Brent J. Arnold
Partner
Article
3
On June 18, 2025, the government introduced Bill C-8, an Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, in the House of Commons.
It shares the same name of its predecessor, Bill C-26, which was introduced by the Trudeau Government in 2022. Up until now, it was unclear whether the new government would resurrect the Bill C-26 which died on the order paper with the dropping of the writ for a federal election earlier this year.
Like its predecessor, Bill C-8 has two purposes:
C-8 is substantially identical to the last published version of C-26 from June 2024. The Summary paragraphs describing the effects of each bill are identical save for the fact that Bill C-8 makes no mention of an amendment to the Canada Evidence Act, and indeed that amendment, which in Bill C-26 gave the Federal Court jurisdiction over certain matters, is gone from Bill C-8. The tables of provisions are also identical except for the omission of the Canada Evidence Act amendments, and the addition of a new section 146 (discussed below).
Bill C-8 closely mirrors the June 2024 version of Bill C-26, with only a few key differences:
Notably absent from the new bill are any attempt to address concerns about high compliance costs for small businesses subject to the CPPSA, exemptions for mature organizations that adhere to cyber security programs that significant exceed the requirements of Bill C-8 and are at least arguably better equipped to assess their own cyber security posture than their own regulators, or any positive incentives for organizations to invest in better cyber security (though these may crop up in other aspects of new federal policy aimed at improving national security).
The reintroduction of what was essentially the same Bill toward the end of its tenure in the legislature confirms the new federal government intends to continue the course set by the last government in respect of cyber security policy, at least in the short term. Hopefully, it also indicates an intention to pursue the same goals with greater urgency and speed.
For any questions about Bill C-8, please contact one of the authors of a member of Gowling WLG’s Privacy & Cyber Security team.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.