C-44
Second Session, Forty-first Parliament,
62-63 Elizabeth II, 2013-2014
HOUSE OF COMMONS OF CANADA
BILL C-44
An Act to amend the Canadian Security Intelligence Service Act and other Acts
first reading, October 27, 2014
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90750
SUMMARY
This enactment amends the Canadian Security Intelligence Service Act to give greater protection to the Canadian Security Intelligence Service’s human sources. Also, so as to enable the Service to more effectively investigate threats to the security of Canada, the enactment clarifies the scope of the Service’s mandate and confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. In addition, it makes a consequential amendment to the Access to Information Act.
The enactment also amends the Strengthening Canadian Citizenship Act to allow for the coming into force of provisions relating to the revocation of Canadian citizenship on a different day than the day on which certain other provisions of that Act come into force.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
house of commons of canada
BILL C-44
An Act to amend the Canadian Security Intelligence Service Act and other Acts
Her 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 Protection of Canada from Terrorists Act.
R.S., c. C-23
CANADIAN SECURITY INTELLIGENCE SERVICE ACT
2. Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:
“human source”« source humaine »
“human source” means an individual who, after having received a promise of confidentiality, has provided, provides or is likely to provide information to the Service;
3. Section 12 of the Act is renumbered as subsection 12(1) and is amended by adding the following:
No territorial limit
(2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada.
4. Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:
No territorial limit
(2) For greater certainty, the Service may conduct the investigations referred to in subsection (1) within or outside Canada.
2001, c. 27, s. 224
5. (1) Paragraph 16(1)(b) of the French version of the Act is replaced by the follow-ing:
b) d’une personne qui n’appartient à aucune des catégories suivantes :
(i) les citoyens canadiens,
(ii) les résidents permanents au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés,
(iii) les personnes morales constituées sous le régime d’une loi fédérale ou provinciale.
(2) Paragraph 16(3)(b) of the French version of the Act is replaced by the follow-ing:
b) au consentement personnel écrit du ministre.
6. Subsection 18(1) of the Act is replaced by the following:
Offence to disclose identity
18. (1) Subject to subsection (2), no person shall knowingly disclose any information that they obtained or to which they had access in the course of the performance of their duties and functions under this Act or their participation in the administration or enforcement of this Act and from which could be inferred the identity of an employee who was, is or is likely to become engaged in covert operational activities of the Service or the identity of a person who was an employee engaged in such activities.
7. The Act is amended by adding the following after section 18:
Purpose of section — human sources
18.1 (1) The purpose of this section is to ensure that the identity of human sources is kept confidential in order to protect their life and security and to encourage individuals to provide information to the Service.
Prohibition on disclosure
(2) Subject to subsections (3) and (8), no person shall, in a proceeding before a court, person or body with jurisdiction to compel the production of information, disclose the identity of a human source or any information from which the identity of a human source could be inferred.
Exception — consent
(3) The identity of a human source or information from which the identity of a human source could be inferred may be disclosed in a proceeding referred to in subsection (2) if the human source and the Director consent to the disclosure of that information.
Application to judge
(4) A party to a proceeding referred to in subsection (2), an amicus curiae who is appointed in respect of the proceeding or a person who is appointed to act as a special advocate if the proceeding is under the Immigration and Refugee Protection Act may apply to a judge for one of the following orders if it is relevant to the proceeding:
(a) an order declaring that an individual is not a human source or that information is not information from which the identity of a human source could be inferred; or
(b) if the proceeding is a prosecution of an offence, an order declaring that the disclosure of the identity of a human source or information from which the identity of a human source could be inferred is essential to establish the accused’s innocence and that it may be disclosed in the proceeding.
Contents and service of application
(5) The application and the applicant’s affidavit deposing to the facts relied on in support of the application shall be filed in the Registry of the Federal Court. The applicant shall, without delay after the application and affidavit are filed, serve a copy of them on the Attorney General of Canada.
Attorney General of Canada
(6) Once served, the Attorney General of Canada is deemed to be a party to the application.
Hearing
(7) The hearing of the application shall be held in private and in the absence of the applicant and their counsel, unless the judge orders otherwise.
Order — disclosure to establish innocence
(8) If the judge grants an application made under paragraph (4)(b), the judge may order the disclosure that the judge considers appropriate subject to any conditions that the judge specifies.
Effective date of order
(9) If the judge grants an application made under subsection (4), any order made by the judge does not take effect until the time provided to appeal the order has expired or, if the order is appealed and is confirmed, until either the time provided to appeal the judgement confirming the order has expired or all rights of appeal have been exhausted.
Confidentiality
(10) The judge shall ensure the confidentiality of the following:
(a) the identity of any human source and any information from which the identity of a human source could be inferred; and
(b) information and other evidence provided in respect of the application if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person.
Confidentiality on appeal
(11) In the case of an appeal, subsection (10) applies, with any necessary modifications, to the court to which the appeal is taken.
8. (1) Subsection 21(1) of the Act is replaced by the following:
Application for warrant
21. (1) If the Director or any employee designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable 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.
(2) Section 21 of the Act is amended by adding the following after subsection (3):
Activities outside Canada
(3.1) 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.
9. The portion of subsection 39(2) of the Act before paragraph (a) is replaced by the following:
Access to information
(2) Despite subsection 18.1(2), any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (3), the Review Committee is entitled
2014, c. 22
STRENGTHENING CANADIAN CITIZENSHIP ACT
10. Subsection 24(5) of the Strengthening Canadian Citizenship Act is replaced by the following:
2008, c. 14, s. 12(5)
(5) Paragraphs 27(i) to (j.1) of the Act are replaced by the following:
(i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;
(i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;
(j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;
(j.1) providing for the renunciation of citizenship by persons
(i) who are citizens under paragraph 3(1)(f) or (g),
(ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
(iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
(5.1) Section 27 of the Act is amended by adding the following after paragraph (j.1):
(j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);
(5.2) Paragraph 27(k) of the Act is replaced by the following:
(k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;
(k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;
(k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;
(k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;
(k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;
(k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and
11. (1) Section 31 of the Act is amended by adding the following after subsection (2):
Order in council
(2.1) On the day on which section 8 comes into force, the reference to section 11 in subsection (1) is replaced by a reference to that section 8.
(2) Paragraph 31(3)(a) of the Act is replaced by the following:
(a) the reference to section 8 in subsection (1) is replaced by a reference to that subsection 2(2); and
12. Subsection 46(2) of the Act is replaced by the following:
Order in council
(2) Subsections 2(2), (3), (5), (6), (8), (11), (15) and (17) to (19), 3(1), (2), (4) to (6) and (8) and 4(2), (3), (5), (6), (8), (10) and (11), section 6, subsections 9(2) and (4), section 10, subsection 12(2), section 15, subsections 16(1) and (3), sections 17 and 18, subsections 19(1) and (3), section 23 subsections 24(2) to (5), (5.2) and (6) and sections 25 and 28 to 30 come into force on a day to be fixed by order of the Governor in Council that is made not earlier than one day after the day on which an order is made under subsection (1).
Order in council
(2.1) Subsections 7(1) and (2), section 8, subsection 9(1), section 14, subsection 19(2), section 21, subsection 24(5.1) and sections 42 and 43 come into force on a day to be fixed by order of the Governor in Council.
R.S., c. A-1
CONSEQUENTIAL AMENDMENT TO THE ACCESS TO INFORMATION ACT
13. Schedule II to the Access to Information Act is amended by replacing the reference to “section 18” opposite the reference to “Canadian Security Intelligence Service Act” with a reference to “sections 18 and 18.1”.
Published under authority of the Speaker of the House of Commons