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5 Bill C-15 Division Summaries with Vote Questions. Read each summary. Then vote below.
- Division 25: Human Pathogens
- Division 26: Customs Tariff
- Division 27: Export/Import Permits
- Division 28: Aeronautics
- Division 29: Canada Transportation
DIVISION 25 Human Pathogens and Toxins Act Human Pathogens and Toxins Act · Human Pathogens and Toxins Regulations — ss. 400–456
WHAT THE BILL SAYS
Division 25 is a comprehensive overhaul of Canada's biosafety and biosecurity regime — modernizing definitions, creating a live ministerial registry, adding foreign influence disclosure requirements, expanding access controls, creating a new administrative monetary penalty system, and adding a new criminal offence for communicating sensitive biological information to foreign entities or terrorist groups.
Preamble and purpose (ss. 400–401) Adds recognition that preventing theft of sensitive information about human pathogens and toxins contributes to public health, safety and security — establishing the security rationale for new provisions throughout the Act
Definitions and registry (ss. 402–409)
- Risk Group definitions updated and tied to a new ministerial registry rather than a static schedule
- New definitions added: foreign entity (cross-referenced to the Foreign Interference and Security of Information Act) and terrorist group (cross-referenced to the Criminal Code)
- The Minister must establish and maintain a live public registry listing pathogens and toxins by risk group and bioweapon risk — exempt from the Statutory Instruments Act; updated at ministerial discretion
- An advisory committee must periodically advise the Minister on the registry and make that advice public
- Persons who lose lawful possession due to registry updates have 30 days to comply; schedule updates give 14 days
Licensing — new residency and foreign influence requirements (s. 415) Licences for the highest-risk activities (Risk Group 3 prescribed, Risk Group 4, prescribed toxins) now require:
- Individual applicants and biological safety officers must be ordinarily resident in Canada
- Organizational applicants must be incorporated in Canada; their representative and BSO must be ordinarily resident in Canada
- Applications must disclose: foreign funding, any foreign entity with direct or indirect ownership or influence over the organization, and any foreign entity with influence over an individual applicant's activities
- Ongoing obligation: licence holders must continue reporting foreign funding and foreign influence throughout the licence period
- Minister may consider unpaid debts to the Crown when issuing or varying licences
Access controls (ss. 421–422)
- Security clearance required to enter parts of facilities conducting highest-risk controlled activities
- New s. 33.1: individuals not conducting those controlled activities are prohibited from entering such facilities, remotely accessing them by telecommunication, or accessing sensitive information about those pathogens or toxins — except in accordance with regulations
- Minister may exempt individuals from security clearance requirements in exigent circumstances for up to one year — but must report to parliamentary national security committees within 30 days
Incident reporting (ss. 410–414)
- Inadvertent release, disease incidents, theft or missing pathogens, and a new category of other specified incidents (s. 14.1) must all be reported to the Minister without delay
- Information provided under incident reporting cannot be used against the reporter in criminal proceedings or administrative monetary penalty proceedings — except for deliberate false reporting or wanton/reckless disregard
New administrative monetary penalties (s. 431)
- Individuals: up to $50,000 per violation
- Organizations: up to $250,000 per violation
- Each day of a continuing violation is a separate violation
- Compliance agreement option for penalties of $5,000 or more — default triggers double penalty
- Due diligence defence available
- Governor in Council sets the full scheme by regulation
New criminal offence — communicating sensitive information (s. 433)
- Any person who knowingly and without lawful authority communicates sensitive information (as prescribed by regulation) to a foreign entity or terrorist group is guilty of an indictable offence liable to imprisonment for life
- No due diligence defence available for this offence
Revised offence penalties (ss. 432–438)
- General contraventions: up to $250,000 / 6 months (Risk Group 2); up to $1M / 5 years indictable or $500,000 / 18 months summary (all other cases)
- Breach of reasonable precautions creating public risk: up to 5 years
- Wanton or reckless breach creating public risk: up to 10 years
- Intentional release causing or likely to cause death: life imprisonment
- Intentional release creating public risk: up to 14 years
- Knowing contravention of schedule prohibitions: up to $5M / 14 years
Regulation-making powers (s. 442) Extensive new and expanded regulation-making authority covering: containment levels, decontamination, remote access security, IT security requirements, sensitive information management, foreign funding and influence disclosure, and blanket exemption power for any person, activity or pathogen if in the public interest and posing no undue risk
Coming into force (s. 456) Three separate Governor in Council orders required for different tranches of provisions — no fixed dates
PLAIN LANGUAGE SUMMARY
Division 25 is Canada's legislative response to biosecurity threats from foreign state actors and terrorist groups. The centrepiece is a new life imprisonment offence for leaking sensitive biological information to foreign entities or terrorist groups — with "sensitive information" and "foreign entity" defined by cross-reference to foreign interference law.
The licensing regime now screens for foreign influence at the application stage and requires ongoing disclosure throughout the licence period. Organizations incorporated outside Canada cannot hold licences for the highest-risk activities. Foreign funding must be disclosed. Foreign entities with influence over licence holders must be identified.
