Evidence of meeting #26 for Public Safety and National Security in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was subamendment.
A video is available from Parliament.
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
I move that Bill C‑8, in Clause 11, be amended
(a) by adding the following after line 11 on page 22: personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels) (b) by adding the following after line 13 on page 31: For greater certainty 26.1 For greater certainty, nothing in this Act affects the provisions of the Privacy Act in relation to the protection of personal information.
Liberal
The Chair Liberal Jean-Yves Duclos
Thank you, Mr. Ramsay.
Seeing no discussion on that, shall the amendment carry?
(Amendment agreed to)
Is amendment CPC-42 being moved?
Conservative
Dane Lloyd Conservative Parkland, AB
Yes, I'll be moving CPC-42.
Basically, we're seeking to harmonize the standards by which this legislation is governed.
I'd like to ask the officials about the International Organization for Standardization and how that relates to national security. Do you believe this harmonization would reduce national security?
Director General, National Cyber Security Directorate, Department of Public Safety and Emergency Preparedness
While, generally speaking, it's a good practice to harmonize this, there are some considerations when legislating that requirement. As it relates to cybersecurity, there are different international standards bodies, and thus different organizations can follow different standards. Legislating a certain type runs the risk of requiring a certain group to adhere to those particular standards.
The other issue is that standards change consistently, so embedding those in legislation runs the risk of that provision stale-dating quickly should there be a significant enough change.
I don't know if my colleagues from CSE wish to add anything.
Richard Larose Principal Advisor on Cyber Security, Communications Security Establishment
Yes, indeed, this type of reference to a standard will be better placed in regulations, where it can be quickly adapted or changed, versus in legislation, where, if there was something we didn't want to adhere to in that standard, we would be left with it in legislation. The standards deviate over time.
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
Mr. Chair, we would be prepared to vote in favour of this amendment, provided that the subamendment I'm going to move is adopted. I'd like to move that subamendment.
I move that Motion No. CPC‑42, proposing to amend Clause 11 of Bill C‑8, be amended by
(a) deleting “in accordance with any guidelines established under section 15.1”; and (b) replacing “must” with “may ” in proposed section 15.1.
Liberal
The Chair Liberal Jean-Yves Duclos
Everyone seems to be on board and well aware of the subamendment.
Is the subamendment adopted?
Liberal
The Chair Liberal Jean-Yves Duclos
(Subamendment agreed to)
Shall CPC‑42 as amended carry?
(Amendment as amended agreed to [See Minutes of Proceedings])
Liberal
The Chair Liberal Jean-Yves Duclos
That's fine.
That brings us to CPC‑43. Would someone like to move that amendment?
Conservative
Dane Lloyd Conservative Parkland, AB
Yes, I'll be moving that.
There was significant concern, I believe, from the Privacy Commissioner and others, that the Privacy Commissioner was not required to be informed when there were privacy breaches. We're seeking to include a provision that will allow the Privacy Commissioner to be informed when privacy rights are impacted.
Thank you.
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
Thank you, Mr. Chair.
We will be voting against this amendment, because we believe it compromises the neutrality of the Communications Security Establishment in providing advice and guidance to industry. The CSE would effectively be required to determine whether an incident report meets the data breach criteria set out in the Privacy Act, which does not apply to its mandate. So we'll be voting against it.
Liberal
The Chair Liberal Jean-Yves Duclos
Thank you, Mr. Ramsay.
Seeing no other discussion, is it the will of the committee to adopt CPC‑43?
(Amendment negatived [See Minutes of Proceedings])
Liberal
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
I think we have another amendment to deal with first.
Liberal
The Chair Liberal Jean-Yves Duclos
Yes, sorry. You had advised that there might be another amendment before G‑4. Would you like to move that amendment?
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
Yes, please, I do.
Madam Clerk, can you specify that this is the one with the number 011-027-21b on the page?
Liberal
Jacques Ramsay Liberal La Prairie—Atateken, QC
Mr. Chair, I move that Bill C‑8, in Clause 11, be amended by adding after line 24 on page 27 the following:
For greater certainty 18.1 For greater certainty, nothing in sections 17 and 18 affects the provisions of the Personal Information Protection and Electronic Documents Act.
Liberal
The Chair Liberal Jean-Yves Duclos
Thank you, Mr. Ramsay.
Seeing no discussion, shall this amendment carry?
(Amendment agreed to)
