Security of Canada Information Disclosure Act: A Step-by-Step Guide to Responsible Information Sharing

2022

Purpose

This guide is intended to help the reader navigate the Security of Canada Information Disclosure Act (SCIDA) and to facilitate the development of effective and responsible information disclosure practices between Government of Canada (GC) institutions.

For questions about the guide and/or other SCIDA-related resources provided by Public Safety Canada's Strategic Coordination Centre on Information Sharing (SCCI), please send an email to: scci-ccsi@ps-sp.gc.ca.

Public Safety Canada will continue to update this resource as needed and distribute new versions as they become available.

Background

The Security of Canada Information Disclosure Act (SCIDA) was developed in the context of a comprehensive reform of Canada's national security framework in 2019. It is the second iteration of federal legislation aimed at encouraging and facilitating the disclosure of information for national security purposes between institutions of the Government of Canada. The first iteration was the Security of Canada Information Sharing Act (SCISA), enacted in June 2015 as part of the Anti-Terrorism Act, 2015 (former Bill C-51) was the GC's first response to address the recommendations made by the O'Connor Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, the findings in the 2004 and 2009 Status Reports of the Auditor General of Canada, the Report of the Standing Committee on Public Accounts concerning those reports, and the recommendations made by the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182.

In the Fall of 2016, Public Safety Canada (PS) and the Department of Justice Canada (DOJ) held a consultation on potential reforms to Canada's national security framework, including the SCISA. Following the subsequent What We Learned Report, the PS Minister introduced Bill C‑59, also referred to as the National Security Act, 2017, in June 2017. The Bill, which received royal assent in June 2019, included amendments to the SCISA, which was renamed the SCIDA.

2000s: Several incidents and reports highlight national security information sharing challenges in Canada

2015: Anti-terrorism Act, 2015 (C-51): Security of Canada Information Sharing Act (SCISA)

2019: National Security Act, 2017 (C-59): SCIDA

Overview

The SCIDA establishes an express, stand-alone authority for GC institutions to disclose national security information, including personal information, either proactively or in response to a request, to a core group of 17 designated recipient institutions within the GC that have a recognized national security mandate. Whether disclosure occurs proactively or in response to a request made by an institution that may receive information under the SCIDA, the SCIDA does not create an obligation to disclose information.

The SCIDA aims to encourage and facilitate effective and responsible information disclosure between GC institutions in order to protect Canada against activities that undermine the security of Canada. As stated in the Act's Preamble, this purpose is to be pursued with a view to respecting the Canadian Charter of Rights and Freedoms (Charter) and the privacy rights of Canadians under the Privacy Act and other federal legislation. Each institution's authority to collect, disclose, retain and use information (including personal information) remains circumscribed by this legal framework. Importantly, the SCIDA also does not take precedence over any other statutory or regulatory prohibitions or limitations on the disclosure of information, nor does it address information collection, which continues to be governed by existing lawful authorities, including the Privacy Act (e.g. with respect to the collection of personal information). The SCIDA does not restrict the capacity or discretion of government institutions to disclose information to other government institutions under other existing federal legislation regulating the disclosure of information, such as the Privacy Act or specific departmental or program-related legislation.

Steps for institutions disclosing information under the SCIDA

Key Questions for Disclosing Institutions

Checklist for institutions disclosing information under the SCIDA

When you are considering the disclosure of information under the Security of Canada Information Disclosure Act (SCIDA), it may be helpful to use this checklist. If, after completing all steps below, you determine that the disclosure of information under the SCIDA is indeed authorized and appropriate, records of the determination and the reasons for it must be retained. A record-keeping template for institutions disclosing information under the SCIDA can be found in Appendix A to the Guide.

If you cannot complete all of the steps in this checklist, then the disclosure of information may not be authorized under the SCIDA. If, at any point, you determine that the disclosure of information under the SCIDA is not authorized or appropriate, it is also good practice to create and retain a record for review purposes (e.g., email, memo to file).

Step 1: Does your institution have information that you believe is linked to an activity that undermines the security of Canada?

Describe how the information to be disclosed is linked to an activity that undermines the security of CanadaFootnote 1 (exclude specific details about any person(s)).

Type of activities that undermine the security of Canada (check all that apply):

Go to Explanatory Note for Step 1.

Note: Information related to the activities of advocacy, protest, dissent or artistic expression does not fall within the scope of the definition of an activity that “undermines the security of Canada” unless it is carried out in conjunction with an activity that undermines the security of Canada.

Step 2: Is this disclosure prohibited or restricted by another federal statute or regulation?

Go to Explanatory Note for Step 2.

Step 3: Is the information being disclosed to one of the 17 designated recipient institutions?

Go to Explanatory Note for Step 3.

Step 4: Do you believe the information will contribute to the recipient institution's national security mandate?

Provide a description of how you believe this information will contribute to the recipient institution's national security mandate (i.e., its jurisdiction or responsibilities).

Go to Explanatory Note for Step 4.

Step 5: Are you satisfied that the disclosure of the information will not affect any person's privacy interest more than is reasonably necessary in the circumstances?

Provide a description of how you have satisfied yourself that the disclosure will not affect any person's privacy interest more than is reasonably necessary in the circumstances.

Go to Explanatory Note for Step 5.

Step 6: Have you provided a statement on the accuracy and reliability of the information as part of your disclosure?

Provide a statement on both the accuracy of the information and the reliability of the manner in which this information was obtained.

Go to Explanatory Note for Step 6.

You should now be prepared to disclose the information!

To assist you in ensuring that all required information is included in the disclosure package, refer to the template disclosure letter in Appendix C.

Step 7: Have you created and retained a record of the disclosure prior to disclosing the information?

Go to Explanatory Note for Step 7.

Step 8: Has your institution provided a record of the disclosure to the National Security and Intelligence Review Agency (NSIRA)?

Go to Explanatory Note for Step 8.

Guide to the checklist for institutions disclosing information under the SCIDA

It is important to confirm that your institution is considered a “Government Institution” as defined in section 2 of the SCIDA prior to disclosing any information (refer to Appendix E). If your institution does not meet this definition, then it cannot lawfully disclose information under the SCIDA. In such situations, you will need to consider another authority to disclose the required information.

If you are uncertain about whether you meet the legal requirements for any of the following steps or are authorized to disclose information under SCIDA, it is recommended that you consult with your Departmental Legal Services Unit or Access to Information and Privacy (ATIP) Office for advice.

Step 1: Does your institution have information that you believe is linked to activities that undermine the security of Canada?

Note: A government institution may disclose information believed to be linked to an activity that undermines the security of Canada, even if this information was collected for a purpose other than national security (provided that all of the requirements of the SCIDA have been met).

Step 2: Is the disclosure of this information not prohibited or restricted by other federal legislation or regulations?

Step 3: Is this information intended for one of the 17 designated recipient institutions?

Privacy Considerations

Step 4: Do you believe that this information will contribute to the recipient's national security mandate?

Sample Case

The disclosing institution is the Canadian Border Services Agency (CBSA). In performing their statutory duties under the Customs Act and Regulations, customs agents come across information describing ongoing and forthcoming efforts to effect a significant interference with the global information infrastructure, which paragraph 2(g) of the SCIDA identifies as an activity that undermines the security of Canada. The CBSA wishes to disclose this information to the Communications Security Establishment (CSE).

Examining the Communications Security Establishment Act, the CBSA notices that CSE's jurisdiction and responsibilities include the ability to carry out active and defensive cyber operations “on or through the global information infrastructure.” While the CBSA may not know, with absolute certainty, whether or not the disclosure will in fact contribute to CSE's jurisdiction or responsibilities, the direct link between the information and CSE's statutory jurisdiction provides a sufficient basis for the CBSA to be “satisfied” that the disclosure will indeed contribute to the exercise of CSE's jurisdiction or responsibilities.

Bulk Disclosures (Sharing Large Amounts of Data)

The SCIDA may authorize institutions to disclose data other than on a case-by-case basis where all SCIDA requirements are met (including for datasets or other specific categories of information). In order to ensure that a disclosure is authorized, it is important that every piece of information in the bulk disclosure or category meets the requirements for disclosure set out in section 5 of the SCIDA.

