Canada
Canada’s telecommunications system as a core objective of national telecommunications policy. It would grant the Governor in Council and the Minister of Industry expanded powers to protect Canada’s telecommunications infrastructure, including the authority to prohibit telecommunications service providers from using certain products or services, mandate the removal of specified equipment from their networks or facilities and require providers to implement designated security measures. Providers required to comply with orders would not be entitled to recovery for losses incurred. Enforcement would include both administrative monetary penalties and criminal prosecution and imprisonment. Part Two: Critical Cyber Systems Protection Act If enacted, Part Two of Bill C-8 would enact the CCSPA, which would establish new cybersecurity obligations for designated operators responsible for vital services or systems within the federal sector. In essence, the CCSPA would establish a proactive cybersecurity framework that places ongoing responsibility on operators to manage risks before incidents occur, rather than relying solely on reactive post-incident measures. As currently drafted, Schedule 1 identifies telecommunications services, interprovincial or international pipeline and power line
systems, nuclear energy systems, transportation systems within federal jurisdiction, banking systems, and clearing and settlement systems as the vital services and systems that would fall under the CCSPA. Under the CCSPA, designated operators would be required to: Establish, implement and maintain a cybersecurity program within 90 days of being designated, notify the appropriate regulator once the program is in place and provide the regulator with a copy of the program; Identify, manage and mitigate risks arising from third-party service providers and supply- chain dependencies; Report cybersecurity incidents to the Communications Security Establishment within 72 hours and notify the relevant regulator; Comply with confidential cybersecurity directions issued by the Governor in Council; and Maintain all required cybersecurity records in Canada, in the manner and location prescribed by regulation.
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