Communications Security Establishment Act (S.C. 2019, c. 13, s. 76)
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Act current to 2024-11-11 and last amended on 2019-08-01. Previous Versions
RELATED PROVISIONS
— 2019, c. 13, s. 77
Definitions
77 The following definitions apply in sections 78 to 82.
- former department
former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère)
- new department
new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère)
— 2019, c. 13, s. 78
Chief
78 (1) 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
(2) 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.
— 2019, c. 13, s. 79
Transfer of appropriations
79 (1) 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
(2) 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.
— 2019, c. 13, s. 80
Ministerial authorizations
80 (1) 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
(2) The Minister may repeal an authorization referred to in subsection (1) at any time.
— 2019, c. 13, s. 81
Arrangements
81 Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms.
— 2019, c. 13, s. 82, as amended by 2024, c. 16, s. 59
References
82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department:
(a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”;
(b) Schedules I.1, V and VI to the Financial Administration Act;
(c) the schedule to the Privacy Act under the heading “Other Government Institutions”;
(d) Schedule 1 to the Foreign Interference and Security of Information Act;
(e) Schedule 3 to the Security of Canada Information Disclosure Act;
(f) the National Security and Intelligence Review Agency Act; and
(g) the Intelligence Commissioner Act.
Other references
(1.1) 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
(2) 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.
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