ETHI Committee Report

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Committee Report

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APPENDIX A: USE OF DIGITAL FORENSIC TOOLS BY FEDERAL GOVERNMENT INSTITUTIONS THAT APPEARED BEFORE THE COMMITTEE

Table 1 gives some information about the use of digital forensic tools by the 12 federal government institutions that appeared before the Committee as part of this study: under which government program or in what context the tool is used; the relevant legislation under which they carry out investigations and can seize electronic devices; and the year in which the tool was purchased, if available.

Table 1—Key Facts About the Use of Digital Forensic Tools by 12 Federal Government Institutions

Federal Institution	Question	Answer
Canada Border Services Agency	Government program under which the tools are used or context of use	The Canada Border Services Agency is responsible for investigating allegations of violations of border legislation.
Canada Border Services Agency	Relevant legislation	The acts under which it can conduct investigations include the Customs Act and the Immigration and Refugee Protection Act.
Canada Border Services Agency	Year the digital forensic tool or tools were purchased	2019 (GrayKey, now known as Magnet Axiom) 2021 (Cellebrite Premium)
Canada Revenue Agency	Government program under which the tools are used or context of use	Canada Revenue Agency’s Criminal Investigations Program.
Canada Revenue Agency	Relevant legislation	Criminal Code (ss. 2 and 487) and powers of search under the acts it is responsible for enforcing.
Canada Revenue Agency	Year the digital forensic tool or tools were purchased	2012
Canadian Radio-television and Telecommunications Commission	Government program under which the tools are used or context of use	CRTC’s digital investigative tools program.
Canadian Radio-television and Telecommunications Commission	Relevant legislation	Canada’s anti-spam legislation.
Canadian Radio-television and Telecommunications Commission	Year the digital forensic tool or tools were purchased	2014
Competition Bureau	Government program under which the tools are used or context of use	Competition Bureau’s computer forensic program.
Competition Bureau	Relevant legislation	Competition Act
Competition Bureau	Year the digital forensic tool or tools were purchased	Not specified.
Correctional Service Canada	Government program under which the tools are used or context of use	Seizure of contraband items (contraband items in correctional institutions) pursuant to its enabling legislation.
Correctional Service Canada	Relevant legislation	Corrections and Conditional Release Act.
Correctional Service Canada	Year the digital forensic tool or tools were purchased	2010
Department of Fisheries and Oceans	Government program under which the tools are used or context of use	Fisheries and Oceans Canada’s Conservation and Protection Program has a national digital forensics service and a cybersecurity digital forensic investigator service.
Department of Fisheries and Oceans	Relevant legislation	The acts under which it can conduct investigations include the Fisheries Act and the Endangered Species Act.
Department of Fisheries and Oceans	Year the digital forensic tool or tools were purchased	2013
Department of National Defence	Government program under which the tools are used or context of use	Departmental program on information and communication technology.
Department of National Defence	Relevant legislation	Financial Administration Act.
Department of National Defence	Year the digital forensic tool or tools were purchased	Not specified.
Environment and Climate Change Canada	Government program under which the tools are used or context of use	Digital forensics program of Environment and Climate Change Canada’s Enforcement Branch.
Environment and Climate Change Canada	Relevant legislation	The acts under which it can conduct investigations include the Canadian Environmental Protection Act, provisions involving pollution prevention under the Fisheries Act, as well as the Greenhouse Gas Pollution Pricing Act.
Environment and Climate Change Canada	Year the digital forensic tool or tools were purchased	2013
Natural Resources Canada	Government program under which the tools are used or context of use	n/a
Natural Resources Canada	Relevant legislation	n/a
Natural Resources Canada	Year the digital forensic tool or tools were purchased	2018 (purchased but never used)
Royal Canadian Mounted Police	Government program under which the tools are used or context of use	Used as part of criminal investigations or internal administrative investigations.
Royal Canadian Mounted Police	Relevant legislation	Criminal Code.
Royal Canadian Mounted Police	Year the digital forensic tool or tools were purchased	Not specified.
Shared Services Canada	Government program under which the tools are used or context of use	Shared Services Canada’s administrative investigations program.
Shared Services Canada	Relevant legislation	Financial Administration Act.
Shared Services Canada	Year the digital forensic tool or tools were purchased	Tools obtained by Shared Services Canada when it was established in 2011.
Transportation Safety Board of Canada	Government program under which the tools are used or context of use	Transportation Safety Board of Canada’s investigation program.
Transportation Safety Board of Canada	Relevant legislation	Canadian Transportation Accident Investigation and Safety Board Act.
Transportation Safety Board of Canada	Year the digital forensic tool or tools were purchased	Not specified.

Source: House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI), Evidence, 1 February 2024; (ETHI), Evidence, 6 February 2024; (ETHI), Evidence, 8 February 2024; (ETHI), Evidence, 13 February 2024; (ETHI); Shared Services Canada, Response to the Committee, 23 April 2024 [no hyperlink available].