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

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 Schedule I to the Access to Information Act is amended by deleting the reference, under the heading “Other Government Institutions”, to

19 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

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

20 Item 18 of the schedule to the Canada Evidence Act is replaced by the following:

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

• 21 (1) The definition Review Committee in section 2 of the Canadian Security Intelligence Service Act is repealed.

• (2) Section 2 of the Act is amended by adding the following in alphabetical order:

  Review Agency

  Review Agency means the National Security and Intelligence Review Agency; (Office de surveillance)

22 Parts III and IV of the Act are repealed.

Marginal note:Replacement of “Committee”

23 The Act is amended by replacing “Committee” with “Agency” in the following provisions:

• (a) subsections 6(2) and (4);

• (b) subsection 12.1(3.5);

• (c) subsection 17(2);

• (d) subsection 19(3); and

• (e) subsection 20(4).

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

• 24 (1) Subsection 19(1) of the Citizenship Act is replaced by the following:

  Marginal note:Definitions

  • 19 (1) The following definitions apply in this section and sections 19.1, 19.2 and 20.

    Review Agency

    Review Agency means the National Security and Intelligence Review Agency. (Office de surveillance)

    threats to the security of Canada

    threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)

• (2) Subsection 19(4) of the Act is replaced by the following:

  • Marginal note:Application of the National Security and Intelligence Review Agency Act

    (4) Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.

Marginal note:Replacement of “Committee”

25 The Act is amended by replacing “Committee” with “Agency” in the following provisions:

• (a) subsections 19(2) and (4.1) to (6);

• (b) subsection 19.1(1);

• (c) subsection 19.2(1); and

• (d) subsection 20(1).

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

26 Subsection 13(2) of the Financial Administration Act is replaced by the following:

27 Schedule I.1 to the Act is amended by deleting the reference, in column I, to

and the corresponding reference in column II to “Prime Minister”.

28 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to “Prime Minister”.

29 Schedule V to the Act is amended by deleting the reference to

30 Schedule V to the Act is amended by adding the following in alphabetical order:

31 Part III of Schedule VI to the Act is amended by deleting the reference, in column I, to

and the corresponding reference in column II to “Chairman”.

32 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

and a corresponding reference in column II to “executive director”.

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

• 33 (1) Subsection 45(1) of the Canadian Human Rights Act is replaced by the following:

  Marginal note:Definition of Review Agency

  • 45 (1) In this section and section 46, Review Agency means the National Security and Intelligence Review Agency.

• (2) The Act is amended by replacing “Committee” with “Agency” in subsections 45(2) and (4).

• (3) Subsection 45(5) of the Act is replaced by the following:

  • Marginal note:National Security and Intelligence Review Agency Act

    (5) If a matter is referred to the Review Agency under paragraph (2)(b), sections 10 to 12, 20, 24 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the matter as if the referral were a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” is to be read as a reference to the minister referred to in subsection (2).

• (4) The Act is amended by replacing “Committee” with “Agency” in subsection 45(6).