canada), (ii.2) subsection 20.2(1) (committing indictable offence for foreign entity), (ii.3) subsection 20.3(1) (engaging in surreptitious or deceptive conduct), (ii.4) subsection 20.4(1) (influencing political or governmental process), and (2) The definition secondary designated offence in section 487.04 of the Act is amended by adding the following after subparagraph (c)(i): (i.0001) subsection 52.1(1) (sabotage — essential infrastructure), (i.0002) subsection 52.2(1) (sabotage — device), 71 (1) Paragraph 515(4.1)(e) of the Act is replaced by the following: (e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act , or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act, (2) Paragraph 515(4.3)(d) of the Act is replaced by the following: (d) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act , or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act. (3) Subparagraphs 515(6)(a)(iv) and (v) of the Act are replaced by the following: (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act , (v) that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act committed in relation to an offence referred to in subparagraph (iv), DIVISION 3 Coordinating Amendments and Coming into Force Coordinating Amendments 2023, c. 32 72 On the first day on which both subsection 13.3(1) of An Act to amend certain Acts and to make certain consequential amendments (firearms) , chapter 32 of the Statutes of Canada, 2023, and subsection 71 (1) of this Act are in force, paragraph 515(4.1)(e) of the English version of the Criminal Code is replaced by the following: (e) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act , or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act, 2023, c. 32 and Bill C-332 73 If a provision of any of the following Acts (in this section referred to as the “other Act”) that amends subsection 515(4.1) of the Criminal Code comes into force or, in the case of a coordinating amendment, produces its effects on or after the day on which subsection 71 (1) comes into force, on the day on which that provision of the other Act comes into force or produces its effects, as the case may be, subsection 515(4.1) of the French version of the Criminal Code is amended by replacing “ d’une infraction visée au paragraphe 20(1) de la Loi sur la protection de l’information , ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée au paragraphe 20(1) ” with “ d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1) de la Loi sur l’ingérence étrangère et la protection de l’information , ou d’une infraction visée aux paragraphes 21(1) ou 22(1) ou à l’article 23 de cette loi commise à l’égard d’une infraction visée aux paragraphes 20(1), 20.1(1), 20.2(1), 20.3(1) ou 20.4(1) ”: (a) An Act to amend certain Acts and to make certain consequential amendments (firearms) , chapter 32 of the Statutes of Canada, 2023; or (b) An Act to amend the Criminal Code (coercive control of intimate partner) , if Bill C-332 introduced in the 1st session of the 44th Parliament receives royal assent. Bill C-20 74 (1) Subsections (2) to (5) apply if Bill C-20, introduced in the 1st session of the 44th Parliament and entitled the Public Complaints and Review Commission Act (in this section referred to as the “other Act”), receives royal assent. (2) If section 55 of this Act comes into force before section 125 of the other Act, then that section 125 is replaced by the following: 125 Schedule 1 to the Foreign Interference and Security of Information Act is amended by striking out the following: Civilian Review and Complaints Commission for the Royal Canadian Mounted Police Commission civile d’examen et de traitement des plaintes relatives à la Gendarmerie royale du Canada (3) If section 55 of this Act comes into force on the same day as section 125 of the other Act, then that section 125 is deemed to have come into force before that section 55 . (4) If section 55 of this Act comes into force before section 126 of the other Act, then that section 126 is replaced by the following: 126 Schedule 1 to the Act is amended by adding the following in alphabetical order: Public Complaints and Review Commission Commission d’examen et de traitement des plaintes du public (5) If section 55 of this Act comes into force on the same day as section 126 of the other Act, then that section 126 is deemed to have come into force before that section 55 . Coming into Force 60th day after royal assent 75 This Part, other than sections 72 to 74 , comes into force on the 60th day after the day on which this Act receives royal assent. PART 3 Measures Relating to the Protection of Information DIVISION 1 R.S., c. C- 5 Canada Evidence Act Amendments to the Act 76 Section 36.1 of the Canada Evidence Act is replaced by the following: Definition of official 36. 1 In sections 37 to 38.43, official has the same meaning as in section 118 of the Criminal Code . 77 (1) The portion of subsection 37.1(1) of the Act before paragraph (a) is replaced by the following: Appeal to court of appeal 37.1 (1) Subject to subsection (1.1), an appeal lies from a determination under any of subsections 37(4.1) to (6) (2) Subsection 37.1(2) of the Act is replaced by the following: Limitation — person charged with offence (1.1) A person who is charged with an offence may appeal a determination referred to in subsection (1) that is made in relation to a criminal trial or other criminal proceeding only if they are convicted of the offence. Limitation period for appeal (2) An appeal under this section shall be brought (a) in the case of an appeal permitted under subsection (1.1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the court referred to in subsection (1) considers appropriate in the circumstances; or (b) in any other case, within 15 days after the day on which the determination appealed from is made or any further time that the court referred to in subsection (1) considers appropriate in the circumstances. Exceptional circumstances (3) Despite subsection (1.1) and paragraph (2)(a), the court referred to in subsection (1) may, on application by the person charged with the offence, permit the appeal to be brought before conviction if the court is satisfied that there are exceptional circumstances that justify doing so. 78 The Act is amended by adding the following before section 38: Provisions of General Application 79 The definition proceeding in section 38 of the Act is replaced by the following: proceeding  means a proceeding before a court, person or body with jurisdiction to compel the production of information, but does not include a federal proceeding , as defined in section 38.2 . ( instance ) 80 Subsection 38.03(3) of the Act is replaced by the following: Notice (3) The Attorney General of Canada shall, within 30 days after the day on which they first receive a notice about information under any of subsections 38.01(1) to (4), notify in writing every person who provided notice under section 38.01 about that information of their decision with respect to disclosure of the information. 81 Section 38.09 of the Act is replaced by the following: Appeal to Federal Court of Appeal 38.09 (1) Subject to subsection (1.1), an order made under any of subsections 38.06(1) to (3) may be appealed to the Federal Court of Appeal. Limitation — person charged with offence (1.1) A person who is charged with an offence may appeal an order referred to in subsection (1) that is made in relation to a criminal trial or other criminal proceeding only if they are convicted of the offence. Limitation period for appeal (2) An appeal under this section shall be brought (a) in the case of an appeal permitted under subsection (1.1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the Court considers appropriate in the circumstances; or (b) in any other case, within 15 days after the day on which the order is made or any further time that the Court considers appropriate in the circumstances. Exceptional circumstances (3) Despite subsection (1.1) and paragraph (2)(a), the Court may, on application by the person charged with the offence, permit the appeal to be brought before conviction if the Court is satisfied that there are exceptional circumstances that justify doing so. 82 Paragraph 38.1(a) of the Act is replaced by the following: (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made on appeal shall be made within 15 days after the day on which the judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and 83 Subsection 38.131(4) of the Act is replaced by the following: Single judge (4) Despite section 16 of the Federal Courts Act , for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court. 84 The Act is amended by adding the following after section 38.17: Secure Administrative Review Proceedings Definitions 38. 