National Security Act, 2017 (S.C. 2019, c. 13)
Full Document:
- HTMLFull Document: National Security Act, 2017 (Accessibility Buttons available) |
- PDFFull Document: National Security Act, 2017 [1419 KB]
Assented to 2019-06-21
PART 4R.S., c. C-23Canadian Security Intelligence Service Act (continued)
Amendments to the Act (continued)
108 Paragraphs 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
109 The Act is amended by adding the following after section 40:
Marginal note: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.
Marginal note: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.
Marginal note: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
Marginal note:Definitions
110 The following definitions apply in section 111.
- commencement day
commencement day means the day on which section 96 comes into force. (date de référence)
- dataset
dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)
- Service
Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service)
Marginal note:Datasets collected by Service
111 If 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 52015, c. 20, s. 2Security of Canada Information Sharing Act
Amendments to the Act
112 The long title of the English version of the Security of Canada Information Sharing Act is replaced by the following:
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;
114 Section 1 of the English version of the Act is replaced by the following:
Marginal note:Short title
1 This 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
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:
Marginal note: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.
116 Section 3 of the English version of the Act is replaced by the following:
Marginal note:Purpose
3 The 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:
Marginal note:Guiding principles
4 The disclosure of information under this Act is to be guided by the following principles:
(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
118 Sections 5 and 6 of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note:Requirement to destroy or return
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.
Marginal note:Exception
(2) Subsection (1) does not apply if the retention of the information is required by law.
Marginal note:Canadian Security Intelligence Service Act
(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.
Marginal note:Clarification
6 Nothing in section 5 or 5.1 is to be construed as authorizing the collection or use of any information that is disclosed under section 5.
- Date modified: