Regulations Adapting the Employment Equity Act in Respect of the Canadian Security Intelligence Service

Surrender of Documents

34.1 A compliance officer shall surrender to the Service all documents that contain national security information

• (a) when the Service has complied with its obligations under this Act;

• (b) when the Service has complied with an undertaking referred to in section 25; or

• (c) 30 days after the making of an order of a Tribunal if there is no judicial review, or 30 days after a judicial review or any appeal of the judicial review becomes final.

• 34.2 (1) A Tribunal shall surrender to the Service, within 30 days after the day on which an order of a Tribunal in respect of special proceedings is made, all documents that form part of the public record of the proceedings and the Service shall retain the documents for two years.

• (2) The Tribunal shall place all other documents of the special proceedings in a sealed envelope bearing the appropriate security classification and shall, within the period referred to in subsection (1), surrender the envelope to the Service for destruction.

• (2.1) Subsections (1) and (2) apply when there is no application for judicial review.

• (3) If there is an application for judicial review, a judicial review or an appeal from the judicial review, the Tribunal shall surrender the documents referred to in subsections (1) and (2) within the latest of

  • (a) 30 days after an application for judicial review is withdrawn or a decision of a court refusing an application for judicial review,

  • (b) 30 days after a decision on a judicial review of the special proceedings, and

  • (c) 30 days after a decision on the last appeal of a judicial review of the special proceedings.