As there is greater risk with regards to the misuse or mislabeling of information when shared in bulk, federal institutions should put robust frameworks in place for sharing of this type of bulk data to satisfy themselves that all requirements of the Act have been met, including using precise caveats and statements of accuracy and reliability. When responding to requests for information for bulk datasets, institutions should minimize the sharing of extraneous data whenever possible.

The scope of any bulk disclosure needs to be closely tailored to the recipient's national security jurisdiction or responsibilities, and where it forms part of a routine process, should be reviewed at regular intervals to ensure continued compliance with the requirements of the SCIDA.

Institutions must ensure that records kept for bulk disclosures include an appropriately robust description of the information relied upon to satisfy themselves that the disclosure of all elements of the information meets section 5 of the Act (including how the disclosure contributes to the recipient's national security mandate) and that the level of internal oversight is commensurate with the privacy risk.

Step 5: Are you satisfied that the disclosure of the information will not affect any person's privacy interest more than is reasonably necessary in the circumstances?

Privacy Considerations

Step 6: Have you provided a statement on the accuracy and reliability of the information as part of your disclosure?

Privacy Considerations

You should now be prepared to disclose the information!

To assist you in ensuring that all required information is included in the disclosure package, refer to the template disclosure letter in Appendix C.

Step 7: Have you created and retained a record of the disclosure prior to disclosing the information?

Note: It is important to remember to complete a record of disclosure for each disclosure and provide a copy of it to the appropriate person within your institution so that it can be retained for annual reporting purposes. A standardized process for record keeping is highly recommended for all disclosing institutions sharing information under the SCIDA.

Step 8: Has your institution provided a record of the disclosure to the National Security and Intelligence Review Agency (NSIRA)?

Steps for institutions receiving information under the SCIDA

Key Questions for Recipient Institutions

Checklist for institutions receiving information under the SCIDA

Prior to requesting or receiving information under the Security of Canada Information Disclosure Act (SCIDA), you may find it helpful to use this checklist. If, after completing all steps below, you determine that the receipt of information under the SCIDA is indeed authorized and appropriate, you must create and retain a record of the receipt. A record-keeping template for institutions receiving information under the SCIDA can be found in Appendix A to the Guide.

If you cannot complete all of the steps in this checklist, then the receipt of information may not be authorized under the SCIDA. If, at any point, you determine that the receipt of information under the SCIDA is not authorized or appropriate, it is recommended that you destroy or return the information to the disclosing institution and create and retain a record for review purposes (e.g., email, memo to file).

Step 1: Has your institution received information pursuant to the SCIDA?

Provide a brief description of the information received (exclude specific details):

The SCIDA defines an activity that undermines the security of Canada as any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada.

Go to Explanatory Note for Step 1.

Note: Information related to the activities of advocacy, protest, dissent or artistic expression does not fall within the scope of the definition of an activity that “undermines the security of Canada” unless it is carried out in conjunction with an activity that undermines the security of Canada.

Step 2: Which institution disclosed this information to your institution?

This information was disclosed by the following:

Name of Institution:

Go to Explanatory Note for Step 2.

Step 3: Which designated individual within your institution received the information?

This information was received by the following:

Name/Position:

Branch/Division:

Date of receipt (mm/dd/yyyy):

Go to Explanatory Note for Step 3.

Step 4: Does the disclosure contain any unnecessary personal information?

OR

OR

OR

Go to Explanatory Note for Step 4.

Note 5: Where you determine that only part of the personal information is necessary for your institution to carry out its national security mandate, it is important that you return or destroy the personal information that is not necessary for that purpose.

Step 5: Have you created and retained a record of the receipt?

Go to Explanatory Note for Step 5.

Step 6: Has your institution provided a record of the receipt to the National Security and Intelligence Review Agency (NSIRA)?

Go to Explanatory Note for Step 6.

Guide to the checklist for institutions receiving information under the SCIDA

It is important to confirm that your institution is one of the designated recipients in Schedule 3 of the SCIDA prior to accepting a disclosure of information (refer to Appendix F). If your institution is not listed, it cannot lawfully receive information under the SCIDA. In such situations, you will need to consider another authority to obtain the required information.

If you are uncertain about whether you meet the legal requirements for any of the following steps or are authorized to disclose information under SCIDA, it is recommended that you consult with your Departmental Legal Services Unit or Access to Information and Privacy (ATIP) Office for advice.

Step 1: Has your institution received information that you believe is linked to activities that undermine the security of Canada?

Step 2: Which institution disclosed this information to your institution?

Privacy Considerations

Step 3: Which designated individual within your institution received the information?

Step 4: Does this information include any personal information?

Privacy Considerations

Step 5: Have you created and retained a record of the receipt?

Note: It is important to remember to complete a record of disclosure for each disclosure received and provide a copy of it to the appropriate person within your institution so that it can be retained for annual reporting purposes. A standardized process for record keeping is highly recommended for all recipient institutions receiving information under the SCIDA.

Step 6: Has your institution provided a record of the receipt to the National Security and Intelligence Review Agency (NSIRA)?

Appendix A - Record-keeping template for institutions disclosing and receiving information under the SCIDA

A record of all disclosed information must be provided to the National Security and Intelligence Review Agency (NSIRA) within 30 days after the end of each calendar year January 30th. Completing this template for each disclosure will help you meet the record-keeping obligations for disclosing and recipient institutions under the SCIDA.

Record-keeping template for institutions disclosing and receiving information under the SCIDA

A) Disclosure of information under the SCIDA (To be completed by disclosing institution)

 B) Receipt of information under the SCIDA (To be completed by recipient institution)

Appendix B - SCIDA request letter (template)

RE: Request for a Disclosure of Information under the SCIDA

Dear individual or unit/division/branch,

Recipient institution kindly requests the disclosure of information, which your institution may have in its possession, relating to the following subject:

Recipient institution is designated as a Government of Canada institution authorized to receive information under the Security of Canada Information Disclosure Act (SCIDA) and considers that information related to the above-noted subject will contribute to its jurisdiction and responsibilities in respect of an activity that may undermine the security of Canada, specifically as it relates to type of activity.

Further describe how this information will contribute to the exercise of your institution's jurisdiction and/or the carrying out of its responsibilities as it relates to this activity (e.g. detection, identification, analysis, prevention, investigation or disruption of activities that undermine the security of Canada).

[For use if disclosing institution is not listed in Schedule 3 of SCIDA.] Please note that this request is being provided to assist you in making a determination to disclose the requested information. It does not constitute or confer authority for you to disclose the information, nor does it waive any requirements of the SCIDA that you may be subject to as a disclosing institution (including record-keeping requirements). For questions about the SCIDA, we recommend you communicate with Public Safety Canada at scci-ccsi@ps-sp.gc.ca.

If you have any questions or concerns related to this request, please do not hesitate to contact me [or add another contact person] at [telephone number].

Thank you,
Name of individual and/or unit/division/branch disclosing the information

Appendix C - SCIDA disclosure letter (template)

RE: SCIDA Disclosure of Information

Dear individual or unit/division/branch,

[Remove if proactive disclosure: This letter is in response to your request dated on Click here to enter a date.]

Disclosing institution name is disclosing the attached information to Recipient institution pursuant to section 5 (1) of the Security of Canada Information Disclosure Act (SCIDA).

Our institution has information that we believe will contribute to your institution's jurisdiction and responsibilities with respect to an activity that undermines the security of Canada, specifically as it relates to type of activity.

Describe the recipient institution's national security jurisdiction and/or responsibilities as it relates to this activity (e.g. detection, identification, analysis, prevention, investigation or disruption of activities that undermine the security of Canada).

You may only disclose this information in accordance with the following caveat(s):

Provide a statement on the accuracy of the information to be disclosed and the reliability of the manner in which the information was obtained.

If you have any questions or concerns related to this disclosure, please do not hesitate to contact me [or add another contact person] at [telephone number].

Thank you,
Name of individual and/or unit/division/branch disclosing the information

Appendix D - File reference numbering system

For every disclosure of information under the Security of Canada Information Disclosure Act (SCIDA), it is recommended that the disclosing institution generate a File Reference Number to be used by both the disclosing and recipient institutions for record-keeping and external reporting purposes, e.g. annual report to the National Security and Intelligence Review Agency (NSIRA).

