Bill C-59, the National Security Act, 2017, is a comprehensive piece of legislation addressing national security matters in Canada. It aims to modernize the legal framework governing national security activities, enhance oversight and accountability, and protect Canadians' rights and freedoms. The bill makes significant changes to various acts, including the Canadian Security Intelligence Service Act, the Communications Security Establishment Act, and the Criminal Code.
The bill establishes the National Security and Intelligence Review Agency (NSIRA) to review national security and intelligence activities. It also creates the position of the Intelligence Commissioner, responsible for reviewing and approving certain authorizations and determinations made under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act. The bill sets out the mandate for the Communications Security Establishment (CSE), clarifying its role in foreign intelligence, cybersecurity, and defensive and active cyber operations.
Further, Bill C-59 amends the Canadian Security Intelligence Service Act to enhance accountability and adds new limits on the Canadian Security Intelligence Service's power to reduce threats to the security of Canada. It authorizes the Service to collect, retain, query, and exploit datasets, and it amends the Security of Canada Information Sharing Act to emphasize that the Act addresses only the disclosure of information and not its collection or use. The Secure Air Travel Act is amended to authorize the Minister of Public Safety and Emergency Preparedness to collect more information from air carriers and operators of aviation reservation systems.
Finally, Bill C-59 also amends the Criminal Code, making procedural modifications to the terrorist listing regime and changing the offence of advocating or promoting terrorism offences to one of counselling the commission of a terrorism offence. It also amends the Youth Criminal Justice Act to ensure that protections afforded to young persons apply in respect of proceedings in relation to recognizance orders. Part 9 requires a comprehensive review of the provisions and operation of this enactment.
Crime
This bill changes some of the rules around terrorism offences in the Criminal Code. It makes changes to how people are added to terrorist lists. The bill also changes the crime of telling people to support terrorism. Now, it's a crime to tell someone to commit a terrorism crime. The bill also gives courts more power to protect witnesses in cases about terrorism.
Defense
The bill sets out what the Communications Security Establishment (CSE) is allowed to do. The CSE is in charge of gathering information from other countries and helping to protect Canada's computer systems. The bill lets the CSE use different methods to collect information, including working with other countries.