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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-59
An Act respecting national security matters
FIRST READING, June 20, 2017
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
90851


RECOMMENDATION
His 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 respecting national security matters”.
SUMMARY
Part 1 enacts the National Security and Intelligence Review Agency Act, which establishes the National Security and Intelligence Review Agency and sets out its composition, mandate and powers. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Review Committee and amends that Act and other Acts in order to transfer certain powers, duties and functions to the new Agency. It also makes related and consequential amendments to other Acts.
Part 2 enacts the Intelligence Commissioner Act, which provides that the duties and functions of the Intelligence Commissioner are to review the conclusions on the basis of which certain authorizations are issued or amended, and determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act and to approve those authorizations, admendments and determinations if those conclusions are reasonable. This Part also abolishes the position of the Commissioner of the Communications Security Establishment, provides for that Commissioner to become the Intelligence Commissioner, transfers the employees of the former Commissioner to the office of the new Commissioner and makes related and consequential amendments to other Acts.
Part 3 enacts the Communications Security Establishment Act, which establishes the Communications Security Establishment and, among other things, sets out the Establishment’s mandate as well as the regime for authorizing its activities. It also amends the National Defence Act and makes consequential amendments to other Acts.
Part 4 amends the Canadian Security Intelligence Service Act to
(a)add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;
(b)add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;
(c)provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;
(d)exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;
(e)create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;
(f)make amendments to the warrant regime that are related to datasets; and
(g)implement measures for the management of datasets.
Part 5 amends the Security of Canada Information Sharing Act to, among other things,
(a)emphasize that the Act addresses only the disclosure of information and not its collection or use;
(b)clarify the definition of “activity that undermines the security of Canada”;
(c)clarify that advocacy, protest, dissent and artistic expression are not activities that undermine the security of Canada unless they are carried on in conjunction with an activity that undermines the security of Canada;
(d)provide that a disclosure of information is authorized only if the disclosure will contribute to the carrying out by the recipient institution of its national security responsibilities and will not affect any person’s privacy interest more than reasonably necessary;
(e)require that information disclosed be accompanied by information about the accuracy of the disclosed information and the reliability of the manner in which it was obtained; and
(f)require that records be prepared and kept in respect of every disclosure of information and that every year a copy of every record prepared in the preceding year be provided to the National Security and Intelligence Review Agency.
Part 6 amends the Secure Air Travel Act to authorize the Minister of Public Safety and Emergency Preparedness to collect from air carriers and operators of aviation reservation systems, for the purpose of identifying listed persons, information about any individuals who are on board or expected to be on board an aircraft for any flight prescribed by regulation, and to exempt an air carrier from providing that information, or from the application of any provision of the regulations, in certain circumstances. It amends the Act to authorize that Minister to collect personal information from individuals for the purpose of issuing a unique identifier to them to assist with pre-flight verification of their identity. It also reverses the rule in relation to a deemed decision on an application for administrative recourse. Finally, it amends the Act to provide for certain other measures related to the collection, disclosure and destruction of information.
Part 7 amends the Criminal Code to, among other things,
(a)make certain procedural modifications to the terrorist listing regime under section 83.‍05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;
(b)change the offence of advocating or promoting terrorism offences in general, in section 83.‍221, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;
(c)raise one of the thresholds for imposing a recognizance with conditions under section 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;
(d)repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), which require annual reports on such hearings;
(e)require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‍011 in the previous year; and
(f)authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, to make orders for the protection of witnesses.
Part 8 amends the Youth Criminal Justice Act to, among other things, ensure that the protections that are afforded to young persons apply in respect of proceedings in relation to recognizance orders, including those related to terrorism, and give employees of a department or agency of the Government of Canada access to youth records, for the purpose of administering the Canadian Passport Order.
Part 9 requires that a comprehensive review of the provisions and operation of this enactment take place during the sixth year after section 168 of this enactment comes into force. If that section 168 and section 34 of Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act, come into force within one year of each other, the reviews required by those sections are to take place at the same time and are to be undertaken by the same committee or committees.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca


TABLE OF PROVISIONS
An Act respecting national security matters
Short Title
1
National Security Act, 2017
PART 1
National Security and Intelligence Review Agency
National Security and Intelligence Review Agency Act
2
Enactment of Act
Transitional Provisions
3
Definitions
4
Chairman of former Committee
5
Employment continued — staff
6
Powers, duties and functions
7
Appropriations
8
Rights and obligations
9
Contracts
10
Information
11
Complaints — former Committee
12
First report
13
Commencement of proceedings
14
No compensation
15
Information — former Commissioner
16
Complaints — former Commissioner
17
Commencement of proceedings
Related and Consequential Amendments
18
Access to Information Act
20
Canada Evidence Act
21
Canadian Security Intelligence Service Act
24
Citizenship Act
26
Financial Administration Act
33
Canadian Human Rights Act
35
Security of Information Act
38
Privacy Act
40
Public Service Superannuation Act
41
Royal Canadian Mounted Police Act
44
Public Sector Compensation Act
46
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Coordinating Amendments
48
Part 3 of the Act
49
Bill C-22
PART 2
Intelligence Commissioner
Intelligence Commissioner Act
50
Enactment of Act
Transitional Provisions
51
Definitions
52
Former Commissioner
53
Employment continued
54
Powers, duties and functions
55
Appropriations
56
Rights, property and obligations
57
Contracts
58
Commencement of proceedings
59
No compensation
Related and Consequential Amendments
60
Access to Information Act
61
Canada Evidence Act
62
Canadian Security Intelligence Service Act
63
Financial Administration Act
68
National Defence Act
70
Security of Information Act
71
Privacy Act
72
Public Service Superannuation Act
73
Security of Canada Information Disclosure Act
Coordinating Amendments
74
2004, c. 15
75
Bill C-22
PART 3
Communications Security Establishment
Communications Security Establishment Act
76
Enactment of Act
Transitional Provisions
77
Definitions
78
Chief
79
Transfer of appropriations
80
Ministerial authorizations
81
Arrangements
82
References
National Defence Act
83
Amendments
Consequential Amendments
84
National Defence Act
85
Public Sector Compensation Act
88
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
89
Security of Canada Information Disclosure Act
Coordinating Amendments
90
2004, c. 15
91
Bill C-44
PART 4
Canadian Security Intelligence Service Act
Amendments to the Act
92
Amendments
Transitional Provisions
110
Definitions
111
Datasets collected by Service
PART 5
Security of Canada Information Sharing Act
Amendments to the Act
112
Amendments
Consequential Amendments
121
Excise Tax Act
122
Department of Fisheries and Oceans Act
123
Customs Act
124
Income Tax Act
125
Chemical Weapons Convention Implementation Act
126
Excise Act, 2001
PART 6
Secure Air Travel Act
Amendments to the Act
127
Amendments
Transitional Provision
139
Continued application
PART 7
Criminal Code
Amendments to the Act
140
Amendments
Transitional Provisions
155
Continued application
156
Proceedings continued
157
No report for year before coming into force
Consequential Amendment to the Corrections and Conditional Release Act
158
Amendment
PART 8
Youth Criminal Justice Act
159
Amendments
PART 9
Review
168
Duty to undertake review
PART 10
Coming into Force
169
Order in council
170
Order in council
171
Order in council
172
Order in council
173
Order in council


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-59
An Act respecting national security matters
Preamble
Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians;
Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms;
Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms;
Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities;
Whereas those institutions must always be vigilant in order to uphold public safety;
Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians;
Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015;
And whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1This Act may be cited as the National Security Act, 2017.
PART 1
National Security and Intelligence Review Agency
National Security and Intelligence Review Agency Act
Enactment of Act
2The National Security and Intelligence Review Agency Act is enacted as follows:
An Act to establish the National Security and Intelligence Review Agency
Short Title
Short title
1This Act may be cited as the National Security and Intelligence Review Agency Act.
Definitions
Definitions
2The following definitions apply in this Act.
appropriate Minister means  
(a)with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;
(b)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;
(c)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;
(d)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; or
(e)with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)
department means, other than in subsections 42(2) and 48(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 and the office of the Intelligence Commissioner —  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)
deputy head means, except in section 42,
(a)with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department;
(b)with respect to the Canadian Forces, the Chief of the Defence Staff;
(c)with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;
(d)with respect to the Canadian Security Intelligence Service, the Director;
(e)with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and
(f)with respect to any inquiry established under the Inquiries Act, if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. (administrateur général)
Director means the Director of the Canadian Security Intelligence Service. (directeur)
Review Agency means the National Security and Intelligence Review Agency established under section 3. (Office de surveillance)
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. (organisme de surveillance)
Review Agency and Members
Review Agency established
3The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.
Appointment of members
4(1)The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency.
Consultation
(2)A member may be appointed to the Review Agency only after consultation by the Prime Minister with
(a)the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act;
(b)the leader of every caucus and of every recognized group in the Senate;
(c)the Leader of the Opposition in the House of Commons; and
(d)the leader in the House of Commons of each party having at least twelve members in that House.
Term of office
(3)Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.
Reappointment
(4)Each member of the Review Agency, on the expiry of their first term of office, is eligible to be reappointed for one further term.
Designation of Chair
(5)The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency.
Designation of Vice-chair
(6)The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency.
Full- or part-time members
(7)The Chair and Vice-chair may be designated to hold office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis.
Acting Chair
5(1)If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.
Limit
(2)No member designated under subsection (1) may act as the Chair for more that 90 days without the approval of the Governor in Council.
Remuneration and expenses
6(1)Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence.
Office held on full-time basis
(2)The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work.
Acts and regulations applicable
7Each member of the Review Agency is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Each full-time member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
Mandate
Review and investigation
8(1)The mandate of the Review Agency is to
(a)review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment;
(b)review any activity carried out by a department that relates to national security or intelligence;
(c)review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and
(d)investigate
(i)any complaint made under subsection 16(1), 17(1) or 18(3),
(ii)any complaint referred to the Agency under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act,
(iii)reports made to the Agency under section 19 of the Citizenship Act, and
(iv)matters referred to the Agency under section 45 of the Canadian Human Rights Act.
Review of measures
(2)In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.
Findings and recommendations
(3)In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to
(a)a department’s compliance with the law and any applicable ministerial directions; and
(b)the reasonableness and necessity of a department’s exercise of its powers.
Access to Information
Right of access — reviews
9(1)Despite any other Act of Parliament and subject to section 12, the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department.