We recommend that a File Reference Number be composed of at least the following four parts:

Year /
e.g.: 2022

Disclosing Institution /
(Acronym) e.g.: CBSA

Recipient Institution /
(Acronym) e.g.: IRCC

Unique Identifier Number
e.g.: 0001

A unique identifier number should be assigned by the disclosing institution and used by both the disclosing and recipient institution for each disclosure of information.

For institutions that are comprised of several branches or regional offices that may disclose or receive information for national security purposes under the SCIDA, it is recommended that the institution add an additional descriptor to its acronym in the File Reference Number (e.g. CBSA-QUE). Doing so will ensure that SCIDA records are more easily discernible and will facilitate cross-referencing activities and reporting on disclosures.

As an example, a File Reference Number for a disclosure of information by the Canada Border Services Agency's Quebec Intelligence Operations Division to Immigration, Refugees and Citizenship Canada could appear as follows: FILE REFERENCE NUMBER: 2022 / CBSA-QUE / IRCC / 0001

Appendix E - Government of Canada institutions authorized to disclose information under the SCIDA

This list reproduces the Privacy Act definition of “government institution” and is intended for reference purposes only. It is entirely possible that an institution listed below may be associated with a different name or no longer exists.

Departments and Ministries of State

Other Government Institutions

Crown Corporations

Appendix F - National security mandates of the designated recipient institutions under the SCIDA

For reference, and to assist you as a representative of a Government of Canada disclosing institution, this Appendix lists all designated recipient institutions identified in Schedule 3 under the SCIDA. Below is a description of each institution's national security mandate – its jurisdiction or responsibilities in respect of activities that undermine the security of Canada – as well as the relevant Act of Parliament or other lawful authorities under which that mandate is exercised.

Canada Border Services Agency

The Canada Border Services Agency (CBSA) is responsible for providing integrated border services that support national security and public safety priorities, and for facilitating the free flow of people and goods – including animals and plants – across the border. It does this by administering and enforcing its program legislation, immigration and customs related statutes, as well as several other statues on the behalf of partner agencies [Canada Border Services Act, s. 5].

The CBSA is the first line of defence in preventing inadmissible foreign nationals and/or goods from entering Canada, as well as managing the export of goods that may be prohibited, controlled or regulated. In this role, the CBSA works with Immigration, Refugees and Citizenship Canada (IRCC), the Royal Canadian Mounted Police (RCMP) and the Canadian Security Intelligence Service (CSIS) to protect Canada's security at the border.

The Agency also collects, analyses, produces and disseminates intelligence to its national security partners across the Government of Canada. As such, the CBSA requires timely, accurate and actionable information in order to support its own operations, and to assist its Government of Canada partners [Canada Border Services Act, s. 13 (2)].

Responsibilities

Intelligence Gathering and Dissemination: The CBSA conducts intelligence activities (focus on threats that pose the highest risk and consider the broader enforcement continuum) and provides support to a wide range of CBSA programs as well as external stakeholders.

Risk Assessment and Targeting: The CBSA conducts risk assessments of persons and shipments prior to their arrival, and those that have been identified as potential threats to the safety and security of Canada are then “targeted” for further examination upon their arrival.

Marine Security Operations: The CBSA works with other government of Canada partners and shares intelligence, surveillance and reconnaissance information related to the marine mode of travel in addition to facilitating organized responses to national security and other threats.

Document Integrity: The CBSA seizes fraudulent travel and identity documents to prevent further improper use of these documents. The fraudulent use of travel and identity documents is often associated with activities, which may pose a risk to national security, such as international smuggling of migrants, trafficking in persons, terrorist mobility, espionage, and the smuggling of drugs, weapons and other illicit goods.

Inland Enforcement: The CBSA conducts inland enforcement activities, which contribute directly to national security outcomes. These activities include immigration investigations, detentions, and hearings, criminal investigations and removals of inadmissible foreign nationals.

Ports of Entry: CBSA officers at ports of entry are Canada's first point of contact in the examination and questioning of travelers entering Canada. CBSA officers have the authority to examine and search travelers for suspected customs or immigration-related violations, and to seize fraudulent or invalid travel documents. In this way, the CBSA also collects intelligence that supports national security investigations [Immigration and Refugee Protection Act, s. 3].

Security Screening: The CBSA conducts the evaluation of temporary and permanent resident applicants, and refugee claimants for involvement in: espionage, subversion, and terrorism; human or international rights violations; and, organized criminality. The CBSA makes recommendations to IRCC with respect to a foreign national's admissibility to Canada on security grounds [Immigration and Refugee Protection Act, s. 34 (1), 35 & 37].

Lookout Issuance: The CBSA issues lookouts and develop intelligence products that identify a person, corporation, conveyance or shipment that may pose a threat to the health, safety, economy, environment or national security of Canada. Subjects of concern are handled appropriately once they reach the Canadian Border [Customs Act, s. 11 – 13].

Export Control: The CBSA works with various other government departments to control the export of prohibited, controlled or regulated goods from Canada to countries that may pose a threat to the national security of Canada or its allies [Customs Act, s. 19 (1)].

Canada Revenue Agency

The Canada Revenue Agency (CRA) acts as the Government of Canada's responsible authority for preventing, detecting, and responding to the exploitation of charitable resources to support terrorism. The Income Tax Act (ITA) provides the CRA with a legal framework to support the regulation of Canada's charitable sector. The Charities Registration (Security Information) Act (CRSIA) demonstrates Canada's commitment to participating in concerted international efforts to deny support to those who engage in terrorist activities, to protect the integrity of the registration system for charities under the ITA, and to maintain the confidence of Canadian taxpayers that the benefits of charitable registration are made available only to organizations that operate exclusively for charitable purposes [CRSIA, s. 2 (1)].

A specialized centre of expertise within the CRA's Charities Directorate is responsible for working to prevent the abuse of Canada's charitable sector to support terrorism. The Charities Directorate is mandated to prevent organizations with ties to terrorism from obtaining charitable registration in Canada, and to detect and address the exploitation of already registered Canadian charities to support terrorism. This is accomplished via a registration review function, monitoring and audit programs, and through education.

The Charities Directorate utilizes an intelligence-led, risk-based investigative process to identify applicants and registered charities that may pose a risk to the integrity of the charities registration system under the ITA because of ties to terrorist groups. This process may include information sharing with national security partners.

In exceptional circumstances, the CRSIA's security certificate process – Certificate Based on Intelligence – allows for the reliance on information that, if disclosed, could be injurious to national security, when determining eligibility to obtain or maintain charitable registration in Canada [CRSIA, s. 4 (1)].

In carrying out the CRA's national security mandate, the Charities Directorate protects the integrity of the charitable registration system and contributes to a whole-of-government approach to combatting terrorism.

Canadian Food Inspection Agency

The Canadian Food Inspection Agency (CFIA) plays an important role in the federal government's capacity to respond rapidly and effectively in the event of a food safety emergency or a threat to agricultural or forest biosecurity, including bioterrorism or agro‑terrorism (terrorism directed towards Canada's agricultural resource base). The CFIA is dedicated to safeguarding food, animals and plants, which enhances the health and well‑being of Canada's people, environment and economy. To this end, CFIA's surveillance, detection and inspection programs are designed to detect the presence of hazards (such as contaminants, disease or pests) in food, animals and plants and their products, and provide early warning of risks arising from the presence of these hazards, whether they are introduced accidentally or intentionally.

The CFIA does this through the administration and enforcement of a number of Acts including the Feeds Act, Fertilizers Act, Health of Animals Act, Plant Protection Act, Safe Food for Canadians Act and the Seeds Act [Canadian Food Inspection Agency Act, s. 11 (1)]. Where the Minister believes that there is a product that poses a risk to public, animal or plant health, the product can be recalled [Canadian Food Inspection Agency Act, s. 19 (1)].

In addition, the CFIA enforces the Food and Drugs Act as it relates to food and administers the provisions of the Food and Drugs Act as they relate to food, except for provisions that relate to public health, safety or nutrition [Canadian Food Inspection Agency Act, s. 11 (3)].