2 The following definitions apply in this section and in sections 38.21 to 38.45 . federal proceeding  means (a) an application for judicial review or an appeal in the Federal Court of a decision of a federal board, commission or other tribunal , as defined in subsection 2(1) of the Federal Courts Act ; (b) an appeal in the Federal Court of Appeal from a decision of the Federal Court in a proceeding referred to in paragraph (a); (c) an application for judicial review or an appeal in the Federal Court of Appeal of a decision of a federal board, commission or other tribunal referred to in paragraph (a); or (d) a proceeding referred to in section 6 or 11 of the Charities Registration (Security Information) Act . It does not include any proceeding in the Federal Court or the Federal Court of Appeal that is in respect of a matter under the Immigration and Refugee Protection Act and does not include a proceeding in which information may be disclosed to either of those courts for a purpose listed in the schedule. ( instance fédérale ) judge  means (a) in relation to a federal proceeding in the Federal Court of Appeal, not fewer than three judges of that court, each of whom is either the Chief Justice or a judge designated by the Chief Justice to conduct hearings under section 38.25 , sitting together in an uneven number; and (b) in relation to a federal proceeding in the Federal Court, the Chief Justice of that court or a judge designated by the Chief Justice to conduct hearings under section 38.25 . ( juge ) non-governmental party  means a party to a federal proceeding who is neither the Attorney General of Canada nor represented by the Attorney General of Canada. ( partie non gouvernementale ) participant  means a person who, in connection with a federal proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information. ( participant ) potentially injurious information  has the same meaning as in section 38. ( renseignements potentiellement préjudiciables ) sensitive information  has the same meaning as in section 38. ( renseignements sensibles ) special counsel  means a person appointed as a special counsel under section 38.34 . ( conseiller juridique spécial ) Notice to Attorney General of Canada 38.21 (1) Every participant who, in connection with a federal proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information that the participant believes is sensitive information or potentially injurious information must, as soon as possible, notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the federal proceeding. During federal proceeding (2) Every participant who believes that sensitive information or potentially injurious information is about to be disclosed, whether by the participant or another person, in the course of a federal proceeding must raise the matter with the person presiding at the federal proceeding and notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (1). In such circumstances, the person presiding at the federal proceeding must ensure that the information is not disclosed other than in accordance with this Act. Notice of disclosure from official (3) An official, other than a participant, who believes that sensitive information or potentially injurious information may be disclosed in connection with a federal proceeding may notify the Attorney General of Canada in writing of the possibility of the disclosure, and of the nature, date and place of the federal proceeding. During federal proceeding (4) An official, other than a participant, who believes that sensitive information or potentially injurious information is about to be disclosed in the course of a federal proceeding may raise the matter with the person presiding at the federal proceeding. If the official raises the matter, they must notify the Attorney General of Canada in writing of the matter as soon as possible, whether or not notice has been given under subsection (3), and the person presiding at the federal proceeding must ensure that the information is not disclosed other than in accordance with this Act. Exception (5) This section does not apply when (a) the information is disclosed by a person to their lawyer in connection with a federal proceeding, if the information is relevant to that proceeding; (b) the information is disclosed to enable the Attorney General of Canada, special counsel, a judge, or a court hearing an appeal from an order of the judge, to exercise their powers and perform their duties and functions under this section and sections 38.22 to 38.41 and 38.43 ; or (c) disclosure of the information is authorized by the government institution in which or for which the information was produced or, if the information was not produced in or for a government institution, the government institution in which it was first received. Exception (6) Subsections (1) and (2) do not apply to a participant if a government institution referred to in paragraph (5)(c) advises the participant that it is not necessary, in order to prevent disclosure of the information referred to in that paragraph, to give notice to the Attorney General of Canada under subsection (1) or to raise the matter under subsection (2) with the person presiding at the federal proceeding. Disclosure prohibited 38.22 (1) Subject to subsection 38.21 (5), it is prohibited for a person to disclose in connection with a federal proceeding (a) information about which notice is given under any of subsections 38.21 (1) to (4); (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.21 (1) to (4); (c) the fact that a motion is made under section 38.25 or that an appeal of an order made under any of subsections 38.26 (1) to (3) in connection with the motion is instituted; or (d) the fact that an agreement is entered into under section 38.24 or subsection 38.25 (6). Exceptions (2) Disclosure of the information or the facts referred to in subsection (1) is not prohibited if (a) the Attorney General of Canada authorizes the disclosure in writing under section 38.23 or by agreement under section 38.24 or subsection 38.25 (6); or (b) a judge authorizes the disclosure under subsection 38.26 (1) or (2) or a court hearing an appeal from the order of the judge authorizes the disclosure, and either the time provided to appeal the order or the appeal court’s judgment has expired or no further appeal is available. Authorization by Attorney General of Canada 38.23 (1) The Attorney General of Canada may, at any time and subject to any conditions that they consider appropriate, authorize the disclosure of all or part of the information and facts the disclosure of which is prohibited under subsection 38.22 (1). Notice (2) The Attorney General of Canada must, within 30 days after the day on which they first receive a notice about information under any of subsections 38.21 (1) to (4), notify in writing every person who provided notice under those subsections about that information of their decision with respect to disclosure of the information. Disclosure agreement 38.24 (1) The Attorney General of Canada and a person who has given notice under subsection 38.21 (1) or (2) and is not required to disclose information but wishes, in connection with a federal proceeding, to disclose any facts referred to in paragraphs 38.22 (1)(b) to (d) or information about which the person gave the notice, or to cause that disclosure, may, before the person brings a motion under paragraph 38.25 (2)(c), enter into an agreement that permits the disclosure of part of the facts or information or disclosure of the facts or information subject to conditions. No motion (2) If an agreement is entered into under subsection (1), the person may not bring a motion under paragraph 38.25 (2)(c) with respect to the information about which they gave notice to the Attorney General of Canada under subsection 38.21 (1) or (2). Motion — Attorney General of Canada 38.25 (1) The Attorney General of Canada may, at any time and under any circumstances during a federal proceeding, bring a motion to a judge for an order with respect to the disclosure of information about which notice was given under any of subsections 38.21 (1) to (4). Motion — general (2) If, with respect to information about which notice was given under any of subsections 38.21 (1) to (4), the Attorney General of Canada does not provide notice of a decision in accordance with subsection 38.23 (2) or, other than by an agreement under section 38.24 , does not authorize the disclosure of the information or authorizes the disclosure of only part of the information or authorizes the disclosure subject to any conditions, (a) the Attorney General of Canada must bring a motion to a judge for an order with respect to disclosure of the information if a person who gave notice under subsection 38.21 (1) or (2) is a witness; (b) a person, other than a witness, who is required to disclose information in connection with a federal proceeding must bring a motion to a judge for an order with respect to disclosure of the information; and (c) a person who is not required to disclose information in connection with a federal proceeding but who wishes to disclose it or to cause its disclosure may bring a motion to a judge for an order with respect to disclosure of the information. Notice to Attorney General of Canada (3) A person who makes a motion under paragraph (2)(b) or (c) must provide notice of the motion to the Attorney General of Canada. Court records (4) Subject to paragraph (5)(b), a motion under this section is confidential. During the period when a motion is confidential, the Chief Administrator of the Courts Administration Service may, subject to section 38.31 , take any measure that they consider appropriate to protect the confidentiality of the motion and the information to which it relates. Procedure (5) As soon as they are seized of a motion under this section, the judge (a) must hear the representations of the Attorney General of Canada with respect to making the motion public; (b) must, if they decide that the motion should be made public, make an order to that effect; (c) must hear the representations of the Attorney General of Canada concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject and concerning the persons who should be given notice of any hearing of the matter; (d) must decide whether it is necessary to hold any hearing of the matter; (e) if they decide that a hearing should be held, must (i) determine who should be given notice of the hearing, (ii) order the Attorney General of Canada to notify those persons, and (iii) determine the content and form of the notice; and (f) may, if they consider it appropriate in the circumstances, give any person the opportunity to make representations. Disclosure agreement (6) After the judge is seized of a motion made under paragraph (2)(c) or, in the case of an appeal from an order of the judge made under any of subsections 38.26 (1) to (3) in connection with that motion, before the appeal is disposed of, (a) the Attorney General of Canada and the person who made the motion may enter into an agreement that permits the disclosure of part of the facts referred to in paragraphs 38.22 (1)(b) to (d) or part of the information or disclosure of the facts or information subject to conditions; and (b) if an agreement is entered into, the judge’s consideration of the motion or any hearing or appeal must be terminated. Termination (7) Subject to subsection (6), after the judge is seized of a motion made under this section — or, in the case of an appeal from an order of the judge made under any of subsections 38.26 (1) to (3), before the appeal is disposed of — and if the Attorney General of Canada authorizes the disclosure of all or part of the information or withdraws conditions to which the disclosure is subject, the judge’s consideration of the motion or any hearing or appeal must be terminated in relation to that information, to the extent of the authorization or the withdrawal. Disclosure order 38.26 (1) Unless the judge concludes that the disclosure of the information or facts referred to in subsection 38.22 (1) would be injurious to international relations or national defence or national security, the judge may, by order, authorize the disclosure of the information or facts. Disclosure — conditions (2) If the judge concludes that the disclosure of the information or facts would be injurious to international relations or national defence or national security but that the public interest in disclosure outweighs in importance the public interest in non-disclosure, the judge may by order, after considering both the public interest in disclosure and the form of and conditions to disclosure that are most likely to limit any injury to international relations or national defence or national security resulting from disclosure, authorize the disclosure, subject to any conditions that the judge considers appropriate, of all or part of the information or facts, a summary of the information or a written admission of facts relating to the information. Order confirming prohibition (3) If the judge does not authorize disclosure under subsection (1) or (2), the judge must, by order, confirm the prohibition of disclosure. When determination takes effect (4) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available. Evidence (5) The judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base their decision on that evidence. Notice of order 38. 27 The judge may order the Attorney General of Canada to give notice of an order made under any of subsections 38.26 (1) to (3) to any person who, in the opinion of the judge, should be notified. Appeal to Federal Court of Appeal 38.28 (1) An order made by a judge of the Federal Court under any of subsections 38.26 (1) to (3) may be appealed to the Federal Court of Appeal. Limitation period for appeal (2) An appeal must be brought within 15 days after the day on which the order is made or within any further time that the Federal Court of Appeal considers appropriate in the circumstances. Limitation periods for appeals to Supreme Court of Canada 38. 29 Despite any other Act of Parliament, (a) an application for leave to appeal to the Supreme Court of Canada from an order made under any of subsections 38.26 (1) to (3) by the Federal Court of Appeal, or from a judgment of the Federal Court of Appeal in an appeal of such an order made by the Federal Court, must be made within 15 days after the day on which the order or judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and (b) if leave to appeal is granted, the appeal must be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the Supreme Court of Canada. Special rules — hearing in private 38.3 (1) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may make an order that the hearing be held, or the appeal be heard, in private. Special rules — hearing in National Capital Region (2) A hearing under subsection 38.25 (5) or an appeal of an order made under any of subsections 38.26 (1) to (3) must, at the request of the Attorney General of Canada, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act . Ex parte representations (3) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may give any person who makes representations under paragraph 38.25 (5)(f), and must give the Attorney General of Canada, the opportunity to make representations ex parte . Ex parte representations — public hearing (4) If a hearing under subsection 38.25 (5) is held, or an appeal of an order made under any of subsections 38.26 (1) to (3) is heard, in public, any ex parte representations made in that hearing or appeal must be made in private. Protective order 38.31 (1) The judge conducting a hearing under subsection 38.25 (5) or the court hearing an appeal of an order made under any of subsections 38.26 (1) to (3) may make any order that the judge or the court considers appropriate in the circumstances to protect the confidentiality of any information to which the hearing or appeal relates. Court records (2) The court records relating to a hearing that is held, or an appeal that is heard, in private or to any ex parte representations are confidential. The judge or the court may order that the court records, or any part of them, relating to a private or public hearing or appeal be sealed and kept in a location to which the public has no access. Judge seized 38. 32 The judge who hears the motion brought under subsection 38.25 (1) or (2) becomes seized of all matters in the federal proceeding. Undisclosed information — federal proceeding 38.33 (1) In considering the merits of the federal proceeding, the judge may receive into evidence, and may base their decision on, any information the disclosure of which is prohibited as a result of the application of sections 38.21 to 38.26 . Representations and private hearing (2) For the purposes of subsection (1), the judge may — or, if the Attorney General of Canada so requests, the judge must — (a) receive ex parte representations; and (b) conduct a hearing in private and in the absence of the non-governmental party and their counsel. Procedure (3) In conducting a hearing under paragraph (2)(b), the judge must (a) deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; (b) without disclosing the information referred to in subsection (1), ensure that the non-governmental party to the federal proceeding is provided with a summary of the information that enables that party to be reasonably informed of the case; and (c) at the request of the Attorney General of Canada, hold the hearing in the National Capital Region, as described in the schedule to the National Capital Act . Decision (4) The judge may base any decision on the information referred to in subsection (1) even if a summary of that information has not been provided to the non-governmental party. Special counsel 38.34 (1) The judge, in consideration of the principles of fairness and natural justice, may appoint a special counsel for the purposes of (a) a motion made under section 38.25 and the federal proceeding as a whole; and (b) any appeal of the motion or of the federal proceeding. List (2) The special counsel may be appointed from the list of persons referred to in subsection 85(1) of the Immigration and Refugee Protection Act . Special counsel’s role 38.35 (1) A special counsel’s role is to protect the interests of the non-governmental party when information and other evidence is presented, or representations are made in private and in the absence of the non-governmental party and their counsel. Responsibilities (2) A special counsel may (a) make oral and written representations with respect to the information or other evidence that has been filed with the court but has not been disclosed to the non-governmental party and their counsel; (b) participate in, and cross-examine witnesses who testify during, any part of the proceeding that is held in private and in the absence of the non-governmental party and their counsel; and (c) exercise, with the judge’s authorization, any other powers that are necessary to protect the interests of the non-governmental party. For greater certainty (3) For greater certainty, the special counsel is not a party to the federal proceeding and the relationship between the special counsel and the non-governmental party is not that of lawyer and client. Protection of communications with special counsel (4) However, a communication between the non-governmental party or their counsel and the special counsel that, if the relationship were one of lawyer and client, would be subject to solicitor-client privilege or the professional secrecy of advocates is deemed to be subject to that privilege or professional secrecy. For greater certainty, in respect of that communication, the special counsel is not a compellable witness in any proceeding. Immunity 38. 