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

Act current to 2021-11-17 and last amended on 2020-11-04. Previous Versions

PART 2Intelligence Commissioner (continued)

Transitional Provisions (continued)

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

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

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

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

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

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

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

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

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

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Coordinating Amendments

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PART 3Communications Security Establishment

Communications Security Establishment Act

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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)

Marginal note:Chief

  •  (1) The Chief of the Communications Security Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed.

  • Marginal note:Employees

    (2) Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76, occupied a position in the former department, except that the employee, on the coming into force of that section, occupies that position in the new department.

Marginal note:Transfer of appropriations

  •  (1) Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.

  • Marginal note:Transfer of powers, duties and functions

    (2) If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department.

Marginal note:Ministerial authorizations

  •  (1) An authorization that was issued under subsection 273.65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal.

  • Marginal note:Repeal

    (2) The Minister may repeal an authorization referred to in subsection (1) at any time.

Marginal note:Arrangements

 Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms.

Marginal note:References

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

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Consequential Amendments

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

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1991, c. 30Public Sector Compensation Act

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

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

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Coordinating Amendments

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PART 4R.S., c. C-23Canadian Security Intelligence Service Act

Amendments to the Act

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Transitional Provisions

Marginal note:Definitions

 The following definitions apply in section 111.

commencement day

commencement day means the day on which section 96 comes into force. (date de référence)

dataset

dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)

Service

Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service)

Marginal note:Datasets collected by Service

 If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day.

PART 52015, c. 20, s. 2Security of Canada Information Sharing Act

Amendments to the Act

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Consequential Amendments

R.S., c. E-15Excise Tax Act

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R.S., c. F-15Department of Fisheries and Oceans Act

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R.S., c. 1 (2nd Supp.)Customs Act

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R.S., c. 1 (5th Supp.)Income Tax Act

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1995, c. 25Chemical Weapons Convention Implementation Act

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2002, c. 22Excise Act, 2001

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PART 62015, c. 20, s. 11Secure Air Travel Act

Amendments to the Act

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Transitional Provision

Marginal note:Continued application

 Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.

PART 7R.S., c. C-46Criminal Code

Amendments to the Act

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