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

Full Document:

HTMLFull Document: National Security Act, 2017 (Accessibility Buttons available) |
XMLFull Document: National Security Act, 2017 [114 KB] |
PDFFull Document: National Security Act, 2017 [306 KB]

Act current to 2024-11-26 and last amended on 2024-08-19. Previous Versions

Table of Contents

National Security Act, 2017

S.C. 2019, c. 13

Assented to 2019-06-21

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;

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;

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

Marginal note:Short title

1 This Act may be cited as the National Security Act, 2017.

PART 1National Security and Intelligence Review Agency

National Security and Intelligence Review Agency Act

2 [Amendments]

Transitional Provisions

Marginal note:Definitions

3 The following definitions apply in sections 4 to 17.

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)
former Committee: 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: new Agency means the National Security and Intelligence Review Agency. (nouvel office)

Marginal note: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.
Marginal note: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.
Marginal note: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.

Marginal note: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.
Marginal note:Managerial or confidential position
(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

6 A 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.

Marginal note:Appropriations

7 Any 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.

Marginal note:Rights and obligations

8 All 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.

Marginal note:Contracts

9 A 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.

Marginal note:Information — former Committee

10 The 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.

Marginal note: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.
Marginal note: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.

Marginal note: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.
Marginal note: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.

Marginal note: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.
Marginal note: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.

Marginal note:No compensation

14 Despite 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.

Marginal note:Information — former Commissioner

15 The 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.

Marginal note:Complaints — former Commissioner

16 The 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.

Marginal note: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.
Marginal note: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-1Access to Information Act

18 [Amendments]

19 [Amendments]

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

20 [Amendments]

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

21 [Amendments]

22 [Amendments]

23 [Amendments]

R.S., c. C-29Citizenship Act

24 [Amendments]

25 [Amendments]

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

26 [Amendments]

27 [Amendments]

28 [Amendments]

29 [Amendments]

30 [Amendments]

31 [Amendments]

32 [Amendments]

R.S., c. H-6Canadian Human Rights Act

33 [Amendments]

34 [Amendments]

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

35 [Amendments]

36 [Amendments]

37 [Amendments]

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

37.1 [Amendments]

37.2 [Amendments]

38 [Amendments]

39 [Amendments]

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

40 [Amendments]

R.S., c. R-10Royal Canadian Mounted Police Act

41 [Amendments]

42 [Amendments]

43 [Amendments]

1991, c. 30Public Sector Compensation Act

44 [Amendments]

45 [Amendments]

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

46 [Amendments]

47 [Amendments]

Coordinating Amendments

48 [Amendments]

49 [Amendments]

PART 1.1Avoiding Complicity in Mistreatment by Foreign Entities

Avoiding Complicity in Mistreatment by Foreign Entities Act

49.1 [Amendments]

Coordinating Amendments

49.2 [Amendments]

PART 2Intelligence Commissioner

Intelligence Commissioner Act

50 [Amendments]

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 [Amendments]

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

61 [Amendments]

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

62 [Amendments]

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

63 [Amendments]

64 [Amendments]

65 [Amendments]

66 [Amendments]

67 [Amendments]

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

68 [Amendments]

69 [Amendments]

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

70 [Amendments]

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

71 [Amendments]

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

72 [Amendments]

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

73 [Amendments]

Coordinating Amendments

74 [Amendments]

75 [Amendments]

PART 3Communications Security Establishment

Communications Security Establishment Act

76 [Amendments]

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) Schedule 1 to the Foreign Interference and 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.

2019, c. 13, s. 82
2024, c. 16, s. 59

Previous Version

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

83 [Amendments]

Consequential Amendments

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

84 [Amendments]

1991, c. 30Public Sector Compensation Act

85 [Amendments]

86 [Amendments]

87 [Amendments]

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

88 [Amendments]

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

89 [Amendments]

Coordinating Amendments

90 [Amendments]

91 [Amendments]

PART 4R.S., c. C-23Canadian Security Intelligence Service Act

Amendments to the Act

92 [Amendments]

93 [Amendments]

94 [Amendments]

95 [Amendments]

96 [Amendments]

97 [Amendments]

98 [Amendments]

99 [Amendments]

100 [Amendments]

101 [Amendments]

102 [Amendments]

103 [Amendments]

104 [Amendments]

105 [Amendments]

106 [Amendments]

107 [Amendments]

108 [Amendments]

109 [Amendments]

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 [Amendments]

113 [Amendments]

114 [Amendments]

115 [Amendments]

116 [Amendments]

117 [Amendments]

118 [Amendments]

118.1 [Amendments]

119 [Amendments]

120 [Amendments]

Consequential Amendments

R.S., c. E-15Excise Tax Act

121 [Amendments]

R.S., c. F-15Department of Fisheries and Oceans Act

122 [Amendments]

R.S., c. 1 (2nd Supp.)Customs Act

123 [Amendments]

R.S., c. 1 (5th Supp.)Income Tax Act

124 [Amendments]

1995, c. 25Chemical Weapons Convention Implementation Act

125 [Amendments]

2002, c. 22Excise Act, 2001

126 [Amendments]

PART 62015, c. 20, s. 11Secure Air Travel Act

Amendments to the Act

127 [Amendments]

128 [Amendments]

129 [Amendments]

130 [Amendments]

131 [Amendments]

132 [Amendments]

133 [Amendments]

134 [Amendments]

135 [Amendments]

136 [Amendments]

137 [Amendments]

138 [Amendments]

Transitional Provision

Marginal note:Continued application

139 Subsection 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 7R.S., c. C-46Criminal Code

Amendments to the Act

140 [Amendments]

141 [Amendments]

142 [Amendments]

143 [Amendments]

144 [Amendments]

145 [Amendments]

146 [Amendments]

147 [Amendments]

148 [Amendments]

149 [Amendments]

150 [Amendments]

151 [Amendments]

152 [Amendments]

153 [Amendments]

154 [Amendments]

Transitional Provisions

Marginal note:Continued application

155 Paragraph 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.

Marginal note:Proceedings continued

156 Proceedings 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.

Marginal note:No report for year before coming into force

157 No 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.

Section 83.3 of the Criminal Code

Marginal note:Application

157.1 If 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.

1992, c. 20Consequential Amendment to the Corrections and Conditional Release Act

158 [Amendments]

PART 82002, c. 1Youth Criminal Justice Act

159 [Amendments]

160 [Amendments]

161 [Amendments]

162 [Amendments]

163 [Amendments]

164 [Amendments]

165 [Amendments]

166 [Amendments]

167 [Amendments]