In terms of review and oversight of this regime, there are some review mechanisms in place and others proposed in Bill C-59, but I would argue that there are still some gaps in terms of comprehensive oversight.
While some decisions are subject to statutory or judicial review by the federal courts, which is one form of oversight, by the courts, a decision by FINTRAC to disclose information is more likely to be challenged in the context of a proceeding involving a disclosure to an investigative body such as a law enforcement agency. In many cases, however, an individual whose information is disclosed by FINTRAC might never know the disclosure took place.
Bill C-59, if passed, would create a new expert review body, the national security and intelligence review agency, with broad jurisdiction to examine the activities of all departments and agencies involved in national security, which includes FINTRAC. In addition, the new National Security and Intelligence Committee of Parliamentarians will also have a role to produce well-informed and comprehensive reviews of the work of these agencies.
However, the NSIRA will not review all of FINTRAC's activities, given the latter's mandate to identify criminality related to money laundering, and the NSIRA's national security mandate. Its national security review might also be limited given that not all of FINTRAC's disclosures are within the federal family.
The OPC is another oversight mechanism. We have an important mandated role, as already examined, and insight on the privacy aspects, including 10 years of audit experience in this area. However, as we've said in the context of Bill C-59, we currently would not have the legal authority to work with other national security review bodies, such as the NSIRA, to co-operate and provide effective oversight in this area.
To summarize, I would recommend the following: one, that the purpose of our reviews under the PCMLTFA be modified to include advice or recommendations on proportionality; two, that they begin at least one year before every anticipated five-year review that Parliament must undertake; and three, with respect to any contemplated changes to the regulations, Finance Canada should be legally required to consult with my office on draft legislation and regulations with privacy implications, before they are tabled.
Thank you very much, and I look forward to your questions.