Annex: Order in Council - 1996

P.C. 1996-899
June 19, 1996

His Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to Part II of the Inquiries Act, hereby authorizes the Minister of National Defence ("Minister")

(a) to appoint the Honourable Claude Bisson of Montreal, Quebec, for a period of three years, as a commissioner ("Commissioner") to review the activities of the Communications Security Establishment ("CSE") for the purpose of determining whether those activities are in compliance with the law;

(b) to direct the Commissioner to submit to the Minister, once each year and in both official languages, a report on the Commissioner's activities and findings that are not of a classified nature, which report the Minister will table in Parliament;

(c) to authorize the Commissioner, at any time the Commissioner considers it advisable, to submit a report containing classified information to the Minister;

(d) to direct the Commissioner to advise the Minister and the Attorney General of Canada of any activity of CSE that the Commissioner believes may not be in compliance with the law;

(e) to direct the Commissioner not to review issues for which other avenues of redress are established by statute;

(f) to require that the Commissioner and all persons engaged on his behalf take an oath of secrecy and comply with all applicable government security requirements;

(g) to direct the Commissioner, before submission of any report to the Minister, to consult with the Deputy Clerk, Security and Intelligence, and Counsel at the Privy Council Office for the purpose of ensuring compliance with all security requirements and preservation of the secrecy of sources of security and intelligence information and of the security of information provided to Canada in confidence by other nations;

(h) to authorize the Commissioner to engage the services of such staff and technical advisors as he considers necessary to assist him in his review, at such rates of remuneration and reimbursement as may be approved by the Treasury Board;

(i) to fix the remuneration of the Commissioner at the per diem rate set out in the schedule hereto, which rate is within the range of $400 to $500; and

(j) to authorize that the Commissioner be reimbursed for his actual transportation expenses and a non-accountable living allowance of up to $175 per diem while in travel status away from his normal place of residence in connection with the conduct of this review.