An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts

Sponsor

Marco Mendicino  Liberal

Status

Report stage (House), as of April 19, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-26.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 amends the Telecommunications Act to add the promotion of the security of the Canadian telecommunications system as an objective of the Canadian telecommunications policy and to authorize the Governor in Council and the Minister of Industry to direct telecommunications service providers to do anything, or refrain from doing anything, that is necessary to secure the Canadian telecommunications system. It also establishes an administrative monetary penalty scheme to promote compliance with orders and regulations made by the Governor in Council and the Minister of Industry to secure the Canadian telecommunications system as well as rules for judicial review of those orders and regulations.
This Part also makes a consequential amendment to the Canada Evidence Act .
Part 2 enacts the Critical Cyber Systems Protection Act to provide a framework for the protection of the critical cyber systems of services and systems that are vital to national security or public safety and that are delivered or operated as part of a work, undertaking or business that is within the legislative authority of Parliament. It also, among other things,
(a) authorizes the Governor in Council to designate any service or system as a vital service or vital system;
(b) authorizes the Governor in Council to establish classes of operators in respect of a vital service or vital system;
(c) requires designated operators to, among other things, establish and implement cyber security programs, mitigate supply-chain and third-party risks, report cyber security incidents and comply with cyber security directions;
(d) provides for the exchange of information between relevant parties; and
(e) authorizes the enforcement of the obligations under the Act and imposes consequences for non-compliance.
This Part also makes consequential amendments to certain Acts.

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.

Votes

March 27, 2023 Passed 2nd reading of Bill C-26, An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts

Telecommunications ActGovernment Orders

December 1st, 2022 / 1:45 p.m.
See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, it is a pleasure to rise today to speak to Bill C-26 on cybersecurity. I will be sharing my time today with the member for Edmonton Manning.

Canadians recognize that we need to do something in the area of cybersecurity. We have all experienced hackers. Myself, when I have bought something online, the next thing I know is my credit card is hacked and then all the pre-authorized transactions need to be changed. It is very time-consuming. I have been hacked numerous times on Facebook, as I am sure many have, as well as on Instagram and other places. Those are small examples that Canadians are seeing.

Let us think about the more serious cyber-hacking we are seeing, whereby government systems are hacked and breaches of information are happening. Businesses are experiencing this. I have a friend who is an anti-cyber hacker. For $2,500 a day, he goes around the world, helping companies that have been hacked to improve their protections.

Something needs to be done. I would like to talk today about what needs to be done, and then how the bill does or does not meet that need.

First, we have to identify what the critical systems are. What are the things we want to protect? If somebody hacks my Netflix account, it is not earth-shattering. However, there are things that are important, and I think everyone would agree that databases that protect our identity or have information about our identity are critical.

Financial institutions and people's financial information are critical. On our medical information, we have spent a lot of time on legislation and regulations on protecting medical privacy. Those, to me, would be three of them, but certainly, the critical systems need to be identified.

We need to make sure there are adequate protections in place. Not every business and level of government has the same amount of protections and technology in place. There is a journey of defining what adequate protection is and helping people get there.

In the case of breaches and having them investigated and addressed, the bill gives very broad powers to the minister. It allows the federal government to secretly order telecom providers to “do anything or refrain from doing anything...necessary to secure the Canadian telecommunications system, including against the threat of interference, manipulation or disruption.”

Those three terms are not well defined, so I think there is some work to be done to define those better, but I do not really believe we want to give the government power to do anything it wants. Certainly, shutting down a system for protection is important when there is an actual threat and not just a potential future threat or a possible threat. In the case of a threat, the government needs the ability to act, but certainly we have to tighten up the language in the bill on that.

After there has been a breach, there needs to be preventive and corrective action. Preventive action would be additional technology walls or additional controls that are put in place to ensure that we have enhanced protection in the future. Corrective action is fixing the holes that people got into in the first place and punishing the hackers. It does not seem like any of that is happening today. The bill does not address that, but there should be some measures there to take corrective action.

I talked about the overarching powers and my concern with them. We cannot have the government continually coming up with bills in which it has not really defined what it is going to do but it tells us not to worry about it because the Governor in Council, after the fact and without any parliamentary oversight, will determine what we are going to do.

The Governor in Council means the Liberal cabinet ministers. I think we are at a place where people have lost trust in the government because there is no transparency. The bill allows the government to make orders in secret, without telling people what is done. The public cannot see it and is suspicious, because people have seen numerous examples of the government hiding things.

We have just come through a $19-million emergency measures act situation in which the Liberal cabinet ministers and the Prime Minister knew they were never going to disclose the documents that would prove or disprove whether they met the threshold, because they were going to hide behind solicitor-client privilege.

They have done it before, hiding behind cabinet confidence, like on the Winnipeg lab issue. Look at the documents we tried to get hold of there. The Liberals even sued the Speaker in order to hide that information from Canadians.

In the SNC-Lavalin scandal, we saw them hiding behind cabinet confidence. In the WE Charity scandal, we saw them hiding behind cabinet confidence. I am a little concerned, then, to find that in this cybersecurity bill, the Liberals are saying the government can make secret orders that the public is not going to ever know about. I think that is very dangerous. This is one of the reasons we are seeing an erosion of trust in Canada.

A recent poll posted by The Canadian Press showed that if we look at the trust index in Canada, only 22% of Canadians trust the government or politicians. That means four out of five Canadians do not trust the government or politicians, and it is partly because of what has gone on before, when things have been done such as people's banks accounts frozen and drones surveilling citizens. People have lost trust, so I do not think they are going to be willing to give a blank cheque to the government to do whatever it wants for cybersecurity, to control enterprises outside the government to get them to stop operating, for example. The riverbanks need to be much tighter on that.

People are concerned about their civil liberties, and I know there has been a lot of conversation about the lack of privacy protection in this country. We have regulations like PIPA and PIPEDA. My doctor cannot reveal my medical information; my employer cannot reveal my medical information, but various levels of government in the pandemic made it so that every barmaid and restaurant owner could know my private medical information and keep a list of it, which is totally against the law. Therefore, when it comes to cybersecurity we are going to have to make sure the privacy of Canadians' information is better protected, and I do not see that element here in the bill—

Telecommunications ActGovernment Orders

December 1st, 2022 / 1:30 p.m.
See context

Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I am pleased to rise to speak to Bill C-26, which will strengthen the security of critical infrastructure and Canada's telecommunications system.

Since June, many experts have been working to learn more about the provisions of this act and assess the value of what the government is proposing.

