Bill C-17

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	Sharing of Information
Regulations	150.1 (1) The regulations may provide for any matter relating to
	(a) the collection, retention, disposal and disclosure of information for the purposes of this Act; and
	(b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act.
Conditions	(2) Regulations made under subsection (1) may include conditions under which the collection, retention, disposal and disclosure may be made.
	PART 12
1994, c. 40	MARINE TRANSPORTATION SECURITY ACT
	*73. The Marine Transportation Security Act* is amended by adding the following after section 11:**
	AGREEMENTS, CONTRIBUTIONS AND GRANTS
Agreements, contributions and grants	11.1 (1) The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, enter into agreements respecting security of marine transportation or make contributions or grants in respect of the cost or expense of actions that in the opinion of the Minister enhance security on vessels or at marine facilities.
Deeming	(2) Subsection (1) is deemed, for the purposes of paragraph 25(b) of the Canada Marine Act, to be a provision of an Act of general application providing for grants.
Sunset provision	(3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force.
	PART 13
R.S., c. N-5	NATIONAL DEFENCE ACT
	*74. The definitions ``emergency'' and ``Minister'' in subsection 2(1) of the National Defence Act* are replaced by the following:**
``emergency'' « état d'urgence »	``emergency'' means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended;
``Minister'' « ministre »	``Minister'', except in Part VII, means the Minister of National Defence;
	75. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:
Special force	16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of
R.S., c. 31 (1st Supp.), s. 60 (Sch. I, item 14)	76. Subsection 31(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (a) and by replacing paragraph (b) with the following:
	(b) in consequence of any action undertaken by Canada under the United Nations Charter; or
	(c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party.
	77. The Act is amended by adding the following after section 165.27:
	Reserve Military Judges Panel
Panel established	165.28 There is established a panel, called the Reserve Military Judges Panel (in this section and sections 165.29 to 165.32 referred to as the ``Panel''), to which the Governor in Council may name officers of the reserve force who have previously performed
	(a) the duties of a military judge under this Act; or
	(b) before September 1, 1999, the duties of a president of a Standing Court Martial, a presiding judge of a Special General Court Martial or a judge advocate of a General Court Martial or Disciplinary Court Martial.
Removal from Panel	165.29 (1) The Governor in Council may remove from the Panel for cause the name of any officer on the recommendation of an Inquiry Committee referred to in section 165.21.
Automatic removal from Panel	(2) The name of an officer shall be removed from the Panel on the officer's
	(a) reaching the retirement age prescribed by regulations made by the Governor in Council; or
	(b) voluntarily ceasing to be an officer of the reserve force.
Voluntary removal from Panel	(3) An officer may give notice in writing to the Chief Military Judge that the officer wishes their name to be removed from the Panel. The removal takes effect either on the day the notice is received by the Chief Military Judge or on a later day if one is specified in the notice.
Restriction on activities	165.3 An officer named to the Panel shall not engage in any business or professional activity that is incompatible with the duties that he or she may be required to perform under this Act.
Chief Military Judge	165.31 (1) The Chief Military Judge may select any officer named to the Panel to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge.
Effect of selection	(2) An officer who is performing duties pursuant to subsection (1) has, while performing those duties, all the powers and duties of a military judge.
Training	(3) The Chief Military Judge may request any officer named to the Panel to undergo any training that may be specified by the Chief Military Judge.
Remuneration	165.32 An officer named to the Panel who is performing duties or undergoing training under section 165.31 shall be paid remuneration at the daily rate of 1/251 of the annual rate of pay of a military judge other than the Chief Military Judge.
	78. The Act is amended by adding the following after section 273.7:
	PART V.2
	AUTHORIZATIONS
	Computer Systems and Networks
Ministerial authorization	273.8 (1) The Minister may authorize in writing, either individually or by class, any public servant employed in the Department, or any person acting on behalf of the Department or the Canadian Forces who is performing duties relating to the operation, maintenance or protection of computer systems or networks of the Department or the Canadian Forces, to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.
Authorization to Chief of Defence Staff	(2) The Minister may authorize in writing the Chief of the Defence Staff to direct, either individually or by class, any officer or non-commissioned member to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any computer system or network of the Department or the Canadian Forces, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.
Conditions for authorization	(3) The Minister may issue an authorization under subsection (1) or (2) only if satisfied that
	(a) the interception is necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain;
	(b) the information to be obtained from the interception could not reasonably be obtained by other means;
	(c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;
	(d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain, will be used or retained; and
	(e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.
Conditions in authorization	(4) An authorization issued under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information contained in the private communications.
Effective period of authorization	(5) An authorization issued under this section is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year.
Variance or cancellation of authorization	(6) An authorization issued under this section may be varied or cancelled in writing at any time.
Authorization s not statutory instruments	(7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
Protection of persons	(8) Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization issued under this section, or any person who assists such a person, is justified in taking any reasonable action necessary to give effect to the authorization.
Crown Liability and Proceedings Act	(9) No action lies under section 18 of the Crown Liability and Proceedings Act in respect of
	(a) the use or disclosure of any communication intercepted under the authority of an authorization issued under this section, if the use or disclosure of the communication is reasonably necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain; or
	(b) the disclosure of the existence of such a communication.
Exclusion of Part VI of Criminal Code	(10) Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this section or in relation to a communication so intercepted.
Duties of Commissioner	273.9 (1) The Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) has, in relation to the activities referred to in section 273.8, the following duties:
	(a) to review activities carried out under an authorization issued under that section to ensure that they are in compliance with the law, and to report annually to the Minister on the review;
	(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and
	(c) to inform the Minister and, if the Commissioner considers it appropriate, the Attorney General of Canada, of any activity referred to in paragraph (a) that the Commissioner believes may not be in compliance with the law.
Certain provisions apply	(2) For the purposes of subsection (1), subsections 273.63(3) to (6) apply to the Commissioner.
	79. Section 278 of the Act is replaced by the following:
Call out of Canadian Forces	278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.
1998, c. 35, s. 89	80. The headings before section 286 of the Act are replaced by the following:
	PART VII
	REINSTATEMENT IN CIVIL EMPLOYMENT
	Interpretation
Definitions	285.01 In this Part, ``employer'' and ``Minister'' have the meaning prescribed in regulations made by the Governor in Council.