Bills 44th Parliament, 1st session November 22, 2021, to present

[...] Available on the House of Commons website at the following address: www.ourcommons.ca TABLE OF PROVISIONS An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts Preamble Short Title 1 Digital Charter Implementation Act, 2022 PART 1 Consumer Privacy Protection Act Enactment of Act 2 Enactment An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in the course of commercial activities Short Title 1 Consumer Privacy Protection Act Interpretation 2 Definitions 3 Order designating Minister 4 Authorized representatives Purpose and Application 5 Purpose 6 Application PART 1 Obligations of Organizations Accountability of

[...] that supports and protects Canadian norms and values, including the right to privacy; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort title 1 This Act may be cited as the Digital Charter Implementation Act, 2022.PART 1 Consumer Privacy Protection ActEnactment of ActEnactment2 The Consumer Privacy Protection Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted: An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in the course of commercial activitiesShort Title Short title 1 This Act may be cited as the Consumer Privacy Protection Act.Interpretation Definitions 2 (1) The following definitions apply in this Act.

[...] of this Act 2 In the event of a conflict between a provision of this Act and a provision of the Insertion start Consumer Privacy Insertion end Protection Act, the provision of this Act operates despite the provision of that Insertion start Act Insertion end , to the extent of the conflict.21 Paragraph 20(3)‍(c) of the Act is replaced by the following: (c) the person’s history with respect to ( Insertion start i Insertion end ) any previous violation of this Act, ( Insertion start ii Insertion end ) any previous conduct that is reviewable under section 74.‍011 of the Competition Act, ( Insertion start iii Insertion end ) any previous contravention of section 5 of the Personal Information Protection and Electronic Documents Act, Insertion start as it read immediately before the day on which section 4 of the Digital Charter Implementation Act, 2022 comes into force Insertion end , that relates to a collection or use described in subsection 7.‍1(2) or (3) of that Act, and Start

[...] it read immediately before the day on which section 4 of the Digital Charter Implementation Act, 2022 comes into force Insertion end , that relates to a collection or use described in subsection 7.‍1(2) or (3) of that Act, Start of inserted block (iii) any previous contravention of Part 1 of the Consumer Privacy Protection Act that relates to a collection or use described in subsection 52(2) or (3) of that Act, and End of inserted block ( Insertion start iv Insertion end ) any previous conduct that is reviewable under section 74.‍011 of the Competition Act;25 Sections 52 to 54 of the Act are replaced by the following: Directors and officers of corporations 52 An officer, director Insertion start or Insertion end agent or mandatary of a corporation that commits a contravention of any of sections 6 to 9 of this Act or of Insertion start Part Insertion end 1 of the Insertion start Consumer Privacy Insertion end Protection Act that relates to a collection or use described in

[...] (ancienne loi) new Act means the Consumer Privacy Protection Act.

[...] That Act, among other things, (a) establishes the Digital Safety Commission of Canada, whose mandate is to administer and enforce that Act, ensure that operators of social media services in respect of which that Act applies are transparent and accountable with respect to their duties under that Act and contribute to the development of standards with respect to online safety; (b) creates the position of Digital Safety Ombudsperson of Canada, whose mandate is to provide support to users of social media services in respect of which that Act applies and advocate for the public interest in relation to online safety; (c) establishes the Digital Safety Office of Canada, whose mandate is to support the Digital Safety Commission of Canada and the Digital Safety Ombudsperson of Canada in the fulfillment of their mandates; (d) imposes on the operators of social media services in respect of which that Act applies (i) a duty to act responsibly in respect of the services that they operate, including

[...] (ministre) Office means the Digital Safety Office of Canada established by section 39.‍

[...] Digital safety plan 62 (1) The operator of a regulated service must submit a digital safety plan to the Commission in respect of each regulated service that it operates.

[...] A-1Access to Information Act2 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Digital Safety Commission of Canada Commission canadienne de la sécurité numérique Digital Safety Office of Canada Bureau canadien de la sécurité numérique Digital Safety Ombudsperson of Canada Ombudsman canadien de la sécurité numérique R.‍S.‍, c.

[...] P-21Privacy Act6 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Digital Safety Commission of Canada Commission canadienne de la sécurité numérique Digital Safety Office of Canada Bureau canadien de la sécurité numérique Digital Safety Ombudsperson of Canada Ombudsman canadien de la sécurité numérique R.‍S.‍, c.

[...] Part 2 enacts the Digital Services Tax Act and its regulations.

[...] (2) Subsection (1) is deemed to have come into force on January 1, 2022.PART 2 Digital Services Tax ActEnactment of ActEnactment96 (1) The Digital Services Tax Act is enacted as follows: An Act respecting a digital services taxShort Title Short title 1 This Act may be cited as the Digital Services Tax Act.PART 1 Interpretation and Application Definitions 2 The following definitions apply in this Act.

