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

Version of section 5 from 2006-03-22 to 2013-05-08:


 The Act is adapted by adding the following after section 28:

  • 28.1 (1) When a Tribunal is formed to deal with a matter concerning the Service, the Tribunal shall, before hearing the matter, notify the Director.

  • (2) After the Director receives the notice, the Director shall forthwith determine whether the proceedings are likely to involve national security information.

  • (3) If the Director determines that the proceedings of the Tribunal are likely to involve national security information, the Director shall notify the Tribunal and the Commission of

    • (a) the level at which the national security information is classified pursuant to the Security Policy, as amended from time to time, published by the Treasury Board of Canada Secretariat;

    • (b) the portions of the Tribunal proceedings that must be conducted in camera; and

    • (c) the security requirements that the Tribunal must apply to any person present during the in camera portions of the Tribunal proceedings.

  • (4) The Service, the Commission and the Tribunal shall decide on the sequence of the in camera and public portions of the proceedings.

28.2 For the purposes of section 28.1, a declaration of the Director that proceedings of the Tribunal are likely to involve national security information is conclusive proof of that fact.

28.3 At the request of the Tribunal, the Service shall prepare a summary — that does not contain national security information — of the information disclosed during the in camera portions of the special proceedings, and the summary becomes part of the public record of the proceedings.

28.4 The parties appearing during the in camera portions of the special proceedings

  • (a) shall satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of national security information; and

  • (b) shall not disclose or permit to be disclosed any national security information revealed during the in camera portions of the special proceedings.

28.5 The Tribunal shall conduct the in camera portions of the special proceedings in a secure room in Ottawa provided by the Service or in any other secure room designated by the Director.

28.6 The Tribunal shall store all exhibits and other documents relating to special proceedings in a secure container and shall not disclose them except in accordance with this Act.

28.7 A person who is present at special proceedings and who is not Commission staff may examine any exhibit that contains national security information and that was entered in the person’s presence only if

  • (a) the Tribunal approves;

  • (b) the person possesses the requisite security clearance for the national security information; and

  • (c) the examination is conducted in the presence of a Tribunal officer or an employee of the Service who possesses the requisite security clearance for the national security information.

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