Bill C-22

Lawful Access Act, 2026

An Act respecting lawful access

Part 1 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things,
(a) amends the Criminal Code to, among other things,
(i) facilitate access to basic information that will assist in the investigation of federal offences through confirmation of service demands given to telecommunications service providers or judicial production orders for the production of subscriber information,
(ii) expedite the response to production orders by shortening the review process and clarify the ability of peace officers and public officers to receive and act on certain information that is voluntarily provided to them and to obtain and act on information that is publicly available,
(iii) specify certain circumstances in which peace officers and public officers may obtain evidence, including subscriber information, in exigent circumstances,
(iv) allow a justice or judge to authorize, in a warrant, a peace officer or public officer to obtain tracking data or transmission data that relates to any thing that is similar to a thing in relation to which data is authorized to be obtained under the warrant and that is unknown at the time the warrant is issued,
(v) provide and clarify authorities by which computer data may be examined, and
(vi) allow a justice or judge to authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services — or that provides services by a means of telecommunication — to the public to produce transmission data or subscriber information that is in its possession or control;
(b) makes a consequential amendment to the Foreign Publishers Advertising Services Act ;
(c) amends the Mutual Legal Assistance in Criminal Matters Act to allow the Minister of Justice to authorize a competent authority to make arrangements for the enforcement of a decision made by an authority of a state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada;
(d) amends the Canadian Security Intelligence Service Act to, among other things,
(i) facilitate access to basic information that will assist the Canadian Security Intelligence Service in the performance of its duties and functions under section 12 or 16 of that Act through confirmation of service demands given to telecommunications service providers and judicial orders against those providers, and
(ii) clarify the response time for production orders; and
(e) amends the Controlled Drugs and Substances Act and the Cannabis Act to provide and clarify authorities by which computer data may be examined.
Part 2 enacts the Supporting Authorized Access to Information Act . That Act establishes a framework for ensuring that electronic service providers can facilitate the exercise, by authorized persons, of authorities to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act . It also makes related and consequential amendments to the Intelligence Commissioner Act .
Part 3 provides for the parliamentary review of Parts 1 and 2.

Lawful Access Act, 2026

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I mentioned in my speech that Canada is the only country in the Five Eyes that does not have a system in place to begin with. I also mentioned that this bill must go to committee to be examined, to be strengthened and to give Canadians and the authorities all the tools so Canadians can be protected while their privacy laws or privacy rights cannot be infringed upon.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Nicola.

One of the things my colleague mentioned was Bill C-2. Let us not be naive. We know that the Liberals achieved their majority through a number of deals in the background. What concerns me as a member of Parliament and as a citizen is the fact that we would have been saddled with Bill C-2, a bill that we as Conservatives successfully fought against, and rightly so. There is a time to oppose in this place and a time to support. That was clearly the time to oppose.

I would like the member's opinion on why Bill C-2 failed and whether the Liberals appear to have learned any lessons from that, because we may be in a position where they just force these things through in the future.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I thank my hon. colleague for telling us about these bills and what he does to handle such cases and such bills in the House of Commons, representing our party.

Bill C-2 would have been a huge infringement on the privacy rights of Canadians. I am still receiving emails from constituents asking me to block Bill C-2; they think Bill C-2 is still in place. That infringement of Canadian laws and Canadians' rights is the greatest concern. We have to protect the privacy rights of Canadians. In the meantime, we have to find ways to protect them in the age of a digital world.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thomson—Nicola, apparently back-to-back today.

One of the things I appreciated about my hon. colleague's speech was the balanced nature of it. I would like to ask him to comment on his role as a legislator here and as somebody who does not blindly accept things. He talked about how we have to recognize things at committee, see things at committee and question things at committee. I am proud to be part of a party that does that. I would ask for his comments on that as well.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, the role of opposition is to really stand up for Canadians, fight for Canadians and make sure the government does not overreach on the rights of Canadians at any level, regardless of whether it is at the economic level, the human rights level or the privacy rights level. That is where the opposition stands in this House strongly to make sure that, when we oppose, we oppose for the benefit of Canadians. When we co-operate, it is also for the benefit of Canadians.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry—Soulanges—Huntingdon, QC]

Mr. Speaker, I would like my colleague to tell me about the threshold that the government has set for obtaining information, which is the lowest possible threshold. Does my colleague agree with that or does he think that we should be more stringent and raise the threshold for obtaining information?

