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Bill C-59

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

HOUSE OF COMMONS OF CANADA

BILL C-59
An Act respecting national security matters

Reprinted as amended by the Standing Committee on Public Safety and National Security as a working copy for the use of the House of Commons at Report Stage and as reported to the House on May 3, 2018

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 1.‍1 enacts the Avoiding Complicity in Mistreatment by Foreign Entities Act to authorize the issuance of directions respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity.

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, amendments 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 House of Commons website at the following address:
www.ourcommons.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

37.‍1

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 1.‍1
Avoiding Complicity in Mistreatment by Foreign Entities
Avoiding Complicity in Mistreatment by Foreign Entities Act
49.‍1

Enactment of Act

Coordinating Amendments
49.‍2

Part 1.‍1 of this Act

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

Section 83.‍3 of the Criminal Code
157.‍1

Application

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

169.‍1

Order in council

170

Order in council

171

Order in council

172

Order in council

173

Order in council



1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

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;

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Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;

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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 Insertion start subsection Insertion end 42(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.

Agency procedures
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7.‍1Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.

End of inserted block
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.

Review — ministerial direction
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(2.‍1)The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following:

  • (a)the Canadian Security Intelligence Service;

  • (b)the Communications Security Establishment; and

  • (c)any other department if the ministerial direction relates to national security or intelligence.

    End of inserted block
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 Insertion start any priv­ilege under the law of evidence Insertion end , 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 Insertion start and any privilege under the law of evidence Insertion end 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.

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Coordination
End of inserted block
Coordination with Privacy Commissioner
Start of inserted block

15.‍1(1)When fulfilling its mandate under any of paragraphs 8(1)‍(a) to (c), the Review Agency may coordinate its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.

End of inserted block
Provision of information
Start of inserted block

(2)The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)‍(a) to (c).

End of inserted block
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.

Duty to suspend
Start of inserted block

27.‍1Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.

End of inserted block
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).

Political activities

(3)Part 7 of the Public Service Employment Act Insertion start applies Insertion end to the executive director Insertion start and Insertion end the Insertion start Secretariat’s employees Insertion end . For the purposes of that Part, the Insertion start executive director Insertion end 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.

48[Deleted]

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.

Start of inserted block
General
End of inserted block
Powers not limited
Start of inserted block

54.‍1Nothing in this Act is to be construed as limiting the power of any body or person that is authorized under an Act of Parliament to conduct a review or investigation in relation to any activity of a department.

End of inserted block
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 Agency means the National Security and Intelligence Review Agency.‍ (Office de surveillance)

threats to the security of Canada has 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 Agency means 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

Start of inserted block
37.‍1Section 37 of the Privacy Act is amended by adding the following after subsection (4):
End of inserted block
Coordination with Review Agency
Start of inserted block

(5)The Privacy Commissioner may coordinate his or her activities under subsection (1) with those of the National Security and Intelligence Review Agency under any of paragraphs 8(1)‍(a) to (c) of the National Security and Intelligence Review Agency Act to avoid any unnecessary duplication of work.

37.‍2Section 64 of the Act is amended by adding the following after subsection (2):
End of inserted block
Provision of information
Start of inserted block

(3)The Privacy Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose — to the extent that the Commissioner or the authorized person, as the case may be, considers necessary for the purpose of subsection 37(5) — information concerning the Commissioner’s activities under subsection 37(1) to the National Security and Intelligence Review Agency.

End of inserted block
38The schedule to the 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.

Notification of referral
Start of inserted block

(4.‍2)The Commission shall notify the Commissioner if it refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral.

End of inserted block
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) Insertion start Subject to subsection (3.‍1) Insertion end , if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.

Notice — application of subsection (2.‍1)

Insertion start (3.‍1) Insertion end If Insertion start the investigation of a complaint is discontinued Insertion end under subsection (2.‍1), Insertion start the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance Insertion end and the referral of Insertion start the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant. Insertion end

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 the 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 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:

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PART 1.‍1
Avoiding Complicity in Mistreatment by Foreign Entities

Avoiding Complicity in Mistreatment by Foreign Entities Act

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Enactment of Act

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49.‍1The Avoiding Complicity in Mistreatment by Foreign Entities Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted as follows:

An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity
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Preamble
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Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians;

Whereas Parliament recognizes that information needs to be disclosed, requested or used in order to enable the Government to fulfill that responsibility;

Whereas that responsibility must be fulfilled 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 Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Whereas torture is an offence under the Criminal Code, which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture;

And whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms;

Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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Short Title
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Short title
Start of inserted block

1This Act may be cited as the Avoiding Complicity in Mistreatment by Foreign Entities Act.

End of inserted block Start of inserted block
Definitions
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Definitions
Start of inserted block

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 a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration 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

  • (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 the Canada Border Services Agency, the President;

  • (f)with respect to the Communications Security Establishment, the Chief; and

  • (g)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. (administrateur général)

mistreatment means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements)

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;

  • (b)the Commissioner of the Communications Security Establishment appointed under subsection 273.‍63(1) of the National Defence Act; or

  • (c)the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act. (organisme de surveillance)

    End of inserted block
Start of inserted block
Directions
End of inserted block
Authority to issue
Start of inserted block

3(1)The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of

  • (a)the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;

  • (b)the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and

  • (c)the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.

    End of inserted block
Obligation to issue
Start of inserted block

(2)The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads:

  • (a)the Chief of the Defence Staff;

  • (b)the Deputy Minister of National Defence;

  • (c)the Deputy Minister of Foreign Affairs;

  • (d)the Commissioner of the Royal Canadian Mounted Police;

  • (e)the Director of the Canadian Security Intelligence Service;

  • (f)the President of the Canada Border Services Agency; and

  • (g)the Chief of the Communications Security Establishment.

    End of inserted block
Directions not statutory instruments
Start of inserted block

(3)Directions are not statutory instruments within the meaning of the Statutory Instruments Act.

End of inserted block
Amendments to schedule
Start of inserted block

4The Governor in Council may, by order, amend the schedule to add a reference to each deputy head to whom directions have been issued under section 3 or to delete any such reference if the directions that were issued to the deputy head have been repealed or if the deputy head’s position has ceased to exist or has changed name.

End of inserted block Start of inserted block
Deputy Heads
End of inserted block
Directions to be made available to public
Start of inserted block

5Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, make them available to the public.

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Copy to be provided
Start of inserted block

6Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

End of inserted block
Report
Start of inserted block

7(1)Every deputy head to whom directions have been issued under section 3 must, before March 1 of each year, submit to the appropriate Minister a report in respect of the implementation of those directions during the previous calendar year.

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Version available to the public
Start of inserted block

(2)Every deputy head must, as soon as feasible after submitting a report under subsection (1), make a version of it available to the public that does not contain information

  • (a)the disclosure of which would be injurious to national security, national defence or international relations or compromise an ongoing operation or investigation; or

  • (b)that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

    End of inserted block
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Appropriate Ministers
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Obligation to provide copy
Start of inserted block

8(1)As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

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Restriction
Start of inserted block

(2)The copy must not contain any information that the Committee or the relevant review body is not entitled to receive.

End of inserted block
Start of inserted block

Coordinating Amendments

End of inserted block

Part 1.‍1 of this Act

Start of inserted block

49.‍2On the first day on which both sections 2 and 49.‍1 of this Act are in force,

  • (a)section 8 of the National Security and Intelligence Review Agency Act is amended by adding the following after subsection (2.‍1):

    End of inserted block

    Avoiding Complicity in Mistreatment by Foreign Entities Act

    Start of inserted block

    (2.‍2)In the course of its review of activities carried out by departments, the Review Agency must, each calendar year, review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act.

  • (b)the definition review body in section 2 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is repealed;

  • (c)section 6 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:

    End of inserted block

    Copy to be provided

    Start of inserted block

    6Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

  • (d)section 8 of the Avoiding Complicity in Mistreatment by Foreign Entities Act is replaced by the following:

    End of inserted block

    Obligation to provide copy

    Start of inserted block

    8(1)As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians, the National Security and Intelligence Review Agency and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

    End of inserted block

    Restriction

    Start of inserted block

    (2)The copy must not contain any information that the Committee, the Agency or the Commission is not entitled to receive.

    End of inserted block

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).

Political activities

(3)Part 7 of the Public Service Employment Act Insertion start applies Insertion end to the Commissioner and to his or her employees. For the purposes of that Part, the Insertion start Commissioner Insertion end 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.

