No. GC001/02 
For release April 29, 2002

PUBLIC SAFETY ACT, 2002
IMPROVES LEGISLATIVE FRAMEWORK
TO FIGHT TERRORISM AND PROTECT PUBLIC SAFETY

OTTAWA — The Government of Canada today introduced in the House of Commons an improved package of public safety initiatives in support of its Anti-terrorism Plan. The Public Safety Act, 2002 retains key elements of Bill C-42, which was withdrawn on April 24, 2002, and incorporates a number of important improvements.

By introducing a new bill, the Government of Canada is responding to concerns expressed about Bill C-42, as well as facilitating parliamentary review by providing a single, integrated bill.

"We have taken the input of Parliamentarians, provinces and territories and others, and used it to significantly improve this legislation. It responds to the need for enhanced security while respecting the rights of Canadians," said the Honourable David Collenette, Minister of Transport, who introduced the new bill in the House of Commons today.

The new legislation responds to concerns raised with respect to Bill C-42 in a number of ways, by, for example:

• further defining and circumscribing the power of the Minister of National Defence to establish Controlled Access Military Zones, and of other ministers to use interim orders in emergency situations;
• providing comprehensive parameters for the new terrorist hoax offences; and,
• providing strong measures to ensure accountability and transparency.

The Public Safety Act, 2002 still contains key measures that will increase the Government of Canada's capacity to prevent terrorist attacks, protect Canadians, and respond swiftly should a significant threat arise. Notably, it will:

• clarify and update existing aviation security authorities to maximize the effectiveness of Canada's aviation security system and enhance the ability of the Government of Canada to provide a safe and secure environment for air travel;
• facilitate the sharing of law enforcement and national security information between federal departments and agencies;
• deter hoaxes that endanger the public or heighten public anxiety;
• establish tighter controls over explosives and hazardous substances, activities related to other dangerous substances such as pathogens, and the export and transfer of technology;
• help identify and prevent harmful unauthorized use or interference with Department of National Defence computer systems;
• deter the proliferation of biological weapons; and,
• respect the privacy rights of Canadians.

In addition, the legislation includes new provisions to:

• improve the capacity of federal departments and agencies involved in anti-terrorism and national security activities to share critical information and coordinate their work;
• provide for the smooth flow of information between Canada and its partners internationally, particularly the United States, in order to prevent terrorist activity and protect public safety; and,
• provide a mechanism by which the Government of Canada can provide financial assistance, where necessary, to enhance marine security.

The Honourable Lawrence MacAulay, Solicitor General of Canada, noted that an important improvement in the Public Safety Act, 2002 will increase the capability of the RCMP and CSIS to protect the public and work with their counterparts on preventing terrorist and other criminal activities that endanger public safety.

"Many of the measures in this legislation are just plain common sense. Canadians want these measures in place. The public wants the government to provide effective air travel security and prevent terrorism. This amendment will make the Air Carrier Protective Program more efficient and provide better public safety for Canadians, while assuring them that their privacy rights are fully protected," said Minister MacAulay.

The Public Safety Act, 2002 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 Budget 2001. Where the Anti-terrorism Act focused mainly on the criminal law aspects of combating terrorism, this bill addresses gaps in the federal legislative framework for public safety and protection.

For more information, please refer to attached backgrounders. This information is available online at www.canada.gc.ca/.

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BACKGROUNDER

Highlights of the Public Safety Act, 2002

The amendments to the Aeronautics Act are designed to clarify and update existing aviation security authorities. The amendments would 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.

Currently, the authority to make regulations is worded in general terms in the Aeronautics Act. The amendments would clarify these existing authorities, and set out some of the specific matters that could 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 cockpit doors or limiting the proximity of public parking lots to passenger terminals.

The amendments would also update or expand certain authorities to make regulations, including those concerning:

• Restricted areas; for example, the amendments would allow 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. Currently, the concept of restricted areas is applied only to areas within airports;
• Screening of persons entering restricted areas; for example, the amendments would allow 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 amendments would allow regulations requiring operators of crop duster aircraft to obtain security clearances.

The amendments also address the issue of passenger data that may be required in the interest of transportation security.

The amendments would enable the Government of Canada to require air carriers and operators of aviation reservation systems (systems that provide the capability to make air reservations or issue tickets for air services) to provide information on passengers while balancing the privacy rights of passengers.

Specifically, the new provisions would require that an air carrier must, upon request, provide a designated RCMP or CSIS officer with passenger information for the Air Carrier Protective Program (RCMP officers on board aircraft), for reasons related to: immediate threats to life, health, safety or transportation security; execution of warrants for serious offences, such as murder or kidnapping, as well as warrants under the Immigration Act; compliance with subpoenas or court orders; and counter-terrorism investigations by CSIS. The proposed scheme would include strict controls on access, use, and disclosure, and strong privacy safeguards.

Another section of the Aeronautics Act is being 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 airlines' aircraft departing from somewhere else, if that flight is scheduled to land in that country.

The amendments would discourage 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 amendments incorporate 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.

Furthermore, a number of amendments are being proposed to the Canadian Air Transport Security Authority Act, including provisions that would:

• require CATSA to comply with emergency directions as they relate to the delivery of screening services in Canada; and,
• enable the Authority to enter into agreements with any operator of an aerodrome designated by regulations to contribute to the cost of policing at airports.

The Marine Transportation Security Act is being amended to enable the Government of Canada to provide funding to the marine sector, including ports, to strengthen marine security.

