C-59 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

An Act respecting national security matters

National Security Act, 2017

National Security Act, 2017 2019 6 21 13 2019 90851

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “

An Act respecting national security matters ”.

SUMMARY

Part 1 enacts the National Security and Intelligence Review Agency Act , which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.

Part 1.1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.

Part 2 enacts the Intelligence Commissioner Act , which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable.

This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.

Part 3 enacts the Communications Security Establishment Act , which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.

Part 4 amends the Canadian Security Intelligence Service Act to

(

a) add a

preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;

(

b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;

(

c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;

(

d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;

(

e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;

(

f) make amendments to the warrant regime that are related to datasets; and

(

g) implement measures for the management of datasets.

Part 5 amends the Security of Canada Information Sharing Act to, among other things,

(

a) emphasize that the Act addresses only the disclosure of information and not its collection or use;

(

b) clarify the definition of “activity that undermines the security of Canada”;

(

c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;

(

d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;

(

e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and

(

f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.

Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances.

It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.

Part 7 amends the Criminal Code to, among other things,

(

a) make certain procedural modifications to the terrorist listing regime under

section 83.05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;

(

b) change the offence of advocating or promoting terrorism offences in general, in

section 83.21, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;

(

c) raise one of the thresholds for imposing a recognizance with conditions under

section 83.3, and amend when that

section is to be reviewed and, unless extended by Parliament, to cease to have effect;

(

d) repeal sections 83.28 and 83.29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.31(1) and (1.1), which require annual reports on such hearings;

(

e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under

section 810.011 in the previous year; and

(

f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.2, to make orders for the protection of witnesses.

Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order .

Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the fourth year after

section 168 of this enactment comes into force. If that

section 168 and

section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act , come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.

Preamble

Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians;

Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms ;

Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms;

Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;

Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities;

Whereas those institutions must always be vigilant in order to uphold public safety;

Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians;

Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015 ;

And

whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the National Security Act, 2017 .

PART 1

National Security and Intelligence Review Agency

National Security and Intelligence Review Agency Act

Enactment of Act

The National Security and Intelligence Review Agency Act is enacted as follows:

An Act to establish the National Security and Intelligence Review Agency

Short Title

Short title

This Act may be cited as the National Security and Intelligence Review Agency Act .

Definitions

Definitions

The following

definitions apply in this Act.

appropriate Minister means

(

a) with respect to a department named in

Schedule I to the Financial Administration Act , the Minister presiding over the department;

(

b) with respect to a division or branch of the federal public administration set out in column I of

Schedule I.1 to the Financial Administration Act , the Minister set out in column II of that schedule;

(

c) with respect to a corporation named in

Schedule II to the Financial Administration Act , the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act;

(

d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act , the appropriate Minister as defined in that subsection; or

(

e) with respect to the Canadian Forces, the Minister of National Defence. ( ministre compétent )

department means, other than in subsection 42(2), a department named in

Schedule I to the Financial Administration Act , a division or branch of the federal public administration — other than a review body and the office of the Intelligence Commissioner — set out in column I of

Schedule I.‍1 to that Act, a corporation named in

Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. ( ministère )

deputy head means, except in

section 42 ,

(

a) with respect to a department named in

Schedule I to the Financial Administration Act , the deputy minister of that department;

(

b) with respect to the Canadian Forces, the Chief of the Defence Staff;

(

c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;

(

d) with respect to the Canadian Security Intelligence Service, the Director;

(

e) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and

(

f) with respect to any inquiry established under the Inquiries Act , if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. ( administrateur général )

Director means the Director of the Canadian Security Intelligence Service. ( directeur )

Review Agency means the National Security and Intelligence Review Agency established under

section 3 . ( Office de surveillance )

review body means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act . ( organisme de surveillance )

Review Agency and Members

Review Agency established

The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.

Appointment of members

(1) The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency.

Consultation

(2) A member may be appointed to the Review Agency only after consultation by the Prime Minister with

(

a) the persons referred to in paragraphs 62(

a) and (

b) of the Parliament of Canada Act ;

(

b) the leader of every caucus and of every recognized group in the Senate;

(

c) the Leader of the Opposition in the House of Commons; and

(

d) the leader in the House of Commons of each party having at least twelve members in that House.

Term of office

(3) Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.

Reappointment

(4) Each member of the Review Agency, on the expiry of their first term of office, is eligible to be reappointed for one further term.

Designation of Chair

(5) The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency.

Designation of Vice-chair

(6) The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency.

Full- or part-time members

(7) The Chair and Vice-chair may be designated to hold office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis.

Acting Chair

(1) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.

Limit

(2) No member designated under subsection (1) may act as the Chair for more that 90 days without the approval of the Governor in Council.

Remuneration and expenses

(1) Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence.

Office held on full-time basis

(2) The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work.

Acts and regulations applicable

Each member of the Review Agency is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under

section 9 of the Aeronautics Act . Each full-time member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act .

Agency procedures

7.1

Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.

Mandate

Review and investigation

(1) The mandate of the Review Agency is to

(

a) review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment;

(

b) review any activity carried out by a department that relates to national security or intelligence;

(

c) review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and

(

d) investigate

(

i) any complaint made under subsection 16 (1), 17 (1) or 18 (3),

(ii)

any complaint referred to the Agency under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act ,

(iii)

reports made to the Agency under

section 19 of the Citizenship Act , and

(iv)

matters referred to the Agency under

section 45 of the Canadian Human Rights Act .

Review of measures

(2) In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

Review — ministerial direction

(2.1) The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following:

(

a) the Canadian Security Intelligence Service;

(

b) the Communications Security Establishment; and

(

c) any other department if the ministerial direction relates to national security or intelligence.

Findings and recommendations

(3) In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to

(

a) a department’s compliance with the law and any applicable ministerial directions; and

(

b) the reasonableness and necessity of a department’s exercise of its powers.

Access to Information

Right of access — reviews

(1) Despite any other Act of Parliament and subject to

section 12 , the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department.

Protected information

(2) Under subsection (1), the Review Agency is entitled to have access to information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

For greater certainty

(3) For greater certainty, the disclosure to the Review Agency under this

section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

Right of access — complaints

Despite any other Act of Parliament and any privilege under the law of evidence and subject to

section 12, the Review Agency is entitled to have access in a timely manner to the following information:

(

a) in relation to a complaint made under subsection 16 (1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

(

b) in relation to a complaint made under subsection 17 (1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

(

c) in relation to a complaint made under subsection 18 (3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and

(

d) in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act , any information that relates to the complaint and that is in the possession or under the control of the review body, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.

Documents and explanations

(1) Under sections 9 and 10 , the Review Agency is entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions.

