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  1. An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act - S.C. 2010, c. 23 (Section 58)
    Marginal note:Disclosure by Commission

    • 58 (1) The Commission may disclose information obtained by it in the performance or exercise of its duties or powers related to any of sections 6 to 9 of this Act and, in respect of conduct carried out by electronic means, to section 41 of the Telecommunications Act,

      • (a) to the Privacy Commissioner, if the Commission believes that the information relates to the performance or exercise of the Privacy Commissioner’s duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act; and

      • (b) to the Commissioner of Competition, if the Commission believes that the information relates to the performance or exercise of the Commissioner of Competition’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act.

    • Marginal note:Disclosure by Commissioner of Competition

      (2) Despite section 29 of the Competition Act, the Commissioner of Competition may disclose information obtained by him or her in the performance or exercise of his or her duties or powers related to section 52.01 or 74.011 of that Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act,

      • (a) to the Privacy Commissioner, if the Commissioner of Competition believes that the information relates to the performance or exercise of the Privacy Commissioner’s duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act in respect of a collection or use described in subsection 7.1(2) or (3) of that Act; and

      • (b) to the Commission, if the Commissioner of Competition believes that the information relates to the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.

    • Marginal note:Disclosure by Privacy Commissioner

      (3) The Privacy Commissioner may disclose information obtained by him or her in the performance or exercise of his or her duties or powers under Part 1 of the Personal Information Protection and Electronic Documents Act if the information relates to a collection or use described in subsection 7.1(2) or (3) of that Act or to an act alleged in a complaint in respect of which the Privacy Commissioner decides, under subsection 12(2) or 12.2(2) of that Act, to not conduct an investigation or to discontinue an investigation,

      • (a) to the Commissioner of Competition, if the Privacy Commissioner believes that the information relates to the performance or exercise of the Commissioner of Competition’s duties or powers related to section 52.01 or 74.011 of the Competition Act or, in respect of conduct carried out by electronic means, to section 52, 52.1, 53, 55, 55.1, 74.01, 74.02, 74.04, 74.05 or 74.06 of that Act; and

      • (b) to the Commission, if the Privacy Commissioner believes that the information relates to the administration of any of sections 6 to 9 of this Act or, in respect of conduct carried out by electronic means, of section 41 of the Telecommunications Act.


  2. National Security Act, 2017 - S.C. 2019, c. 13 (Section 76)
    Marginal note:Enactment of Act

    76 The Communications Security Establishment Act is enacted as follows:

    [...]

    [...]

    [...]

    Marginal note:Short title

    1 This Act may be cited as the Communications Security Establishment Act.

    [...]

    Marginal note:Definitions

    2 The following definitions apply in this Act.

    Canadian

    Canadian  means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien)

    Commissioner

    Commissioner  means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act. (commissaire)

    federal institution

    federal institution  includes any of the following institutions of Parliament or the Government of Canada:

    • [...]

    • (f) any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council;

    • (g) a department as defined in section 2 of the Financial Administration Act;

    • (h) a Crown corporation established by or under an Act of Parliament; and

    • (i) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. (institutions fédérales)

    publicly available information

    publicly available information  means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy. (information accessible au public)

    Review Agency

    Review Agency  means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act. (Office de surveillance)

    [...]

    Marginal note:Principle

    3 It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.

    [...]

    Marginal note:Minister

    4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

    [...]

    Marginal note:Head office

    • 7 (1) The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act.

    [...]

    Marginal note:Appointment

    • [...]

    • Marginal note:Compensation

      (4) The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

    • Marginal note:Absence, incapacity or vacancy

      (5) If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.

    Marginal note:Chief’s powers, duties and functions

    • [...]

    • Marginal note:Delegation by Chief

      (3) The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection.

    [...]

    Marginal note:Directions by Minister

    • [...]

    • Marginal note:Statutory Instruments Act

      (2) Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.

    [...]

    Marginal note:Personnel

    • [...]

    • Marginal note:Right of employer

      (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).

    [...]

    Marginal note:Designation

    [...]

