Cybersecurity Will Not Thrive in Darkness: A Critical Analysis of Proposed Amendments in Bill C-26 to the Telecommunications Act

Original Text Proposed Amendment 15.1 (1) If, in the opinion of the 15.1 (1) If, in the opinion of the Governor Governor in Council, it is necessary to in Council, it is necessary, proportionate, do so to secure the Canadian telecom- and reasonable to do so to secure the munications system, including against Canadian telecommunications system, the threat of interference, manipu- including against. [...] 158 19 Recommendation 7: The Minister Should Be Compelled to Table Reports Pertaining to Orders and Regulations The legislation should be amended such that the Minister of Industry is required to annually table a listing of: • the number of orders and regulations that have been issued • the kinds of orders or regulations that have been issued • the number of telecommunications providers that have. [...] By imposing gag restric- tions on regulations, potentially excluding them from the Canadian Gazette, and having amended the Statutory Instruments Act in 201532 it is possible that the Standing Joint Committee for the Scrutiny of Regulations will be unable to hold the government accountable for the regulations that are enacted under the drafted reforms to the Telecommunications Act. [...] The result is that regulations might be created and promulgated without the Committee being able to assess the “legality and the procedural aspects of regulations, as opposed to the merits of particular regulations or the policy they reflect.”33 Recommendation 11: All Regulations Under the Telecommunications Act Should Be Accessible to The Standing Joint Committee for the Scrutiny of Regulations T. [...] The applicant for the review must be provided with “a summary of the evidence and other information available to the judge that enables the applicant to be reasonably informed of the Government of Canada’s case”, but the applicant is not permitted access to information that “in the judge’s opinion, would be injurious to international relations, national defence or national security or endanger the.