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Regulations Adapting the Employment Equity Act in Respect of the Canadian Security Intelligence Service (SOR/2002-423)

Regulations are current to 2019-11-19 and last amended on 2013-05-09. Previous Versions

Adaptation of Part II of the Act (continued)

 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.

 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

 These Regulations come into force on the day on which they are registered.

 
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