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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

PART 1National Security and Intelligence Review Agency (continued)

Related and Consequential Amendments (continued)

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

 [Amendments]

R.S., c. C-29Citizenship Act

 [Amendments]

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R.S., c. F-11Financial Administration Act

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R.S., c. H-6Canadian Human Rights Act

 [Amendments]

 [Amendments]

R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act

 [Amendments]

 [Amendments]

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R.S., c. P-21Privacy Act

 [Amendments]

 [Amendments]

 [Amendments]

 [Amendments]

R.S., c. P-36Public Service Superannuation Act

 [Amendments]

R.S., c. R-10Royal Canadian Mounted Police Act

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 [Amendments]

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1991, c. 30Public Sector Compensation Act

 [Amendments]

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2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 [Amendments]

 [Amendments]

Coordinating Amendments

 [Amendments]

 [Amendments]

PART 1.1Avoiding Complicity in Mistreatment by Foreign Entities

Avoiding Complicity in Mistreatment by Foreign Entities Act

 [Amendments]

Coordinating Amendments

 [Amendments]

PART 2Intelligence Commissioner

Intelligence Commissioner Act

 [Amendments]

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 52 to 59.

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)

new Commissioner

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

Marginal note: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.

Marginal note: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.

  • Marginal note:For greater certainty

    (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 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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note: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-1Access to Information Act

 [Amendments]

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

 [Amendments]

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

 [Amendments]

R.S., c. F-11Financial Administration Act

 [Amendments]

 [Amendments]

 [Amendments]

 [Amendments]

 [Amendments]

R.S., c. N-5National Defence Act

 [Amendments]

 [Amendments]

R.S., c. O-5Security of Information Act

 [Amendments]

R.S., c. P-21Privacy Act

 [Amendments]

R.S., c. P-36Public Service Superannuation Act

 [Amendments]

2015, c. 20, s. 2Security of Canada Information Disclosure Act

 [Amendments]

Coordinating Amendments

 [Amendments]

 [Amendments]

PART 3Communications Security Establishment

Communications Security Establishment Act

 [Amendments]

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 78 to 82.

former department

former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère)

new department

new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère)

 
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