Security of Information Act (R.S.C., 1985, c. O-5)

AMENDMENTS NOT IN FORCE

• — 2024, c. 16, s. 49

  • 49 The long title of the Security of Information Act is replaced by the following:

    An Act respecting foreign interference and the security of information

• — 2024, c. 16, s. 50

  • 50 Section 1 of the Act and the heading before it are replaced by the following:

    Alternative Title

    • Alternative title

      1 This Act may be cited as the Foreign Interference and Security of Information Act.

• — 2024, c. 16, s. 51

  • • 51 (1) Paragraph (a) of the definition person permanently bound to secrecy in subsection 8(1) of the Act is replaced by the following:

      • (a) a current or former member or employee of a department, division, branch or office of the federal public administration, or any of its parts, set out in Schedule 1;

    • (2) Paragraph (f) of the definition special operational information in subsection 8(1) of the Act is replaced by the following:

      • (e.1) the military vulnerabilities or advantages of the Canadian Forces, including the operational or technical vulnerabilities and advantages of any ally or adversary;

      • (f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e.1), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or

    • (3) The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by deleting “or” at the end of paragraph (a.2) and by adding the following after that paragraph:

      • (a.3) a current or former officer or non-commissioned member of a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or a current or former officer or non-commissioned member who occupies or occupied a position in the Canadian Forces set out in that Schedule;

      • (a.4) a person who is or was appointed, attached, assigned or seconded to a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or to a position in the Canadian Forces set out in that Schedule; or

• — 2024, c. 16, s. 52

  • 52 Section 9 of the Act is replaced by the following:

    • Amending Schedule 1

      9 The Governor in Council may, by order, amend Schedule 1 by adding or deleting the name of any current or former department, division, branch or office of the federal public administration, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to security and intelligence matters, or by modifying any name set out in the schedule.

    • Amending Schedule 2

      9.1 The Governor in Council may, by order, amend Schedule 2 by adding, deleting or modifying

      • (a) the name of any current or former Canadian Forces unit or other element, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to matters of security and intelligence or of national defence; or

      • (b) a reference to any current or former position in the Canadian Forces, the powers, duties and functions of which are or were, in the opinion of the Governor in Council, primarily related to matters of security and intelligence or of national defence.

• — 2024, c. 16, s. 53

  • 53 Section 20 of the Act and the heading before it are replaced by the following:

    Foreign-influenced or Terrorist-influenced Intimidation, Threats or Violence

    • Intimidation, threats or violence

      • 20 (1) Every person commits an offence who, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person to do anything or to cause anything to be done.

      • Extraterritorial application

        (2) Despite subsection 26(1), a person who commits an act referred to in subsection (1) while outside Canada is deemed to have committed it in Canada if

        • (a) the victim is in Canada; or

        • (b) the victim is outside Canada and

          • (i) the person or the victim or both are

            • (A) a Canadian citizen,

            • (B) a person who is ordinarily resident in Canada,

            • (C) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

            • (D) a person who owes allegiance to His Majesty in right of Canada, or

            • (E) a person who is locally engaged and who performs their functions in a Canadian mission outside Canada, or

          • (ii) is a person described in any of clauses (i)(A) to (E), the intimidation, threat or violence is in relation to the victim’s child, relative or intimate partner, as defined in section 2 of the Criminal Code, and the child, relative or partner is in or outside Canada.

      • Punishment

        (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

      • Sentences to be served consecutively

        (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

        • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

        • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

      • Application — subsections 26(2) to (4)

        (5) If a person is deemed under this section to have committed an act referred to in subsection (1) in Canada, subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1).

      • Definition of victim

        (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done.

    • Intimidation, threats or violence outside Canada

      • 20.1 (1) Every person commits an offence who, while outside Canada, at the direction of, for the benefit of or in association with, a foreign entity or a terrorist group, induces or attempts to induce, by intimidation, threat or violence, any person outside Canada to do anything or to cause anything to be done

        • (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or

        • (b) that is reasonably likely to harm Canadian interests.

      • Application

        (2) If any of the facts referred to in paragraph 20(2)(b) apply to either the person who is alleged to have committed an act referred to in subsection (1) or the victim, the person who is alleged to have committed the act is to be prosecuted under subsection 20(1).

      • Punishment

        (3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for life.

      • Sentences to be served consecutively

        (4) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

        • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

        • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

      • Application — subsections 26(2) to (4)

        (5) Subsections 26(2) to (4) apply, with any adaptations that may be necessary, to any proceedings in respect of an offence under subsection (1).