Decision — Review Agency

(2) For the purposes of sections 9 and 10 , the Review Agency is entitled to decide whether information relates to the review or complaint in question.

Inconsistency or conflict

(3) In the event of any inconsistency or conflict between sections 9 and 10 and any provision of

an Act of Parliament other than this Act,

section 9 or 10 prevails to the extent of the inconsistency or conflict.

Exception

The Review Agency is not entitled to have access to a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under

section 39 of the Canada Evidence Act .

Review Body

Cooperation

The Review Agency and the review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Agency and the review body in relation to the fulfilment of their respective mandates.

Provision of information to Review Agency

(1) Despite any provision of any other Act of Parliament — including

section 45.47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), the review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8 (1)(

a) to (c).

Exception

(2) The review body must not provide to the Review Agency information that is referred to in

section 12 .

Provision of information to review body

(1) The Review Agency may provide to the review body information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of the review body’s mandate under subsection 45.34(1) of the Royal Canadian Mounted Police Act .

Exception

(2) The Review Agency must not provide to the review body information that is referred to in subsection 45.42(1) of the Royal Canadian Mounted Police Act .

Coordination

Coordination with Privacy Commissioner

15.1

(1) When fulfilling its mandate under any of paragraphs 8(1)(

a) to (c), the Review Agency may coordinate its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.

Provision of information

(2) The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)(

a) to (c).

Complaints

Complaints — Canadian Security Intelligence Service

(1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if

(

a) the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

(

b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

Other redress available

(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act .

Complaints — Communications Security Establishment

(1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if

(

a) the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

(

b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

Other redress available

(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Federal Public Sector Labour Relations Act .

Denial of security clearance

(1) If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.

Denial of security clearance

(2) If, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance.

Receipt and investigation of complaints

(3) The Review Agency must receive and investigate a complaint from

(

a) any individual referred to in subsection (1) who has been denied a security clearance; or

(

b) any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.

Time within which complaint is to be made

(4) A complaint under subsection (3) must be made within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows.

Complaints — Royal Canadian Mounted Police

The Review Agency must receive and investigate a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act if the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

Complaints submitted on behalf of complainants

Nothing in this Act precludes the Review Agency from receiving and investigating complaints referred to in subsections 16 (1), 17 (1) and 18 (3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized.

Written complaint

A complaint under subsection 16 (1), 17 (1) or 18 (3) must be made to the Review Agency in writing unless the Agency authorizes otherwise.

Statement to complainant

The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18 (3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.

Informal Resolution

Informal resolution

(1) The Review Agency may attempt to resolve the complaint informally.

Agreement to informal resolution in writing

(2) The resolution of a complaint through an informal process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.

Investigations

Notice of intention to investigate

Before commencing an investigation referred to in subsection 18 (3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.

Investigations in private

(1) Every investigation by the Review Agency is to be conducted in private.

Right to make representations

(2) In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18 (3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.

Canadian Human Rights Commission may comment

In the course of an investigation of a complaint, the Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.

Powers of Review Agency

The Review Agency has, in relation to the investigation of any complaint, the power

(

a) to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;

(

b) to administer oaths; and

(

c) to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law.

Duty to suspend

27.1

Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.

Evidence in other proceedings

Except in a prosecution under

section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.

Report of findings

(1) The Review Agency must,

(

a) on completion of an investigation in relation to a complaint under subsection 16 (1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate;

(

b) on completion of an investigation in relation to a complaint under subsection 17 (1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and

(

c) on completion of an investigation in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act , provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.

Complainant

(2) After providing a report under any of paragraphs (1)(

a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.

Report — denial of security clearance

(3) On completion of an investigation in relation to a complaint under subsection 18 (3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.

Review Agency member authorized to act alone

A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of the Agency under sections 16 to 29 in relation to complaints.

Departmental Study

Power — Review Agency

(1) For the purpose of ensuring that a department’s activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities.

Report

(2) A department that conducts a study under subsection (1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.

Reports to Ministers

Annual report — Canadian Security Intelligence Service

(1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period.

Contents of report

(2) The annual report must include information relating to

(

a) the compliance of the Canadian Security Intelligence Service with the law and any applicable ministerial directions; and

(

b) the reasonableness and necessity of the Canadian Security Intelligence Service’s exercise of its powers.

Annual report — Communications Security Establishment

(1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period.

Contents of report

(2) The annual report must include information relating to

(

a) the compliance of the Communications Security Establishment with the law and any applicable ministerial directions; and

(

b) the reasonableness and necessity of the Communications Security Establishment’s exercise of its powers.

Report of review

The Review Agency may submit to the appropriate Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency.

Compliance report

(1) The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned.

Report and comments to Attorney General of Canada

(2) As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances.

Copy to Review Agency

(3) The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.

Copy to Intelligence Commissioner

The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.

Annual briefing — Canadian Security Intelligence Service

(1) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.

Annual briefing — Communications Security Establishment

(2) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications Security Establishment of its powers, duties and functions.

Other briefings

(3) The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.

Public Reports

Report to Prime Minister

(1) The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.

Tabling

(2) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Security of Canada Information Disclosure Act

(1) The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.

Tabling

(2) The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Special report

(1) If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.

Tabling

(2) The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Secretariat

Secretariat established

(1) The National Security and Intelligence Review Agency Secretariat is established.

Role

(2) The Secretariat is to assist the Review Agency in fulfilling its mandate.

Executive director

(1) There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office.

Deputy head

(2) The executive director has the rank and all the powers of a deputy head of a department.

Absence or incapacity

If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.

Remuneration and expenses

(1) The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

Compensation

(2) The executive director is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act , to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under

section 9 of the Aeronautics Act .

Personnel

(1) The executive director has exclusive authority to

(

a) appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and

(

b) establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.

Right of employer

(2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1).

Political activities

(3) Part 7 of the Public Service Employment Act applies to the executive director and the Secretariat’s employees. For the purposes of that Part, the executive director is deemed to be a deputy head , and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.

Powers of the executive director

In exercising his or her authority under subsection 45 (1), the executive director may

(

a) determine the human resources requirements of the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat;

(

b) provide for the classification of positions in and employees of the Secretariat;

(

c) after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

(

d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

(

e) determine the learning, training and development requirements of the Secretariat employees and fix the terms on which the learning, training and development may be carried out;

(

f) provide for the awards that may be made to Secretariat employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

(

g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

(

h) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of Secretariat employees for reasons other than breaches of discipline or misconduct;

(

i) establish policies respecting the exercise of the powers granted by this section; and

(

j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the executive director considers necessary for effective human resources management in the Secretariat.