9[Deleted]

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, Insertion start and must set out his or her reasons for doing so Insertion end ; 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, Insertion start and must set out his or her reasons for doing so Insertion end ;

  • (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.

Start of inserted block
Public Report
End of inserted block
Report to Prime Minister
Start of inserted block

22.‍1(1)The Commissioner must, each calendar year, submit to the Prime Minister a report with respect to the Commissioner’s activities during the previous calendar year. The report must include statistics, that the Commissioner considers appropriate, relating to the authorizations, amendments and determinations that were approved and not approved.

End of inserted block
Protection of confidential information
Start of inserted block

(2)The Commissioner must consult with the Director of the Canadian Security Intelligence Service and the Chief of the Communications Security Establishment in preparing the report in order to ensure that it does not contain information the disclosure of which would be injurious to national security, national defence or international relations or information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

End of inserted block
Tabling
Start of inserted block

(3)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.

End of inserted block
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 Insertion start any privilege under the law of evidence Insertion end , 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 Insertion start any privilege under the law of evidence and Insertion end 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
Preamble
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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 communications security establishment;

And whereas it is important that the communications security establishment carry out its activities in ac­cordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

End of inserted block
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. (renseignement étranger)

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. Insertion start It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy Insertion end .‍ (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).

(3)[Deleted]

(4)[Deleted]

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.

15[Deleted]

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 Insertion start and must not infringe the Canadian Charter of Rights and Freedoms Insertion end .

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 —  Insertion start or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada Insertion end  — 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 —  Insertion start or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada Insertion end  — 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 of 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.

Extension — authorization
Start of inserted block

(4)The Minister must, as soon as feasible, notify the Commissioner of any extension of an authorization.

End of inserted block
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) Insertion start or 41(1) Insertion end , 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 Insertion start relating to a Canadian or a person in Canada Insertion end 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.

Other references

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(1.‍1)Unless the context requires otherwise, every reference to the former department in any Act of Parliament, other than an Act referred to in subsection (1), or in any order, regulation or other instrument made under an Act of Parliament is deemed to be a reference to the new department.

End of inserted block

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
Canadian Security Intelligence Service Act

R.‍S.‍, c. C-23

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;

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;

Start of inserted block

And whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;

End of inserted block

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

11.‍04(1)The Minister may designate employees to carry out the activity referred to in subsection 7(2.‍1) and section 11.‍12.

Statutory Instruments Act

(2)For greater certainty, the designation of an employee by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Collection of datasets

11.‍05(1)Subject to subsection (2), the Service may collect a dataset if it is satisfied that the dataset is relevant to the performance of its duties and functions under sections 12 to 16.

Limit

(2)The Service may collect a dataset only if it reasonably believes that the dataset

  • (a)is a publicly available dataset;

  • (b)belongs to an approved class; or

  • (c)predominantly relates to non-Canadians who are outside Canada.

Designation of employees — Director

11.‍06(1)The Director may designate employees to carry out one or more activities referred to in sections 11.‍07, 11.‍2 and 11.‍22.

Statutory Instruments Act

(2)For greater certainty, the designation of an employee by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Evaluation period — datasets

11.‍07(1)If the Service collects a dataset under subsection 11.‍05(1), a designated employee shall, as soon as feasible but no later than the 90th day after the day on which the dataset was collected, evaluate the dataset and confirm if it

  • (a)was publicly available at the time of collection;

  • (b)predominantly relates to individuals within Canada or Canadians; or

  • (c)predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada.

Evaluation — class

(2)In the case of a dataset referred to in paragraph (1)‍(b), a designated employee shall evaluate the dataset and confirm whether it belongs to an approved class and, if it does not, he or she shall take the measures set out in section 11.‍08.

Limit

(3)During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.‍08(2), a dataset shall not be queried or exploited.

Consultation

(4)A designated employee may consult

  • (a)a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.‍12; or

  • (b)a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.‍17(1)‍(a) and (b) are met.

Activities of designated employee

(5)A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities:

  • (a)deletion of extraneous or erroneous information or information of poor quality;

  • (b)translation;

  • (c)decryption;

  • (d)the application of privacy protection techniques;

  • (e)any activity respecting the organization of the dataset.

Responsibilities of designated employee

(6)A designated employee shall, during the evaluation period,

  • (a)delete any information that relates to personal information, as defined in section 3 of the Privacy Act, that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and

  • (b)comply with the obligations under section 11.‍1.

Dataset not within class

11.‍08(1)If a designated employee confirms that the dataset does not belong to any approved class, the Service shall, without delay,

  • (a)destroy the dataset; or

  • (b)make a request to the Minister for the determination of a new class under section 11.‍03 to which the dataset would belong.

Period — suspension

(2)When the Service makes a request to the Minister under paragraph (1)‍(b), the 90-day period referred to in subsection 11.‍07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset does not belong to any approved class and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act, the determination of the Minister in respect of a new class to which the dataset belongs.

Limit — activity

(3)A designated employee shall not carry out any activity under subsections 11.‍07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.‍07(6) does not apply to the dataset during that period of suspension.

Destruction

(4)If the Minister, on a request made under paragraph (1)‍(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act, does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset.

End of evaluation period — Canadian datasets

11.‍09(1)If a designated employee confirms that a dataset is a Canadian dataset, the Service shall make an application for judicial authorization under section 11.‍13, as soon as feasible but no later than the 90th day referred to in subsection 11.‍07(1).

End of evaluation period — foreign datasets

(2)If the designated employee confirms that the dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 90th day referred to in subsection 11.‍07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.‍17.

Destruction

(3)If the Service has not taken steps within the period referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends.

Continuing obligations of Service

11.‍1(1)The Service shall,

  • (a)in respect of a Canadian dataset or a foreign dataset, delete any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual;

  • (b)in respect of a Canadian dataset, delete any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries; and

  • (c)in respect of a foreign dataset, remove any information from the dataset that by its nature or attributes relates to a Canadian or a person in Canada.

Removal

(2)If the Service removes the information from the dataset under paragraph (1)‍(c), the information that was removed shall

  • (a)be destroyed without delay;

  • (b)be collected as a dataset under section 11.‍05; or

  • Start of inserted block

    (c)be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization.

    End of inserted block
Deeming

(3)The dataset collected under paragraph (2)‍(b) shall be deemed to have been collected on the day on which it was removed and its evaluation period under subsection 11.‍07(1) begins on the same day on which it was removed.

Dataset publicly available

11.‍11(1)For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset.

Retention of results of query or exploitation

(2)The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16.

Approval by Minister

11.‍12(1)Before making an application for a judicial authorization under subsection 11.‍13(1), the Director or a designated employee shall obtain the Minister’s approval.

Approved classes

(2)When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister

  • (a)the approved class to which the Canadian dataset belongs; and

  • (b)the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.

Judicial authorization

11.‍13(1)A judge may authorize the retention of a Canadian dataset if he or she is satisfied that

  • (a)the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties or functions under sections 12, 12.‍1 and 16; and

  • (b)the Service has complied with its obligations under section 11.‍1 with respect to the dataset that is the subject of the application.

Contents of application

(2)An application for a judicial authorization shall be made in writing and shall set out the following:

  • (a)the grounds on which the requirements referred to in paragraphs (1)‍(a) and (b) are satisfied;

  • (b)a description of the information that is contained in the dataset;

  • (c)if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates;

  • (d)any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel;

  • (e)the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision;

  • (f)if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.‍22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.

Contents of judicial authorization

11.‍14(1)A judicial authorization issued under section 11.‍13 shall specify

  • (a)a description of the dataset;

  • (b)the manner in which the Service may update the dataset;

  • (c)the period during which the judicial authorization is valid;

  • (d)any terms and conditions that the judge considers necessary respecting

    • (i)the querying or exploitation of the dataset, or

    • (ii)the destruction or retention of the dataset or a portion of it; and

  • (e)any terms and conditions that the judge considers advisable in the public interest.

Maximum period

(2)A judicial authorization shall be valid for a period of not more than two years.

Destruction — no judicial authorization

11.‍15(1)Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.

Taking effect of subsection (1)

(2)The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted.

Destruction — absence of new application

(3)If the Service has not made a new application for a judicial authorization to retain a Canadian dataset under section 11.‍12 before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

New application

(4)If the Service makes a new application under section 11.‍12 for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new application.

