Directions for Avoiding Complicity in Mistreatment by Foreign Entities 2025 Annual Report

January 1 – December 31, 2025

Introduction

In executing its mandate to keep Canadians safe, Public Safety Canada (PS) is committed to protecting human rights when engaging in information sharing with foreign entities. PS fulfills this commitment through its implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act (the Act) and its Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (the Directions).

This is PS' sixth annual report detailing its activities related to the Act and the Directions. This report covers information sharing activities undertaken from January 1, 2025 to December 31, 2025. This report is made pursuant to subsection 7(1) of the Act.

Background

The Act and its associated Directions demonstrate the Government of Canada's commitment to prevent the mistreatment of individuals as a result of information exchanged between a government department and a foreign entity. Pursuant to the Act, the Deputy Minister of Public Safety was issued Directions on September 4, 2019. The Directions provide instructions for:

• the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;
• the making of requests to any foreign entity for information 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.

Within PS, the Passenger Protect Program (PPP) and the Passport Program are implicated by the Directions.

Information Sharing Practices and Arrangements

The Passenger Protect Program (PPP)

The PPP supports the implementation of the Secure Air Travel Act (SATA), which provides the Minister of Public Safety with the authority to establish a list of individuals for whom they (or their delegate) has reasonable grounds to believe may pose a threat to aviation security or travel by air for the purposes of committing a terrorist offence. This list, referred to as the SATA List, includes the name, any known aliases, date of birth, and gender of these individuals. All passengers travelling to, from and within Canada are screened against the SATA List.

The PPP and its federal partners collaborate and exchange information to develop the recommendations to the Minister to add, maintain, and remove individuals from the SATA List in accordance with the thresholds and requirements enshrined in the SATA.

If a listed individual attempts to travel, they are directed to present themselves to an air carrier representative at the airport. Should there be a confirmed match to the SATA List, the Minister of Public Safety (or their delegate) may issue a direction to the air carrier to require that individual undergo additional security screening or be denied boarding. If an individual is denied boarding under SATA, they will receive a letter from the Minister containing instructions on how to apply for recourse. It is important to note that an individual may be denied boarding for reasons other than SATA, such as an air carrier's own internal security protocols.

The Passport Program

The Passport Program operates under the authority of the Canadian Passport Order (CPO), under which the Minister of Public Safety (or their delegate) may cancel, revoke, or refuse a Canadian passport in order to prevent the commission of a terrorism offence, or for the national security of Canada or a foreign country or state.

To support the Minister's role, PS works with interdepartmental partners to develop a recommendation to cancel, revoke, or refuse a Canadian passport, and to ensure implementation of the decision.

Implementation of the Directions

Policies & Procedures

Departmental Policy

PS's departmental Policy on the Order in Council Directions for Avoiding Complicity in Mistreatment by Foreign Entities (Deputy Minister of Public Safety and Emergency Preparedness) (the Policy) outlines the responsibilities of PS individuals related to risk assessments, risk mitigation, referral to the Deputy Minister, and documentation. The Policy ensures that PS' information sharing activities with foreign entities are consistent with Canada's obligations to protect human rights and that the Government of Canada is not complicit in mistreatment.

In 2025, PS concluded its evaluation of the implementation and effectiveness of the Policy and found that the PPP and Passport Program were still implicated by the Directions and that based on the responses received to the evaluation questionnaire, no additional areas of the PS are implicated.

In 2026, PS will continue to evaluate and, as needed, review its Policy to ensure it continues to adequately guide departmental activities under the Direction.

PPP and Passport Program

The PPP and the Passport Program are in the process of updating their policy guidance and developing a risk assessment tool related to the implementation of the Act and Directions. Both programs are continuing to work with partners to ensure that information holdings relating to the operation of both programs are routinely assessed to ensure compliance with the Directions.

Inter-Agency Cooperation

In its role as the policy lead for the Act, PS chairs and participates in the Information Sharing Coordination Group (ISCG), an interdepartmental forum that supports collaboration between departments and agencies which are subject to directions under the Act. This forum provides an opportunity for PS and other departments and agencies to share best practices and discuss lessons learned. Throughout 2025, the ISCG met three times and held a number of discussions on various topics related to the implementation of the Act and Directions.

PS supports the ISCG's efforts to advance its three key objectives of establishing best practices, sharing general information among its membership, and coordinating the development of policy documents in response to interdepartmental issues.

Activity Report

Cases of Substantial Risk

For the period of January 1 to December 31, 2025, PS referred zero cases to the Deputy Minister for determination and authorization.

Restrictions of Arrangements

During the reporting period of January 1 – December 31, 2025, PS had zero instances where an arrangement with a foreign entity was restricted due to concerns regarding mistreatment.

Date modified:

2026-06-01