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Mr. Speaker, I agree. I think we need tougher access to provide information. The laws have to protect Canadians first and foremost, and there is a way to do that without having to infringe on their rights.

[Patricia Lattanzio, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, it an honour for me to take the floor today and to speak on behalf of Bill C-22. I rise as the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada, in support of our government's bill on lawful access. The legislation is really about one simple thing: keeping Canadians safe in a digital world that criminals are increasingly exploiting.

Let us be clear about the reality we are facing. In 2024 alone, police reported more than 16 cases of child pornography, exploitation and abuse. In 94% of those cases, they could not identify a suspect or gather enough evidence to proceed. Right now, criminals hide behind anonymous usernames, burner phones and IP addresses. Meanwhile, our police are stuck navigating systems that were never designed for today's digital threats. By the time officers get the information they need, it is often too late, evidence is gone and victims are left without justice. Police need modern tools to properly investigate crimes and keep Canadians safe, and that is exactly why our new Liberal government has introduced Bill C-22.

In the Spencer case, the Supreme Court of Canada said that the police need some type of legal authority, such as a legislative authority or prior judicial authorization, to obtain subscriber information linked to specific online activity. Bill C-22 would provide the police not just with the authority they need in order to address a particular criminal activity considered in the Spencer decision regarding accessing and storing child sexual exploitation and abuse material but also with a broader way in circumstances where law enforcement needs to quickly identify suspects but does not have the necessary legal tools to do so.

To borrow the words of the head of the Canadian Association of Chiefs of Police and commissioner of the OPP, Thomas Carrique, “From Internet child exploitation to extortions, to home invasions, to carjackings, to drive-by shootings, to hate motivated crime, to extremism, lawful access is absolutely required and it's required now.” We know that current trends in crimes like fraud, extortion and auto theft are increasingly linked to sophisticated global crime networks. Organized crime is a multi-billion-dollar business that is taking full advantage of digital technologies, which is why it is imperative that we give police services the measures they need to stop these crimes.

When criminals target our most vulnerable people online by stealing their identity and using digital tools to hide their tracks, Canadians expect the law to give police the tools they need to respond quickly, lawfully and with respect for the privacy of Canadians. Bill C-22 would do just that. Among other things, the bill would provide timely access to data and information to support the investigation of crime in the digital age. The bill also focuses on modernizing the Criminal Code to give law enforcement agencies the tools they need to investigate crime and protect Canadians in 2026.

One of these proposed new tools is confirmation of service demand. The new confirmation of service demand tool would provide a new lawful authority to enable police to confirm with a telecommunications service provider, such as Bell or Rogers, whether or not they provide telecommunications services to a specific subscriber, client, account or identifier, like an IP address or a phone number.

This new tool would typically be used to help police identify which provider provides services to a phone number or an IP address. I will explain in plain language: This would allow police to ask the simple question to a telecom provider such Bell or Rogers, “Do you service this phone number or IP address, yes or no?” That is it. There would be no content and no personal details, just basic confirmation to help investigators take the next step and seek proper judicial authorization when and where required.

The objective of the tool is to assist police in determining which telecommunications service provider has in their possession or control data relevant to an investigation and may be served with a production order to compel the production of this data. Law enforcement would be authorized to make this demand only if it has reasonable grounds to suspect that an offence has been or will be committed, and that the confirmation of service would assist in the investigation of the offence. As a safeguard against inappropriate use, the service provider would be able to challenge the demand in a court with no obligation to provide the information or confirmation until a final decision is made by the court.

The bill also proposes to clarify in the Criminal Code that law enforcement would continue to be permitted to ask a telecommunications service provider or anyone else, including other types of service providers such as banks, hotels or car rental companies, to provide information voluntarily, including the confirmation of service I referenced earlier. This clarification is very important to preserve the ability of police to engage in online policing activities, such as asking questions to seek basic information that does not raise a reasonable expectation of privacy. Our government believes that Canadians should be safe online and that police should have the tools they need to act quickly when people are in danger.

The legislation would make something very clear in the law: If information is voluntarily provided to police, such as an IP address from a victim's complaint, a tip from a member of the public or information shared by trusted international partners such as the U.S. National Center for Missing & Exploited Children, law enforcement would be able to receive that information and act on it without having to first seek a court order. It would also clarify that police would be able to rely on the information that is readily and publicly available, and that they would not be required to issue a formal demand if a service provider chooses to provide that information voluntarily.

