Governor in Council direction to the Deputy Minister of Fisheries and Oceans: Avoiding complicity in mistreatment by foreign entities - Annual report 2022

Table of contents

• Introduction
• Background
• Information Sharing Practices & Arrangements
• Implementation of the Directions
• Next Steps
• Activity Report

Introduction

The Avoiding Complicity in Mistreatment by Foreign Entities Act (the Act) came into force on July 13, 2019. The Act authorizes, and sometimes requires, the Governor in Council to issue written directions to deputy heads regarding:

• the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;
• the making of requests for information to any foreign entity that would result in a substantial risk of mistreatment of an individual; and
• the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.

On September 4, 2019, the Governor in Council, on the recommendation of the Minister of Public Safety Canada (PS), pursuant to subsection 3(1) of the Act, issued the Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (the Directions) to the Deputy Minister of PS. In accordance with subsection 7(1) of the Act, the Deputy Minister must provide an annual report on the implementation of the Directions during the previous calendar year to the Minister by March 1 each year.

Background

The report provides information on changes to internal policies and procedures undertaken in the past year to support the implementation of the Directions, the number of substantial risk cases, and restrictions to any arrangements due to concerns of mistreatment.

Information Sharing Practices & Arrangements

In response to the events of September 11, 2001, Canada’s National Security Policy (NSP) directed the establishment of Marine Security Operations Centres (MSOCs) in 2004 to contribute to Canada’s maritime domain awareness (MDA), intelligence, and security capability.

The MSOCs detect, assess, report, and coordinate responses amongst relevant authorities on maritime activities that represent a perceived or real threat to the sovereignty, security, and safety of Canada and Canadians.

Representatives from federal government departments and agencies with maritime expertise or security-related responsibilities are co-located in MSOCs to facilitate effective and rapid information access, collection, analysis, and information-sharing.

Partner organizations include: Transport Canada, the Department of National Defence (DND), Royal Canadian Mounted Police (RCMP), Canada Border Services Agency, Department of Fisheries and Oceans (Conservation & Protection) and the Canadian Coast Guard.

The Canadian Coast Guard is a significant contributor of information in the generation of maritime domain awareness within the MSOCs. Information sharing protocols exist between the Coast Guard and the other partner agencies, all of whom are also subject to the Directions under the Act.

The Conservation and Protection Directorate of the Department of Fisheries, Oceans and the Canadian Coast Guard (Department) is also represented in the MSOCs. The Department also engages in information sharing activities related to illegal, unregulated, and unreported (IUU) fisheries crime, including through participation in international platforms such as the Interpol’s Fisheries Crime Working Group (FCWG) and by monitoring compliance with the conservation and enforcement measures of various regional fisheries management organizations, such as the North Atlantic Fisheries Organization (NAFO). Information sharing is also conducted on a bilateral basis with other countries such as the United States, France, and Denmark.

The Department of Fisheries and Oceans’ conservation and protection mandate is to promote and maintain compliance with legislation, regulations and management measures implemented to achieve the conservation and sustainable use of Canada’s aquatic resources. Internationally, this mandate extends to waters outside of Canadian Fisheries Waters, that border Canadian territory, and international waters in which Canadian interests are impacted. In addition, as a responsible fishing nation, Canada has a vital role to play in the development and support of international fisheries enforcement related initiatives.

Implementation of the Directions

As required by the Directions, the Deputy Minister has implemented measures to ensure that decisions to conduct information sharing activities when there is a risk of mistreatment, or to use information likely to have been obtained through mistreatment, are appropriately assessed and that determinations are made based on the best available information and with the appropriate level of accountability. The measures which the Deputy Minister has implemented include a governance and reporting structure, an internal review committee (IRC), and a decision screen which collectively ensure compliance with the Directions.

The department’s current actions related to the implementation of the Directions include:

• Reviewing and revising internal policies and procedures around how it collaborates and shares information among its domestic and international partners. 
• Continuing guidance to those in a position to share information outlining the protocols to follow when sharing sensitive information.
• Transitioning the current guidance into a formalized standard operating procedure which will, when published, expand its application to all Canadian Coast Guard activities.

Next Steps

For the next reporting period of March 1, 2023 until March 1, 2024 we will continue to advance the work to formalize the interim guidance into a formal national standard operating procedure or similar directive which will expand its current scope to include all departmental activities where information could be shared with foreign entities.

5. Activity Report

There have been no cases of substantial risk and arrangement restrictions that occurred within the reporting period.

There have been no cases of substantial risk and arrangement restrictions that occurred within the reporting period.

Sector	Total Number of Cases (03/01/2022 – 03/01/2023)
CCG (Maritime Security and Intelligence)	0
DFO (Conservation & Protection)	0