36 A special counsel is not personally liable for anything they do or omit to do in good faith under this Act. Obligation to provide information 38. 37 The Attorney General of Canada must, within a period set by the judge, provide the special counsel with a copy of the information or other evidence that has been filed with the court in relation to the federal proceeding, including any information or other evidence that is not disclosed to the non-governmental party and their counsel. Restrictions on communications — special counsel 38.38 (1) After the information or other evidence is received by the special counsel, the special counsel may, during the remainder of the federal proceeding and any appeal in respect of it, communicate with another person about the federal proceeding or the appeal only with the judge’s or appeal court’s authorization and subject to any conditions that the judge or appeal court considers appropriate. Restrictions on communications — other persons (2) If the special counsel is authorized to communicate with a person, the judge or appeal court may prohibit that person from communicating with anyone else about the federal proceeding or appeal during its remainder or may impose conditions with respect to such a communication during that period. Disclosure and communication prohibited 38. 39 With the exception of communications authorized by a judge or disclosures permitted under section 38.22 , it is prohibited for a person to (a) disclose information or other evidence that is disclosed to them under section 38.37 or 38.38 and that is treated as confidential by the judge; or (b) communicate with another person about the content of any part of a federal proceeding, or an appeal in respect of it, that is heard in private and in the absence of the non-governmental party and their counsel. Fairness 38.4 (1) The judge may, if they are of the opinion that they are unable to conduct a fair hearing because the non-governmental party is not reasonably informed of the case, make an order granting an appropriate remedy to the non-governmental party. Potential orders (2) The orders that may be made under subsection (1) include, but are not limited to, the following: (a) an order allowing or dismissing the federal proceeding; and (b) an order finding against any party on any issue relating to information the disclosure of which is prohibited. For greater certainty (3) For greater certainty, a remedy referred to in subsection (1) must not include the disclosure of information ordered not to be disclosed under subsection 38.26 (3) or 38.41 (4). Certificate of Attorney General of Canada 38.41 (1) The Attorney General of Canada may personally issue a certificate that prohibits the disclosure of information in connection with a federal proceeding for the purpose of protecting information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Foreign Interference and Security of Information Act or for the purpose of protecting national defence or national security. The certificate may only be issued after an order or decision that would result in the disclosure of the information to be subject to the certificate has been made under this or any other Act of Parliament. Service of certificate (2) The Attorney General of Canada must cause a copy of the certificate to be served on (a) the person presiding or designated to preside at the federal proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside; (b) every party to the federal proceeding; (c) every person who gives notice under section 38.21 in connection with the federal proceeding; (d) every person who, in connection with the federal proceeding, may disclose, is required to disclose or may cause the disclosure of the information about which the Attorney General of Canada has received notice under section 38.21 ; (e) every party to a hearing under subsection 38.25 (5) or to an appeal of an order made under any of subsections 38.26 (1) to (3) in relation to the information; (f) any court that hears an appeal from an order made under any of subsections 38.26 (1) to (3) in relation to the information; and (g) any other person who, in the opinion of the Attorney General of Canada, should be served. Filing of certificate (3) The Attorney General of Canada must cause a copy of the certificate to be filed in the registry of the Federal Court of Appeal or the Federal Court, as the case may be, and the registry of any court that hears an appeal from an order made under any of subsections 38.26 (1) to (3). Effect of certificate (4) If the Attorney General of Canada issues a certificate, then, despite any other provision of this Act, disclosure of the information is prohibited in accordance with the terms of the certificate. Statutory Instruments Act does not apply (5) The Statutory Instruments Act does not apply to a certificate issued under subsection (1). Publication (6) The Attorney General of Canada must, without delay after a certificate is issued, cause the certificate to be published in the Canada Gazette . Restriction (7) The certificate and any matters arising out of it are not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with section 38.42 . Expiry (8) The certificate expires 10 years after the day on which it is issued and may be reissued. Application for review of certificate 38.42 (1) A party to the federal proceeding referred to in section 38.41 may apply to the Federal Court of Appeal for an order varying or cancelling a certificate issued under that section on the grounds referred to in subsection (7) or (8), as the case may be. Notice to Attorney General of Canada (2) The applicant must give notice of the application to the Attorney General of Canada. Single judge (3) Despite paragraph (a) of the definition judge in section 38.2 and section 16 of the Federal Courts Act , for the purposes of the application, the Federal Court of Appeal consists of a single judge of that Court. Admissible information (4) In considering the application, the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it would not otherwise be admissible under Canadian law, and may base a determination made under any of subsections (7) to (9) on that evidence. Special rules and protective order (5) Sections 38.3 and 38.31 apply, with any necessary modifications, to an application made under subsection (1). Expedited consideration (6) The judge must consider the application as soon as reasonably possible, but not later than 10 days after the application is made under subsection (1). Varying certificate (7) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order varying the certificate accordingly. Cancelling certificate (8) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order cancelling the certificate. Confirming certificate (9) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity, or to national defence or national security, the judge must make an order confirming the certificate. Determination is final (10) Despite any other Act of Parliament, a determination of a judge under any of subsections (7) to (9) is final and is not subject to review or appeal by any court. Publication (11) If a certificate is varied or cancelled under this section, the Attorney General of Canada must, as soon as possible after the decision of the judge and in a manner that mentions the original publication of the certificate, cause to be published in the Canada Gazette (a) the certificate as varied under subsection (7); or (b) a notice of the cancellation of the certificate under subsection (8). Definition of foreign entity (12) In this section, foreign entity has the same meaning as in subsection 2(1) of the Foreign Interference and Security of Information Act . Regulations 38. 43 The Governor in Council may make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of sections 38.2 to 38.42 , including regulations respecting the notices and certificates. Annual report 38. 44 The report referred to in section 38.17 must also set out the operation of section 38.41 for the previous year and include the number of certificates issued under that section. Rules 38.45 (1) The Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court may each establish a committee to make rules governing the practice and procedure in relation to the participation of special counsel in federal proceedings before the court over which they preside. The rules are binding despite any rule of practice that would otherwise apply. Composition of committees (2) Each committee established is to be composed of the appropriate Chief Justice, the Attorney General of Canada or one or more representatives of the Attorney General of Canada, and one or more members of the bar of any province who have experience in a field of law relevant to federal proceedings. Each Chief Justice may also designate additional members of their committee. Chief Justice to preside (3) Each Chief Justice, or a member designated by them, is to preside over their committee. 