Bill C-22 would also address an important gap when it comes to urgent situations. These circumstances are rare, but they do occur. Every minute matters. In cases where there is an immediate threat to someone's life or safety, or where critical evidence could disappear, police may need to act quickly to obtain basic subscriber information linked to an IP address. Think about situations where officers are trying to locate a child who has been abducted, using their cellphone signal to trace the source of a credible threat of imminent violence or to determine where a livestream of child sexual abuse is taking place, so they can rescue the victim and stop the abuse. In those moments, speed can mean the difference between life and death.

Our laws already recognize that in true emergencies police may act without prior judicial authorization, as long as the legal grounds for doing so exist. The bill would simply provide clarity so officers would be able to respond quickly to protect victims while respecting the rule of law. Bill C-22 is about ensuring that when Canadians are in danger, the law would give police the clarity and the tools they need in order to help, stop the crime and keep people safe. The bill would make it crystal clear that this exception for urgent circumstances would apply to the seizure of subscriber information by amending the existing “exigent circumstances” provided in the Criminal Code.

Particularly in the context of global crime networks, equipping police services with these capabilities is critical in placing Canada in line with our Five Eyes partners, and it would respond to the recommendations made in the “Special Report on the Lawful Access to Communications by Security and Intelligence Organizations” by the non-partisan members of the National Security Intelligence Committee of Parliamentarians, NSICOP, which I had the honour of serving on and chairing.

Other meaningful purposes in the bill would better equip police to deal with situations involving organized crime tools, such as temporary phones, burner phones and vehicle switches, as ways of avoiding police surveillance and detection. It would also provide a new search warrant framework to govern the unique nature of computer searches so police would be able to properly examine digital devices and data in a manner that is compliant with Supreme Court rulings. The proposed tools and modernization amendments included in the bill are critically needed, and these amendments would have a concrete impact on victims and on the safety of our communities.

I encourage members from across the floor and across the aisle to join us in heeding the call of police organizations across the country to support this much-needed legislation.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Nicola.

My colleague has been involved in the justice portfolio, which is really the opposite side of the coin to the public safety portfolio. There is obviously a difference. There is one thing I really would like her to comment on because she has ardently expressed support for this piece of legislation.

I am sure my colleague spoke to Bill C-2 as well, so my question is this: Did she speak on Bill C-2, and is she prepared now to acknowledge the colossal failure it was, which is why we are now here with Bill C-22 in a much more reasonable form?

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I did not speak to Bill C-2, but I am taking the opportunity this morning, as the member opposite rightly pointed out, to state that I am in total favour of Bill C-22. Although we work through legislation in the House, nothing is perfect. No bill is perfect in its format nor sometimes even in its content, and that is why we have committees, where members from across the aisle from all parties have an opportunity to weigh in, as well as to hear from experts and stakeholders.

This is an important piece of legislation. I do hope that Bill C-22 will be adopted so we can send it to the public safety committee and members will have the opportunity to delve into the details that may require fine tuning.

[Claude DeBellefeuille, Bloc, Beauharnois—Salaberry—Soulanges—Huntingdon, QC]

Mr. Speaker, I really enjoyed my colleague's speech. She always explains her opinions in such a calm manner.

I have a question. I am wondering why the government chose the lowest possible threshold for obtaining information, that of reasonable grounds to suspect, rather than the more stringent threshold of reasonable grounds to believe.

Can my colleague explain why the government chose to go that route? I do not understand that and I would like a clear answer.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I will give my answer in English this time because I am more familiar with the English terminology.

We already have in the Criminal Code the threshold of “reasonable grounds to suspect”.

It can be found in several sections of the Criminal Code, including section 487.017. This already exists in the Criminal Code.

We also think that “reasonable grounds to suspect” is higher than the threshold of mere suspicion.

[Madeleine Chenette, Liberal, Parliamentary Secretary to the Minister of Canadian Identity and Culture and Minister responsible for Official Languages and to the Secretary of State (Sport)]

Mr. Speaker, I want to thank my hon. colleague for her hard work and her leadership. I want to add that my constituents in Thérèse-De Blainville urgently want this bill to pass.

