National Security Act, 2017

An Act respecting national security matters

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.
Part 1.‍1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.
Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.
Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to
(a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;
(c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;
(d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;
(e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;
(f) make amendments to the warrant regime that are related to datasets; and
(g) implement measures for the management of datasets.
Part 5 amends the Security of Canada Information Sharing Act to, among other things,
(a) emphasize that the Act addresses only the disclosure of information and not its collection or use;
(b) clarify the definition of “activity that undermines the security of Canada”;
(c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;
(d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;
(e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and
(f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.
Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.
Part 7 amends the Criminal Code to, among other things,
(a) make certain procedural modifications to the terrorist listing regime under section 83.‍05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;
(b) change the offence of advocating or promoting terrorism offences in general, in section 83.‍21, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;
(c) raise one of the thresholds for imposing a recognizance with conditions under section 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
(d) repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), which require annual reports on such hearings;
(e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‍011 in the previous year; and
(f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, to make orders for the protection of witnesses.
Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.
Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the fourth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-59s:

C-59 (2023) Law Fall Economic Statement Implementation Act, 2023
C-59 (2015) Law Economic Action Plan 2015 Act, No. 1
C-59 (2013) Law Appropriation Act No. 1, 2013-14
C-59 (2011) Law Abolition of Early Parole Act
C-59 (2009) Keeping Canadians Safe Act (International Transfer of Offenders)
C-59 (2008) Law Appropriation Act No. 3, 2008-2009

Votes

June 11, 2019 Passed Motion respecting Senate amendments to Bill C-59, An Act respecting national security matters
June 11, 2019 Failed Motion respecting Senate amendments to Bill C-59, An Act respecting national security matters (amendment)
June 11, 2019 Passed Motion for closure
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
June 19, 2018 Passed 3rd reading and adoption of Bill C-59, An Act respecting national security matters
June 11, 2018 Passed Concurrence at report stage and second reading of Bill C-59, An Act respecting national security matters
June 11, 2018 Failed Bill C-59, An Act respecting national security matters (report stage amendment)
June 6, 2018 Passed Time allocation for Bill C-59, An Act respecting national security matters
Nov. 27, 2017 Passed Bill C-59, An Act respecting national security matters (referral to a committee before second reading)

National Security Act, 2017Government Orders

June 7th, 2018 / 1:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, it is passing strange to hear the hon. member for Winnipeg Centre go to a dictionary definition of “repudiate” in the context of Bill C-51. Last I checked, to repudiate something means to reject it, not to vote for it. The Liberals voted for Stephen Harper's Bill C-51. While the Conservatives may have cheered, Canadians did not.

Could the member tell us what has changed since the Liberals voted for Mr. Harper's Bill C-51, the bill that did not get the balance correct between civil liberties and the need for security? Could the member tell us what is significantly different about this bill and maybe why her colleagues voted for Bill C-51 in the last Parliament?

National Security Act, 2017Government Orders

June 7th, 2018 / 1:45 p.m.

Liberal

Yvonne Jones Liberal Labrador, NL

Mr. Speaker, maybe I can best speak to this by quoting the experts from the University of Ottawa and the University of Toronto, who said that this is the biggest reform of Canadian national security law since 1984 and the creation of CSIS. We have needed this for a while. They said that there “are solid gains—measured both from a rule of law and civil liberties perspective—and come at no credible cost to security.”

The bill is supported by Amnesty International, civil liberties groups, and the Canadian Civil Liberties Association. These are the people who are standing up to support this to ensure that there is a balance between the safety and security of Canadians and our right to democratically act in a way that we feel is important.

National Security Act, 2017Government Orders

June 7th, 2018 / 1:45 p.m.

Conservative

Bradley Trost Conservative Saskatoon—University, SK

Mr. Speaker, I appreciate the opportunity to bring this to the top of the hour and to bring forward some general remarks on this piece of legislation. Not having been a member of the committee, I find it refreshing to take a look at this matter and to provide some perspective on it.

There are two ways to look at bills such this. We can look at the very detailed technical aspects, and we can look at a philosophical overview. In this speech, I will attempt to provide a bit of a blend of the two approaches.

One of the problems I have when I look at this legislation is that it has seemed to come forward with the general concept that our security forces, the RCMP, CSIS, and the Communications Security Establishment, have too much authority, too great an ability to disrupt and take activities to go forward to fight terrorism. The philosophy of this legislation seems to be to take steps to actually restrict our security organizations from implementing steps to go forward to fight terrorism and threats to our national security. I am fairly concerned about that, because it seems to be a habit of the government to take political nuance from what is happening in the United States and to apply that to Canada.

I understand by talking with a lot of voters and other people that they often confuse legislation and activities in the United States with what we do here in Canada. Our legislation and our activities are fairly different. There is a section in this legislation that indicates and makes clear that the government and the security forces do not engage in torture and activities like that. Of course, Canadian security organizations never have.

Looking at things such as that in the legislation, I begin to think that perhaps the government was responding to perceptions of what was happening in the United States. That is an important thing for Canadians to realize. What happens in other countries does not necessarily happen here, even though we may hear about things on the news and assume that they affect our country as well.

With that in mind, let me express a few concerns I have about this legislation. One of the things the legislation does is make it more difficult for government organizations to share information internally between one department and another and between one organization and another. That is a concern Canadian parliamentarians have had for many years. If the organizations' security apparatus become too siloed, and the information becomes too internalized, organizations that need the information cannot act upon it. This is fairly well documented and well known in Canada because of the great tragedy of the Air India disaster, when the RCMP was unable to get all the information around to everyone who needed it.

This is concerning, because it seems that we are taking a step back from previous legislation, in which we tried to have organizations, security personal, and police who needed the information have access to information from other departments. That is very much concerning.

I understand the concern that information will be misused or that information will be inappropriately obtained, but I think it is probably better to look at whether the information is necessary and whether it is appropriate in the first place. That may be the point the government should perhaps concentrate on in its legislation. If the information is necessary, valid, and properly obtained, it should be shared widely and easily so that the information can be applied for our security.

Another major concern I have with this legislation is the change on advocacy and the promotion of terrorism. This is one of those areas where I understand that there are difficulties between very robust freedom of speech and crossing the line over to what is advocating for terrorism, which is advocating for the destruction of our society.

I am very concerned about this, because here is the problem. This problem also ties in with the ability to disrupt, and I will talk about that later on. We need, in our society, to be able to get ahead of terrorism and terrorist activities before they actually cause the loss of life, before they cause damage to our institutions.

This is why we need to have fairly robust measures in our legislation to block the advocacy and promotion of terrorism. There are organizations that come very close to the line. Everyone knows what they are implying, without their explicitly stating that terrorism is good and necessary, whether directly against Canada or other places in the world. We know they are indicating to people what they want them to do. They use this to help raise funds and support, helping to build a cause that most Canadians would find repugnant. That is why I find it distressing that the government has watered-down these provisions in this legislation.

I would urge the government members to think very carefully about this, because we need to be able to stop terrorism before it happens. We need to be able to cut off the funds, political support, and the philosophical and public relations activities of terrorist organizations before they actually get to a point where they can damage our society.

That ties into my next concern about this legislation, which is the restriction on threat disruption. I think the latter is fairly commonsense to most Canadians when they look at it. We would like to our security organizations, our police forces, to be able to interfere and stop an event before it happens. I know that some members of the NDP have expressed concerns that this power should perhaps not belong with CSIS, but with the RCMP. However, here is the problem. If CSIS or the RCMP has information that something is going to happen imminently, they need to be able to move fairly quickly and rapidly, and not have to worry about the administrative procedures on how to get there. This is something that I have great concerns about.

I am going to make a couple of quick recommendations in the two minutes I have left about what the government could perhaps concentrate on in future legislation, or in related legislation, that would help our security. Number one, the government should concentrate intensely on the technological aspects of cyberwarfare, cyberterrorism, and things like that going forward, not just by private sector actors but also by state actors, as we have seen in other countries. This is becoming increasingly important and of increasing interest, and I would urge the government to take a look at the necessary steps to increase support for that, to look at legislative steps to get more tools, funding, and support to deal with those issues.

Finally, the government needs to look at the potential of Canada's having a foreign intelligence service getting ahead of threats before they come to Canada. We talk about globalization, and it is in many ways good. We can travel to more places. We have trade between Canada and other parts of the world, but increasingly when it comes to security issues, we are in a position where we, as Canadians, cannot really look to our own borders. We need to begin to think abroad. We are one of the few major powers in the world that do not have a foreign intelligence service. It is something that I recommend the government do. There are other recommendations and other things in this legislation that my colleagues have gone through, which I recommend the government take to heart.

Again, my major concerns about this bill are with its philosophical approach. This bill criticizes and implies that our security system is overly weak. I do not agree with that. I think the RCMP, CSIS, and the members of the Canadian security establishment have done a good job protecting our country, and I think the legislation by the previous government went in the right direction. Therefore, I urge the government to reconsider many of the changes it introduces in this legislation.

National Security Act, 2017Government Orders

June 7th, 2018 / 1:55 p.m.

The Assistant Deputy Speaker Anthony Rota

The hon. member for Saskatoon—University will have five minutes of questions asked of him when we return to debate on Bill C-59.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

moved that the bill, as amended, be concurred in and read a second time.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

The Speaker Geoff Regan

The question is on the motion. Is it the pleasure of the House to adopt the motion?

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

Some hon. members

Agreed.

No.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

The Speaker Geoff Regan

All those in favour of the motion will please say yea.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

Some hon. members

Yea.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

The Speaker Geoff Regan

All those opposed will please say nay.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

Some hon. members

Nay.

National Security Act, 2017Government Orders

June 11th, 2018 / 3:50 p.m.

The Speaker Geoff Regan

In my opinion the yeas have it.

And five or more members having risen:

National Security Act, 2017Government Orders

June 11th, 2018 / 3:55 p.m.

The Speaker Geoff Regan

The member for Regina—Lewvan is rising on a point of order.

Before the Clerk announced the results of the vote:

National Security Act, 2017Government Orders

June 11th, 2018 / 3:55 p.m.

Independent

Erin Weir Independent Regina—Lewvan, SK

Mr. Speaker, in all the excitement of voting, I believe I rose twice. I just want to make sure my vote is counted in the negative.

(The House divided on the motion, which was agreed to on the following division:)

Vote #747