85 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following: (Paragraph 38.01(6)(d), subsections 38.01(8) and 38.02(1.1) and section 38.2) 86 Items 2, 4 and 21 of the schedule to the Act are repealed. Consequential Amendments R.S., c. A- 1 Access to Information Act 87 (1) Subsection 69.1(1) of the Access to Information Act is replaced by the following: Certificate under Canada Evidence Act 69.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information. (2) The portion of subsection 69.1(2) of the Act before paragraph (a) is replaced by the following: Certificate following filing of complaint (2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information, R.S., c. C- 46 Criminal Code 88 (1) Paragraphs 83.039(2)(a) to (c) of the Criminal Code are repealed. (2) Paragraph 83.039(2)(e) of the Act is repealed. (3) Section 83.039 of the Act is amended by adding the following after subsection (2): For greater certainty (2.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the judicial review proceedings referred to in subsection (1). 89 Paragraphs 83.05(6)(a) and (b) of the Act are repealed. 90 Section 83.06 of the Act is replaced by the following: Return of information 83.06 (1) For the purposes of subsection 83.05(6), any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister of Public Safety and Emergency Preparedness shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if (a) the judge determines that the information is not relevant; (b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or (c) the Minister withdraws the information. For greater certainty (2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under subsection 83.05(5). R.S., c. H- 6 Canadian Human Rights Act 91 Paragraph 58(2)(c) of the Canadian Human Rights Act is replaced by the following: (c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 or 38.2 to 38.41 of that Act. R.S., c. P- 21 Privacy Act 92 (1) Subsection 70.1(1) of the Privacy Act is replaced by the following: Certificate under Canada Evidence Act 70.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate. (2) The portion of subsection 70.1(2) of the Act before paragraph (a) is replaced by the following: Certificate following filing of complaint (2) Despite any other provision of this Act, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information, (3) Subsections 70.1(3) and (4) of the Act are replaced by the following: Information not to be disclosed (3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information. Limited power of delegation (4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation. 2000, c. 5 Personal Information Protection and Electronic Documents Act 93 (1) Subsection 4.1(1) of the Personal Information Protection and Electronic Documents Act is replaced by the following: Certificate under Canada Evidence Act 4.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate. (2) The portion of subsection 4.1(2) of the Act before paragraph (a) is replaced by the following: Certificate following filing of complaint (2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information: (3) Subsections 4.1(3) and (4) of the Act are replaced by the following: Information not to be disclosed (3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act , and shall take every reasonable precaution to avoid the disclosure of that information. Power to delegate (4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation. 2001, c. 41, s. 113 Charities Registration (Security Information) Act 94 Section 6 of the Charities Registration (Security Information) Act is replaced by the following: Judicial consideration 6 (1) The following provisions govern the determination: (a) any information or evidence the disclosure of which would be injurious to national security shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either (i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of a summary of the information or evidence provided to the applicant or the registered charity, or (ii) the matter is withdrawn; (b) the judge shall provide the applicant or registered charity with an opportunity to be heard; and (c) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence. For greater certainty (2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the determination. 2015, c. 20, s. 11 Secure Air Travel Act 95 (1) Paragraphs 16(6)(a) to (c) of the Secure Air Travel Act are repealed. (2) Paragraph 16(6)(f) of the Act is repealed. (3) Section 16 of the Act is amended by adding the following after subsection (6): For greater certainty (6.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section. 2015, c. 36, s. 42 Prevention of Terrorist Travel Act 96 (1) Paragraphs 4(4)(a) to (c) of the Prevention of Terrorist Travel Act are repealed. (2) Paragraph 4(4)(f) of the Act is repealed. (3) Section 4 of the Act is amended by adding the following after subsection (4): For greater certainty (5) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section. 97 (1) Paragraphs 6(2)(a) to (c) of the Act are repealed. (2) Paragraph 6(2)(e) of the Act is repealed. (3) Section 6 of the Act is amended by adding the following after subsection (2): For greater certainty (3) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to judicial review proceedings referred to in subsection (1). SOR/2001-360; SOR/2006-165, s. 1 Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism 98 Paragraphs 2.2(2)(a) and (b) of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism are repealed. 99 Section 2.3 of the Regulations is replaced by the following: 2.3 (1) For the purposes of section 2.2, any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 2.2(2)(d), if (a) the judge determines that the information is not relevant; (b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or (c) the Minister withdraws the information. (2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under section 2.2. DIVISION 2 R.S., c. C- 46 Criminal Code 100 Paragraph 487.3(2)(a) of the Criminal Code is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after that subparagraph: (iii.1) be injurious to international relations, national defence or national security, or DIVISION 3 2001, c. 27 Immigration and Refugee Protection Act 101 Subsection 77(2) of the Immigration and Refugee Protection Act is replaced by the following: Filing of evidence and summary (2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed. 102 Subsection 79.1(1) of the Act is replaced by the following: Appeal by Minister 79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. 103 Subsection 82.31(1) of the Act is replaced by the following: Appeal by Minister 82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. 104 (1) Paragraph 83(1)(c) of the Act is replaced by the following: (c) at any time during a proceeding, the judge may, on the judge’s own motion — and shall, on each request of the Minister — hear information or other evidence in the absence of the public and of the permanent resident or foreign national and their counsel if, in the judge’s opinion, its disclosure could be injurious to international relations, national defence or national security or endanger the safety of any person; (2) Paragraphs 83(1)(d) and (e) of the Act are replaced by the following: (d) the judge shall ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person; (e) throughout the proceeding, the judge shall ensure that the permanent resident or foreign national is provided with a summary of information and other evidence that enables them to be reasonably informed of the case made by the Minister in the proceeding but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed; (3) Paragraph 83(1.2)(c) of the Act is replaced by the following: (c) the person has knowledge of information or other evidence whose disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence. 105 Paragraph 85.1(2)(a) of the Act is replaced by the following: (a) the Minister’s claim that the disclosure of information or other evidence would be injurious to international relations, national defence or national security or endanger the safety of any person; and 106 Subsection 86.1(1) of the Act is replaced by the following: Judicial review 86.1 (1) The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. The application may be made without an application for leave. 