Limit

(5)If the period of a judicial authorization expires, in the circumstances under subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Designation

11.‍16(1)The Minister may designate a person, Insertion start including the Director or an employee Insertion end , for the purpose of section 11.‍17.

Limit

(2)At any given time, only one designated person may give an authorization under subsection 11.‍17(1).

Statutory Instruments Act

(3)For greater certainty, the designation of a person by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Authorization

11.‍17(1)The Minister or the designated person may, on the request of the Service, authorize the Service to retain a foreign dataset if the Minister or the designated person concludes

  • (a)that the dataset is a foreign dataset;

  • (b)that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under sections 12, 12.‍1, 15 and 16; and

  • (c)that the Service has complied with its obligations under section 11.‍1.

Contents of authorization

(2)The authorization given under subsection (1) shall specify

  • (a)a description of the dataset;

  • (b)the manner in which the Service may update the dataset;

  • (c)the period during which the authorization is valid;

  • (d)any terms and conditions that the Minister or designated person considers necessary respecting

    • (i)the querying or exploitation of the dataset, or

    • (ii)the destruction or retention of the dataset or a portion of it; and

  • (e)any terms and conditions that the Minister or designated person considers advisable in the public interest.

Maximum period of authorization

(3)An authorization under subsection (1) shall be valid for a period of not more than five years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

Statutory Instruments Act

(4)For greater certainty, the authorization by the Minister or designated person under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Notification of Commissioner

11.‍18The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.‍17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

Destruction — no authorization

11.‍19(1)Subject to subsection (2), if the Minister or the designated person under section 11.‍17, or the Commissioner under the Intelligence Commissioner Act, does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request.

Taking effect of subsection (1)

(2)The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.‍1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted.

Destruction — absence of new request

(3)If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.‍17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

New request

(4)If the Service makes a new request for an authorization under section 11.‍17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request.

Limit

(5)If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Query or exploitation of datasets

11.‍2(1)A designated employee may, in accordance with subsections (2) to (4), query or exploit Canadian datasets and foreign datasets.

Dataset subject to judicial authorization — sections 12 and 12.‍1

(2)A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.‍13 to assist the Service in the performance of its duties and functions under sections 12 and 12.‍1.

Dataset subject to approved authorization — sections 12, 12.‍1 and 15

(3)A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, to assist the Service in the performance of its duties and functions under sections 12, 12.‍1 and 15.

Assistance in accordance with section 16

(4)A designated employee may query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.‍13 or a foreign dataset that is the subject of an authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the query or exploitation is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

Retention

11.‍21(1)The Service may retain the results of a query or exploitation of a dataset performed under section 11.‍2 if

  • (a)the collection, analysis and retention of the results are carried out under section 12;

  • (b)the retention is strictly necessary to assist the Service in the performance of its duties and functions under sections 12.‍1 and 15; or

  • (c)the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

Destruction

(2)The Service shall, without delay, destroy the results that it cannot retain under subsection (1).

Query of datasets — exigent circumstances

11.‍22(1)The Director may authorize a designated employee to query a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.‍13 or a foreign dataset that is not the subject of a valid authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the Director concludes

  • (a)that the dataset was collected by the Service under subsection 11.‍05(1); and

  • (b)that there are exigent circumstances that require a query of the dataset

    • (i)to preserve the life or safety of any individual, or

    • (ii)to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if the Service is required to comply with the authorization process under section 11.‍13 or sections 11.‍17 and 11.‍18.

Contents of authorization

(2)The Director’s authorization shall contain the following:

  • (a)a description of the exigent circumstances;

  • (b)a description of the dataset to be queried; and

  • (c)the grounds on which the Director concludes that the query Insertion start is likely to Insertion end produce the intelligence referred to in subparagraph (1)‍(b)‍(i) or (ii).

Retention
Start of inserted block

(2.‍1)The Service may retain the results of a query of a dataset performed under subsection (1) if

  • (a)the collection, analysis and retention of the results are carried out under section 12;

  • (b)the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.‍1; or

  • (c)the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

    End of inserted block
Destruction
Start of inserted block

(2.‍2)The Service shall, without delay, destroy the results that it cannot retain under subsection (2.‍1).

End of inserted block
Statutory Instruments Act

(3)For greater certainty, an authorization by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Decision by Commissioner

11.‍23An authorization issued under section 11.‍22 is valid when — if it is approved by the Commissioner under the Intelligence Commissioner Act — the Commissioner provides the Director with the written decision approving the authorization.

Record keeping — publicly available datasets

11.‍24(1)The Service shall, with respect to publicly available datasets,

  • (a)establish record keeping requirements for those datasets with respect to the rationale for their collection, the details of each exploitation, the statutory provision under which the result of a query or exploitation is retained and the results that were retained; and

  • (b)verify, periodically and on a random basis, if the results obtained from the querying and exploitation of those datasets were retained in accordance with subsection 11.‍11(2).

Record keeping — approved class

(2)The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset.

Requirements

(3)The Service shall, with respect to Canadian and foreign datasets,

  • (a)store and manage those datasets separately from all other information collected and retained by the Service under this Act;

  • (b)limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing their duties or functions under this Act;

  • (c)establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing their duties or functions under section 12, 12.‍1, 15 or 16; and

  • (d)verify, periodically and on a random basis, if

    • (i)the querying and exploitation of those datasets were carried out in accordance with section 11.‍2, and

    • (ii)the results obtained from the querying and exploitation of those datasets were retained in accordance with section 11.‍21.

Reports

11.‍25The Service shall

  • (a)give the Review Agency any report prepared following a verification under paragraphs 11.‍24(1)‍(b) and (3)‍(d);

  • (b)in the case of a foreign dataset that is the subject of an authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, notify the Review Agency when the Service removes information under paragraph 11.‍1(1)‍(c) and of the measures that have been taken in respect of that information; and

  • (c)in the case of a query of a dataset performed on the basis of exigent circumstances under section 11.‍22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query and any actions taken after obtaining those results.

98Subsections 12.‍1(2) and (3) of the Act are replaced by the following:

Limits

(2)The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

Alternatives

(3)Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat.

Canadian Charter of Rights and Freedoms

(3.‍1)The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it.

Warrant — Canadian Charter of Rights and Freedoms

(3.‍2)The Service may take measures under subsection (1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.‍1, issues a warrant authorizing the taking of those measures.

Condition for issuance

(3.‍3) The judge may issue the warrant referred to in subsection (3.‍2) only if he or she is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms.

Warrant — Canadian law

(3.‍4)The Service may take measures under subsection (1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.‍1.

Notification of Review Committee

(3.‍5)The Service shall, after taking measures under subsection (1), notify the Review Committee of the measures as soon as the circumstances permit.

99(1)Subsection 12.‍2(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

  • (d)subject an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture;

  • (e)detain an individual; or

  • (f)cause the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual.

(2)Subsection 12.‍2(2) of the Act is repealed.

100The Act is amended by adding the following after section 18.‍1:

Exemption — employees

18.‍2(1)No employee is guilty of an offence by reason only that the employee, in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

Exemption — other persons

(2)No person is guilty of an offence by reason only that the person, under the direction of an employee and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

Exemption — section 368.‍1 of Criminal Code

(3)No employee is guilty of an offence under section 368.‍1 of the Criminal Code if the acts alleged to constitute the offence were committed by the employee in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity.

Definition of false document

(4)In subsections (1) and (2), false document has the same meaning as in section 321 of the Criminal Code.

101The Act is amended by adding the following after section 20:

Definitions

20.‍1(1)The following definitions apply in this section.

designated employee means an employee who is designated under subsection (6) or (8). (employé désigné)

designated senior employee means an employee who is designated under subsection (7). (employé supérieur désigné)

Principle — justification

(2)It is in the public interest to ensure that employees effectively carry out the Service’s information and intelligence collection duties and functions, including by engaging in covert activities, in accordance with the rule of law and, to that end, to expressly recognize in law a limited justification for designated employees acting in good faith and persons acting under their direction to commit acts or omissions that would otherwise constitute offences.

Classes of acts or omissions

(3)At least once every year, the Minister shall, by order, determine the classes of acts or omissions that would otherwise constitute offences and that designated employees may be justified in committing or directing another person to commit if the Minister concludes that the commission of those acts or omissions is reasonable, having regard to

  • (a)the Service’s information and intelligence collection duties and functions; and

  • (b)any threats to the security of Canada that may be the object of information and intelligence collection activities or any objectives to be achieved by such activities.