Canadian Nuclear Safety Commission

The Canadian Nuclear Safety Commission (CNSC) has the mandate to regulate nuclear activities, in order to protect the health, safety and security of Canadians and the environment, and to implement Canada's international commitments on the peaceful use of nuclear energy under the authority of the Nuclear Safety and Control Act (NSCA).

The CNSC is mandated to prevent the unreasonable risk to national security associated with the development, production and use of nuclear energy, and production, possession and use of nuclear substances, prescribed equipment and prescribed information [NSCA, s. 3 (a)].

The CNSC is responsible for the implementation of Canada's international obligations related to respecting the control of the development, production and use of nuclear energy, including the non-proliferation of nuclear weapons and nuclear explosive devices [NSCA, s. 3 (b)].

The objects of the CNSC include the regulation of the development, production and use of nuclear energy and the production, possession and use of nuclear substances, prescribed equipment and prescribed information in order to prevent unreasonable risk to national security associated with that development, production, possession or use [NSCA, s. 9].

The CNSC regulates the nuclear industry in order to protect Canadians against sabotage, terrorism, interference with critical infrastructure and cybersecurity, activities that undermine the security of Canada, as well as measures to control the non-proliferation of nuclear weapons and nuclear explosive devices. The CNSC is provided with various powers to regulate national security in relation to the nuclear industry.

Responsibilities

Licensing: The CNSC has the authority to issue licences for nuclear related activities, by which the CNSC imposes those measures it considers necessary to the maintenance of national security and measures required to implement international obligations to which Canada has agreed [NSCA, s. 24 (4)].

The Nuclear Safety and Control Act (NSCA) prohibits the import and export of a nuclear substance, prescribed equipment or prescribed information without a licence issued under the NSCA, subject to applicable regulations [s. 26 (a)]. Regulations, such as the General Nuclear Safety and Control Regulations and the Nuclear Non-Proliferation Import and Export Control Regulations establish requirements on applicants. Implementation of export and import controls under the CNSC's responsibility responds directly to risks of proliferation of nuclear weapons and nuclear explosive devices.

Inspection: The CNSC, through inspectors, can order a licensee to take any measure the inspector considers necessary to maintain national security or compliance with international obligations to which Canada has agreed [NSCA, s. 35 (1)].

Regulation-Making: The CNSC has the responsibility to regulate the nuclear industry within Canada. This is to be considered for all nuclear-related activities and at all stages of a nuclear facility's lifecycle [NSCA, s. 44 (1)].

The CNSC has the statutory power to make regulations to ensure the maintenance of national security and compliance with Canada's international obligations in the development, production and use of nuclear energy and the production, use, possession, packaging, transport, storage and disposal of nuclear substances, prescribed equipment and prescribed information [s. 44 (1) (m)].

Exceptional Powers: The CNSC has the power, in case of emergency, to make an order that it considers necessary to maintain national security and compliance with Canada's international obligations [NSCA, s. 47 (1)].

Canadian Security Intelligence Service

The Canadian Security Intelligence Service's (CSIS) core mandate is to investigate activities that may on reasonable grounds be suspected of constituting threats against Canada. Threats to the security of Canada are defined and encompass terrorism (or more precisely “acts of serious violence… for the purpose of achieving a political, religious or ideological objective”), espionage and sabotage, foreign-influenced activities that are clandestine, deceptive, or threaten a person, as well as domestic subversion aimed at the overthrow by violence of the constitutional order of government. Lawful advocacy, protest and dissent are excluded, unless carried out in conjunction with any of the activities referred to above [Canadian Security Intelligence Service Act, s. 2].

To this end, CSIS collects, analyzes and retains intelligence to the extent that it is strictly necessary to do so, and reports to and advises the Government of Canada (GC). The Service may perform its duties within or outside Canada [Canadian Security Intelligence Service Act, s.12]. CSIS may take measures to reduce threats if there are reasonable grounds to believe the activity constitutes a threat to the security of Canada [Canadian Security Intelligence Service Act, s. 12.1].

CSIS may provide security assessments to GC departments [Canadian Security Intelligence Service Act, s.13]. With the approval of the Minister, CSIS may also enter into an arrangement to provide security assessments to the government of a province or a department thereof, or any police force in a province. Security assessments are defined in the CSIS Act as an “appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual.” For example, an assessment of loyalty under section 13 would include consideration of whether an individual is or may engage in activities that undermine the security of Canada, such as interfering with GC capabilities in relation to intelligence, defense, border, operations, diplomatic or consular relations, economic or financial stability, etc.

The provision of assessments supports the detection, investigation, analysis and prevention of activities that undermine the sovereignty and security of Canada, as well as the security of the people of Canada. In support of this mandate, CSIS administers the Government Security Screening Program (as described below). CSIS may provide any minister of the Crown with information relating to security matters or criminal activities, that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act. In support of this mandate, CSIS administers the Immigration Security Screening Program (as described below).

The objective is to support programs aimed at preventing non-Canadians (e.g., temporary resident applicants, prospective permanent residents or prospective citizens) who pose a threat to the security of Canada from entering or receiving status in Canada. CSIS security advice is provided to the Canada Border Services Agency (CBSA) and Immigration, Refugees and Citizenship Canada (IRCC) [Canadian Security Intelligence Service Act, s. 14], and in turn, these partners make the decision regarding a person's admissibility into Canada. CSIS may conduct investigations for the purpose of providing security assessments pursuant to section 13 and providing advice pursuant to section 14 [Canadian Security Intelligence Service Act, s. 15].

Responsibilities

Intelligence Program: The Intelligence Program is one of CSIS' key business lines.

Security Screening Program: The Security Screening program is one of the main responsibilities of CSIS and among its most visible functions. The Security Screening program has two key sub-programs: Government Security Screening and Immigration Security Screening.

Review of Foreign Investments: CSIS also supports the review of investments by non- Canadians in Canada under the Investment Canada Act National Security Review, as a prescribed investigative body [s. 7].

Communications Security Establishment

The Communications Security Establishment (CSE) is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance [Communications Security Establishment Act, s. 15(1)].

CSE's mandate has five aspects: foreign intelligence, cybersecurity and information assurance, defensive cyber operations, active cyber operations and technical and operational assistance [Communications Security Establishment Act, s. 15(2)].

Foreign Intelligence

Under the Foreign Intelligence aspect of its mandate, CSE acquires information from or through the global information infrastructure (GII) and analyses, uses, and disseminates the information for the purpose of providing foreign intelligence, in accordance with the government of Canada's intelligence priorities [Communications Security Establishment Act, s. 16].

CSE's foreign signals intelligence operations are clearly and carefully targeted, by law, at the activities of foreign individuals, states, and organizations or terrorist groups that have implications for Canada's international affairs, defence or security.

The CSE Act includes the following constraints on CSE's foreign intelligence mandate:

Cybersecurity and Information Assurance

Under the Cybersecurity and Information Assurance aspect of its mandate, CSE:

Provides advice, guidance, and services to help ensure the protection of:

Acquires information from the GII and other sources in order to provide such advice, guidance, and services [Communications Security Establishment Act, s. 17].

The CSE Act implements the following constraints on CSE's cyber security and information assurance mandate:

CSE also carries out activities on information infrastructures to identify or isolate malicious software, prevent malicious software from harming those information infrastructures or mitigate any harm that malicious software causes to them, and analyse information in order to be able to provide advice on the integrity of supply chains and on the trustworthiness of telecommunications, equipment and services [Communications Security Establishment Act, s. 23(3)].

Assistance to Federal Security & Intelligence Partners

Under the Assistance to Federal Security & Intelligence Partners aspect of its mandate, CSE provides technical and operation assistance to federal law enforcement and security agencies, the Canadian Armed Forces, and the Department of National Defence in their performance of their lawful duties [Communications Security Establishment Act, s. 20].

During the pre-defined period specific to each case where CSE operates under the Assistance mandate, CSE has the same authority to carry out an activity as the agency requesting the assistance. CSE is also to be subject to any restrictions or conditions placed on the agency requesting that assistance, such as a warrant or applicable law.

CSE has strict internal monitoring of assistance mandate activities for legal and policy compliance. CSE has rigorous internal monitoring of all mandated activities for legal and policy compliance.

