Part IIOrderPublished: December 20, 2023

ISED Added to SCIDA Schedule 3

Order Amending Schedule 3 to the Security of Canada Information Disclosure Act: SOR/2023-256

The order adds Innovation, Science and Economic Development Canada (ISED) to Schedule 3 of the Security of Canada Information Disclosure Act (SCIDA), authorizing ISED to receive national-security-related information from other federal institutions. The change came into force on registration (2023-12-04) and does not expand collection powers; disclosures to ISED remain subject to SCIDA’s privacy, record-keeping, and oversight requirements, including annual reporting to NSIRA.

Published
December 20, 2023
Department
Unavailable
Section
Order Amending Schedule 3 to the Security of Canada Information Disclosure Act
Comment deadline
Unavailable
Effective date
December 4, 2023
Publication part
Part II

Summary

Summary#

This order, the Order Amending Schedule 3 to the Security of Canada Information Disclosure Act (SOR/2023-256), adds Innovation, Science and Economic Development Canada (ISED) to the list of federal institutions that can receive information under the Security of Canada Information Disclosure Act (SCIDA). It came into force on the day it was registered (December 4, 2023) and was published in the Canada Gazette on December 20, 2023.

What it does#

  • Adds ISED to Schedule 3 of the Security of Canada Information Disclosure Act, making it an authorized recipient of information shared between federal institutions for national security purposes.
  • Keeps the rest of the Act unchanged: this does not give new surveillance or collection powers, nor does it remove legal protections for Canadians. Disclosures to ISED must still follow privacy and oversight rules in the Act.
  • Makes ISED subject to the same record-keeping and annual reporting to the National Security and Intelligence Review Agency (NSIRA) that other designated recipients must follow.
  • The change took effect on the registration date (December 4, 2023).

Who's affected#

  • Innovation, Science and Economic Development Canada (ISED) — its officials can now lawfully receive national-security-related information from other federal partners.
  • Other federal departments and agencies that share national-security information, such as Global Affairs Canada and Public Safety Canada, which may now share more information with ISED under SCIDA.
  • Parties involved in national security reviews of foreign investments under the Investment Canada Act — the change may affect how quickly and thoroughly those reviews get relevant government information.
  • The public generally — oversight bodies like NSIRA still review disclosures, and the Order does not change legal rights or privacy protections.

Why it matters#

  • It fills an information-sharing gap: ISED often needs sensitive information to assess national-security risks tied to investments and economic threats. Being a designated recipient should let it get that information more quickly and reliably.
  • Faster and more complete sharing can speed up national security reviews and reduce delays that came from relying on private or public sources outside government.
  • Oversight and reporting rules stay in place, so disclosures to ISED remain subject to review and privacy protections.
  • The government expects only a small number of additional disclosures, so this is a targeted administrative change rather than a broad new power.

Key topics

Security of Canada Information Disclosure ActSCIDASchedule 3Innovation, Science and Economic Development CanadaISEDNational Security and Intelligence Review AgencyNSIRAInvestment Canada ActICAExport and Import Permits Actnational security reviewsforeign investment reviewGlobal Affairs CanadaPublic Safety Canadainformation sharing

Source: Canada Gazette

Official source