Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Act current to 2016-06-21 and last amended on 2015-06-18. Previous Versions

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

Security Intelligence Review Committee

Marginal note:Security Intelligence Review Committee
  •  (1) There is hereby established a committee, to be known as the Security Intelligence Review Committee, consisting of a Chairman and not less than two and not more than four other members, all of whom shall be appointed by the Governor in Council from among members of the Queen’s Privy Council for Canada who are not members of the Senate or the House of Commons, after consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House.

  • Marginal note:Term of office

    (2) Each member of the Review Committee shall be appointed to hold office during good behaviour for a term not exceeding five years.

  • Marginal note:Re-appointment

    (3) A member of the Review Committee is eligible to be re-appointed for a term not exceeding five years.

  • Marginal note:Expenses

    (4) Each member of the Review Committee is entitled to be paid, for each day that the member performs duties and functions under this Act, such remuneration as is fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the member in the performance of those duties and functions.

  • 1984, c. 21, s. 34.
Marginal note:Chairman of the Review Committee
  •  (1) The Chairman of the Review Committee is the chief executive officer of the Committee.

  • Marginal note:Acting Chairman of the Review Committee

    (2) The Chairman of the Review Committee may designate another member of the Committee to act as the Chairman in the event of the absence or incapacity of the Chairman and, if no such designation is in force or the office of Chairman is vacant, the Minister may designate a member of the Committee to act as the Chairman.

  • 1984, c. 21, s. 35.
Marginal note:Staff of Review Committee

 The Review Committee may, with the approval of the Treasury Board,

  • (a) engage a secretary and such other staff as it requires; and

  • (b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).

  • 1984, c. 21, s. 36.
Marginal note:Compliance with security requirements

 Every member of the Review Committee and every person engaged by it shall comply with all security requirements applicable by or under this Act to an employee and shall take the oath of secrecy set out in the schedule.

  • 1984, c. 21, s. 37.
Marginal note:Functions of Review Committee
  •  (1) The functions of the Review Committee are

    • (a) to review generally the performance by the Service of its duties and functions and, in connection therewith,

      • (i) [Repealed, 2012, c. 19, s. 381]

      • (ii) to review directions issued by the Minister under subsection 6(2),

      • (iii) to review arrangements entered into by the Service pursuant to subsections 13(2) and (3) and 17(1) and to monitor the provision of information and intelligence pursuant to those arrangements,

      • (iv) to review any report or comment given to it pursuant to subsection 20(4),

      • (v) to monitor any request referred to in paragraph 16(3)(a) made to the Service,

      • (vi) to review the regulations, and

      • (vii) to compile and analyse statistics on the operational activities of the Service;

    • (b) to arrange for reviews to be conducted, or to conduct reviews, pursuant to section 40; and

    • (c) to conduct investigations in relation to

  • Marginal note:Review of measures

    (1.1) In reviewing the performance by the Service of its duties and functions the Review Committee shall, each fiscal year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

  • Marginal note:Review Committee’s other functions

    (2) As soon as the circumstances permit after receiving a copy of a report referred to in subsection 6(4), the Review Committee shall submit to the Minister a certificate stating the extent to which it is satisfied with the report and whether any of the Service’s operational activities described in the report, in its opinion,

    • (a) is not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or

    • (b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.

  • R.S., 1985, c. C-23, s. 38;
  • 2001, c. 27, s. 225;
  • 2012, c. 19, s. 381;
  • 2015, c. 20, s. 50.
Marginal note:Committee procedures
  •  (1) Subject to this Act, the Review Committee may determine the procedure to be followed in the performance of any of its duties or functions.

  • Marginal note:Access to information

    (2) Despite subsection 18.1(2), any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (3), the Review Committee is entitled

    • (a) to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Committee and to receive from the Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and

    • (b) during any investigation referred to in paragraph 38(c), to have access to any information under the control of the deputy head concerned that is relevant to the investigation.

  • Marginal note:Idem

    (3) No information described in subsection (2), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.

  • R.S., 1985, c. C-23, s. 39;
  • 2012, c. 19, s. 382;
  • 2015, c. 9, s. 9.
Marginal note:Review
  •  (1) For the purpose of ensuring that the activities of the Service are carried out in accordance with this Act, the regulations and directions issued by the Minister under subsection 6(2) and that the activities do not involve any unreasonable or unnecessary exercise by the Service of any of its powers, the Review Committee may

    • (a) direct the Service to conduct a review of the Service’s specific activities and provide the Committee with a report on the review; or

    • (b) if it considers that a review by the Service would be inappropriate, conduct such a review itself.

  • Marginal note:Report of findings

    (2) On completion of a review conducted under subsection (1), the Review Committee shall provide the Minister and the Director with the following:

    • (a) in the case of a review conducted by the Service, the Service’s report to the Committee along with any recommendations that the Committee considers appropriate; and

    • (b) in the case of a review conducted by the Committee, its own report, which is to contain the findings of the review and any recommendations that the Committee considers appropriate.

  • R.S., 1985, c. C-23, s. 40;
  • 2012, c. 19, s. 383.
 
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