Bill C-30 (Historical)

Protecting Children from Internet Predators Act

An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts

Part 1 enacts the Investigating and Preventing Criminal Electronic Communications Act, which requires telecommunications service providers to put in place and maintain certain capabilities that facilitate the lawful interception of information transmitted by telecommunications and to provide basic information about their subscribers to the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Commissioner of Competition and any police service constituted under the laws of a province.
Part 2 amends the Criminal Code in respect of authorizations to intercept private communications, warrants and orders and adds to that Act new investigative powers in relation to computer crime and the use of new technologies in the commission of crimes. Among other things, it
(a) provides that if an authorization is given under certain provisions of Part VI, the judge may at the same time issue a warrant or make an order that relates to the investigation in respect of which the authorization is given;
(b) provides that the rules respecting confidentiality that apply in respect of a request for an authorization to intercept private communications also apply in respect of a request for a related warrant or order;
(c) requires the Minister of Public Safety and Emergency Preparedness to report on the interceptions of private communications made without authorizations;
(d) provides that a person who has been the object of an interception made without an authorization must be notified of the interception within a specified period;
(e) permits a peace officer or a public officer, in certain circumstances, to install and make use of a number recorder without a warrant;
(f) extends to one year the maximum period of validity of a warrant for a tracking device and a number recorder if the warrant is issued in respect of a terrorism offence or an offence relating to a criminal organization;
(g) provides the power to make preservation demands and orders to compel the preservation of electronic evidence;
(h) provides new production orders to compel the production of data relating to the transmission of communications and the location of transactions, individuals or things;
(i) provides a warrant to obtain transmission data that will extend to all means of telecommunication the investigative powers that are currently restricted to data associated with telephones; and
(j) provides warrants that will enable the tracking of transactions, individuals and things and that are subject to legal thresholds appropriate to the interests at stake.
It also amends offences in the Criminal Code relating to hate propaganda and its communication over the Internet, false information, indecent communications, harassing communications, devices used to obtain telecommunication services without payment and devices used to obtain the unauthorized use of computer systems or to commit mischief.
Part 2 also amends the Competition Act to make applicable, for the purpose of enforcing certain provisions of that Act, the new provisions being added to the Criminal Code respecting demands and orders for the preservation of computer data and orders for the production of documents relating to the transmission of communications or financial data. It also modernizes the provisions of the Act relating to electronic evidence and provides for more effective enforcement in a technologically advanced environment.
Lastly, it amends the Mutual Legal Assistance in Criminal Matters Act to make some of the new investigative powers being added to the Criminal Code available to Canadian authorities executing incoming requests for assistance and to allow the Commissioner of Competition to execute search warrants under the Mutual Legal Assistance in Criminal Matters Act.
Part 3 contains coordinating amendments and coming-into-force provisions.

Short Title of Bill C-30—Speaker's Ruling

[The Speaker, Andrew Scheer]

Further to the point of order raised by the member for Saanich—Gulf Islands, I would like to provide clarification concerning the introduction of the government bill during this morning's routine proceedings.

Following the introduction of Bill C-30, An Act to enact the Investigating and Preventing Criminal Electronic Communications Act and to amend the Criminal Code and other Acts, there was an error in a limited number of courtesy copies distributed to the House. These have since been replaced with the correct version. I want to reassure the House that the bill, as introduced, was in its correct form and, therefore, is properly before the House.

I regret any inconvenience this may have caused members.

Short Title of Bill C-30

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I rise on a point of order with regard to the tabling earlier today of Bill C-30. I would refer to Standing Order 68(1), which states:

Every bill is introduced upon motion....

It further states, in Standing Order 68(3), that:

(3) No bill may be introduced either in blank or in an imperfect shape.

I raise this looking for guidance. The copy of the bill that was distributed throughout the opposition lobbies referred to the bill as having a short title that was “the lawful access act”. However, having been briefed by the minister's staff and representatives of the Department for Public Safety and the Department of Justice, we were informed earlier this morning in private, but without any copies of the legislation, that the bill was to have a short title, “protecting children from Internet predators act”.

I checked and found that the versions were distributed to all members of Parliament, at least to the opposition benches. I do not know whether the Conservatives received the proper copy. It appears to me that there is a significant chance that Bill C-30 was tabled in a way that violates Standing Order 68(3) and, therefore, was imperfect in its tabling and should be withdrawn.

This is a novel question for me in my brief time in the House but it suggests that it was a last minute public relations change to move from the short title “lawful access act” to “protecting children from Internet predators act”.

I raise this issue with you, Mr. Speaker, to have your guidance as to whether the imperfection in the way the bill was distributed to members affected the imperfection in the way it was delivered to the House itself.