National Security and Intelligence Review Agency Act (S.C. 2019, c. 13, s. 2)

Marginal note:Report of review

34 The Review Agency may submit to the appropriate Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency.

Marginal note:Compliance report

• 35 (1) The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned.

• Marginal note:Report and comments to Attorney General of Canada

  (2) As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances.

• Marginal note:Copy to Review Agency

  (3) The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.

Marginal note:Copy to Intelligence Commissioner

36 The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.

Marginal note:Annual briefing — Canadian Security Intelligence Service

• 37 (1) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.

• Marginal note:Annual briefing — Communications Security Establishment

  (2) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications Security Establishment of its powers, duties and functions.

• Marginal note:Other briefings

  (3) The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.

Public Reports

Marginal note:Report to Prime Minister

• 38 (1) The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.

• Marginal note:Tabling

  (2) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Marginal note:Security of Canada Information Disclosure Act

• 39 (1) The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.

• Marginal note:Tabling

  (2) The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Marginal note:Special report

• 40 (1) If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.

• Marginal note:Tabling

  (2) The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Secretariat

Marginal note:Secretariat established

• 41 (1) The National Security and Intelligence Review Agency Secretariat is established.

• Marginal note:Role

  (2) The Secretariat is to assist the Review Agency in fulfilling its mandate.

Marginal note:Executive director

• 42 (1) There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office.

• Marginal note:Deputy head

  (2) The executive director has the rank and all the powers of a deputy head of a department.

Marginal note:Absence or incapacity

43 If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.

Marginal note:Remuneration and expenses

• 44 (1) The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

• Marginal note:Compensation

  (2) The executive director is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Personnel

• 45 (1) The executive director has exclusive authority to

  • (a) appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and

  • (b) establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.

• Marginal note:Right of employer

  (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1).

• Marginal note:Political activities

  (3) Part 7 of the Public Service Employment Act applies to the executive director and the Secretariat’s employees. For the purposes of that Part, the executive director is deemed to be a deputy head, and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.

Marginal note:Powers of the executive director

46 In exercising his or her authority under subsection 45(1), the executive director may

• (a) determine the human resources requirements of the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat;

• (b) provide for the classification of positions in and employees of the Secretariat;

• (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

• (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

• (e) determine the learning, training and development requirements of the Secretariat employees and fix the terms on which the learning, training and development may be carried out;

• (f) provide for the awards that may be made to Secretariat employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

• (g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

• (h) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of Secretariat employees for reasons other than breaches of discipline or misconduct;

• (i) establish policies respecting the exercise of the powers granted by this section; and

• (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the executive director considers necessary for effective human resources management in the Secretariat.

Marginal note:Negotiation of collective agreements

47 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board.

Marginal note:Technical assistance

48 The executive director may engage the services of persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Security and Confidentiality

Marginal note:Oath or solemn affirmation

49 Each member of the Review Agency must take the following oath or make the following solemn affirmation:

I, , swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.

Marginal note:Compliance with security requirements

50 Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under section 48 must

• (a) maintain the security clearance required by the Government of Canada; and

• (b) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

Marginal note:Disclosure prohibited

51 A member or former member of the Review Agency, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.

Marginal note:Protection of confidential information

• 52 (1) The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege:

  • (a) a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; or

  • (b) a report under subsection 29(2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.

• Marginal note:Additional consultation

  (2) In addition to the consultation set out in subsection (1) and for the same purpose, the Review Agency must consult with the Director

  • (a) in preparing a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act;

  • (b) in preparing a report under subsection 29(3) of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act; or

  • (c) if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)(b).

Marginal note:Independence of peace officer

53 The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.

General

Marginal note:Powers not limited

54 Nothing in this Act is to be construed as limiting the power of any body or person that is authorized under an Act of Parliament to conduct a review or investigation in relation to any activity of a department.

Governor in Council Powers

Marginal note:Designations

55 The Governor in council may, by order, designate

• (a) a federal Minister as the Minister responsible for this Act;

• (b) any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (e) of the definition deputy head in section 2; and

• (c) a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (f) of the definition deputy head in section 2.