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

Transitional Provisions

Marginal note:Definitions

51 The following definitions apply in sections 52 to 59.

former Commissioner

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

new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act. (nouveau commissaire)

Marginal note:Former Commissioner

52 The 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.

Marginal note: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.

• Marginal note:For greater certainty

  (2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

Marginal note:Powers, duties and functions

54 A 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.

Marginal note:Appropriations

55 Any 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.

Marginal note:Rights, property and obligations

56 Subject 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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:No compensation

59 Despite 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-1Access to Information Act

60 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. C-5Canada Evidence Act

61 Item 20 of the schedule to the Canada Evidence Act is repealed.

R.S., c. C-23Canadian Security Intelligence Service Act

62 Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:

R.S., c. F-11Financial Administration Act

63 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to “Minister of National Defence”.

64 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to “Prime Minister”.

65 Schedule V to the Act is amended by adding the following in alphabetical order:

66 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to “Commissioner of the Communications Security Establishment”.

67 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to “Intelligence Commissioner”.

R.S., c. N-5National Defence Act

68 Section 273.63 of the National Defence Act is repealed.

69 Subsection 273.65(8) of the Act is repealed.

R.S., c. O-5Security of Information Act

70 The schedule to the Security of Information Act is amended by adding the following in alphabetical order:

R.S., c. P-21Privacy Act

71 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. P-36Public Service Superannuation Act

72 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

2015, c. 20, s. 2Security of Canada Information Disclosure Act

73 Schedule 2 to the Security of Canada Information Disclosure Act is amended by deleting the following:

Coordinating Amendments

Marginal note: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.