First, this bill is not structured in the usual way. I see that the urgent need to manage cybersecurity has been taken into account. This bill would give the minister new responsibilities, but the Governor in Council would also be able to act. The law is essentially a regulatory framework that will enable the government to make regulations to ensure the security of critical cyber systems.

I want to focus on the second part of the bill, because passing it will create a new law, the critical cyber systems protection act, which will provide a framework for the protection of critical cyber-infrastructure or businesses under federal jurisdiction. The affected sectors of our economy are identified as designated operators. It is easy to determine which businesses and organizations are affected.

The government has done well to specify who will must comply with the obligations: persons, partnerships or unincorporated organizations that belong to any class of operators set out in schedule 2 of the new law. Those classes will be identified by order.

Each class of operators will be assigned a corresponding regulator, such as the Minister of Innovation, Science and Industry, the Minister of Transport, the Office of the Superintendent of Financial Institutions, the Canadian Energy Regulator, the Bank of Canada or the Canadian Nuclear Safety Commission.

Schedule 1 of the new act sets out the vital services and vital systems that will form the basis of these designations, which may be added at a later date: telecommunications services, interprovincial or international pipeline and power line systems, nuclear energy systems, transportation systems that are within the legislative authority of Parliament, banking systems, and clearing and settlement systems.

I would like to draw my colleagues' attention to Hydro-Québec. An important part of the bill that has the Bloc Québécois concerned is the part on vital services and vital systems, which could potentially involve interprovincial power lines and distribution networks. It is of paramount importance that this section of the bill be studied and clarified in committee to assess whether this will affect Hydro-Québec and, if so, how.

However, we are not against the underlying principles and objectives of securing and protecting interprovincial infrastructure. Hydro-Québec reportedly suffers more than 500 cyber-attacks a year, or roughly 41 attacks a month. That is more than one attack a day. This could jeopardize our power grid, putting the life and economic health of every Quebecker at risk. It could also jeopardize customers' personal information, although that is generally a secondary target in any attack against a publicly owned energy corporation.

Although Hydro-Québec has managed to fend off these cyber-attacks and protect itself by investing in systems, firewalls and employee training, why should we not take proactive measures? Not only is it very time-consuming for businesses like Hydro-Québec and Desjardins to protect themselves and react to the constant onslaught of cybersecurity attacks, but it is also very expensive. Hopefully, this bill will help prevent or limit these attacks by taking a proactive approach and regulating and promoting new cybersecurity frameworks among Internet service providers. This is particularly important in light of the increased threat to our infrastructure from bad state actors such as Russia or China.

Hopefully, unlike today, businesses will have resources they can consult for information about cyber-attacks.

This is also a national security issue. These states have become emboldened not just by the Canadian government's passive reaction, but also by the regulatory void. We need only think of Huawei and the threat it represents, as well as the damage it has caused to the national security of countries around the world, especially in Africa. The examples are quite striking. China has passed a law forcing all businesses to contribute to the advancement of the objectives of Chinese intelligence services, which is particularly alarming when we consider that this country uses coercive diplomacy, blatantly disregarding international standards.

Even though the federal government has finally banned Huawei technology, the decision was preceded by many years of uncertainty because of the pressure, power and influence that China could unfortunately bring to bear on us.

This decision showed how vulnerable we are to malicious actors on the world stage. That is why we need a regulatory framework, a way to respond to cybersecurity threats, particularly from foreign powers that are in a position of power and use the weakness of others to advance their own positions.

I met this morning with representatives from Shakepay, a Quebec-based financial technology company that operates a platform dedicated entirely to bitcoin, with over one million Canadian customers. One of the things that struck me in that meeting was the importance they place on security and customer protection. Of course, I had Bill C‑26 in mind. They told me that all customer funds are held in a trust at a ratio of 1:1 with Canadian financial institutions and leading cryptocurrency depositories. I learned that they are continually working to improve and promote the implementation of cybersecurity measures to protect their systems.

In preparing for my remarks today on Bill C‑26, I started thinking that we need to examine how we can build on the security standards of Quebec companies like Shakepay and that we need to determine whether the bitcoin and cryptocurrency industry should also be considered in Bill C‑26. Whether we like it or not, technology and customer habits may be leading us in that direction.

I would like to discuss cyber-resilience. I understand that the bill will not be studied by the Standing Committee on Industry and Technology, on which I sit. However, I see issues that affect industries that are in that niche of protecting systems from cyber-attacks. There are two things to keep in mind here: The attackers go after data using methods that were previously unimaginable, and they tend to favour methods that significantly delay the ability to resume operations. The desired consequences are financial and reputational damage.

The inherent complexity of the systems currently in place requires increasingly specialized resources. Innovation, research and development must be encouraged, in short, the entire ecosystem of this industry that works on the cyber-resilience of very high-risk systems. We need to ensure to attract the best talent in the world. The government must carry out its responsibilities at the same pace as it introduces these changes. Let us not forget, as the opportunities for cyber-attacks keep increasing, that we are always one incident away from our continuity of operations being disrupted.

Is there an urgent need for action? Yes, clearly. Is the government on the same page as the people involved in this industry? Unfortunately, it has fallen behind.

For the past year, the Standing Committee on Industry and Technology has been studying topics that enabled it to get to the heart of the advanced technologies used in the industries covered by this bill. The inherent complexity of the environments in which those industries operate expose critical data and system configurations to greater risks than ever before, so much so that we are no longer assessing the likelihood of a successful cyber-attack, but instead how to recover. In fact, as IT infrastructure has become increasingly complex, cyber-attacks have become increasingly sophisticated too.

I dare not imagine what will happen in the coming years, when AI reaches its full potential and quantum computing becomes available. What I am hearing is that hundreds of pieces of users' electronic data are stored each day on international servers. They cannot be thoroughly processed using currently available technology, but what will happen when quantum computers are able to process those data? Maybe we will be very vulnerable as a result of actions we take today by casually agreeing to things in an app or allowing our data to be collected. In short, in five years' time, we may be paying for what we are giving away today.

In conclusion, the Bloc Québécois supports the bill. We want it to be sent to committee to be studied in detail, as my colleague from Avignon—La Mitis—Matane—Matapédia said. I also welcome forthcoming opportunities for specialists in Quebec industries who are renowned for their expertise.

Telecommunications ActGovernment Orders

December 1st, 2022 / 1:20 p.m.
See context

Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, I will begin by saying that I will be sharing my time with the hon. member for Abitibi—Témiscamingue.

I am pleased to speak to this bill, which, I must say, was eagerly awaited by my party.

