Countering Foreign Interference Act (S.C. 2024, c. 16)
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Assented to 2024-06-20
PART 3Measures Relating to the Protection of Information (continued)
DIVISION 1R.S., c. C-5Canada Evidence Act (continued)
Amendments to the Act (continued)
85 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
86 Items 2, 4 and 21 of the schedule to the Act are repealed.
Consequential Amendments
R.S., c. A-1Access to Information Act
87 (1) Subsection 69.1(1) of the Access to Information Act is replaced by the following:
Marginal note:Certificate under Canada Evidence Act
69.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued before a complaint is filed under this Part in respect of a request for access to that information, this Part does not apply to that information.
(2) The portion of subsection 69.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Certificate following filing of complaint
(2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of information contained in a record is issued after the filing of a complaint under this Part in relation to a request for access to that information,
R.S., c. C-46Criminal Code
88 (1) Paragraphs 83.039(2)(a) to (c) of the Criminal Code are repealed.
(2) Paragraph 83.039(2)(e) of the Act is repealed.
(3) Section 83.039 of the Act is amended by adding the following after subsection (2):
Marginal note:For greater certainty
(2.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the judicial review proceedings referred to in subsection (1).
89 Paragraphs 83.05(6)(a) and (b) of the Act are repealed.
90 Section 83.06 of the Act is replaced by the following:
Marginal note:Return of information
83.06 (1) For the purposes of subsection 83.05(6), any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister of Public Safety and Emergency Preparedness shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if
(a) the judge determines that the information is not relevant;
(b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or
(c) the Minister withdraws the information.
Marginal note:For greater certainty
(2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under subsection 83.05(5).
R.S., c. H-6Canadian Human Rights Act
91 Paragraph 58(2)(c) of the Canadian Human Rights Act is replaced by the following:
(c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.13 or 38.2 to 38.41 of that Act.
R.S., c. P-21Privacy Act
92 (1) Subsection 70.1(1) of the Privacy Act is replaced by the following:
Marginal note:Certificate under Canada Evidence Act
70.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate.
(2) The portion of subsection 70.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Certificate following filing of complaint
(2) Despite any other provision of this Act, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued in respect of personal information after the filing of a complaint under this Act in relation to a request for access to that information,
(3) Subsections 70.1(3) and (4) of the Act are replaced by the following:
Marginal note:Information not to be disclosed
(3) The Privacy Commissioner and every person acting on behalf or under the direction of the Privacy Commissioner, in carrying out their functions under this Act, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act and shall take every reasonable precaution to avoid the disclosure of that information.
Marginal note:Limited power of delegation
(4) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate the investigation of any complaint respecting information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
2000, c. 5Personal Information Protection and Electronic Documents Act
93 (1) Subsection 4.1(1) of the Personal Information Protection and Electronic Documents Act is replaced by the following:
Marginal note:Certificate under Canada Evidence Act
4.1 (1) If a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Part in respect of a request for access to that information, the provisions of this Part respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate.
(2) The portion of subsection 4.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Certificate following filing of complaint
(2) Despite any other provision of this Part, if a certificate under section 38.13 or 38.41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued after the filing of a complaint under this Part in relation to a request for access to that information:
(3) Subsections 4.1(3) and (4) of the Act are replaced by the following:
Marginal note:Information not to be disclosed
(3) The Commissioner and every person acting on behalf or under the direction of the Commissioner, in carrying out their functions under this Part, shall not disclose information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act, and shall take every reasonable precaution to avoid the disclosure of that information.
Marginal note:Power to delegate
(4) The Commissioner may not delegate the investigation of any complaint relating to information subject to a certificate issued under section 38.13 or 38.41 of the Canada Evidence Act except to one of a maximum of four officers or employees of the Commissioner specifically designated by the Commissioner for the purpose of conducting that investigation.
2001, c. 41, s. 113Charities Registration (Security Information) Act
94 Section 6 of the Charities Registration (Security Information) Act is replaced by the following:
Marginal note:Judicial consideration
6 (1) The following provisions govern the determination:
(a) any information or evidence the disclosure of which would be injurious to national security shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either
(i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of a summary of the information or evidence provided to the applicant or the registered charity, or
(ii) the matter is withdrawn;
(b) the judge shall provide the applicant or registered charity with an opportunity to be heard; and
(c) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.
Marginal note:For greater certainty
(2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to the determination.
2015, c. 20, s. 11Secure Air Travel Act
95 (1) Paragraphs 16(6)(a) to (c) of the Secure Air Travel Act are repealed.
(2) Paragraph 16(6)(f) of the Act is repealed.
(3) Section 16 of the Act is amended by adding the following after subsection (6):
Marginal note:For greater certainty
(6.1) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section.
2015, c. 36, s. 42Prevention of Terrorist Travel Act
96 (1) Paragraphs 4(4)(a) to (c) of the Prevention of Terrorist Travel Act are repealed.
(2) Paragraph 4(4)(f) of the Act is repealed.
(3) Section 4 of the Act is amended by adding the following after subsection (4):
Marginal note:For greater certainty
(5) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to appeals under this section.
97 (1) Paragraphs 6(2)(a) to (c) of the Act are repealed.
(2) Paragraph 6(2)(e) of the Act is repealed.
(3) Section 6 of the Act is amended by adding the following after subsection (2):
Marginal note:For greater certainty
(3) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to judicial review proceedings referred to in subsection (1).
SOR/2001-360; SOR/2006-165, s. 1Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism
98 Paragraphs 2.2(2)(a) and (b) of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism are repealed.
99 Section 2.3 of the Regulations is replaced by the following:
2.3 (1) For the purposes of section 2.2, any information that is obtained in confidence from a government, an institution or an agency of a foreign state, from an international organization of states or from an institution or an agency of an international organization of states and that is provided to the judge by the Minister shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 2.2(2)(d), if
(a) the judge determines that the information is not relevant;
(b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or
(c) the Minister withdraws the information.
(2) For greater certainty, sections 38.2 to 38.45 of the Canada Evidence Act apply to an application made under section 2.2.
DIVISION 2R.S., c. C-46Criminal Code
100 Paragraph 487.3(2)(a) of the Criminal Code is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after that subparagraph:
(iii.1) be injurious to international relations, national defence or national security, or
DIVISION 32001, c. 27Immigration and Refugee Protection Act
101 Subsection 77(2) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Filing of evidence and summary
(2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed.
102 Subsection 79.1(1) of the Act is replaced by the following:
Marginal note:Appeal by Minister
79.1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.
103 Subsection 82.31(1) of the Act is replaced by the following:
Marginal note:Appeal by Minister
82.31 (1) Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.
104 (1) Paragraph 83(1)(c) of the Act is replaced by the following:
(c) at any time during a proceeding, the judge may, on the judge’s own motion — and shall, on each request of the Minister — hear information or other evidence in the absence of the public and of the permanent resident or foreign national and their counsel if, in the judge’s opinion, its disclosure could be injurious to international relations, national defence or national security or endanger the safety of any person;
(2) Paragraphs 83(1)(d) and (e) of the Act are replaced by the following:
(d) the judge shall ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person;
(e) throughout the proceeding, the judge shall ensure that the permanent resident or foreign national is provided with a summary of information and other evidence that enables them to be reasonably informed of the case made by the Minister in the proceeding but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed;
(3) Paragraph 83(1.2)(c) of the Act is replaced by the following:
(c) the person has knowledge of information or other evidence whose disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence.
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