On December 5, 2024, a significant error in Canada’s cybersecurity bill, Bill C-26, was discovered by the Senate, leading to an amendment to address a drafting mistake that could have nullified the entire cybersecurity section. The bill, which was introduced in 2022, aims to bolster cybersecurity for federally regulated industries and improve national security measures in the telecommunications sector. It specifically targets the risks posed by foreign suppliers like Huawei and ZTE, two Chinese telecommunications giants, by giving the government legal authority to block high-risk products from being used in Canada’s next-generation mobile networks.
The second section of Bill C-26 focuses on cybersecurity measures for critical infrastructure sectors, including finance, telecommunications, energy, and transportation. It mandates that companies in these industries strengthen their cyber defense systems or face significant penalties. This portion of the bill, crucial to safeguarding the nation’s most vital infrastructure, was at risk of being repealed due to the drafting error that was not caught earlier. If left uncorrected, it would have undermined the bill’s primary cybersecurity objectives.
Senators expressed concern over the timing of the error, which could delay the passage of the bill, potentially slowing down efforts to address the growing cybersecurity threats facing Canada. Non-affiliated Senator Patti LaBoucane-Benson emphasized the importance of quickly rectifying the error, given the pressing need for stronger cyber defenses against state and non-state actors targeting Canada’s critical systems. The Senate’s quick action to amend the bill was praised, but the legislation must now go back to the House of Commons for another round of voting, prolonging the legislative process.
Despite the setback, the federal government remains committed to passing Bill C-26, which has garnered support from various stakeholders across political parties. Jennifer O’Connell, parliamentary secretary to the Minister of Public Safety, expressed hope that the bill would progress rapidly through the legislative process once the error is resolved. As Canada faces increasing cyber threats, including those from foreign adversaries, the passage of Bill C-26 is seen as an essential step in securing the country’s digital infrastructure and protecting its citizens.
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