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National Security Act, 2017 (S.C. 2019, c. 13)

Act current to 2019-08-28 and last amended on 2019-08-01. Previous Versions

National Security Act, 2017

S.C. 2019, c. 13

Assented to 2019-06-21

An Act respecting national security matters

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

Marginal note:Short title

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

PART 1National Security and Intelligence Review Agency

National Security and Intelligence Review Agency Act

 [Amendments]

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 4 to 17.

former Commissioner

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

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

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

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note:Managerial or confidential position

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note:First report

Marginal note: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.

  • Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

  • Marginal note: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-1Access to Information Act

 [Amendments]

 [Amendments]

R.S. c. C-5Canada Evidence Act

 [Amendments]

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

 [Amendments]

 [Amendments]

 
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