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

Act current to 2017-11-20 and last amended on 2017-06-19. Previous Versions

Marginal note:Authorized disclosure of information
  •  (1) Information obtained in the performance of the duties and functions of the Service under this Act shall not be disclosed by the Service except in accordance with this section.

  • Marginal note:Idem

    (2) The Service may disclose information referred to in subsection (1) for the purposes of the performance of its duties and functions under this Act or the administration or enforcement of this Act or as required by any other law and may also disclose such information,

    • (a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada or a province, to a peace officer having jurisdiction to investigate the alleged contravention and to the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged contravention may be taken;

    • (b) where the information relates to the conduct of the international affairs of Canada, to the Minister of Foreign Affairs or a person designated by the Minister of Foreign Affairs for the purpose;

    • (c) where the information is relevant to the defence of Canada, to the Minister of National Defence or a person designated by the Minister of National Defence for the purpose; or

    • (d) where, in the opinion of the Minister, disclosure of the information to any minister of the Crown or person in the federal public administration is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that minister or person.

  • Marginal note:Report to Review Committee

    (3) The Director shall, as soon as practicable after a disclosure referred to in paragraph (2)(d) is made, submit a report to the Review Committee with respect to the disclosure.

  • R.S., 1985, c. C-23, s. 19;
  • 1995, c. 5, s. 25;
  • 2003, c. 22, s. 224(E).
Marginal note:Protection of employees
  •  (1) The Director and employees have, in performing the duties and functions of the Service under this Act, the same protection under the law as peace officers have in performing their duties and functions as peace officers.

  • Marginal note:Unlawful conduct

    (2) If the Director is of the opinion that an employee may, on a particular occasion, have acted unlawfully in the purported performance of the duties and functions of the Service under this Act, the Director shall cause to be submitted a report in respect thereof to the Minister.

  • Marginal note:Report and comments to Attorney General of Canada

    (3) The Minister shall cause to be given to the Attorney General of Canada a copy of any report that he receives pursuant to subsection (2), together with any comment that he considers appropriate in the circumstances.

  • Marginal note:Copies to Review Committee

    (4) A copy of anything given to the Attorney General of Canada pursuant to subsection (3) shall be given forthwith to the Review Committee.

  • 1984, c. 21, s. 20.

PART IIJudicial Control

Marginal note:Application for warrant
  •  (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: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;

    • (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: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;

    • (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: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.

  • R.S., 1985, c. C-23, s. 21;
  • 2015, c. 9, s. 8, c. 20, s. 43.
Marginal note:Application for warrant — measures to reduce threats to the security of Canada
  •  (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures, within or outside Canada, to reduce a threat to the security of Canada, 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:Matters to be specified in application

    (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by the applicant’s affidavit deposing to the following matters:

    • (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 take measures to reduce a threat to the security of Canada;

    • (b) the measures proposed to be taken;

    • (c) the reasonableness and proportionality, in the circumstances, of the proposed measures, having regard to the nature of the threat, the nature of the measures and the reasonable availability of other means to reduce the threat;

    • (d) the identity of the persons, if known, who are directly affected by the proposed measures;

    • (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 60 days or 120 days, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (6); 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) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (c) that are set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to take the measures specified in it 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;

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

    • (d) to do any other thing that is reasonably necessary to take those measures.

  • Marginal note:Measures taken outside Canada

    (4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize the measures specified in it to be taken outside Canada.

  • Marginal note:Matters to be specified in warrant

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

    • (a) the measures authorized to be taken;

    • (b) the identity of the persons, if known, who are directly affected by the measures;

    • (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;

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

    • (f) any terms and conditions that the judge considers advisable in the public interest.

  • Marginal note:Maximum duration of warrant

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

    • (a) 60 days if the warrant is issued to enable the Service to take measures to reduce a threat to the security of Canada within the meaning of paragraph (d) of the definition threats to the security of Canada in section 2; or

    • (b) 120 days in any other case.

  • 2015, c. 20, s. 44.
 
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