National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2017-10-13 and last amended on 2015-06-01. Previous Versions

Marginal note:Mandate
  •  (1) The mandate of the Communications Security Establishment is

    • (a) to acquire and use information from the global information infrastructure for the purpose of providing foreign intelligence, in accordance with Government of Canada intelligence priorities;

    • (b) to provide advice, guidance and services to help ensure the protection of electronic information and of information infrastructures of importance to the Government of Canada; and

    • (c) to provide technical and operational assistance to federal law enforcement and security agencies in the performance of their lawful duties.

  • Marginal note:Protection of Canadians

    (2) Activities carried out under paragraphs (1)(a) and (b)

    • (a) shall not be directed at Canadians or any person in Canada; and

    • (b) shall be subject to measures to protect the privacy of Canadians in the use and retention of intercepted information.

  • Marginal note:Limitations imposed by law

    (3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies in the performance of their duties.

  • 2001, c. 41, s. 102.
Marginal note:Ministerial authorization
  •  (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

  • Marginal note:Conditions for authorization

    (2) The Minister may only issue an authorization under subsection (1) if satisfied that

    • (a) the interception will be directed at foreign entities located outside Canada;

    • (b) the information to be obtained could not reasonably be obtained by other means;

    • (c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

    • (d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

  • Marginal note:Ministerial authorization

    (3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

  • Marginal note:Conditions for authorization

    (4) The Minister may only issue an authorization under subsection (3) if satisfied that

    • (a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

    • (b) the information to be obtained 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 harm to Government of Canada computer systems or networks 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.

  • Marginal note:Ministerial conditions

    (5) An authorization made 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 derived from the private communications.

  • Marginal note:Canadian Forces

    (6) The Minister of National Defence may issue directions for the Canadian Forces to support the Establishment in carrying out activities authorized under this section.

  • Marginal note:Directions not statutory instruments

    (7) Authorizations issued under subsections (1) and (3) and directions issued under subsection (6) are not statutory instruments within the meaning of the Statutory Instruments Act.

  • Marginal note:Review of authorizations

    (8) The Commissioner of the Communications Security Establishment shall review activities carried out under an authorization issued under this section to ensure that they are authorized and report annually to the Minister on the review.

  • Meaning of Government of Canada

    (9) In this section, Government of Canada means a federal institution, as defined in subsection 3(1) of the Official Languages Act.

  • 2001, c. 41, s. 102.
Marginal note:Limits on activities

 The Communications Security Establishment may only undertake activities that are within its mandate, consistent with ministerial direction and, if an authorization is required under section 273.65, consistent with the authorization.

  • 2001, c. 41, s. 102.
Marginal note:Protection of persons

 Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization under section 273.65 or any person who assists such a person is justified in taking any reasonable action necessary to give effect to the authorization.

  • 2001, c. 41, s. 102.
Marginal note:Effective period of authorization
  •  (1) An authorization 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.

  • Marginal note:Variance or cancellation of authorization

    (2) An authorization may be varied or cancelled in writing at any time.

  • 2001, c. 41, s. 102.
Marginal note:Exclusion of Part VI of Criminal Code

 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 Part or in relation to a communication so intercepted.

  • 2001, c. 41, s. 102.
Marginal note:Crown Liability and Proceedings Act

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

  • (a) the use or disclosure under this Part of any communication intercepted under the authority of a Ministerial authorization under section 273.65; or

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

  • 2001, c. 41, s. 102.

PART VIAid of the Civil Power

Definition of attorney general

 For the purposes of this Part, attorney general means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general.

  • R.S., c. N-4, s. 232.
Marginal note:Riot or disturbance

 The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that service, occurs or is, in the opinion of an attorney general, considered as likely to occur.

  • R.S., 1985, c. N-5, s. 275;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
Marginal note:Exception in case of certain reserves

 Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only.

  • R.S., 1985, c. N-5, s. 276;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.
 
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