[...] Act means the Digital Services Tax Act.‍

[...] this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act and the Digital Services Tax Act have been filed with the Minister

[...] Act, the Underused Housing Tax Act and the Digital Services Tax Act to be paid by the bankrupt in respect of those periods have been paid

[...] Division 3 of Part 4 contains measures that are related to money laundering and to digital assets and other measures.

[...] Division 25 of Part 4 amends the National Research Council Act to, among other things, provide that the National Research Council of Canada may procure goods and services, including goods and services relating to construction and to research-related digital and information technology.

[...] (6) Subsection (3) applies in respect of accrual periods (within the meaning assigned by subsection 261(20) of the Act) that begin on or after August 9, 2022.78 (1) The Act is amended by adding the following after Part XIX: Part XX Reporting Rules for Digital Platform OperatorsDefinitions 282 (1) The following definitions apply in this Part.

[...] cryptoasset means property (other than prescribed property) that is a digital representation of value and that only exists at a digital address of a publicly distributed ledger.‍

[...] application of the Attorney General, a judge is satisfied by information on oath in Form 1, varied to suit the case, that there are reasonable grounds to believe that any digital assets, including virtual currency, may be the subject of an order of forfeiture made under subsection 462.‍37(1) or (2.‍01) or 462.‍38(2) in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction, the judge may issue a warrant authorizing a person named in the warrant or a peace officer to (a) search for the digital assets by using a computer program, as defined in subsection 342.‍1(2); and (b) seize — including by taking control of the right to access — the digital assets, as well as any other digital assets found during that search that the person or peace officer believes, on reasonable grounds, may be the subject of such an order of forfeiture.

[...] Security Charge Act, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act.(5) On the first day on which both subsection 102(1) of the other Act and section 86 of this Act are in force, subsection 229(2) of the Excise Tax Act is replaced by the following: Restriction (2) A net tax refund for a reporting period of a person shall not be paid to the person under subsection (1) at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act have been filed with the Minister.(6) On the first day on which both subsection 103(1) of the other Act and section 87 of this Act are in force, subsection 230(2) of the

[...] Act, the Customs Tariff, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act to be remitted or paid before that time by the registrant have been remitted or paid, and(8) On the first day on which both subsection 105(1) of the other Act and section 89 of this Act are in force, section 263.‍02 of the Excise Tax Act is replaced by the following: Restriction on rebate 263.‍02 A rebate under this Part shall not be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act have been filed with the Minister.(9) On the first day on which both subsection 106(1) of the other Act and section

[...] Charge Act, section 197 or 199 of the Excise Act, 2001, section 115 or 117 of the Greenhouse Gas Pollution Pricing Act, section 39 or 41 of the Underused Housing Tax Act, section 99 or 101 of the Select Luxury Items Tax Act, section 74 or 76 of the Digital Services Tax Act or section 88 or 90 of the Global Minimum Tax Act.(14) On the first day on which both subsection 111(1) of the other Act and section 95 of this Act are in force, subsection 18.‍31(2) of the Tax Court of Canada Act is replaced by the following: Determination of a question (2) If it is agreed under section 310 of the Excise Tax Act, section 97.‍58 of the Customs Act, section 51 of the Air Travellers Security Act, section 204 of the Excise Act, 2001, section 62 of the Softwood Lumber Products Export Act, 2006, section 121 of the Greenhouse Gas Pollution Pricing Act, section 45 of the Underused Housing Tax Act, section 105 of the Select Luxury Items Tax Act, section 80 of the Digital Services Tax Act or section 94 of the

[...] has filed with the Minister all returns and other records of which the Minister has knowledge that are required to be filed under this Act, the Excise Tax Act, the Income Tax Act, the Excise Act, 2001, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act.(21) On the first day on which both subsection 119(1) of the other Act and subsection 103(1) of this Act are in force, paragraph 188(6)‍(a) of the Excise Act, 2001 is replaced by the following: (a) the Minister under this Act, the Excise Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act; or(22) On the first day on which both subsection 119(2) of the other Act and subsection 103(2) of this Act are in force, clause 188(7)‍(b)‍(ii)‍(A) of the Excise Act, 2001 is replaced by the following: (A) the Minister under

[...] this Act, the Excise Act, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act, or(23) On the first day on which both subsection 120(1) of the other Act and section 104 of this Act are in force, subsection 189(4) of the Excise Act, 2001 is replaced by the following: Restriction (4) A refund shall not be paid until the person has filed with the Minister or the Minister of Public Safety and Emergency Preparedness all returns and other records of which the Minister has knowledge and that are required to be filed under this Act, the Excise Act, the Excise Tax Act, the Customs Act, the Income Tax Act, the Air Travellers Security Charge Act, the Underused Housing Tax Act, the Select Luxury Items Tax Act, the Digital Services Tax Act and the Global Minimum Tax Act.(24) On the first day on which both subsection 122(1) of the other Act and section

[...] This Part also makes consequential amendments to certain Acts.

