The amendment seeks to introduce a set of factors that the Governor in Council must take into account before making an order confidential. These factors are set out in paragraphs (a) through (f) of subsection (3.1).
(a) the extent to which the disclosure could, in the Governor in Council’s opinion, compromise the objective of the order; (b) the necessity of including such a provision in light of the nature of the threat; (c) the possibility of limiting the scope of the prohibition; (d) the impact of non-disclosure on the principles of transparency and accountability of the Government of Canada; (e) any representations made by the affected telecommunications service providers; and (f) any other factor that the Governor in Council considers relevant.
This way, the amendment lays out what we think is fundamental to the bill, specifically in paragraph (a). It also reflects the significance of the threat, specifically in paragraph (b).