Remarks to the Standing Committee on Public Safety and National Security – May 7, 2026

The Honourable Simon Noël, K.C., Intelligence Commissioner

(Check against delivery)

Thank you, Mr. Chair, and members for the invitation. I am accompanied today by Justin Dubois, Executive Director and General Counsel of my Office.

Bill C-22 gives my Office a new and significant function. I want to explain how this function would fit into my existing duties.

My quasi-judicial function as Intelligence Commissioner – or IC – is to approve, or not approve, certain national security and intelligence activities proposed by CSE and CSIS and authorized respectively by the Minister of National Defence and Minister of Public Safety.

My independent approval is necessary because the activities the Ministers authorize may be contrary to the law or breach the reasonable expectation of privacy of Canadians. I have 30 days to render my decision but adapt to much shorter time frames when required. Only with my approval can the activities be conducted.

When I approve a ministerial authorization, I assess whether the Minister's conclusions are reasonable in light of the factors the legislation requires the Minister to consider — including the impact on privacy interests and cybersecurity. For most of my decisions, my primary concern is how the proposed activities impact the privacy of Canadians. I apply the legal principles of proportionality and reasonableness, and ensure compliance with the Charter.  

In this regard, when I look at the factors the Minister would have to consider when issuing an order under this Bill, I am confident that these orders are similar to the ministerial decisions I currently oversee, and raise legal issues my office is well-versed in.

In my experience as IC, I understand how certain ministerial orders could only be effective if they are confidential. Although I operate in a classified environment, my oversight role calls for me to be as transparent as possible with Canadians. I share my decisions with NSIRA for post-facto review purposes. I publish redacted versions of my decisions on my office’s website. Decisions rendered under this Bill would likewise be published. My annual report, which was tabled in Parliament last week, additionally provides information on the impact of the activities that I oversee.

Would my office require additional resources for this new function? I have no control over the number of ministerial orders that I would review nor how complex or voluminous each file may be. Another consideration is the potential effect of judicial reviews. These considerations could impact the resources my office needs.

My role is on a part-time basis and I adapt my work accordingly. My expectation is that if my office requires additional funding, this will be provided in a timely manner. I would certainly appreciate a firm commitment from the Minister to that effect.

One element I would raise for your consideration relates to the Minister extending the validity period of an order. Currently there is no limit to the validity period or to the length of an extension. Under my existing jurisdiction, maximum validity periods are specified and renewals require a new approval by the IC. I suggest a similar approach in this Bill.

I would be happy to answer any questions.