National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
National Security Act, 2017
S.C. 2019, c. 13
Assented to 2019-06-21
An Act respecting national security matters
RECOMMENDATION
His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting national security matters”.
SUMMARY
Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.
Part 1.1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.
Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, amendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.
Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to
(a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;
(c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;
(d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;
(e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;
(f) make amendments to the warrant regime that are related to datasets; and
(g) implement measures for the management of datasets.
Part 5 amends the Security of Canada Information Sharing Act to, among other things,
(a) emphasize that the Act addresses only the disclosure of information and not its collection or use;
(b) clarify the definition of “activity that undermines the security of Canada”;
(c) clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;
(d) provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;
(e) require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and
(f) require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.
Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.
Part 7 amends the Criminal Code to, among other things,
(a) make certain procedural modifications to the terrorist listing regime under section 83.05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;
(b) change the offence of advocating or promoting terrorism offences in general, in section 83.21, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;
(c) raise one of the thresholds for imposing a recognizance with conditions under section 83.3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
(d) repeal sections 83.28 and 83.29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.31(1) and (1.1), which require annual reports on such hearings;
(e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.011 in the previous year; and
(f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.2, to make orders for the protection of witnesses.
Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.
Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the fourth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.
Preamble
Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians;
Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms;
Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms;
Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;
Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities;
Whereas those institutions must always be vigilant in order to uphold public safety;
Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians;
Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015;
And whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the National Security Act, 2017.
PART 1National Security and Intelligence Review Agency
National Security and Intelligence Review Agency Act
Marginal note:Enactment of Act
2 The National Security and Intelligence Review Agency Act is enacted as follows:
An Act to establish the National Security and Intelligence Review Agency
Short Title
Marginal note:Short title
1 This Act may be cited as the National Security and Intelligence Review Agency Act.
Definitions
Marginal note:Definitions
2 The following definitions apply in this Act.
- appropriate Minister
appropriate Minister means
(a) with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;
(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 a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or
(e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)
- department
department means, other than in subsection 42(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 and 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)
- deputy head
deputy head means, except in section 42,
(a) with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department;
(b) with respect to the Canadian Forces, the Chief of the Defence Staff;
(c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;
(d) with respect to the Canadian Security Intelligence Service, the Director;
(e) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and
(f) with respect to any inquiry established under the Inquiries Act, if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. (administrateur général)
- Director
Director means the Director of the Canadian Security Intelligence Service. (directeur)
- Review Agency
Review Agency means the National Security and Intelligence Review Agency established under section 3. (Office de surveillance)
- review body
review body means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (organisme de surveillance)
Review Agency and Members
Marginal note:Review Agency established
3 The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.
Marginal note:Appointment of members
4 (1) The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency.
Marginal note:Consultation
(2) A member may be appointed to the Review Agency only after consultation by the Prime Minister with
(a) the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act;
(b) the leader of every caucus and of every recognized group in the Senate;
(c) the Leader of the Opposition in the House of Commons; and
(d) the leader in the House of Commons of each party having at least twelve members in that House.
Marginal note:Term of office
(3) Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.
Marginal note:Reappointment
(4) Each member of the Review Agency, on the expiry of their first term of office, is eligible to be reappointed for one further term.
Marginal note:Designation of Chair
(5) The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency.
Marginal note:Designation of Vice-chair
(6) The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency.
Marginal note:Full- or part-time members
(7) The Chair and Vice-chair may be designated to hold office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis.
Marginal note:Acting Chair
5 (1) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.
Marginal note:Limit
(2) No member designated under subsection (1) may act as the Chair for more that 90 days without the approval of the Governor in Council.
Marginal note:Remuneration and expenses
6 (1) Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence.
Marginal note:Office held on full-time basis
(2) The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work.
Marginal note:Acts and regulations applicable
7 Each member of the Review Agency is deemed 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. Each full-time member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
Marginal note:Agency procedures
7.1 Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.
Mandate
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:
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
Access to Information
Marginal note:Right of access — reviews
9 (1) Despite any other Act of Parliament and subject to section 12, the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department.
Marginal note:Protected information
(2) Under subsection (1), the Review Agency is entitled to have access to information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
Marginal note:For greater certainty
(3) For greater certainty, the disclosure to the Review Agency under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
Marginal note:Right of access — complaints
10 Despite any other Act of Parliament and any privilege under the law of evidence and subject to section 12, the Review Agency is entitled to have access in a timely manner to the following information:
(a) in relation to a complaint made under subsection 16(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;
(b) in relation to a complaint made under subsection 17(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;
(c) in relation to a complaint made under subsection 18(3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and
(d) in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of the review body, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.
Marginal note:Documents and explanations
11 (1) Under sections 9 and 10, the Review Agency is entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions.
Marginal note:Decision — Review Agency
(2) For the purposes of sections 9 and 10, the Review Agency is entitled to decide whether information relates to the review or complaint in question.
Marginal note:Inconsistency or conflict
(3) In the event of any inconsistency or conflict between sections 9 and 10 and any provision of an Act of Parliament other than this Act, section 9 or 10 prevails to the extent of the inconsistency or conflict.
Marginal note:Exception
12 The Review Agency is not entitled to have access to a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.
Review Body
Marginal note:Cooperation
13 The Review Agency and the review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Agency and the review body in relation to the fulfilment of their respective mandates.
Marginal note:Provision of information to Review Agency
14 (1) Despite any provision of any other Act of Parliament — including section 45.47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), the review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)(a) to (c).
Marginal note:Exception
(2) The review body must not provide to the Review Agency information that is referred to in section 12.
Marginal note:Provision of information to review body
15 (1) The Review Agency may provide to the review body information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of the review body’s mandate under subsection 45.34(1) of the Royal Canadian Mounted Police Act.
Marginal note:Exception
(2) The Review Agency must not provide to the review body information that is referred to in subsection 45.42(1) of the Royal Canadian Mounted Police Act.
Coordination
Marginal note:Coordination with Privacy Commissioner
15.1 (1) When fulfilling its mandate under any of paragraphs 8(1)(a) to (c), the Review Agency may coordinate its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.
Marginal note:Provision of information
(2) The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)(a) to (c).
Complaints
Marginal note:Complaints — Canadian Security Intelligence Service
16 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if
(a) the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and
(b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Marginal note:Other redress available
(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act.
Marginal note:Complaints — Communications Security Establishment
17 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if
(a) the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and
(b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Marginal note:Other redress available
(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Federal Public Sector Labour Relations Act.
Marginal note:Denial of security clearance
18 (1) If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.
Marginal note:Denial of security clearance
(2) If, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance.
Marginal note:Receipt and investigation of complaints
(3) The Review Agency must receive and investigate a complaint from
Marginal note:Time within which complaint is to be made
(4) A complaint under subsection (3) must be made within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows.
Marginal note:Complaints — Royal Canadian Mounted Police
19 The Review Agency must receive and investigate a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act if the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Marginal note:Complaints submitted on behalf of complainants
20 Nothing in this Act precludes the Review Agency from receiving and investigating complaints referred to in subsections 16(1), 17(1) and 18(3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized.
Marginal note:Written complaint
21 A complaint under subsection 16(1), 17(1) or 18(3) must be made to the Review Agency in writing unless the Agency authorizes otherwise.
Marginal note:Statement to complainant
22 The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18(3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.
Informal Resolution
Marginal note:Informal resolution
23 (1) The Review Agency may attempt to resolve the complaint informally.
Marginal note:Agreement to informal resolution in writing
(2) The resolution of a complaint through an informal process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.
Investigations
Marginal note:Notice of intention to investigate
24 Before commencing an investigation referred to in subsection 18(3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.
Marginal note:Investigations in private
25 (1) Every investigation by the Review Agency is to be conducted in private.
Marginal note:Right to make representations
(2) In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18(3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.
Marginal note:Canadian Human Rights Commission may comment
26 In the course of an investigation of a complaint, the Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.
Marginal note:Powers of Review Agency
27 The Review Agency has, in relation to the investigation of any complaint, the power
(a) to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;
(b) to administer oaths; and
(c) to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law.
Marginal note:Duty to suspend
27.1 Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.
Marginal note:Evidence in other proceedings
28 Except in a prosecution under section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.
Marginal note:Report of findings
29 (1) The Review Agency must,
(a) on completion of an investigation in relation to a complaint under subsection 16(1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate;
(b) on completion of an investigation in relation to a complaint under subsection 17(1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and
(c) on completion of an investigation in relation to a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.
Marginal note:Complainant
(2) After providing a report under any of paragraphs (1)(a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.
Marginal note:Report — denial of security clearance
(3) On completion of an investigation in relation to a complaint under subsection 18(3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.
Marginal note:Review Agency member authorized to act alone
30 A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of the Agency under sections 16 to 29 in relation to complaints.
Departmental Study
Marginal note:Power — Review Agency
31 (1) For the purpose of ensuring that a department’s activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities.
Marginal note:Report
(2) A department that conducts a study under subsection (1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.
Reports to Ministers
Marginal note:Annual report — Canadian Security Intelligence Service
32 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period.
Marginal note:Contents of report
(2) The annual report must include information relating to
Marginal note:Annual report — Communications Security Establishment
33 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period.
Marginal note:Contents of report
(2) The annual report must include information relating to
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.
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