    Marginal note:No activities — Canadians and persons in Canada

    • [...]

    • Marginal note:Contravention of other Acts — foreign intelligence

      (3) Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 26(1) or 40(1).

    • Marginal note:Contravention of other Acts — cybersecurity and information assurance

      (4) Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 27(1) or (2) or 40(1).

    Marginal note:Establishment’s activities

    • [...]

    • Marginal note:Investment Canada Act

      (2) Despite subsection 22(1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.1 of that Act.

    Marginal note:Measures to protect privacy

    24 The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of

    [...]

    Marginal note:Technical and operational assistance activities

    • [...]

    • Marginal note:Exemptions, protections and immunities

      (2) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if those persons were carrying out the activity.

    [...]

    Marginal note:Foreign Intelligence Authorizations

    • 26 (1) The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate.

    Marginal note:Cybersecurity Authorizations — federal infrastructures

    • 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

    • Marginal note:Cybersecurity Authorizations — non-federal infrastructures

      (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

    Marginal note:Approval of Commissioner

    • 28 (1) An authorization issued under subsection 26(1) or 27(1) or (2) is valid when — if it is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization.

    [...]

    Marginal note:Defensive Cyber Operations Authorizations

    • 29 (1) The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate.

    Marginal note:Active Cyber Operations Authorizations

    • 30 (1) The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate.

    [...]

    35 An authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) must specify

    • [...]

    • (b) the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament;

    • [...]

    • (e) in the case of an authorization issued under subsection 26(1) or 27(1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them;

    Marginal note:Period of validity of authorizations

    • [...]

    • Marginal note:No review by Commissioner

      (3) The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act.

    [...]

    Marginal note:Amendment

    • [...]

    • Marginal note:Amendment takes effect on approval — foreign intelligence and cybersecurity

      (3) An amended authorization issued under subsection 26(1) or 27(1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment.

    [...]

    Marginal note:Emergency Authorizations

    • [...]

    • Marginal note:No review by Commissioner

      (2) The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act.

    [...]

    Marginal note:Authorizations provided to Commissioner

    • 48 (1) The Minister must provide a copy of each authorization issued under subsection 26(1) or 27(1) or (2), or amended under subsection 39(1), to the Commissioner after issuing it or amending it, as the case may be, for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

    • Marginal note:Notice of authorization or amendment

      (2) The copy of the authorization constitutes notice of the authorization or amendment for the purposes of the calculation of the time limit referred to in paragraph 20(3)(b) of that Act.

    Marginal note:No civil or criminal liability

    49 No person who acts in accordance with an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.

    [...]

    Marginal note:Crown Liability and Proceedings Act

    51 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of

    • (a) the use or disclosure under this Act of any communication intercepted under the authority of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1); or

    • (b) the disclosure under this Act of the existence of such a communication.

    [...]

    Marginal note:Statutory Instruments Act

    53 Authorizations issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) and orders made under section 45 are not statutory instruments within the meaning of the Statutory Instruments Act.

    [...]

    Marginal note:Prohibition on disclosure

    • [...]

    • Marginal note:Application of other Acts

      (4) Sections 38 to 38.16 of the Canada Evidence Act, or sections 83 and 87 of the Immigration and Refugee Protection Act, as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications.

    • [...]

    • Marginal note:Definition of judge

      (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under any Act of Parliament for the protection of information.

    Marginal note:Assistance or disclosure of information — no presumptions

    56 The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption

    [...]

    Marginal note:Access to Information Act

    57 For the purposes of the Access to Information Act, if any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.

    Marginal note:Privacy Act

    58 For the purposes of the Privacy Act, if any personal information, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control.

    [...]

    Marginal note:Regulations

    60 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations

    • [...]

    • (b) respecting the measures referred to in section 24 to protect the privacy of Canadians and of persons in Canada; and


  3. National Security Act, 2017 - S.C. 2019, c. 13 (Section 76)

    [...]

    Marginal note:Enactment of Act

    76 The Communications Security Establishment Act is enacted as follows:

    [...]

    [...]

    [...]