The amendments to the proposed Criminal Code terrorist hoax offences are broader in scope. They are no longer restricted to the parameters of the UN International Convention for the Suppression of Terrorist Bombings. Instead, they build upon the definition of "terrorist activity" contained in the Anti-terrorism Act, and also separately criminalize: (1) those who convey false information that is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur; and (2) those who commit acts that are likely to cause a reasonable, but false, apprehension that terrorist activity is occurring or will occur. In both cases, there is also an expanded 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.

The proposed maximum penalties for these offences have also been amended to provide for increases proportionate 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 is increased to 10 years imprisonment, and if the hoax causes death, the maximum penalty is increased to life imprisonment.

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 is to ensure the health and safety of workers in the industry and of the general public. Use of explosives is, in general, a provincial responsibility.

The proposed amendments to the Explosives Act are the same as the amendments set out in Bill C-42 and are intended to strengthen the Government of Canada's role in regulating the acquisition and exportation of explosives and their transportation in Canada. They will also introduce tougher security measures related to the manufacture, storage and transportation of explosives. The Act will also define "illicit trafficking" so that it captures the type of activity that can enable criminals or terrorists to acquire explosives. New sections will 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 will 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.

Proposed amendments to the EIPA remain the same as the amendments proposed in Bill C-42. The amendments will provide explicit authority to control the electronic transfer of technology on Canada's Export Control List. These changes will respond to the need for greater controls over the export and electronic transfer of military and strategically sensitive technology. These amendments will also provide the Minister of Foreign Affairs with authority to consider general security concerns when assessing applications for permits to export or transfer goods or technology.

The proposed amendments to the National Defence Act contained in the new legislation reflect amendments included in Bill C-42 to help the Government of Canada, the Department of National Defence (DND) and the Canadian Forces (CF) improve their ability to protect Canadians from terrorism. It also incorporates the following improvements.

• "Military Security Zones" are replaced by "Controlled Access Military Zones". These new zones reflect a number of changes in the new bill that limit their use to the protection of Canadian Forces and visiting forces personnel and property. There are new amendments restricting the time and renewal of the zones. The bill also introduces the participation of the Governor in Council in the renewal process. There are new amendments outlining public notification of the establishment of a zone.
• New amendments clarify DND's and CF's ability to protect their computer systems and networks. The language contained in the new amendments is consistent with the legislation in Bill C-36, which affects other government agencies. The amendments clarify that DND and CF can only intercept communications to prevent harmful unauthorized use of or interference with DND/CF computer systems and networks. The new bill also clarifies the role of the Commissioner of the Communications Security Establishment in the review of activities carried out under an authorization to protect information technology.
• With respect to establishing a Reserve Military Judges Panel, this bill adds the word "voluntary" in relation to a Reserve Military Judge Panel Member ceasing to be an officer of the Reserves. This change enhances institutional independence by ensuring that a panel member who involuntarily ceases to be an officer of the Reserves could only have his or her name removed from the Panel after a recommendation has been made by an Inquiry Committee.

Safety of interprovincial 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 Board 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 proposed to the National Energy Board Act are the same as the amendments set out in Bill C-42. They expand the NEB's mandate to regulate security of installations and provide 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.

As previously set out in Bill C-42, the legislation proposes to amend the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) to provide FINTRAC with the ability to share compliance-related information with various agencies that regulate and supervise financial institutions and financial intermediaries, such as the Office of the Superintendent of Financial Institutions. Subject to the passage of the legislation, FINTRAC would be 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 new legislation proposes a complementary amendment to the Office of the Superintendent of Financial Institutions Act that would permit the superintendent, who regulates federal financial institutions, to disclose to FINTRAC information related to compliance by a financial institution. The new legislation also proposes to amend the PCMLTFA to clarify that FINTRAC is permitted to collect information from government databases related to national security in much the same way it may collect information from law enforcement databases. The change is consistent with FINTRAC's recently expanded mandate in respect of detecting and deterring terrorist financing.

The new bill will enact the Biological and Toxin Weapons Conventions Implementation Act (BTWCIA), which will prohibit biological weapons and agents that do not have a peaceful purpose, and which will provide 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 will supplement and reinforce Canada's existing legislation to prevent the development or transfer of biological weapons. In addition, new amendments will set the terms and conditions of inspectors' activities in Canada, particularly in relation to their search and seizure abilities.

As previously set out in Bill C-42, the proposed amendments would give 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. They would be issued in circumstances where there is no regulation, or inadequate regulation to address such a threat.

An interim order could cover any matter normally subject to regulations made by the Governor in Council under Acts within the mandate of the Ministers of the Environment, Health, Fisheries and Oceans, and Transport, such as:

• 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. Some of these provisions have been further enhanced in the new legislation:

• the period within which the Minister would be required to obtain approval from the Governor in Council has been reduced from 90 to 45 days after the interim order is made;
• an additional requirement has been added that requires a copy of the interim order to be tabled in each house of Parliament within 15 sitting days from the time it is issued;
• the interim order would be valid only for a period of up to one year;
• the interim order must be published in the Canada Gazette within 23 days from the time it is issued;
• no person could be convicted for 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 persons likely to be affected by it;
• the interim order could be repealed at any time; and,
• the interim order would be subject to judicial review, as are other government decisions.

Provisions for similar interim orders already exist in other statutes such as the Aeronautics Act and the Canadian Environmental Protection Act. The new legislation retains the original proposed interim order amendments in Bill C-42 to ensure internal consistency in the Canadian Environmental Protection Act, 1999.

April 2002

BACKGROUNDER

Acts amended by the Public Safety Act, 2002

* Indicates an act that was not previously included for amendment in
Bill C-42.