GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Security and Intelligence Review Agency Act — N-16.62 16
Complaints — Canadian Security Intelligence Service 16 (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. Other redress available (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 .
National Security and Intelligence Review Agency Act — N-16.62 17
Complaints — Communications Security Establishment 17 (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. Other redress available (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 . 2019, c. 13, s. 2 “17” 2019, c. 13, s. 48
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Denial of security clearance 18 (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. Denial of 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. Receipt and investigation of complaints (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. Time within which complaint is to be made (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.
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Complaints — Royal Canadian Mounted Police 19 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.
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Complaints submitted on behalf of complainants 20 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.
National Security and Intelligence Review Agency Act — N-16.62 21
Written complaint 21 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.
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Statement to complainant 22 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.
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Informal resolution 23 (1) The Review Agency may attempt to resolve the complaint informally. Agreement to informal resolution in writing (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.
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Notice of intention to investigate 24 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.
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Investigations in private 25 (1) Every investigation by the Review Agency is to be conducted in private. Right to make representations (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.
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Canadian Human Rights Commission may comment 26 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.
National Security and Intelligence Review Agency Act — N-16.62 27
Powers of Review Agency 27 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.
National Security and Intelligence Review Agency Act — N-16.62 27.1
Duty to suspend 27.1 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.
National Security and Intelligence Review Agency Act — N-16.62 28
Evidence in other proceedings 28 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.
National Security and Intelligence Review Agency Act — N-16.62 29
Report of findings 29 (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. Complainant (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. Report — denial of security clearance (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.
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Review Agency member authorized to act alone 30 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.
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Power — Review Agency 31 (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. Report (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.
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Annual report — Canadian Security Intelligence Service 32 (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. Contents of report (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.
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Annual report — Communications Security Establishment 33 (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. Contents of report (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.
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Report of review 34 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.
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Compliance report 35 (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. Report and comments to Attorney General of Canada (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. Copy to Review Agency (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.
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Copy to Intelligence Commissioner 36 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.
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Annual briefing — Canadian Security Intelligence Service 37 (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. Annual briefing — Communications Security Establishment (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. Other briefings (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.
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Report to Prime Minister 38 (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. Tabling (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.
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Security of Canada Information Disclosure Act 39 (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. Tabling (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.
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Special report 40 (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. Tabling (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.
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Secretariat established 41 (1) The National Security and Intelligence Review Agency Secretariat is established. Role (2) The Secretariat is to assist the Review Agency in fulfilling its mandate.
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Executive director 42 (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. Deputy head (2) The executive director has the rank and all the powers of a deputy head of a department.
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Absence or incapacity 43 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.
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Remuneration and expenses 44 (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. Compensation (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 .
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Personnel 45 (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. Right of employer (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). Political activities (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.
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Powers of the executive director 46 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.
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Negotiation of collective agreements 47 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.
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Technical assistance 48 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.
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Oath or solemn affirmation 49 Each member of the Review Agency must take the following oath or make the following solemn affirmation: I, , swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.
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Compliance with security requirements 50 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.
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Disclosure prohibited 51 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.