National Security and Intelligence Review Agency Act

Contents

1Short title#

This Act may be cited as the National Security and Intelligence Review Agency Act.

2Definitions#

The following definitions apply in this Act.

appropriate Minister means

(a)with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;

(b)with respect to a division or branch of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act, the Minister set out in column II of that schedule;

(c)with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act;

(d)with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection;

(e)with respect to the Canadian Forces, the Minister of National Defence; or

(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)

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)

deputy head means, except in section 42,

(a)with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department;

(b)with respect to the Canadian Forces, the Chief of the Defence Staff;

(c)with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;

(d)with respect to the Canadian Security Intelligence Service, the Director;

(e)with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and

(f)with respect to any inquiry established under the Inquiries Act, if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. (administrateur général)

Director means the Director of the Canadian Security Intelligence Service. (directeur)

Review Agency means the National Security and Intelligence Review Agency established under section 3. (Office de surveillance)

review body means

(a)the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act; or

(b)the National Security and Intelligence Committee of Parliamentarians. (organisme de surveillance)

Review Agency and Members

3Review Agency established#

The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.

4Appointment of members#

(1)The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency.

(2)A member may be appointed to the Review Agency only after consultation by the Prime Minister with

(a)the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate;

(b)the Leader or Facilitator of every recognized party or parliamentary group in the Senate;

(c)the Leader of the Opposition in the House of Commons; and

(d)the leader in the House of Commons of each party having at least twelve members in that House.

(3)Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.

(4)Each member of the Review Agency, on the expiry of their first term of office, is eligible to be reappointed for one further term.

(5)The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency.

(6)The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency.

(7)The Chair and Vice-chair may be designated to hold office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis.

5Acting Chair#

(1)If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.

(2)No member designated under subsection (1) may act as the Chair for more that 90 days without the approval of the Governor in Council.

6Remuneration and expenses#

(1)Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence.

(2)The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work.

7Acts and regulations applicable#

Each member of the Review Agency is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Each full-time member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

7.1Agency procedures#

Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.

Mandate

8Review and investigation#

(1)The mandate of the Review Agency is to

(a)review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment;

(b)review any activity carried out by a department that relates to national security or intelligence;

(c)review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and

(d)investigate

(i)any complaint made under subsection 16(1), 17(1) or 18(3),

(ii)any complaint referred to the Agency under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,

(iii)reports made to the Agency under section 19 of the Citizenship Act, and

(iv)matters referred to the Agency under section 45 of the Canadian Human Rights Act.

(2)In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

(2.1)The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following:

(a)the Canadian Security Intelligence Service;

(b)the Communications Security Establishment; and

(c)any other department if the ministerial direction relates to national security or intelligence.

(2.2)In the course of its review of activities carried out by departments, the Review Agency must, each calendar year, review the implementation of all directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act.

(3)In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to

(a)a department’s compliance with the law and any applicable ministerial directions; and

(b)the reasonableness and necessity of a department’s exercise of its powers.

^note

Access to Information

9Right of access — reviews#

(1)Despite any other Act of Parliament and subject to section 12, the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department.

(2)Under subsection (1), the Review Agency is entitled to have access to information that is subject to any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

(3)For greater certainty, the disclosure to the Review Agency under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

10Right of access — complaints#

Despite any other Act of Parliament and any privilege under the law of evidence and subject to section 12, the Review Agency is entitled to have access in a timely manner to the following information:

(a)in relation to a complaint made under subsection 16(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

(b)in relation to a complaint made under subsection 17(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

(c)in relation to a complaint made under subsection 18(3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and

(d)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, any information that relates to the complaint and that is in the possession or under the control of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.

^note

11Documents and explanations#

(1)Under sections 9 and 10, the Review Agency is entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions.

(2)For the purposes of sections 9 and 10, the Review Agency is entitled to decide whether information relates to the review or complaint in question.

(3)In the event of any inconsistency or conflict between sections 9 and 10 and any provision of an Act of Parliament other than this Act, section 9 or 10 prevails to the extent of the inconsistency or conflict.

12Exception#

The Review Agency is not entitled to have access to a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.

Review Body

13Cooperation#

The Review Agency and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Review Agency and that review body in relation to the fulfilment of their respective mandates.^note

14Provision of information to Review Agency#

(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).

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

^note

15Civilian Review and Complaints Commission#

(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.

(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.

^note

15.1National Security and Intelligence Committee of Parliamentarians#

(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.

(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.

^note

Coordination

15.1Coordination with Privacy Commissioner#

(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.

(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

16Complaints — Canadian Security Intelligence Service#

(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.

(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.

17Complaints — Communications Security Establishment#

(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.

(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.

^note

18Denial of security clearance#

(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.

(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.

(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.

(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.

19Complaints — Royal Canadian Mounted Police#

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.

20Complaints submitted on behalf of complainants#

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.

21Written complaint#

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.

22Statement to complainant#

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

23Informal resolution#

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

(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

24Notice of intention to investigate#

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.

25Investigations in private#

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

(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.

26Canadian Human Rights Commission may comment#

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.

27Powers of Review Agency#

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.

27.1Duty to suspend#

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.

28Evidence in other proceedings#

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.

