An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Dominic LeBlanc  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment establishes the National Security and Intelligence Committee of Parliamentarians and sets out its composition and mandate. In addition, it establishes the Committee’s Secretariat, the role of which is to assist the Committee in fulfilling its mandate. It also makes consequential amendments to certain Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

April 4, 2017 Passed That the Bill be now read a third time and do pass.
April 4, 2017 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, be not now read a third time but be referred back to the Standing Committee on Public Safety and National Security for the purpose of reconsidering Clauses 8, 14, and 16 with a view to assessing whether the investigatory powers and limits defined in these clauses allow for sufficiently robust oversight of ongoing intelligence and national security activities”.
March 20, 2017 Passed That Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 20, 2017 Passed 16 (1) The appropriate Minister for a department may refuse to provide information to which the Committee would, but for this section, otherwise be entitled to have access and that is under the control of that department, but only if he or she is of the opinion that (a) the information constitutes special operational information, as defined in subsection 8(1) of the Security of Information Act; and (b) provision of the information would be injurious to national security. (2) If the appropriate Minister refuses to provide information under subsection (1), he or she must inform the Committee of his or her decision and the reasons for the decision. (3) If the appropriate Minister makes the decision in respect of any of the following information, he or she must provide the decision and reasons to, (a) in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police; (b) in the case of information under the control of the Communications Security Establishment, the Commissioner of the Communications Security Establishment; and (c) in the case of information under the control of the Canadian Security Intelligence Service, the Security Intelligence Review Committee.
March 20, 2017 Passed 14 The Committee is not entitled to have access to any of the following information: (a) a confidence of the Queen's Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act; (c) the identity of a person who was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada, or the government of a province or of any state allied with Canada, or information from which the person’s identity could be inferred; (d) information relating directly to an ongoing investigation carried out by a law enforcement agency that may lead to a prosecution.
March 20, 2017 Passed to sections 14 and 16, the Committee is entitled to have access to ed by litigation privilege or by solicitor-client privilege or the professional
March 20, 2017 Failed That Motion No. 3 be amended by deleting paragraph (a).
March 20, 2017 Passed and up to ten other members, each of whom must be a (2) The Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who
March 20, 2017 Passed That, in relation to Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Oct. 4, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:05 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, let me take a step back and try to position what the bill is all about. I would like to remind the hon. member and all her colleagues that the mandate given to the committee, under clause 8 of the NSICOP, is to review: first, the legislative, regulatory, policy, administrative and financial framework for national security and intelligence; second, any activity carried out by a department that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate minister determines that their view would be injurious to national security; and third, any matter relating to national security or intelligence that a minister of the Crown refers to the committee. This is the focus of the committee, and that is the right focus.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:10 p.m.


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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Speaker, my colleague mentioned that Canada's strongest allies all have some form of civilian oversight for their intelligence networks. Indeed, from a democratic perspective, a Charter of Rights perspective, and on the basis of the rule of law itself, Canadians must be assured that their rights are being respected.

Therefore, does the member believe it is imperative that there be a parliamentary committee created and tasked with ensuring the rights of Canadians are protected in the operations and activities of Canada's security and intelligence entities?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:10 p.m.


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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, after hearing the voices of individuals and experts from coast to coast, I truly believe the creation of a parliamentary oversight committee for the scrutiny of national security and intelligence operations will significantly strengthen the transparency and accountability of our government, while ensuring our national security framework keeps us safe while protecting our rights and freedoms.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:10 p.m.


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Liberal

Borys Wrzesnewskyj Liberal Etobicoke Centre, ON

Mr. Speaker, I am pleased to speak at the third reading of Bill C-22, which will create a committee of parliamentarians to oversee Canada's security bodies.

In Canada, our security apparatus and oversight must be constructed in ways that protect our freedoms and rights. Our Canada, strong and free, is the best country on the planet, and these are mutually reinforcing qualities that make our country. The recent terror attacks in Quebec, Strathroy, and indeed here on Parliament Hill in 2014, remind us that no country is immune to actions by those who would seek to challenge that freedom and security. While our strong global relationships, solid crisis response plans, and interconnected law enforcement networks are among the world's finest and meet rapidly changing global threats, we must guarantee independent parliamentary oversight to stand on guard of Canadians' individual rights and freedoms.

Canada is behind our international allies in this regard, and has been for far too long. Bill C-22 will help us catch up, better inform the public on crucial national security issues, and eliminate a weak link in the national security chain of accountability. In fact, the version of this bill introduced last June would already have put us far ahead of many other countries in terms of parliamentary oversight of national security. With the amendments adopted by the House earlier this week, Canada is poised to become a world leader in the area of national security and accountability.

It is worth remembering the history that accompanies the inception of this new committee of parliamentarians and the spirit of debate that has brought us to this point in its creation. We have certainly come a long way. Thirty years ago, the McDonald commission proposed an independent security review committee, in part as a result of public demands to make sure that mechanisms were in place to enforce the enforcers. There was widespread and growing concern that law enforcement operations carried out in secret but left unchecked could result in an above-the-law mentality and illegal activities by our paramilitary policing and security agencies. However, neither did the public want any parliamentary or government body with powers that were too broadly defined.

Fast-forwarding to 2005, only a few years after the tragedy of 9/11, an uncertain and changing environment meant growing demands for increased protection and stronger security measures. Prime Minister Paul Martin's government introduced legislation to create a parliamentary committee on national security and intelligence, reflecting renewed public demand for stronger oversight. That bill, as we know, died on the Order Paper.

In the last decade, the public and parliamentary debate in this area has intensified, and the issue of how to protect our security and our rights has become a major point of interest and now a driver of public policy. In recent years, we have discussed and debated stronger accountability for national security and intelligence agencies, following internal judicial inquiries and events surrounding the Maher Arar case.

Various bills have come and gone, including one introduced by the hon. member for Vancouver Quadra, which was rejected by the Conservative government of the day mere months before Bill C-51 was introduced.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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The Assistant Deputy Speaker Anthony Rota

I would like to thank the hon. member. Unfortunately, I will have to cut it short there.

It being 1:15 p.m., pursuant to order made Monday, March 20, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the third reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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Some hon. members

Agreed.

No.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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The Assistant Deputy Speaker Anthony Rota

All those in favour of the amendment will please say yea.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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Some hon. members

Yea.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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The Assistant Deputy Speaker Anthony Rota

All those opposed will please say nay.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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Some hon. members

Nay.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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The Assistant Deputy Speaker Anthony Rota

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 45, the recorded division stands deferred until Monday, April 3, at the ordinary hour of daily adjournment.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect if you were to canvass the House, you would find consent to see the clock at 1:30 p.m. so that we can move on to private members' business.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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The Assistant Deputy Speaker Anthony Rota

Do we have the unanimous consent of the House to see the clock at 1:30 p.m.?

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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Some hon. members

Agreed.

National Security and Intelligence Committee of Parliamentarians ActGovernment Orders

March 24th, 2017 / 1:15 p.m.


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An hon. member

No.