Negotiation of collective agreements

Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board.

Technical assistance

The executive director may engage the services of persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Security and Confidentiality

Oath or solemn affirmation

Each member of the Review Agency must take the following oath or make the following solemn affirmation:

I, , swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.

Compliance with security requirements

Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under

section 48 must

(

a) maintain the security clearance required by the Government of Canada; and

(

b) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

Disclosure prohibited

A member or former member of the Review Agency, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.

Protection of confidential information

(1) The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege:

(

a) a statement under

section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act ; or

(

b) a report under subsection 29 (2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act .

Additional consultation

(2) In addition to the consultation set out in subsection (1) and for the same purpose, the Review Agency must consult with the Director

(

a) in preparing a statement under

section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act ;

(

b) in preparing a report under subsection 29 (3) of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act ; or

(

c) if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)(b).

Independence of peace officer

The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.

General

Powers not limited

Nothing in this Act is to be construed as limiting the power of any body or person that is authorized under

an Act of Parliament to conduct a review or investigation in relation to any activity of a department.

Governor in Council Powers

Designations

The Governor in council may, by order, designate

(

a) a federal Minister as the Minister responsible for this Act;

(

b) any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (

e) of the definition deputy head in

section 2 ; and

(

c) a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (

f) of the definition deputy head in

section 2 .

Transitional Provisions

Definitions

The following

definitions apply in sections 4 to 17 .

former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act , as it read immediately before the coming into force of

section 68 . ( ancien commissaire )

former Committee means the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act , as it read immediately before the coming into force of

section 2 . ( ancien comité )

new Agency means the National Security and Intelligence Review Agency. ( nouvel office )

Chairman of former Committee

(1) The person who, immediately before the day on which

section 2 comes into force, held office as Chairman of the former Committee ceases to be Chairman and is continued in office as a member of the new Agency for the remainder of the term for which he or she was appointed.

Members of former Committee

(2) The members of the former Committee who, immediately before the day on which

section 2 comes into force, held office are continued in office as members of the new Agency for the remainder of the term for which they were appointed.

Chair of new Agency

(3) As soon as feasible after the day on which

section 2 comes into force, the Governor in Council must designate, under subsection 4(5) of the National Security and Intelligence Review Agency Act , the Chair of the new Agency from among the members who continue in office under subsection (1) or (2) or who are appointed under subsection 4(1) of that Act.

Employment continued — staff

(1) Nothing in this

Part is to be construed as affecting the status of any person who, immediately before the day on which

section 2 comes into force, occupies a position in the former Committee, except that the person is to, as of that day, occupy their position in the Secretariat of the new Agency.

Managerial or confidential position

(2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

Powers, duties and functions

A person referred to in

section 5 whom the former Committee has authorized to exercise certain powers or perform certain duties or functions relating to a matter before that former Committee, on the day on which

section 2 comes into force, retains the authority to exercise those powers and perform those duties and functions.

Appropriations

Any money that is appropriated by

an Act of Parliament, for the fiscal year in which

section 2 comes into force, to defray any expenditure of the former Committee and that, on the day on which

section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the new Agency.

Rights and obligations

All rights and property of the former Committee and of Her Majesty in right of Canada that are under the administration and control of the former Committee and all obligations of the former Committee are transferred to the new Agency.

Contracts

A contract respecting the provision of services or materiel to the former Committee entered into before the day on which

section 2 comes into force is deemed to have been entered into by the executive director of the Secretariat of the new Agency.

Information — former Committee

The former Committee must transfer to the new Agency all information under its control, including information that relates to a complaint before that former Committee, or to any review or investigation that is being undertaken by that Committee, immediately before the day on which

section 2 comes into force.

Complaints — former Committee

(1) The new Agency becomes seized of any complaint made to the former Committee before the day on which

section 2 comes into force and that complaint is deemed to have been made to the new Agency.

Reports and matters

(2) The new Agency becomes seized of any report made under

section 19 of the Citizenship Act , and any matter referred under

section 45 of the Canadian Human Rights Act , to the former Committee before the day on which

section 2 comes into force and that report or matter is deemed to have been made or referred, as the case may be, to the new Agency.

First report

(1) The first report that the new Agency submits under each of subsections 32(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Committee has not yet submitted a report under

section 53 of the Canadian Security Intelligence Service Act , as it read immediately before the coming into force of

section 2 .

First report — Communications Security Establishment

(2) The first report that the new Agency submits under each of subsections 33(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Commissioner has not yet submitted a report under subsection 273.63(3) of the National Defence Act , as it read immediately before the coming into force of

section 2 .

Commencement of proceedings

(1) Any action, suit or other legal or administrative proceeding that could have been brought against the former Committee may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Committee.

Pending proceedings

(2) Any action, suit or other legal or administrative proceeding to which the former Committee is a party that is pending immediately before the day on which

section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Committee.

No compensation

Despite the provisions of any contract, agreement or order, no person appointed to hold office as Chairman or as a member of the former Committee has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent or mandatary of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Part.

Information — former Commissioner

The former Commissioner must transfer to the new Agency all information under his or her control, including information that relates to a complaint before that former Commissioner, or to any review or investigation that is being undertaken by that former Commissioner, immediately before the day on which

section 2 comes into force.

Complaints — former Commissioner

The new Agency becomes seized of any complaint made to the former Commissioner before the day on which

section 2 comes into force and that complaint is deemed to have been made to the new Agency.

Commencement of proceedings

(1) Any action, suit or other legal or administrative proceeding, relating to a review or an investigation, that could have been brought against the former Commissioner may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commissioner.

Pending proceedings

(2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party that relates to a review or an investigation and that is pending immediately before the day on which

section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Commissioner.

Related and Consequential Amendments

R.S., c. A-1

Access to Information Act

Schedule I to the Access to Information Act is amended by deleting the reference, under the heading “Other Government Institutions”, to

Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité

Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

R.S. c. C-5

Canada Evidence Act

Item 18 of the

schedule to the Canada Evidence Act is replaced by the following:

The National Security and Intelligence Review Agency, for the purposes of sections 16 to 19 of the National Security and Intelligence Review Agency Act , with the exception of any information provided to the Agency by the complainant or an individual who has been denied a security clearance

R.S., c. C-23

Canadian Security Intelligence Service Act

(1) The definition Review Committee in

section 2 of the Canadian Security Intelligence Service Act is repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

Review Agency means the National Security and Intelligence Review Agency; ( Office de surveillance )

Parts III and IV of the Act are repealed.

