C-2214264-65-66Elizabeth II2015-2016-2017An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain ActsNational Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, An Act to establish theNational Security and Intelligence Committee of Parliamentarians Act20174
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90807RECOMMENDATIONHis 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 to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts”.SUMMARYThis enactment establishes the National Security and Intelligence Committee of Parliamentarians and sets out its composition and mandate. In addition, it establishes the Committee’s Secretariat, the role of which is to assist the Committee in fulfilling its mandate. It also makes consequential amendments to certain Acts.TABLE OF PROVISIONSAn Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain ActsShort TitleNational Security and Intelligence Committee of Parliamentarians ActInterpretationDefinitionsDesignation of MinisterPower of Governor in CouncilCommittee and MembersCommittee establishedAppointment of membersDesignation of ChairExpensesMandate of CommitteeReview of national security mattersCooperationSecurity and ConfidentialityCompliance with security requirementsDisclosure prohibitedParliamentary privilegeAccess to InformationRight of accessExceptionsRequest for informationRefusal of informationProcedureMeetings — call of ChairMeetings held in privateVotingProcedureReportsAnnual reportReview BodiesProvision of information to CommitteeProvision of information to review bodiesSecretariatSecretariat establishedExecutive directorAbsence or incapacityRemuneration and expensesChief executive officerContracts, etc.EmployeesGeneral ProvisionsFinal decisionCompliance of activityExpenses — appearance before CommitteeRegulationsReview of Act after five yearsConsequential AmendmentsAccess to Information ActFinancial Administration ActSecurity of Information ActParliament of Canada ActPrivacy ActProceeds of Crime (Money Laundering) and Terrorist Financing ActConflict of Interest ActComing into ForceOrder in councilHer Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the National Security and Intelligence Committee of Parliamentarians Act.InterpretationDefinitionsThe following definitions apply in this Act.appropriate Minister meanswith respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;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;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;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; orwith respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)Committee means the National Security and Intelligence Committee of Parliamentarians established by section 4. (Comité)department means, except in subsection 25(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 — 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)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;the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act; orthe Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act. (organisme de surveillance)Secretariat means the Secretariat of the National Security and Intelligence Committee of Parliamentarians established by subsection 24(1). (Secrétariat)Designation of MinisterPower of Governor in CouncilThe Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.Committee and MembersCommittee establishedThe National Security and Intelligence Committee of Parliamentarians is established, consisting of a Chair and up to 10 other members, each of whom must be a member of either House of Parliament other than a minister of the Crown, a minister of state or a parliamentary secretary.MembersThe Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who are members of the House of Commons may be members of the government party.Not a committee of ParliamentThe Committee is not a committee of either House of Parliament or of both Houses.Appointment of membersThe members of the Committee are to be appointed by the Governor in Council, on the recommendation of the Prime Minister, to hold office during pleasure until the dissolution of Parliament following their appointment.Nomination deadlineAfter a general election, the members of the Committee are to be appointed within 60 days after the day on which Parliament is summoned to sit.ConsultationA member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act and the leader of every caucus and of every recognized group in the Senate.Members of other partiesA member of the House of Commons who belongs to a party that is not the government party and that has a recognized membership of 12 or more persons in that House may be appointed to the Committee only after the Prime Minister has consulted with the leader of that party.Ceasing to be memberA member of the Committee ceases to be a member on being appointed a minister of the Crown, a minister of state or a parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.ResignationA member may resign by notifying the Prime Minister in writing of their intention to resign and the member ceases to be a member on the day on which the Prime Minister receives the notification or on the date specified in the notification, whichever is later.Designation of ChairThe Governor in Council is to designate the Chair of the Committee from among the members of the Committee, on the recommendation of the Prime Minister.Absence or incapacityIf the Chair is absent or incapacitated or the office of Chair is vacant, the Committee may designate one of its other members to act as Chair, but the member must not be so designated for more than 90 days without the Governor in Council’s approval.ExpensesEach member of the Committee is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the member in the exercise of their powers or the performance of their duties or functions.Mandate of CommitteeReview of national security mattersThe mandate of the Committee is to reviewthe legislative, regulatory, policy, administrative and financial framework for national security and intelligence;any activity carried out by a department that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security; andany matter relating to national security or intelligence that a minister of the Crown refers to the Committee.Review injurious to national securityIf the appropriate Minister determines that a review would be injurious to national security, he or she must inform the Committee of his or her determination and the reasons for it. Review no longer injuriousIf the appropriate Minister determines