Lawful Access Act, 2026

Part 1 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things, (a) amends the Criminal Code to, among other things, (i) facilitate access to basic information that will assist in the investigation of federal offences through confirmation of service demands given to telecommunications service providers or judicial production orders for the production of subscriber information, (ii) expedite the response to production orders by shortening the review process and clarify the ability of peace officers and public officers to receive and act on certain information that is voluntarily provided to them and to obtain and act on information that is publicly available, (iii) specify certain circumstances in which peace officers and public officers may obtain evidence, including subscriber information, in exigent circumstances, (iv) allow a justice or judge to authorize, in a warrant, a peace officer or public officer to obtain tracking data or transmission data that relates to any thing that is similar to a thing in relation to which data is authorized to be obtained under the warrant and that is unknown at the time the warrant is issued, (v) provide and clarify authorities by which computer data may be examined, and (vi) allow a justice or judge to authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services — or that provides services by a means of telecommunication — to the public to produce transmission data or subscriber information that is in its possession or control; (b) makes a consequential amendment to the Foreign Publishers Advertising Services Act; (c) amends the Mutual Legal Assistance in Criminal Matters Act to allow the Minister of Justice to authorize a competent authority to make arrangements for the enforcement of a decision made by an authority of a state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada; (d) amends the Canadian Security Intelligence Service Act to, among other things, (i) facilitate access to basic information that will assist the Canadian Security Intelligence Service in the performance of its duties and functions under section 12 or 16 of that Act through confirmation of service demands given to telecommunications service providers and judicial orders against those providers, and (ii) clarify the response time for production orders; and (e) amends the Controlled Drugs and Substances Act and the Cannabis Act to provide and clarify authorities by which computer data may be examined. Part 2 enacts the Supporting Authorized Access to Information Act. That Act establishes a framework for ensuring that electronic service providers can facilitate the exercise, by authorized persons, of authorities to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act. It also makes related and consequential amendments to the Intelligence Commissioner Act. Part 3 provides for the parliamentary review of Parts 1 and 2.