Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Marginal note:Application for warrant

• 21 (1) If the Director or any employee designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

• Marginal note:Retention of information — incidental collection

  (1.1) The applicant may, in an application made under subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset.

• Marginal note:Matters to be specified in application for warrant

  (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters, namely,

  • (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16;

  • (b) that other investigative procedures have been tried and have failed or why it appears that they are unlikely to succeed, that the urgency of the matter is such that it would be impractical to carry out the investigation using only other investigative procedures or that without a warrant under this section it is likely that information of importance with respect to the threat to the security of Canada or the performance of the duties and functions under section 16 referred to in paragraph (a) would not be obtained;

  • (c) the type of communication proposed to be intercepted, the type of information, records, documents or things proposed to be obtained and the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised for that purpose;

  • (d) the identity of the person, if known, whose communication is proposed to be intercepted or who has possession of the information, record, document or thing proposed to be obtained;

  • (d.1) when it is anticipated that information would be incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.1 and 16;

  • (e) the persons or classes of persons to whom the warrant is proposed to be directed;

  • (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given;

  • (g) the period, not exceeding sixty days or one year, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (5); and

  • (h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

• Marginal note:Issuance of warrant

  (3) Notwithstanding any other law but subject to the Statistics Act, where the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to intercept any communication or obtain any information, record, document or thing and, for that purpose,

  • (a) to enter any place or open or obtain access to any thing;

  • (b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or

  • (c) to install, maintain or remove any thing.

• Marginal note:Retention of information

  (3.01) If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.1), in order to constitute a dataset.

• Marginal note:Activities outside Canada

  (3.1) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada.

• Marginal note:Matters to be specified in warrant

  (4) There shall be specified in a warrant issued under subsection (3)

  • (a) the type of communication authorized to be intercepted, the type of information, records, documents or things authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

  • (b) the identity of the person, if known, whose communication is to be intercepted or who has possession of the information, record, document or thing to be obtained;

  • (c) the persons or classes of persons to whom the warrant is directed;

  • (d) a general description of the place where the warrant may be executed, if a general description of that place can be given;

  • (d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);

  • (e) the period for which the warrant is in force; and

  • (f) such terms and conditions as the judge considers advisable in the public interest.

• Marginal note:Datasets

  (4.1) If the Service is authorized to retain information in accordance with subsection (1.1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.05 on the first day of the period for which the warrant is in force.

• Marginal note:Maximum duration of warrant

  (5) A warrant shall not be issued under subsection (3) for a period exceeding

  • (a) sixty days where the warrant is issued to enable the Service to investigate a threat to the security of Canada within the meaning of paragraph (d) of the definition of that expression in section 2; or

  • (b) one year in any other case.