Replacement of “Committee”

The Act is amended by replacing “Committee” with “Agency” in the following provisions:

(a)

subsections 6(2) and (4);

(

b) subsection 12.1(3.5);

(c)

subsection 17(2);

(d)

subsection 19(3); and

(e)

subsection 20(4).

R.S., c. C-29

Citizenship Act

(1) Subsection 19(1) of the Citizenship Act is replaced by the following:

Definitions

(1) The following

definitions apply in this

section and sections 19.1, 19.2 and 20.

Review Agency means the National Security and Intelligence Review Agency. ( Office de surveillance )

threats to the security of Canada has the same meaning as in

section 2 of the Canadian Security Intelligence Service Act . ( menaces envers la sécurité du Canada )

(2) Subsection 19(4) of the Act is replaced by the following:

Application of the National Security and Intelligence Review Agency Act

(4) Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.

Replacement of “Committee”

The Act is amended by replacing “Committee” with “Agency” in the following provisions:

(a)

subsections 19(2) and (4.1) to (6);

(

b) subsection 19.1(1);

(

c) subsection 19.2(1); and

(d)

subsection 20(1).

R.S., c. F-11

Financial Administration Act

Subsection 13(2) of the Financial Administration Act is replaced by the following:

Restriction

(2) If a person has made a complaint with respect to a security assessment to the National Security and Intelligence Review Agency, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint.

Schedule I.1 to the Act is amended by deleting the reference, in column I, to

Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité

and the corresponding reference in column II to “Prime Minister”.

Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

and a corresponding reference in column II to “Prime Minister”.

Schedule V to the Act is amended by deleting the reference to

Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité

Schedule V to the Act is amended by adding the following in alphabetical order:

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

Part III of

Schedule VI to the Act is amended by deleting the reference, in column I, to

Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité

and the corresponding reference in column II to “Chairman”.

Part III of

Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

and a corresponding reference in column II to “executive director”.

R.S., c. H-6

Canadian Human Rights Act

(1) Subsection 45(1) of the Canadian Human Rights Act is replaced by the following:

Definition of Review Agency

(1) In this

section and

section 46, Review Agency means the National Security and Intelligence Review Agency.

(2) The Act is amended by replacing “Committee” with “Agency” in subsections 45(2) and (4).

(3) Subsection 45(5) of the Act is replaced by the following:

National Security and Intelligence Review Agency Act

(5) If a matter is referred to the Review Agency under paragraph (2)(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to be read as a reference to the minister referred to in subsection (2).

(4) The Act is amended by replacing “Committee” with “Agency” in subsection 45(6).

Subsection 46(1) of the Act is replaced by the following:

Report

(1) On completion of its investigation under

section 45, the Review Agency shall, not later than 90 days after the matter is referred to it under paragraph 45(2)(b), provide the Commission, the minister referred to in subsection 45(2), the Director of the Canadian Security Intelligence Service and the complainant with a report containing the Agency’s findings. On request of the Agency, the Commission may extend the time for providing a report.

R.S., c. O-5; 2001, c. 41, s. 25

Security of Information Act

(1) Paragraph (

a) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Security of Information Act is replaced by the following:

Le membre ou l’employé — ancien ou actuel — d’un ministère, d’un secteur ou d’un organisme de l’administration publique fédérale mentionné à l’annexe;

(2) The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by striking out “or” at the end of paragraph (

a) and by adding the following after that paragraph:

(a.1)

a current or former member of the National Security and Intelligence Review Agency; or

(3) Paragraph (

b) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Act is replaced by the following:

la personne qui a reçu signification à personne de l’avis mentionné au paragraphe 10(1) ou qui a été informée de sa délivrance conformément aux règlements pris en vertu du paragraphe 11(2). ( person permanently bound to secrecy )

Paragraph 15(5)(

b) of the Act is replaced by the following:

(

b) the person has, if he or she has not received a response from the deputy head or the Deputy Attorney General of Canada, as the case may be, within a reasonable time, brought his or her concern to and provided all relevant information in the person’s possession to the National Security and Intelligence Review Agency, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions of service for, or on behalf of, the Government of Canada and he or she has not received a response from that Agency within a reasonable time.

The

schedule to the Act is amended by adding the following in alphabetical order:

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

R.S., c. P-21

Privacy Act

37.1

Section 37 of the Privacy Act is amended by adding the following after subsection (4):

Coordination with Review Agency

(5) The Privacy Commissioner may coordinate his or her activities under subsection (1) with those of the National Security and Intelligence Review Agency under any of paragraphs 8(1)(

a) to (

c) of the National Security and Intelligence Review Agency Act to avoid any unnecessary duplication of work.

37.2

Section 64 of the Act is amended by adding the following after subsection (2):

Provision of information

(3) The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose — to the extent that the Commissioner or the authorized person, as the case may be, considers necessary for the purpose of subsection 37(5) — information concerning the Commissioner’s activities under subsection 37(1) to the National Security and Intelligence Review Agency.

The

schedule to the Act is amended by deleting, under the heading “Other Government Institutions”, the reference to

Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité

The

schedule to the Act is amended by adding, in alphabetical order under the heading “Other Government Institutions”, a reference to

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

R.S., c. P-36

Public Service Superannuation Act

Part I of

Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

R.S., c. R-10

Royal Canadian Mounted Police Act

The Royal Canadian Mounted Police Act is amended by adding the following after

section 45.35:

National security

45.351

(1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

Referral

(2) The Commission shall refer any matter related to national security arising from a request for a review under

section 45.34 or 45.35 to the National Security and Intelligence Review Agency.

Section 45.53 of the Act is amended by adding the following after subsection (4):

National security

(4.1) The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency.

Notification of referral

(4.2) The Commission shall notify the Commissioner if it refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral.

Subsections 45.67(3) and (4) of the Act are replaced by the following:

Referral — National security

(2.1) The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.

Notice to the Commissioner and complainant

(3) Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.

Notice — application of subsection (2.1)

(3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant.

Notice to member and other persons

(4) After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1).

1991, c. 30

Public Sector Compensation Act

Schedule I to the Public Sector Compensation Act is amended by deleting, under the heading “Other Portions of the Public Service”, the reference to

Security Intelligence Review Committee Comité de surveillance des activités de renseignements de sécurité

Schedule I to the Act is amended by adding, in alphabetical order under the heading “Other Portions of the Public Service”, a reference to

National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

2000, c. 17; 2001, c. 41, s. 48

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after

section 53.3:

National Security and Intelligence Review Agency Act

53.4

The Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Review Agency Act .

