National Security and Intelligence Review Agency Act

Marginal note:Review and investigation

• 8 (1) The mandate of the Review Agency is to

  • (a) review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment;

  • (b) review any activity carried out by a department that relates to national security or intelligence;

  • (c) review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and

  • (d) investigate

    • (i) any complaint made under subsection 16(1), 17(1) or 18(3),

    • (ii) any complaint referred to the Agency under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,

    • (iii) reports made to the Agency under section 19 of the Citizenship Act, and

    • (iv) matters referred to the Agency under section 45 of the Canadian Human Rights Act.

• Marginal note:Review of measures

  (2) In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

• Marginal note:Review — ministerial direction

  (2.1) The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following:

  • (a) the Canadian Security Intelligence Service;

  • (b) the Communications Security Establishment; and

  • (c) any other department if the ministerial direction relates to national security or intelligence.

• Marginal note:Avoiding Complicity in Mistreatment by Foreign Entities Act

  (2.2) In the course of its review of activities carried out by departments, the Review Agency must, each calendar year, review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act.

• Marginal note:Findings and recommendations

  (3) In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to

  • (a) a department’s compliance with the law and any applicable ministerial directions; and

  • (b) the reasonableness and necessity of a department’s exercise of its powers.