    Marginal note:Short title

    1 This Act may be cited as the Communications Security Establishment Act.

    [...]

    Marginal note:Definitions

    2 The following definitions apply in this Act.

    Canadian

    Canadian  means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien)

    Commissioner

    Commissioner  means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act. (commissaire)

    federal institution

    federal institution  includes any of the following institutions of Parliament or the Government of Canada:

    • [...]

    • (f) any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council;

    • (g) a department as defined in section 2 of the Financial Administration Act;

    • (h) a Crown corporation established by or under an Act of Parliament; and

    • (i) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. (institutions fédérales)

    publicly available information

    publicly available information  means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy. (information accessible au public)

    Review Agency

    Review Agency  means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act. (Office de surveillance)

    [...]

    Marginal note:Principle

    3 It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.

    [...]

    Marginal note:Minister

    4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

    [...]

    Marginal note:Head office

    • 7 (1) The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act.

    [...]

    Marginal note:Appointment

    • [...]

    • Marginal note:Compensation

      (4) The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

    • Marginal note:Absence, incapacity or vacancy

      (5) If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.

    Marginal note:Chief’s powers, duties and functions

    • [...]

    • Marginal note:Delegation by Chief

      (3) The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection.

    [...]

    Marginal note:Directions by Minister

    • [...]

    • Marginal note:Statutory Instruments Act

      (2) Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.

    [...]

    Marginal note:Personnel

    • [...]

    • Marginal note:Right of employer

      (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).

    [...]

    Marginal note:Designation

    [...]

    Marginal note:No activities — Canadians and persons in Canada

    • [...]

    • Marginal note:Contravention of other Acts — foreign intelligence

      (3) Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 26(1) or 40(1).

    • Marginal note:Contravention of other Acts — cybersecurity and information assurance

      (4) Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 27(1) or (2) or 40(1).

    Marginal note:Establishment’s activities

    • [...]

    • Marginal note:Investment Canada Act

      (2) Despite subsection 22(1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.1 of that Act.

    Marginal note:Measures to protect privacy

    24 The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of

    [...]

    Marginal note:Technical and operational assistance activities

    • [...]

    • Marginal note:Exemptions, protections and immunities

      (2) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if those persons were carrying out the activity.

    [...]

    Marginal note:Foreign Intelligence Authorizations

    • 26 (1) The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate.

    Marginal note:Cybersecurity Authorizations — federal infrastructures

    • 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

    • Marginal note:Cybersecurity Authorizations — non-federal infrastructures

      (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

    Marginal note:Approval of Commissioner

    • 28 (1) An authorization issued under subsection 26(1) or 27(1) or (2) is valid when — if it is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization.

    [...]

    Marginal note:Defensive Cyber Operations Authorizations

    • 29 (1) The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate.

    Marginal note:Active Cyber Operations Authorizations

    • 30 (1) The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate.

    [...]

    35 An authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) must specify

    • [...]

    • (b) the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament;

    • [...]

    • (e) in the case of an authorization issued under subsection 26(1) or 27(1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them;

    Marginal note:Period of validity of authorizations

    • [...]

    • Marginal note:No review by Commissioner

      (3) The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act.

    [...]

    Marginal note:Amendment

    • [...]

    • Marginal note:Amendment takes effect on approval — foreign intelligence and cybersecurity

      (3) An amended authorization issued under subsection 26(1) or 27(1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment.

    [...]

    Marginal note:Emergency Authorizations

    • [...]

    • Marginal note:No review by Commissioner

      (2) The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act.

    [...]

    Marginal note:Authorizations provided to Commissioner

    • 48 (1) The Minister must provide a copy of each authorization issued under subsection 26(1) or 27(1) or (2), or amended under subsection 39(1), to the Commissioner after issuing it or amending it, as the case may be, for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

    • Marginal note:Notice of authorization or amendment

      (2) The copy of the authorization constitutes notice of the authorization or amendment for the purposes of the calculation of the time limit referred to in paragraph 20(3)(b) of that Act.

    Marginal note:No civil or criminal liability

    49 No person who acts in accordance with an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.

    [...]