The portion of subsection 55(1) of the Act before paragraph (

a) is replaced by the following:

Disclosure by Centre prohibited

(1) Subject to subsections (3) and (6.1), sections 52, 53.4, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act , the Centre shall not disclose the following:

Coordinating Amendments

Part 3 of this Act

On the first day on which both sections 2 and 76 of this Act are in force, subsection 17(2) of the National Security and Intelligence Review Agency Act is replaced by the following:

Other redress available

(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Communications Security Establishment Act or the Federal Public Sector Labour Relations Act .

Bill C-22

(1) The following

definitions apply in this section.

new Act means the National Security and Intelligence Review Agency Act , as enacted by

section 2 of this Act. ( nouvelle loi )

other Act means Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act . ( autre loi )

(2) Subsections (3) to (11) apply if the other Act receives royal assent.

(3) On the first day on which both

section 4 of the other Act and

section 2 of this Act are in force

(

a) the definition review body in

section 2 of the other Act is amended by adding “or” at the end of paragraph (

a) and by replacing paragraphs (

b) and (

c) with the following:

(

b) the National Security and Intelligence Review Agency. ( organisme de surveillance )

(

b) section 13 of the other Act is amended by adding the following after subsection (2):

For greater certainty

(2.1) For greater certainty, the disclosure to the Committee under this

section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

(c)

subsection 16(3) of the other Act is replaced by the following:

Review bodies informed of decision

(3) The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

(

d) section 23 of the other Act is amended by adding “or” at the end of paragraph (

a) and by replacing paragraphs (

b) and (

c) with the following:

(

b) to the National Security and Intelligence Review Agency, information that is related to the fulfilment of that review body’s mandate under paragraphs 8(1)(

a) to (

c) of the National Security and Intelligence Review Agency Act .

(

e) the definition review body in

section 2 of the new Act is replaced by the following:

review body means

(

a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act ; or

(

b) the National Security and Intelligence Committee of Parliamentarians. ( organisme de surveillance )

(

f) paragraph 10(

d) of the new Act is replaced by the following:

(

d) in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act , any information that relates to the complaint and that is in the possession or under the control of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act , the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.

(

g) section 13 of the new Act is replaced by the following:

Cooperation

The Review Agency and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Review Agency and that review body in relation to the fulfilment of their respective mandates.

(h)

subsection 14(1) of the English version of the new Act is replaced by the following:

Provision of information to Review Agency

(1) Despite any provision of any other Act of Parliament — including

section 45.47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), a review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(

a) to (c).

(i)

subsection 15(1) of the new Act is replaced by the following:

Civilian Review and Complaints Commission

(1) The Review Agency may provide to the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under subsection 45.34(1) of the Royal Canadian Mounted Police Act .

(

j) the new Act is amended by adding the following after

section 15:

National Security and Intelligence Committee of Parliamentarians

15.1

(1) The Review Agency may provide to the National Security and Intelligence Committee of Parliamentarians information that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under

section 8 of the National Security and Intelligence Committee of Parliamentarians Act .

Exception

(2) The Review Agency must not provide to the review body

(

a) information that is referred to in

section 14 of the National Security and Intelligence Committee of Parliamentarians Act ; or

(

b) information that is the subject of a decision that has been provided to the Review Agency under subsection 16(3) of that Act.

(4) If subsection 40(1) of the other Act comes into force before subsection 35 (1) of this Act, then that subsection 35 (1) is repealed.

(5) If subsection 35 (1) of this Act comes into force before subsection 40(1) of the other Act, then that subsection 40(1) is repealed.

(6) If subsection 40(1) of the other Act comes into force on the same day as subsection 35 (1) of this Act, then that subsection 35 (1) is deemed never to have come into force and is repealed.

(7) On the first day on which both subsection 40(2) of the other Act and subsection 35 (2) of this Act are in force,

(

a) paragraph (a.1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act , as enacted by subsection 35 (2) of this Act, is amended by striking out “or” at the end of that paragraph (a.1); and

(

b) paragraph (a.1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act , as enacted by subsection 40(2) of the other Act, is renumbered as paragraph (a.2) and is repositioned accordingly if required.

(8) If subsection 40(3) of the other Act comes into force before subsection 35 (3) of this Act, then that subsection 35 (3) is repealed.

(9) If subsection 35 (3) of this Act comes into force before subsection 40(3) of the other Act, then that subsection 40(3) is repealed.

(10) If subsection 40(3) of the other Act comes into force on the same day as subsection 35 (3) of this Act, then that subsection 35 (3) is deemed never to have come into force and is repealed.

(11) On the first day on which both

section 47 of the other Act and

section 46 of this Act are in force,

(

a) section 53.4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act , as enacted by

section 47 of the other Act, is renumbered as

section 53.5 and is repositioned accordingly if required; and

(

b) the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act before paragraph (

a) is replaced by the following:

Disclosure by Centre prohibited

(1) Subject to subsections (3) and (6.1), sections 52, 53.4, 53.5, 55.1, 56.1 and 56.2, subsection 58(1) and sections 65 to 65.1 and 68.1 of this Act and to subsection 12(1) of the Privacy Act , the Centre shall not disclose the following:

PART 1.1

Avoiding Complicity in Mistreatment by Foreign Entities

Avoiding Complicity in Mistreatment by Foreign Entities Act

Enactment of Act

49.1

The Avoiding Complicity in Mistreatment by Foreign Entities Act , whose text is as follows and whose

schedule is set out in the

schedule to this Act, is enacted as follows:

An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity

Preamble

Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians;

Whereas Parliament recognizes that information needs to be disclosed, requested or used in order to enable the Government to fulfill that responsibility;

Whereas that responsibility must be fulfilled in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms ;

Whereas Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Whereas torture is an offence under the Criminal Code , which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture;

And

whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms;

Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the Avoiding Complicity in Mistreatment by Foreign Entities Act .

Definitions

Definitions

The following

definitions apply in this Act.

appropriate Minister means

(

a) with respect to a department named in

Schedule I to the Financial Administration Act , the Minister presiding over the department;

(

b) with respect to a division or branch of the federal public administration set out in column I of

Schedule I.1 to the Financial Administration Act , the Minister set out in column II of that Schedule;

(

c) with respect to a corporation named in

Schedule II to the Financial Administration Act , the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act;

(

d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act , the appropriate Minister as defined in that subsection; or

(

e) with respect to the Canadian Forces, the Minister of National Defence. ( ministre compétent )

department means a department named in

Schedule I to the Financial Administration Act , a division or branch of the federal public administration set out in column I of

Schedule I.1 to that Act, a corporation named in

Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. ( ministère )

deputy head means

(

a) with respect to a department named in

Schedule I to the Financial Administration Act , the deputy minister of that department;

(

b) with respect to the Canadian Forces, the Chief of the Defence Staff;

(

c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;

(

d) with respect to the Canadian Security Intelligence Service, the Director;

(

e) with respect to the Canada Border Services Agency, the President;

(

f) with respect to the Communications Security Establishment, the Chief; and

(

g) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act. ( administrateur général )

mistreatment means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. ( mauvais traitements )

review body means

(

a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act ;

(

b) the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act ; or

(

c) the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act . ( organisme de surveillance )

Directions

Authority to issue

(1) The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of

(

a) the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;

(

b) the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and

(

c) the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.