The Standing Committee on Public Safety and National Security had the opportunity to study the issue of cyber security. We heard from experts in this field, who told us what they think about Canada's cyber security preparedness or posture. The idea came from my Conservative colleagues, and it was a very good one.

Given what is happening in Ukraine with the Russian invasion, we know that there are still military threats in the 21st century. However, we are also dealing with the emergence of new technologies that pose non-military threats. I had the opportunity to talk about these non-military threats at the Organization for Security and Co-operation in Europe Parliamentary Assembly last week in Warsaw, Poland. I discussed non-military threats and how different countries must prepare for or guard against them.

What the Standing Committee on Public Safety and National Security heard is how difficult it is to prepare for these threats, because they are evolving so quickly. No one had anything particularly positive to say about Canada's preparedness.

I think that the willingness is there, and that is what the experts told us: Canada is trying to prepare for and guard against potential cyber-attacks. I said “potential” cyber-attacks, but they are already happening. We know there have been cyber-attacks on various infrastructure and companies in Quebec and Canada, especially in the private sector, in the past. Canada is not as prepared as it could be to face these attacks, but we were told that it may never be totally prepared. The same is true for all countries because, as I said, the technology is changing so rapidly.

For this reason, I think that adopting a cybersecurity framework is an extremely positive step. That is what the government promised. In its national cyber security strategy, it pledged to better regulate cyber systems in the federally regulated private sector. The 2019 budget earmarked $144.9 million to develop a new framework to protect critical infrastructure. That is exactly what the two main parts of this bill do. They are aimed at strengthening the security of the Canadian telecommunications system.

Part 1 of the bill amends the Telecommunications Act to add the promotion of security, authorizing the government to direct Internet service providers to do anything, or refrain from doing anything, that is necessary to secure Canada's telecommunications system. Part 2 enacts the new critical cyber systems protection act to provide a framework for the protection of critical cyber-infrastructure and companies under federal jurisdiction.

The act is essentially a regulatory framework. As my colleague from Abitibi—Témiscamingue mentioned earlier in his question to our Conservative colleague, we will have to see what impact this bill could have on Quebec, especially companies and organizations like Hydro-Québec, since it designates interprovincial power line systems as vital services and vital systems. More on that later.

We will also have to see in committee whether the vast regulation-making powers provided for in Bill C-26 are justified or whether they bypass Parliament for no reason. Certain groups that raised concerns in the media have contacted us as well. Their concerns about this bill are well founded. I will get back to this a little later on.

I would say that it is important to proceed carefully and properly with this bill. Any amendments made to the bill will have a direct impact on every transmission facility in Quebec, including those that will soon be built in my riding to offer adequate cell service to those who are still waiting. Some Canadian ridings are unfortunately still without cell service in 2022. Since my riding is one of them, the bill will have a significant impact.

Local telephone service providers, IP-based voice services, Internet service providers, long distance providers and wireless services will be subject to the amendments to the act.

This means that the amendments would allow authorities to secure the system if there is reason to believe that the security of the telecommunications system is under threat of interference, manipulation or disruption. In that case, telecommunication service providers could be prohibited from using or supplying certain goods or services.

As I understand the wording of the bill, which is rather complex, telecommunication service providers could even be prohibited from supplying services to a specific individual. It is important to realize that these are vast powers, and I hope that, when the bill is sent to committee for study, it will be detailed enough to include the factors that will be taken into account before such powers are granted.

As I was saying earlier, the act will make it possible to designate certain systems and services under federal jurisdiction as critical to national security or public safety. The new Critical Cyber Systems Protection Act will protect critical cyber systems in the private sector.

What, then, is a critical cyber system? I found it difficult to find a clear definition in French of what a critical cyber system is, but the government defines the term itself in the bill. It appears that it is a “system that, if...compromised, could affect the continuity or security of a vital service or vital system.”

The bills lists six vital services and systems in its schedule. These obviously include telecommunications services, interprovincial or international pipeline and power line systems, nuclear energy systems, transportation systems that are under federal jurisdiction, banking systems, and clearing and settlement systems.

These are the areas this bill addresses. That is a lot to verify, and several actors are involved. Several ministers will be involved in the regulatory process after that, so it is important to study the bill carefully.

At this stage, a number of questions arise. For example, what impact will the bill have on certain interprovincial infrastructures, such as power lines and power grids? The act could impact Hydro-Québec and other non-federal infrastructures, such as aluminum smelters. As I understand it, the bill itself would designate interprovincial power lines as a vital service. That could have an impact.

In principle, the bill is not a problem for my party. When we call experts to testify before the committee, we will be able to determine whether or not it will have a positive impact. I think it could be very positive, but we need to look at its scope.

The Bloc Québécois has often supported the government in its efforts to ensure stricter control of broadcasting for certain vital infrastructures that could be in the crosshairs of foreign nations. Let us consider China and Russia, as I mentioned earlier. There is the Huawei saga and the development of the 5G network. The government's indecision for so many years proves that it would have been better to act beforehand rather than to react to the current situation. China's increasing power and its attempts at interference on several occasions, as well as Canada's vulnerabilities in terms of cybersecurity, are real. For example, we know that Hydro-Québec has been a potential target for Chinese espionage. The same could happen directly in our infrastructures. I think that this bill is relevant. We are very happy that the government introduced it. That is why the Bloc Québécois will vote in favour of sending the bill to a parliamentary committee so that we can hear what the experts have to say.

I would like to take these final moments to talk about the concerns voiced by certain groups. Professor Christopher Parsons of the University of Toronto said that the bill was so imperfect that authoritarian governments around the world could cite it to justify their own repressive laws. That is a worrisome statement. I will elaborate during questions and comments.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:50 p.m.
See context

Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I will be splitting my time with the member for Sherwood Park—Fort Saskatchewan, a good friend of mine.

Today I get to address Bill C-26, and right off the top I will say that I think this is dumb legislation. Why do I say that? I say that because I do not think that it has attempted to do what it has stated it would do. Generally I find that this is another piece of legislation, probably the third or fourth that I have spoken on in this session of Parliament, where I am frustrated with the government in that it does not seem to do the hard work of governing.

Governing is a matter of balancing the interests and coming up with a statement or something that is clear. On the rule of law, we would anticipate the public and anticipate what the rules ought to be and then look at the law, read the law somewhere and say, “Oh, that is what we are supposed to be doing.”

Again, here we have a piece of legislation where there is a clear, identifiable problem. Canadians have seen a number of issues around the country and around the world where cybersecurity is under threat. Canadians are asking the government to govern, to set some parameters and guidelines as to what the expectations are around who gets to participate in cyberspace and how we ought to operate in cyberspace.