Protected information
(2)Under subsection (1), the Review Agency is entitled to have access to information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
For greater certainty
(3)For greater certainty, the disclosure to the Review Agency under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
Right of access — complaints
10Despite any other Act of Parliament and subject to section 12, the Review Agency is entitled to have access in a timely manner to the following information:
(a)in relation to a complaint made under subsection 16(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;
(b)in relation to a complaint made under subsection 17(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;
(c)in relation to a complaint made under subsection 18(3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and
(d)in relation to a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of the review body, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.
Documents and explanations
11(1)Under sections 9 and 10, the Review Agency is entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions.
Decision — Review Agency
(2)For the purposes of sections 9 and 10, the Review Agency is entitled to decide whether information relates to the review or complaint in question.
Inconsistency or conflict
(3)In the event of any inconsistency or conflict between sections 9 and 10 and any provision of an Act of Parliament other than this Act, section 9 or 10 prevails to the extent of the inconsistency or conflict.
Exception
12The Review Agency is not entitled to have access to a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.
Review Body
Cooperation
13The Review Agency and the review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Agency and the review body in relation to the fulfilment of their respective mandates.
Provision of information to Review Agency
14(1)Despite any provision of any other Act of Parliament — including section 45.‍47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), the review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)‍(a) to (c).
Exception
(2)The review body must not provide to the Review Agency information that is referred to in section 12.
Provision of information to review body
15(1)The Review Agency may provide to the review body information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of the review body’s mandate under subsection 45.‍34(1) of the Royal Canadian Mounted Police Act.
Exception
(2)The Review Agency must not provide to the review body information that is referred to in subsection 45.‍42(1) of the Royal Canadian Mounted Police Act.
Complaints
Complaints — Canadian Security Intelligence Service
16(1)Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if
(a)the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and
(b)the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Other redress available
(2)The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act.
Complaints — Communications Security Establishment
17(1)Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if
(a)the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and
(b)the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Other redress available
(2)The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Federal Public Sector Labour Relations Act.
Denial of security clearance
18(1)If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.
Denial of security clearance
(2)If, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance.
Receipt and investigation of complaints
(3)The Review Agency must receive and investigate a complaint from
(a)any individual referred to in subsection (1) who has been denied a security clearance; or
(b)any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.
Time within which complaint is to be made
(4)A complaint under subsection (3) must be made within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows.
Complaints — Royal Canadian Mounted Police
19The Review Agency must receive and investigate a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act if the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
Complaints submitted on behalf of complainants
20Nothing in this Act precludes the Review Agency from receiving and investigating complaints referred to in subsections 16(1), 17(1) and 18(3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized.
Written complaint
21A complaint under subsection 16(1), 17(1) or 18(3) must be made to the Review Agency in writing unless the Agency authorizes otherwise.
Statement to complainant
22The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18(3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.
Informal Resolution
Informal resolution
23(1)The Review Agency may attempt to resolve the complaint informally.
Agreement to informal resolution in writing
(2)The resolution of a complaint through an informal process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.
Investigations
Notice of intention to investigate
24Before commencing an investigation referred to in subsection 18(3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.
Investigations in private
25(1)Every investigation by the Review Agency is to be conducted in private.
Right to make representations
(2)In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18(3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.
Canadian Human Rights Commission may comment
26In the course of an investigation of a complaint, the Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.
Powers of Review Agency
27The Review Agency has, in relation to the investigation of any complaint, the power
(a)to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;
(b)to administer oaths; and
(c)to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law.
Evidence in other proceedings
28Except in a prosecution under section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.
Report of findings
29(1)The Review Agency must,
(a)on completion of an investigation in relation to a complaint under subsection 16(1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate;
(b)on completion of an investigation in relation to a complaint under subsection 17(1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and
(c)on completion of an investigation in relation to a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.
Complainant
(2)After providing a report under any of paragraphs (1)‍(a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.
Report — denial of security clearance
(3)On completion of an investigation in relation to a complaint under subsection 18(3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.
Review Agency member authorized to act alone
30A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of the Agency under sections 16 to 29 in relation to complaints.
Departmental Study
Power — Review Agency
31(1)For the purpose of ensuring that a department’s activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities.
Report
(2)A department that conducts a study under subsection (1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.
Reports to Ministers
Annual report — Canadian Security Intelligence Service
32(1)The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period.
Contents of report
(2)The annual report must include information relating to
(a)the compliance of the Canadian Security Intelligence Service with the law and any applicable ministerial directions; and
(b)the reasonableness and necessity of the Canadian Security Intelligence Service’s exercise of its powers.
Annual report — Communications Security Establishment
33(1)The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period.
Contents of report
(2)The annual report must include information relating to
(a)the compliance of the Communications Security Establishment with the law and any applicable ministerial directions; and
(b)the reasonableness and necessity of the Communications Security Establishment’s exercise of its powers.
Report of review
34The Review Agency may submit to the appropriate Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency.
Compliance report
35(1)The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned.
Report and comments to Attorney General of Canada
(2)As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances.
Copy to Review Agency
(3)The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.
Copy to Intelligence Commissioner
36The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.
Annual briefing — Canadian Security Intelligence Service
37(1)At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.
Annual briefing — Communications Security Establishment
(2)At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications Security Establishment of its powers, duties and functions.
Other briefings
(3)The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.
Public Reports
Report to Prime Minister
38(1)The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.
Tabling
(2)The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
Security of Canada Information Disclosure Act
39(1)The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.
Tabling
(2)The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
Special report
40(1)If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.
Tabling
(2)The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.
Secretariat
Secretariat established
41(1)The National Security and Intelligence Review Agency Secretariat is established.
Role
(2)The Secretariat is to assist the Review Agency in fulfilling its mandate.
Executive director
42(1)There 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 head
(2)The executive director has the rank and all the powers of a deputy head of a department.
Absence or incapacity
43If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.
Remuneration and expenses
44(1)The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.
Compensation
(2)The executive director is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Personnel
45(1)The executive director has exclusive authority to
(a)appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and
(b)establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Right of employer
(2)Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1).
Public Service Employment Act does not apply
(3)The Public Service Employment Act does not apply with respect to the Secretariat, except for Part 7 of that Act.
Political activities
(4)For the purposes of Part 7 of the Public Service Employment Act, the executive director is deemed to be a deputy head, and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.
Powers of the executive director
46In exercising his or her authority under subsection 45(1), the executive director may
(a)determine the human resources requirements of the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat;
(b)provide for the classification of positions in and employees of the Secretariat;
(c)after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;
(d)after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
(e)determine the learning, training and development requirements of the Secretariat employees and fix the terms on which the learning, training and development may be carried out;
(f)provide for the awards that may be made to Secretariat employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
(g)establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;
(h)provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of Secretariat employees for reasons other than breaches of discipline or misconduct;
(i)establish policies respecting the exercise of the powers granted by this section; and
(j)provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the executive director considers necessary for effective human resources management in the Secretariat.
Negotiation of collective agreements
47Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board.
Mobility
48(1)For the purpose of deployments, appointments or advertised internal appointment processes under the Public Service Employment Act, employees of the Secretariat must be treated as if they were employees as defined in subsection 2(1) of that Act and had the rights of recourse provided by that Act.
When deployments made subject to terms
(2)The Public Service Commission may, in consultation with the Treasury Board, set terms and conditions for the deployment of Secretariat employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing the Secretariat’s staffing program are incompatible with those governing staffing under that Act.
Mobility to Secretariat
(3)When the Secretariat considers employees as defined in subsection 2(1) of the Public Service Employment Act for employment, it must treat them as if they were Secretariat employees and had the same rights of recourse.
Technical assistance
49The executive director may engage the services of persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.
Security and Confidentiality
Oath or solemn affirmation
50Each member of the Review Agency must take the following oath or make the following solemn affirmation:
I, .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.
Compliance with security requirements
51Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under section 49 must
(a)maintain the security clearance required by the Government of Canada; and
(b)follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Disclosure prohibited
52A member or former member of the Review Agency, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.
Protection of confidential information
53(1)The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege:
(a)a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; or
(b)a report under subsection 29(2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.
Additional consultation
(2)In addition to the consultation set out in subsection (1) and for the same purpose, the Review Agency must consult with the Director
(a)in preparing a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act;
(b)in preparing a report under subsection 29(3) of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act; or
(c)if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)‍(b).
Independence of peace officer
54The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.
Governor in Council Powers
Designations
55The Governor in council may, by order, designate
(a)a federal Minister as the Minister responsible for this Act;
(b)any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (e) of the definition deputy head in section 2; and
(c)a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (f) of the definition deputy head in section 2.
Transitional Provisions
Definitions
3The following definitions apply in sections 4 to 17.
former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.‍63(1) of the National Defence Act, as it read immediately before the coming into force of section 68.‍ (ancien commissaire)
former Committee means the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2.‍ (ancien comité)
new Agency means the National Security and Intelligence Review Agency. (nouvel office)
Chairman of former Committee
4(1)The person who, immediately before the day on which section 2 comes into force, held office as Chairman of the former Committee ceases to be Chairman and is continued in office as a member of the new Agency for the remainder of the term for which he or she was appointed.
Members of former Committee
(2)The members of the former Committee who, immediately before the day on which section 2 comes into force, held office are continued in office as members of the new Agency for the remainder of the term for which they were appointed.
Chair of new Agency
(3)As soon as feasible after the day on which section 2 comes into force, the Governor in Council must designate, under subsection 4(5) of the National Security and Intelligence Review Agency Act, the Chair of the new Agency from among the members who continue in office under subsection (1) or (2) or who are appointed under subsection 4(1) of that Act.
Employment continued — staff
5(1)Nothing in this Part is to be construed as affecting the status of any person who, immediately before the day on which section 2 comes into force, occupies a position in the former Committee, except that the person is to, as of that day, occupy their position in the Secretariat of the new Agency.
Managerial or confidential position
(2)For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Powers, duties and functions
6A person referred to in section 5 whom the former Committee has authorized to exercise certain powers or perform certain duties or functions relating to a matter before that former Committee, on the day on which section 2 comes into force, retains the authority to exercise those powers and perform those duties and functions.
Appropriations
7Any money that is appropriated by an Act of Parliament, for the fiscal year in which section 2 comes into force, to defray any expenditure of the former Committee and that, on the day on which section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the new Agency.
Rights and obligations
8All rights and property of the former Committee and of Her Majesty in right of Canada that are under the administration and control of the former Committee and all obligations of the former Committee are transferred to the new Agency.