Access to high-risk facilities — including remote access by telecommunication and access to sensitive information — is now regulated. The Minister can waive security clearance requirements in emergencies but must report to Parliament within 30 days.
A new administrative penalty system sits below the criminal threshold, with compliance agreements and double penalties for default. The full penalty scheme, the definition of sensitive information, and which pathogens trigger the most stringent requirements are all set by Cabinet regulation — with the Governor in Council controlling when the most significant provisions take effect.
⚠️ The most consequential elements of this division — what qualifies as sensitive information, which pathogens trigger the strictest controls and when the life imprisonment offense comes into force — are all set by Cabinet regulation, not by Parliament. The criminal offense exists in statute; the definitions that determine who it applies to do not.
DIVISION 26 Customs Tariff Customs Tariff (1997, c. 36) — ss. 457–459
WHAT THE BILL SAYS
Division 26 makes a single targeted amendment to how seized or forfeited goods under the Customs Tariff are disposed of.
Current rule: Goods that are to be disposed of must be destroyed in the manner directed by the Minister of Public Safety and Emergency Preparedness — and must not be damaged before destruction.
New option (s. 457): Instead of destruction, qualifying goods may now be donated to a registered charity — in the manner the Minister directs and for any purpose the Minister specifies — provided the goods are not damaged before donation.
Regulation-making power (s. 458): The Governor in Council may, on the Minister's recommendation, make regulations prescribing which goods or classes of goods are eligible for donation rather than destruction.
Coming into force (s. 459): Fixed by order of the Governor in Council — no set date.
PLAIN LANGUAGE SUMMARY
Right now, goods seized at the border that can't be returned or sold must be destroyed. Division 26 adds a charity donation route — the Minister decides which goods qualify and which charities receive them, with the eligible categories set by Cabinet regulation.
The Minister retains full discretion over manner and purpose. No independent oversight or allocation process is specified.
⚠️ The donation route sounds like a straightforward improvement over destruction — but the Minister controls which goods qualify, which charities receive them and for what purpose, with no allocation process, no independent review and no criteria in the statute. Cabinet sets the eligible categories by regulation. The law creates the option; the Minister controls every decision within it.
DIVISION 27 Export and Import Permits Act Export and Import Permits Act (R.S., c. E-19) — ss. 460–462
WHAT THE BILL SAYS
Division 27 adds economic security as a standalone basis for controlling exports and imports under the Export and Import Permits Act.
Export Control List (s. 460) Two new grounds for adding goods to the Export Control List:
- (h) to ensure supply and distribution of the article in Canada or internationally are consistent with Canada's economic security interests
- (i) to respond to acts, policies or practices of a foreign country or association of countries that might be detrimental to Canada's economic security interests
Import Control List (s. 461) One new ground for adding goods to the Import Control List:
- (g) to ensure supply and distribution of the article in Canada or internationally are consistent with Canada's economic security interests
Coming into force (s. 462): Fixed by order of the Governor in Council — no set date.
PLAIN LANGUAGE SUMMARY
Currently, export and import controls are tied to specific purposes — national security, foreign policy, supply management, trade obligations. Division 27 adds economic security as a freestanding trigger, and goes further by allowing export controls as a retaliatory tool against foreign countries whose policies are deemed detrimental to Canada's economic interests.
"Economic security interests" is not defined in the bill. The Governor in Council determines which goods get listed and when the power takes effect. No parliamentary approval is required to add goods to either list once the authority exists.
This is a significant expansion of trade control authority — particularly the retaliation provision, which mirrors tools used in trade disputes.
⚠️ "Economic security interests" is the entire trigger for this expanded authority — and it is NOWHERE defined in the bill. Cabinet decides what qualifies, which goods get listed and when the power activates. Parliament passes the authority; Cabinet controls every decision within it.
DIVISION 28 Aeronautics Act Aeronautics Act (R.S., c. A-2) — ss. 463–498
WHAT THE BILL SAYS
Division 28 is a comprehensive modernization of Canada's aviation safety and security legal framework — adding drone interference rules, expanding ministerial powers, overhauling the administrative penalty system, creating voluntary information-sharing protections, and extending vicarious liability across the aviation chain.
