The Public Safety committee continues its clause-by-clause review of Bill C-22 this week, even as all the stakeholder briefs on lawful access have still not yet been distributed or published. Late last week, submissions from Apple and the Canadian American Business Council (CABC) were posted online. The Apple brief is well worth a read as it reiterates many of the points raised during its appearance before the committee and provides specific recommendations for reform. The CABC brief is noteworthy since the organization represents many of the largest companies on both sides of the border. And the view of business is unequivocal: the CABC states “We believe Bill C-22 raises fundamental privacy concerns, weakens encryption at a time when Canadians need it more than ever, and threatens our bilateral partnership on data security.”

It proceeds to warn of the specific challenges on both sides of the border:

For Canadian companies operating abroad, compliance with a secret surveillance or data retention order could directly conflict with the General Data Protection Regulation and equivalent privacy regimes. Transferring personal data to Canadian law enforcement authorities not recognized as operating under an equivalent privacy framework would constitute an unauthorized cross-border data transfer. This places Canadian companies in the position of being compelled by domestic law to violate the laws of jurisdictions where they also operate.

For U.S. companies operating in Canada, they are faced with a difficult choice between compromising their user base’s security or risking exclusion from the Canadian market. It’s worth noting that U.S. companies have specific obligations under the Federal Trade Commission (FTC). In August 2025, FTC Chairman Ferguson sent letters to prominent technology companies regarding their obligations to protect consumer privacy and data security. Thus, the bill undermines not only risks reducing U.S. companies’ investment in the Canadian market but also our two nations’ cooperation in matters of security, intelligence cooperation, and more.

Reduced investment, risks to security, and the possibility of legal violations in other jurisdictions. Notwithstanding the government’s spin, that’s the danger of Bill C-22.