29Report of findings#

(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.

(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.

(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.

30Review Agency member authorized to act alone#

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

31Power — Review Agency#

(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.

(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

32Annual report — Canadian Security Intelligence Service#

(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.

(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.

33Annual report — Communications Security Establishment#

(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.

(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.

34Report of review#

The Review Agency may submit to the appropriate Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency.

35Compliance report#

(1)The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned.

(2)As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances.

(3)The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.

36Copy to Intelligence Commissioner#

The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.

37Annual briefing — Canadian Security Intelligence Service#

(1)At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.

(2)At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications Security Establishment of its powers, duties and functions.

(3)The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.

Public Reports

38Report to Prime Minister#

(1)The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.

(2)The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

39Security of Canada Information Disclosure Act#

(1)The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.

(2)The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

40Special report#

(1)If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.

(2)The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Secretariat

41Secretariat established#

(1)The National Security and Intelligence Review Agency Secretariat is established.

(2)The Secretariat is to assist the Review Agency in fulfilling its mandate.

42Executive director#

(1)There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office.

(2)The executive director has the rank and all the powers of a deputy head of a department.

43Absence or incapacity#

If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.

44Remuneration and expenses#

(1)The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

(2)The executive director is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

45Personnel#

(1)The executive director has exclusive authority to

(a)appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and

(b)establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.

(2)Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1).

(3)Part 7 of the Public Service Employment Act applies to the executive director and the Secretariat’s employees. For the purposes of that Part, the executive director is deemed to be a deputy head, and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.

46Powers of the executive director#

In exercising his or her authority under subsection 45(1), the executive director may

(a)determine the human resources requirements of the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat;

(b)provide for the classification of positions in and employees of the Secretariat;

(c)after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

(d)after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;

(e)determine the learning, training and development requirements of the Secretariat employees and fix the terms on which the learning, training and development may be carried out;

(f)provide for the awards that may be made to Secretariat employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

(g)establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;

(h)provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of Secretariat employees for reasons other than breaches of discipline or misconduct;

(i)establish policies respecting the exercise of the powers granted by this section; and

(j)provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the executive director considers necessary for effective human resources management in the Secretariat.

47Negotiation of collective agreements#

Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board.

48Technical assistance#

The executive director may engage the services of persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Security and Confidentiality

49Oath or solemn affirmation#

Each member of the Review Agency must take the following oath or make the following solemn affirmation:

50Compliance with security requirements#

Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under section 48 must

(a)maintain the security clearance required by the Government of Canada; and

(b)follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

51Disclosure prohibited#

A member or former member of the Review Agency, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.

52Protection of confidential information#

(1)The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege:

(a)a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; or

(b)a report under subsection 29(2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.

(2)In addition to the consultation set out in subsection (1) and for the same purpose, the Review Agency must consult with the Director

(a)in preparing a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act;

(b)in preparing a report under subsection 29(3) of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act; or

(c)if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)(b).

53Independence of peace officer#

The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.

General

54Powers not limited#

Nothing in this Act is to be construed as limiting the power of any body or person that is authorized under an Act of Parliament to conduct a review or investigation in relation to any activity of a department.

Governor in Council Powers

55Designations#

The Governor in council may, by order, designate

(a)a federal Minister as the Minister responsible for this Act;

(b)any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (e) of the definition deputy head in section 2; and

(c)a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (f) of the definition deputy head in section 2.

Related provisions

— 2019, c. 13, s. 3The following definitions apply in sections 4 to 17.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 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 means the National Security and Intelligence Review Agency. (nouvel office) — 2019, c. 13, s. 4The 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.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.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. — 2019, c. 13, s. 5Nothing 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.For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. — 2019, c. 13, s. 6A 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. — 2019, c. 13, s. 7Any 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. — 2019, c. 13, s. 8All 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. — 2019, c. 13, s. 9A 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. — 2019, c. 13, s. 10The 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. — 2019, c. 13, s. 11The 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.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. — 2019, c. 13, s. 12The 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.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. — 2019, c. 13, s. 13Any 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.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. — 2019, c. 13, s. 14Despite 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. — 2019, c. 13, s. 15The 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. — 2019, c. 13, s. 16The 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. — 2019, c. 13, s. 17Any 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.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. — 2019, c. 13, par. 82(1)(f), ss. (2)A reference to the former department in any of the following is deemed to be a reference to the new department:the National Security and Intelligence Review Agency Act; andThe 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.

Amendments not in force

— 2024, c. 25, s. 136The definition deputy head in section 2 of the National Security and Intelligence Review Agency Act is amended by adding the following after paragraph (c):with respect to the Canada Border Services Agency, the President;Paragraph (a) of the definition review body in section 2 of the Act is replaced by the following:the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or — 2024, c. 25, s. 137Subparagraph 8(1)(d)(ii) of the Act is replaced by the following: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. 138Paragraph 10(d) of the Act is replaced by the following: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. 139Subsection 14(1) of the Act is replaced by the following: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. 140Section 15 of the Act is replaced by the following: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.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. 141Section 19 of the Act is replaced by the following: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. 142Paragraph 29(1)(c) of the Act is replaced by the following: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.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.