Adaptation of Part II of the Act (continued)
6 The Act is adapted by adding the following after section 29:
29.1 (1) After a Tribunal holds special proceedings, the Tribunal shall provide the Director with a copy of its decision 30 days before the decision is intended to be released to any person.
(2) The Director shall forthwith review the decision for the sole purpose of determining whether the decision contains national security information and shall within a reasonable time notify the Tribunal of the Director’s determination.
29.2 A declaration of the Director that a decision of a Tribunal contains national security information is evidence of that fact and, on receiving such a declaration, the Tribunal must ensure that, before the decision is released to the parties, the decision is revised so that no national security information is revealed in the decision.
- SOR/2013-94, s. 5.
7 The Act is adapted by adding the following after section 34:
Surrender of Documents
34.1 A compliance officer shall surrender to the Service all documents that contain national security information
(a) when the Service has complied with its obligations under this Act;
(b) when the Service has complied with an undertaking referred to in section 25; or
(c) 30 days after the making of an order of a Tribunal if there is no judicial review, or 30 days after a judicial review or any appeal of the judicial review becomes final.
34.2 (1) A Tribunal shall surrender to the Service, within 30 days after the day on which an order of a Tribunal in respect of special proceedings is made, all documents that form part of the public record of the proceedings and the Service shall retain the documents for two years.
(2) The Tribunal shall place all other documents of the special proceedings in a sealed envelope bearing the appropriate security classification and shall, within the period referred to in subsection (1), surrender the envelope to the Service for destruction.
(2.1) Subsections (1) and (2) apply when there is no application for judicial review.
(3) If there is an application for judicial review, a judicial review or an appeal from the judicial review, the Tribunal shall surrender the documents referred to in subsections (1) and (2) within the latest of
(a) 30 days after an application for judicial review is withdrawn or a decision of a court refusing an application for judicial review,
(b) 30 days after a decision on a judicial review of the special proceedings, and
(c) 30 days after a decision on the last appeal of a judicial review of the special proceedings.
- SOR/2013-94, s. 3.
Coming into Force
8 These Regulations come into force on the day on which they are registered.
- Date modified: