Question Period Note: Allegations of Training Chinese Pilots

Why are former Canadian Armed Forces Members training pilots from China’s People’s Liberation Army?

• We are aware of reports of pilots being recruited by China to train People's Liberation Army pilots.
• There is legislation and policy in place to ensure that current and former Canadian Armed Forces members are aware of their responsibilities to protect sensitive information and the possible consequences if they do not.
• Additionally, the Government is seeking to strengthen these measures through Bill C-70, An Act respecting countering foreign interference.
• We are committed to the security of Canada and Canadians, and we will make sure our federal partners receive the support they require.

If pressed on Defence’s role in the investigation:

• Given that the allegations are about the activities of former CAF members, any investigation would be the jurisdiction of the RCMP.
• We stand ready to assist our federal partners if and when required.

The Security of Information Act

• The Security of Information Act (SOIA) applies to both current and former members, and the Act provides for serious consequences for information-related conduct that may be harmful to Canada.
• Application of SOIA is highly contextual. The Act applies generally to broad information that the Government of Canada intends to keep confidential, and violations of the Act can result in possible criminal liability.
• Bill C-70- An Act respecting countering foreign interference which aims at strengthening the SOIA was introduced to Parliament on May 6, 2024. Second reading of the Bill occurred on May 29, 2024. The Standing Committee on Public Safety and National Security is currently considering the Bill.

CAF members military release administrative framework

• The release of members from the CAF is governed by an administrative framework, including the Security Screening Certificate and Briefing Form which obliges CAF members to acknowledge their obligation to continue to safeguard information both during and after their service.
• All CAF members are also subject to DAOD 7021-0 (Conflict of Interest and Post-Employment) and are required to complete a security briefing relating to post-employment obligations to not divulge any information that could cause harm to the DND or its personnel.
• Releasing members at the rank of Lieutenant-Colonel and above must also complete form DND 2840-E (Post-Employment Declaration) [PDF, 598Kb]. These ranking officers must declare their intended post-service employment and abstain for one year from any employment which might generate a real or apparent conflict of interest.

• On June 5, 2024, the US Office of the Director of National Intelligence published a joint advisory on behalf of the FVEY warning about continued efforts by the People’s Republic of China (PRC) to recruit current and former Western military personnel to train the PRC military.
• National Defence does not have jurisdiction over post-employment activities of its former members but is ready to support other federal partners as needed.
• The Department of Justice is the lead department on efforts to strengthen the Security of Information Act (SOIA) through Bill C-70, An Act respecting countering foreign interference, which was introduced on May 6, 2024.
• Among other legislative changes, this Bill proposes two technical amendments to the SOIA:
  • The definition of “special operational information” is amended to include information about the military vulnerabilities or advantages of the CAF, including the operational or technical vulnerabilities and advantages of any Ally or adversary.
  • It would allow the Governor in Council to make persons (including both current and former CAF members) permanently bound to secrecy if they have been or are part of a CAF unit or other element listed in the Schedule of the SOIA. CAF members who are persons permanently bound to secrecy who intentionally engage in unauthorized disclosure of special operational information could face a maximum penalty of imprisonment for a term not more than 14 years.

House Standing Committee on National Defence (NDDN):

• During two appearances at NDDN in October and November 2022, National Defence officials were asked to comment on reports that former Royal Canadian Air Force personnel were among western former military pilots recruited by China to train the People’s Liberation Army pilots.