[...] (incident de cybersécurité) cyber system means a system of interdependent digital services, technologies, assets or facilities that form the infrastructure for the reception, transmission, processing or storing of information.‍

[...] Exemption from Statutory Instruments Act (2) An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

[...] Violation or offence 95 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

[...] C-5Canada Evidence Act13 The schedule to the Canada Evidence Act is amended by adding the following after item 5: 6 A judge of the Federal Court, for the purposes of section 145 of the Critical Cyber Systems Protection Act R.‍S.‍, c. 18 (3rd Supp.‍), Part IOffice of the Superintendent of Financial Institutions Act 2011, c. 15, s. 2514 Subsection 23(1) of the Office of the Superintendent of Financial Institutions Act is replaced by the following: Superintendent to ascertain expenses 23 (1) The Superintendent shall, before December 31 in each year, ascertain the total amount of expenses incurred during the immediately preceding fiscal year for or in connection with the administration of the Bank Act, the Cooperative Credit Associations Act, the Critical Cyber Systems Protection Act, the Green Shield Canada Act, the Insurance Companies Act, the Protection of Residential Mortgage or Hypothecary Insurance Act and the Trust and Loan Companies Act.15 The schedule to the Act is amended by

[...] Finally, it makes consequential amendments to other Acts.

[...] Review of Investments Modernization Act and section 84 of this Act are in force, paragraphs 25.‍7(1)‍(a) to (e) of the Investment Canada Act are repealed.Bill C-26110 (1) Subsections (2) to (9) apply if Bill C-26, introduced in the 1st session of the 44th Parliament and entitled An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent.(2) On the first day on which section 2 of the other Act and section 84 of this Act are in force, paragraphs 15.‍9(1)‍(a) to (e) of the Telecommunications Act are repealed.(3) If section 12 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 5 of the schedule to the Canada Evidence Act is repealed.(4) If section 84 of this Act comes into force before section 12 of the other Act, then that section 12 is deemed never to have come into force and is

[...] repealed.(5) If section 12 of the other Act comes into force on the same day as section 84 of this Act, then that section 12 is deemed never to have come into force and is repealed.(6) On the first day on which section 145 of the Critical Cyber Systems Protection Act, as enacted by section 13 of the other Act, and section 84 of this Act are in force, paragraphs 145(1)‍(a) to (e) of the Critical Cyber Systems Protection Act are repealed.(7) If section 14 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 6 of the schedule to the Canada Evidence Act is repealed.(8) If section 84 of this Act comes into force before section 14 of the other Act, then that section 14 is repealed.(9) If section 14 of the other Act comes into force on the same day as section 84 of this Act, then that section 14 is deemed never to have come into force and is repealed.Bill C-27111 (1) Subsections (2) to (4) apply if Bill C-27, introduced

[...] in the 1st session of the 44th Parliament and entitled the Digital Charter Implementation Act, 2022 (in this section referred to as the “other Act”), receives royal assent.(2) On the first day on which both section 108 of the Consumer Privacy Protection Act, as enacted by section 2 of the other Act, and section 84 of this Act are in force, (a) subsection 108(1) of the Consumer Privacy Protection Act is replaced by the following: Certificate under Canada Evidence Act 108 (1) If a certificate under section 38.‍13 or 38.‍41 of the Canada Evidence Act prohibiting the disclosure of personal information of a specific individual is issued before a complaint is filed by that individual under this Act in respect of a request for access to that information, the provisions of this Act respecting that individual’s right of access to their personal information do not apply to the information that is subject to the certificate.

[...] Evidence in other proceedings 17 Evidence given by a person in an investigation and evidence of the existence of an investigation are inadmissible against the person in a court or in any other proceeding, other than in a proceeding for a violation under this Act or in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Commissioner.Administrative Monetary Penalties Violation and liability 18 (1) A person who contravenes subsection 5(1) or (2) or section 7 commits a violation and is liable to an administrative monetary penalty.

[...] Act.

[...] and that are required to be filed under this Act, the Excise Act, the Excise Tax Act, the Customs Act, the Income Tax Act, the Air Travellers Security Charge Act and the Select Luxury Items Tax Act

[...] to be filed under the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Underused Housing Tax Act and the Select Luxury Items Tax Act

[...] Act436 The definition property in section 2 of the Special Economic Measures Act is replaced by the following: property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency; (bien)437 The Act is amended by adding the following after section 3: Purpose Purpose of Act 3.‍1 The purpose of this Act is to enable the Government of Canada to take economic measures against certain persons in circumstances where an international organization of states or association of states of which Canada is a member calls on its members to do so, a grave breach of international peace and security has occurred, gross and systematic human rights violations have been committed in a foreign state or acts of significant corruption involving a national of a foreign state have been committed.438 (1) Subsection 4(1) of the Act is replaced by the following: Orders

[...] Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)444 (1) The definition Minister in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is repealed.(2) Section 2 of the Act is amended by adding the following in alphabetical order: property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency.‍