Tuesday, December 3, 2024

The Standing Senate Committee on National Security, Defence and Veterans Affairs has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill C-26, An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, has, in obedience to the order of reference of October 23, 2024, examined the said bill and now reports the same with the following amendments:

1.New clause 19, page 90: Add the following after line 26:

“PART 3

2024, c. 16

Amendment to the Countering Foreign Interference Act

19 Subsections 110(3) to (9) of the Countering Foreign Interference Act are replaced by the following:

(3) If section 11 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 5 of the schedule to the Canada Evidence Act is repealed.

(4) If section 84 of this Act comes into force before section 11 of the other Act, then that section 11 is deemed never to have come into force and is repealed.

(5) If section 11 of the other Act comes into force on the same day as section 84 of this Act, then that section 11 is deemed never to have come into force and is repealed.

(6) On the first day on which section 145 of the Critical Cyber Systems Protection Act, as enacted by section 12 of the other Act, and section 84 of this Act are in force, paragraphs 145(1)(a) to (e) of the Critical Cyber Systems Protection Act are repealed.

(7) If section 13 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 6 of the schedule to the Canada Evidence Act is repealed.

(8) If section 84 of this Act comes into force before section 13 of the other Act, then that section 13 is repealed.

(9) If section 13 of the other Act comes into force on the same day as section 84 of this Act, then that section 13 is deemed never to have come into force and is repealed.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

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Observations to the Twelfth Report of the Standing Senate Committee on National Security, Defence and Veterans Affairs (Bill C-26)

Your committee heard that there are valid and pressing concerns regarding cyber security protections for health systems and data. Your committee urges the Government of Canada to take steps to work with provincial and territorial governments to address these concerns with a pan-Canadian approach. Your committee also encourages the Government of Canada to consider using its authority under section 6(1) of the proposed Critical Cyber Systems Protection Act to add the health systems within the legislative authority of Parliament to Schedule 1 of the proposed act, which consists of “Vital Services and Vital Systems.”