Statutory Instruments Act

(4)An order made under subsection (3) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Notification of Commissioner

(5)The Minister shall notify the Commissioner of the Minister’s determination under subsection (3) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

Designation of employees

(6)The Minister may personally, on the recommendation of the Director and for a period of not more than one year, designate, for the purpose of this section, employees who perform information and intelligence collection activities.

Designation of senior employees

(7)The Minister may personally, on the recommendation of the Director, designate, for the purpose of this section, senior employees who are responsible for information and intelligence collection activities.

Emergency designation

(8)The Director or a designated senior employee may, for a period of not more than 48 hours, designate, for the purpose of this section, an employee who performs information and intelligence collection activities if the Director or the designated senior employee is of the opinion that

  • (a)by reason of exigent circumstances, it is not feasible for the Minister to designate the employee under subsection (6); and

  • (b)the employee would be justified in committing an act or omission that would otherwise constitute an offence.

Notification of Minister

(9)The Director or the designated senior employee, as the case may be, shall notify the Minister of the designation as soon as the circumstances permit.

Conditions

(10)A designation under subsection (6) or (8) may be made subject to conditions, including conditions limiting

  • (a)its duration;

  • (b)the nature of the information and intelligence collection activities in the context of which a designated employee may be justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence; and

  • (c)the act or omission that would otherwise constitute an offence and that a designated employee may be justified in committing or directing another person to commit.

Justification for acts or omissions

(11)Subject to subsection (15), a designated employee is justified in committing an act or omission that would otherwise constitute an offence if

  • (a)the designated employee

    • (i)is engaged, in good faith, in an information and intelligence collection activity in relation to a threat to the security of Canada, and

    • (ii)believes on reasonable grounds that the commission of the act or omission, as compared to the threat, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the act or omission and the reasonable availability of other means for performing the information and intelligence collection activity; or

  • (b)the designated employee

    • (i)is engaged, in good faith, in an information and intelligence collection activity under section 16, and

    • (ii)believes on reasonable grounds that the commission of the act or omission is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the objective to be achieved and the reasonable availability of other means to achieve the objective.

Authorization

(12)The Director or a designated senior employee may, in writing, authorize designated employees, for a period of not more than one year, to direct the commission of acts or omissions that would otherwise constitute offences if the Director or the designated senior employee believes on reasonable grounds

  • (a)in the case of an activity described in subparagraph (11)‍(a)‍(i), that the commission of the acts or omissions, as compared to the threat to the security of Canada to which the activity relates, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the acts or omissions and the reasonable availability of other means for performing the activity; or

  • (b)in the case of an activity described in subparagraph (11)‍(b)‍(i), that the commission of the acts or omissions is reasonable and proportional in the circumstances, having regard to such matters as the nature of the acts or omissions, the nature of the objective to be achieved and the reasonable availability of other means to achieve the objective.

Contents

(13)The authorization shall specify

  • (a)the acts or omissions that would otherwise constitute offences;

  • (b)the designated employees who are authorized to direct the commission of those acts or omissions; and

  • (c)the persons who may be directed to commit those acts or omissions.

Amendment or cancellation

(14)The authorization may be amended or cancelled by the Director or a designated senior employee.

Justification for directing

(15)A designated employee is only justified in directing the commission of an act or omission that would otherwise constitute an offence if the conditions in paragraph (11)‍(a) or (b) are met and the designated employee

  • (a)is personally authorized to direct the commission of the act or omission under subsection (12); or

  • (b)believes on reasonable grounds that grounds for obtaining an authorization under that subsection exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

    • (i)preserve the life or safety of any individual,

    • (ii)prevent the compromise of the identity of an employee acting covertly, of a human source or of a person acting covertly under the direction of an employee, or

    • (iii)prevent the imminent loss or destruction of information or intelligence.

Person acting under direction of designated employee

(16)A person, other than an employee, is justified in committing an act or omission that would otherwise constitute an offence if

  • (a)they are directed by a designated employee to commit the act or omission; and

  • (b)they believe on reasonable grounds that the person who directs them to commit the act or omission has the authority to give that direction.

Classes of acts or omissions

(17)A designated employee is only justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence if the act or omission falls within a class of acts or omissions the determination of which is approved by the Commissioner under the Intelligence Commissioner Act.

Limitation

(18)Nothing in this section justifies

  • (a)causing, intentionally or by criminal negligence, death or bodily harm to an individual;

  • (b)wilfully attempting in any manner to obstruct, pervert or defeat the course of justice;

  • (c)violating the sexual integrity of an individual;

  • (d)subjecting an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture;

  • (e)detaining an individual; or

  • (f)causing the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual.

Ministerial direction

(19)Nothing in this section justifies the commission of an act or omission specified in a direction issued by the Minister for the purpose of this section, under subsection 6(2).

Protection, defences and immunities unaffected

(20)Nothing in this section affects the protection, defences and immunities of employees and other persons recognized under the law of Canada.

Requirement to obtain warrant

(21)Nothing in this section relieves the Director or an employee from the requirement to obtain a warrant in accordance with section 21.

Canadian Charter of Rights and Freedoms

(22)Nothing in this section justifies the commission of an act or omission that would infringe a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.

Report by designated employee

(23)A designated employee who commits an act or omission in accordance with subsection (11) or who directs the commission of an act or omission in accordance with subsection (15) shall, as soon as the circumstances permit after doing so, submit a written report to the Director or a designated senior employee describing the act or omission.

Annual report

(24)The Minister shall, every year, publish or otherwise make available to the public a report in respect of the previous year that includes

  • (a)the number of designations that were made under subsection (8);

  • (b)the number of authorizations that were given under subsection (12);

  • (c)the number of times that designated employees directed the commission of acts or omissions in accordance with paragraph (15)‍(b);

  • (d)the nature of the threats to the security of Canada that were the object of the information and intelligence collection activities in the context of which the designations referred to in paragraph (a) were made, the authorizations referred to in paragraph (b) were given or the acts or omissions referred to in paragraph (c) were directed to be committed; and

  • (e)the nature of the acts or omissions that were committed under the designations referred to in paragraph (a) or that were directed to be committed under the authorizations referred to in paragraph (b) or in accordance with paragraph (15)‍(b).

Limitation

(25)The report is not to contain any information the disclosure of which would

  • (a)compromise or hinder an ongoing information and intelligence collection activity;

  • (b)compromise the identity of an employee acting covertly, of a human source or of a person acting covertly under the direction of an employee;

  • (c)endanger the life or safety of any individual;

  • (d)prejudice a legal proceeding; or

  • (e)be contrary to the public interest.

Notification of Review Agency

(26)The Service shall notify the Review Agency as soon as the circumstances permit after

  • (a)a designation is made under subsection (8);

  • (b)an authorization is given under subsection (12); or

  • (c)a written report is submitted under subsection (23).

Statutory Instruments Act

(27)For greater certainty, designations, authorizations and directions referred to in this section are not statutory instruments within the meaning of the Statutory Instruments Act.

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Report to Parliament

End of inserted block

Report

Start of inserted block

20.‍2(1)The Service shall, within three months after the end of each calendar year, submit to the Minister a report of the activities of the Service during the preceding calendar year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

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102(1)Section 21 of the Act is amended by adding the following after subsection (1):

Retention of information — incidental collection

(1.‍1)The applicant may, in an application made under subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset.

(2)Subsection 21(2) of the Act is amended by adding the following after paragraph (d):

  • (d.‍1)when it is anticipated that information would be incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.‍1 and 16;

(3)Section 21 of the Act is amended by adding the following after subsection (3):

Retention of information

(3.‍01)If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.‍1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.‍1), in order to constitute a dataset.

(4)Subsection 21(4) of the Act is amended by adding the following after paragraph (d):

  • (d.‍1)an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.‍1);

(5)Section 21 of the Act is amended by adding the following after subsection (4):

Datasets

(4.‍1)If the Service is authorized to retain information in accordance with subsection (1.‍1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.‍05 on the first day of the period for which the warrant is in force.