Contracts
9A contract respecting the provision of services or materiel to the former Committee entered into before the day on which section 2 comes into force is deemed to have been entered into by the executive director of the Secretariat of the new Agency.
Information — former Committee
10The former Committee must transfer to the new Agency all information under its control, including information that relates to a complaint before that former Committee, or to any review or investigation that is being undertaken by that Committee, immediately before the day on which section 2 comes into force.
Complaints — former Committee
11(1)The new Agency becomes seized of any complaint made to the former Committee before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency.
Reports and matters
(2)The new Agency becomes seized of any report made under section 19 of the Citizenship Act, and any matter referred under section 45 of the Canadian Human Rights Act, to the former Committee before the day on which section 2 comes into force and that report or matter is deemed to have been made or referred, as the case may be, to the new Agency.
First report
12(1)The first report that the new Agency submits under each of subsections 32(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Committee has not yet submitted a report under section 53 of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2.
First report — Communications Security Establishment
(2)The first report that the new Agency submits under each of subsections 33(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Commissioner has not yet submitted a report under subsection 273.‍63(3) of the National Defence Act, as it read immediately before the coming into force of section 2.
Commencement of proceedings
13(1)Any action, suit or other legal or administrative proceeding that could have been brought against the former Committee may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Committee.
Pending proceedings
(2)Any action, suit or other legal or administrative proceeding to which the former Committee is a party that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Committee.
No compensation
14Despite the provisions of any contract, agreement or order, no person appointed to hold office as Chairman or as a member of the former Committee has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent or mandatary of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Part.
Information — former Commissioner
15The former Commissioner must transfer to the new Agency all information under his or her control, including information that relates to a complaint before that former Commissioner, or to any review or investigation that is being undertaken by that former Commissioner, immediately before the day on which section 2 comes into force.
Complaints — former Commissioner
16The new Agency becomes seized of any complaint made to the former Commissioner before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency.
Commencement of proceedings
17(1)Any action, suit or other legal or administrative proceeding, relating to a review or an investigation, that could have been brought against the former Commissioner may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commissioner.
Pending proceedings
(2)Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party that relates to a review or an investigation and that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Commissioner.
Related and Consequential Amendments
R.‍S.‍, c. A-1
Access to Information Act
18Schedule I to the Access to Information Act is amended by deleting the reference, under the heading “Other Government Institutions”, to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignement de sécurité
19Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
R.‍S. c. C-5
Canada Evidence Act
20Item 18 of the schedule to the Canada Evidence Act is replaced by the following:
18The National Security and Intelligence Review Agency, for the purposes of sections 16 to 19 of the National Security and Intelligence Review Agency Act, with the exception of any information provided to the Agency by the complainant or an individual who has been denied a security clearance
R.‍S.‍, c. C-23
Canadian Security Intelligence Service Act
21(1)The definition Review Committee in section 2 of the Canadian Security Intelligence Service Act is repealed.
(2)Section 2 of the Act is amended by adding the following in alphabetical order:
Review Agency means the National Security and Intelligence Review Agency; (Office de surveillance)
22Parts III and IV of the Act are repealed.
Replacement of “Committee”
23The Act is amended by replacing “Committee” with “Agency” in the following provisions:
(a)subsections 6(2) and (4);
(b)subsection 12.‍1(3.‍5);
(c)subsection 17(2);
(d)subsection 19(3); and
(e)subsection 20(4).
R.‍S.‍, c. C-29
Citizenship Act
24(1)Subsection 19(1) of the Citizenship Act is replaced by the following:
Definitions
19(1)The following definitions apply in this section and sections 19.‍1, 19.‍2 and 20.
Review Agencymeans the National Security and Intelligence Review Agency.‍ (Office de surveillance)
threats to the security of Canadahas the same meaning as in section 2 of the Canadian Security Intelligence Service Act.‍ (menaces envers la sécurité du Canada)
(2)Subsection 19(4) of the Act is replaced by the following:
Application of the National Security and Intelligence Review Agency Act
(4)Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.
Replacement of “Committee”
25The Act is amended by replacing “Committee” with “Agency” in the following provisions:
(a)subsections 19(2) and (4.‍1) to (6);
(b)subsection 19.‍1(1);
(c)subsection 19.‍2(1); and
(d)subsection 20(1).
R.‍S.‍, c. F-11
Financial Administration Act
26Subsection 13(2) of the Financial Administration Act is replaced by the following:
Restriction
(2)If a person has made a complaint with respect to a security assessment to the National Security and Intelligence Review Agency, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint.
27Schedule I.‍1 to the Act is amended by deleting the reference, in column I, to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignement de sécurité
and the corresponding reference in column II to “Prime Minister”.
28Schedule I.‍1 to the Act is amended by adding, in alphabetical order in column I, a reference to
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
and a corresponding reference in column II to “Prime Minister”.
29Schedule V to the Act is amended by deleting the reference to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignement de sécurité
30Schedule V to the Act is amended by adding the following in alphabetical order:
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
31Part III of Schedule VI to the Act is amended by deleting the reference, in column I, to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignement de sécurité
and the corresponding reference in column II to “Chairman”.
32Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
and a corresponding reference in column II to “executive director”.
R.‍S.‍, c. H-6
Canadian Human Rights Act
33(1)Subsection 45(1) of the Canadian Human Rights Act is replaced by the following:
Definition of Review Agency
45(1)In this section and section 46, Review Agencymeans the National Security and Intelligence Review Agency.
(2)The Act is amended by replacing “Committee” with “Agency” in subsections 45(2) and (4).
(3)Subsection 45(5) of the Act is replaced by the following:
National Security and Intelligence Review Agency Act
(5)If a matter is referred to the Review Agency under paragraph (2)‍(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to be read as a reference to the minister referred to in subsection (2).
(4)The Act is amended by replacing “Committee” with “Agency” in subsection 45(6).
34Subsection 46(1) of the Act is replaced by the following:
Report
46(1)On completion of its investigation under section 45, the Review Agency shall, not later than 90 days after the matter is referred to it under paragraph 45(2)‍(b), provide the Commission, the minister referred to in subsection 45(2), the Director of the Canadian Security Intelligence Service and the complainant with a report containing the Agency’s findings. On request of the Agency, the Commission may extend the time for providing a report.
R.‍S.‍, c. O-5; 2001, c. 41, s. 25
Security of Information Act
35(1)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:
a)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;
(2)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.‍1)a current or former member of the National Security and Intelligence Review Agency; or
(3)Paragraph (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:
b)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)
36Paragraph 15(5)‍(b) of the Act is replaced by the following:
(b)the person has, if he or she has not received a response from the deputy head or the Deputy Attorney General of Canada, as the case may be, within a reasonable time, brought his or her concern to and provided all relevant information in the person’s possession to the National Security and Intelligence Review Agency, if the person’s concern relates to an alleged offence that has been, is being or is about to be committed by another person in the purported performance of that person’s duties and functions of service for, or on behalf of, the Government of Canada and he or she has not received a response from that Agency within a reasonable time.
37The schedule to the Act is amended by adding the following in alphabetical order:
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
R.‍S.‍, c. P-21
Privacy Act
38The schedule to the Privacy Act is amended by deleting, under the heading “Other Government Institutions”, the reference to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignement de sécurité
39The schedule to the Act is amended by adding, in alphabetical order under the heading “Other Government Institutions”, a reference to
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
R.‍S.‍, c. P-36
Public Service Superannuation Act
40Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
R.‍S.‍, c. R-10
Royal Canadian Mounted Police Act
41The Royal Canadian Mounted Police Act is amended by adding the following after section 45.‍35:
National security
45.‍351(1)The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.
Referral
(2)The Commission shall refer any matter related to national security arising from a request for a review under section 45.‍34 or 45.‍35 to the National Security and Intelligence Review Agency.
42Section 45.‍53 of the Act is amended by adding the following after subsection (4):
National security
(4.‍1)The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency.
43Subsections 45.‍67(3) and (4) of the Act are replaced by the following:
Referral — National security
(2.‍1)The Commission shall discontinue an investigation of a complaint if subsection 45.‍53(4.‍1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.
Notice to the Commissioner and complainant
(3)If the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it and, if applicable, of the referral made under subsection (2.‍1) to the complainant and the Commissioner.
Notice to member and other persons
(4)After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.‍1).
1991, c. 30
Public Sector Compensation Act
44Schedule I to the Public Sector Compensation Act is amended by deleting, under the heading “Other Portions of the Public Service”, the reference to
Security Intelligence Review Committee
Comité de surveillance des activités de renseignements de sécurité
45Schedule I to the Act is amended by adding, in alphabetical order under the heading “Other Portions of the Public Service”, a reference to
National Security and Intelligence Review Agency Secretariat
Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
46The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.‍3:
National Security and Intelligence Review Agency Act
53.‍4The 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 Review Agency Act.
47The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited
55(1)Subject to subsections (3) and (6.‍1), sections 52, 53.‍4, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections 65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
Coordinating Amendments
Part 3 of this Act
48On the first day on which both sections 2 and 76 of this Act are in force, subsection 17(2) of the National Security and Intelligence Review Agency Act is replaced by the following:
Other redress available
(2)The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Communications Security Establishment Act or the Federal Public Sector Labour Relations Act.
Bill C-22
49(1)The following definitions apply in this section.
new Act means the National Security and Intelligence Review Agency Act, as enacted by section 2 of this Act. (nouvelle loi)
other Act means Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act. (autre loi)
(2)Subsections (3) to (11) apply if the other Act receives royal assent.
(3)On the first day on which both section 4 of the other Act and section 2 of this Act are in force
(a)the definition review body in section 2 of the other Act is amended by adding “or” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
(b)the National Security and Intelligence Review Agency. (organisme de surveillance)
(b)section 13 of the other Act is amended by adding the following after subsection (2):
For greater certainty
(2.‍1)For greater certainty, the disclosure to the Committee under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
(c)subsection 16(3) of the other Act is replaced by the following:
Review bodies informed of decision
(3)The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, 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.
(d)section 23 of the other Act is amended by adding “or” at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
(b)to the National Security and Intelligence Review Agency, information that is related to the fulfilment of that review body’s mandate under paragraphs 8(1)‍(a) to (c) of the National Security and Intelligence Review Agency Act.
(e)the definition review body in section 2 of the new Act is replaced by the following:
review body means
(a)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; or
(b)the National Security and Intelligence Committee of Parliamentarians. (organisme de surveillance)
(f)paragraph 10(d) of the new Act is replaced by the following:
(d)in relation to a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of 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 Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.
(g)section 13 of the new Act is replaced by the following:
Cooperation
13The Review Agency and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Review Agency and that review body in relation to the fulfilment of their respective mandates.
(h)subsection 14(1) of the English version of the new Act is replaced by the following:
Provision of information to Review Agency
14(1)Despite any provision of any other Act of Parliament — including section 45.‍47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), a review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)‍(a) to (c).
(i)subsection 15(1) of the new Act is replaced by the following:
Civilian Review and Complaints Commission
15(1)The Review Agency 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 Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under subsection 45.‍34(1) of the Royal Canadian Mounted Police Act.
(j)the new Act is amended by adding the following after section 15:
National Security and Intelligence Committee of Parliamentarians
15.‍1(1)The Review Agency may provide to National Security and Intelligence Committee of Parliamentarians information that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under section 8 of the National Security and Intelligence Committee of Parliamentarians Act.
Exception
(2)The Review Agency must not provide to the review body
(a)information that is referred to in section 14 of the National Security and Intelligence Committee of Parliamentarians Act; or
(b)information that is the subject of a decision that has been provided to the Review Agency under subsection 16(3) of that Act.
(4)If subsection 40(1) of the other Act comes into force before subsection 35(1) of this Act, then that subsection 35(1) is repealed.
(5)If subsection 35(1) of this Act comes into force before subsection 40(1) of the other Act, then that subsection 40(1) is repealed.
(6)If subsection 40(1) of the other Act comes into force on the same day as subsection 35(1) of this Act, then that subsection 35(1) is deemed never to have come into force and is repealed.
(7)On the first day on which both subsection 40(2) of the other Act and subsection 35(2) of this Act are in force,
(a)paragraph (a.‍1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act, as enacted by subsection 35(2) of this Act, is amended by striking out “or” at the end of that paragraph (a.‍1); and
(b)paragraph (a.‍1) of the definition person permanently bound to secrecy in subsection 8(1) of the Security of Information Act, as enacted by subsection 40(2) of the other Act, is renumbered as paragraph (a.‍2) and is repositioned accordingly if required.
(8)If subsection 40(3) of the other Act comes into force before subsection 35(3) of this Act, then that subsection 35(3) is repealed.
(9)If subsection 35(3) of this Act comes into force before subsection 40(3) of the other Act, then that subsection 40(3) is repealed.
(10)If subsection 40(3) of the other Act comes into force on the same day as subsection 35(3) of this Act, then that subsection 35(3) is deemed never to have come into force and is repealed.
(11)On the first day on which both section 47 of the other Act and section 46 of this Act are in force,
(a)section 53.‍4 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 47 of the other Act, is renumbered as section 53.‍5 and is repositioned accordingly if required; and
(b)the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited
55(1)Subject to subsections (3) and (6.‍1), sections 52, 53.‍4, 53.‍5, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
PART 2
Intelligence Commissioner
Intelligence Commissioner Act
Enactment of Act
50The Intelligence Commissioner Act is enacted as follows:
An Act respecting the office of the Intelligence Commissioner
Short Title
Short title
1This Act may be cited as the Intelligence Commissioner Act.
Definition
Definition
2In this Act, Commissioner means the Intelligence Commissioner appointed under subsection 4(1).
Designation of Minister
Order in council
3The Governor in Council may, by order, designate a federal minister as the Minister responsible for this Act.
Commissioner
Appointment
4(1)The Governor in Council, on the recommendation of the Prime Minister, is to appoint a retired judge of a superior court as the Intelligence Commissioner, to hold office during good behaviour for a term of not more than five years.
Reappointment
(2)A person appointed to be Commissioner is eligible to be reappointed for one additional term of not more than five years.
Part-time
(3)The Commissioner is to perform his or her duties and functions on a part-time basis.
Remuneration
(4)The Commissioner is to be paid the remuneration that may be fixed by the Governor in Council.
Travel and living expenses
(5)The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament, while absent from his or her ordinary place of residence.
Deemed employment
(6)The Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Acting Commissioner
(7)In the event of the Commissioner’s absence or incapacity, or if that office is vacant, the Governor in Council is to appoint a retired judge of a superior court to act as Commissioner and, while acting as Commissioner, that person has all the Commissioner’s powers, duties and functions under this or any other Act of Parliament.
Rank of deputy head
5The Commissioner has the rank and all the powers of a deputy head of a department and has control and management of his or her office and all matters connected with it.
Personnel
6(1)The Commissioner has exclusive authority to
(a)appoint or lay off employees, revoke their appointment or terminate their employment; and
(b)establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Right of employer
(2)Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the Commissioner’s right or authority to deal with the matters referred to in subsection (1).
Public Service Employment Act does not apply
(3)The Public Service Employment Act does not apply to the employees of the Commissioner, except for Part 7 of that Act.
Political activities
(4)For the purposes of Part 7 of that Act, the Commissioner is deemed to be a deputy head, and his or her employees are deemed to be employees, as those terms are defined in subsection 2(1) of that Act.
Powers of Commissioner
7In the exercise of his or her authority under subsection 6(1), the Commissioner may
(a)determine his or her human resources requirements and provide for the allocation and effective utilization of human resources;
(b)provide for the classification of positions and employees;
(c)after consultation with the President of the Treasury Board, determine and regulate the pay to which employees are entitled for services rendered, the hours of work and leave of the employees and any related matters;
(d)after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
(e)determine employees’ learning, training and development requirements and fix the terms on which the learning, training and development may be carried out;
(f)provide for the awards that may be made to employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
(g)establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;
(h)provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct;
(i)establish policies respecting the exercise of the powers granted by this section; and
(j)provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the Commissioner considers necessary for effective human resources management.
Negotiation of collective agreements
8Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of his or her employees, the Commissioner must have his or her negotiating mandate approved by the President of the Treasury Board.
Mobility
9(1)For the purpose of deployments, appointments or advertised internal appointment processes under the Public Service Employment Act, employees of the Commissioner must be treated as if they were employees as defined in subsection 2(1) of that Act and had the rights of recourse provided by that Act.
When deployments made subject to terms
(2)The Public Service Commission may, in consultation with the Treasury Board, set terms and conditions for the deployment of the Commissioner’s employees to departments and agencies under the Public Service Employment Act if, in that Commission’s opinion, the principles governing the Commissioner’s staffing program are incompatible with those governing staffing under that Act.
Mobility to Commissioner’s office
(3)When the Commissioner considers employees as defined in subsection 2(1) of the Public Service Employment Act for employment, the Commissioner must treat them as if they were his or her employees and had the same rights of recourse.
Technical assistance
10The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament and, with the approval of Treasury Board, may fix and pay the remuneration and expenses of those persons.
Oath or solemn affirmation
11(1)The Commissioner must, before commencing the duties and functions of office, take the following oath or make the following solemn affirmation:
I, .‍.‍.‍.‍.‍.‍.‍.‍.‍.‍, swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as the Intelligence Commissioner and will not communicate or use without due authority any information obtained in confidence by me in that capacity.
Security clearance
(2)Every employee of the Commissioner and every person whose services are engaged under section 10 must maintain the security clearance required by the Government of Canada.
Security requirements
(3)The Commissioner and every person referred to in subsection (2) must follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.
Disclosure limited
12The Commissioner, a former Commissioner, any current or former employee and any person whose services are or were engaged under section 10 may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this or any other Act of Parliament only for the purpose of exercising those powers or performing those duties and functions or as required by any other law.
Duties and Functions
Review and approval
13The Commissioner is responsible, as set out in sections 14 to 21, for
(a)reviewing the conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act; and
(b)if those conclusions are reasonable, approving those authorizations, amendments and determinations.
Foreign Intelligence Authorization
14The Commissioner must review whether the conclusions — made under subsections 35(1) and (2) of the Communications Security Establishment Act and on the basis of which a Foreign Intelligence Authorization was issued under subsection 27(1) of that Act — are reasonable.
Cybersecurity Authorization
15The Commissioner must review whether the conclusions — made under subsections 35(1) and (3) of the Communications Security Establishment Act and on the basis of which a Cybersecurity Authorization was issued under subsection 28(1) or (2) of that Act — are reasonable.
Amended Authorization
16The Commissioner must review whether the conclusions — made under paragraph 40(2)‍(a) of the Communications Security Establishment Act and on the basis of which an authorization referred to in section 14 is amended, or made under paragraph 40(2)‍(b) of that Act and on the basis of which an authorization referred to in section 15 is amended — are reasonable.
Classes of Canadian datasets
17The Commissioner must review whether the conclusions — made under subsection 11.‍03(2) of the Canadian Security Intelligence Service Act and on the basis of which a class of Canadian datasets is determined under subsection 11.‍03(1) of that Act — are reasonable.
Retention of foreign datasets
18The Commissioner must review whether the conclusions — made under subsection 11.‍17(1) of the Canadian Security Intelligence Service Act and on the basis of which the retention of a foreign dataset was authorized — are reasonable.
Query of dataset in exigent circumstances
19The Commissioner must review whether the conclusions — made under subsection 11.‍22(1) of the Canadian Security Intelligence Service Act and on the basis of which a query of a dataset in exigent circumstances was authorized — are reasonable.
Classes of acts or omissions
20The Commissioner must review whether the conclusions — made under subsection 20.‍1(3) of the Canadian Security Intelligence Service Act and on the basis of which a class of acts or omissions is determined — are reasonable.
Commissioner’s decision
21(1)After conducting a review under any of sections 14 to 17, 19 and 20, the Commissioner, in a written decision,
(a)must approve the authorization, amendment or determination if he or she is satisfied that the conclusions at issue are reasonable; or
(b)must not approve the authorization, amendment or determination if he or she is not so satisfied, and must set out his or her reasons for doing so.
Foreign datasets
(2)After conducting a review under section 18, the Commissioner, in a written decision,
(a)must approve the authorization if he or she is satisfied that the conclusions at issue are reasonable;
(b)must approve the authorization with conditions — respecting the querying or exploitation of the foreign dataset or the retention or destruction of the dataset or of a portion of it — and provide reasons for doing so, if he or she is satisfied that those conclusions are reasonable once the conditions are attached; or
(c)must not approve the authorization in any other case and must set out his or her reasons for doing so.
Time limit
(3)The Commissioner must provide the decision to the person whose conclusions are being reviewed
(a)as soon as feasible, in the case of an authorization referred to in section 19; or
(b)within 30 days after the day on which the Commissioner receives notice of the authorization, amendment or determination, or within any other period that may be agreed on by the Commissioner and the person, in any other case.
For greater certainty
(4)For greater certainty, a decision of the Commissioner is not a statutory instrument within the meaning of the Statutory Instruments Act.
Decision provided to Review Agency
22The Commissioner must provide a copy of every decision made by him or her under section 21 to the National Security and Intelligence Review Agency for the purpose of assisting that Agency in fulfilling its mandate under paragraphs 8(1)‍(a) to (c) of the National Security and Intelligence Review Agency Act.
Information
Provision of information to Commissioner
23(1)Despite any other Act of Parliament and subject to section 26, the person whose conclusions are being reviewed by the Commissioner under any of sections 14 to 20 must, for the purposes of the Commissioner’s review, provide the Commissioner with all information that was before the person in issuing or amending the authorization or making the determination at issue, including information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
No waiver
(2)For greater certainty, the disclosure to the Commissioner under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.
Entitlement to reports
24The Commissioner is entitled to receive a copy of a report, or part of one, submitted by the National Security and Intelligence Review Agency under subsection 32(1) or 33(1) or section 34 or 35 of the National Security and Intelligence Review Agency Act, if the report or part relates to the Commissioner’s powers, duties or functions.
Disclosure of information to Commissioner
25Despite any other Act of Parliament and subject to section 26, the following persons or bodies may — for the purpose of assisting the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions — disclose to the Commissioner any information that is not directly related to a specific review under any of sections 14 to 20:
(a)the Minister of Public Safety and Emergency Preparedness;
(b)the Minister, as defined in section 2 of the Communications Security Establishment Act;
(c)the Canadian Security Intelligence Service; and
(d)the Communications Security Establishment.
No entitlement
26The Commissioner is not entitled to have access to information that is a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.
Transitional Provisions
Definitions
51The following definitions apply in sections 52 to 59.
former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.‍63(1) of the National Defence Act, as it read immediately before the coming into force of section 68.‍ (ancien commissaire)
new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act.‍ (nouveau commissaire)
Former Commissioner
52The person occupying the position of the former Commissioner immediately before the day on which this section comes into force is, on that day and for the remainder of the term for which he or she was appointed to that position, to become the new Commissioner as if he or she had been appointed under subsection 4(1) of the Intelligence Commissioner Act.
Status continued
53(1)Nothing in this Act is to be construed as affecting the status of a person who, immediately before the day on which this section comes into force, occupied a position with the office of the former Commissioner, except that the person is to occupy their position in the office of the new Commissioner on that day.
For greater certainty
(2)For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Powers, duties and functions
54A person referred to in section 53 who was authorized, immediately before the day on which that section comes into force, by the former Commissioner to exercise certain powers or perform certain duties and functions retains the authority to exercise those powers and perform those duties and functions in the office of the new Commissioner.
Appropriations
55Any money that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray any expenditure of the office of the former Commissioner and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the office of the new Commissioner.
Rights, property and obligations
56Subject to section 15, all rights and property of the office of the former Commissioner and of Her Majesty in right of Canada that are under the administration and control of the office of the former Commissioner and all obligations of the office of the former Commissioner are transferred to the office of the new Commissioner.
Contracts
57(1)A contract respecting the provision of materiel or services to the office of the former Commissioner that was entered into by that Commissioner is deemed to have been entered into by the new Commissioner.
References
(2)Unless the context otherwise requires, every reference to the former Commissioner in a contract referred to in subsection (1) is to be read as a reference to the new Commissioner.
Commencement of proceedings
58(1)Any action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred by the former Commissioner, other than one relating to a complaint or a review before him or her, may be brought against the new Commissioner in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Commissioner.
Pending proceedings
(2)Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party, other than one relating to a complaint or a review before him or her, and that is pending immediately before the day on which this section comes into force may be continued by or against the new Commissioner in the same manner and to the same extent as it could have been continued by or against the former Commissioner.
No compensation
59Despite the provisions of any contract, agreement or order, the person appointed to hold office as the former Commissioner has no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of section 68.
Related and Consequential Amendments
R.‍S.‍, c. A-1
Access to Information Act
60Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
R.‍S.‍, c. C-5
Canada Evidence Act
61Item 20 of the schedule to the Canada Evidence Act is repealed.
R.‍S.‍, c. C-23
Canadian Security Intelligence Service Act
62Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:
Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act; (commissaire)
R.‍S.‍, c. F-11
Financial Administration Act
63Schedule I.‍1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Office of the Communications Security Establishment Commissioner
Bureau du commissaire du Centre de la sécurité des télécommunications
and the corresponding reference in column II to “Minister of National Defence”.
64Schedule I.‍1 to the Act is amended by adding, in alphabetical order in column I, a reference to
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
and a corresponding reference in column II to “Prime Minister”.
65Schedule V to the Act is amended by adding the following in alphabetical order:
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
66Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Office of the Communications Security Establishment Commissioner
Bureau du commissaire du Centre de la sécurité des télécommunications
and the corresponding reference in column II to “Commissioner of the Communications Security Establishment”.
67Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
and a corresponding reference in column II to “Intelligence Commissioner”.
R.‍S.‍, c. N-5
National Defence Act
68Section 273.‍63 of the National Defence Act is repealed.
69Subsection 273.‍65(8) of the Act is repealed.
R.‍S.‍, c. O-5
Security of Information Act
70The schedule to the Security of Information Act is amended by adding the following in alphabetical order:
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
R.‍S.‍, c. P-21
Privacy Act
71The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
R.‍S.‍, c. P-36
Public Service Superannuation Act
72Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Office of the Intelligence Commissioner
Bureau du commissaire au renseignement
2015, c. 20, s. 2
Security of Canada Information Disclosure Act
73Schedule 2 to the Security of Canada Information Disclosure Act is amended by deleting the following:
Office of the Communications Security Establishment Commissioner
Bureau du commissaire du Centre de la sécurité des télécommunications
Coordinating Amendments
2004, c. 15
74(1)In this section, other Act means the Public Safety Act, 2002.
(2)If section 78 of the other Act comes into force before section 68 of this Act, then, on the day on which that section 68 comes into force, section 273.‍9 of the National Defence Act is repealed.
(3)If section 68 of this Act comes into force before section 78 of the other Act, then, on the day on which that section 78 comes into force, section 273.‍9 of the National Defence Act is deemed never to have come into force and is repealed.
(4)If section 78 of the other Act comes into force on the same day as section 68 of this Act, then section 273.‍9 of the National Defence Act is deemed never to have come into force and is repealed.
Bill C-22
75(1)Subsections (2) and (3) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (referred to in this section as the “other Act”), receives royal assent.
(2)On the first day on which both section 2 of the other Act and section 50 of this Act are in force, the definition department in that section 2 is replaced by the following:
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 or the office of the Intelligence Commissioner — 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)
(3)On the first day on which both section 21 of the other Act and section 50 of this Act are in force, section 24 of the Intelligence Commissioner Act is replaced by the following:
Entitlement to reports
24The Commissioner is entitled to receive a copy of the following reports, or of a part of the reports, if the report or part in question relates to the Commissioner’s powers, duties or functions:
(a)a special report submitted by the National Security and Intelligence Committee of Parliamentarians under subsection 21(2) of the National Security and Intelligence Committee of Parliamentarians Act; and
(b)a report submitted by the National Security and Intelligence Review Agency under subsection 32(1) or 33(1) or section 34 or 35 of the National Security and Intelligence Review Agency Act.
PART 3
Communications Security Establishment
Communications Security Establishment Act
Enactment of Act
76The Communications Security Establishment Act is enacted as follows:
An Act to establish the Communications Security Establishment
Short Title
Short title
1This Act may be cited as the Communications Security Establishment Act.
Interpretation
Definitions
2The following definitions apply in this Act.
Canadian means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien)
Chief means the Chief of the Establishment appointed under section 8. (chef)
Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act.‍ (commissaire)
entity means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state. (entité)
Establishment means the Communications Security Establishment established under section 5. (Centre)
federal institution includes any of the following institutions of Parliament or the Government of Canada:
(a)the Senate;
(b)the House of Commons;
(c)the Library of Parliament;
(d)the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service;
(e)any federal court;
(f)any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council;
(g)a department as defined in section 2 of the Financial Administration Act;
(h)a Crown corporation established by or under an Act of Parliament; and
(i)any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. (institutions fédérales)
foreign intelligence means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security. (renseignements étrangers)
global information infrastructure includes electromagnetic emissions, any equipment producing such emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, that equipment, those systems or those networks. (infrastructure mondiale de l’information)
Minister means the Minister of National Defence or, if another federal minister is designated under section 4, that minister. (ministre)
publicly available information means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase.‍ (information accessible au public)
Review Agency means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act.‍ (Office de surveillance)
terrorist group has the same meaning as in subsection 83.‍01(1) of the Criminal Code.‍ (groupe terroriste)
unselected, with respect to information, means that the information is acquired, for technical or operational reasons, without the use of terms or criteria to identify information of foreign intelligence interest.‍ (non sélectionnée)
Principle
Principle
3It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.
Designation of Minister
Minister
4The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
Communications Security Establishment
Establishment and Organization
Establishment established
5The Communications Security Establishment is established.
Minister is responsible
6The Minister is responsible for the Establishment.
Head office
7(1)The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act.
Other offices
(2)The Chief may, with the approval of the Minister, establish other offices elsewhere in Canada.
Chief of the Communications Security Establishment
Appointment
8(1)The Governor in Council must appoint a Chief of the Communications Security Establishment to hold office during pleasure for a term not exceeding five years.
Reappointment
(2)The Chief is eligible to be reappointed at the end of a term of office for a further term not exceeding five years.
Salary and expenses
(3)The Chief is to be paid the salary that is fixed by the Governor in Council and is entitled to payments for reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from his or her ordinary place of work.
Compensation
(4)The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.
Absence, incapacity or vacancy
(5)If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.
Chief’s powers, duties and functions
9(1)The Chief, under the direction of the Minister, has the management and control of the Establishment and all matters relating to it.
Rank of deputy head
(2)The Chief has the rank and all the powers of a deputy head of a department.
Delegation by Chief
(3)The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection.
Establishment’s powers, duties and functions
10The powers, duties and functions of the Establishment may be exercised or performed by any person who is appointed to serve in the Establishment in a capacity appropriate to the exercise of the power or the performance of the duty or function.
Directions by Minister
11(1)The Minister may issue written directions to the Chief respecting the performance of the Chief’s duties and functions.
