National Security and Intelligence Review Agency Act (S.C. 2019, c. 13, s. 2)

AMENDMENTS NOT IN FORCE

• — 2024, c. 16, s. 116

  • • 116 (1) The definition department in section 2 of the National Security and Intelligence Review Agency Act is replaced by the following:

      department

      department means, other than in subsection 42(2), a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration — other than a review body and the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act, the Canadian Forces or the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act. (ministère)

    • (2) The definition appropriate Minister in section 2 of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

      • (f) with respect to the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act, the Minister of Public Safety and Emergency Preparedness. (ministre compétent)

• — 2024, c. 25, s. 136

  • • 136 (1) The definition deputy head in section 2 of the National Security and Intelligence Review Agency Act is amended by adding the following after paragraph (c):

      • (c.1) with respect to the Canada Border Services Agency, the President;

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

      • (a) the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or

• — 2024, c. 25, s. 137

  • 137 Subparagraph 8(1)(d)(ii) of the Act is replaced by the following:

    • (ii) any complaint referred to the Agency under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act,

• — 2024, c. 25, s. 138

  • 138 Paragraph 10(d) of the Act is replaced by the following:

    • (d) in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, any information that relates to the complaint and that is in the possession or under the control of the Public Complaints and Review Commission, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Communications Security Establishment or the Canada Border Services Agency.

• — 2024, c. 25, s. 139

  • 139 Subsection 14(1) of the Act is replaced by the following:

    • Provision of information to Review Agency

      • 14 (1) Despite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission 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).

• — 2024, c. 25, s. 140

  • 140 Section 15 of the Act is replaced by the following:

    • Public Complaints and Review Commission

      • 15 (1) The Review Agency may provide to the Public Complaints and Review Commission information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related, in the Review Agency’s opinion, to the fulfilment of that Commission’s mandate under subsections 28(1) and (2) of the Public Complaints and Review Commission Act.

      • Exception

        (2) The Review Agency must not provide to the Public Complaints and Review Commission information that is referred to in subsection 19(1) of the Public Complaints and Review Commission Act.

• — 2024, c. 25, s. 141

  • 141 Section 19 of the Act is replaced by the following:

    • Complaints referred by review body

      19 The Review Agency must receive and investigate a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act if it is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

• — 2024, c. 25, s. 142

  • 142 Paragraph 29(1)(c) of the Act is replaced by the following:

    • (c) on completion of an investigation in relation to a complaint referred to it under subsection 52(8) or 53(4) of the Public Complaints and Review Commission Act or under regulations made under subparagraph 87(o.1)(ii) of that Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police or the President of the Canada Border Services Agency, as the case may be, with a report containing the findings of the investigation and any recommendations that the Review Agency considers appropriate.