that the review would no longer be injurious to national security or if the appropriate Minister is informed that the activity is no longer ongoing, he or she must inform the Committee that the review may be conducted.CooperationThe Committee and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Committee and that review body in relation to the fulfilment of their respective mandates.Security and ConfidentialityCompliance with security requirementsEach member of the Committee mustobtain and maintain the necessary security clearance from the Government of Canada;take the oath or solemn affirmation set out in the schedule; andcomply with the procedures and practices set out in the regulations.Disclosure prohibitedSubject to subsection (2), a member or former member of the Committee, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat must not knowingly disclose any information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties or functions under this Act and that a department is taking measures to protect.ExceptionsA person referred to in subsection (1) may disclose information referred to in that subsection for the purpose of exercising their powers or performing their duties or functions under this Act or as required by any other law.Parliamentary privilegeDespite any other law, no member or former member of the Committee may claim immunity based on parliamentary privilege in a proceeding against them in relation to a contravention of subsection 11(1) or of a provision of the Security of Information Act or in relation to any other proceeding arising from any disclosure of information that is prohibited under that subsection.EvidenceA statement made by a member or former member of the Committee before either House of Parliament or a committee of the Senate, of the House of Commons or of both Houses of Parliament is admissible in evidence against them in a proceeding referred to in subsection (1).Access to InformationRight of accessDespite any other Act of Parliament but subject to sections 14 and 16, the Committee is entitled to have access to any information that is under the control of a department and that is related to the fulfilment of the Committee’s mandate.Protected informationThe information includes information that is protected by litigation privilege or by solicitor-client privilege or the professional secrecy of advocates and notaries.Inconsistency or conflictIn the event of any inconsistency or conflict between subsection (1) and any provision of an Act of Parliament other than this Act, subsection (1) prevails to the extent of the inconsistency or conflict.ExceptionsThe Committee is not entitled to have access to any of the following information:a confidence of the Queen's Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act;information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;the identity of a person who was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada, or the government of a province or of any state allied with Canada, or information from which the person’s identity could be inferred;information relating directly to an ongoing investigation carried out by a law enforcement agency that may lead to a prosecution.Request for informationIf the Committee is entitled to have access to information that is under the control of a department, the Committee may make a request to the appropriate Minister for that department that the information be provided to the Committee.ExceptionIf the Committee requests information that is in respect of an identifiable person or entity, that has been received or collected by the Financial Transactions and Reports Analysis Centre of Canada under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and that has been disclosed to a department under subsection 55(3), 55.1(1), 65(1), 65.01(1) or 65.02(1) of that Act, the Committee may make the request only to the appropriate Minister for that department.Department — parent Crown corporationIf the requested information is under the control of a department that is a parent Crown corporation, the department must, at the request of the appropriate Minister, provide the information to that Minister. ComplianceCompliance by a department with subsection (2.1) is deemed to be in the best interests of the department.Provision of informationAfter the appropriate Minister receives the request, he or she must provide or cause to be provided to the Committee, in a timely manner, the requested information to which it is entitled to have access.Information provided orallyThe appropriate Minister or officials of the department may appear before the Committee to provide the information orally.Refusal of informationThe appropriate Minister for a department may refuse to provide information to which the Committee would, but for this section, otherwise be entitled to have access and that is under the control of that department, but only if he or she is of the opinion thatthe information constitutes special operational information, as defined in subsection 8(1) of the Security of Information Act; andprovision of the information would be injurious to national security.ReasonsIf the appropriate Minister refuses to provide information under subsection (1), he or she must inform the Committee of his or her decision and the reasons for the decision.Review bodies informed of decisionIf the appropriate Minister makes the decision in respect of any of the following information, he or she must provide the decision and reasons to,in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police;in the case of information under the control of the Communications Security Establishment, the Commissioner of the Communications Security Establishment; andin the case of information under the control of the Canadian Security Intelligence Service, the Security Intelligence Review Committee.ProcedureMeetings — call of ChairThe Committee is to meet at the call of the Chair.Meetings held in privateMeetings of the Committee are to be held in private if any information that a department is taking measures to protect is likely to be disclosed during the course of the meeting or if the Chair considers it to be otherwise necessary.VotingThe Chair may vote at meetings of the Committee only in the case of a tie.ProcedureSubject to the provisions of this Act and the regulations, the Committee may determine the procedure to be followed in the exercise of any of its powers or the performance of any of its duties or functions, including in respect of the appearance of persons before the