National Security and Intelligence Committee of Parliamentarians Regulations (SOR/2017-222)

Regulations are current to 2019-07-01

National Security and Intelligence Committee of Parliamentarians Regulations

SOR/2017-222

NATIONAL SECURITY AND INTELLIGENCE COMMITTEE OF PARLIAMENTARIANS ACT

Registration 2017-10-06

National Security and Intelligence Committee of Parliamentarians Regulations

P.C. 2017-1238 2017-10-06

His Excellency the Governor General in Council, on the recommendation of the Leader of the Government in the House of Commons, pursuant to section 33 of the National Security and Intelligence Committee of Parliamentarians ActFootnote a, makes the annexed National Security and Intelligence Committee of Parliamentarians Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the National Security and Intelligence Committee of Parliamentarians Act. (Loi)

member

member means a member of the Committee. (membre)

restricted area

restricted area means an area

  • (a) that is indicated by a perimeter and monitored continuously;

  • (b) to which access is limited to persons who hold the proper authorization and to escorted visitors; and

  • (c) for which records detailing the access to the area are maintained and audited. (zone d’accès restreint)

sensitive information

sensitive information means information or documents

  • (a) that a member obtains, creates or has access to in the course of exercising their powers or performing their duties and functions under the Act; and

  • (b) that a department is taking measures to protect. (renseignements sensibles)

Security Clearances

Marginal note:Necessary security clearance

  •  (1) For the purpose of paragraph 10(a) of the Act, the necessary security clearance is a Top Secret security clearance that is issued by the Clerk of the Privy Council.

  • Marginal note:Change in personal circumstances

    (2) A member must, without delay, provide the Clerk of the Privy Council with a report of any change in their personal circumstances that may affect their security clearance, including

    • (a) a criminal conviction;

    • (b) being the subject of a law enforcement action;

    • (c) association with criminals; and

    • (d) a significant change in their personal financial situation.

Marginal note:Security briefing

 A member must attend a security briefing provided by the Secretariat

  • (a) before accessing sensitive information for the first time; and

  • (b) before accessing sensitive information that is in a category for which they have not already received a security briefing.

Procedures and Practices for Protecting Sensitive Information

Marginal note:Handling of sensitive information

 A member may handle sensitive information only when they are inside a restricted area.

Marginal note:Discussion of sensitive information — location

  •  (1) A member may discuss sensitive information only when they are inside a restricted area.

  • Marginal note:Prevention of indirect disclosure

    (2) A member must ensure that they do not indirectly disclose sensitive information when discussing their powers, duties and functions under the Act outside of a restricted area.

Marginal note:Transportation — limit

 A member may transport sensitive information only directly from one restricted area to another.

Marginal note:Transportation requirements

 When a member transports sensitive information, they must use equipment that has been provided to them by the Secretariat for that purpose and must maintain physical control of that equipment for the duration of the transport.

Marginal note:Electronic equipment requirements

  •  (1) A member may electronically produce, store or transmit sensitive information only using electronic equipment that is provided to them by the Secretariat for that purpose.

  • Marginal note:Reception of sensitive information

    (2) If a member receives sensitive information using electronic equipment that is not provided to them by the Secretariat, the member must report the occurrence to the Secretariat as soon as the circumstances permit.

Marginal note:Sensitive information — return to custody

 If a member takes custody of sensitive information from the Secretariat, the member must ensure that the information is returned to the custody of the Secretariat.

Marginal note:Information — remit to custody

 A member must, as soon as the circumstances permit, remit to the custody of the Secretariat

  • (a) all information and documents created by the member that are derived from sensitive information; and

  • (b) all information that they receive from a source other than a department and that is related to the exercise of their powers or the performance of their duties and functions under the Act.

Marginal note:Storage of electronic devices

 Before entering a restricted area, a member must store outside of the area all electronic devices on their person that were not provided to them by the Secretariat.

Marginal note:Incident reports

 A member must, without delay, provide the Executive Director of the Secretariat with a report of

  • (a) every act, event or omission that they believe could result in

    • (i) an unauthorized access to sensitive information or a restricted area, or

    • (ii) an unauthorized disclosure, destruction, removal, modification or use of sensitive information; and

  • (b) any contact with an individual that they believe may constitute an attempt to access sensitive information.

Marginal note:Emergency situations

 In the event of an emergency situation at the premises in which a member is exercising their powers or performing their duties and functions under the Act, the member must take all measures that can be safely taken in the circumstances to protect the sensitive information that is in their custody.

Coming into Force

Marginal note:

  • S.C. 2017, c. 15 or registration
  • Footnote * These Regulations come into force on the day on which the National Security and Intelligence Committee of Parliamentarians Act, chapter 15 of the Statutes of Canada, 2017 comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

     
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