Annex E: Timeline of Lawful Access Legislative Efforts in Canada since 2001
Special Report on the Lawful Access to Communications by Security and Intelligence Organizations
2005
Bill C-74, Modernization of Investigative Techniques Act
Purpose
- Compel communication service providers to have the capability to intercept communications on their networks, including decryption.
- Allow law enforcement to obtain subscriber information from communication service providers without prior judicial authorization.
Outcome
- Died on the Order Paper.
- Dissolution of Parliament.
2009
Bill C-46, Investigative Powers for the 21st Century Act
Bill C-47, Technical Assistance for Law Enforcement in the 21st Century Act
Purpose
Similar or same provisions as previous bill.
Addition:
- Establish new judicial authorities: preservation demands and orders, transmission and tracking production orders.
- Establish warrants for transmission and tracking data capture in real time.
- Update mutual assistance legislation.
Outcome
- Died on the Order Paper.
- Prorogation of Parliament.
2010
Bill C-50, Improving Access to Investigative Tools for Serious Crimes Act
Bill C-51, Investigative Powers for the 21st Century Act
Bill C-52, Investigating and Preventing Criminal Electronic Communications Act
Purpose
Similar or same provisions as previous bill.
Addition:
- Allow for supplementary judicial orders concurrently to an interception authorization.
- Reporting and safeguard requirements for lawful access related judicial authorizations.
Outcome
- Died on the Order Paper.
- Dissolution of Parliament.
2012
Bill C-30, Protecting Children from Internet Predators Act
Purpose
Similar or same provisions as previous bill.
Addition:
- Specifications of maximum duration for judicial authorities.
Outcome
- Not pursued by government.
- Died on the Order Paper.
2013
Bill C-13, Protecting Canadians from Online Crime Act
Purpose
Similar or same provisions as previous bill.
Includes:
- Establish new judicial authorities: preservation demands and orders, transmission and tracking production orders.
- Establish warrants for transmission and tracking data capture in real time.
- Allow for supplementary judicial orders concurrently to an interception authorization.
- Reporting and safeguard requirements for lawful access related judicial authorizations.
- Specifications of maximum duration for judicial authorities.
- Update mutual assistance legislation.
Excludes:
- Compel communication service providers to have the capability to intercept communications on their networks, including decryption.
- Allow law enforcement to obtain subscriber information from communication service providers without judicial authorization.
Outcome
- Received royal assent on December 9, 2014.
- Came into force on March 9, 2015.
2017
Bill C-59, An Act Respecting National Security Matters
Purpose
Several measures changing Canada’s national security framework.
Includes:
- Separate enabling statute for CSE and expansion of mandate.
- Authorization for CSIS regarding dataset collection, retention, and creation.
Outcome
- Received royal assent on June 21, 2019.
- Came into force in phases starting in July 2019.