No. GC 004/04 For release May 6, 2004
PUBLIC SAFETY ACT RECEIVES ROYAL ASSENT
OTTAWA -- Transport Minister Tony
Valeri today announced that the Public Safety Act, 2002 received Royal
Assent on May 6, 2004. The Act is designed to improve Canada's capacity to
prevent terrorist attacks, protect citizens and respond quickly should a threat
be identified.
"The passage of the Public Safety Act, 2002 is the latest in a
series of steps taken by the Government of Canada to advance priorities tied to
the safety and security of the public," said Minister Valeri. "In addition
to enhancing the security environment for air travellers, this legislation also
enables the Government of Canada to help ports strengthen marine security by
removing legal impediments to federal contributions for port security funding."
"This legislation reflects the commitment of the Government of Canada to
enhance the safety of Canadians and close legislative gaps related to national
and transportation security. As vital as this Act is to improve our response to
security issues, it balances privacy and human rights interests with various
safeguards to increase transparency and accountability," added Deputy Prime
Minister Anne McLellan.
Key principles of the legislation include:
- Enhancing the ability of the Government of Canada to provide a
secure environment for air travel;
- Allowing for the collection of passenger information by
specified federal departments and agencies for the purpose of transportation
and national security while ensuring that the privacy rights of Canadians
are protected;
- Allowing for the issuance of interim orders in emergency
situations, while ensuring proper controls over government actions;
- Deterring hoaxes that endanger the public or heighten public
anxiety;
- Establishing tighter controls over explosives and hazardous
substances, activities related to other dangerous substances such as
pathogens, and the export and transfer of technology;
- Deterring the proliferation of biological weapons; and
- Enabling port security funding by the Government of Canada.
The Public Safety Act, 2002 was introduced in April
2002 and is part of the Government of Canada's Anti-Terrorism Plan,
which began with the Anti-Terrorism Act (Bill C-36) and was bolstered by
a $7.7 billion investment in the December 2001 federal budget. Where the Anti-Terrorism
Act focused mainly on the criminal law aspects of combating terrorism, this
legislation addresses the federal framework for public safety and protection.
The legislation complements Canada's first comprehensive statement on
national security, which Deputy Prime Minister McLellan tabled in Parliament on
April 27, 2004. Securing An Open Society: Canada's National Security Policy
sets out an integrated strategy and action plan designed to address current and
future threats.
- 30 -
Contact:
Christina Van Loon
Office of the Minister, Ottawa
(613) 991-0700
|
Public Security and Emergency Preparedness Canada
Media inquiries
(613) 993-2596
|
This news release is available at: www.psepc.gc.ca
and at www.tc.gc.ca.
Transport Canada is online at www.tc.gc.ca.
Subscribe to news releases and speeches at apps.tc.gc.ca/listserv/ and
keep up-to-date on the latest from Transport Canada.
This news release may be made available in alternative formats for persons with visual
disabilities.
BACKGROUNDER
HIGHLIGHTS OF THE PUBLIC SAFETY ACT, 2002
INTERIM ORDERS
The Act gives Ministers the authority to issue an interim order if immediate
action is required to deal with a serious threat or significant risk - direct or
indirect - to health, safety, security, or the environment.
An interim order covers matters for which regulations would normally be made
except that the immediacy of the threat requires an immediate response. The
interim orders provisions relate to the following acts within the mandate of the
Ministers of the Environment, Health and Transport:
- Aeronautics Act
- Canadian Environmental Protection Act, 1999;
- Department of Health Act;
- Food and Drugs Act;
- Hazardous Products Act;
- Navigable Waters Protection Act;
- Pest Control Products Act;
- Quarantine Act;
- Radiation Emitting Devices Act;
- Canada Shipping Act; and
- Canada Shipping Act, 2001.
Several provisions ensure a significant degree of control over the actions of
Ministers in an emergency situation and include the following:
- the period within which the Minister is
required to obtain approval from the Governor-in-Council is 14 days after
the interim order is made;
- a copy of the interim order must be tabled in
each house of Parliament within 15 days from the time it is issued,
notwithstanding whether Parliament is in session;
- the Governor-in-Council approved interim order
will be valid only for a period of up to one year;
- the interim order will be published in the Canada
Gazette within 23 days from the time it is made;
- no person can be convicted of contravening the
interim order, unless at the time of the contravention the interim order
had been published in the Canada Gazette, the person had been
notified, or reasonable steps had been taken to inform the person;
- the interim order can be repealed at any time;
and
- interim orders are referred to the Standing
Joint Committee on the Scrutiny of Regulations.
Provisions for similar interim orders currently exist in the Aeronautics
Act and the Canadian Environmental Protection Act.