Statutory Instruments Act
(2)Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.
Human Resources
Personnel
12(1)The Chief has exclusive authority to
(a)appoint or lay off the Establishment’s employees, revoke their appointment or terminate their employment; and
(b)establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Right of employer
(2)Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).
Public Service Employment Act
(3)The Public Service Employment Act does not apply with respect to the Establishment, except for Part 7 of that Act.
Political activities
(4)For the purposes of Part 7 of that Act, the Chief is deemed to be a deputy head, and the Establishment’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.
Powers of the Chief
13In exercising his or her authority under subsection 12(1), the Chief may
(a)determine the human resources requirements of the Establishment and provide for the allocation and effective utilization of human resources in the Establishment;
(b)provide for the classification of positions and of the Establishment’s employees;
(c)after consultation with the President of the Treasury Board, determine and regulate the pay to which the Establishment’s employees are entitled for services rendered, their hours of work and their leave and any related matters;
(d)after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to the Establishment’s employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
(e)determine the learning, training and development requirements of the Establishment’s employees and fix the terms on which the learning, training and development may be carried out;
(f)provide for the awards that may be made to the Establishment’s employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
(g)establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;
(h)provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of the Establishment’s employees for reasons other than breaches of discipline or misconduct;
(i)establish policies respecting the exercise of the powers granted by this section; and
(j)provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the Chief considers necessary for effective human resources management in the Establishment.
Negotiation of collective agreements
14Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Establishment employees, the Chief must have the Establishment’s negotiating mandate approved by the President of the Treasury Board.
Mobility to departments
15(1)For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, the Establishment’s employees must be treated as if they were employees as defined in subsection 2(1) of that Act and had the rights of recourse provided by that Act.
When deployments made subject to terms
(2)The Public Service Commission may, in consultation with the Treasury Board, set terms and conditions for the deployment of the Establishment’s employees to departments and agencies under the Public Service Employment Act if, in the Commission’s opinion, the principles governing the Establishment’s staffing program are incompatible with those governing staffing under that Act.
Mobility to Establishment
(3)When the Establishment considers employees as defined in subsection 2(1) of the Public Service Employment Act for employment within the Establishment, it must treat them as if they were the Establishment’s employees and had their rights of recourse.
Mandate
Mandate
16(1)The Establishment is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance.
Aspects of the mandate
(2)The Establishment’s mandate has five aspects: foreign intelligence, cybersecurity and information assurance, defensive cyber operations, active cyber operations and technical and operational assistance.
Foreign intelligence
17The foreign intelligence aspect of the Establishment’s mandate is to acquire, covertly or otherwise, information from or through the global information infrastructure, including by engaging or interacting with foreign entities located outside Canada or by using any other method of acquiring information, and to use, analyse and disseminate the information for the purpose of providing foreign intelligence, in accordance with the Government of Canada’s intelligence priorities.
Cybersecurity and information assurance
18The cybersecurity and information assurance aspect of the Establishment’s mandate is to
(a)provide advice, guidance and services to help protect
(i)federal institutions’ electronic information and information infrastructures, and
(ii)electronic information and information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada; and
(b)acquire, use and analyse information from the global information infrastructure or from other sources in order to provide such advice, guidance and services.
Defensive cyber operations
19The defensive cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to help protect
(a)federal institutions’ electronic information and information infrastructures; and
(b)electronic information and information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada.
Active cyber operations
20The active cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.
Technical and operational assistance
21The technical and operational assistance aspect of the Establishment’s mandate is to provide technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
Designation
22(1)The Minister may, by order, designate any electronic information, any information infrastructures or any class of electronic information or information infrastructures as electronic information or information infrastructures — as the case may be — of importance to the Government of Canada.
Statutory Instruments Act
(2)An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
Activities
No activities — Canadians and persons in Canada
23(1)Activities carried out by the Establishment in furtherance of the foreign intelligence, cybersecurity and information assurance, defensive cyber operations or active cyber operations aspects of its mandate must not be directed at a Canadian or at any person in Canada.
No activities — global information infrastructure in Canada or without authorization
(2)Activities carried out by the Establishment in furtherance of the defensive cyber operations or active cyber operations aspects of its mandate
(a)must not be directed at any portion of the global information infrastructure that is in Canada; and
(b)must not be carried out except under an authorization issued under subsection 30(1) or 31(1).
Contravention of other Acts — foreign intelligence
(3)Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament unless they are carried out under an authorization issued under subsection 27(1) or 41(1).
Contravention of other Acts — cybersecurity and information assurance
(4)Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament unless they are carried out under an authorization issued under subsection 28(1) or (2) or 41(1).
Establishment’s activities
24(1)Despite subsections 23(1) and (2), the Establishment may carry out any of the following activities in furtherance of its mandate:
(a)acquiring, using, analysing, retaining or disclosing publicly available information;
(b)acquiring, using, analysing, retaining or disclosing infrastructure information for the purpose of research and development, for the purpose of testing systems or conducting cybersecurity and information assurance activities on the infrastructure from which the information was acquired; and
(c)testing or evaluating products, software and systems, including testing or evaluating them for vulnerabilities.
Investment Canada Act
(2)Despite subsection 23(1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.‍1 of that Act.
Cybersecurity and information assurance
(3)Despite subsection 23(1), the Establishment may carry out any of the following activities in furtherance of the cybersecurity and information assurance aspect of its mandate:
(a)carrying out activities on information infrastructures to identify or isolate malicious software, prevent malicious software from harming those information infrastructures or mitigate any harm that malicious software causes to them; and
(b)analysing information in order to be able to provide advice on the integrity of supply chains and on the trustworthiness of telecommunications, equipment and services.
Information acquired incidentally
(4)The Establishment may acquire information relating to a Canadian or a person in Canada incidentally in the course of carrying out activities under an authorization issued under subsection 27(1), 28(1) or (2) or 41(1).
Definitions
(5)The following definitions apply in this section.
incidentally, with respect to the acquisition of information, means that the information acquired was not itself deliberately sought and that the information-acquisition activity was not directed at the Canadian or person in Canada.‍ (incidemment)
infrastructure information means information relating to
(a)any functional component, physical or logical, of the global information infrastructure; or
(b)events that occur during the interaction between two or more devices that provide services on a network — not including end-point devices that are linked to individual users — or between an individual and a machine, if the interaction is about only a functional component of the global information infrastructure.
It does not include information that could be linked to an identifiable person. (information sur l’infrastructure)
Measures to protect privacy
25The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of
(a)information related to them acquired in the course of the furtherance of the foreign intelligence and cybersecurity and information assurance aspects of the Establishment’s mandate; or
(b)publicly available information related to them acquired under paragraph 24(1)‍(a).
Technical and operational assistance activities
26(1)If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then the Establishment, in the course of providing the assistance, has the same authority to carry out any activity as would have the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if it were carrying out the activity, and is subject to any limitations imposed by law on the agency, the Canadian Forces or that Department, including requirements with respect to any applicable warrant.
Exemptions, protections and immunities
(2)If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if those persons were carrying out the activity.
Authorizations
Foreign Intelligence and Cybersecurity Authorizations
Foreign Intelligence Authorizations
27(1)The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate.
Activities authorized
(2)Activities and classes of activities that a Foreign Intelligence Authorization may authorize the Establishment to carry out may include any of the following:
(a)gaining access to a portion of the global information infrastructure;
(b)acquiring information on or through the global information infrastructure, including unselected information;
(c)installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure;
(d)doing anything that is reasonably necessary to maintain the covert nature of the activity; and
(e)carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activity, authorized by the authorization.
Cybersecurity Authorizations — federal infrastructures
28(1)The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)‍(e) of the Criminal Code, from mischief, unauthorized use or disruption.
Cybersecurity Authorizations — non-federal infrastructures
(2)The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 22(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)‍(e) of the Criminal Code, from mischief, unauthorized use or disruption.
Approval of Commissioner
29(1)An authorization issued under subsection 27(1) or 28(1) or (2) is valid when — if it is approved by the Commissioner under paragraph 21(1)‍(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization.
No activities until authorization valid
(2)For greater certainty, no activity that is specified in an authorization issued under subsection 27(1) or 28(1) or (2) is authorized until the authorization is valid under subsection (1).
Cyber Operations Authorizations
Defensive Cyber Operations Authorizations
30(1)The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate.
Minister of Foreign Affairs
(2)The Minister may issue the authorization only if he or she has consulted the Minister of Foreign Affairs.
Active Cyber Operations Authorizations
31(1)The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate.
Minister of Foreign Affairs
(2)The Minister may issue the authorization only if the Minister of Foreign Affairs has requested the authorization’s issue or has consented to its issue.
Request or consent in writing
(3)The request or consent of the Minister of Foreign Affairs may be oral, but in that case he or she must provide written confirmation of the request or consent to the Minister as soon as feasible.
Activities authorized
32Activities and classes of activities that an authorization issued under subsection 30(1) or 31(1) may authorize the Establishment to carry out may include any of the following:
(a)gaining access to a portion of the global information infrastructure;
(b)installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure;
(c)doing anything that is reasonably necessary to maintain the covert nature of the activity; and
(d)carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
Prohibited conduct
33(1)In carrying out any activity under an authorization issued under subsection 30(1) or 31(1), the Establishment must not
(a)cause, intentionally or by criminal negligence, death or bodily harm to an individual; or
(b)wilfully attempt in any manner to obstruct, pervert or defeat the course of justice or democracy.
Definition of bodily harm
(2)In subsection (1), bodily harm has the same meaning as in section 2 of the Criminal Code.
Procedure
Applications for authorizations
34(1)The Minister may issue an authorization under subsection 27(1), 28(1) or (2), 30(1) or 31(1) only on the written application of the Chief.
Contents of application
(2)The application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the authorization is necessary and that the conditions for issuing it are met.
Written request of infrastructure owner or operator
(3)If the application is for an authorization to be issued under subsection 28(2), the application must include the written request of the owner or operator of the information infrastructure to the Establishment to carry out the activity that would be authorized.
Minister of Foreign Affairs’ request or consent
(4)If the application is for an authorization to be issued under subsection 31(1), the application must include the request or consent referred to in subsection 31(2) if it is in writing.
Conditions for authorizations
35(1)The Minister may issue an authorization under subsection 27(1), 28(1) or (2), 30(1) or 31(1) only if he or she concludes that there are reasonable grounds to believe that any activity that would be authorized by it is reasonable and proportionate, having regard to the nature of the objective to be achieved and the nature of the activities.
