A person takes a photo of a CC-150T Polaris and two CF-188 Hornets during a flypast to mark the 100th birthday of the Royal Canadian Air Force on Canada Day, in Ottawa on July 1.Patrick Doyle/Reuters
Recently passed legislation to fight foreign interference would also impose jail terms of up to 14 years on military or ex-military members who divulge operational secrets to adversaries such as China and Russia.
An act respecting countering foreign interference, also known as Bill C-70, passed in Parliament this spring and received royal assent on June 20. It allows the government to designate members or units of the Canadian Armed Forces to be permanently bound to secrecy under the Security of Information Act.
The Globe and Mail reported in 2023 that the RCMP were investigating three former Royal Canadian Air Force fighter pilots who trained military and civilian pilots in China. Their employer, a South African flying academy, has insisted no sensitive information was passed on to Chinese authorities. The Mounties on Tuesday were unable to immediately provide an update on the investigation.
General Wayne Eyre, former chief of the defence staff, said in a statement that the changes made in the legislation “will ensure that those who violate Canada’s national interests will face serious consequences for their actions.”
He said members of the Canadian Armed Forces are required to safeguard the information, skills and knowledge acquired during their military service to help maintain national security and the trust of Canada’s allies.
“Protecting sensitive information is a collective responsibility for all Defence Team members, from initial employment through post-service,” he said. “Regardless of position, every member must be mindful of the information they share and its potential impact on Canada’s security.”
Even unclassified information “can carry sensitivities that, if improperly shared, could harm national interests and those of our allies,” he said.
The changes made by Bill C-70, Gen. Eyre said, mean that certain current and former members “can and will be permanently bound to secrecy, and those who violate these provisions by providing information or intelligence will be in contravention of the Security of Information Act.”
Western governments in recent years have tried to stop their former fighter pilots from sharing specialized knowledge with hostile foreign nations. The British government announced in 2022 it was taking steps to stop China from trying to recruit serving and former British military pilots to train the Chinese armed forces. The BBC, among other British media outlets, reported then that up to 30 former military pilots had gone to train members of China’s People’s Liberation Army. The Australian newspaper reported that Australians were among this group of pilots.
Ian McLeod, a spokesman for the Department of Justice, said Bill C-70 adds certain military secrets to the “most operationally sensitive government information” protected by law in the Security of Information Act (formerly known as the Official Secrets Act). This includes “the military vulnerabilities or advantages of the Canadian Forces, including the operational or technical vulnerabilities and advantages of any ally or adversary.”
He said this refers to sensitive military-related information “that would reveal advantages or vulnerabilities relating to the capabilities or vulnerabilities of military aircraft and such related sensitive information.” He cited as examples navigation, flight control, radar, air-defence systems, stealth technology and weapon systems.
Bill C-70 would amend the Security of Information Act to allow cabinet to designate as sworn to secrecy “a Canadian Forces unit or other element, or any of its parts, or a current or former officer or non-commissioned member who occupies or occupied a position in the Canadian Forces,” Mr. McLeod said. “It also includes a person who is or was appointed, attached, assigned, or seconded to a Canadian Forces unit or other element, or any of its parts, set out in the schedule.”
The maximum penalty for an unauthorized disclosure of special operational information is imprisonment for up to 14 years.