We see in this piece of legislation the classic attitude of “We're the government. We're here to help. Trust us. We got this.” We do not trust the government. Particularly, the Conservatives do not trust the government to do the things it needs to do. We have seen it try to hand out billions of dollars to its friends. I mentioned the WE scandal. We have seen it hand out money to its friends over at Baylis Medical. We have ample evidence of why we should not trust the government.

When it comes to cybersecurity, it is also an area where I do not trust the government. The government has been in power for seven years, and we have watched it drag its feet with an inability to come to a decision, for a whole host of reasons, around the Huawei situation. Was a particular company allowed to participate in the building of the infrastructure of our Internet architecture?

This is a major issue. We told the government that we don't think this Chinese Communist Party government-controlled company should be able to participate in the Canadian Internet infrastructure. We called on the government to ban the use of Huawei technology in our Internet infrastructure, yet it could not do it. It took the government years of dragging its feet, wringing its hands and doing a whole host of things. When the Liberals come forward with a bill like Bill C-26 and say to trust the minister and that they will get this right, I am sorry, but we do not trust the minister to get this right.

We have seen a number of security threats challenging our basic infrastructure. One we should really take note of, which was fairly recent, is the shutdown of a particular pipeline. We saw a dramatic spike in fuel prices across North America because the cybersecurity of a particular piece of pipeline infrastructure was not to the state that it should have been. This, again, comes to the fact around trusting the government to do its job, particularly this government.

One of the key roles of government in Canada and anywhere is the maintaining of peace and security, and we have a military, a police force and a judicial system for that. A growing area where we need to be concerned about peace and security is in cyberspace.

We should be able to feel that our property should not go missing. We should be able to own property, and it should be able to be maintained by us, all of these kinds of things. We expect the government to put forward registries so we can register our property, so that, if it goes missing, the government has a registry of it and we can use that to get our property back. It cannot just be expropriated from us, all of these kinds of things.

In the same way, that is increasingly a part of cybersecurity. The ownership of things in cyberspace, the ownership of websites and the ownership of even our own Twitter handles, for example, are increasingly things that are deemed to be cybersecurity.

The government seems to be lacking in the ability to protect Canadians' cybersecurity.

There is an iconic Canadian company, Ski-Doo. I do not know if people are snowmobilers, but I do enjoy snowmobiling, and Ski-Doo is an iconic Canadian company.

I do not know if people know this but, recently, Ski-Doo has been the victim of a cyber-attack and has lost control of its entire dealership network. Its own computer system has gone down. It has not been able to get it back. Somebody else has control of it now and it has not been able to get it back.

These are the types of things that I think are crucial. When one is going to bring in a bill that talks about cybersecurity, these are the kinds of things the government should be trying to keep secure. This is Canadian property. These are Canadian identities. These are Canadian brands. These are the things we need to ensure we can prosecute, that we can track these people down who are doing this kind of thing and that we can ensure cybersecurity.

I guess that is where I get a little frustrated with a bill like this. It says a lot of nice things at the top of it. The government comes here with a blanket statement around how it is going to defend cybersecurity, how cybersecurity is important and how we should all vote in favour of this particular bill. I imagine that we will.

However, the bill does not necessarily tell us what we are going to do. The banning of Huawei is not necessarily laid out in this. There are no criteria as to what the expectations are for companies to operate in this space, in terms of what they can be tied to and what they should not be tied to. It is just, “Trust us. We are the government and we are here to help.”

In addition, we have seen over the last number of years the opportunities for the government to put resources into law enforcement's ability to track some of this down. We can see changes to the Criminal Code, to ensure that some of these malware attacks or ransomware attacks could be tracked down and prosecuted here in Canada. This is a major concern for companies looking at investing in the world. They look at a country's ability to protect them from a cyber-attack but then also to prosecute those cyber-attacks.

I have a friend who works for the Calgary city police. He works in cybercrimes. He often works with police forces from around the world to track down folks who are using ransomware on Canadian companies.

He tells me they rarely, if ever, prosecute in Canada because our laws are so non-distinct around this that it is impossible to prosecute. Because these are multi-jurisdictional crimes, they will often take the prosecution of this to a jurisdiction that has better laws. He says he will work with 23 law enforcement organizations and they will bring a case in Europe, in eastern Europe or in Israel, because those places have much better laws to protect cybersecurity.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:45 p.m.
See context

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, we must always protect the civil liberties and rights of Canadians. Any legislation brought to the House needs to pass that means test, if I can call it that.

With reference to Bill C-26, it is definitely required that we update our cybersecurity laws to reflect the ongoing changes in technology that have happened over the last number of years and the increasing use of cybersecurity, cyber-threats, increasing digitization that has been going on in the world, and the fact that Canadians are increasingly interconnected in this world.

We need to maintain checks and balances within the system and ensure that individual rights of Canadians are protected.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:45 p.m.
See context

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, of course, fundamentally I believe in the oversight of government and ensuring that there are checks and balances.

When bills proceed to committee, obviously members within the pertinent committee should bring forth ideas to strengthen them, and that includes Bill C-26. Our main priority as MPs is to bring forth good legislation, to improve it and to protect the security of Canadians, whether it is their cybersecurity or health and safety. Bill C-26 would take us down that path.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:35 p.m.
See context

Liberal

Francesco Sorbara Liberal Vaughan—Woodbridge, ON

Madam Speaker, I say good morning to all of my hon. colleagues, and I thank the hon. member for Davenport for her insightful discussion of this bill.

I am thankful for the opportunity to weigh in on Bill C-26, an act respecting cybersecurity, as we continue debate at second reading. Bill C-26 will take great strides to enhance the safety of our cyber systems and will make changes to allow for measures to be taken within our telecommunications system.

There are two parts to this act. Part 1 amends the Telecommunications Act to “promote the security of the Canadian telecommunications system” as a policy objective. An order-making power tied to that objective would be created for the Governor In Council, or GIC, and the Minister of Industry. That power could be used to compel action by Canadian telecommunications service providers if deemed necessary. With these authorities, the government would have the ability to take security-related measures, much like other federal regulators can do in their respective critical infrastructure sectors.

The bill would enable action against a range of vulnerabilities to these critical systems, including natural disasters and human error. The Department of Innovation, Science and Economic Development would exercise regulatory responsibilities, and an administrative monetary penalty scheme would be established to promote compliance with orders and regulations made by the GIC or Minister of Industry. Once amendments to the Telecommunications Act receive royal assent, GIC or ministerial orders could be issued to service providers.