The bill must be referred to the Standing Committee on National Security. Does my colleague have confidence that we will be able to move forward quickly?

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Mr. Speaker, I believe that all Canadians want this bill to be sent quickly to the Standing Committee on National Security so that it can be studied there and then passed.

In light of the debates that took place in the House this week on this fine bill, I see that there is goodwill on the part of members, who want to discuss it and address this issue. I appreciate that.

It is a very important bill. For too long now, police officers have lacked the tools they need to access the information necessary to prevent crime. I am therefore eager for this bill to pass and I am confident that members will vote for it.

[Ali Ehsassi, Liberal, Parliamentary Secretary to the President of the King’s Privy Council for Canada and Minister responsible for Canada-U.S. Trade]

Mr. Speaker, thank you for permitting me to speak to Bill C-22, an act respecting lawful access.

It is always a great pleasure to speak in this chamber on behalf of the constituents of Willowdale. In this particular case, I should say that in Willowdale, we are very well served by 32 Division of the Toronto Police Service. I recently had the opportunity, once again, to visit with them and to be guided by the wisdom of the officers, who are doing so much for all the residents of my riding and beyond.

Today, I should also say that I am speaking as a member of the public safety committee. It gives me great pleasure to speak on new legislation that is timely and would allow our police and law enforcement agencies to undertake their work with renewed vigour.

As members know, this piece of legislation is the product of 10 months of diligent joint work by the Minister of Public Safety, the Minister of Justice and the Secretary of State for Combatting Crime. It is important to emphasize that this legislation would fill a very significant gap that had previously handcuffed the investigative powers of our law enforcement officials. It is also important to underscore that Canada was the only member of the Five Eyes and the G7 countries that was lagging by not having devised a legal framework or regime for lawful access.

At a time when extortion, child exploitation, human trafficking and cybercrimes that target all Canadians, in particular our seniors, are on the rise, it is imperative that we update our approach and strengthen our legal capacity to ensure that we are supporting our law enforcement agencies in their important investigative work. Given the speed at which certain crimes are now occurring, it is important to keep up with the times and to ensure that our officials do not hit a wall and can deal with serious crimes more expeditiously and on a timely basis.

The substance of the bill and the layers of legal guardrails in the system have been adequately explained by those who have spoken before me, in particular the Minister of Public Safety and the Secretary of State for Combatting Crime. In addition, we had the great pleasure of hearing from the Parliamentary Secretary to the Minister of Justice earlier this morning.

We are a country that should not have to choose between safety and crime. As the Secretary of State for Combatting Crime eloquently put it before this very chamber, “The alternative to this bill is not privacy. The alternative is impunity.”

Rather than focus on the substance of this bill, because, as I indicated, many others have risen before me and spoken about the layers of protection that exist in this bill, I want to highlight the extent to which this bill has truly benefited from cross-partisan contributions. When we work together, all members of this chamber, or when we reach out and are informed by the perspective of individuals from all across the political spectrum, I have every confidence that we can come up with better legislation.

As members know, the Minister of Public Safety, in his wisdom, tasked a former distinguished member of this chamber and a former minister from B.C. to undertake the initial consultations before this bill was devised. He had the difficult task of meeting with individuals and associations with differing views. This bill certainly benefited greatly from the early work that Murray Rankin is responsible for. He had the opportunity to speak to a number of civil society organizations, academics, and law enforcement and industry groups as well, so that is on one end of the political spectrum. On the other end, I also think it is incredibly important to give credit to the member opposite, the member for Medicine Hat—Cardston—Warner, who is a distinguished former police officer himself and also has contributed to this great legislative effort.

I can say, given that I am on the public safety committee, I remember that many, many months ago we started chatting about how incredibly important lawful access was. This, of course, was because we were hearing from a wide variety of witnesses who indicated to us how critically important it was. Those discussions with the member for Medicine Hat—Cardston—Warner eventually led to many meetings he had with our Minister of Public Safety. Those two are real examples of how, when we come together in this chamber, we are capable of producing much better legislation.

In addition to that, I think it also bears repeating that NSICOP, which is our parliamentary committee comprising members from all parties and from both chambers, has also said that it is critically important that this legislation be adopted. I certainly hope, in that cross-partisan spirit, that the fact that many individuals inside this chamber and others outside have been consulted widely on this will mean that all members will understand the critical importance of voting in favour of this legislation.