107 Subsection 87.01(1) of the Act is replaced by the following: Appeal by Minister 87.01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. DIVISION 4 Transitional Provisions, Coordinating Amendments and Coming into Force Transitional Provisions Previously commenced proceedings 108 (1) Subject to subsections (2) and (3), any proceeding commenced before the day on which this section comes into force and in respect of which any of the provisions amended or repealed by this Part apply is to be continued in accordance with those provisions as they read immediately before that day. Section 37.1 — Canada Evidence Act (2) Section 37.1 of the Canada Evidence Act , as that section read immediately before the day on which this section comes into force, continues to apply in respect of a determination made under any of subsections 37(4.1) to (6) of that Act in relation to a criminal trial or other criminal proceeding if the charge at issue in the trial or other proceeding is laid before that day. Section 38.09 — Canada Evidence Act (3) Section 38.09 of the Canada Evidence Act , as that section read immediately before the day on which this section comes into force, continues to apply in respect of an order made under any of subsections 38.06(1) to (3) of that Act in relation to a criminal trial or other criminal proceeding if the charge at issue in the trial or other proceeding is laid before that day. Coordinating Amendments 2024, c. 4 109 On the first day on which both section 17 of the National Security Review of Investments Modernization Act and section 84 of this Act are in force, paragraphs 25.7(1)(a) to (e) of the Investment Canada Act are repealed. Bill C-26 110 (1) Subsections (2) to (9) apply if Bill C-26, introduced in the 1st session of the 44th Parliament and entitled An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which section 2 of the other Act and section 84 of this Act are in force, paragraphs 15.9(1)(a) to (e) of the Telecommunications Act are repealed. (3) If section 12 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 5 of the schedule to the Canada Evidence Act is repealed. (4) If section 84 of this Act comes into force before section 12 of the other Act, then that section 12 is deemed never to have come into force and is repealed. (5) If section 12 of the other Act comes into force on the same day as section 84 of this Act, then that section 12 is deemed never to have come into force and is repealed. (6) On the first day on which section 145 of the Critical Cyber Systems Protection Act , as enacted by section 13 of the other Act, and section 84 of this Act are in force, paragraphs 145(1)(a) to (e) of the Critical Cyber Systems Protection Act are repealed. (7) If section 14 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 6 of the schedule to the Canada Evidence Act is repealed. (8) If section 84 of this Act comes into force before section 14 of the other Act, then that section 14 is repealed. (9) If section 14 of the other Act comes into force on the same day as section 84 of this Act, then that section 14 is deemed never to have come into force and is repealed. Bill C-27 111 (1) Subsections (2) to (4) apply if Bill C-27, introduced in the 1st session of the 44th Parliament and entitled the Digital Charter Implementation Act, 2022 (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 108 of the Consumer Privacy Protection Act , as enacted by section 2 of the other Act, and section 84 of this Act are in force, (a) subsection 108(1) of the Consumer Privacy Protection Act is replaced by the following: Certificate under Canada Evidence Act 108 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate. (b) the portion of subsection 108(2) of that Act before paragraph (a) is replaced by the following: Certificate following filing of complaint (2) Despite any other provision of this Act, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Act in relation to a request for access to that information, (c) subsections 108(3) and (4) of that Act are replaced by the following: Information not to be disclosed (3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in exercising their powers and performing their duties and functions under this Act, must not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act and must take every reasonable precaution to avoid the disclosure of that information. Power to delegate (4) The Commissioner must not delegate the investigation or inquiry in respect of any complaint relating to information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation or inquiry, as the case may be. (3) If section 4 of the other Act comes into force before section 93 of this Act, then that section 93 is repealed. (4) If section 4 of the other Act comes into force on the same day as section 93 of this Act, then that section 93 is deemed to have come into force before that section 4. Coming into Force 60th day after royal assent 112 This Part, other than sections 109 to 111 , comes into force on the 60th day after the day on which this Act receives royal assent. PART 4 Foreign Influence Transparency and Accountability Act Enactment of Act Enactment 113 The Foreign Influence Transparency and Accountability Act is enacted as follows: An Act respecting the provision and registration of information in relation to arrangements entered into with foreign states or powers and their proxies under which persons undertake to carry out certain activities in relation to political or governmental processes in Canada Preamble Whereas Canada’s national security is increasingly challenged by foreign states or powers and their proxies; Whereas interference by foreign states or powers and their proxies has a significant impact on Canada’s international relations and foreign policy; Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at all levels of government in Canada have systemic effects throughout the country and endanger democracy, sovereignty and core Canadian values; Whereas efforts by foreign states or powers and their proxies to influence, in a non-transparent manner, political and governmental processes at one level of government in Canada may have effects on the political and governmental processes of another level of government; Whereas some of those efforts have a particularly negative effect on certain communities in Canada; Whereas there is a growing consensus in Canada and among its allies that foreign influence registries are a necessary tool to lessen foreign interference in the affairs of sovereign states; Whereas it is desirable that information respecting certain foreign influence activities that are carried out in relation to political or governmental processes in Canada be registered in a way that makes it accessible to the public; Whereas the registration of that information should not impede freedoms that are vital to Canada’s political culture; And whereas it is desirable that an independent public office holder administer and enforce requirements respecting the registration of that information; Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Foreign Influence Transparency and Accountability Act . Definitions Definitions 2 The following definitions apply in this Act. arrangement  means an arrangement under which a person undertakes to carry out, under the direction of or in association with a foreign principal, any of the following activities in relation to a political or governmental process in Canada: (a) communicating with a public office holder; (b) communicating or disseminating or causing to be communicated or disseminated by any means, including social media, information that is related to the political or governmental process; (c) distributing money or items of value or providing a service or the use of a facility. ( arrangement ) Commissioner  means the Foreign Influence Transparency Commissioner appointed under subsection 9(1). ( commissaire ) foreign principal  means a foreign economic entity , a foreign entity , a foreign power or a foreign state , as those expressions are defined in subsection 2(1) of the Security of Information Act . ( commettant étranger ) Minister  means the Minister of Public Safety and Emergency Preparedness. ( ministre ) person  includes a corporation, a trust, a joint venture, a partnership, a fund, an unincorporated association or organization and any other legal entity. ( personne ) political or governmental process  includes (a) any proceeding of a legislative body; (b) the development of a legislative proposal; (c) the development or amendment of any policy or program; (d) the making of a decision by a public office holder or government body, including the awarding of a contract; (e) the holding of an election or referendum; and (f) the nomination of a candidate or the development of an electoral platform by a political party. ( processus politique ou gouvernemental ) public office holder  means an individual included in a class of individuals specified in the regulations and, unless they are excluded by the regulations, any of the following individuals: (a) a public office holder as defined in subsection 2(1) of the Lobbying Act ; (b) an individual referred to in any of paragraphs 4(1)(a) to (c) of that Act; (c) an individual referred to in paragraph 4(1)(d) or (d.1) of that Act; (d) an officer or employee of an entity referred to in subparagraph 4(c)(ii) of this Act. ( titulaire d’une charge publique ) Purpose Purpose 3 The purpose of this Act is (a) to ensure that persons who, under an arrangement, carry out activities in relation to a political or governmental process in Canada do so in a transparent manner; (b) to deter foreign principals from making efforts to influence political or governmental processes in Canada in