National Security Act, 2017

An Act respecting national security matters Preamble Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians; Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms; Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms; Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same; Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities; Whereas those institutions must always be vigilant in order to uphold public safety; Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians; Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015; And whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the National Security Act, 2017. [Amendments] Definitions The following definitions apply in sections 4 to 17. 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 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 means the National Security and Intelligence Review Agency. (nouvel office) Chairman of former Committee 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. Members of former Committee 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. Chair of new Agency 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. Employment continued — staff 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. Managerial or confidential position For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. Powers, duties and functions 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. Appropriations 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. Rights and obligations 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. Contracts 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. Information — former Committee 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. Complaints — former Committee 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. Reports and matters 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. First report 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. First report — Communications Security Establishment 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. Commencement of proceedings 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. Pending proceedings 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. No compensation 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. Information — former Commissioner 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. Complaints — former Commissioner 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. 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. 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. R.S., c. A-1 R.S. c. C-5 R.S., c. C-23 R.S., c. C-29 R.S., c. F-11 R.S., c. H-6 R.S., c. O-5; 2001, c. 41, s. 25 R.S., c. P-21 R.S., c. P-36 R.S., c. R-10 1991, c. 30 2000, c. 17; 2001, c. 41, s. 48 The following definitions apply in sections 52 to 59. new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act. (nouveau commissaire) Former Commissioner The person occupying the position of the former Commissioner immediately before the day on which this section comes into force is, on that day and for the remainder of the term for which he or she was appointed to that position, to become the new Commissioner as if he or she had been appointed under subsection 4(1) of the Intelligence Commissioner Act. Status continued Nothing in this Act is to be construed as affecting the status of a person who, immediately before the day on which this section comes into force, occupied a position with the office of the former Commissioner, except that the person is to occupy their position in the office of the new Commissioner on that day. For greater certainty A person referred to in section 53 who was authorized, immediately before the day on which that section comes into force, by the former Commissioner to exercise certain powers or perform certain duties and functions retains the authority to exercise those powers and perform those duties and functions in the office of the new Commissioner. Any money that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray any expenditure of the office of the former Commissioner and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the office of the new Commissioner. Rights, property and obligations Subject to section 15, all rights and property of the office of the former Commissioner and of Her Majesty in right of Canada that are under the administration and control of the office of the former Commissioner and all obligations of the office of the former Commissioner are transferred to the office of the new Commissioner. A contract respecting the provision of materiel or services to the office of the former Commissioner that was entered into by that Commissioner is deemed to have been entered into by the new Commissioner. References Unless the context otherwise requires, every reference to the former Commissioner in a contract referred to in subsection (1) is to be read as a reference to the new Commissioner. Any action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred by the former Commissioner, other than one relating to a complaint or a review before him or her, may be brought against the new Commissioner in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Commissioner. Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party, other than one relating to a complaint or a review before him or her, and that is pending immediately before the day on which this section comes into force may be continued by or against the new Commissioner in the same manner and to the same extent as it could have been continued by or against the former Commissioner. Despite the provisions of any contract, agreement or order, the person appointed to hold office as the former Commissioner has no 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 of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of section 68. R.S., c. C-5 R.S., c. N-5 R.S., c. O-5 2015, c. 20, s. 2 The following definitions apply in sections 78 to 82. former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère) new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère) Chief The Chief of the Communications Security Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed. Employees Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76, occupied a position in the former department, except that the employee, on the coming into force of that section, occupies that position in the new department. Transfer of appropriations Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department. Transfer of powers, duties and functions If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department. Ministerial authorizations An authorization that was issued under subsection 273.65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal. Repeal The Minister may repeal an authorization referred to in subsection (1) at any time. Arrangements Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms. A reference to the former department in any of the following is deemed to be a reference to the new department: Schedule I to the Access to Information Act under the heading “Other Government Institutions”; Schedules I.1, V and VI to the Financial Administration Act; the schedule to the Privacy Act under the heading “Other Government Institutions”; Schedule 1 to the Foreign Interference and Security of Information Act; Schedule 3 to the Security of Canada Information Disclosure Act; the National Security and Intelligence Review Agency Act; and the Intelligence Commissioner Act. Other references Unless the context requires otherwise, every reference to the former department in any Act of Parliament, other than an Act referred to in subsection (1), or in any order, regulation or other instrument made under an Act of Parliament is deemed to be a reference to the new department. Deputy head The designation of a person as deputy head of the former department in any order of the Governor in Council made under section 55 of the National Security and Intelligence Review Agency Act is deemed to be a designation of the Chief of the new department as deputy head of that department. The following definitions apply in section 111. commencement day means the day on which section 96 comes into force. (date de référence) dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données) Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service) Datasets collected by Service If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day. R.S., c. E-15 R.S., c. F-15 R.S., c. 1 (2nd Supp.) R.S., c. 1 (5th Supp.) 1995, c. 25 2002, c. 22 2015, c. 20, s. 11 Continued application Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day. R.S., c. C-46 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act. Proceedings continued Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day. No report for year before coming into force No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection. Application If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3. 1992, c. 20 2002, c. 1 Duty to undertake review During the fourth year after this section comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose. Subjects of review The comprehensive review referred to in subsection (1) must include an assessment of the effect of this Act on the operations of the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Communications Security Establishment that relate to national security, information sharing, and the interaction of those organizations with the National Security and Intelligence Review Agency, the Intelligence Commissioner and the National Security and Intelligence Committee of Parliamentarians. Report The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends. Bill C-22 Subsections (4) and (5) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (in this section referred to as the “other Act”), receives royal assent. Reviews by same committees If section 34 of the other Act comes into force during the period that begins on the day on which this section comes into force and ends immediately before the first anniversary of that day, then the review required by subsection (1) is, despite that subsection (1), to be undertaken five years after the day on which section 34 of the other Act comes into force, and the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be. If section 34 of the other Act has come into force during the year immediately preceding the day on which this section comes into force, then the review required by section 34 of the other Act is, despite that section, to be undertaken during the sixth year after the day on which subsection (1) comes into force; and Order in council Parts 1 and 2, other than sections 48, 49, 74 and 75, come into force on a day to be fixed by order of the Governor in Council. [Note: Parts 1 and 2, other than sections 48, 49, 74 and 75, in force July 12, 2019, see SI/2019-67.] Part 1.1, other than section 49.2, comes into force on a day to be fixed by order of the Governor in Council. [Note: Part 1.1, other than section 49.2, in force July 13, 2019, see SI/2019-71.] Part 3, other than sections 83, 90 and 91, come into force on a day to be fixed by order of the Governor in Council, but that day must be later than the day fixed under section 169. [Note: Part 3, other than sections 83, 90 and 91, in force August 1, 2019, see SI/2019-70.] Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 in force July 13, 2019, see SI/2019-71.] Section 101 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day fixed under section 169. [Note: Section 101 in force July 13, 2019, see SI/2019-71.] Subsections 119(2) and 120(2) come into force on the day fixed under section 169. [Note: Subsections 119(2) and 120(2) in force July 12, 2019, see SI/2019-67.] Sections 127, 130, 132, 133 and 136, subsections 137(1), (3) and (6) and section 138 come into force on a day to be fixed by order of the Governor in Council. Section 128, subsection 129(1), sections 131, 134 and 135, subsections 137(2), (4), (5) and (7) and section 139 come into force on a day to be fixed by order of the Governor in Council. August 1, 2015 Subsection 129(2) is deemed to have come into force on August 1, 2015. [Note: Sections 127, 130, 132, 133 and 136, subsections 137(1), (3) and (6) and section 138 in force November 4, 2020, see SI/2020-71; section 128, subsection 129(1), sections 131, 134 and 135, subsections 137(2), (4), (5) and (7) and section 139 in force July 13, 2019, see SI/2019-71.]