Committee.ReportsAnnual reportEach year the Committee must submit to the Prime Minister a report of the reviews it conducted during the preceding year. The report must containthe Committee’s findings; its recommendations, if any; any summary referred to in subsection (3); andthe number of times in the preceding year that an appropriate Minister determined that a review referred to in paragraph 8(1)(b) would be injurious to national security, anddecided to refuse to provide information under subsection 16(1).Special reportIf, in the Committee’s opinion, a special report on any matter related to its mandate is necessary, it may, at any time, submit such a report to the Prime Minister and the minister concerned.Summary of special reportThe Committee may prepare a summary of a special report and, on submitting the report, must notify the Prime Minister of its intention to do so.Special report not to be tabledSubsection (5) does not apply to a special report that is the subject of a notification under subsection (3) and that report is not to be laid before either House of Parliament.Direction to submit revised reportIf, after consulting the Chair of the Committee, the Prime Minister is of the opinion that information in an annual or special report is information the disclosure of which would be injurious to national security, national defence or international relations or is information that is protected by litigation privilege or by solicitor-client privilege or the professional secrecy of advocates and notaries, the Prime Minister may direct the Committee to submit to the Prime Minister a revised version of the annual or special report that does not contain that information.Revised version of reportIf the Committee is directed by the Prime Minister to submit a revised version, the revised version must be clearly identified as a revised version and must indicate the extent of, and the reasons for, the revisions.TablingSubject to subsection (4), the Prime Minister must cause to be laid before each House of Parliament, on any of the first 30 days on which that House is sitting after a report is submitted under subsection (1) or (2), a copy of the report or, if the Committee was directed to submit a revised version, a copy of the revised version.ReferralAfter it is tabled, the annual or special report stands referred to the Standing Committee on National Security and Defence of the Senate or, if there is not a Standing Committee on National Security and Defence, the appropriate committee of the Senate, as determined by its rules; andthe Standing Committee on Public Safety and National Security of the House of Commons or, if there is not a Standing Committee on Public Safety and National Security, the appropriate committee of the House of Commons, as determined by its rules.Review BodiesProvision of information to CommitteeDespite any provision of any other Act of Parliament — including section 45.47 of the Royal Canadian Mounted Police Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate.ExceptionsThe review body must not provide to the Committeeinformation that is referred to in section 14; orinformation that is the subject of a decision that has been provided to the review body under subsection 16(3).Provision of information to review bodiesThe Committee may provide,to the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, information that is obtained from — or that is created by the Committee from information obtained from — the Royal Canadian Mounted Police and that is related to the fulfilment of that review body’s mandate;to the Commissioner of the Communications Security Establishment, information that is obtained from — or that is created by the Committee from information obtained from — the Communications Security Establishment and that is related to the fulfilment of that review body’s mandate; orto the Security Intelligence Review Committee, information that is obtained from — or that is created by the Committee from information obtained from — the Canadian Security Intelligence Service and that is related to the fulfilment of that review body’s mandate.SecretariatSecretariat establishedThe Secretariat of the National Security and Intelligence Committee of Parliamentarians is established.RoleThe Secretariat is to assist the Committee in fulfilling its mandate.OfficeThe head office of the Secretariat is to be in the National Capital Region as described in the schedule to the National Capital Act.Executive directorThere 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.Deputy headThe executive director has the rank and all the powers of a deputy head of a department.Absence or incapacityIf the executive director is absent or incapacitated or the office of executive director is vacant, the Minister designated under section 3 may designate another person to act as executive director, but a person must not be so designated for more than 90 days without the Governor in Council’s approval.Remuneration and expensesThe executive director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of their powers or the performance of their duties or functions while absent from their ordinary place of work.CompensationThe executive director is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.Chief executive officerThe executive director is the chief executive officer of the Secretariat and has the control and management of the Secretariat and all matters connected with it.Contracts, etc.The executive director may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist the Committee or any of its members.EmployeesThe employees of the Secretariat are to be appointed in accordance with the Public Service Employment Act.General ProvisionsFinal decisionThe appropriate Minister’s determination that a review referred to in paragraph 8(1)(b) would be injurious to national security or the appropriate Minister’s decision to refuse to provide information under subsection 16(1) is final.Committee’s responseIf the Committee is dissatisfied with the determination or the decision, the Committee is not to bring the matter before the courts, but it may note its dissatisfaction in a report referred to in section 21.Compliance of activityThe Committee must inform the appropriate Minister and the Attorney General of Canada of any activity that is carried out by a department and is related to national security or intelligence and that, in the Committee's opinion, may not be in compliance with the law.Expenses — appearance before CommitteeSubject to the regulations, a person