DATA SHARING
Advanced Passenger Information (API) is basic information for each passenger,
such as name, gender, date of birth, citizenship and a travel document number.
Passenger Name Record (PNR) is information related to the traveller’s
reservation, such as flight number and itinerary. Air carriers will be required
to provide Transport Canada, as well as Royal Canadian Mounted Police (RCMP) and
Canadian Security Intelligence Service (CSIS) designated officials, with this
information, upon request, for transportation or national security purposes. The
information to be provided is restricted to the information set out in the
schedule to the Aeronautics Act.
This scheme is designed to increase the government’s capacity to prevent
terrorist attacks, deliver an effective Air Carrier Protective Program (RCMP
officers aboard aircraft for the safety of passengers), and respond swiftly
should a significant threat arise.
Transport Canada will have to destroy air passenger information within seven
days. The same time frame applies to RCMP and CSIS designated officials unless
they have to retain passenger information for a longer period if reasonably
required for the purposes of transportation security or the investigation of
threats to the security of Canada.
Passenger information can also be disclosed to a third party for very
restricted purposes. These purposes relate to the mandate of each department or
agency. For example, Transport Canada can only disclose information to
restricted parties for transportation security purposes, while CSIS and RCMP
designated officers can disclose this information to limited parties for
specific purposes, for example transportation security, imminent public safety
threats, outstanding warrants (as set out in regulations) and removal orders,
compliance with a subpoena or court order, and counter-terrorism investigations
by CSIS.
RCMP Access to Passenger Information
The RCMP can only access passenger information for the purpose
of transportation security. While screening passenger lists for transportation
security, if the RCMP incidentally discovers a criminal wanted for a serious
crime punishable by five years or more imprisonment and listed in regulations,
the Force can disclose that information to a peace officer if there is reason to
believe it would assist in the execution of a Canada-wide warrant. This aspect
of the scheme is necessary for public safety because the RCMP needs to take
appropriate action if it happens to find a passenger wanted for an outstanding
warrant listed in the regulations which include serious offences such as murder
or kidnapping.
Amendment to the Personal Information Protection and Electronic Documents
Act
The Public Safety Act, 2002 makes an amendment to the Personal
Information Protection and Electronic Documents Act (PIPEDA), to ensure the
effectiveness of the data-sharing regime.
Organizations subject to PIPEDA are already authorized to disclose personal
information without the person's consent for reasons of law enforcement,
national security, defence of Canada, conduct of international affairs, and
where otherwise required by law.
Under PIPEDA, the airlines are currently authorized to disclose personal
information without consent in this context.
Given our changed security environment and this new data-sharing regime, we
need to clarify that the exemption criteria for collection and use mirror those
already set out in the Act for disclosure.
For example, if CSIS receives intelligence from a foreign agency that a
suspected terrorist is expected to arrive on a flight from Europe within the
next three weeks, CSIS is authorized to share core biographical information
about the terrorist with the airlines, and to request that they notify CSIS the
moment the person buys a ticket.
This will ensure consistency with the overall intent of PIPEDA, which was
intended to protect the personal information of Canadians, while allowing law
enforcement and national security to continue their investigative and
intelligence activities.
Amendment to the Department of Citizenship and Immigration Act and
Immigration and Refugee Protection Act
Amendments to the Department of Citizenship and Immigration Act and
the Immigration and Refugee Protection Act make explicit Citizenship and
Immigration Canada's (CIC) authority to enter into agreements and arrangements
for the purposes of sharing immigration-related information with certain key
partners.
Amendments to the Immigration and Refugee Protection Act create a
regulation-making power that not only clarifies the government's authority to
share information for immigration purposes, national security, national defence
and the conduct of international relations, but also allows for the creation of
conditions that restrict CIC and the Canada Border Services Agency's (CBSA)
capacity to disclose information. This is a key element directed at protecting
privacy rights while still providing the necessary legal authority. In addition,
this Act requires that any regulations made under the new regulation-making
power shall be laid before both houses of Parliament for referral to the
appropriate Committees.
CIC and the CBSA have many key domestic and international partners with whom
they require the ability to share immigration-related information, especially
for the purposes of border security and international cooperation in the fight
against terrorism. Under the Smart Border Action Plan, the Government of Canada
is committed to sharing information with the United States. The ability to share
information is critical to sustaining our border initiatives with the U.S.,
which, in turn, are critical to Canada's economic security.
Amendment to the Aeronautics Act
The Aeronautics Act has been amended to clarify that air carriers may
only provide information to a foreign country on passengers on board an aircraft
departing from Canada, or on a Canadian aircraft departing from somewhere else,
if that flight is scheduled to land in that country.