Foreign Cyber Operations

Under the defensive cyber operation of its mandate, CSE takes action on or through the GII to help protect:

Under the active cyber operation aspect of its mandate, CSE carries out activities on or through the GII to degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to Canada's defence, security or international affairs [Communications Security Establishment Act, s. 19].

CSE is prohibited from directing defensive and active cyber operations activities at Canadians, any person in Canada, or the GII in Canada. The CSE Act requires that these activities be reasonable and proportional, and prohibits CSE from causing death or bodily harm, or willfully attempting to obstruct, pervert or defeat the course of justice or democracy.

Investment Canada Act

CSE analyses information for the purpose of providing advice with regard to investments injurious to National Security [Communications Security Establishment Act, s. 23(2)].

Other Activities

Additionally, CSE carries out the following activities in furtherance of its mandate:

Department of Immigration, Refugees and Citizenship Canada (Department of Citizenship and Immigration)

The Department of Citizenship and Immigration Canada, hereafter referred to as Immigration, Refugees and Citizenship Canada (IRCC), is responsible for all matters over which Parliament has jurisdiction relating to citizenship and immigration, and that are not by law assigned to any other department, board or agency of the Government of Canada [Department of Citizenship and Immigration Act, s. 4].

IRCC's responsibilities include facilitating the arrival and integration of migrants into Canada, protecting the health, safety and security of Canadians, and determining the admissibility of individuals to Canada, as well as managing the citizenship program. The Minister of IRCC is responsible for issuance of Canadian passports and travel documents.

These mandates and responsibilities place IRCC as a critical link in the Government of Canada's national security regime. IRCC's support for national security priorities focuses on ensuring the integrity of the citizenship, immigration, refugee and passport processes and programs.

IRCC works closely with its security and enforcement partners to proactively identify applicants who are inadmissible to Canada due to security concerns, to prohibit the acquisition of citizenship status by those who engage in activities deemed to undermine Canada's national security, and to implement cancellation, refusal and revocation decisions rendered by the Minister of Public Safety and Emergency Preparedness on the passports of persons posing a threat to national security.

Responsibilities

Passport Services: IRCC conducts entitlement reviews and may launch an administrative investigation to collect further information to determine a subject's eligibility to passport services [Canadian Passport Order, s. 9 – 11.4].

The Minister of Public Safety and Emergency Preparedness has the authority to cancel, refuse (including authority to refuse passport services for up to 10 years) or revoke the passport of individuals of concern to national security and communicate these decisions to IRCC to take the required action.

Immigration and Inadmissibility: In collaboration with its security and enforcement partners, IRCC ensures that individuals who are determined to be inadmissible for criminality, organized criminality, human or international rights violations, security, misrepresentation and other grounds defined in Part 1, Division 4 of the Immigration and Refugee Protection Act (IRPA)

are not permitted to enter or remain in Canada [IRPA, s. 34 – 42].

IRCC processes pre-removal risk assessment applications, which may include those submitted by persons who are inadmissible on grounds of security, violating human or international rights, organized criminality or serious criminality. In some cases, this involves an assessment of whether the applicant is a danger to the public in Canada or a danger to the security of Canada [IRPA, s. 77 (1) & 112 (1)].

IRCC conducts assessments and issues ministerial opinions on whether protected persons who have been found to be inadmissible for security reasons, human rights violations, serious criminality, or organized crime represent a danger to the public in Canada or danger to the security of Canada [IRPA, s. 115 (1) & (2)].

Revocations of Citizenship: IRCC is responsible for conducting revocations of citizenship. More specifically, the Citizenship Act provides that a person's citizenship, or renunciation of citizenship, may be revoked if the person obtains, retains, renounces, or resumes citizenship

by false representation, fraud or knowingly concealing material circumstances.

Examples of fraud or misrepresentation can include, but are not limited to, the use of a false identity, failure to disclose criminal convictions prior to obtaining citizenship, and by making false statements to obtain citizenship [Citizenship Act, s. 10 & 10.1].

IRCC may make a report to the National Security and Intelligence Review Agency (NSIRA) for individuals who should not be granted citizenship, administered the oath of citizenship or be issued a certificate of renunciation for reasons that they have engaged, are engaged, or will engage in activities that constitute a threat to the security of Canada [Citizenship Act, s. 19].

Department of Finance

The Financial Administration Act establishes the Department of Finance and sets out the role of the Minister of Finance. The Minister of Finance is responsible for the supervision, control and direction of all matters relating to the financial affairs of Canada not by law assigned to the Treasury Board or to any other minister [Financial Administration Act, s. 14 & 15].

Responsibilities

Money Laundering and Terrorist Financing: The Department of Finance is responsible for Canada's anti-money laundering and anti-terrorist financing (AML/ATF) regime and develops anti-money laundering and anti-terrorist financing policy, including with respect to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its regulations. This includes the assessment of information and intelligence about threat actors, both domestic and foreign, and how these actors exploit vulnerabilities to launder money and finance terrorism [PCMLTFA, Part 1.1].

Financial Sector Stability and Cyber Security: The Department of Finance has oversight responsibility for the stability of the financial sector, including threats to financial stability deriving from operational risks, such as physical and cyber security threats. Finance's policy and operational responsibilities related to the prudential regulation of the financial sector help to ensure that the security and integrity of Canada's financial sector is maintained, in order to avoid activities and occurrences that could otherwise destabilize Canada's economy or key members of the financial sector. Finance works to ensure that cyber and security threats are mitigated and that the financial sector is well protected against risks and vulnerabilities.

Financial Institution Transactions Approvals: The Minister of Finance has authorities to approve material changes to a financial institution's lifecycle, such as incorporations or changes in ownership. When considering whether to grant, deny, revoke, or amend an approval, the Minister may take into account a broad set of factors, including national security considerations. Authorities are set out in statutes that accord to the type of financial institution, i.e., for banks (Bank Act), trust and loan companies (Trust and Loan Companies Act) or insurance companies (Insurance Companies Act).

Stability of the Global Economic and Financial System: The Minister of Finance is mandated with responding to economic risks to Canada from global or regional economic instability, representing Canada at the Group of Seven (G7) and Group of 20 (G20) Finance Ministers' process and is legislated to oversee Canada's participation in the International Monetary Fund, World Bank, and European Bank for Reconstruction and Development.

The Department also has core responsibility for Canada's engagement with the Organisation for Economic Co-operation and Development, World Trade Organization, and regional development banks, such as the Asian Development Bank, African Development Bank, Caribbean Development Bank, and Inter-American Development Bank. All of these institutions and groups are tasked with taking actions that can impact global or regional economic and financial stability, with potential spillovers to stability in Canada.

Global Affairs Canada (Department of Foreign Affairs)

The Department of Foreign Affairs, Trade and Development (styled as Global Affairs Canada) manages Canada's diplomatic and consular relations with foreign governments and international organizations, engaging and influencing international players to advance Canada's political, economic and development interests and the values of freedom, democracy, human rights and the rule of law [Department of Foreign Affairs, Trade and Development Act, s. 10].

Responsibilities

Membership in International Defence and Security Organizations: Global Affairs Canada manages the country's membership in organizations such as the United Nations, the North Atlantic Treaty Organization, the North American Aerospace Defence Command, the Organization of American States, the Group of Seven (G7), the Conference on Disarmament, and the Organization for Security and Cooperation in Europe. These organizations deal with traditional threats to security as well as terrorism, defending our democracy from threats from foreign state and non-state actors, and threats to cybersecurity and space security.

Security-Focused Diplomatic Reporting: Under the Global Security Reporting Program, Global Affairs Canada generates focused diplomatic reporting on security and stability issues in countries of strategic interest to Canada.

Security-Related Incidents Outside of Canada: Global Affairs Canada leads Canada's response to national security-related hostage-takings abroad through a coordinated effort drawing on the special skills of the federal national security community. Global Affairs Canada missions and diplomats also play an important role when Canadian citizens are imprisoned or accused of terrorist activity abroad. Global Affairs Canada also coordinates Canadian responses to crises and natural disasters abroad, which may involve national security interests.

International Security Programming: Global Affairs Canada supports policies and delivers programs that strengthen the capacity of international partners to support stabilization, anti- crime, counter-terrorism, and reduction of weapons and materials of mass destruction.

