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

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).

• Marginal note:Exception

  (2) The review body must not provide to the Review Agency information that is referred to in section 12.

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.

• Marginal note:Exception

  (2) The Review Agency must not provide to the review body information that is referred to in subsection 45.42(1) of the Royal Canadian Mounted Police Act.

Marginal note:National Security and Intelligence Committee of Parliamentarians

• 15.1 (1) The Review Agency may provide to the National Security and Intelligence Committee of Parliamentarians information that is related, in the Agency’s opinion, to the fulfilment of that review body’s mandate under section 8 of the National Security and Intelligence Committee of Parliamentarians Act.

• Marginal note:Exception

  (2) The Review Agency must not provide to the review body

  • (a) information that is referred to in section 14 of the National Security and Intelligence Committee of Parliamentarians Act; or

  • (b) information that is the subject of a decision that has been provided to the Review Agency under subsection 16(3) of that Act.

Coordination

Marginal note:Coordination with Privacy Commissioner

• 15.1 (1) When fulfilling its mandate under any of paragraphs 8(1)(a) to (c), the Review Agency may coordinate its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.

• Marginal note:Provision of information

  (2) The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)(a) to (c).

Complaints

Marginal note:Complaints — Canadian Security Intelligence Service

• 16 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if

  • (a) the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

  • (b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

• Marginal note:Other redress available

  (2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act.

Marginal note:Complaints — Communications Security Establishment

• 17 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if

  • (a) the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

  • (b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

• Marginal note:Other redress available

  (2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Communications Security Establishment Act or the Federal Public Sector Labour Relations Act.

Marginal note:Denial of security clearance

• 18 (1) If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.

• Marginal note:Denial of security clearance

  (2) If, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance.

• Marginal note:Receipt and investigation of complaints

  (3) The Review Agency must receive and investigate a complaint from

  • (a) any individual referred to in subsection (1) who has been denied a security clearance; or

  • (b) any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.

• Marginal note:Time within which complaint is to be made

  (4) A complaint under subsection (3) must be made within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows.

Marginal note:Complaints — Royal Canadian Mounted Police

19 The Review Agency must receive and investigate a complaint referred to it under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act if the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

Marginal note:Complaints submitted on behalf of complainants

20 Nothing in this Act precludes the Review Agency from receiving and investigating complaints referred to in subsections 16(1), 17(1) and 18(3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized.

Marginal note:Written complaint

21 A complaint under subsection 16(1), 17(1) or 18(3) must be made to the Review Agency in writing unless the Agency authorizes otherwise.

Marginal note:Statement to complainant

22 The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18(3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.

Informal Resolution

Marginal note:Informal resolution

• 23 (1) The Review Agency may attempt to resolve the complaint informally.

• Marginal note:Agreement to informal resolution in writing

  (2) The resolution of a complaint through an informal process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.

Investigations

Marginal note:Notice of intention to investigate

24 Before commencing an investigation referred to in subsection 18(3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.

Marginal note:Investigations in private

• 25 (1) Every investigation by the Review Agency is to be conducted in private.

• Marginal note:Right to make representations

  (2) In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18(3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.

Marginal note:Canadian Human Rights Commission may comment

26 In the course of an investigation of a complaint, the Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.

Marginal note:Powers of Review Agency

27 The Review Agency has, in relation to the investigation of any complaint, the power

• (a) to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;

• (b) to administer oaths; and

• (c) to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law.

Marginal note:Duty to suspend

27.1 Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.

Marginal note:Evidence in other proceedings

28 Except in a prosecution under section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.

Marginal note:Report of findings

• 29 (1) The Review Agency must,

  • (a) on completion of an investigation in relation to a complaint under subsection 16(1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate;

  • (b) on completion of an investigation in relation to a complaint under subsection 17(1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and

  • (c) on completion of an investigation 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, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.

• Marginal note:Complainant

  (2) After providing a report under any of paragraphs (1)(a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.

• Marginal note:Report — denial of security clearance

  (3) On completion of an investigation in relation to a complaint under subsection 18(3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.

Marginal note:Review Agency member authorized to act alone

30 A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of the Agency under sections 16 to 29 in relation to complaints.

Departmental Study

Marginal note:Power — Review Agency

• 31 (1) For the purpose of ensuring that a department’s activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities.

• Marginal note:Report

  (2) A department that conducts a study under subsection (1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.

Reports to Ministers

Marginal note:Annual report — Canadian Security Intelligence Service

• 32 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period.

• Marginal note:Contents of report

  (2) The annual report must include information relating to

  • (a) the compliance of the Canadian Security Intelligence Service with the law and any applicable ministerial directions; and

  • (b) the reasonableness and necessity of the Canadian Security Intelligence Service’s exercise of its powers.

Marginal note:Annual report — Communications Security Establishment

• 33 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period.

• Marginal note:Contents of report

  (2) The annual report must include information relating to

  • (a) the compliance of the Communications Security Establishment with the law and any applicable ministerial directions; and

  • (b) the reasonableness and necessity of the Communications Security Establishment’s exercise of its powers.