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2nd Session, 41st Parliament,
62-63 Elizabeth II, 2013-2014
senate of canada
An Act to establish the Intelligence and Security Committee of Parliament
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. This Act may be cited as the Intelligence and Security Committee of Parliament Act.
Definition of “Committee”
2. In this Act, “Committee” means the Intelligence and Security Committee of Parliament established by section 3.
COMMITTEE, MEMBERS AND STAFF
3. (1) There is established a committee, to be known as the Intelligence and Security Committee of Parliament, which is to be composed of nine members of both Houses of Parliament who are not ministers of the Crown or parliamentary secretaries, and of whom three must be members of the Senate and six must be members of the House of Commons.
Not a committee of Parliament
(2) The Committee is not a committee of either House of Parliament or of both Houses.
Appointment of members
4. (1) Members of the Committee must be appointed by the Governor in Council and hold office during pleasure until the dissolution of Parliament following their appointment.
(2) A member of either House belonging to an opposition party recognized in that House may only be appointed as a member of the Committee after consultation with the leader of that party.
(3) A member of either House may only be appointed as a member of the Committee after approval of the appointment by resolution of that House.
Ceasing to be member
(4) A member of the Committee ceases to be a member on appointment as a minister of the Crown or parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons.
Designation of Chair
5. (1) The Chair of the Committee must be elected by the members of the Committee.
(2) The Chair may designate one of the other members to act as Chair in his or her absence for a period not exceeding 45 days.
(3) The Chair or acting Chair may vote at meetings of the Committee and, in the case of equality of votes, also has a deciding vote.
6. Subject to this Act, the Committee may determine the procedure to be followed in the performance of any of its duties or functions.
7. The Committee may engage a secretary and such other staff as it requires, and may fix and pay the remuneration and expenses of that staff.
Service without remuneration
8. (1) Members of the Committee are not to be remunerated for their services in connection with the work of the Committee.
Reimbursement of expenses
(2) Members of the Committee are entitled to be reimbursed, in accordance with directives of the Treasury Board, for expenses incurred by them in connection with the work of the Committee while they are absent
(a) from the National Capital Region, as described in the schedule to the National Capital Act, on days that the Senate or the House of Commons, as the case may be, is sitting; or
(b) from their ordinary place of residence at any other time.
Eligibility to remain in Commons
9. Despite section 32 of the Parliament of Canada Act, no member of the Committee is ineligible to be a member of the House of Commons or to sit or vote in that House by reason of the reimbursement of expenses under subsection 8(2).
10. The Chair of the Committee must annually cause to be prepared an estimate of the sums that will be required to be provided by Parliament for the payment of the salaries, allowances and expenses of the Committee during the next ensuing fiscal year, and must transmit that estimate to the President of the Treasury Board, who must lay it before the House of Commons with the estimates of the government for the fiscal year.
SECURITY AND CONFIDENTIALITY
Oath of office
11. Every member of the Committee and every person engaged by it must, before commencing the duties of office, take an oath in the form set out in the schedule to this Act, and must comply with the oath both during and after their term of appointment or employment.
Security of Information Act
12. For purposes of the Security of Information Act, every member of the Committee and every person engaged by it is a person permanently bound to secrecy.
13. Despite any other Act of Parliament, members of the Committee may not claim immunity based on parliamentary privilege for the use or communication of information that comes into their possession or knowledge in their capacity as members of the Committee.
When meetings in camera
14. Meetings of the Committee must be held in camera whenever the Chair or a majority of members present considers it necessary for the Committee to do so.
MANDATE OF THE COMMITTEE
15. The mandate of the Committee is to review the legislative, regulatory, policy and administrative framework for intelligence and national security in Canada, and activities of federal departments and agencies in relation to intelligence and national security.
POWERS OF THE COMMITTEE
16. The Committee has the power to summon before it any witnesses, and to require them to
(a) give evidence orally or in writing, and on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and
(b) produce such documents and things as the Committee deems requisite for the performance of its duties and functions.
Access to information
17. (1) Despite any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (2), the Committee is entitled to have access to any information under the control of federal departments and agencies that relates to the performance of the duties and functions of the Committee and to receive from their employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.
(2) No information described in subsection (1), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.
18. (1) The Committee must submit an annual report to the Prime Minister on reviews conducted by the Committee during the year under section 15.
(2) The Prime Minister may, after the Chair of the Committee has been consulted, exclude from the copy of the report that is to be laid before each House of Parliament under subsection (3) any information the disclosure of which would, in the Prime Minister’s opinion, be injurious to national security or national defence.
Tabling in Parliament
(3) The Prime Minister must cause a copy of the report to be laid before each House of Parliament within the first 45 days on which that House is sitting after the Prime Minister receives the report.
(4) The copy of the report laid before each House of Parliament pursuant to subsection (3) must state whether any information has been excluded from it pursuant to subsection (2).
R.S., c. O-5
Security of Information Act
19. Section 12 of the Security of Information Act is amended by adding the following after subsection (1):
(1.1) Subject to subsection (2), a certificate purporting to have been issued by or under the authority of the President of the Queen’s Privy Council for Canada stating that a person is a member or employee or former member or former employee of the Intelligence and Security Committee of Parliament — and, as such, is a person permanently bound to secrecy by virtue of section 12 of the Intelligence and Security Committee of Parliament Act — shall be received and is admissible in evidence in any proceedings for an offence under section 13 or 14, without proof of the signature or authority of the President, and, in the absence of evidence to the contrary, is proof of the fact so stated.
2006, c. 9, s. 2
Conflict of Interest Act
20. The definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is amended by striking out “and” at the end of subparagraph (d)(v), by adding “and” at the end of subparagraph (d)(vi) and by adding the following after subparagraph (d)(vi):
(vii) a member of the Intelligence and Security Committee of Parliament established by section 3 of the Intelligence and Security Committee of Parliament Act;
COMING INTO FORCE
Coming into force
21. This Act comes into force one year after the day on which it receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.
Security of Information Act
Clause 19: New.
Conflict of Interest Act
Clause 20: Relevant portion of the definition:
“public office holder” means
. . .
(d) a Governor in Council appointee, other than the following persons, namely,
. . .