Part 2 of the act would create the critical cyber systems protection act, or the CCSPA. The CCSPA would be implemented collaboratively by six departments and agencies: the departments of Public Safety; Innovation, Science and Economic Development; Transport; Natural Resources; and Finance, as well as the Communications Security Establishment. They will all play a key role. Indeed, across the Government of Canada, there is a recognition that cybersecurity is a horizontal issue, and it should be addressed through a streamlined government response across sectors, all rowing in the same direction.

Schedule 1 of the act would designate services and systems that are vital to the national security or public safety of Canadians. Currently, schedule 1 includes telecommunications service and transportation systems. It also includes, in the finance sector, banking systems and clearing and settlement systems, and, in the energy sector, interprovincial or international pipeline and power line systems and nuclear energy systems.

Schedule 2 of the act would define classes of operators of the vital services and systems identified in schedule 1, as well as the regulator responsible for those classes. Operators captured in a class are designated operators subject to the act.

In line with the responsibility to exercise leadership in matters related to national security and public safety, the Minister of Public Safety would have overall responsibility for the legislation and would lead a number of CCSPA-related processes.

Decision-making by GIC under the CCSPA would ensure that a broad range of relevant factors, including national security, economic priorities, trade, competitiveness and international agreements and commitments, are considered when making decisions that have an impact across sectors. The CCSPA would also leverage regulators' expertise and relationships with entities they already regulate under existing legislation.

The Canadian centre for cybersecurity, or the cyber centre, is responsible for technical cybersecurity advice and guidance within Canada, and that would be no different under the CCSPA. It would receive resources to provide advice, guidance and services to designated operators in order to help them protect their critical cyber systems; regulators in support of their duties and functions to monitor and assess compliance; and public safety and lead departments and their ministers, as required, to support them in exercising their powers and duties under the act.

The CCSPA would require designated operators to establish a cybersecurity program that documents how the protection and resilience of their critical cyber systems will be ensured. CSPs must be established by designated operators within 90 days of them becoming subject to the act, that is, when they fall into a class of designated operators published in schedule 2 of the act.

Once established, the CSP must be implemented and maintained by the designated operator in order to keep it up to date and responsive to changing threats and evolving technology. CSPs must include reasonable steps to identify and manage organizational cybersecurity risks, including risks associated with an operator's supply chain, and the use of third party products and services. They must also protect their critical cyber systems from compromise, detect cybersecurity incidents that affect or have the potential to affect CCS and minimize the impact of cybersecurity incidents affecting critical cyber systems.

This legislation would also help confront supply chain issues. With the increasing complexity of supply chains and increased reliance on the use of third party products and services, such as cloud-based data storage and infrastructure as a service, designated operators can be exposed to significant cybersecurity risks from those sources.

When a designated operator, through its CSP, identifies a cybersecurity risk to its CCS in relation to its supply chain or its use of third party services or products, the CCSPA would require the designated operator to take reasonable steps to mitigate those risks. Taking reasonable steps to mitigate risk is understood to mean reducing the likelihood of the risk materializing by, for example, securing a supply chain by carefully crafting contractual agreements to gain more visibility into equipment manufacturing, or by choosing another equipment supplier. It can also mean reducing the impact of a risk that materializes.

Under the CCSPA, there would also be a new obligation to report cybersecurity incidents affecting or having the potential to affect critical cyber systems to the Communications Security Establishment, for use by the cyber centre. A threshold defining this reporting obligation would be set in regulations. This would provide the government with a reliable source of information about cybersecurity threats to critical cyber systems. The availability of incident reports would enhance visibility into the overall threat for the cyber centre. Findings from the analyses of incident reports would make it possible for the centre to warn other designated operators and any operator of a cyber system of potential threats or vulnerabilities, and it would help to inform Canadians of cybersecurity risks and trends, allowing one organization's detection to become another's prevention.

The CCSPA would also create a new authority for the government. Under the act, the Governor in Council would be allowed to issue cybersecurity directions when it decides that specific measures should be taken to protect a critical cyber system from a threat or known vulnerability. Directions would apply to specific designated operators or to certain classes of designated operators. They would require those designated operators to take the measures identified and to do so within a specific time frame. Failure to comply with directions could be subject to an administrative monetary penalty or an offence that can lead to fines or imprisonment. The CCSPA would also includes safeguards to ensure that sensitive information, such as information that was obtained in confidence from Canada's international allies, is protected from disclosure.

All of this provides an overview of strong new legislation, which I hope I have adequately described in two distinct parts. I look forward to our continued debate of this landmark bill, and I encourage all colleagues to join me in supporting Bill C-26 today.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:30 p.m.
See context

Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, I think our Minister of Public Safety was very clear this morning. Without question, every time the government takes additional, decisive action and puts additional measures in place, there has to be corresponding transparency and accountability. We absolutely need to make sure there is enough of that in Bill C-26 so we have the confidence not only of the House but of Canadians with regard to having the proper accountability and transparency in place.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:30 p.m.
See context

Conservative

Eric Melillo Conservative Kenora, ON

Madam Speaker, I appreciate the comments from the government member across the way.

In the debate today, a number of concerns have been brought forward around some of the ministerial powers included in Bill C-26, as well as the lack of accountability mechanisms. I think we have heard from all parties about the desire to bring forward amendments and improvements at the committee stage.

Does the member opposite have a willingness to work with members of the House to ensure that we improve this bill and make sure it achieves the results it intends to?

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:20 p.m.
See context

Liberal

Julie Dzerowicz Liberal Davenport, ON

Madam Speaker, I will be sharing my time with the hon. member for Vaughan—Woodbridge.

It is a true privilege for me to add my voice to the debate on Bill C-26, an act respecting cybersecurity, on behalf of the residents of my riding of Davenport, many of whom have written to me through the years about their concern around cybersecurity and the need for additional protections at all levels of government.

This bill represents the latest step in the government's constant work to ensure our systems, rules and regulations are strong and as up-to-date as possible. That is especially important when dealing with a topic as fluid and rapidly evolving as cyber-technology. We have known for quite some time we would need to be constantly vigilant on this issue.

In 2013, the government established the security review program operated by the Communications Security Establishment. In 2016, we conducted public consultations on cybersecurity. In 2018, we released the national cybersecurity strategy. In 2019, we allocated $144.9 million through budget 2019 to develop a critical cyber systems framework. In 2021, we completed an interdepartmental 5G security examination, which recommended an updated security framework to safeguard Canada's telecommunications system.

A cornerstone of the updated framework is an evolution of the security review program. It would allow for continued engagement with Canadian telecommunications service providers and equipment suppliers to ensure the security of Canadian telecommunications networks, including 5G. As a result of this multi-year work, to address these identified concerns and improve Canada's cybersecurity posture, including in 5G technology, we introduced Bill C-26.