Obligation to issue

(2) The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads:

(

a) the Chief of the Defence Staff;

(

b) the Deputy Minister of National Defence;

(

c) the Deputy Minister of Foreign Affairs;

(

d) the Commissioner of the Royal Canadian Mounted Police;

(

e) the Director of the Canadian Security Intelligence Service;

(

f) the President of the Canada Border Services Agency; and

(

g) the Chief of the Communications Security Establishment.

Directions not statutory instruments

(3) Directions are not statutory instruments within the meaning of the Statutory Instruments Act .

Amendments to

schedule

The Governor in Council may, by order, amend the

schedule to add a reference to each deputy head to whom directions have been issued under

section 3 or to delete any such reference if the directions that were issued to the deputy head have been repealed or if the deputy head’s position has ceased to exist or has changed name.

Deputy Heads

Directions to be made available to public

Every deputy head to whom directions have been issued under

section 3 must, as soon as feasible after receiving them, make them available to the public.

Copy to be provided

Every deputy head to whom directions have been issued under

section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

Report

(1) Every deputy head to whom directions have been issued under

section 3 must, before March 1 of each year, submit to the appropriate Minister a report in respect of the implementation of those directions during the previous calendar year.

Version available to the public

(2) Every deputy head must, as soon as feasible after submitting a report under subsection (1), make a version of it available to the public that does not contain information

(

a) the disclosure of which would be injurious to national security, national defence or international relations or compromise an ongoing operation or investigation; or

(

b) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

Appropriate Ministers

Obligation to provide copy

(1) As soon as feasible after receiving a report under

section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

Restriction

(2) The copy must not contain any information that the Committee or the relevant review body is not entitled to receive.

Coordinating Amendments

Part 1.1 of this Act

49.2

On the first day on which both sections 2 and 49.1 of this Act are in force,

(

a) section 8 of the National Security and Intelligence Review Agency Act is amended by adding the following after subsection (2.1):

Avoiding Complicity in Mistreatment by Foreign Entities Act

(2.2) In the course of its review of activities carried out by departments, the Review Agency must, each calendar year, review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act .

(

b) the definition review body in

section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is repealed;

(

c) section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:

Copy to be provided

Every deputy head to whom directions have been issued under

section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

(

d) section 8 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:

Obligation to provide copy

(1) As soon as feasible after receiving a report under

section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

Restriction

(2) The copy must not contain any information that the Committee, the Agency or the Commission is not entitled to receive.

PART 2

Intelligence Commissioner

Intelligence Commissioner Act

Enactment of Act

The Intelligence Commissioner Act is enacted as follows:

An Act respecting the office of the Intelligence Commissioner

Short Title

Short title

This Act may be cited as the Intelligence Commissioner Act .

Definition

Definition

In this Act, Commissioner means the Intelligence Commissioner appointed under subsection 4 (1).

Designation of Minister

Order in council

The Governor in Council may, by order, designate a federal minister as the Minister responsible for this Act.

Commissioner

Appointment

(1) The Governor in Council, on the recommendation of the Prime Minister, is to appoint a retired judge of a superior court as the Intelligence Commissioner, to hold office during good behaviour for a term of not more than five years.

Reappointment

(2) A person appointed to be Commissioner is eligible to be reappointed for one additional term of not more than five years.

Part-time

(3) The Commissioner is to perform his or her duties and functions on a part-time basis.

Remuneration

(4) The Commissioner is to be paid the remuneration that may be fixed by the Governor in Council.

Travel and living expenses

(5) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament, while absent from his or her ordinary place of residence.

Deemed employment

(6) The Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under

section 9 of the Aeronautics Act .

Acting Commissioner

(7) In the event of the Commissioner’s absence or incapacity, or if that office is vacant, the Governor in Council is to appoint a retired judge of a superior court to act as Commissioner and, while acting as Commissioner, that person has all the Commissioner’s powers, duties and functions under this or any other Act of Parliament.

Rank of deputy head

The Commissioner has the rank and all the powers of a deputy head of a department and has control and management of his or her office and all matters connected with it.

Personnel

(1) The Commissioner has exclusive authority to

(

a) appoint or lay off employees, revoke their appointment or terminate their employment; and

(

b) establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.

Right of employer

(2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the Commissioner’s right or authority to deal with the matters referred to in subsection (1).

Political activities

(3) Part 7 of the Public Service Employment Act applies to the Commissioner and to his or her employees. For the purposes of that Part, the Commissioner is deemed to be a deputy head, and his or her employees are deemed to be employees, as those terms are defined in subsection 2(1) of that Act.

Powers of Commissioner

In the exercise of his or her authority under subsection 6 (1), the Commissioner may

(

a) determine his or her human resources requirements and provide for the allocation and effective utilization of human resources;

(

b) provide for the classification of positions and employees;

(

c) after consultation with the President of the Treasury Board, determine and regulate the pay to which employees are entitled for services rendered, the hours of work and leave of the employees and any related matters;

(

d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

(

e) determine employees’ learning, training and development requirements and fix the terms on which the learning, training and development may be carried out;

(

f) provide for the awards that may be made to employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

(

g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

(

h) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct;

(

i) establish policies respecting the exercise of the powers granted by this section; and

(

j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the Commissioner considers necessary for effective human resources management.

Negotiation of collective agreements

Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of his or her employees, the Commissioner must have his or her negotiating mandate approved by the President of the Treasury Board.

Technical assistance

The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament and, with the approval of Treasury Board, may fix and pay the remuneration and expenses of those persons.

Oath or solemn affirmation

(1) The Commissioner must, before commencing the duties and functions of office, take the following oath or make the following solemn affirmation:

I, , swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as the Intelligence Commissioner and will not communicate or use without due authority any information obtained in confidence by me in that capacity.

Security clearance

(2) Every employee of the Commissioner and every person whose services are engaged under

section 9 must maintain the security clearance required by the Government of Canada.

Security requirements

(3) The Commissioner and every person referred to in subsection (2) must follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

Disclosure limited

The Commissioner, a former Commissioner, any current or former employee and any person whose services are or were engaged under

section 9 may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this or any other Act of Parliament only for the purpose of exercising those powers or performing those duties and functions or as required by any other law.

Duties and Functions

Review and approval

The Commissioner is responsible, as set out in sections 13 to 20, for

(

a) reviewing the conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act ; and

(

b) if those conclusions are reasonable, approving those authorizations, amendments and determinations.

Foreign Intelligence Authorization

The Commissioner must review whether the conclusions — made under subsections 34(1) and (2) of the Communications Security Establishment Act and on the basis of which a Foreign Intelligence Authorization was issued under subsection 26(1) of that Act — are reasonable.

Cybersecurity Authorization

The Commissioner must review whether the conclusions — made under subsections 34(1) and (3) of the Communications Security Establishment Act and on the basis of which a Cybersecurity Authorization was issued under subsection 27(1) or (2) of that Act — are reasonable.

Amended Authorization

The Commissioner must review whether the conclusions — made under paragraph 39(2)(

a) of the Communications Security Establishment Act and on the basis of which an authorization referred to in

section 13 is amended, or made under paragraph 39(2)(

b) of that Act and on the basis of which an authorization referred to in

section 14 is amended — are reasonable.

Classes of Canadian datasets

The Commissioner must review whether the conclusions — made under subsection 11.03(2) of the Canadian Security Intelligence Service Act and on the basis of which a class of Canadian datasets is determined under subsection 11.03(1) of that Act — are reasonable.

Retention of foreign datasets

The Commissioner must review whether the conclusions — made under subsection 11.17(1) of the Canadian Security Intelligence Service Act and on the basis of which the retention of a foreign dataset was authorized — are reasonable.

Query of dataset in exigent circumstances

The Commissioner must review whether the conclusions — made under subsection 11.22(1) of the Canadian Security Intelligence Service Act and on the basis of which a query of a dataset in exigent circumstances was authorized — are reasonable.

Classes of acts or omissions

The Commissioner must review whether the conclusions — made under subsection 20.1(3) of the Canadian Security Intelligence Service Act and on the basis of which a class of acts or omissions is determined — are reasonable.

Commissioner’s decision

(1) After conducting a review under any of sections 13 to 16 , 18 and 19 , the Commissioner, in a written decision,

(

a) must approve the authorization, amendment or determination if he or she is satisfied that the conclusions at issue are reasonable, and must set out his or her reasons for doing so; or

(

b) must not approve the authorization, amendment or determination if he or she is not so satisfied, and must set out his or her reasons for doing so.

Foreign datasets

(2) After conducting a review under

section 17 , the Commissioner, in a written decision,

(

a) must approve the authorization if he or she is satisfied that the conclusions at issue are reasonable, and must set out his or her reasons for doing so;

(

b) must approve the authorization with conditions — respecting the querying or exploitation of the foreign dataset or the retention or destruction of the dataset or of a portion of it — and provide reasons for doing so, if he or she is satisfied that those conclusions are reasonable once the conditions are attached; or

(

c) must not approve the authorization in any other case and must set out his or her reasons for doing so.

Time limit

(3) The Commissioner must provide the decision to the person whose conclusions are being reviewed

(

a) as soon as feasible, in the case of an authorization referred to in

section 18 ; or

(

b) within 30 days after the day on which the Commissioner receives notice of the authorization, amendment or determination, or within any other period that may be agreed on by the Commissioner and the person, in any other case.

For greater certainty

(4) For greater certainty, a decision of the Commissioner is not a statutory instrument within the meaning of the Statutory Instruments Act .

Decision provided to Review Agency

The Commissioner must provide a copy of every decision made by him or her under

section 20 to the National Security and Intelligence Review Agency for the purpose of assisting that Agency in fulfilling its mandate under paragraphs 8(1)(

a) to (

c) of the National Security and Intelligence Review Agency Act .

Public Report

Report to Prime Minister

(1) The Commissioner must, each calendar year, submit to the Prime Minister a report with respect to the Commissioner’s activities during the previous calendar year. The report must include statistics, that the Commissioner considers appropriate, relating to the authorizations, amendments and determinations that were approved and not approved.

Protection of confidential information

(2) The Commissioner must consult with the Director of the Canadian Security Intelligence Service and the Chief of the Communications Security Establishment in preparing the report in order to ensure that it does not contain information the disclosure of which would be injurious to national security, national defence or international relations or information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

Tabling

(3) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Information

Provision of information to Commissioner

(1) Despite any other Act of Parliament and subject to

section 26 , the person whose conclusions are being reviewed by the Commissioner under any of sections 13 to 19 must, for the purposes of the Commissioner’s review, provide the Commissioner with all information that was before the person in issuing or amending the authorization or making the determination at issue, including information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

No waiver

(2) For greater certainty, the disclosure to the Commissioner under this

section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

Entitlement to reports

The Commissioner is entitled to receive a copy of a report, or part of one, submitted by the National Security and Intelligence Review Agency under subsection 32(1) or 33(1) or

section 34 or 35 of the National Security and Intelligence Review Agency Act , if the report or part relates to the Commissioner’s powers, duties or functions.

Disclosure of information to Commissioner

Despite any other Act of Parliament and any privilege under the law of evidence and subject to

section 26, the following persons or bodies may — for the purpose of assisting the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions — disclose to the Commissioner any information that is not directly related to a specific review under any of sections 13 to 19 :

(

a) the Minister of Public Safety and Emergency Preparedness;

(

b) the Minister , as defined in

section 2 of the Communications Security Establishment Act ;

(

c) the Canadian Security Intelligence Service; and

(

d) the Communications Security Establishment.

No entitlement

The Commissioner is not entitled to have access to information that is a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under

section 39 of the Canada Evidence Act .

Transitional Provisions

Definitions

The following

definitions apply in sections 52 to 59 .

former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act , as it read immediately before the coming into force of

section 68 . ( ancien commissaire )

new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act . ( nouveau commissaire )

Former Commissioner

The person occupying the position of the former Commissioner immediately before the day on which this

section comes into force is, on that day and for the remainder of the term for which he or she was appointed to that position, to become the new Commissioner as if he or she had been appointed under subsection 4(1) of the Intelligence Commissioner Act .

Status continued

(1) Nothing in this Act is to be construed as affecting the status of a person who, immediately before the day on which this

section comes into force, occupied a position with the office of the former Commissioner, except that the person is to occupy their position in the office of the new Commissioner on that day.

For greater certainty

(2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

Powers, duties and functions

A person referred to in

section 53 who was authorized, immediately before the day on which that

section comes into force, by the former Commissioner to exercise certain powers or perform certain duties and functions retains the authority to exercise those powers and perform those duties and functions in the office of the new Commissioner.

