Regulatory Initiative: Amendment to Schedule of the Security of Information Act (SOIA) - Forward Regulatory Plan 2012-2014

Title or working title of the regulatory initiative:

Amendment to Schedule of the Security of Information Act (SOIA)

Description of the objective:

This proposal is intended to protect the essence of Canada's national security interests and the Government's most operationally-sensitive information. Furthermore, the proposed Order would provide additional assurances to Canada's international partners and allies that special operational information shared with Canada will be protected.

The proposal amends the listing of entities under the Security of Information Act to add 11 entities that have (or had) a mandate that is primarily related to security and intelligence matters since their employees or members have or had or will have privilege access to special operational information. Ten of these 11 entities are currently in existence, while two are now dissolved. Following this designation, current and former employees and members of these entities would be "permanently bound to secrecy" without the need for an individual designation. As such they would be subject to penalties under sections 13 and 14 of the Act.

Enabling authority: s. 9 of the Security of Information Act

Indication of business impacts:

There are no expected business impacts.

Public consultation opportunities:

Given the specificity of the proposed measure, consultations were held with the departments and agencies having a mandate likely to be primarily related to security and intelligence matters. Since 2003, draft amendments to the Schedule to the Act have been the subject of consultations with representatives from the agencies and departments concerned.

A proposed Order was pre-published in the Canada Gazette Part I, on March 12, 2005.

Departmental contact:

Douglas Breithaupt, Director and General Counsel,
Criminal Law Policy Section, Department of Justice,
East Memorial Building, 284 Wellington Street, Ottawa, Ontario, K1A 0H8
Tel.: (613) 957-4743, fax: (613) 941-9310
doug.breithaupt@justice.gc.ca

For more information

• The Cabinet Directive on Regulatory Management
• The Red Tape Reduction Action Plan
• The Canada-United States Regulatory Cooperation Council

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.