The bill is intended to promote cybersecurity across four federally regulated critical infrastructure sectors: finance, telecommunications, energy and transportation.

Bill C-26 consists of two very distinct parts. Part 1 introduces amendments to the Telecommunications Act that would add security as a policy objective and create a framework that would allow the federal government to take measures to secure the telecommunications system. Part 2 introduces the critical cyber systems protection act, which would create a regulatory regime requiring designated operators in the finance, telecommunications, energy and transportation sectors to protect their critical cyber systems.

As I mentioned, 5G has the potential to be a transformative technology for Canadians. It promises to bring lightning-fast Internet speeds that are unlike anything we have experienced so far. The benefits of instant and real-time connectivity will be immediate and far-reaching for Canadians and Canadian businesses.

The COVID-19 global pandemic has underlined the importance of this connectivity, whether it is for virtual classrooms, work from home or keeping in touch with loved ones, but we need to be absolutely sure this technology is safe and secure as the technology is rolled out in Canada.

Canada already has a system in place to mitigate cybersecurity risks in our existing 3G and 4G LTE wireless telecommunications network. Since 2013, the Communications Security Establishment's security review program has helped mitigate risks stemming from designated equipment and services under consideration for use in Canadian 3G, 4G LTE telecommunications networks from cyber-threats.

Like previous generations, 5G technology will have new risks and vulnerabilities that will need to be addressed so Canadians can realize its full potential. 5G is considered more sensitive than 4G because it will be deeply integrated into Canada's critical infrastructure and economy, and will connect many more devices through a complex architecture. The deep integration, greater interconnection and complexity increase both the likelihood and potential impact of threats. That is why an examination of emerging 5G technology and the associated security and economic considerations continues to be very important.

The technical agencies of the Government of Canada, within the Department of Innovation, Science and Economic Development, and the safety and security agencies that fall within the Public Safety portfolio, Global Affairs Canada, National Defence and others, are all involved in the federal government's efforts to develop a made-in-Canada approach to ensuring the secure rollout of 5G wireless technology. Moving this bill forward will further that vital work.

In the meantime, our world-class national security and intelligence agencies continue to protect our country from a wide range of threats. As we know, those threats include a growing number of targeted attacks from state and non-state actors, including cybercriminals.

Canada's two main national security organizations, CSIS and CSE, which is short for Communications Security Establishment, are working tirelessly to mitigate these threats.

CSIS provides analysis to assist the federal government in understanding cyber-threats and the intentions and capabilities of cyber actors operating in Canada and abroad who pose a threat to our security. This intelligence helps the government to improve its overall situational awareness, better identify cyber vulnerabilities, prevent cyber espionage or other cyber-threat activity and take action to secure critical infrastructure.

For its part, the CSE is always monitoring for threats that may be directed against Canada and Canadians. The CSE is home to the Canadian centre for cybersecurity, which was established as a flagship initiative of the 2018 national cybersecurity strategy. With the cyber centre, Canadians have a clear and trusted place to turn to for cybersecurity issues. It is Canada's authority on technical and operational cybersecurity issues, a single, unified source of expert advice, guidance, services and support for the federal government, critical infrastructure for owners and operations, the private sector and the Canadian public. It helps to protect and defend Canada's valuable cyber assets and works side by side with the private and public sectors to solve Canada's most complex cyber issues.

For example, the cyber centre has partnered with the Canadian Internet Registration Authority on the CIRA Canadian Shield. The shield is a free protected DNS service that prevents users from connecting to malicious websites that might infect their devices or steal personal information. With the passage of the National Security Act in 2019, Canada's national security and intelligence laws have been modernized and enhanced.

As a result, CSIS and the Communications Security Establishment now have authorities they need to address emerging national security threats, while ensuring that the charter rights of Canadians are protected.

These updates are in line with CSIS's mandate of collecting and analyzing threat-related information concerning the security of Canada in areas including terrorism, espionage, weapons of mass destruction, cybersecurity and critical infrastructure protection.

The passage of the National Security Act also established stand-alone legislation for the CSE for the first time ever. With the Communications Security Establishment Act, the CSE retained its previous authorities and received permission to perform additional activities.

For example, the CSE is now permitted to use more advanced methods and techniques to gather intelligence from foreign targets. Under the CSE Act, CSE is mandated to degrade, disrupt, influence, respond to and interfere with the capabilities of those who aspire to exploit our systems and to take action online to defend Canadian networks and proactively stop cyber-threats before they reach our systems. It is also permitted to assist DND and the Canadian Armed Forces with cyber operations.

As Canada's national police force, the RCMP also plays a very important cybersecurity role. It leads the investigative response to suspected criminal cyber incidents, including those related to national security.

Cybercrime investigations are complex and technical in nature. They require specialized investigative skills and a coordinated effort. That is why, as part of Canada's 2018 national cybersecurity strategy and as a second flagship initiative, the RCMP has established the national cybercrime coordination centre, or NC3.

The NC3 has been up and running for over a year now. It serves all Canadian law enforcement agencies, and its staff includes RCMP officers and civilians from many backgrounds. Working with law enforcement agencies, government and private sector partners, the NC3 performs a number of roles, including coordinating cybercrime investigations in Canada.

All of this is backed up by significant new investments in the two most recent budgets. In budget 2019, we provided $144.9 million to support the protection of critical cyber systems and we later invested almost $400 million in creating the Canadian centre for cybersecurity, the national cybercrime coordination unit and increased RCMP enforcement capacity.

Whether it is nationally or internationally, I have full confidence in the abilities of all those in our national security and intelligence agencies who are working hard day and night to safeguard our cybersecurity and protect us from harm online. I am confident that Bill C-26 will go a long way to continue doing that.

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:15 p.m.
See context

Green

Mike Morrice Green Kitchener Centre, ON

Madam Speaker, a group of organizations, including the Canadian Civil Liberties Association, OpenMedia and Leadnow, have written an open letter calling for improvements to Bill C-26. One of the items they call out is that secrecy undermines accountability and due process.

The member for Windsor West spoke a bit about this in his speech. Could he share more about the suggested improvements that would ensure better public reporting as part of Bill C-26?

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:15 p.m.
See context

Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I am a little concerned with some of the elements in Bill C-26 that seem overly broad. They give the government powers to secretly order providers to do things or refrain from doing things, without any transparency. Does the member share my concern?