Conditions for authorizations — foreign intelligence
(2)The Minister may issue an authorization under subsection 27(1) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that
(a)any information acquired under the authorization could not reasonably be acquired by other means and will be retained for no longer than is reasonably necessary;
(b)any unselected information acquired under the authorization could not reasonably be acquired by other means, in the case of an authorization that authorizes the acquisition of unselected information; and
(c)the measures referred to in section 25 will ensure that information acquired under the authorization that is identified as relating to a Canadian or a person in Canada will be used, analysed or retained only if the information is essential to international affairs, defence or security.
Conditions for authorizations — cybersecurity
(3)The Minister may issue an authorization under subsection 28(1) or (2) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that
(a)any information acquired under the authorization will be retained for no longer than is reasonably necessary;
(b)the consent of all persons whose information may be acquired could not reasonably be obtained, in the case of an authorization to be issued under subsection 28(1);
(c)any information acquired under the authorization is necessary to identify, isolate, prevent or mitigate harm to
(i)federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 28(1), or
(ii)electronic information or information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 28(2); and
(d)the measures referred to in section 25 will ensure that information acquired under the authorization that is identified as relating to a Canadian or a person in Canada will be used, analysed or retained only if the information is essential to identify, isolate, prevent or mitigate harm to
(i)federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 28(1), or
(ii)electronic information or information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 28(2).
Conditions for authorizations — defensive and active cyber operations
(4)The Minister may issue an authorization under subsection 30(1) or 31(1) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that the objective of the cyber operation could not reasonably be achieved by other means and that no information will be acquired under the authorization except in accordance with an authorization issued under subsection 27(1) or 28(1) or (2) or 41(1).
Content of authorizations
36An authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) must specify
(a)the activities or classes of activities that it authorizes the Establishment to carry out;
(b)the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament;
(c)the persons or classes of persons who are authorized to carry out the activities or classes of activities referred to in paragraph (a);
(d)any terms, conditions or restrictions that the Minister considers advisable in the public interest, or advisable to ensure the reasonableness and proportionality of any activity authorized by the authorization;
(e)in the case of an authorization issued under subsection 27(1) or 28(1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them;
(f)in the case of an authorization issued under subsection 27(1), whether the activities authorized include acquiring unselected information, and any terms, conditions or restrictions that the Minister considers advisable to limit the use, analysis and retention of, and access to, unselected information;
(g)the day on which the authorization is issued;
(h)the day on which the authorization expires; and
(i)anything else reasonable in the circumstances and reasonably necessary in aid of any other activity, or class or activities, authorized by the authorization.
Period of validity of authorizations
37(1)An authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) may be valid for a period not exceeding one year.
Extension — foreign intelligence or cybersecurity
(2)The Minister may extend the period of validity of an authorization issued under subsection 27(1) or 28(1) or (2) by up to a period not exceeding one year from the day referred to in paragraph 36(h).
No review by Commissioner
(3)The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act.
Repeal and Amendment
Significant change — Minister to be notified
38(1)If there is a significant change in any fact that was set out in the application for an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1), the Chief must notify the Minister of the change as soon as feasible.
Commissioner notified
(2)If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 27(1) or 28(1) or (2), the Minister must notify the Commissioner of his or her conclusion.
Review Agency notified
(3)If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 30(1) or 31(1), the Minister must notify the Review Agency of his or her conclusion.
Repeal of authorization
39The Minister may repeal an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) at any time.
Amendment
40(1)The Minister may amend an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) if the Minister concludes that there has been a significant change in any fact that was set out in the application for the authorization.
Conditions for amendment
(2)The Minister may amend an authorization only if he or she concludes that there are reasonable grounds to believe that, taking into account the significant change,
(a)the conditions referred to in subsections 35(1) and (2) are met, in the case of an authorization issued under subsection 27(1);
(b)the conditions referred to in subsections 35(1) and (3) are met, in the case of an authorization issued under subsection 28(1) or (2); or
(c)the conditions referred to in subsections 35(1) and (4) are met, in the case of an authorization issued under subsection 30(1) or 31(1).
Amendment takes effect on approval — foreign intelligence and cybersecurity
(3)An amended authorization issued under subsection 27(1) or 28(1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 21(1)‍(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment.
Activities under amended authorization — foreign intelligence and cybersecurity
(4)For greater certainty, an activity that is specified in an amended authorization issued under subsection 27(1) or 28(1) or (2) in respect of which the Commissioner has provided the Minister with the written decision approving the amendment is authorized only to the extent that it is carried out in accordance with the authorization as amended.
Activities under amended authorization — cyber operations
(5)For greater certainty, an activity that is specified in an amended authorization issued under subsection 30(1) or 31(1) is authorized only to the extent that it is carried out in accordance with the authorization as amended.
Emergency Authorizations
Emergency Authorizations
41(1)If the Minister concludes that there are reasonable grounds to believe that the conditions referred to in subsections 35(1) and (2) or 35(1) and (3) are met but that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 27(1) or 28(1) or (2), as the case may be, the Minister may issue a Foreign Intelligence Authorization that authorizes the Establishment to carry out any activity referred to in section 27, or a Cybersecurity Authorization that authorizes the Establishment to carry out any activity referred to in subsection 28(1) or (2).
No review by Commissioner
(2)The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act.
Applications for authorizations
(3)Subsections 34(1) to (3) apply to an application for an authorization issued under subsection (1), except that
(a)the application may be made orally; and
(b)the application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 27(1) or 28(1) or (2).
Written request of infrastructure owner or operator
(4)For greater certainty, even if an application is made orally for an authorization that authorizes the Establishment to carry out any activity referred to in subsection 28(2), the request of the owner or operator of the information infrastructure to the Establishment to carry out the activity must be in writing.
Commissioner and Review Agency notified
42The Minister must notify the Commissioner and the Review Agency of any authorization issued under subsection 41(1) as soon as feasible after issuing it.
Period of validity of authorizations
43An authorization issued under subsection 41(1) may be valid for a period not exceeding five days.
Disclosure of Information
Canadian identifying information
44The Establishment may disclose, to persons or classes of persons designated under section 46, information that could be used to identify a Canadian or a person in Canada and that has been used, analysed or retained under an authorization issued under subsection 27(1), if the Establishment concludes that the disclosure is essential to international affairs, defence, security or cybersecurity.
Cybersecurity and information assurance
45(1)The Establishment may disclose, to persons or classes of persons designated under section 46, information that has been acquired, used or analysed in the course of activities carried out under the cybersecurity and information assurance aspect of its mandate, if the Establishment concludes that the disclosure is necessary to help protect
(a)federal institutions’ electronic information and information infrastructures; or
(b)electronic information and information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada.
Private communications
(2)Information disclosed under subsection (1) may include an intercepted private communication as well as the existence of an intercepted private communication.
Definition of private communication
(3)In subsection (2), private communication has the same meaning as in section 183 of the Criminal Code.
Designated persons or classes of persons
46The Minister may, by order, designate persons and classes of persons for the purposes of section 44 and subsection 45(1).
Urgent circumstances
47(1)The Establishment may use and analyse information relating to a Canadian or a person in Canada if it has reasonable grounds to believe that there is an imminent danger of death or serious bodily harm to any individual and that the information will be relevant to the imminent danger.
Urgent circumstances — disclosure
(2)The Establishment may disclose the information to any appropriate person if its disclosure may help prevent the death or serious bodily harm.
Minister and Review Agency notified
(3)If the Establishment uses or analyses information under subsection (1), or discloses information under subsection (2), the Chief must notify the Minister in writing as soon as feasible, and the Minister must notify the Review Agency.
General Rules About Authorizations
Power exercised personally
48The Minister must personally exercise the powers that are set out in subsections 27(1), 28(1) and (2), 30(1), 31(1), 37(2), 40(1) and 41(1).
Authorizations provided to Commissioner
49(1)The Minister must provide a copy of each authorization issued under subsection 27(1) or 28(1) or (2), or amended under subsection 40(1), to the Commissioner after issuing it or amending it, as the case may be, for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.
Notice of authorization or amendment
(2)The copy of the authorization constitutes notice of the authorization or amendment for the purposes of the calculation of the time limit referred to in paragraph 21(3)‍(b) of that Act.
No civil or criminal liability
50No person who acts in accordance with an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.
Exclusion of Part VI of Criminal Code
51Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1) or in relation to a communication so intercepted.
Crown Liability and Proceedings Act
52No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
(a)the use or disclosure under this Act of any communication intercepted under the authority of an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1); or
(b)the disclosure under this Act of the existence of such a communication.
Report
53(1)Within 90 days after the last day of the period of validity of an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1), the Chief must provide a written report to the Minister on the outcome of the activities carried out under the authorization.
Copy of report to Commissioner and Review Agency
(2)The Minister must provide the Commissioner and the Review Agency with a copy of a report on the outcome of the activities carried out under an authorization issued under subsection 27(1), 28(1) or (2) or 41(1).
Copy of report to Review Agency
(3)The Minister must provide the Review Agency with a copy of a report on the outcome of the activities carried out under an authorization issued under subsection 30(1) or 31(1).
Statutory Instruments Act
54Authorizations issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1) and orders made under section 46 are not statutory instruments within the meaning of the Statutory Instruments Act.
Arrangements
Arrangements
55(1)The Establishment may enter into arrangements with entities that have powers and duties similar to the Establishment’s — including entities that are institutions of foreign states or that are international organizations of states or institutions of those organizations — for the purposes of the furtherance of its mandate, including for the purposes of sharing information with them or otherwise cooperating with them.
Approval of Minister after consultation
(2)However, the Establishment may enter into an arrangement with institutions of foreign states, international organizations of states or institutions of those organizations only with the Minister’s approval, after the Minister has consulted the Minister of Foreign Affairs.
General
Prohibition on disclosure
56(1)It is prohibited, in a proceeding before a court, person or body with jurisdiction to compel the production of information, to disclose the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred.
Exceptions
(2)Subsection (1) does not apply when
(a)the information or identity is disclosed by the person or entity to their solicitor or, in Quebec, advocate in connection with a proceeding, if the information is relevant to that proceeding;
(b)the information or identity is disclosed to enable the Attorney General of Canada, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under this section; or
(c)the information or identity is disclosed to the Commissioner or to the Review Agency.
Exception — consent
(3)The identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred, may be disclosed in a proceeding referred to in subsection (1) if the person or entity and the Chief consent to the disclosure.
