N-16.56 National Security Act, 2017

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.

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.

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.

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.

For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

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.

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.

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.

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.

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.

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.

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.

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’s status includes whether or not they occupy a managerial or confidential position.

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.

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.

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.

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.

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.

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.

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.

The Minister may repeal an authorization referred to in subsection (1) at any time.

A reference to the former department in any of the following is deemed to be a reference to the new department:

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.

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.

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.

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.

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.

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.

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

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

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.]

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.

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.]