TRANSPORTATION SAFETY AND SECURITY
The amendments made to the Aeronautics Act are designed to clarify and
update existing aviation security authorities. The amendments also strengthen
these authorities to maximize the effectiveness of Canada's aviation security
system, and enhance the Government of Canada's ability to provide a safe and
secure environment for aviation.
Previously, the authority to make regulations was worded in general terms in
the Aeronautics Act. The amendments clarify these existing authorities,
and provide examples of specific matters that can be dealt with in regulations,
including those concerning security requirements for the design or construction
of aircraft, airports and other aviation facilities. An example would be
regulations respecting the strengthening of flight deck doors or limiting the
proximity of public parking lots to passenger terminals.
Regulations may be made in respect of:
- restricted areas; for example, the Act now
allows regulations to establish restricted areas within aircraft and
airports, as well as other aviation facilities, such as air traffic
control towers located outside restricted areas. Previously, the concept
of restricted areas was applied only to areas within airports;
- screening of persons entering restricted
areas; for example, the Act now allows regulations permitting or requiring
screening of people entering restricted areas, even those people who have
security clearances and are already in possession of a restricted area
access pass; and
- security clearances; for example, the Act now
allows regulations requiring operators of crop duster aircraft to obtain
security clearances.
The Act now discourages unruly passengers (commonly referred to as "air
rage") by making it an offence to engage in any behaviour that endangers the
safety or security of a flight or persons on board, by interfering with crew
members or persons following crew members' instructions.
The Act incorporates references to the Canadian Air Transport Security
Authority (CATSA), which was established on April 1, 2002, and is responsible
for the provision and funding of several key aviation security services,
including screening, in Canada.
The two amendments made to the Canadian Air Transport Security Authority
Act:
- require CATSA to comply with emergency directions and interim orders as they relate to the delivery of screening services in Canada; and
- enable the Authority to enter into agreements with an operator of an aerodrome designated by regulations to contribute to the cost of policing at airports.
The Marine Transportation Security Act has been amended to enable
the Government of Canada to provide funding to the marine sector, including
ports, to strengthen marine security.
CRIMINAL CODE
The amendments to the Criminal Code build on the definition of "terrorist
activity" contained in the Anti-Terrorism Act, and separately
criminalize those who convey false information that is likely to cause a
reasonable apprehension that terrorist activity is occurring or will occur;
and those who commit acts that are likely to cause a reasonable, but false
apprehension that terrorist activity is occurring or about to occur. In both
cases, there is also a specific requirement that there be intent to cause fear
of death, bodily harm, substantial damage to property, or serious interference
with the lawful use or operation of property, before criminal liability can
ensue.
The maximum penalty for these offences increases according to the harm
caused. The maximum penalty for the base offence is five years imprisonment.
However, if the hoax causes actual bodily harm, the maximum penalty would be
increased to 10 years imprisonment. If the hoax causes death, the maximum
penalty would be increased to life imprisonment.
EXPLOSIVES
The federal Explosives Act regulates the importation, manufacture,
storage and sale of commercial explosives, along with aspects of their
transportation. Natural Resources Canada's primary mandate in this area is
to ensure the health and safety of workers in the industry and of the general
public. Regulation of explosives is, in general, a provincial responsibility.
The amendments to the Explosives Act strengthen the Government of
Canada's role in regulating the acquisition and exportation of explosives
and their transportation in Canada. They introduce tougher security measures
related to the manufacture, storage and transportation of explosives. The Act
also defines "illicit trafficking" so that it captures the type of
activity that can enable criminals or terrorists to acquire explosives.
New sections address security measures, record keeping, and the exchange of
information for the purpose of tracing, identifying and preventing the illicit
manufacture or illicit trafficking of explosives.
The changes align Canada's legislation with the Organization of American
States' (OAS) 1997 Convention against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives and Other Related Materials.
EXPORT AND IMPORT PERMITS
Amendments to the Export and Import Permits Act provide explicit
authority to control the electronic transfer of technology on Canada's
Export Control List. These changes respond to the need for greater controls
over the export and electronic transfer of military and strategically
sensitive technology. These amendments also provide the Minister of
International Trade with authority to consider general security concerns when
assessing applications for permits to export or transfer goods or technology.
NATIONAL DEFENCE
The legislation includes a provision for job protection measures for
Reserve force personnel in the event of a compulsory call out in an emergency
such as an armed conflict or war. At the conclusion of a period of compulsory
call out, employers would be required to reinstate Reservists in equivalent
employment. This amendment ensures that Reservists do not have to choose
between possibly losing their livelihoods and breaking the law that requires
them to serve when called.
