Federal Government Open to Shorter Metadata Retention Period in Bill C-22, But Rejects Splitting Legislation
The federal government signaled flexibility on one of the most contentious elements of its proposed lawful access bill—metadata retention—but firmly rejected Conservative efforts to divide the legislation into separate parts for faster passage.
Under Part 2 of Bill C-22, electronic service providers could be required to retain users’ metadata—including broadcast and location data—for up to one year. On Tuesday, however, the government indicated it is prepared to shorten that period to at least six months and less than a year following further consultation on the bill.
“Our position is that splitting the bill is not an option,” said Simon Lafortune, spokesman for Public Security Minister Gary Anandasangaree, in response to a letter from Conservative public security critic Frank Caputo. Caputo had urged the government to advance Part 1 independently, arguing it contains widely supported measures that would grant police and intelligence agencies expanded powers to access subscriber information through court orders.
“This would give law enforcement a large portion of what they have asked for from the House,” Caputo wrote. “Part 2 requires further investigation into encryption, metadata, significant government powers and secret ministerial decisions.”
Concerns Over Encryption and Surveillance
Part 2 has drawn sharp criticism from tech companies, privacy experts, and opposition parties. Critics warn the provisions could compel service providers to build technical capabilities enabling law enforcement and the Canadian Security Intelligence Service (CSIS) to access communications—measures opponents describe as creating “backdoors” that undermine encryption and digital security. The government has denied this characterization and pledged to table amendments clarifying that encryption will not be compromised.
Michael Geist, a law professor at the University of Ottawa, told the House of Commons Public Safety Committee last month that the metadata retention regime would amount to “a comprehensive surveillance map of virtually every Canadian,” even though it captures only digital traces of communications—not the content itself.
“The government is building up this huge haystack of data because they assume they have to find the needle every now and then,” Geist said in a previous interview with Global News.
Law Enforcement Urges Full Passage
Government and security officials emphasized that both parts of the bill are essential to modernizing Canada’s lawful access framework, which they say urgently needs updating as criminal activity increasingly shifts online. Richard Bilodeau, acting deputy minister of public safety, told the committee: “There is no doubt that Part 1 is important, but so is Part 2. They are different pieces of legislation, but both are equally important in addressing some of the gaps identified in various lawful access arrangements.”
Chief Supt. Richard Burchill, the RCMP’s director general of technical investigations, added that both parts “provide us with timely access to data in a structured and consistent manner.”
Despite pressure from the Conservatives and Bloc Québécois—who also called for testimony from federal privacy commissioner Philippe Dufresne on proposed safeguards against data breaches and cyberattacks—the government maintains the bill must proceed as a unified package. The Public Safety Committee is currently reviewing the legislation clause by clause, with further government amendments expected.
