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Requirements
The Avoiding Complicity in Mistreatment by Foreign Entities Act 2019 (ACA or the Act) aims to mitigate the risk of mistreatment of an individual which could be attributed to the sharing of information between the Government of Canada and foreign entities. Pursuant to the Act, the Minister of Transport issued Directions for Avoiding Complicity in Mistreatment by Foreign Entities to the Deputy Minister of Transport (the Directions) in September 2019.
The Directions prohibit Transport Canada officials from disclosing or requesting information, to or from a foreign entity, if the exchange of information could result in a substantial risk of mistreatment of an individual. The Directions also prohibit certain uses of information that could have been obtained through the mistreatment of an individual by a foreign entity.
More specifically, the Directions require that Transport Canada officials:
- Not share information with a foreign entity that creates a substantial risk of someone being mistreated, unless the risk can be mitigated;
- Not ask for information from a foreign entity that could lead to someone being harmed or tortured, unless the risk can be managed; and
- Not use information that was obtained through mistreatment, in certain circumstances.
This report fulfills an annual reporting requirement to the Minister on implementation of the Act.
Findings
For 2023, support to the Department of Public Safety’s Passenger Protect Program (PPP) was the only area where Transport Canada activities could have evoked ACA-related risks. This is due to the possibility that denial of boarding in association with the administration of Canada’s Secure Air Travel Act (SATA) could, under some circumstances, lead to mistreatment of an individual by a foreign entity.
For the 2023 reporting period, there were no cases where denial of boarding or associated information exchanges under the PPP were assessed to create a risk (substantial or otherwise) of mistreatment of an individual by a foreign entity.
Transport Canada substantially reduced the sharing of personal information with domestic and foreign air carriers under the PPP during the past year. As of March 2023, TC personnel ceased sharing SATA-related information with domestic and foreign air carriers. While a centralized framework for meeting the security objectives of the program has been implemented, these changes have substantially reduced the risk of mistreatment associated with the PPP and has increased options for mitigating them, should they arise.