a non-transparent manner; (c) to raise public awareness of efforts by foreign principals to influence political or governmental processes in Canada; and (d) to strengthen national security. Application Application 4 This Act applies to arrangements relating to any of the following political or governmental processes: (a) federal political or governmental processes; (b) provincial, territorial, or municipal political or governmental processes; (c) the political or governmental processes of (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 , or (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis. Provision of Information Duty to provide information 5 (1) A person who enters into an arrangement with a foreign principal must, within 14 days after the day on which they enter into the arrangement, provide the Commissioner with the information specified in the regulations. Duty to update information (2) The person must, in accordance with the regulations, also provide the Commissioner with updates on any information they have provided under this section. Non-application — persons 6 (1) Section 5 does not apply to any of the following persons: (a) a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development; (b) an employee of a foreign principal who is acting openly in the employee’s official capacity; (c) a person who is included in a class of persons specified in the regulations. Non-application — arrangements (2) Section 5 does not apply to any of the following arrangements: (a) an arrangement to which His Majesty in right of Canada is a party; (b) an arrangement that is included in a class of arrangements specified in the regulations. Prohibition — false or misleading information 7 A person must not knowingly provide any false or misleading information to the Commissioner or to any person acting on the Commissioner’s behalf or under the Commissioner’s direction. Registry Duties of Commisioner 8 (1) The Commissioner must establish and maintain a registry that contains information provided under section 5 that is included in a class of information specified in the regulations. Accessible to public (2) The registry must be accessible to the public. Foreign Influence Transparency Commissioner Appointment 9 (1) The Governor in Council is to appoint an individual to be known as the Foreign Influence Transparency Commissioner, to be responsible for the administration and enforcement of this Act. Consultation (2) The appointment is to be made after (a) consultation with (i) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate, (ii) the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, (iii) the Leader of the Opposition in the House of Commons, and (iv) the leader in the House of Commons of each party having at least 12 members in that House; and (b) approval of the appointment by resolution of the Senate and House of Commons. Tenure of office and removal (3) Subject to this section, the Commissioner holds office during good behaviour for a term of up to seven years, but may be removed for cause by the Governor in Council at any time. Reappointment (4) The Commissioner is eligible to be reappointed for one additional term of up to seven years. Interim appointment (5) In the event of the absence or incapacity of the Commissioner, or if that office is vacant, the Governor in Council may appoint an individual to hold that office in the interim for a term of up to six months, and that individual is to, while holding office, be paid the remuneration and expenses that may be fixed by the Governor in Council. Remuneration 10 (1) The Commissioner is to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses (2) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions under this Act while absent from their ordinary place of work. Clarifications (3) For greater certainty, the Commissioner is an employee for the purposes of the Government Employees Compensation Act and is employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . Deputy Commissioners and staff 11 (1) The Deputy Commissioners and officers and employees that are necessary to enable the Commissioner to exercise their powers and perform their duties and functions under this Act are to be appointed in accordance with the Public Service Employment Act . Powers, duties and functions of Deputy Commissioners (2) The Deputy Commissioners are to exercise the powers, and perform the duties and functions, that the Commissioner may assign to them. Technical assistance 12 The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the Commissioner’s work to advise and assist the Commissioner in the exercise of their powers and performance of their duties and functions and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons. Advisory opinions and interpretation bulletins 13 (1) The Commissioner may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act. Clarifications (2) The advisory opinions and interpretation bulletins are not statutory instruments for the purposes of the Statutory Instruments Act and are not binding. Immunity 14 No civil or criminal proceeding lies against the Commissioner, or any person acting on their behalf or under their direction, in respect of anything that is done or omitted to be done in good faith in the course of the exercise or performance, or purported exercise or performance, of any power, duty or function of the Commissioner under this Act. Confidentiality Limitation on disclosure 15 With the exception of information in the registry made accessible to the public under section 8, the Commissioner, and any person acting on the Commissioner’s behalf or under the Commissioner’s direction, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act, unless (a) the disclosure is, in the opinion of the Commissioner, necessary for the purpose of conducting an investigation under section 16; (b) the information is disclosed in the course of proceedings for a violation under this Act; (c) the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner; (d) the Commissioner believes on reasonable grounds that the disclosure may assist a law enforcement agency in the investigation of an offence under this or any other Act of Parliament or of the legislature of a province or territory; (e) the disclosure is authorized under the regulations; or (f) the disclosure is otherwise permitted, authorized or required by law. Investigations Power to investigate 16 (1) The Commissioner may conduct an investigation for the purpose of ensuring compliance with subsection 5(1) or (2) or section 7. Powers on investigation (2) In conducting an investigation, the Commissioner may (a) in the same manner and to the same extent as a superior court of record, (i) summon and enforce the attendance of persons before the Commissioner and compel them to give oral or written evidence on oath or solemn affirmation, and (ii) compel persons to produce any documents or other things that the Commissioner considers relevant for the investigation; (b) administer oaths and solemn affirmations; and (c) receive and accept information, whether or not it would be admissible as evidence in a court of law. Evidence in other proceedings 17 Evidence given by a person in an investigation and evidence of the existence of an investigation are inadmissible against the person in a court or in any other proceeding, other than in a proceeding for a violation under this Act or in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner. Administrative Monetary Penalties Violation and liability 18 (1) A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty. Purpose (2) The purpose of an administrative monetary penalty is to promote compliance with this Act and not to punish. Violation or offence (3) If an act or omission may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Notice of violation 19 (1) The Commissioner may issue a notice of violation to a person if the Commissioner has reasonable grounds to believe that the person has committed a violation. Contents (2) The notice of violation must set out (a) the person’s name; (b) the violation at issue; (c) the amount of the administrative monetary penalty to which the person is liable; (d) the person’s right, within 30 days after the day on which the notice is served or within any longer period that the Commissioner may specify, to pay the penalty or to make representations to the Commissioner with respect to the violation and the penalty, and the manner for doing so; and (e) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commissioner may impose a penalty in respect of it. Payment of penalty 20 (1) If the person pays the penalty in accordance with the notice of violation, they are deemed to have committed the violation and proceedings in respect of it are ended. Decision — commission of violation (2) If the person makes representations in accordance with the notice, the Commissioner must decide, on a balance of probabilities, whether the person committed the violation and, if so, may impose the penalty set out in the notice, a lesser penalty or no penalty. Failure to pay or make representations (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commissioner may impose the penalty set out in the notice, a lesser penalty or no penalty. Notice of decision (4) The Commissioner must cause notice of any decision made under subsection (2) or (3) to be served on the person. Publication 21 (1) The Commissioner must make public the nature of a violation, the name of the person who committed it and the amount of the penalty imposed, if any. Reasons (2) In doing so, the Commissioner may include the reasons for their decision, including the relevant facts, analysis and considerations that formed part of it. Regulations 22 The Governor in Council may make regulations respecting the administrative monetary penalties scheme, including regulations respecting (a) the amount, or range of amounts, of the administrative monetary penalties that may be imposed; (b) the factors to be taken into account in relation to the imposition of an administrative monetary penalty; (c) compliance agreements; and (d) the individuals or classes of individuals who may exercise or perform any of the Commissioner’s powers, duties or functions in relation to the scheme, including the designation of such individuals or classes of individuals by the Commissioner. Offences Contravention — subsection 5(1) or (2) or section 7 23 (1) Every person commits an offence if they contravene subsection 5(1) or (2) or section 7. Due diligence defence (2) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of section 7, if they establish that they exercised due diligence to prevent the commission of the offence. Obstruction 24 Every person commits an offence if they knowingly obstruct the Commissioner, or any person acting on the Commissioner’s behalf or under the Commissioner’s direction, in the conduct of any of the Commissioner’s powers, duties and functions under this Act. Punishment — sections 23 and 24 25 Every person who commits an offence under section 23 or 24 is liable (a) on conviction on indictment, to a fine of not more than $5 million or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years less a day, or to both. Judicial Review Rules 26 (1) The following rules apply to judicial review proceedings in respect of decisions made by the Commissioner under this Act: (a) the judge must provide the applicant and the Commissioner with an opportunity to be heard; (b) if the judge determines that evidence or other information provided by the Commissioner is not relevant or if the Commissioner withdraws evidence or other information, the judge must not base their decision on that evidence or other information and must return it to the Commissioner; and (c) the judge must ensure the confidentiality of all evidence and other information that the Commissioner withdraws. Protection of information on appeal (2) Subsection (1) applies to any appeal of a decision made by a judge in relation to the judicial review proceedings referred to in this section and to any further appeal, with any necessary modifications. Definition of judge (3) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. Regulations Regulations 27 The Governor in Council may make regulations (a) specifying classes of individuals for the purposes the definition public office holder in section 2; (b) excluding classes of individuals from that definition; (c) specifying the information to be provided for the purposes of section 5; (d) respecting the updating of information for the purposes of subsection 5(2); (e) specifying classes of persons for the purposes of paragraph 6(1)(c) and classes of arrangements for the purposes of paragraph 6(2)(b); (f) specifying the classes of information to be contained in the registry referred to in section 8; (g) respecting the retention and disposal by the Commissioner of information contained in the registry referred to in section 8; (h) authorizing government institutions , as defined in section 3 of the Privacy Act , or entities specified in the regulations to disclose information to the Commissioner and any other individual referred to in subsection 11(1) for the purposes specified in the regulations; and (i) respecting the disclosure of information for the purposes of paragraph 15(e). Reports Annual report 28 (1) The Commissioner must, within six months after the end of each fiscal year, submit to the Minister an annual report on the Commissioner’s activities during that year. Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it. Special reports 29 (1) The Commissioner may, at any time, submit a special report to the Minister on any matter that is within the scope of the Commissioner’s powers, duties and functions. Tabling in Parliament (2) The Minister must cause the special report to be tabled in each House of Parliament on any of the first 15 days on which the House is sitting after the day on which the Minister receives it. Consultation 30 (1) In preparing an annual or special report, the Commissioner must consult with the deputy heads concerned to ensure that it does not contain information whose disclosure would be injurious to international relations, national defence or national security. Definition of deputy head (2) In this section, deputy head has the same meaning as in section 2 of the National Security and Intelligence Review Agency Act . Review Review of Act 31 (1) During the first year after a general election, a comprehensive review of this Act and its operation must be undertaken by the committee of the Senate or of the House of Commons that is designated or established for that purpose. Report (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate or the House of Commons, as the case may be, authorizes — submit to the appropriate House a report on the review that includes a statement of any changes that the committee recommends. Response 32 The Minister must, no later than 120 days after the day on which the report referred to in subsection 31(2) is submitted, cause to be tabled in each House of Parliament a response that addresses each of the changes recommended in the report. Transitional Provisions Existing arrangements — federal processes 33 If, before the day on which paragraph 4(a) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day. Existing arrangements — provincial, territorial or municipal processes 34 If, before the day on which paragraph 4(b) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day. Existing arrangements — Indigenous processes 35 If, before the day on which paragraph 4(c) comes into force, a person has entered into an arrangement with a foreign principal in relation to a process referred to in that paragraph and the arrangement is in force on that day, then subsection 5(1) applies to the person but the required information must be provided within 60 days after that day. Consequential Amendments R.S., c. P- 36 Public Service Superannuation Act 114 Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Foreign Influence Transparency Commissioner Commissaire à la transparence en matière d’influence étrangère 2017, c. 15 National Security and Intelligence Committee of Parliamentarians Act 115 (1) The definition department in section 2 of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following: department  means, except in subsection 25(2), a department named in Schedule I to the Financial Administration Act , a division or branch of the federal public administration — other than a review body or the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act, the Canadian Forces or the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act . ( ministère ) (2) The definition appropriate Minister in section 2 of the Act is amended by striking out “or” at the end of paragraph (c.1), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) with respect to the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act , the Minister of Public Safety and Emergency Preparedness. ( ministre compétent ) 2019, c. 13, s. 2 National Security and Intelligence Review Agency Act 116 (1) The definition department in section 2 of the National Security and Intelligence Review Agency Act is replaced by the following: department  means, other than in subsection 42(2), a department named in Schedule I to the Financial Administration Act , a division or branch of the federal public administration — other than a review body and the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act, the Canadian Forces or the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act . ( ministère ) (2) The definition appropriate Minister in section 2 of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e): (f) with respect to the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act , the Minister of Public Safety and Emergency Preparedness. ( ministre compétent ) Coming into Force Order in council 117 (1) Subject to subsections (2) and (3), this Part comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Paragraph (b) of the definition public office holder in section 2 of the Foreign Influence Transparency and Accountability Act , as enacted by section 113 , and paragraph 4(b) of that Act come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1). Order in council (3) Paragraphs (c) and (d) of the definition public office holder in section 2 of the Foreign Influence Transparency and Accountability Act , as enacted by section 113 , and paragraph 4(c) of that Act come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1).