Regulations Adapting the Employment Equity Act in Respect of the Canadian Security Intelligence Service

Version of section 3 from 2006-03-22 to 2013-05-08:


 Section 23 of the Act is adapted as follows:

  • 23 (1) For the purposes of ensuring compliance with the provisions referred to in subsection 22(1), a compliance officer may conduct a compliance audit of an employer and, for that purpose, may

    • (a) at any reasonable time, enter any place in which the officer believes on reasonable grounds there is any thing relevant to the enforcement of any of those provisions; and

    • (b) require any person to produce for examination or copying any record, book of account or other document that the officer believes on reasonable grounds contains information that is relevant to the enforcement of any of those provisions.

  • (2) In conducting a compliance audit, a compliance officer may

    • (a) reproduce or cause to be reproduced any record from a data processing system in the form of a printout or other intelligible output and remove the printout or other output for examination and copying; and

    • (b) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

  • (2.1) Despite subsections (1) and (2), in conducting a compliance audit of the Service that involves national security information, a compliance officer

    • (a) shall review documents containing national security information only in a secure room provided by the Service;

    • (b) shall not reproduce the whole or part of any document containing national security information, but may make written summaries of any such document by any means; and

    • (c) shall not remove a document containing national security information from the secure room, but may remove the summaries, personal notes, draft reports or other documents prepared by the officer that contain national security information.

  • (2.2) A compliance officer shall store the summaries and any other document prepared by the compliance officer that contain national security information in a secure container at the officer’s workplace.

  • (2.3) If national security information was reviewed by a compliance officer during a compliance audit of the Service, the compliance officer shall provide the Director with a copy of any report, direction, request for undertaking or other document prepared by the officer as a result of the audit before the document is disclosed to any person who is not Commission staff or who is not a member of a Tribunal. The Director shall forthwith review the document for the sole purpose of determining whether it contains national security information.

  • (2.4) For the purposes of subsections (2.1) to (2.3), a declaration of the Director that information is national security information is conclusive proof of that fact.

  • (2.5) If the Director makes a declaration with respect to information contained in a document provided under subsection (2.3), the compliance officer shall ensure that the national security information is removed forthwith from the document.

  • (3) Compliance officers shall be furnished with certificates in a form established by the Commission certifying their designation as compliance officers and, on entering a place under paragraph (1)(a), a compliance officer shall show the certificate to the person in charge of the place if the person requests proof of the officer’s designation.

  • (4) The person in charge of a place entered pursuant to paragraph (1)(a) and every person found in the place shall

    • (a) give the compliance officer all reasonable assistance to enable the officer to exercise the powers conferred on compliance officers by this section; and

    • (b) provide the officer with any information relevant to the enforcement of this Act or the regulations that the officer may reasonably require.

  • (5) When the Service is advised by a portion of the public service of Canada or other portion of the public sector referred to in subsection 4(1) that a compliance audit may lead to the disclosure of national security information that was provided to it by the Service, the Service shall examine all relevant documents held by that portion of the public service or public sector for the sole purpose of determining whether the documents contain national security information.

  • (6) For the purposes of subsection (5), a declaration of the Director that information is national security information is conclusive proof of that fact.

  • (7) If the Director makes a declaration with respect to information contained in a document examined under subsection (5), the portion of the public service or public sector that was provided with the document shall ensure that the national security information is removed from the document.

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