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

Transitional Provisions

Marginal note:Definitions

77 The following definitions apply in sections 78 to 82.

former department

former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère)

new department

new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère)

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Repeal

  (2) The Minister may repeal an authorization referred to in subsection (1) at any time.

Marginal note:Arrangements

81 Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms.

Marginal note: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.

• Marginal note:Other references

  (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.

• Marginal note: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-5National 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:

  • Marginal note: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-5National Defence Act

84 Part V.1 of the National Defence Act is repealed.

1991, c. 30Public Sector Compensation Act

85 Subsection 7.1(1) of the French version of the Public Sector Compensation Act is replaced by the following:

86 Schedule I to the Act is amended by striking out the following under the heading “Other Portions of the Public Service”:

87 Schedule I to the Act is amended by adding, in alphabetical order, the following under the heading “Other Portions of the Public Service”:

2000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

88 Paragraph 55(3)(f) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

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

89 Paragraph (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:

Coordinating Amendments

Marginal note: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.