Maintenance of an International Network of Missions: This network serves as a platform for Global Affairs Canada, and other institutions that benefit from the department's resources abroad, to fulfill its mandate. Management of the platform includes assessment of threats to the security of missions abroad; provision of appropriate protection; and, management of any residual risks to life and property, including diplomatic personnel and assets abroad.

Multilateral Counter-Proliferation: These efforts relate to preventing the transit of weapons of mass destruction (WMD) and related materials among states and non-state actors of proliferation concern. These efforts include the Proliferation Security Initiative focused on the interdiction of WMD proliferation and United Nations Security Council Resolution (UNSCR) 1540, aimed at preventing the terrorist acquisition of WMD and related materials. Each of these initiatives call on States to take steps to enhance national legal authority to strengthen key counter-proliferation measures, including the rapid exchange of relevant information concerning suspected proliferation activity.

Listing of Terrorist Entities: Global Affairs Canada plays a key role in the listing of terrorist entities under the Regulations Implementing the United Nations Resolutions on the Taliban, ISIL (Da'esh) and Al-Qaida.

Administration of the United Nations Act: This Act establishes the authority for the implementation of United Nations Security Council resolutions under article 41 of the United Nations Charter.

Management of the Chemical Weapons Convention Implementation Act: Global Affairs Canada gathers information relevant to the production, processing, consumption, import and export of certain chemicals and related facilities in its management of the Chemical Weapons Convention Implementation Act.

Administration of the Export and Import Permits Act, the Special Economic Measures Act, and the Remote Sensing Space Systems Act: Global Affairs Canada administers the Export and Import Permits Act, the Special Economic Measures Act, and the Remote Sensing Space Systems Act, each of which regulates the export or import of goods, services or technology, in part to protect the national security of Canada and its allies.

Authority Delegated by the Canadian Security Intelligence Service (CSIS) Act: The Minister of Foreign Affairs plays a formal role under the CSIS Act:

Department of Health

Health Canada (HC) is responsible for all matters over which Parliament has jurisdiction relating to the promotion and preservation of the health of the people of Canada not by law assigned to any other department, board or agency of the Government of Canada [Department of Health Act, s. 4 (1)].

HC's powers, duties and functions relating to health include the promotion and preservation of the physical, mental and social well-being of the people of Canada and the protection of the people of Canada against risks to health and the spreading of diseases [Department of Health Act, s. 4 (2)].

Responsibilities

Health-Related Emergencies: HC is responsible to identify the risks that are within or related to its area of responsibility, and to prepare emergency management plans in respect of those risks; maintain, test and implement those plans; and conduct exercises and training in relation to those plans [Emergency Management Act, s. 6 (1)].

Nuclear Emergencies: Through the Federal Nuclear Emergency Plan, HC is responsible for the planning and implementation of emergency measures to protect the safety and security of Canadians in the event of a nuclear emergency (outside of the site boundary of a nuclear facility).

Counter-Terrorism: HC provides radiological surveillance support to the Royal Canadian Mounted Police's (RCMP) chemical, biological, radiological and nuclear (CBRN) National Team during major public events and coordinates the federal response to a major emergency involving radiological or nuclear materials under the Federal Terrorism Response Plan and Federal Nuclear Emergency Plan.

Nuclear Non-Proliferation: To fulfil Canada's obligations under the Comprehensive Nuclear Test Ban Treaty, including verification activities, HC operates and maintains facilities and laboratories to perform analyses of samples and data from radionuclide monitoring stations.

Department of National Defence / Canadian Armed Forces

The Crown Prerogative, in relation to National Defence, is the primary enabling authority under which the Department of National Defence and the Canadian Armed Forces (DND/CAF) conducts its operations and activities. In the area of National Defence activities, the Crown Prerogative is regularly exercised through a variety of mechanisms, including the promulgation of Orders-in-Council relating to defence activities within Canada and abroad, the issuance of Cabinet direction to the CAF through the Minister of National Defence and the Chief of Defence Staff, and the development of agreements and arrangements with foreign and domestic partners.

The National Defence Act (NDA) is the enabling legislation for the DND/CAF, but it does not set out a specific national security mandate for the DND and CAF. That being said, the NDA provides statutory authority for the CAF to:

The responsibilities of the DND/CAF are primarily assigned through an exercise of the Crown prerogative. However, Canadas' Defence Policy, Strong, Secure, Engaged, provides Government direction to the DND/CAF on its missions, responsibilities and the expected concurrency of operations. At any given time, the Government of Canada can exercise the Crown Prerogative to call upon the CAF to undertake these missions, which include:

Department of Public Safety and Emergency Preparedness

Public Safety (PS) is responsible for all matters that have not been assigned by law to another department, board, or agency of the Government of Canada relating to public safety and emergency management, as specified under its enabling Act, the Department of Public Safety and Emergency Preparedness Act (DPSEPA) [s. 4 (1)].

PS is responsible for exercising leadership, at the national level, for all matters relating to public safety and emergency preparedness [DPSEPA, s. 4 (2)].

PS coordinates the activities of the entities for which the Minister is responsible, including the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Service (CSIS) and the Canada Border Services Agency (CBSA). PS also establishes strategic priorities for activities relating to public safety and emergency preparedness [DPSEPA, s. 5].

PS plays a leadership role in facilitating the sharing of information, where authorized, to promote public safety objectives. PS coordinates, initiates, implements, and promotes policies, programs, activities, and projects related to national security, public safety, and emergency preparedness [DPSEPA, s. 6 (1)].

Responsibilities

Counter-Proliferation: PS promotes a coordinated approach across government on counter-proliferation policy aimed at preventing state and non-state actors from engaging in proliferation activities through the detection, denial, and rapid response to activities relating to proliferation both in Canada and abroad.

Counter-Radicalization: Within PS, the Canada Centre for Community Engagement and Prevention of Violence works alongside government, non-government, and community-based partners to provide a leadership role on Canada's efforts to prevent radicalization to violence.

Counter-Terrorism: Through the Federal Terrorism Response Plan, PS is responsible for coordinating responses to domestic terrorist incidents by:

Critical Infrastructure: Through the National Strategy and Action Plan for Critical Infrastructure, PS (in collaboration with multiple federal-provincial-territorial and private sector partners) works to enhance the resiliency of Canada's vital assets and systems, such as our food supply, electricity grids, transportation, communications, and public safety systems.

Cyber Security: Through the National Cyber Security Strategy (NCSS), PS works to protect citizens, businesses, and government partners from cyber threats that continue to evolve in a world with ever-changing technological capabilities. PS coordinates the implementation of the NCSS, promotes collaboration and innovation in cyber security amongst local and foreign governments with the private sector, academia, and other partners for the achievement of a secure and prosperous Canada in the digital age.

Hostage-Taking: PS supports Global Affairs Canada in the management of hostage-taking cases of Canadians abroad, including in initiation, coordination, and implementation of policies. PS is also engaged on plans or proposals that are developed as they relate to partner agencies within the Public Safety portfolio.

Hostile State Activity: PS leads on horizontal policy and coordination to counter hostile state activity, and supports specific initiatives led by other government departments in this respect. PS engages with domestic and international partners, including as a supporting partner to Global Affairs Canada, the leader of the G7 Rapid Response Mechanism.

Migrant Smuggling: PS is engaged in developing and implementing policies, programs, and legislative initiatives related to migrant smuggling with a national security nexus. PS is also engaged in whole-of-government operational responses under Canada's Migrant Smuggling Prevention Strategy.

Emergency Management: Housed at PS, the Government Operations Centre (GOC) leads and supports an all-hazards integrated federal emergency response to events (potential or actual, natural or human-induced, accidental or intentional) of national interest.

The GOC provides 24/7 monitoring and reporting, national-level situational awareness, prepares and distributes warning products and integrated risk assessments, as well as national‑level planning and whole-of-government response management. During periods of heightened response, the GOC is augmented by staff from other government departments and agencies and non-governmental organizations who work in the GOC physically and connect to it virtually [Emergency Management Act, s. 3, 4 (1) & 6 (1)].

