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Decentralized Democracy

House Hansard - 164

44th Parl. 1st Sess.
March 6, 2023 11:00AM
  • Mar/6/23 2:01:53 p.m.
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Mr. Speaker, in small towns in Saskatchewan, people are always eager to support a good cause. They look after their neighbours. It is what makes representing a riding like Moose Jaw—Lake Centre—Lanigan such a pleasure. One of those causes is Moose Jaw's first-ever Walk for Warmth, which is happening later this week. Over 180 people have already signed up for this tremendous fundraiser. These funds will be going toward the city's first women's emergency shelter and will also help to continue the operation of a warming shelter. Winter in Saskatchewan can be harsh and cruel, with temperatures dropping to below -40°C at times. I am proud of all those people who are stepping up to help Moose Jaw's most vulnerable. I thank everyone involved for their hard work and their support for this great cause. I wish them all the best for a successful walk.
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Mr. Speaker, it is always an honour to rise in this House on behalf of the people of my riding of Moose Jaw—Lake Centre—Lanigan. The safety and security of our nation is of paramount importance, and I understand the need to enhance the safety and security of Canadians, both here at home and abroad. This would include many of our international corporations, which are large contributors to our economic base, and of course our own government institutions and interests. Having the opportunity to speak to cybersecurity in Canada gives us an opportunity to enhance or increase our country's ability to protect us from cyber-threats. A significant concern for all Canadians is security. This concern has increased in recent times, as we see the rise in organized crime and gang-related offences, which have gone up 92%. The question I ask myself when I see this increase is this: Will the Liberal government be led by evidence and act on the evidence that has been reported? Cybersecurity is extremely important for our nation to protect itself from inside and outside threats. I welcome Bill C-26, but I do have some concerns pertaining to the success of the bill, and one concern is about accountability. This is a question that we in opposition bring up every day in this House and regularly. Bill C-26 is essentially divided into two different parts. The first part is to amend the Telecommunications Act to promote the security of the Canadian telecommunications system, adding security as a policy objective; to bring the telecommunications sector in line with other infrastructure sectors; and to secure Canada's telecommunications system and prohibit the use of products and services provided by specific telecommunications service providers. This amendment would enforce the ban on Huawei Technologies and ZTE from Canada's 5G infrastructure and would remove or terminate 4G equipment by the year 2027. What stands out to me, which has been a concern, is the time that it took the government to react to enforce the ban on Huawei. The second portion of this bill is to enact the critical cyber systems protection act, or CCSPA, designed to protect critical cyber systems and “systems that are vital to national security or public safety and that are delivered or operated...within the legislative authority of Parliament.” As a report by Norton Rose Fulbright notes, the purpose of the CCSPA is, first, to “[e]nsure the identification and effective management of any cybersecurity risks, including risks associated with supply chains and using third-party products and services”; second, to “[p]rotect critical cyber systems from being compromised”; third, to “[e]nsure the proper detection of cybersecurity incidents”; and finally, to “[m]inimize the impacts of any cybersecurity incidents on critical cyber systems.” The impacts of this bill would be far-reaching, and here are the things that need to be considered when this bill is in place. The government would have the power to receive, review, assess and even intervene in cyber-compliance and operational situations within critical industries in Canada; to make mandatory cybersecurity programs for critical industries; and to enforce regulations through regulatory and legal enforcement, with potential financial penalties. With this in place, the Governor in Council and the Minister of Industry would be afforded additional powers. As the report notes: If any cybersecurity risks associated with the operator’s supply chain or its use of third-party products and services are identified, the operator must take reasonable steps to mitigate those risks. While the Act doesn’t give any indication of what kind of steps will be required from operators, such steps may be prescribed by the regulations [at committee]. It goes on: The Act also addresses cybersecurity incidents, which are defined as incidents, including acts, omissions or circumstances, that interfere or could interfere with the continuity or security of vital services and systems, or the confidentiality, integrity or availability of the critical cyber systems touching upon these vital services and systems. No indication is given as to what would constitute interference under the Act. In the event of a cybersecurity incident, a designated operator must immediately report the incident to the CSE and the appropriate regulator. At present, the Act does not prescribe any timeline or give other indication as to how “immediately” should be interpreted. Some deficiencies in Bill C-26, as it is presently drafted, can be listed as follows: The breadth of what the government might order a telecommunications provider to do is not sufficiently bounded. The secrecy and confidentiality provisions imposed on telecommunications providers threaten to establish a class of secret law and regulations. There is a potential for excessive information sharing within the federal government and with international partners. The costs associated with compliance with reforms may endanger the viability of smaller providers. The vague drafting language means that the full contours of the legislation cannot be assessed. There exists no recognition of privacy or other charter-protected rights as a counterbalance to the proposed security requirements, nor are appropriate accountability or transparency requirements imposed on the government. Should these recommendations or ones derived from them not be taken up, the government could be creating legislation that would require the public and telecommunications providers to simply trust that it knows what it is doing and that its actions are in the best interests of everyone. Is it reaching the right decision to say that no need exists for broader public discussion concerning the kinds of protections that should be in place to protect the cybersecurity of Canada's telecommunications and networks? The government could amend its legislation to ensure its activities conform with Canada's democratic values and norms, as well as transparency and accountability. If the government is truly focused on security for Canadians, should we not start by reviewing the gang and organized crime evidence showing that our present policies have failed? Should we not look at safety and security in our bail reform to protect innocent Canadians who become victims? If Bill C-26 is a step in protecting Canada from cybersecurity threats, what is the review process to ensure compliance? What is the review process to ensure effectiveness and goals are met when we look at Bill C-75 regarding bail reform? The NDP-Liberal government is not interested in reviewing bail reform even though the evidence clearly shows that Bill C-75 failed. Cybersecurity is important to our country's security, as are the victims of crime after their safety and security are violated. I am deeply concerned that the government is struggling with evidence-based information to review Bill C-26, as Bill C-75 and Bill C-5 are not supported by evidence. In fact, offenders and criminals are a higher priority than their victims are. My concern is if Bill C-26 requires amendment or review. Bill C-26 proposes compliance measures intended to protect cybersecurity in sectors that are deemed vital to Canadian security. Therefore, although late out of the gate, Bill C-26 is a start. In conclusion, I would like to see some clear accountability to ensure the objectives of this bill are met and that a proper review process is conducted that holds individuals, corporations, and most importantly, our government accountable.
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  • Mar/6/23 6:13:23 p.m.
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  • Re: Bill C-26 
Mr. Speaker, Canadians are very trusting people. We like to give. However, when we buy into something, such as an app, we are giving over some vital information that is ours. We have seen cases where people had that information abused, and there has been no full disclosure. This is one of the concerns I have with the bill. There are concerns that we have already witnessed in this country in terms of different businesses; a colleague mentioned Indigo being attacked. My hope is that, during committee, we ensure that we are protected. We have a responsibility to Canadians to protect them.
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  • Mar/6/23 6:15:46 p.m.
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  • Re: Bill C-26 
Mr. Speaker, I agree with the member that when the bill is in committee, this issue has to be really focused on. Obviously, we want it to move swiftly but not at the expense of overlooking some of the potential pitfalls that will impact Canadians. I think we have to trust the committee to actually make good amendments on this.
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  • Mar/6/23 6:16:46 p.m.
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  • Re: Bill C-26 
Mr. Speaker, we always give loaded questions. I would have to say that, obviously, when one is a member of Parliament, one's honour is on the line all the time. I would hope that our ability to restore honour in our profession always depends on our own moral compass. Sometimes we see that fail, and it is disappointing. However, I really hope this committee can get its act together and get this sorted out.
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