Bill C-26, a crucial cybersecurity bill introduced by the Canadian government in 2022, is currently facing significant challenges after a “drafting error” was discovered by senators. The bill, which seeks to enhance national security by preventing telecom companies from partnering with high-risk suppliers like Huawei and ZTE, has hit an unexpected roadblock. The bill’s first section gives the federal government authority to ban products and services from suppliers deemed a national security threat, while the second section, the Critical Cyber Systems Protection Act, would compel critical sectors such as telecommunications, finance, and energy to bolster their cybersecurity measures.
However, a key issue has emerged in the form of a renumbering error during the passage of Bill C-70, a separate foreign interference law. This error means that the cybersecurity provisions of Bill C-26 are inadvertently repealed. The renumbering confusion effectively nullifies the second half of the bill, which is intended to enforce stronger cybersecurity protections. This error was uncovered during a clause-by-clause review of the bill by the Senate, and senators were forced to pause their work to assess the potential impact of the issue.
The discovery of this error has delayed the bill’s progress, with the Senate’s national security committee now meeting to discuss next steps. If amendments are required to fix the drafting issue, the bill would need to return to the House of Commons for approval, causing further delays. This setback is especially concerning as the Canadian government had already planned to enforce a ban on Huawei and ZTE products by 2024, with deadlines to remove existing 5G and 4G equipment by 2027. The uncertainty surrounding the bill’s future raises concerns about the government’s ability to implement its national security strategy and effectively combat cyber threats.
Experts have also pointed out broader concerns with the bill’s language, which some see as too vague and potentially open to government overreach. Matt Malone, a scholar at the Balsillie School of International Affairs, highlighted the need for stronger oversight of the powers granted to the government by the bill. Despite these concerns, the delay in the bill’s passage also brings attention to the pressing need for stronger cybersecurity legislation in Canada, particularly as new technologies like 5G continue to evolve. The fate of Bill C-26 remains uncertain, and the government will need to address these issues to ensure the safety and security of Canada’s vital infrastructure.
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