The legislation modernizes the procedures that are followed when provincial
and territorial governments request military assistance and aligns them with
existing mechanisms to rationalize the response of the Canadian Forces in
providing assistance to civilian law enforcement, which involve federal
government input. Requests for aid of the civil power will continue to be made
directly to the Chief of Defence Staff (CDS). However, the Minister of
National Defence can provide direction to the CDS to ensure that the
Government of Canada is able to manage simultaneous or multiple requests for
assistance during an emergency.
In addition, the legislation modernizes the definition of "emergency"
to reflect the new security environment by including clear reference to
circumstances of armed conflict short of formally declared war. A number of
important powers under the National Defence Act, such as the authority
to generate forces to deal with terrorist threats, are tied to the existence
of an emergency.
Finally, the legislation establishes a panel of Reserve military judges
that can be called upon when sudden changes in operational commitments
increase the workload for the Military Justice System.
ENERGY INFRASTRUCTURE
The safety of inter-provincial and international pipelines and
international power lines is a matter of primary public interest and has been
included in the National Energy Board's (NEB) mandate since 1959. The NEB
regulates the design, construction, operation, maintenance, and abandonment of
a pipeline or power line and ensures the safety of employees, the public and
the environment.
The amendments to the National Energy Board Act expand the NEB's
mandate to regulate security of installations and provide the NEB with a clear
statutory mandate to:
- order a pipeline company or certificate holder
for an international power line to take measures to ensure the security of
the pipeline or power line;
- make regulations respecting security measures;
- keep information (relating to security) confidential in its orders or proceedings;
- provide advice to the Minister of Natural Resources on issues related to security of pipelines and international power lines; and
- waive the publication requirements for applications to export electricity, or to construct international power lines, if there is a critical shortage of electricity caused by terrorist activity.
COMBATING TERRORIST FINANCING AND MONEY LAUNDERING
The Act amends the Proceeds of Crime (Money Laundering) and Terrorist
Financing Act (PCMLTFA) to provide the Financial Transactions and
Reports Analysis Centre of Canada (FINTRAC) with the ability to exchange
information with various agencies that regulate and supervise financial
institutions and financial intermediaries, to ensure compliance with the
PCMLTFA. Under the new legislation, FINTRAC is able to share information with
regulators and supervisors on how the various reporting entities, such as
banks and trust companies, are complying with the provisions of the PCMLTFA.
Furthermore, the Act contains a complementary amendment to the Office of
the Superintendent of Financial Institutions Act that permits the
superintendent, who regulates federal financial institutions, to disclose to
FINTRAC information related to compliance by a financial institution.
The legislation also amends the PCMLTFA to clarify that FINTRAC is
permitted to enter into negotiations with other government departments and
agencies to access information from government databases related to national
security in much the same way it may collect information from law enforcement
databases. These changes are consistent with FINTRAC's mandate to uncover
money-laundering activities of financing for terrorist activities.
BIOLOGICAL AND TOXIC WEAPONS
The Act enacts the Biological and Toxic Weapons Convention
Implementation Act (BTWCIA), which prohibits biological weapons and
agents that do not have a peaceful purpose, and which provides a more complete
legal basis to regulate dual-use biological agents in Canada. The BTWCIA will
help to prevent the development, production, stockpiling, acquisition,
transfer or use of biological weapons by states, individuals or other
entities. It supplements and reinforces Canada's existing legislation to
prevent the development or transfer of biological weapons. In addition, new
amendments set the terms and conditions of inspectors' activities in Canada,
particularly in relation to their search and seizure abilities.
May 2004
BACKGROUNDER
ACTS AMENDED BY THE PUBLIC SAFETY ACT, 2002
Department |
Act |
CIC |
Department of Citizenship and Immigration Act Immigration and Refugee Protection Act
|
CBSA |
Immigration and Refugee Protection Act
|
DFAIT |
Biological and Toxic Weapons Convention Implementation Act Export and Import Permits Act
|
DND |
National Defence Act |
Environment |
Canadian Environmental Protection Act, 1999 |
Finance |
Office of the Superintendent of Financial Institutions Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act
|
Health |
Department of Health Act Food and Drugs Act Hazardous Products Act Pest Control Products Act Quarantine Act Radiation Emitting Devices Act
|
Industry |
Personal Information Protection and Electronic
Documents Act |
Justice |
Criminal Code |
NRCan |
Explosives Act National Energy Board Act
|
Transport |
Aeronautics Act Canadian Air Transport Security Authority Act Canada Shipping Act Canada Shipping Act, 2001 Marine Transportation Security Act, 1999
Navigable Waters Protection Act
|
Consequential |
Access to Information Act Transportation Appeal Tribunal Act |
May 2004
|