Definitions and scope (ss. 463–464)
- New definition of goods — anything taken on board an aircraft or brought into an aerodrome, including personal belongings, baggage, cargo and conveyances
- Act now explicitly applies to all persons and goods on board aircraft bound for Canada — extending jurisdiction to inbound international flights before landing
- Ministerial authorizations under new drone provisions are not Canadian aviation documents
Electronic service (s. 465) Notices and documents under the Act may now be served by electronic means — effective on the day sent, provable by transmission record
Remotely piloted aircraft systems / drones (ss. 466, 478–479)
- Minister gains authority to manage use of remotely piloted aircraft systems (RPAS) and equipment that can interfere with RPAS
- New offence: intentionally interfering with a drone or its crew while powered on — except for persons authorized for defence purposes
- New ministerial power (s. 7.42): Minister may authorize any person to interfere with a drone if in the public interest or necessary for aviation safety or security — suspendable or cancellable at ministerial discretion
Safety and security management systems (ss. 468–474)
- Expanded regulation-making authority requiring aviation security and safety duty-holders to develop, document and maintain safety/security management systems, processes, procedures, programs, plans and manuals
- Minister may issue notices requiring corrective measures where deficiencies risk compromising safety or security, or where operations are being carried out in a risky manner
- These internal documents are exempt from the Statutory Instruments Act — not subject to standard regulatory oversight
Voluntary information sharing (s. 475)
- Minister may establish programs and agreements for voluntary provision of aviation safety and security information
- Information provided voluntarily is confidential and cannot be used against the provider in proceedings — except for: required disclosures, independently obtained information, accidents linked to contraventions, knowing or grossly negligent contraventions, or significant safety/security risks
- Mirrors aviation safety reporting programs used internationally
Interim orders (s. 476)
- Expanded grounds for interim orders to include giving effect to international standards and international agreements, conventions or arrangements to which Canada is a party
- Deputy Minister may be authorized to make interim orders
- Interim orders now cease effect after one year unless approved by Governor in Council (extended from previous shorter period)
Vicarious liability — expanded (ss. 480) New explicit vicarious liability provisions covering:
- Registered owners of aircraft
- Operators of aircraft
- Pilots-in-command (for crew member offences)
- Employees and agents of owners, operators, aerodrome operators, air traffic service providers and maintenance organizations
Due diligence defence available — except for the most serious offences (dangerous flying, no-fly list contraventions)
Administrative monetary penalties — overhauled (ss. 481–491)
- Individuals: up to $150,000 per violation
- Corporations: up to $1,500,000 per violation
- ANS Corporation: up to $1,500,000 per day for continuing service level order contraventions
- Violations counted per flight or segment for continuing violations
- New assurance of compliance stream (pre-notice) and compliance agreement stream (post-notice) — both with double-penalty defaults
- Tribunal review available; burden of proof on the Minister
- Person alleged to have committed violation cannot be compelled to testify
- Unpaid penalties registered as court judgments enforceable against the person
Access to Information consequential amendment (s. 497) New voluntary information-sharing confidentiality provisions (s. 5.32) added to the Access to Information Act Schedule II — protecting voluntarily provided aviation safety/security information from ATI disclosure
PLAIN LANGUAGE SUMMARY
Division 28 does four significant things:
1. Drones: Creates a new offence for intentionally interfering with drones, while simultaneously giving the Minister broad authority to authorize others to do exactly that — for public interest or safety/security reasons. Defence activities are explicitly exempt from the interference offence.
2. Management systems: Aviation operators must now develop, document and maintain formal safety and security management systems — and comply with them. The Minister can order corrections. These internal documents are exempt from standard regulatory oversight.
3. Penalties: The administrative penalty system is substantially upgraded — higher maximums, new compliance agreement pathways, double penalties for default, and Tribunal review with the burden on the Minister.
4. Voluntary reporting: A protected voluntary reporting channel is created for aviation safety and security information — with confidentiality protections and use-immunity, subject to carve-outs for serious contraventions and safety risks.
The Act's reach is also extended to cover all persons and goods on board aircraft bound for Canada — extending jurisdiction to inbound international flights before landing. This extends aviation safety and security jurisdiction only — it does not create new customs or seizure powers.
DIVISION 29 Canada Transportation Act Canada Transportation Act (1996, c. 10) — s. 499
WHAT THE BILL SAYS
Division 29 adds a single new provision — a ministerial interim order power under the Canada Transportation Act.
When it can be used: The Minister may make an interim order when they are of the opinion it is in the public interest, having regard to the purposes of the relevant Act, and the order either:
- (a) gives effect to an international standard, or
- (b) ensures compliance with Canada's international obligations
What it can do: An interim order may contain any provision that could be in a Governor in Council or ministerial regulation — or may vary or suspend existing regulatory requirements or conditions.
Consultation: The Minister must consult with any person or organization they consider appropriate before making the order.
Duration: Up to three years — or a shorter period specified in the order — unless repealed earlier or superseded by a regulation with the same effect.
Oversight: Exempt from the Statutory Instruments Act. Must be made publicly accessible unless the Minister determines exceptional circumstances (such as public safety) make that inappropriate. No penalty applies for contravening an unpublished order unless the person was notified of it.
Enforcement: Treated as a regulation for administration and enforcement purposes — including offences, punishment and administrative monetary penalties.
PLAIN LANGUAGE SUMMARY
Division 29 gives the Transport Minister a fast-track tool to implement international transportation standards or meet international obligations without going through the full Governor in Council regulation-making process. The order can last up to three years, bypasses the Statutory Instruments Act, and can override existing regulations.
The consultation requirement is at the Minister's discretion — no specific parties are guaranteed a say. Accessibility can be withheld in undefined "exceptional circumstances."
⚠️ One provision, four ministerial discretion points — who gets consulted, whether the order is published, what qualifies as exceptional circumstances and when international obligations trigger the power. Parliament sets the shell; the Minister controls every decision inside it.