103(1)Subsection 21.‍1(1) of the Act is replaced by the following:

Application for warrant — measures to reduce threats to security of Canada

21.‍1(1)If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures referred to in subsection (1.‍1), within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

Measures

(1.‍1)For the purpose of subsection (1), the measures are the following:

  • (a)altering, removing, replacing, destroying, disrupting or degrading a communication or means of communication;

  • (b)altering, removing, replacing, destroying, degrading or providing — or interfering with the use or delivery of — any thing or part of a thing, including records, documents, goods, components and equipment;

  • (c)fabricating or disseminating any information, record or document;

  • (d)making or attempting to make, directly or indirectly, any financial transaction that involves or purports to involve currency or a monetary instrument;

  • (e)interrupting or redirecting, directly or indirectly, any financial transaction that involves currency or a monetary instrument;

  • (f)interfering with the movement of any person, Insertion start excluding the detention of an individual Insertion end ; and

  • (g)personating a person, other than a police officer, in order to take a measure referred to in any of paragraphs (a) to (f).

(2)Paragraph 21.‍1(2)‍(c) of the Act is replaced by the following:

  • (c)the reasonableness and proportionality, in the circumstances, of the proposed measures, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy;

104Paragraph 22.‍1(1)‍(b) of the Act is replaced by the following:

  • (b)the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

105Section 22.‍2 of the Act is replaced by the following:

Limits on execution of warrant

22.‍2A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.‍1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

106Subsection 24.‍1(1) of the Act is replaced by the following:

Authorization to request assistance

24.‍1(1)A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.‍1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

107Section 27 of the Act is replaced by the following:

Hearing of applications

27An application for a judicial authorization under section Insertion start 11.‍13 Insertion end , an application under section 21, 21.‍1 or 23 for a warrant, an application under section 22 or 22.‍1 for the renewal of a warrant or an application for an order under section 22.‍3 shall be heard in private in accordance with regulations made under section 28.

Report — datasets

27.‍1(1)For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.‍11 and 11.‍2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report pre-pared under section 35 of the National Security and Intelligence Review Agency Act, as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4).

Professional secrecy

(2)The Review Agency shall take appropriate steps to ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

Filing with Federal Court

(3) The Director shall, as soon as feasible after receiving this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section.

Review

(4)A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law.

Measures by Judge

(5)The judge may, respecting the review and determination that is made under this section,

  • (a)issue a direction;

  • (b)make an order; or

  • (c)take any other measure that the judge considers appropriate in the circumstances.

Private hearing

(6)Any hearing held for the purposes of this section shall be held in private in accordance with regulations made under section 28.

108Paragraphs 28(a) and (b) of the Act are replaced by the following:

  • (a)prescribing the form of judicial authorizations that may be issued under section 11.‍13 and of warrants that may be issued under section 21, 21.‍1 or 23;

  • (b)governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.‍13, for warrants that may be issued under section 21, 21.‍1 or 23, for renewals of those warrants and for orders that may be made under section 22.‍3;

  • (b.‍1)governing the practice and procedure of, and security requirements applicable to, other matters that arise out of the performance by the Service of its duties and functions under this Act and over which the Chief Justice of the Federal Court or a judge is presiding; and

109The Act is amended by adding the following after section 40:

Report on activities of Service

40.‍1(1)If the Review Committee is of the opinion that the Service may not be carrying out, or may not have carried out, its activities in accordance with this Act and the regulations, the Review Committee shall submit a written report to the Minister on those activities. The Review Committee shall provide the Director with a copy of its report.

Report and comments to Attorney General of Canada

(2)The Minister shall provide the Attorney General of Canada with a copy of any report that the Minister receives under subsection (1), together with any comment that he or she considers appropriate in the circumstances.

Copies to Review Committee

(3)A copy of anything provided to the Attorney General of Canada under subsection (2) shall be provided to the Review Committee as soon as the circumstances permit.

Transitional Provisions

Definitions

110The following definitions apply in section 111.

commencement day means the day on which section 96 comes into force.‍ (date de référence)

dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)

Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act.‍ (Service)

Datasets collected by Service

111If any dataset was collected by the Service before the commencement day that would be subject to sections 11.‍02 and 11.‍05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.‍05 on that day.

PART 5
Security of Canada Information Sharing Act

2015, c. 20, s. 2

Amendments to the Act

112The long title of the English version of the Security of Canada Information Sharing Act is replaced by the following:

An Act to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada

113(1)The sixth paragraph of the preamble of the English version of the Act is replaced by the following:

Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;

(2)The seventh and eighth paragraphs of the preamble of the Act are replaced by the following:

Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy;

And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;

114Section 1 of the English version of the Act is replaced by the following:

Short title

1This Act may be cited as the Security of Canada Information Disclosure Act.

115(1)The definition people of Canada in section 2 of the Act is repealed.

(2)The portion of the definition activity that undermines the security of Canada in section 2 of the Act before paragraph (b) is replaced by the following:

activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes

  • (a)interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;

(3)The portion of the definition activity that undermines the security of Canada in section 2 of the Act after paragraph (e) is replaced by the following:

  • (f)significant or widespread interference with critical infrastructure;

  • (g)significant or widespread interference with the global information infrastructure, as defined in section 273.‍61 of the National Defence Act; and

  • (h)conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)

(4)Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:

Exception

(2)For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.

116Section 3 of the English version of the Act is replaced by the following:

Purpose

3The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.

117(1)The portion of section 4 of the English version of the Act before paragraph (c) is replaced by the following:

Guiding principles

4The disclosure of information under this Act is to be guided by the following principles:

  • (a)effective and responsible disclosure of information protects Canada and Canadians;

  • (b)respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;

(2)Paragraph 4(c) of the Act is replaced by the following:

  • (c)entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;

(3)Paragraph 4(d) of the English version of the Act is replaced by the following:

  • (d)the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and

118Sections 5 and 6 of the Act are replaced by the following:

Disclosure of information to institution listed in Schedule 3

5(1)Subject to any provision of any other Act of Parliament, or of any regulation made under such an Act, that prohibits or restricts the disclosure of information, a Government of Canada institution may, on its own initiative or on request, disclose information to the head of a recipient Government of Canada institution whose title is listed in Schedule 3, or to a person designated by the head of that recipient institution, if the disclosing institution is satisfied that

  • (a)the disclosure will contribute to the exercise of the recipient institution’s jurisdiction, or the carrying out of its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada; and

  • (b)the disclosure will not affect any person’s privacy interest more than is reasonably necessary in the circumstances.

Statement regarding accuracy and reliability

(2)An institution that discloses information under subsection (1) must, at the time of the disclosure, also provide information regarding its accuracy and the reliability of the manner in which it was obtained.

Requirement to destroy or return
Start of inserted block

5.‍1(1)A Government of Canada institution must, as soon as feasible after receiving it under section 5, destroy or return any personal information, as defined in section 3 of the Privacy Act, that is not necessary for the institution to exercise its jurisdiction, or to carry out its responsibilities, under an Act of Parliament or another lawful authority, in respect of activities that undermine the security of Canada.

End of inserted block
Exception
Start of inserted block

(2)Subsection (1) does not apply if the retention of the information is required by law.

End of inserted block
Canadian Security Intelligence Service Act
Start of inserted block

(3)Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act.

End of inserted block
Clarification

6Nothing in section 5 Insertion start or 5.‍1 Insertion end is to be construed as authorizing the collection or use of any information that is disclosed under section Insertion start 5 Insertion end .

Start of inserted block

118.‍1The Act is amended by adding the following after section 7:

End of inserted block
Clarification
Start of inserted block

7.‍1For greater certainty, for the purpose of paragraph 8(2)‍(b) of the Privacy Act, the authority in this Act to disclose information includes the authority to disclose personal information, as defined in section 3 of the Privacy Act.

End of inserted block

119(1)Section 9 of the Act and the heading before it are replaced by the following:

Record Keeping

Obligation — disclosing institution

9 Insertion start (1) Insertion end Every Government of Canada institution that discloses information under this Act must prepare and keep records that set out

  • (a)a description of the information;

  • (b)the name of the individual who authorized its disclosure;

  • (c)the name of the recipient Government of Canada institution;

  • (d)the date on which it was disclosed;

  • (e)a description of the information that was relied on to satisfy the disclosing institution that the disclosure was authorized under this Act; and

  • (f)any other information specified by the regulations.

