National Security Act, 2017

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Sections242

• 1Short title

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

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• 3Definitions

  The following definitions apply in sections 4 to 17.

• 3[p3]

  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)

• 3[p4]

  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)

• 3[p5]

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

• 4Chairman 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.

• 4(2)Members of former Committee

  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.

• 4(3)Chair of new Agency

  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.

• 5Employment 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.

• 5(2)Managerial or confidential position

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

• 6Powers, duties and functions

  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.

• 7Appropriations

  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.

• 8Rights and obligations

  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.

• 9Contracts

  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.

• 10Information — former Committee

  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.

• 11Complaints — 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.

• 11(2)Reports and matters

  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.

• 12First 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.

• 12(2)First report — Communications Security Establishment

  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.

• 13Commencement 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.

• 13(2)Pending proceedings

  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.

• 14No compensation

  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.

• 15Information — former Commissioner

  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.

• 16Complaints — former Commissioner

  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.

• 17Commencement 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.

• 17(2)Pending proceedings

  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.

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• 51Definitions

  The following definitions apply in sections 52 to 59.

• 51[p71]

  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)

• 51[p72]

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

• 52Former Commissioner

  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.

• 53Status 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.

• 53(2)For greater certainty

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

• 54Powers, duties and functions

  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.

• 55Appropriations

  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.

• 56Rights, property and obligations

  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.

• 57Contracts
• 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.

• 57(2)References

  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.

• 58Commencement 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.

• 58(2)Pending proceedings

  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.

• 59No compensation

  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.

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• 77Definitions

  The following definitions apply in sections 78 to 82.

• 77[p105]

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

• 77[p106]

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

• 78Chief
• 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.

• 78(2)Employees

  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.

• 79Transfer 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.

• 79(2)Transfer of powers, duties and functions

  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.

• 80Ministerial 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.

• 80(2)Repeal

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

• 81Arrangements

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

• 82References
• 82(1)

  A reference to the former department in any of the following is deemed to be a reference to the new department:

• 82(1)(a)

  Schedule I to the Access to Information Act under the heading “Other Government Institutions”;

• 82(1)(b)

  Schedules I.1, V and VI to the Financial Administration Act;

• 82(1)(c)

  the schedule to the Privacy Act under the heading “Other Government Institutions”;

• 82(1)(d)

  Schedule 1 to the Foreign Interference and Security of Information Act;

• 82(1)(e)

  Schedule 3 to the Security of Canada Information Disclosure Act;

• 82(1)(f)

  the National Security and Intelligence Review Agency Act; and

• 82(1)(g)

  the Intelligence Commissioner Act.

• 82(1.1)Other references

  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.

• 82(2)Deputy head

  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.

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• 110Definitions

  The following definitions apply in section 111.

• 110[p156]

  commencement day means the day on which section 96 comes into force. (date de référence)

• 110[p157]

  dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)

• 110[p158]

  Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service)

• 111Datasets collected by Service

  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.

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• 139Continued application

  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.

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