is entitled to be paid reasonable travel and living expenses incurred as a result of their appearance before the Committee.RegulationsThe Governor in Council may make regulationsrespecting the procedures and practices for the secure handling, storage, transportation, transmission and destruction of information or documents provided to or created by the Committee;respecting the procedure to be followed by the Committee in the exercise of any of its powers or the performance of any of its duties or functions;respecting the expenses referred to in section 32; andgenerally for carrying out the purposes and provisions of this Act.Review of Act after five yearsFive years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.Consequential AmendmentsR.S., c. A-1Access to Information ActThe Access to Information Act is amended by adding the following after section 16.5:Secretariat of National Security and Intelligence Committee of ParliamentariansThe Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose any record requested under this Act that contains information obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Secretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignementR.S., c. F-11Financial Administration ActSchedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference toSecretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignementand a corresponding reference in column II to “Leader of the Government in the House of Commons”.Schedule IV to the Act is amended by adding the following in alphabetical order:Secretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignementPart III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference toSecretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignementand a corresponding reference in column II to “Executive Director”.R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act2001, c. 41, s. 29; 2003, c. 22, par. 224(z.76)(E)Paragraph (a) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Security of Information Act is replaced by the following:Le membre ou l’employé — ancien ou actuel — d’un ministère, d’un secteur ou d’un organisme de l’administration publique fédérale mentionné à l’annexe;The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:a current or former member of the National Security and Intelligence Committee of Parliamentarians; or2001, c. 41, s. 29Paragraph (b) of the definition person permanently bound to secrecy in subsection 8(1) of the French version of the Act is replaced by the following:la personne qui a reçu signification à personne de l’avis mentionné au paragraphe 10(1) ou qui a été informée de sa délivrance conformément aux règlements pris en vertu du paragraphe 11(2). (person permanently bound to secrecy)The schedule to the Act is amended by adding the following in alphabetical order:Secretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignementR.S., c. P-1Parliament of Canada ActSection 33 of the Parliament of Canada Act is amended by adding the following after subsection (3):National Security and Intelligence Committee of ParliamentariansDespite anything in this Division, a person is not rendered ineligible to be a member of the House of Commons, or disqualified from sitting or voting in that House, by reason only that the person is a member of the National Security and Intelligence Committee of Parliamentarians.Section 62.3 of the Act is amended by adding the following after subsection (2):Members of National Security and Intelligence Committee of ParliamentariansFor the fiscal year commencing on April 1, 2016, there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances:the member of the Senate or the House of Commons who is the Chair of the National Security and Intelligence Committee of Parliamentarians, $42,200; andeach member of the Senate or the House of Commons who is a member of that Committee, other than the Chair, $11,900.Subsequent fiscal yearsThe additional annual allowance that shall be paid for each fiscal year subsequent to the fiscal year referred to in subsection (3) to a member of the Senate or the House of Commons referred to in that subsection is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.2005, c. 16, par. 21(3)(a); 2013, c. 40, par. 237(1)(m)Section 67.1 of the Act is replaced by the following:IndexThe index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) and (4) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.R.S., c. P-21Privacy ActThe Privacy Act is amended by adding the following after section 22.3:Secretariat of National Security and Intelligence Committee of ParliamentariansThe Secretariat of the National Security and Intelligence Committee of Parliamentarians shall refuse to disclose personal information requested under subsection 12(1) that was obtained or created by it or on its behalf in the course of assisting the National Security and Intelligence Committee of Parliamentarians in fulfilling its mandate.The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:Secretariat of the National Security and Intelligence Committee of ParliamentariansSecrétariat du Comité des parlementaires sur la sécurité nationale et le renseignement2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing ActThe Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.3:National Security and Intelligence Committee of Parliamentarians ActThe Director shall, at the request of the Minister or an officer of the Department of Finance, disclose to the Minister or the officer, as the case may be, in the form and manner that the Minister or officer directs, any information under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Committee of Parliamentarians Act.2006, c. 9, s. 2Conflict of Interest ActParagraph (d) of the definition public office holder in subsection 2(1) of the Conflict of Interest Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):a member of the National Security and Intelligence Committee of Parliamentarians;Coming into ForceOrder in councilThis Act comes into force on a day to be fixed by order of the Governor in Council.(Paragraph 10(b))Oath or Solemn AffirmationI, ....................., swear (solemnly affirm) that I will be faithful and bear true loyalty to Canada and to its people, whose democratic beliefs I share, whose rights and freedoms I respect and whose laws I will uphold and obey. I further swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Committee of Parliamentarians and will not communicate or use without due authority any information obtained in confidence by me in that capacity.