Obligation — recipient institution
Start of inserted block

(2)Every Government of Canada institution that receives information under this Act must prepare and keep records that set out

  • (a)a description of the information;

  • (b)the name of the institution that disclosed it;

  • (c)the name or position of the head of the recipient institution — or of the person designated by the head — who received the information;

  • (d)the date on which it was received by the recipient institution;

  • (e)whether the information has been destroyed or returned under subsection 5.‍1(1);

  • (f)if the information has been destroyed under subsection 5.‍1(1), the date on which it was destroyed;

  • (g)if the information was returned under subsection 5.‍1(1) to the institution that disclosed it, the date on which it was returned; and

  • (h)any other information specified by the regulations.

    End of inserted block

2Section 9 of the Act is amended by adding the following Insertion start after subsection (2) Insertion end :

Copy to National Security and Intelligence Review Agency

Insertion start (3) Insertion end Within 30 days after the end of each calendar year, Insertion start every Insertion end Government of Canada institution Insertion start that disclosed information under section 5 Insertion end during the year Insertion start and every Government of Canada institution that received such information Insertion end must provide the National Security and Intelligence Review Agency with a copy of every record it prepared under subsection (1) Insertion start or (2), as the case may be Insertion end , with respect to the Insertion start information Insertion end .

120(1)Paragraphs 10(1)‍(b) and (c) of the Act are replaced by the following:

  • (b)specifying information for the purposes of paragraph 9(1)‍(f) Insertion start or (2)‍(f) Insertion end ; and

  • (c)respecting the manner in which records that are required by subsection 9(1) Insertion start or (2) Insertion end are to be prepared and kept and specifying the period during which they are to be kept.

(2)Subsection 10(3) of the Act is replaced by the following:

Amendments to Schedule 3

(3)The Governor in Council may make an order adding the name of a Government of Canada institution and the title of its head to Schedule 3, deleting the name of an institution and the title of its head from that Schedule or amending the name of an institution or the title of a head that is listed in that Schedule. An addition is authorized only if the institution has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of activities that undermine the security of Canada.

Consequential Amendments

R.‍S.‍, c. E-15

Excise Tax Act

121The portion of subsection 295(5.‍05) of the Excise Tax Act before paragraph (a) is replaced by the following:
Threats to security

(5.‍05)An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,

R.‍S.‍, c. F-15

Department of Fisheries and Oceans Act

122Paragraph 4(3)‍(a) of the Department of Fisheries and Oceans Act is replaced by the following:
  • (a)relates to an activity that undermines the security of Canada, as defined in subsection 2(1) of the Security of Canada Information Disclosure Act; and

R.‍S.‍, c. 1 (2nd Supp.‍)

Customs Act

123Paragraph 107(4)‍(i) of the English version of the Customs Act is replaced by the following:
  • (i)is disclosed in accordance with the Security of Canada Information Disclosure Act.

R.‍S.‍, c. 1 (5th Supp.‍)

Income Tax Act

124The portion of subsection 241(9) of the Income Tax Act before paragraph (a) is replaced by the following:
Threats to security

(9)An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act,or to an official designated for the purposes of that Act by the head of that recipient institution,

1995, c. 25

Chemical Weapons Convention Implementation Act

125Paragraph 17(3)‍(c) of the English version of the Chemical Weapons Convention Implementation Act is replaced by the following:
  • (c)in the case where the information or documents are disclosed in accordance with the Security of Canada Information Disclosure Act.

2002, c. 22

Excise Act, 2001

126The portion of subsection 211(6.‍5) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Threats to security

(6.‍5)An official may provide to the head of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Disclosure Act, or to an official designated for the purposes of that Act by the head of that recipient institution,

PART 6
Secure Air Travel Act

2015, c. 20, s. 11

Amendments to the Act

127Subsection 6(2) of the Secure Air Travel Act is replaced by the following:

Duty to provide information to Minister

(2)An air carrier must provide to the Minister within any time and in any manner that may be prescribed by regulation, the following information about each person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if that information is in the air carrier’s control:

  • (a)their surname, first name and middle names;

  • (b)their date of birth;

  • (c)their gender; and

  • (d)any other information that is prescribed by regulation.

Deemed fulfilment of duty

(3)If the information that an air carrier is required to provide under subsection (2) is provided to the Minister by an operator of an aviation reservation system, within any time and in any manner that may be prescribed for the purpose of that subsection, the air carrier is deemed to have provided that information to the Minister under that subsection.

Duty to provide information on request

(4)An air carrier or an operator of an aviation reservation system, as the case may be, must provide to the Minister or the Minister of Transport, or to any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation, the information that is requested by that Minister, person or entity about any person who is on board or expected to be on board an aircraft for any flight prescribed by regulation, if the information is in the air carrier’s or operator’s control.

Limitation — Minister and Minister of Transport

(5)The Minister or the Minister of Transport may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and he or she may request that information only in respect of a listed person or a person who he or she has reason to believe is a listed person.

Limitation — other persons or entities

(6)Any person or entity referred to in any of paragraphs 10(b) to (f) who is prescribed by regulation may request, under subsection (4), only information that is set out in the schedule to the Aeronautics Act or is prescribed by regulation, and they may request that information only in respect of a listed person or a person who they have reason to believe is a listed person and only if the information is to be used for the purpose of assisting the Minister in the administration and enforcement of this Act.

128The Act is amended by adding the following after section 7:

Exemption power — urgent situations, etc.

7.‍1(1)The Minister may, by order, on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of subsection 6(2) or of a provision of the regulations with respect to any flight specified in the order if, in his or her opinion,

  • (a)the urgency of a situation or circumstances beyond the air carrier’s control would make it difficult for it to comply with that subsection or provision; and

  • (b)the exemption is not likely to adversely affect transportation security.

Exemption from Statutory Instruments Act

(2)An order made under subsection (1) is exempt from the application of the Statutory Instruments Act.

Exemption power — tests

7.‍2The Minister may, by order, for any period and on any terms that may be specified in the order, exempt an air carrier or a class of air carriers from the application of a provision of the regulations to allow for the conduct of tests, including tests of new kinds of technologies and tests of alternative measures to those set out in the provision, so as to allow him or her to determine whether any changes to the regulations are required as a result, if, in his or her opinion, the exemption is not likely to adversely affect transportation security.

129(1)The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

List

8(1)The Minister may establish a list on which is placed the surname, first name and middle names, any alias, the date of birth and the gender of any person, and any other information that is prescribed by regulation that serves to identify the person, if the Minister has reasonable grounds to suspect that the person will

(2)Section 8 of the Act is amended by adding the following after subsection (3):

Exemption from Statutory Instruments Act

(4)The list is exempt from the application of the Statutory Instruments Act.

130Sections 11 and 12 of the Act are replaced by the following:

Pre-flight verification of identity

10.‍1The Minister may, for the purpose of issuing a unique identifier to a person to assist with the verification of their identity before a flight, collect any personal information that they provide.

Identification of listed persons

10.‍2The Minister may, for the purpose of identifying listed persons who are on board or expected to be on board an aircraft,

  • (a)collect the information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3); and

  • (b)collect the information that is provided under subsection 6(4).

Disclosure of information provided under subsection 6(2)

10.‍3(1)The Minister may disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3)

  • (a)for the purpose of obtaining assistance in identifying listed persons who are on board or expected to be on board an aircraft, if the information relates to a person who the Minister has reason to believe is a listed person; and

  • (b)for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information or with rules of court relating to the production of information.

Listed persons

(2)Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)‍(b), disclose information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3), if the information relates to a listed person.

Disclosure of other information

11Subject to section 12, the Minister may, for the purpose of ensuring transportation security or preventing the travel referred to in paragraph 8(1)‍(b), disclose information that is obtained in the exercise or performance of his or her powers, duties or functions under this Act, other than information that is provided under subsection 6(2) or deemed to have been provided under subsection 6(3).

Foreign states

12The Minister may enter into a written arrangement with the government of a foreign state, an institution of such a government or an international organization relating to the disclosure of any information that he or she is, under subsection 10.‍3(2) or section 11, permitted to disclose, and may disclose the list, in whole or in part, to the state, institution or organization only in accordance with the arrangement.

131The Act is amended by adding the following after section 12:

Disclosure to parent

12.‍1The Minister may disclose to a child’s parent, or to a child’s guardian or tutor if they have the rights and responsibilities of a parent in relation to the child, that the child is not a listed person.

