Red-line version of Bill C-12 (Provisions with Privacy Implications)
Bill C-12, An Act respecting certain measures relating to the security of Canada’s borders and the integrity of the Canadian immigration system and respecting other related security measures
| Clause | Section | Text |
|---|---|---|
| 4 | 97.01 | Officer’s access to goods – transportation 97.01 Every person who transports or causes to be transported within Canada goods destined for export must, at an officer’s request, give the officer free access to any premises or place under the person’s control that is attached to or forms part of any place where any goods destined for export are reported, loaded, unloaded or stored and open any package or container of those goods or remove any packaging from those goods. |
| Clause | Section | Text |
|---|---|---|
| 25(1) | 41(1) | Coast guard services 41(1) The Minister, or any other member of the King’s Privy Council for Canada designated by the Governor in Council for the purposes of this section, is responsible for coast guard services and their powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to |
| 25(1) | 41(2) | (2) Subsection 41(1) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following: (e) the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; and (f) security, including security patrols and the collection, analysis and disclosure of information or intelligence. |
| 26 | 41.1 | Powers with respect to information and intelligence 41.1 In exercising the powers and performing the duties and functions assigned to them under section 41, the Minister, or any other member of the King’s Privy Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence. |
| Clause | Section | Text |
|---|---|---|
| 28 | 5.3 | Definition of personal information 5.3 In sections 5.4 to 5.7, personal information has the same meaning as in section 3 of the Privacy Act. |
| 28 | 5.4 | Disclosure within Department 5.4 Subject to any regulations made under section 5.7, the Minister may, for the purpose of exercising their powers or performing their duties or functions under an Act of Parliament or another lawful authority, disclose within the Department any personal information under the control of the Department. |
| 28 | 5.5(1) | Disclosure outside Department 5.5(1) Subject to any regulations made under section 5.7, and under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details, the Minister may, for the purpose of the administration or enforcement of an Act of Parliament or of the legislature of a province or for the purpose of exercising their powers or performing their duties or functions under another lawful authority, disclose to any department, ministry, body, office or agency of the federal government or of a provincial government or to a federal or provincial Crown corporation personal information that is under the control of the Department and that relates to any of the following: (a) the identity of an individual and any changes to their identity; (b) the status of an individual in Canada and any changes to their status; (c) the contents or status of any document issued to an individual by the Minister under a provision for which the Minister is responsible in an Act of Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document. |
| 28 | 5.5(2) | Prohibition (2) It is prohibited for a department, ministry, body, office or agency of a provincial government or a provincial Crown corporation to disclose personal information that it receives under subsection (1) to a foreign entity unless the disclosure is done (a) with the written consent of the Minister; and (b) in a manner that respects Canada’s international obligations in respect of mistreatment, as defined in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act. |
| 28 | 5.6 | Other disclosure authorities 5.6 For greater certainty, nothing in this Act affects any authority to disclose personal information under another Act of Parliament, at common law or under the royal prerogative. |
| 28 | 5.7 | Regulations 5.7 For the purposes of sections 5.4 and 5.5, the Governor in Council may make regulations respecting (a) the disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; and (b) the meaning of terms used in those sections. |
| 29 | 150.1(1) | Immigration and Refugee Protection Act Subsection 150.1(1) of the Immigration and Refugee Protection Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the disclosure, for the purposes of cooperation, of information collected for the purposes of this Act to federal departments and agencies, including personal information disclosed under a written agreement or arrangement that includes the elements of personal information that may be disclosed, the purpose of disclosure, any limits on secondary use and subsequent transfer of personal information and any other relevant details. |
| Clause | Section | Text |
|---|---|---|
| 89(2) | 55(3) | Subsection 55(3) of the Act is amended by adding the following after paragraph (f.1): (f.2) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation; |