Application of other Acts
(4)Sections 38 to 38.‍16 of the Canada Evidence Act, or sections 83 and 87 of the Immigration and Refugee Protection Act, as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications.
Confidentiality — information
(5)The judge must ensure the confidentiality of the following:
(a)the identity of any person or entity that has assisted or is assisting the Establishment on a confidential basis, and any information from which the identity of such a person or entity could be inferred; and
(b)information and other evidence provided in respect of an application under any provision referred to in subsection (4) if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person.
Confidentiality — application
(6)If, in the judge’s opinion, the disclosure of the fact that an application under any provision referred to in subsection (4) would result in the disclosure of an identity or information referred to in paragraph (5)‍(a), the judge must ensure the confidentiality of the application and all information related to it.
Order authorizing disclosure
(7)The judge may, by order, authorize disclosure that the judge considers appropriate, subject to any conditions that the judge specifies, of the identity or information referred to in subsection (1) if, in the judge’s opinion,
(a)the person or entity is not a person or entity that has assisted or is assisting the Establishment on a confidential basis, or the information is not information from which the identity of such a person or entity could be inferred; or
(b)in the case of a proceeding that is a prosecution of an offence, the disclosure of the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or information from which the identity of such a person or entity could be inferred, is essential to establish the accused’s innocence and may be disclosed in the proceeding.
Order confirming prohibition
(8)If the judge does not authorize disclosure under paragraph (7)‍(a) or (b), the judge must, by order, confirm the prohibition of disclosure.
When determination takes effect
(9)An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available.
Confidentiality on appeal
(10)In the case of an appeal, subsections (5) and (6) apply, with any necessary modifications, to the court to which the appeal is taken.
Definition of judge
(11)In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under any Act of Parliament for the protection of information.
Assistance or disclosure of information — no presumptions
57The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption
(a)that the Establishment is conducting a joint investigation or decision-making process with the entity to which assistance is provided or information is disclosed and therefore has the same obligations, if any, as the entity to disclose or produce information for the purposes of a proceeding; or
(b)there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an entity that is not a federal institution.
Access to Information Act
58For the purposes of the Access to Information Act, if any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.
Privacy Act
59For the purposes of the Privacy Act, if any personal information, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control.
Annual Report
60The Establishment must, within three months after the end of each fiscal year, publish an annual report on its activities during that fiscal year.
Regulations
Regulations
61The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations
(a)respecting the management and control of the Establishment, including security on and around the Establishment’s premises, access to its premises, the search of persons on or around its premises and the search and seizure of items on or around its premises;
(b)respecting the measures referred to in section 25 to protect the privacy of Canadians and of persons in Canada; and
(c)amending the definition of any term defined in section 2 or subsection 24(5) or 45(3) to respond, directly or indirectly, to any technological change.
Transitional Provisions
Definitions
77The following definitions apply in sections 78 to 82.
former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère)
new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère)
Chief
78(1)The Chief of the Communications Security Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed.
Employees
(2)Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76, occupied a position in the former department, except that the employee, on the coming into force of that section, occupies that position in the new department.
Transfer of appropriations
79(1)Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department.
Transfer of powers, duties and functions
(2)If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department.
Ministerial authorizations
80(1)An authorization that was issued under subsection 273.‍65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal.
Repeal
(2)The Minister may repeal an authorization referred to in subsection (1) at any time.
Arrangements
81Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms.
References
82(1)A reference to the former department in any of the following is deemed to be a reference to the new department:
(a)Schedule I to the Access to Information Act under the heading “Other Government Institutions”;
(b)Schedules I.‍1, V and VI to the Financial Administration Act;
(c)the schedule to the Privacy Act under the heading “Other Government Institutions”;
(d)the schedule to the Security of Information Act;
(e)Schedule 3 to the Security of Canada Information Disclosure Act;
(f)the National Security and Intelligence Review Agency Act; and
(g)the Intelligence Commissioner Act.
Deputy head
(2)The designation of a person as deputy head of the former department in any order of the Governor in Council made under section 55 of the National Security and Intelligence Review Agency Act is deemed to be a designation of the Chief of the new department as deputy head of that department.
R.‍S.‍, c. N-5
National Defence Act
83(1)Paragraph 273.‍64(1)‍(c) of the National Defence Act is replaced by the following:
(c)to provide technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
(2)Subsection 273.‍64(3) of the Act is replaced by the following:
Limitations imposed by law
(3)Activities carried out under paragraph (1)‍(c) are subject to any limitations imposed by law on federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
Consequential Amendments
R.‍S.‍, c. N-5
National Defence Act
84Part V.‍1 of the National Defence Act is repealed.
1991, c. 30
Public Sector Compensation Act
85Subsection 7.‍1(1) of the French version of the Public Sector Compensation Act is replaced by the following:
Programme de réduction du personnel civil
7.‍1(1)Par dérogation à la présente loi ou à toute autre loi fédérale, à l’exception de la Loi canadienne sur les droits de la personne, le Conseil du Trésor peut fixer les conditions du Programme de réduction du personnel civil découlant du budget du 22 février 1994 et, conformément à ce programme, offrir ou donner des sommes aux salariés — ou pour leur compte — engagés pour une durée indéterminée par le ministère de la Défense nationale, le Centre de la sécurité des télécommunications ou le service de Protection civile du Canada.
86Schedule I to the Act is amended by striking out the following under the heading “Other Portions of the Public Service”:
Communications Security Establishment, Department of National Defence
Centre de la sécurité des télécommunications, ministère de la Défense nationale
87Schedule I to the Act is amended by adding, in alphabetical order, the following under the heading “Other Portions of the Public Service”:
Communications Security Establishment
Centre de la sécurité des télécommunications
2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
88Paragraph 55(3)‍(f) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:
(f)the Communications Security Establishment, if the Centre also determines that the information is relevant to the foreign intelligence aspect of the Communications Security Establishment’s mandate, referred to in section 17 of the Communications Security Establishment Act; and
2015, c. 20, s. 2
Security of Canada Information Disclosure Act
89Paragraph (g) of the definition activity that undermines the security of Canada in subsection 2(1) of the Security of Canada Information Disclosure Act is replaced by the following:
(g)significant or widespread interference with the global information infrastructure, as defined in section 2 of the Communications Security Establishment Act; and
Coordinating Amendments
2004, c. 15
90(1)In this section, “other Act” means the Public Safety Act, 2002, chapter 15 of the Statutes of Canada, 2004.
(2)If section 84 of this Act comes into force before section 78 of the other Act, then, on the day on which that section 84 comes into force,
(a)that section 78 is amended by replacing “section 273.‍7” with “section 273.‍601”; and
(b)Part V.‍2 of the National Defence Act, as enacted by that section 78, is renumbered as Part V.‍1.
(3)If section 84 of this Act and section 78 of the other Act come into force on the same day, then that section 78 is deemed to have come into force before that section 84.
Bill C-44
91If Bill C-44, introduced in the 1st session of the 42nd Parliament and entitled the Budget Implementation Act, 2017, No. 1 receives royal assent, then, on the first day on which both section 128 of that Act and section 76 of this Act are in force, paragraph (d) of the definition federal institution in section 2 of the Communications Security Establishment Act is replaced by the following:
(d)the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer;
PART 4
R.‍S.‍, c. C-23
Canadian Security Intelligence Service Act
Amendments to the Act
92The Canadian Security Intelligence Service Act is amended by adding the following after the long title:
Preamble
Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;
Whereas it is essential, to discharge that responsibility, for Canada to have a civilian intelligence service;
And whereas it is important that the civilian intelligence service perform its duties and functions in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms;
93Section 2 of the Act is amended by adding the following in alphabetical order:
bodily harm has the same meaning as in section 2 of the Criminal Code; (lésions corporelles)
Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984; (Convention contre la torture)
94Section 2 of the Act is amended by adding the following in alphabetical order:
Canadian in respect of a dataset, means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or a corporation incorporated or continued under the laws of Canada or a province; (Canadien)
dataset means a collection of information stored as an electronic record and characterized by a common subject matter; (ensemble de données)
exploitation means a computational analysis of one or more datasets for the purpose of obtaining intelligence that would not otherwise be apparent; (exploitation)
query means a specific search, with respect to a person or entity, of one or more datasets, for the purpose of obtaining intelligence; (interrogation)
95Section 6 of the Act is amended by adding the following after subsection (5):
Justification
(6)The reports shall also include
(a)a general description of the information and intelligence collection activities in the context of which employees designated under subsection 20.‍1(6) or (8) committed acts or omissions that would otherwise constitute offences;
(b)a general description of those acts or omissions;
(c)the information referred to in paragraphs 20.‍1(24)‍(a) to (e); and
(d)information on the training received by employees designated under subsection 20.‍1(6) or (8) and by senior employees designated under subsection 20.‍1(7).
96Section 7 of the Act is amended by adding the following after subsection (2):
Consultation with Deputy Minister — authorization
(2.‍1)The Director or any employee who is designated under subsection 11.‍04(1) for the purpose of applying for a judicial authorization referred to in section 11.‍12 shall consult the Deputy Minister before applying for the judicial authorization.
97The Act is amended by adding the following before section 12:
Definitions
11.‍01The following definitions apply in sections 11.‍01 to 11.‍25.
approved class means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.‍03 and that has been approved by the Commissioner under the Intelligence Commissioner Act. (catégorie approuvée)
designated employee means an employee who is designated under section 11.‍04 or 11.‍06. (employé désigné)
publicly available dataset means a dataset referred to in paragraph 11.‍07(1)‍(a). (ensemble de données accessible au public)
Canadian dataset means a dataset described in paragraph 11.‍07(1)‍(b).‍ (ensemble de données canadien)
foreign dataset means a dataset described in paragraph 11.‍07(1)‍(c).‍ (ensemble de données étranger)
Application
11.‍02Sections 11.‍01 to 11.‍25 apply to every dataset that contains personal information, as defined in section 3 of the Privacy Act, that does not directly and immediately relate to activities that represent a threat to the security of Canada.
Classes — Canadian datasets
11.‍03(1)At least once every year, the Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.
Criteria
(2)The Minister may determine that a class of Canadian datasets is authorized to be collected if the Minister concludes that the querying or exploitation of any dataset in the class could lead to results that are relevant to the performance of the Service’s duties and functions set out under sections 12, 12.‍1 and 16.
Notification of Commissioner
(3)The Minister shall notify the Commissioner of the Minister’s determination under subsection (1) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.
Statutory Instruments Act
(4)An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
Designation of employees — Minister