132Paragraph 13(b) of the Act is replaced by the following:

  • (b)collect from air carriers and operators of aviation reservation systems any information that is provided under subsection 6(4);

133Section 14 of the Act is replaced by the following:

Canada Border Services Agency

14The Canada Border Services Agency may assist the Minister in the administration and enforcement of this Act, including by disclosing to him or her and to any other person or entity referred to in section 10 information that is collected from air carriers and operators of aviation reservation systems in respect of a listed person or of a person about whom the Minister or the Minister of Transport has informed that Agency that he or she has reason to believe that the person is a listed person.

134Subsection 15(6) of the Act is replaced by the following:

Deemed decision

(6)If the Minister does not make a decision in respect of the application within a period of 120 days after the day on which the application is received — or within a further period of 120 days, if the Minister does not have sufficient information to make a decision and he or she notifies the applicant of the extension within the first 120-day period — the Minister is deemed to have decided to remove the applicant’s name from the list.

135Subsection 16(2) of the Act is replaced by the following:

Application

(2)A listed person who has been denied transportation as a result of a direction made under section 9 may appeal a decision referred to in section 15 to a judge within 60 days after the day on which the notice of the decision referred to in subsection 15(5) is received.

136Sections 18 and 19 of the Act are replaced by the following:

Information destruction — Minister

18(1)Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing the following information about a person who is or was on board or was expected to be on board an aircraft for the flight, unless that information is reasonably required for the purposes of this Act:

  • (a)any information that is provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3);

  • (b)any information that is provided to the Minister under subsection 6(4); and

  • (c)any information that is disclosed to the Minister under paragraph 13(d), if that information was originally provided to the Minister of Transport under subsection 6(4).

Information destruction — Minister of Transport, etc.

(2)Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister of Transport and any person or entity who is prescribed by regulation for the purpose of subsection 6(4) must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing information about a person who is or was on board or was expected to be on board an aircraft for the flight that is provided to that Minister, person or entity under subsection 6(4), unless that information is reasonably required for the purposes of this Act.

Information destruction — section 10 persons and entities

(3)Despite any other Act of Parliament, including the Access to Information Act and the Privacy Act, the Minister and any other person or entity referred to in section 10 must, within seven days after the day on which a flight prescribed by regulation departs or, if the flight is cancelled, within seven days after the day on which it is cancelled, destroy any document or record containing any of the following information about a person who is or was on board or was expected to be on board an aircraft for the flight that is disclosed to that Minister, person or entity under section 10, unless that information is reasonably required for the purposes of this Act:

  • (a)information that was originally provided to the Minister under subsection 6(2) or is deemed to have been provided to the Minister under subsection 6(3); and

  • (b)information that was originally provided to the Minister, the Minister of Transport or any other person or entity under subsection 6(4).

Rights preserved

19For greater certainty, nothing in this Act limits or prohibits the collection, use, disclosure or retention of any information if that collection, use, disclosure or retention is otherwise lawful.

137(1)Subsection 20(1) of the Act is replaced by the following:

Prohibition — list

20(1)It is prohibited to disclose the list, except as required for the purposes of sections 10, 11, 12 and 13.

(2)The portion of subsection 20(2) of the French version of the Act before paragraph (a) is replaced by the following:

Interdiction — général

(2)Il est interdit de communiquer le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :

(3)Paragraph 20(2)‍(a) of the Act is replaced by the following:

  • (a)for the purposes of sections 10 and 10.‍3 to 16;

(4)Subsection 20(2) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e)if the Minister has disclosed under section 12.‍1 that the individual is not a listed person, in the case where anyone further discloses that information.

(5)The portion of subsection 20(3) of the French version of the Act before paragraph (a) is replaced by the following:

Interdiction — transporteur aérien

(3)Malgré le paragraphe (2), il est interdit à tout transporteur aérien et à tout exploitant de systèmes de réservation de services aériens de communiquer tout renseignement relatif à une personne inscrite ou le fait qu’une personne est, a été, n’est pas ou n’a pas été une personne inscrite, sauf :

(6)Paragraph 20(3)‍(a) of the Act is replaced by the following:

  • (a)for the purposes of sections 6 and 30;

(7)Subsection 20(3) of the Act is amended by adding “or” at the end of paragraph (b) and by adding the following after that paragraph:

  • (c)if the Minister has disclosed under section 12.‍1 that the individual is not a listed person, in the case where anyone further discloses that information.

138Paragraph 32(b) of the Act is replaced by the following:

  • (b)respecting the use and protection of directions made under section 9 and the use and protection of information that is provided by the Minister or the Minister of Transport to air carriers and to operators of aviation reservation systems;

Transitional Provision

Continued application

139Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day.

PART 7
Criminal Code

R.‍S.‍, c. C-46

Amendments to the Act

140Paragraph (f) of the definition Attorney General in section 2 of the Criminal Code is replaced by the following:

  • (f)with respect to proceedings under section 83.‍13, 83.‍14, 83.‍222, 83.‍223 or 83.‍3, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them, and

141(1)Paragraph 83.‍05(1)‍(b) of the Act is replaced by the following:

  • (b)the entity has knowingly acted on behalf of, at the direction of or in association with an entity referred to in paragraph (a).

(2)Subsections 83.‍05(2) and (3) of the Act are replaced by the following:

Amendment to name of listed entity

(1.‍2)The Minister may, by regulation,

  • (a)change the name of a listed entity, or add to the list any other name by which a listed entity may also be or have been known, if the Minister has reasonable grounds to believe that the listed entity is using a name that is not on the list; and

  • (b)delete from the list any other name by which a listed entity may also have been known, if the entity is no longer using that name.

Application to Minister

(2)On application in writing by a listed entity to be removed from the list, the Minister shall decide whether Insertion start the applicant should Insertion end remain a listed entity Insertion start or whether the Minister should Insertion end recommend to the Governor in Council that the applicant Insertion start be removed from the list, taking into account the Insertion end grounds set out in subsection (1).

Deeming

(3)If the Minister does not make a decision on the application referred to in subsection (2) within 90 days after receipt of the application, or within any longer period that may be agreed to in writing by the Minister and the applicant, the Minister is deemed to have decided that the applicant Insertion start should Insertion end remain a listed entity.

(3)Paragraph 83.‍05(6)‍(a) of the Act is replaced by the following:

  • (a)examine, in private, any security or criminal intelligence reports considered in the making of the decision on whether the applicant should remain a listed entity and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person;

(4)Subsections 83.‍05(8) to (10) of the Act are replaced by the following:

New application

(8)A listed entity may not make another application under subsection (2) except if, since the time when the entity made its last application,

  • (a)there has been a material change in its circumstances; or

  • (b)the Minister has completed a review under subsection (8.‍1) with respect to that entity.

Review — listed entity

(8.‍1)The Minister shall review whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity

  • (a)within five years after

    • (i)the day on which this subsection comes into force, if the entity is a listed entity on that day, or

    • (ii)the day on which the entity is added to the list, if the entity is added to the list after the day on which this subsection comes into force; and

  • (b)subsequently, within five years after the most recent recommendation made under this subsection with respect to the entity.

Validity

(9)Reviews undertaken under subsection (8.‍1) do not affect the validity of the list.

Publication

(10)The Minister shall cause notice of the results of every review of a listed entity undertaken under subsection (8.‍1) to be published in the Canada Gazettewithin five years after the review is completed.

142Section 83.‍07 of the Act is replaced by the following:

Mistaken identity

83.‍07(1)An entity whose name is the same as or similar to a name, appearing on the list, of a listed entity and who claims not to be that listed entity may apply in writing to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not that listed entity.

Issuance of certificate

(2)The Minister shall, within 30 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not that listed entity.

143Section 83.‍221 of the Act is replaced by the following:

Counselling commission of terrorism offence

83.‍221(1)Every person who counsels another person to commit a terrorism offence Insertion start without identifying a specific terrorism Insertion end offence is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

Application

(2)An offence may be committed under subsection (1) whether or not a terrorism offence is committed Insertion start by Insertion end the person Insertion start who is counselled Insertion end .

144The definition terrorist propaganda in subsection 83.‍222(8) of the Act is replaced by the following:

terrorist propaganda means any writing, sign, visible representation or audio recording that counsels the commission of a terrorism offence.‍ (propagande terroriste)

145The heading before section 83.‍28 and sections 83.‍28 and 83.‍29 of the Act are repealed.

146(1)Paragraph 83.‍3(2)‍(b) of the Act is replaced by the following:

  • (b)suspects on reasonable grounds that the imposition of a recognizance with conditions on a person, or the arrest of a person, is necessary to prevent the carrying out of the terrorist activity.

(2)The portion of subsection 83.‍3(4) of the French version of the Act before paragraph (a) is replaced by the following:

Arrestation sans mandat

(4)Par dérogation aux paragraphes (2) et (3), l’agent de la paix, s’il a des motifs raisonnables de soupçonner que la mise sous garde de la personne est nécessaire pour empêcher qu’une activité terroriste ne soit entreprise, peut, sans mandat, arrêter la personne et la faire mettre sous garde en vue de la conduire devant un juge de la cour provinciale en conformité avec le paragraphe (6) dans l’un ou l’autre des cas suivants :

(3)Paragraph 83.‍3(4)‍(b) of the English version of the Act is replaced by the following:

  • (b)the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity.

147Subsections 83.‍31(1) and (1.‍1) of the Act are repealed.

148(1)Subsections 83.‍32(1) to (2) of the Act are replaced by the following:

Sunset provision

83.‍32(1)Section 83.‍3 ceases to have effect at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary, the operation of that section is extended by resolution — whose text is established under subsection (2) — passed by both Houses of Parliament in accordance with the rules set out in subsection (3).

Review

(1.‍1)A comprehensive review of section 83.‍3 and its operation shall be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Report

(1.‍2)The committee shall, no later than one year before the fifth anniversary referred to subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of section 83.‍3.

Order in council

(2)The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of section 83.‍3 and that specifies the period of the extension, which may not exceed five years from the first day on which the resolution has been passed by both Houses of Parliament.

(2)Subsections 83.‍32(4) and (5) of the Act are replaced by the following:

Subsequent extensions

(4)The operation of section 83.‍3 may be further extended in accordance with this section, but

  • (a)the reference to “at the end of the fifth anniversary of the day on which the National Security Act, 2017 receives royal assent unless, before the end of that fifth anniversary” in subsection (1) is to be read as a reference to “on the expiry of the most recent extension under this section unless, before that extension expires”; and

  • (b)the reference to “the fifth anniversary referred to subsection (1)” in subsection (1.‍2) is to be read as a reference to “the expiry of the most recent extension under this section”.

149Subsection 83.‍33(1) of the Act is repealed.

150Subparagraph (a)‍(xii.‍81) of the definition offence in section 183 of the Act is replaced by the following:

  • (xii.‍81)section 83.‍221 (counselling commission of terrorism offence),

151Subsection 486.‍6(1) of the Act is replaced by the following:

Offence

486.‍6(1)Every person who fails to comply with an order made under any of subsections 486.‍4(1) to (3) or subsection 486.‍5(1) or (2) is guilty of an offence punishable on summary conviction.

152Subparagraph (a.‍1)‍(i.‍091) of the definition primary designated offence in section 487.‍04 of the Act is replaced by the following:

  • (i.‍091)section 83.‍221 (counselling commission of terrorism offence),

153Section 810.‍011 of the Act is amended by adding the following after subsection (14):

Annual report

(15)Each year, the Attorney General of Canada shall prepare and cause to be laid before each House of Parliament a report setting out the number of recognizances entered into under this section in the previous year.

154The Act is amended by adding the following after section 810.‍4:

Orders under sections 486 to 486.‍5 and 486.‍7

810.‍5(1)Sections 486 to 486.‍5 and 486.‍7 apply, with any necessary modifications, to proceedings under any of sections 83.‍3 and 810 to 810.‍2.

Offence — order restricting publication

(2)Every person who fails to comply with an order made under any of subsections 486.‍4(1) to (3) or subsection 486.‍5(1) or (2) in proceedings referred to in subsection (1) is guilty of an offence under section 486.‍6.

Transitional Provisions

Continued application

155Paragraph 83.‍05(1)‍(b) and subsection 83.‍05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.‍05(2) of that Act.

Proceedings continued

156Proceedings commenced under sections 83.‍28 and 83.‍29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.‍28 and 83.‍29 if the hearing of the application made under subsection 83.‍28(2) began before that day.

No report for year before coming into force

157No report is to be prepared under subsection 810.‍011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection.

Start of inserted block

Section 83.‍3 of the Criminal Code

End of inserted block

Application

Start of inserted block

157.‍1If section 83.‍3 of the Criminal Code has ceased to have effect in accordance with section 83.‍32 of that Act before the day on which this section comes into force, then that section 83.‍3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.‍3.

End of inserted block

1992, c. 20

Consequential Amendment to the Corrections and Conditional Release Act

158Paragraph (a.‍92) of section 1 of Schedule I to the Corrections and Conditional Release Act is replaced by the following:

  • (a.‍92)section 83.‍221 (counselling commission of terrorism offence);

PART 8
Youth Criminal Justice Act

2002, c. 1

159Subsection 14(2) of the Youth Criminal Justice Act is replaced by the following:

Orders

(2)A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.‍3 (recognizance — terrorist activity), 810 (recognizance —fear of injury or damage), 810.‍01 (recognizance — fear of certain offences), 810.‍011 (recognizance — fear of terrorism offence), 810.‍02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.‍2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)‍(n) (custody and supervision order), it shall not exceed 30 days.

160Subsection 20(2) of the Act is replaced by the following:

Orders under section 810 of Criminal Code

(2)Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.

161(1)Paragraph 25(3)‍(a) of the Act is replaced by the following:

  • (a)at a hearing at which it will be determined whether to release the young person or detain the young person in custody,

  • (a.‍1)at a hearing held in relation to an order referred to in subsection 14(2) or 20(2),

(2)The portion of subsection 25(6) of the Act before paragraph (a) is replaced by the following:

Release hearing before justice

(6)When a young person, at a hearing referred to in paragraph (3)‍(a) or (a.‍1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall

162The heading before section 28 of the Act is replaced by the following:

Detention and Release

163Subsection 29(1) of the Act is replaced by the following:

Detention as social measure prohibited

29(1)A youth justice court judge or a justice shall not detain a young person in custody as a substitute for appropriate child protection, mental health or other social measures.

164Subsection 30(1) of the Act is replaced by the following:

Designated place of temporary detention

30(1)Subject to subsection (7), a young person who is detained in custody in relation to any proceedings against the young person shall be detained in a safe, fair and humane manner in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.

165The heading before section 33 of the Act is replaced by the following:

Application for Release from or Detention in Custody

166(1)Paragraph 67(1)‍(c) of the Act is replaced by the following:

  • (c)the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

(2)Paragraph 67(3)‍(c) of the Act is replaced by the following:

  • (c)the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

167(1)Subsection 119(1) of the Act is amended by adding the following after paragraph (p):

  • (p.‍1)an employee of a department or agency of the Government of Canada, for the purpose of administering the Canadian Passport Order;

(2)Subsection 119(2) of the Act is amended by adding the following after paragraph (d):

  • (d.‍1)if an order referred to in subsection 14(2) or 20(2) is made against a young person, the period ending six months after the expiry of the order;

PART 9
Review

Duty to undertake review

168(1)During the sixth year after this section comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose.

Report

(2)The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends.

Bill C-22

(3)Subsections (4) and (5) 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 (in this section referred to as the “other Act”), receives royal assent.

Reviews by same committees

(4)If section 34 of the other Act comes into force during the period that begins on the day on which this section comes into force and ends immediately before the first anniversary of that day, then

  • (a)the review required by subsection (1) is, despite that subsection (1), to be undertaken five years after the day on which section 34 of the other Act comes into force, and

  • (b)the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.

Reviews by same committees

(5)If section 34 of the other Act has come into force during the year immediately preceding the day on which this section comes into force, then

  • (a)the review required by section 34 of the other Act is, despite that section, to be undertaken during the sixth year after the day on which subsection (1) comes into force; and

  • (b)the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be.

PART 10
Coming into Force

Order in council

169Parts 1 and 2, other than sections 48, 49, 74 and 75, come into force on a day to be fixed by order of the Governor in Council.

Order in council

Start of inserted block

169.‍1Part 1.‍1, other than section 49.‍2, comes into force on a day to be fixed by order of the Governor in Council.

End of inserted block

Order in council

170Part 3, other than sections 83, 90 and 91, come into force on a day to be fixed by order of the Governor in Council, but that day must be later than the day fixed under section 169.