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SECU Committee Report

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Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts
In accordance with its Order of Reference of Tuesday, October 4, 2016, your Committee has considered Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts, and agreed on Tuesday, December 6, 2016, to report it with the following amendments:

Clause 2

That Bill C-22, in Clause 2, be amended by replacing line 18 on page 1 with the following:

“Governor in Council made under that Act;

(c.1) 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”

That Bill C-22, in Clause 2, be amended by replacing line 6 on page 2 with the following:

“Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (min-”

Clause 5

That Bill C-22, in Clause 5, be amended by adding after line 9 on page 3 the following:

“(1.1) After a general election, the members of the Committee are to be appointed within 60 days after the day on which Parliament is summoned to sit.”

That Bill C-22, in Clause 5, be amended by replacing lines 10 to 12 on page 3 with the following:

“(2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act and the leader of every caucus and of every recognized group in the Senate.”

Clause 8

That Bill C-22, in Clause 8, be amended

(a) by replacing lines 11 and 12 on page 4 with the following:

“lates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would”

(b) by adding after line 16 on page 4 the following:

“(2) If the appropriate Minister determines that a review would be injurious to national security, he or she must inform the Committee of his or her determination and the reasons for it.

(3) If the appropriate Minister determines that the review would no longer be injurious to national security or if the appropriate Minister is informed that the activity is no longer ongoing, he or she must inform the Committee that the review may be conducted.”

Clause 13

That Bill C-22, in Clause 13, be amended by replacing line 21 on page 5 with the following:

“to sections 14 and 16, the Committee is entitled to send for persons, papers and records, and to have”

Clause 14

That Bill C-22, in Clause 14, be amended by replacing line 33 on page 5 to line 29 on page 6 with the following:

“14 The Committee is not entitled to have access to a confidence of the Queen's Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act.”

Clause 15

That Bill C-22, in Clause 15, be amended by replacing line 35 on page 6 with the following:

“(2) If the Committee requests information that is in respect of an identifiable person or entity, that has been”

That Bill C-22, in Clause 15, be amended by adding after line 42 on page 6 the following:

“(2.1) If the requested information is under the control of a department that is a parent Crown corporation, the department must, at the request of the appropriate Minister, provide the information to that Minister.

(2.2) Compliance by a department with subsection (2.1) is deemed to be in the best interests of the department.”

Clause 16

Clause 16 is deleted.

Clause 19

That Bill C-22, in Clause 19, be amended by replacing lines 8 and 9 on page 8 with the following:

“only in the case of a tie.”

Clause 21

That Bill C-22, in Clause 21, be amended by replacing lines 17 to 19 on page 8 with the following:

“ing the preceding year. The report must contain

(a) the Committee’s findings;

(b) its recommendations, if any;

(c) any summary referred to in subsection (3); and

(d) the number of times in the preceding year that an appropriate Minister

(i) determined that a review referred to in paragraph 8(1)(b) would be injurious to national security, and

(ii) decided to refuse to provide information under subsection 16(1).”

That Bill C-22, in Clause 21, be amended by adding after line 11 on page 9 the following:

“(5.1) If the Committee is directed by the Prime Minister to submit a revised version, the revised version must be clearly identified as a revised version and must indicate the extent of, and the reasons for, the revisions.”

That Bill C-22, in Clause 21, be amended by replacing line 14 on page 9 with the following:

“of the first 30 days on which that House is sitting after a”

That Bill C-22, in Clause 21, be amended by adding after line 17 on page 9 the following:

“(7) After it is tabled, the annual or special report stands referred to

(a) the Standing Committee on National Security and Defence of the Senate or, if there is not a Standing Committee on National Security and Defence, the appropriate committee of the Senate, as determined by its rules; and

(b) the Standing Committee on Public Safety and National Security of the House of Commons or, if there is not a Standing Committee on Public Safety and National Security, the appropriate committee of the House of Commons, as determined by its rules.”

Clause 31

That Bill C-22, in Clause 31, be amended by replacing line 21 on page 11 with the following:

“review referred to in paragraph 8(1)(b) would be injurious”

New Clause 31.1

That Bill C-22 be amended by adding after line 28 on page 11 the following new clause:

“31.1 The Committee must inform the appropriate Minister and the Attorney General of Canada of any activity that is carried out by a department and is related to national security or intelligence and that, in the Committee's opinion, may not be in compliance with the law.”

Clause 47

That Bill C-22, in Clause 47, be amended by replacing lines 15 to 20 on page 16 with the following:

“formation under the control of the Centre that would assist the Minister in exercising his or her powers or performing his or her duties or functions under the National Security and Intelligence Committee of Parliamentarians Act.”

Your Committee has ordered a reprint of Bill C-22, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the relevant Minutes of Proceedings (Meetings Nos. 40 to 46 and 48) is tabled.