Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

This Web page has been archived on the Web.

National Security Act, 2017 (S.C. 2019, c. 13)

Full Document:  

Assented to 2019-06-21

PART 1National Security and Intelligence Review Agency (continued)

Related and Consequential Amendments (continued)

R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act (continued)

36 Paragraph 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.

37 The 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-21Privacy Act

37.1 Section 37 of the Privacy Act is amended by adding the following after subsection (4):

  • Marginal note:Coordination with Review Agency

    (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.

37.2 Section 64 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Provision of information

    (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.

38 The 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

39 The 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-36Public Service Superannuation Act

40 Part 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-10Royal Canadian Mounted Police Act

41 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.35:

Marginal note:National security

  • 45.351 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

  • Marginal note: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.

42 Section 45.53 of the Act is amended by adding the following after subsection (4):

  • Marginal note: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.

  • Marginal note:Notification of referral

    (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.

43 Subsections 45.67(3) and (4) of the Act are replaced by the following:

  • Marginal note: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.

  • Marginal note:Notice to the Commissioner and complainant

    (3) Subject to subsection (3.1), 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.

  • Marginal note:Notice — application of subsection (2.1)

    (3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of 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.

  • Marginal note: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. 30Public Sector Compensation Act

44 Schedule 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

45 Schedule 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. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

46 The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.3:

Marginal note:National Security and Intelligence Review Agency Act

53.4 The 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.

47 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:

Marginal note: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

Marginal note:Part 3 of this Act

48 On 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:

Marginal note:Bill C-22

  • 49 (1) The following definitions apply in this section.

    new Act

    new Act means the National Security and Intelligence Review Agency Act, as enacted by section 2 of this Act. (nouvelle loi)

    other Act

    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):

      • Marginal note: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:

      • Marginal note: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:

    • (e) the definition review body in section 2 of the new Act is replaced by the following:

      review body

      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:

      Marginal note:Cooperation

      13 The 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:

      Marginal note: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:

      Marginal note: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:

      Marginal note:National Security and Intelligence Committee of Parliamentarians

  • (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,

Table of Contents

 

Date modified: