Management of Service
Marginal note:Role of Director
Marginal note:Minister may issue directions
(2) In providing the direction referred to in subsection (1), the Minister may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Committee.
Marginal note:Directions deemed not to be statutory instruments
Marginal note:Periodic reports by Director
(4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Committee to be given a copy of each such report.
Marginal note:Measures to reduce threats to the security of Canada
(5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:
(a) for each of the paragraphs of the definition threats to the security of Canada in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;
(b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and
(c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.
- R.S., 1985, c. C-23, s. 6;
- 2012, c. 19, s. 379;
- 2015, c. 20, s. 40.
Marginal note:Consultation with Deputy Minister
Marginal note:Consultation with Deputy Minister — warrant
(2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant.
Marginal note:Advice by Deputy Minister
(3) The Deputy Minister shall advise the Minister with respect to directions issued under subsection 6(2) or that should, in the opinion of the Deputy Minister, be issued under that subsection.
- R.S., 1985, c. C-23, s. 7;
- 2015, c. 20, s. 41.
Marginal note:Powers and functions of Director
8 (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees,
(a) to provide for the terms and conditions of their employment; and
(b) subject to the regulations,
Marginal note:Discipline and grievances of employees
(2) Notwithstanding the Federal Public Sector Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees.
Marginal note:Adjudication of employee grievances
(3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.
(4) The Governor in Council may make regulations
(a) governing the exercise of the powers and the performance of the duties and functions of the Director referred to in subsection (1); and
(b) in relation to employees to whom subsection (2) applies, governing their conduct and discipline and the presentation, consideration and adjudication of grievances.
- R.S., 1985, c. C-23, s. 8;
- 2003, c. 22, ss. 143, 234;
- 2013, c. 40, s. 449;
- 2017, c. 9, ss. 42, 55.
Marginal note:Process for resolution of disputes of support staff
(a) the process for resolution of a dispute applicable to employees of the Service in a bargaining unit determined for the purposes of that Act is by the referral of the dispute to arbitration; and
(b) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act.
Marginal note:Public Service Superannuation Act
- R.S., 1985, c. C-23, s. 9;
- 2003, c. 22, ss. 144(E), 225(E);
- 2017, c. 9, s. 55.
9.1 [Repealed, 2003, c. 22, s. 145]
10 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in the schedule.
- 1984, c. 21, s. 10.
11 A certificate purporting to be issued by or under the authority of the Director and stating that the person to whom it is issued is an employee or is a person, or a person included in a class of persons, to whom a warrant issued under section 21 or 23 is directed is evidence of the statements contained therein and is admissible in evidence without proof of the signature or official character of the person purporting to have issued it.
- 1984, c. 21, s. 11.
Duties and Functions of Service
Marginal note:Collection, analysis and retention
12 (1) The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada.
Marginal note:No territorial limit
(2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada.
- R.S., 1985, c. C-23, s. 12;
- 2015, c. 9, s. 3.
Marginal note:Measures to reduce threats to the security of Canada
12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.
(2) The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat.
(3) The Service shall not take measures to reduce a threat to the security of Canada if those measures will contravene a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms or will be contrary to other Canadian law, unless the Service is authorized to take them by a warrant issued under section 21.1.
(4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.
- 2015, c. 20, s. 42.
- Date modified: