GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 115
115 (1) The definition department in section 2 of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following: department means, except in subsection 25(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 or 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 ) (2) The definition appropriate Minister in section 2 of the Act is amended by striking out “or” at the end of paragraph (c.1), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) 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 )
National Security and Intelligence Committee of Parliamentarians Act — N-16.6
department means, except in subsection 25(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 or 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 )
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 132
132 Paragraph (a) of the definition review body in section 2 of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following: (a) the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act ; or
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 133
133 Subsection 16(3) of the Act is replaced by the following: Review bodies informed of decision (3) The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police or the Canada Border Services Agency, to the Public Complaints and Review Commission.
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 134
134 Subsection 22(1) of the Act is replaced by the following: Provision of information to Committee 22 (1) Despite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate.
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 22
Provision of information to Committee 22 (1) Despite any provision of any other Act of Parliament — including section 25 of the Public Complaints and Review Commission Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate.
National Security and Intelligence Committee of Parliamentarians Act — N-16.6 135
135 Paragraph 23(a) of the Act is replaced by the following: (a) to the Public Complaints and Review Commission, information that is obtained from — or that is created by the Committee from information obtained from — the Royal Canadian Mounted Police or the Canada Border Services Agency and that is related to the fulfilment of that Commission’s mandate; or
National Security and Intelligence Review Agency Act — N-16.62 1
Short title 1 This Act may be cited as the National Security and Intelligence Review Agency Act .
National Security and Intelligence Review Agency Act — N-16.62 2
Definitions 2 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; or (e) with respect to the Canadian Forces, the Minister of National Defence. ( 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 or the Canadian Forces. ( 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 ) 2019, c. 13, s. 2 “2” 2019, c. 13, s. 49
National Security and Intelligence Review Agency Act — N-16.62 (a)
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; or (e) with respect to the Canadian Forces, the Minister of National Defence. ( ministre compétent )
National Security and Intelligence Review Agency Act — N-16.62
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 or the Canadian Forces. ( ministère )
National Security and Intelligence Review Agency Act — N-16.62 (a)
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 )
National Security and Intelligence Review Agency Act — N-16.62
Director means the Director of the Canadian Security Intelligence Service. ( directeur )
National Security and Intelligence Review Agency Act — N-16.62
Review Agency means the National Security and Intelligence Review Agency established under section 3 . ( Office de surveillance )
National Security and Intelligence Review Agency Act — N-16.62 (a)
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 )
National Security and Intelligence Review Agency Act — N-16.62 3
Review Agency established 3 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.
National Security and Intelligence Review Agency Act — N-16.62 4
Appointment of members 4 (1) The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency. Consultation (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. Term of office (3) Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years. Reappointment (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. Designation of Chair (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. Designation of Vice-chair (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. Full- or part-time members (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. 2019, c. 13, s. 2 “4” 2022, c. 10, s. 253
National Security and Intelligence Review Agency Act — N-16.62 5
Acting Chair 5 (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. Limit (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.
National Security and Intelligence Review Agency Act — N-16.62 6
Remuneration and expenses 6 (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. Office held on full-time basis (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.
National Security and Intelligence Review Agency Act — N-16.62 7
Acts and regulations applicable 7 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 .
National Security and Intelligence Review Agency Act — N-16.62 7.1
Agency procedures 7.1 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.
National Security and Intelligence Review Agency Act — N-16.62 8
Review and investigation 8 (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 . Review of measures (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. Review — ministerial direction (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. Avoiding Complicity in Mistreatment by Foreign Entities Act (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 . Findings and recommendations (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. 2019, c. 13, s. 2 “8” 2019, c. 13, s. 49.2
National Security and Intelligence Review Agency Act — N-16.62 9
Right of access — reviews 9 (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. Protected information (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. For greater certainty (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.
National Security and Intelligence Review Agency Act — N-16.62 10
Right of access — complaints 10 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. 2019, c. 13, s. 2 “10” 2019, c. 13, s. 49
National Security and Intelligence Review Agency Act — N-16.62 11
Documents and explanations 11 (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. Decision — Review Agency (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. Inconsistency or conflict (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.
National Security and Intelligence Review Agency Act — N-16.62 12
Exception 12 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 .
National Security and Intelligence Review Agency Act — N-16.62 13
Cooperation 13 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. 2019, c. 13, s. 2 “13” 2019, c. 13, s. 49
National Security and Intelligence Review Agency Act — N-16.62 14
Provision of information to Review Agency 14 (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). Exception (2) The review body must not provide to the Review Agency information that is referred to in section 12 . 2019, c. 13, s. 2 “14” 2019, c. 13, s. 49(E)
National Security and Intelligence Review Agency Act — N-16.62 15
Civilian Review and Complaints Commission 15 (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 . Exception (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 . 2019, c. 13, s. 2 “15” 2019, c. 13, s. 49
National Security and Intelligence Review Agency Act — N-16.62 15.1
National Security and Intelligence Committee of Parliamentarians 15.1 (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 . Exception (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. 2019, c. 13, s. 49
National Security and Intelligence Review Agency Act — N-16.62 15.1
Coordination with Privacy Commissioner 15.1 (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. Provision of information (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).