| 90 | 55.1(1) | Subsection 55.1(1) of the Act is amended by adding the following after paragraph (d): (d.1) the Commissioner of Canada Elections, if the Centre also has reasonable grounds to suspect that the information is relevant to investigating or prosecuting an offence or violation under the Canada Elections Act or an attempt to commit such an offence or violation; |
| Clause | Section | Text |
|---|---|---|
| 127(1) | 2(1) | Purpose 2(1) The purpose of this Act is to help police services and other law enforcement agencies prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. |
| 127(2) | 2(2)(a) | (2) Paragraph 2(2) (a) of the Act is replaced by the following: (a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services and other law enforcement agencies must have rapid access to certain information relating to sex offenders; |
| 127(3) | 2(2)(c)(i) | (3) Subparagraph 2(2) (c) (i) of the Act is replaced by the following: (i) the information be collected only to enable police services and other law enforcement agencies to prevent or investigate crimes of a sexual nature, and |
| 131 | 5(3) | Subsection 5(3) of the Act is replaced by the following: Additional information 5(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any physical characteristic that may assist in the sex offender’s identification, including their eye colour, hair colour and any tattoos and distinguishing marks, and may require that the sex offender’s photograph be taken. |
| 133 | 15(3) | The Act is amended by adding the following after section 15.2: Canada Border Services Agency – disclosure of information 15.3 The Canada Border Services Agency may disclose the following information in respect of a sex offender to a member or employee of, or a person retained by, a law enforcement agency for the purpose of the administration or enforcement of this Act: (a) the surname, first name and middle names, any alias, the date of birth, the citizenship or nationality and the sex of the sex offender; (b) the type and number of each travel document that identifies the sex offender and the name of the country or organization that issued it; (c) the date, time and place of the sex offender’s departure from Canada, their country of destination, the date, time and place of their arrival in Canada and the last country from which they arrived; and (d) in the case of an arrival in or departure from Canada by aircraft, the flight code that identifies the air carrier, as defined in subsection 3(1) of the Aeronautics Act, and the flight number. |
| 134(2) | 16(2) | Subsection 16(2) of the Act is amended by adding the following after paragraph (c): (c.1) a member or employee of, or a person retained by, the Canada Border Services Agency who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament; |
| 134(3) | 16(4)(c) | The portion of paragraph 16(4) (c) of the Act before subparagraph (i) is replaced by the following: (c) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency and there are reasonable grounds to believe that the disclosure will |
| 134(4) | 16(4)(c) (i) to (iv) | Subparagraphs 16(4) (c) (i) to (iv) of the English version of the Act are replaced by the following: (i) assist them in the investigation of an offence under section 17 or in the laying of a charge for such an offence, (i.1) assist them in the verification of the sex offender’s compliance with section 5, (ii) assist them in the prevention or investigation of a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or assist them in the laying of a charge for such an offence, (iii) assist them in the investigation of a criminal offence or a service offence, as defined in subsection 2(1) of the National Defence Act or in the laying of a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii), or (iv) assist them in obtaining a warrant under subsection 490.03121(1) of the Criminal Code and executing the warrant; |
| 134(5) | 16(4) | Subsection 16(4) of the Act is amended by adding the following after paragraph (c): (c.1) unless the disclosure is made to a victim of or witness to a crime of a sexual nature by a member or employee of, or a person retained by, a law enforcement agency who received the information under paragraph (c) and there are reasonable grounds to believe that the disclosure will assist in the investigation of the crime; (c.2) unless the disclosure is to a department or agency of the Government of Canada or of a provincial, territorial or municipal government in Canada or to an Indigenous governing body and there are reasonable grounds to believe that the disclosure will assist in the prevention or investigation of a crime of a sexual nature; |
| 134(6) | 16(4) (j.1) and (j.2) | Paragraphs 16(4) (j.1) and (j.2) of the Act are replaced by the following: (j.1) unless the disclosure is to a member or employee of, or a person retained by, a law enforcement agency outside Canada and there are reasonable grounds |
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