    Marginal note:Crown Liability and Proceedings Act

    51 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of

    • (a) the use or disclosure under this Act of any communication intercepted under the authority of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1); or

    • (b) the disclosure under this Act of the existence of such a communication.

    [...]

    Marginal note:Statutory Instruments Act

    53 Authorizations issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) and orders made under section 45 are not statutory instruments within the meaning of the Statutory Instruments Act.

    [...]

    Marginal note:Prohibition on disclosure

    • [...]

    • Marginal note:Application of other Acts

      (4) Sections 38 to 38.16 of the Canada Evidence Act, or sections 83 and 87 of the Immigration and Refugee Protection Act, as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications.

    • [...]

    • Marginal note:Definition of judge

      (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under any Act of Parliament for the protection of information.

    Marginal note:Assistance or disclosure of information — no presumptions

    56 The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption

    [...]

    Marginal note:Access to Information Act

    57 For the purposes of the Access to Information Act, if any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.

    Marginal note:Privacy Act

    58 For the purposes of the Privacy Act, if any personal information, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control.

    [...]

    Marginal note:Regulations

    60 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations

    • [...]

    • (b) respecting the measures referred to in section 24 to protect the privacy of Canadians and of persons in Canada; and


  4. Privacy Act - R.S.C., 1985, c. P-21 (Section 34)
    Marginal note:Powers of Privacy Commissioner in carrying out investigations

    • 34 (1) The Privacy Commissioner has, in relation to the carrying out of the investigation of any complaint under this Act, power

      • (a) to summon and enforce the appearance of persons before the Privacy Commissioner and compel them to give oral or written evidence on oath and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of the complaint, in the same manner and to the same extent as a superior court of record;

      • [...]

      • (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Privacy Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law;

      • [...]

      • (e) to converse in private with any person in any premises entered pursuant to paragraph (d) and otherwise carry out therein such inquiries within the authority of the Privacy Commissioner under this Act as the Commissioner sees fit; and

    • Marginal note:Access to information

      (2) Despite any other Act of Parliament, any privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries and litigation privilege, and subject to subsection (2.1), the Privacy Commissioner may, during the investigation of any complaint under this Act, examine any information recorded in any form under the control of a government institution, other than a confidence of the Queen’s Privy Council for Canada to which subsection 70(1) applies, and no information that the Commissioner may examine under this subsection may be withheld from the Commissioner on any grounds.

    • Marginal note:Protected information — solicitors, advocates and notaries

      (2.1) The Privacy Commissioner may examine information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege only if the head of a government institution refuses to disclose the information under section 27.

    • Marginal note:For greater certainty

      (2.2) For greater certainty, the disclosure by the head of a government institution to the Privacy Commissioner of information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that professional secrecy.

    • Marginal note:Evidence in other proceedings

      (3) Except in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Act, in a prosecution for an offence under this Act or in a review before the Court under this Act or an appeal therefrom, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings is inadmissible against that person in a court or in any other proceedings.

    • Marginal note:Witness fees

      (4) Any person summoned to appear before the Privacy Commissioner pursuant to this section is entitled in the discretion of the Commissioner to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court.

    • Marginal note:Return of documents, etc.

      (5) Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Privacy Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section.

    [...]


  5. Privacy Act - R.S.C., 1985, c. P-21 (Section 59)
    Marginal note:Delegation by Privacy Commissioner

    • 59 (1) Subject to subsection (2), the Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this Act except

      • (a) in any case other than a delegation to an Assistant Privacy Commissioner, the power to delegate under this section; and

    • Marginal note:Delegations of investigations relating to international affairs and defence

      (2) The Privacy Commissioner may not, nor may an Assistant Privacy Commissioner, delegate

      [...]

    • Marginal note:Delegation by Assistant Privacy Commissioner

      (3) An Assistant Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Privacy Commissioner may specify, any of the powers, duties or functions of the Privacy Commissioner under this Act that the Assistant Privacy Commissioner is authorized by the Privacy Commissioner to exercise or perform.

    [...]


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