Passport Issues: PS provides advice in certain circumstances when:

Review of Foreign Investments: PS leads and coordinates the review process to identify any national security concerns posed by investments by non-Canadians in Canada. The provisions within the Investment Canada Act provide a robust framework for reviewing foreign investments for various reasons, such as to protect defense capabilities, safeguard against the transfer of sensitive technologies, and ensure no potential involvement related to organized crime [Investment Canada Act, PART IV.1].

CSIS Arrangements: The Director of CSIS is accountable to the Minister of Public Safety and Emergency Preparedness. As such, the Service, with the approval of the Minister, may:

Listing of Terrorist Entities: PS is responsible for making recommendations on the listing of individuals and groups that meet the legal threshold to be designated as terrorist entities under the Criminal Code [s. 83.05].

Security Certificates: PS, in partnership with Immigration, Refugees and Citizenship Canada, is responsible for authorizing the issuance of a security certificate, an immigration proceeding for the purpose of removing from Canada non-Canadians who are inadmissible for reasons of national security, violating human or international rights, or involvement in organized or serious crimes [Immigration and Refugee Protection Act, s. 77 (1)].

Passenger Protect Program: PS, in partnership with Transport Canada, administers the Passenger Protect Program, which screens commercial flights to, from, and within Canada in an attempt to prevent transportation security threats (injurious activity aboard flights) and to prevent individuals from attempting to travel abroad to commit certain terrorism offences, such as terrorist attacks, funding for weapons, training, and recruitment [Secure Air Travel Act, s. 8(1)].

PS oversees the administrative recourse function of the Passenger Protect Program, which allows a listed person who has been denied transportation as a result of a direction made under section 9 of the SATA to apply to the Minister to have their name removed from the list [Secure Air Travel Act, s. 15 (1)].

Charities Certificates: PS, in conjunction with the CRA, may authorize the issuance of a certificate that aims to prevent the abuse of Canada's charitable sector by those seeking to directly or indirectly allocate resources to an entity that is a listed entity under s. 83.01 (1) of the Criminal Code. These entities may include, but are not limited to, those that support or engage in activities related to terrorism [Charities Registration Security Information Act, s. 4 (1)].

Department of Transport

Transport Canada (TC) supports Canada's national security and intelligence community in fulfilling its broader departmental mandate to ensure a safe, secure, and efficient transportation system. Much of TC's security mandate involves preventing and mitigating risks associated with unlawful interference in the Canadian transportation system.

In the event that a national security threat or incident affecting the transportation system (all modes) should occur, TC is responsible for supporting core departments and agencies in their responses to activities that undermine the security of Canada, and for working with industry to implement appropriate transportation security measures.

The Federal Terrorism Response Plan enumerates TC's core responsibilities as they pertain to counter-terrorism:

The Minister of Transport's areas of responsibility with respect to security are defined across a suite of lawful authorities that are typically specific to each mode of transportation – aviation, marine, rail/surface – or the transportation of dangerous goods.

Relevant Lawful Authorities (Please contact department for further clarification):

Aviation Aeronautics Act, Canadian Aviation Security Regulations, 2012 and aviation security measures enacted pursuant to s. 4.72 of the Aeronautics Act; Canadian Air Transport Security Authority Act; Preclearance Act, 2016; Secure Air Travel Act and Secure Air Travel Regulations.

Marine Marine Transportation Security Act and Marine Transportation Security Regulations; Canada Marine Act.

Rail / Surface Railway Safety Act; International Bridges and Tunnels Act; Transportation of Dangerous Goods by Rail Security Regulations.

Multi-Modal Railway Safety Act; International Bridges and Tunnels Act; Transportation of Dangerous Goods by Rail Security Regulations.

Financial Transactions and Reports Analysis Centre of Canada

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) facilitates the detection, prevention and deterrence of money laundering and the financing of terrorist activities, while ensuring the protection of personal information under its control FINTRAC fulfills this mandate by:

In fulfilling its mandate under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), FINTRAC must make a disclosure of designated information to the appropriate police service when it has reasonable grounds to suspect that the information to be disclosed would be relevant to the investigation or prosecution of a money laundering or terrorist activity financing offence. This same information relevant to a terrorist activity financing offence must be disclosed to the Canada Revenue Agency (CRA), Canada Border Services Agency (CBSA), Communications Security Establishment (CSE), and an agency or body that administers the securities legislation of a province, when a secondary threshold relevant to each agency is also met [PCMLTFA, s. 55 (3)].

FINTRAC must make a disclosure of designated information to the Canadian Security Intelligence Service (CSIS) when it has reasonable grounds to suspect that the information to be disclosed would be relevant to threats to the security of Canada. When a separate threshold with respect to each agency is met, FINTRAC must disclose the same information to the appropriate police service, the Canada Border Services Agency (CBSA) or the Department of National Defence (DND) [PCMLTFA, s. 55.1 (1)].

FINTRAC works with foreign financial intelligence units to protect Canadians and the integrity of Canada's financial system. Through bilateral agreements, the Centre is able to disclose financial intelligence to financial intelligence units worldwide when it has reasonable grounds to suspect that its intelligence would be relevant to the investigation or prosecution of a money laundering or a terrorist activity financing offence, or an offence that is substantially similar to either offence [PCMLTFA, s. 56 (1), 56 (2), 56 (3) & 56.1].

FINTRAC may conduct research into trends and developments in the area of the financing of terrorist activities and of improved ways of detecting, preventing and deterring the financing of terrorist activities. Furthermore, FINTRAC may inform the public and authorities engaged in the investigation and prosecution of money laundering and terrorist activity financing offences, and others, with respect to the nature and extent of the financing of terrorist activities inside and outside Canada, and measures to detect, prevent and deter the financing of terrorist activities inside and outside Canada, as well as the effectiveness of those measures [PCMLTFA, s. 58 (1)].

In its strategic intelligence products, FINTRAC cannot disclose any information that would, directly or indirectly, identify an individual who provided a report or information to FINTRAC, or a person or entity about whom a report or information was provided [PCMLTFA, s. 58 (2)].

Public Health Agency of Canada

PHAC's national security activities include: surveillance for diseases and events resulting from the use of chemical, biological, radiological, nuclear and explosives (CBRNE) agents; coordination of public health response through activation of the Health Portfolio Emergency Operations Centre; maintenance of the National Emergency Stockpile System, which contains medical countermeasures against CBRNE agents and disaster medical supplies for use in mass casualty events; maintenance of Health Emergency Response Teams to provide surge capacity to provinces and territories; development of training and exercises to help prepare first responders and the health sector to respond to terrorism events involving the use of CBRNE agents; regulating the importation and use of dangerous pathogens to prevent their importation and use by terrorists; and international collaboration with public health partners on issues related to health security.

Royal Canadian Mounted Police

The Royal Canadian Mounted Police's (RCMP) mandate includes:

The RCMP's national security-related mandates and responsibilities range from national security criminal investigations, including those related to terrorism and foreign actor interference, to critical incident management and protective policing. They are the primary responsibility of the Federal Policing business line, with support from Specialized Policing Services.

Responsibilities

Federal Policing: Under the authority of the RCMP Act and the RCMP Regulations, Federal Policing enforces federal laws and protects Canada's institutions, national security and Canadian and foreign dignitaries by:

The Federal Policing Program preserves public safety and the integrity of Canada's political and economic systems by investigating serious and organized crime, financial crime, cybercrime, and other criminal activity that may pose a threat to the security of Canada such as terrorism, foreign actor interference, espionage and proliferation.

Specialized Policing Services: Specialized Policing Services includes Technical Services and Operational Support (Technical Operations), which provides direct specialized investigative and operational services to frontline police officers. The specialized investigative units also provide advice to RCMP senior management and other government agencies in the areas of corporate, information and government security. Technical Operations encompasses a variety of special investigative services and provides state-of-the-art technological tools for the RCMP and other law enforcement agencies to assist in investigations. This includes the lawfully authorized interception of communications, covert entry and surveillance, seizure and analysis of digital devices.

Terrorism-Related Investigations: The Criminal Code defines most criminal offences, including terrorism, with the Anti-Terrorism Act, 2001. The Code includes definitions and offences for terrorism:

Many tools used by foreign actors are otherwise illegal, and can be investigated by law enforcement. For example, regardless of who is doing it and why, mischief concerning computer data (i.e. hacking), bribery and harassment are within the mandate of Canadian police to investigate if the offence occurred in Canada.

