National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
PART 52015, c. 20, s. 2Security of Canada Information Sharing Act (continued)
Amendments to the Act (continued)
118.1 The Act is amended by adding the following after section 7:
Marginal note: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.
119 (1) Section 9 of the Act and the heading before it are replaced by the following:
Record Keeping
Marginal note:Obligation — disclosing institution
9 (1) Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out
(a) a description of the information;
(b) the name of the individual who authorized its disclosure;
(c) the name of the recipient Government of Canada institution;
(d) the date on which it was disclosed;
(e) a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and
(f) any other information specified by the regulations.
Marginal note:Obligation — recipient institution
(2) Every Government of Canada institution that receives information under this Act must prepare and keep records that set out
(a) a description of the information;
(b) the name of the institution that disclosed it;
(c) the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;
(d) the date on which it was received by the recipient institution;
(e) whether the information has been destroyed or returned under subsection 5.1(1);
(f) if the information has been destroyed under subsection 5.1(1), the date on which it was destroyed;
(g) if the information was returned under subsection 5.1(1) to the institution that disclosed it, the date on which it was returned; and
(h) any other information specified by the regulations.
(2) Section 9 of the Act is amended by adding the following after subsection (2):
Marginal note: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.
120 (1) Paragraphs 10(1)(b) and (c) of the Act are replaced by the following:
(2) Subsection 10(3) of the Act is replaced by the following:
Marginal note: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.
Consequential Amendments
R.S., c. E-15Excise Tax Act
121 The portion of subsection 295(5.05) of the Excise Tax Act before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(5.05) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
R.S., c. F-15Department of Fisheries and Oceans Act
122 Paragraph 4(3)(a) of the Department of Fisheries and Oceans Act is replaced by the following:
(a) relates to an activity that undermines the security of Canada, as defined in subsection 2(1) of the Security of Canada Information Disclosure Act; and
R.S., c. 1 (2nd Supp.)Customs Act
123 Paragraph 107(4)(i) of the English version of the Customs Act is replaced by the following:
(i) is disclosed in accordance with the Security of Canada Information Disclosure Act.
R.S., c. 1 (5th Supp.)Income Tax Act
124 The portion of subsection 241(9) of the Income Tax Act before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(9) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
1995, c. 25Chemical Weapons Convention Implementation Act
125 Paragraph 17(3)(c) of the English version of the Chemical Weapons Convention Implementation Act is replaced by the following:
(c) in the case where the information or documents are disclosed in accordance with the Security of Canada Information Disclosure Act.
2002, c. 22Excise Act, 2001
126 The portion of subsection 211(6.5) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Marginal note:Threats to security
(6.5) An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,
PART 62015, c. 20, s. 11Secure Air Travel Act
Amendments to the Act
127 Subsection 6(2) of the Secure Air Travel Act is replaced by the following:
Marginal note:Duty to provide information to Minister
(2) An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control:
Marginal note:Deemed fulfilment of duty
(3) If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection.
Marginal note:Duty to provide information on request
(4) An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control.
Marginal note:Limitation — Minister and Minister of Transport
(5) The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person.
Marginal note:Limitation — other persons or entities
(6) Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act.
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