Appropriations

Any money that is appropriated by

an Act of Parliament, for the fiscal year in which this

section comes into force, to defray any expenditure of the office of the former Commissioner and that, on the day on which this

section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the office of the new Commissioner.

Rights, property and obligations

Subject to

section 15 , all rights and property of the office of the former Commissioner and of Her Majesty in right of Canada that are under the administration and control of the office of the former Commissioner and all obligations of the office of the former Commissioner are transferred to the office of the new Commissioner.

Contracts

(1) A contract respecting the provision of materiel or services to the office of the former Commissioner that was entered into by that Commissioner is deemed to have been entered into by the new Commissioner.

References

(2) Unless the context otherwise requires, every reference to the former Commissioner in a contract referred to in subsection (1) is to be read as a reference to the new Commissioner.

Commencement of proceedings

(1) Any action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred by the former Commissioner, other than one relating to a complaint or a review before him or her, may be brought against the new Commissioner in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Commissioner.

Pending proceedings

(2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party, other than one relating to a complaint or a review before him or her, and that is pending immediately before the day on which this

section comes into force may be continued by or against the new Commissioner in the same manner and to the same extent as it could have been continued by or against the former Commissioner.

No compensation

Despite the provisions of any contract, agreement or order, the person appointed to hold office as the former Commissioner has no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of

section 68 .

Related and Consequential Amendments

R.S., c. A-1

Access to Information Act

Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

R.S., c. C-5

Canada Evidence Act

Item 20 of the

schedule to the Canada Evidence Act is repealed.

R.S., c. C-23

Canadian Security Intelligence Service Act

Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:

Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act ; ( commissaire )

R.S., c. F-11

Financial Administration Act

Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications

and the corresponding reference in column II to “Minister of National Defence”.

Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

and a corresponding reference in column II to “Prime Minister”.

Schedule V to the Act is amended by adding the following in alphabetical order:

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

Part III of

Schedule VI to the Act is amended by striking out, in column I, the reference to

Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications

and the corresponding reference in column II to “Commissioner of the Communications Security Establishment”.

Part III of

Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

and a corresponding reference in column II to “Intelligence Commissioner”.

R.S., c. N-5

National Defence Act

Section 273.63 of the National Defence Act is repealed.

Subsection 273.65(8) of the Act is repealed.

R.S., c. O-5

Security of Information Act

The

schedule to the Security of Information Act is amended by adding the following in alphabetical order:

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

R.S., c. P-21

Privacy Act

The

schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

R.S., c. P-36

Public Service Superannuation Act

Part I of

Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

Office of the Intelligence Commissioner Bureau du commissaire au renseignement

2015, c. 20, s. 2

Security of Canada Information Disclosure Act

Schedule 2 to the Security of Canada Information Disclosure Act is amended by deleting the following:

Office of the Communications Security Establishment Commissioner Bureau du commissaire du Centre de la sécurité des télécommunications

Coordinating Amendments

2004, c. 15

(1) In this section, other Act means the Public Safety Act, 2002 .

(2) section 78 of the other Act comes into force before

section 68 of this Act, then, on the day on which that

section 68 comes into force,

section 273.9 of the National Defence Act is repealed.

(3) section 68 of this Act comes into force before

section 78 of the other Act, then, on the day on which that

section 78 comes into force,

section 273.9 of the National Defence Act is deemed never to have come into force and is repealed.

(4) section 78 of the other Act comes into force on the same day as

section 68 of this Act, then

section 273.9 of the National Defence Act is deemed never to have come into force and is repealed.

Bill C-22

(1) Subsections (2) and (3) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (referred to in this

section as the “other Act”), receives royal assent.

(2) On the first day on which both

section 2 of the other Act and

section 50 of this Act are in force, the definition department in that

section 2 is replaced by the following:

department means, except in subsection 25(2), a department named in

Schedule I to the Financial Administration Act , a division or branch of the federal public administration — other than a review body or the office of the Intelligence Commissioner — set out in column I of

Schedule I.1 to that Act, a corporation named in

Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. ( ministère )

(3) On the first day on which both

section 21 of the other Act and

section 50 of this Act are in force,

section 24 of the Intelligence Commissioner Act is replaced by the following:

Entitlement to reports

The Commissioner is entitled to receive a copy of the following reports, or of a part of the reports, if the report or

part in question relates to the Commissioner’s powers, duties or functions:

(

a) a special report submitted by the National Security and Intelligence Committee of Parliamentarians under subsection 21(2) of the National Security and Intelligence Committee of Parliamentarians Act ; and

(

b) a report submitted by the National Security and Intelligence Review Agency under subsection 32(1) or 33(1) or

section 34 or 35 of the National Security and Intelligence Review Agency Act .

PART 3

Communications Security Establishment

Communications Security Establishment Act

Enactment of Act

The Communications Security Establishment Act is enacted as follows:

An Act to establish the Communications Security Establishment

Preamble

Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;

Whereas it is essential, to discharge that responsibility, for Canada to have a communications security establishment;

And

whereas it is important that the communications security establishment carry out its activities in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms ;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

This Act may be cited as the Communications Security Establishment Act .

Interpretation

Definitions

The following

definitions apply in this Act.

Canadian means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. ( Canadien )

Chief means the Chief of the Establishment appointed under

section 8 . ( chef )

Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act . ( commissaire )

entity means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state. ( entité )

Establishment means the Communications Security Establishment established under

section 5 . ( Centre )

federal institution includes any of the following institutions of Parliament or the Government of Canada:

(

a) the Senate;

(

b) the House of Commons;

(

c) the Library of Parliament;

(

d) the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service;

(

e) any federal court;

(

f) any board, commission, council, other body or other office established to perform a governmental function by or under

an Act of Parliament, or by or under the authority of the Governor in Council;

(

g) a department as defined in

section 2 of the Financial Administration Act ;

(

h) a Crown corporation established by or under

an Act of Parliament; and

(

i) any other body that is specified by

an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. ( institutions fédérales )

foreign intelligence means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security. ( renseignement étranger )

global information infrastructure includes electromagnetic emissions, any equipment producing such emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, that equipment, those systems or those networks. ( infrastructure mondiale de l’information )

Minister means the Minister of National Defence or, if another federal minister is designated under

section 4 , that minister. ( ministre )

publicly available information means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy. ( information accessible au public )

Review Agency means the National Security and Intelligence Review Agency established under

section 3 of the National Security and Intelligence Review Agency Act . ( Office de surveillance )

terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code . ( groupe terroriste )

unselected , with respect to information, means that the information is acquired, for technical or operational reasons, without the use of terms or criteria to identify information of foreign intelligence interest. ( non sélectionné

e) Principle

Principle

It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a jus