Telecommunications ActGovernment Orders

December 1st, 2022 / 12:05 p.m.
See context

NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am please to speak today to Bill C-26, an act respecting cybersecurity, amending the Telecommunications Act and making consequential amendments to other acts.

It is really important to acknowledge that we are severely behind with regard to our protections in this matter. I am going to quote from myself, from when I once engaged the government and asked them this. “I am very concerned that we are not doing enough in Canada to protect the digital privacy of Canadians and am calling on the government to develop stronger frameworks and guidelines to improve cyber security in Canada. These are critical issues that must be addressed”. They must be addressed for the benefit of Canada, as our economy and commerce are currently under threat, as is our personal privacy.

When did I do that? That was in 2016. From 2016 to today, with the digital changes we have had, is a lifetime of change.

I got a response from the government at that time, basically saying it would refer matters and let them play themselves out in court.

One of the most famous cases that came forward at the time involved the University of Calgary, which had reportedly paid $20,000 in compensation to a group of organizations we do not know to protect the breach they had.

What has taken place over several different cases and also in our current laws has shown that it is okay to pay out crime and it is okay to pay out these types of requests for extortion and not even refer that matter back to the people whose privacy has been breached. We do not even have to report it as a crime to law enforcement agencies. It is very disturbing, to say the least. Getting this legislation is something, but it is still a long way off.

As New Democrats, we recognize very much that there needs to be balance in this. This is why I also wrote at that time to the then privacy commissioner of Canada, Jennifer Stoddart, about the cyber-attacks and data breaches.

There is concern about the amount of data and one's rights and one's protections and the knowledge one should have as an individual in a democracy. I do not think it is a conspiracy theory to have those kinds of concerns.

I would point to a simple famous case. As New Democrats are well aware, and I think other Canadians are as well, our number one Canadian champion of health care, Tommy Douglas, was spied upon by his own RCMP at that same time. That was in relation to bringing in Medicare. This is very well documented. We still do not have all the records. We still do not have all the information, and it is a very famous case.

Bringing in our number one treasured jewel, health care, led to a case where our own system was spying on an elected representative who was actually declared Canada's greatest Canadian by the public. We do not want to forget about those things because, when we are introducing laws like this, there is a real concern about one's ability to protect oneself and one's privacy, as well as the expansive conditions that are going to change, often with regard to personal privacy.

What also took place after that was that I was very pleased, in 2020, to put a motion forward at the House of Commons industry committee, where we studied, for the first time in Canadian history, fraud calls in Canada.

There are a lot of cyber-attacks through this type of operating system, and we need to remind ourselves that using this type of system, being our Internet service providers and the telecoms sector, is something that is done by giving up the public infrastructure and a regulated system of industry.

We have built a beast, in many ways, that has a low degree of accountability, and we are finally getting some of that restored. There are also some new programs coming in, like STIR/SHAKEN and other types of reporting that is required.

I want to point out that since we have done that, we have another report that will be tabled, or at least a letter. We have not decided yet, and there is still work going on, but we have had a couple more meetings in the industry committee about it and we have really heard lots of testimony that showed that there is more work that can and should be done.

A good example from the previous report that we did was recommendation number five, which went through sharing information between the RCMP and the CRTC. We have not seen the government act on it.

It is important to note that with this bill there has been a lot of talk about the types of things we can do internationally, as well. One of the things I would point out that I have been very vocal on, because I have had Ukrainian interns in my office for a number of years, is that we could use a lot of our leverage in terms of cybersecurity and training to help them to deal with the Russian hacking and other nefarious international players. That would not only help Ukraine right now in the war with Russia. It would also help with the other activity that comes out of this subsequently, which would help the world economies by having trained, solid professionals who are able to use their expertise and battle this with regard to the current state of affairs and also the future. This would be helpful, not only for the Ukrainian population but also for the European Union, Canada, North America and others, who will continue to battle more complex artificial intelligence and other cyber-attacks that take place.

One of the things I want to note is that in the bill, a proposed new section 15.2 of the act would give the Minister of Industry and the Minister of Public Safety the authority to make several types of orders. It relates to guiding TSPs to stop providing services if necessary. This is a strong power that we are pleased to see in this type of legislation.

What we are really concerned about, as the member for Elmwood—Transcona noted, is that there is no general oversight of the type that we would normally see on other types of legislation. Scrutiny of regulations was the one referred to. For those who are not familiar with the back halls and dark corners of Parliament, there is a committee that I was one of the vice-chairs of at one point in time. The scrutiny of regulations committee oversees all legislation passed in the House of Commons and ensures that the bureaucratic and governmental arms, including that of ministers, whatever political colour they will be of at that time, follow through with the laws of the legislation that is passed. Making this bill not have to go through that type of a process is wrong. I would actually say it is reckless, because the committee has to do a lot of work just to get regulatory things followed on a regular basis. It can be quite a long period, but there is that check and balance that takes place, and it is a joint Senate and House of Commons committee. It is unfortunate that the legislation tries to leave that out.

The legislation also does not have the requirement to gazette information in terms of making it public for the different types of institutions. That is an issue, and it also has a lot of holes when it comes to information that can be withheld and shared.

Why is that important with regard to confidence in the bill? It all comes down to the fact that many of the institutions at risk of being targeted involve not only the private sector, where we have seen not only abuse of customers themselves, or businesses with lax policies that do not protect privacy very well, but also others that have used abusive techniques and processes. Even right now, it is amazing when we think about the information in the process that is going on in the United States. The U.S. Senate is going to oversee the issue with regard to Taylor Swift tickets and Ticketmaster again. That is another one that has had a nefarious past with regard to privacy, information and how it runs its business. People can go back to look at that one, with Live Nation and so forth. At any rate, the U.S. is also involved in this.

I raised those things because it also comes from the soft things like that, which are very serious with respect to credit cards and to people's personal information that is shared. However, across the world and in Canada we also have municipal infrastructure and government institutions that are constantly under attack. That is very important, because it is not just the external elements with regard to consumer protection and business losses, which are quite significant and into the billions of dollars. It is also everything from water treatment facilities to health care facilities in terms of hospitals and utilities for power and hydro. All those elements can be used as targets to undermine a civilian population as well, and one of the things we would like to see is more accountability when it comes to those elements. There is definitely more to do.

One of the things I do not quite understand, and which I am pleased to see the government at least bring to committee, is what we could do to educate the population.

Our first intervention on this bill as New Democrats was several years ago, and it is sad that it is just coming to fruition now.

Telecommunications ActGovernment Orders

December 1st, 2022 / noon
See context

Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, we are talking about Bill C‑26, which deals with national security, and discussions about national security inevitably include the issue of interference from elsewhere, from other countries. Security threats can be internal as well as external.

