Recommendation 1

That the Government of Canada further study which recipient institutions should be listed in Schedule 3 to the Security of Canada Information Sharing Act to ensure that only institutions directly relevant to Canada’s national security framework are listed.

Recommendation 2

That the Government of Canada amend Schedule 3 to the Security of Canada Information Sharing Act to list not only the names of potential recipient institutions and their designated heads, but also the specific sections of the statutes administered or implemented by those institutions that may conceivably relate to national security concerns.

Recommendation 3

That the Government of Canada repeal the definition of “activity that undermines the security of Canada” in section 2 of the Security of Canada Information Sharing Act and replace it with a narrower definition such as the definition of “threats to the security of Canada” in the Canadian Security Intelligence Service Act.

Recommendation 4

That the Government of Canada amend subsection 5(1) of the Security of Canada Information Sharing Act so that any sharing of information under the Act would have to meet the standard of necessity and proportionality./p>

Recommendation 5

That the Government of Canada amend the Security of Canada Information Sharing Act:

a) to clarify that the Privacy Act takes precedence over the Security of Canada Information Sharing Act.

b) to stipulate that the Privacy Act continues to apply to all personal information disclosed pursuant to the Security of Canada Information Sharing Act.

Recommendation 6

That the Government of Canada amend section 5 of the Security of Canada Information Sharing Act to clearly stipulate that the recipient institution must respect its mandate and current legislative and collection powers.

Recommendation 7

That the Government of Canada strengthen the oversight of information sharing by Government of Canada institutions, by considering the following options:

a) establishing a super-agency to provide expert oversight that would review all information-sharing activities by federal national security institutions;

b) establishing new oversight bodies, where there are existing gaps, such as the Canada Border Services Agency, capable of cooperating to review information sharing between federal institutions pursuant to the Security of Canada Information Sharing Act;

c) conferring new powers upon the Security Intelligence Review Committee, the Office of the Communications Security Establishment Commissioner, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, and the Privacy Commissioner of Canada that would enable them to:

i.oversee information sharing among the 14 Government of Canada institutions listed in Schedule 3 to the Security of Canada Information Sharing Act as well as their use of information; and

ii.cooperate with other agencies and conduct joint investigations;

d) establishing a parliamentary review mechanism that, on a complementary basis with one or several other expert oversight agencies, would review the information-sharing activities of federal national security institutions;

e) conferring upon the Privacy Commissioner of Canada the role of overseeing the information sharing of the 14 Government of Canada institutions listed in Schedule 3 to the Security of Canada Information Sharing Act as well as their use of information, and that the Privacy Commissioner report his or her findings to Parliament.

Recommendation 8

That the Government of Canada amend the Security of Canada Information Sharing Act to impose on federal institutions and on the recipient institutions listed in Schedule 3 to the Act a legal duty to keep records in order to report on any use or subsequent sharing of information provided to them under the Act.

Recommendation 9

That the Government of Canada amend the Security of Canada Information Sharing Act in order that the guiding principles listed in section 4 become legal obligations.

Recommendation 10

That the Government of Canada amend the Security of Canada Information Sharing Act by creating a legal obligation to ensure the reliability of any shared information.

Recommendation 11

That the Government of Canada amend section 10 of the Security of Canada Information Sharing Act to confer upon the Governor in Council the power to make regulations concerning the correction and deletion of information and that the Governor in Council make regulations regarding the correction, deletion and retention of information.

Recommendation 12

That the Government of Canada amend the Security of Canada Information Sharing Act so as to:

a) make it a duty for recipient institutions to enter into information-sharing arrangements with disclosing institutions; and

b) confer upon the Privacy Commissioner of Canada the power to review and comment on all existing or future information-sharing arrangements.

Recommendation 13

That the Government of Canada amend section 9 of the Security of Canada Information Sharing Act to make it clear and unequivocal that:

a) only employees acting in good faith in the performance of their duties are immune from civil proceedings; and

b) the Crown remains liable for the actions of its employees.

Recommendation 14

That the Government of Canada implement recommendation 10 made by the Commission of Inquiry into the Air India tragedy by amending the Canadian Security Intelligence Service Act to require the Canadian Security Intelligence Service to report information that may be used in an investigation or prosecution of an offence either to the relevant policing or prosecutorial authorities or to the national security advisor.76