Assented to 2017-06-22
An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1 This Act may be cited as the National Security and Intelligence Committee of Parliamentarians Act.
2 The following definitions apply in this Act.
- appropriate Minister
appropriate Minister means
(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 the Canadian Forces, the Minister of National Defence. (ministre compétent)
Committee means the National Security and Intelligence Committee of Parliamentarians established by section 4. (Comité)
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)
- review body
review body means
Secretariat means the Secretariat of the National Security and Intelligence Committee of Parliamentarians established by subsection 24(1). (Secrétariat)
- 2017, c. 15, s. 2
- 2019, c. 13, s. 49
- 2019, c. 13, s. 75
Designation of Minister
Marginal note:Power of Governor in Council
3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
Committee and Members
Marginal note:Committee established
4 (1) The National Security and Intelligence Committee of Parliamentarians is established, consisting of a Chair and up to 10 other members, each of whom must be a member of either House of Parliament other than a minister of the Crown, a minister of state or a parliamentary secretary.
(2) The Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who are members of the House of Commons may be members of the government party.
Marginal note:Not a committee of Parliament
(3) The Committee is not a committee of either House of Parliament or of both Houses.
Marginal note:Appointment of members
5 (1) The members of the Committee are to be appointed by the Governor in Council, on the recommendation of the Prime Minister, to hold office during pleasure until the dissolution of Parliament following their appointment.
Marginal note:Nomination deadline
(1.1) After a general election, the members of the Committee are to be appointed within 60 days after the day on which Parliament is summoned to sit.
(2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act and the leader of every caucus and of every recognized group in the Senate.
Marginal note:Members of other parties
(3) A member of the House of Commons who belongs to a party that is not the government party and that has a recognized membership of 12 or more persons in that House may be appointed to the Committee only after the Prime Minister has consulted with the leader of that party.
Marginal note:Ceasing to be member
(4) A member of the Committee ceases to be a member on being appointed a minister of the Crown, a minister of state or a parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
(5) A member may resign by notifying the Prime Minister in writing of their intention to resign and the member ceases to be a member on the day on which the Prime Minister receives the notification or on the date specified in the notification, whichever is later.
Marginal note:Designation of Chair
Marginal note:Absence or incapacity
(2) If the Chair is absent or incapacitated or the office of Chair is vacant, the Committee may designate one of its other members to act as Chair, but the member must not be so designated for more than 90 days without the Governor in Council’s approval.
7 Each member of the Committee is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the member in the exercise of their powers or the performance of their duties or functions.
Mandate of Committee
Marginal note:Review of national security matters
(a) the legislative, regulatory, policy, administrative and financial framework for national security and intelligence;
(b) any activity carried out by a department that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security; and
(c) any matter relating to national security or intelligence that a minister of the Crown refers to the Committee.
Marginal note:Review injurious to national security
(2) If the appropriate Minister determines that a review would be injurious to national security, he or she must inform the Committee of his or her determination and the reasons for it.
Marginal note:Review no longer injurious
(3) If the appropriate Minister determines that the review would no longer be injurious to national security or if the appropriate Minister is informed that the activity is no longer ongoing, he or she must inform the Committee that the review may be conducted.
9 The Committee and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Committee and that review body in relation to the fulfilment of their respective mandates.
Security and Confidentiality
Marginal note:Compliance with security requirements
10 Each member of the Committee must
(a) obtain and maintain the necessary security clearance from the Government of Canada;
(b) take the oath or solemn affirmation set out in the schedule; and
(c) comply with the procedures and practices set out in the regulations.
Marginal note:Disclosure prohibited
11 (1) Subject to subsection (2), a member or former member of the Committee, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat must not knowingly disclose any information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties or functions under this Act and that a department is taking measures to protect.
(2) A person referred to in subsection (1) may disclose information referred to in that subsection for the purpose of exercising their powers or performing their duties or functions under this Act or as required by any other law.
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