Thank you, Chair.
I'm happy to address the point of order that was just raised. You know, it was not Conservatives who wrote this bill. When the Liberals did so, they did it with a reference to Bill C-26. If that member has concerns about the wider application of this bill, I would suggest he has an opportunity to get on the speaking list to ask those very questions. When it comes to the way in which there is that cross-application, certainly it bears relevance to it. Because of the way it was written, it provides that very application.
I will continue with regard to Bill C-26, Mr. Chair, as follows:
report cybersecurity incidents to the Canadian Security Establishment (the “CSE”);
comply with and maintain the confidentiality of directions from the Governor-in-Council; and
keep records related to the above.
To enforce these new obligations, the CCSPA grants to the Appropriate Regulators investigatory, auditing, and order-making powers, including issuing administrative monetary penalties (“AMPs”) of up to $1 million per day for individuals (such as directors and officers), and $15 million per day for other persons. Additionally, Designated Operators, and their directors and officers, may also be fined—or imprisoned if a director or officer—if either contravene specific provisions of the CCSPA; the amount of a fine is at the discretion of the federal court.
Now, that's the critical cyber systems protection act, but this article goes on to reference, in its summary of Bill C-26, the Telecommunications Act amendments. I found it very valuable in terms of that conversation and how, of course, when we talk about the application to Bill C-33, there is a tremendous amount of overlap when it comes to telecommunications and the critical infrastructure that our country depends on.
It goes on to say the following:
The amendments to the Telecommunications Act (the “Amendments”) establish new order-making powers for the Governor-in-Council and the Minister of Industry (the “Minister”) to direct Telcos to take specific actions to secure the Canadian telecommunications system. Specifically, the Governor-in-Council may, by order,
prohibit a Telco from using all the products and services offered by a specified person; and
direct a Telco to remove all products provided by a specified person.
The Minister, after consultation with the Minister of Public Safety and Emergency Preparedness, may, by order,
prohibit a Telco from providing services to a specified person; and
direct a Telco to suspend any service to a specified person.
Additionally, the Amendments grant the Minister the power to direct Telcos to do anything or refrain from doing anything that is, in the Minister’s opinion, necessary to secure the Canadian telecommunications system, including the following:
It then includes a number of points there.
I would just note and make the connection to some of the evidence that Mr. Strahl brought into the conversation, and some of the briefs entered into the committee, in the context of some of the concerns, especially from civil liberty and privacy groups. I know that there's been a host of experts. Again, as a member of the ethics committee, which deals with privacy, I know there's been a host of concerns brought forward. We have a great deal of them, especially because of the tech industry that has found its home both in my province of Alberta, where there's a huge boom in the high-tech sector, and in other areas across the country. In fact, I stand to be corrected here, but I believe the Ottawa area was known as “Silicon Valley north” at one point in time.
There's certainly the privacy and also the security related to that. There's a specific tension there. Some of the evidence that Mr. Strahl read into the record I think bears specific relevance to this larger conversation and how that applies to the transportation infrastructure of our nation.
The summary goes on to talk about Bill C-26, and it includes a number of summaries here that really succinctly identify some of what Bill C-26 talks about.
It starts off by saying:
prohibiting Telcos from using any specified product in or in relation to Telcos’ network or facilities, or part thereof;
prohibiting Telcos from entering service agreements for any product or service;
requiring Telcos to terminate a service agreement;
prohibiting the upgrade of any specified product or service; and
subjecting the Telcos’ procurement plans to a review process.
Mr. Chair, it goes on to say:
Interestingly, Telcos will not be compensated for any financial losses resulting from these orders.
As was noted, I believe, in the debate surrounding Bill C-26, they wouldn't anticipate there to be a large number, unless it started getting into the firms.... That's certainly an open question that I trust will be answered as Bill C-26 is further studied at their committee, but I wouldn't want to venture off the topic that we have before us.
It goes on to say:
The Amendments introduce new enforcement powers for the Minister of Industry to monitor the Telcos’ compliance with the orders or future regulations, including investigatory powers and issuing AMPs of up to $25,000–$50,000 per day for individuals (such as directors and officers), and up to $10–$15 million per day for other persons. Moreover, contravention of orders or regulations may result in prosecution whereby the Telcos, and their directors and officers, may have to pay fines (whose amount is at the discretion of the court) or face imprisonment.