      • Definition of victim

        (6) For greater certainty, in this section, victim means the person who the person who commits, or is alleged to have committed, the offence under subsection (1) induces or attempts to induce, or is alleged to have induced or attempted to induce, to do anything or to cause anything to be done.

    Indictable Offence Committed for a Foreign Entity

    • Committing indictable offence for foreign entity

      • 20.2 (1) Every person who commits an indictable offence under this or any other Act of Parliament at the direction of, for the benefit of or in association with, a foreign entity is guilty of an indictable offence and is liable to imprisonment for life.

      • Sentences to be served consecutively

        (2) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

        • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

        • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

    Conduct or Omission for a Foreign Entity

    • Engaging in surreptitious or deceptive conduct

      • 20.3 (1) Every person commits an indictable offence who, at the direction of, for the benefit of or in association with, a foreign entity, knowingly engages in surreptitious or deceptive conduct or omits, surreptitiously or with the intent to deceive, to do anything if the person’s conduct or omission is for a purpose prejudicial to the safety or interests of the State or the person is reckless as to whether their conduct or omission is likely to harm Canadian interests.

      • Punishment

        (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life.

      • Sentences to be served consecutively

        (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

        • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

        • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

    Political Interference for a Foreign Entity

    • Influencing political or governmental process

      • 20.4 (1) Every person commits an indictable offence who, at the direction of, or in association with, a foreign entity, engages in surreptitious or deceptive conduct with the intent to influence a political or governmental process, educational governance, the performance of a duty in relation to such a process or such governance or the exercise of a democratic right in Canada.

      • Punishment

        (2) Every person who commits an offence under subsection (1) is liable to imprisonment for life.

      • Sentences to be served consecutively

        (3) A sentence, other than one of life imprisonment, imposed on a person for an offence under subsection (1) is to be served consecutively to

        • (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

        • (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

      • Definitions

        (4) The following definitions apply in this section.

        educational governance

        educational governance means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada. (gouvernance scolaire)

        political or governmental process

        political or governmental process includes

        • (a) any proceeding of a legislative body;

        • (b) the development of a legislative proposal;

        • (c) the development or amendment of any policy or program;

        • (d) the making of a decision by a public office holder or government body, including the awarding of a contract;

        • (e) the holding of an election or referendum; and

        • (f) the nomination of a candidate or the development of an electoral platform by a political party. (processus politique ou gouvernemental)

        public office holder

        public office holder means any of the following individuals:

        • (a) any officer or employee of His Majesty in right of Canada and includes

          • (i) a member of the Senate or the House of Commons and any person on the staff of such a member,

          • (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province,

          • (iii) an officer, director or employee of any federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act,

          • (iv) a member of the Canadian Forces, and

          • (v) a member of the Royal Canadian Mounted Police;

        • (b) members of the legislature of a province or persons on the staff of such members;

        • (c) employees of the government of a province;

        • (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district;

        • (e) members of the council of a band, as defined in subsection 2(1) of the Indian Act, or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council;

        • (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution;

        • (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis. (titulaire d’une charge publique)

      • Application

        (5) This section applies to any of the following political or governmental processes in Canada:

        • (a) federal political or governmental processes;

        • (b) provincial or territorial political or governmental processes;

        • (c) municipal political or governmental processes;

        • (d) the political or governmental processes of

          • (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982, or

          • (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis.

• — 2024, c. 16, s. 54

  • • 54 (1) The portion of subsection 22(1) of the Act before paragraph (a) is replaced by the following:

      • Preparatory acts

        • 22 (1) Every person commits an offence who, for the purpose of committing an offence under this Act, other than under subsection 13(1) or 18(1), does anything that is directed towards or done in preparation of the commission of the offence, including

    • (2) Subsection 22(2) of the Act is replaced by the following:

      • Punishment

        (2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

• — 2024, c. 16, s. 55

  • 55 The schedule to the Act is numbered as Schedule 1.

• — 2024, c. 16, s. 56

  • 56 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 2 to this Act.

• — 2024, c. 16, ss. 57(2), (4)

  • • Other references — Acts

      57 (2) Unless the context requires otherwise, every reference to the “Security of Information Act” in any provision of an Act of Parliament, other than a provision referred to in subsection (1), is to be read as a reference to the “Foreign Interference and Security of Information Act”.

    • Other references — Regulations

      (4) Unless the context requires otherwise, every reference to the “Security of Information Act” in any provision of a regulation, as defined in section 2 of the Statutory Instruments Act, made under an Act of Parliament, other than a provision referred to in subsection (3), is to be read as a reference to the “Foreign Interference and Security of Information Act”.