Protecting Sensitive Information: The Security of Information Act (SOIA) permanently (for life) binds current and/or former employees and non-employees who are or have been privy to Special Operational Information (operationally sensitive government information) that the Government of Canada is taking measures to safeguard. The SOIA provides a legal framework for the RCMP to investigate cases of state-sponsored espionage related to any Government of Canada department, agency or body, the mishandling of special operational information, investigations related to persons bound to secrecy, and offences for communication of safeguarded information. The SOIA also addresses the use of trade secrets for the benefit of foreign economic entities, as well as conspiracy, and foreign-influenced or terrorist influenced threats of violence.

Law Enforcement vis-à-vis Threats to the Security of Canada: The RCMP is the primary law enforcement body in relation to alleged offences arising out of conduct constituting a threat to the security of Canada within the meaning of the Canadian Security Intelligence Service Act, including offences related to terrorism, foreign actor interference and espionage, as well as for offences against internationally protected persons, such as foreign ambassadors accredited to Canada [Security Offences Act, s. 6 (1)].

Review of Foreign Investments: Pursuant to the Investment Canada Act (ICA), the RCMP is a Prescribed Investigative Body under s. 7 of the National Security Review of Investments Regulations, and is mandated to participate in the review of foreign investments to determine if there is any possible injury to Canada. The Ministers of Innovation, Science and Economic Development Canada may communicate or disclose “privileged information” to the RCMP if the communication or disclosure is for the purposes of the administration or enforcement of Part IV.1 of the ICA and that body's lawful investigations. The information may also be communicated or disclosed by that body for the purposes of those investigations.

Appendix G - Heads of the designated recipient institutions and/or person(s) designated by them

Every Government of Canada institution has its own standards and procedures for receiving information. For your reference, below is a list of the heads of the designated recipient institutions under the SCIDA and the persons designated by them to receive information.

To disclose information under the SCIDA, it is strongly recommended that you contact the designated recipient institutions in advance to confirm you have the most appropriate point of contact.

Canada Border Services Agency

Head:

Person Designated by the Head:

For federal institutions wishing to disclose information to the Canada Border Services Agency (CBSA), and where those institutions do not already have an established national security point of contact within the CBSA, these institutions may contact the ITOC.

This mailbox can transmit communication up to Protected B, including Entrust encryption. For anything beyond Protected B, please contact the ITOC for further instructions.

Canada Revenue Agency

Head:

Person Designated by the Head:

Canadian Food Inspection Agency

Head:

Person Designated by the Head:

Canadian Nuclear Safety Commission

Head:

Person Designated by the Head:

Canadian Security Intelligence Service

Head:

Person Designated by the Head:

Communications Security Establishment

Head:

Person Designated by the Head:

The Communications Security Establishment (CSE) may not direct its foreign intelligence activities toward Canadians or persons in Canada. Please disclose foreign lead information only. Organizations with an established national security contact at CSE should continue to use those pre-established channels.

This inbox can transmit communications up to Protected B, including Entrust Encryption. Please notify us if you wish to disclose information classified higher than Protected B.

Immigration, Refugees and Citizenship Canada

Head:

Person Designated by the Head:

Finance Canada

Head:

Person Designated by the Head:

Global Affairs Canada

Head:

Person Designated by the Head:

Health Canada

Head:

Person Designated by the Head:

Department of National Defence / Canadian Armed Forces

Head:

Person Designated by the Head:

Department of Public Safety and Emergency Preparedness Canada

Head:

Person Designated by the Head:

Transport Canada

Head:

Person Designated by the Head:

Financial Transactions and Reports Analysis Centre of Canada

Head:

Person Designated by the Head:

Public Health Agency of Canada

Head:

Person Designated by the Head:

Royal Canadian Mounted Police

Head:

Person Designated by the Head:

The Commissioner of the Royal Canadian Mounted Police (RCMP) is authorized to receive disclosures under the Security of Canada Information Disclosure Act (SCIDA). The Commissioner has designated 2 designated officials to receive information under the SCIDA, namely the Assistant Commissioner of Federal Policing National Security and Protective Policing and the Director General, Federal Policing National Security. Disclosures to the RCMP must be addressed to the Commissioner or a designated official, and routed through the point of contact provided above.

Appendix H - Security of Canada Information Disclosure Act (SCIDA)

S.C. 2015, c. 20, s. 2

Assented to 2015-06-18

An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada

[Enacted by section 2 of chapter 20 of the Statutes of Canada, 2015, in force August 1, 2015, see SI/2015-64.]

Preamble

Whereas the people of Canada are entitled to live free from threats to their lives and their security;

Whereas activities that undermine the security of Canada are often carried out in a clandestine, deceptive or hostile manner, are increasingly global, complex and sophisticated, and often emerge and evolve rapidly;

Whereas there is no more fundamental role for a government than protecting its country and its people;

Whereas Canada is not to be used as a conduit for the carrying out of activities that threaten the security of another state;

Whereas protecting Canada and its people against activities that undermine the security of Canada often transcends the mandate and capability of any one Government of Canada institution;

Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;

Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy;

And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Security of Canada Information Disclosure Act.

Interpretation

Definitions

activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes

Government of Canada institutionmeans

people of Canada [Repealed, 2019, c. 13, s. 115]

Exception

(2) For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.

Purpose and Principles

Purpose

3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.

Guiding principles

4 The disclosure of information under this Act is to be guided by the following principles:

Disclosure of Information

Disclosure of information to institution listed in Schedule 3

Statement regarding accuracy and reliability

(2) An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.

Requirement to destroy or return

Exception

(2) Subsection (1) does not apply if the retention of the information is required by law.

Canadian Security Intelligence Service Act

(3) Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

Clarification

6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.

No presumption

7 The act of disclosing information under this Act does not create a presumption

Clarification

7.1 For greater certainty, for the purpose of paragraph 8(2)(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.

Non-derogation

8 Nothing in this Act limits or affects any authority to disclose information under another Act of Parliament or a provincial Act, at common law or under the royal prerogative.

Record Keeping

Obligation — disclosing institution

Obligation — recipient institution

(2) Every Government of Canada institution that receives information under this Act must prepare and keep records that set out

Copy to National Security and Intelligence Review Agency

(3) Within 30 days after the end of each calendar year, every Government of Canada institution that disclosed information under section 5 during the year and every Government of Canada institution that received such information must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) or (2), as the case may be, with respect to the information.

Powers of Governor in Council

Regulations

10 (1) The Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations for carrying out the purposes and provisions of this Act, including regulations

Amendments to Schedules 1 and 2

(2) The Governor in Council may make an order adding the name of an institution to Schedule 1 or 2 or deleting one from either of those Schedules.

Amendments to Schedule 3

(3) The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.

Schedule 1 (Section 2 and subsection 10(2))

Excluded Institutions

Schedule 2 (Section 2 and subsection 10(2))

Additional Institutions

Schedule 3(Subsections 5(1) and 10(3))

Recipient Government of Canada Institutions and Their Heads

Recipient Institution

Head

Canada Border Services Agency

President of the Canada Border Services Agency

Canada Revenue Agency

Commissioner of Revenue

Canadian Armed Forces

Chief of the Defence Staff

Canadian Food Inspection Agency

President of the Canadian Food Inspection Agency

Canadian Nuclear Safety Commission

President of the Canadian Nuclear Safety Commission

Canadian Security Intelligence Service

Director of the Canadian Security Intelligence Service

Communications Security Establishment

Chief of the Communications Security Establishment

Department of Citizenship and Immigration

Minister of Citizenship and Immigration

Department of Finance

Minister of Finance

Department of Foreign Affairs, Trade and Development

Minister of Foreign Affairs

Department of Health

Minister of Health

Department of National Defence

Minister of National Defence

Department of Public Safety and Emergency Preparedness

Minister of Public Safety and Emergency Preparedness

Department of Transport

Minister of Transport

Financial Transactions and Reports Analysis Centre of Canada

Director of the Financial Transactions and Reports Analysis Centre of Canada

Public Health Agency of Canada

President of the Public Health Agency of Canada

Royal Canadian Mounted Police

Commissioner of the Royal Canadian Mounted Police

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