With respect to external threats, there is a lot of talk right now about the possibility that China interfered in our elections. Earlier, some of our colleagues mentioned that, a few years ago, the Prime Minister received nearly $70,000 in donations immediately after a bank that offers services specifically to Chinese Canadians set up shop in Canada. The donations, which were mostly from people with Chinese names, were made on the same day and within hours of the bank being authorized to open.

Does my colleague find that strange? Is he concerned that there might have been some kind of interference? It is hard to believe that this happened by accident and that it was all just a fluke.

Telecommunications ActGovernment Orders

December 1st, 2022 / 11:50 a.m.
See context

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, with thanks to the chamber, I am pleased to rise today to speak to Bill C-26.

Cybersecurity is a topic that is very much on the minds of many Canadians. It is something that many of us have had experience with in our personal lives, or we know somebody who has. Certainly, as MPs, we hear from folks who have fallen prey to various kinds of cyber-attacks online. We know it is a burgeoning criminal industry to take advantage of people online, grab their information and impersonate their identities. Canadians deserve to be protected from this kind of crime.

We also heard about the impact that cybersecurity attacks have had on our commercial industries. One of the examples that stands out in my mind of particular concern was the 2017 cyber-attack on Equifax, where the personal and financial information of thousands of Canadians was obtained illegally. It is an obvious concern for folks when they find out that a company they trusted with their personal information has been subject to this kind of attack.

We also know that our government has not been immune from these kinds of attacks. Hospitals and Global Affairs Canada have been the object of successful cyber-attacks. Earlier this fall, the House of Commons had a cyber-attack. MPs were warned about changing their email passwords for fear of information in their work accounts being exposed to outside eyes and ears that would find out what was going on in those accounts.

There is no question that it is a real issue. There is also no question, when we talk to experts on the file, that Canada is a laggard in respect to cybersecurity. There have been many debates in this place about the role of Huawei, for instance, in our 5G infrastructure. The government did finally take a decision on Huawei, I think the right decision, although late in the game with respect to our other Five Eyes allies. The idea with this legislation is that the government needs more legal authority in order to implement that decision. Of course, there are a number of ways it can do that.

The bill, as it stands, is not ready to go, but New Democrats are happy to send it to committee where we can hear from experts and try to improve it. When I say it is not ready to go, in my view, it is that for as long as it took for the government to reach a decision on Huawei, it clearly was not doing any work alongside its deliberations on Huawei to prepare for banning it. This legislation would largely give a broad, sweeping power to the Minister of Industry to decide later what exactly the government will have to do in order to ban Huawei and respond to other kinds of cyber-threats.

There is not a lot of detail in the legislation, and that is something we have seen from the government on other fronts. We have seen it on unrelated items, like the Canada disability benefit. It drafted a bill that had no content on the program. The attitude is “trust us and we will get it right later”. However, we also see a litany of problems with the way the government manages its business, whether we go all the way back to the SNC-Lavalin affair and the question of deferred prosecution agreements or other ethical issues that have come up in the context of this government.

I think Canadians are right to have a certain distrust of the government. The answer lies in mechanisms that impose accountability on the government, and those are very clearly absent from this legislation. In fact, not only are they absent from the legislation but the government also very explicitly exempts itself from some of the current types of accountability that do exist.

For instance, it exempts itself from the Statutory Instruments Act, which would make it possible for the parliamentary regulations committee to review orders that the minister may issue under the new authority granted to him in this act.

Therefore, not only would there be no new accountability measures commensurate with the new powers the government would be giving itself, but it would also be exempting itself from some of the accountability mechanisms already there. The government is also explicitly letting Canadians know its intention in the legislation to give itself the legal authority to keep those orders secret. Therefore, we have to contemplate the idea that there will be a whole branch of secret orders and laws that govern the telecommunications industry that Canadians will not know about, and the telecommunications companies may not have an adequate awareness of them.

Where I would like to go with this is to talk a bit more broadly about the Internet and about privacy rights on the Internet. When the new Canada-U.S.-Mexico trade agreement was signed, there was a number of provisions in that agreement that went too far in shoring up the rights of companies to keep their algorithms secret, for instance. There are other kinds of IP protections, or protections that are sold as IP but really mean that it is harder to get a transparent accounting of how companies operate on the Internet and of the artificial intelligence they use to navigate the Internet.

There is a way of dealing with the Internet that prioritizes secrecy for commercial purposes, but that same secrecy also breeds more opportunity for malignant actors on the web to go about their business and not have to worry they will have to expose what it is they are doing. Whereas, if we look to the European Union as another model, for privacy and conducting business on the Internet, there are a lot more robust protections there for the private information of consumers on the Internet, and there are a lot more reporting requirements for actors on the Internet.

The problem with the bill as it is written here is that it would be trying to fight secrecy with secrecy. When firefighters show up to a house that is on fire, they do not usually show up with a flamethrower. They show up with something else that can fight the fire instead of accelerating it.

I do not think Canadians, who are concerned about malignant actors on the Internet and the ways that they are able to exploit the dark corners of the Internet and the back doors of software, also think that the way to fight that is to let the government do it in secret without any reporting. Canadians are not thinking that, with less information available about actors within the digital space or government actions against cybersecurity threats, they are better off if they do not know what the actors on the Internet are doing, and they do not know what the government is doing about it.

The problem with the bill as written is that it would double down on the approach that we saw in CUSMA. It was about privacy for actors on the Internet and privacy for the government in how it deals with it. Instead, it could take a more open-source approach to say that the way forward on the Internet has to be that digital actors have to be upfront about the kind of business they are conducting on the Internet, the ways they do it and the algorithms they use. Governments, likewise, could then be pretty transparent about how they would deal with people who were non-compliant or who were breaking the rules.

New Democrats are concerned to see, along those broad lines, an approach to the Internet that says transparency and accountability, both for private actors and for public actors, is the way forward. Digital consumers deserve to have this information at their fingertips, so they understand what people are going to be doing with the information they enter on their computer, whether that is to purchase a book, get a loan or whatever kind of business they are doing on the Internet. They should have more rights to know how that information is handled, and the role of the government in keeping that information secure, rather than being told not to worry about it, because commercial interests have their best interest at heart, the government has their best interest at heart, and they do not need to know what is going on.

That is why the bill should go to committee, to be sure, because Canada does need its government to have the authority to implement the decision on Huawei and to do better in respect of cybersecurity. There is a lot of good work for committee members to do there, and a lot of amendments that ought to be made to the bill in order for it to pass in subsequent readings.