Anti-terrorism Act (S.C. 2001, c. 41)
Full Document:
Assented to 2001-12-18
100. The definition “designated offence” in section 153 of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) an offence under this Act that is a terrorism offence.
101. Subsection 180(2) of the Act is amended by striking out the word “or” at the end of paragraph (a), by adding the word “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) to prevent injury to international relations.
102. The Act is amended by adding the following after section 273.6:
PART V.1COMMUNICATIONS SECURITY ESTABLISHMENT
Marginal note:Definitions
273.61 The following definitions apply in this Part.
“Canadian”
« Canadien »
“Canadian” means
(a) a Canadian citizen or a permanent resident, within the meaning of subsection 2(1) of the Immigration Act; or
(b) a corporation incorporated under an Act of Parliament or of the legislature of a province.
“entity”
« entité »
“entity” means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state.
“foreign intelligence”
« renseignements étrangers »
“foreign intelligence” means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security.
“global information infrastructure”
« infrastructure mondiale d’information »
“global information infrastructure” includes electromagnetic emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, systems or networks.
“Minister”
« ministre »
“Minister” means the Minister of National Defence or such other member of the Queen’s Privy Council as may be designated by the Governor in Council to be responsible for the Communications Security Establishment.
“private communication”
« communication privée »
“private communication” has the same meaning as in section 183 of the Criminal Code.
Marginal note:Communications Security Establishment continued
273.62 (1) The part of the public service of Canada known as the Communications Security Establishment is hereby continued.
Marginal note:Chief
(2) The Chief of the Communications Security Establishment, under the direction of the Minister or any person designated by the Minister, has the management and control of the Establishment and all matters relating to it.
Marginal note:Directions by Minister
(3) The Minister may issue written directions to the Chief respecting the carrying out of the Chief’s duties and functions.
Marginal note:Directions not statutory instruments
(4) Directions issued under subsection (3) are not statutory instruments within the meaning of the Statutory Instruments Act.
Marginal note:Appointment of Commissioner
273.63 (1) The Governor in Council may appoint a supernumerary judge or a retired judge of a superior court as Commissioner of the Communications Security Establishment to hold office, during good behaviour, for a term of not more than five years.
Marginal note:Duties
(2) The duties of the Commissioner are
(a) to review the activities of the Establishment to ensure that they are in compliance with the law;
(b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and
(c) to inform the Minister and the Attorney General of Canada of any activity of the Establishment that the Commissioner believes may not be in compliance with the law.
Marginal note:Annual report
(3) The Commissioner shall, within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commissioner’s activities and findings, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.
Marginal note:Powers of investigation
(4) In carrying out his or her duties, the Commissioner has all the powers of a commissioner under Part II of the Inquiries Act.
Marginal note:Employment of legal counsel, advisers, etc.
(5) The Commissioner may engage the services of such legal counsel, technical advisers and assistants as the Commissioner considers necessary for the proper performance of his or her duties and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.
Marginal note:Directions
(6) The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Part or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.
Marginal note:Transitional
(7) The Commissioner of the Communications Security Establishment holding office immediately before the coming into force of this section shall continue in office for the remainder of the term for which he or she was appointed.
Marginal note:Mandate
273.64 (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.
Marginal note:Ministerial authorization
273.65 (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.
Marginal note:Limits on activities
273.66 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.
Marginal note:Protection of persons
273.67 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.
Marginal note:Effective period of authorization
273.68 (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.
Marginal note:Exclusion of Part VI of Criminal Code
273.69 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.
Marginal note:Crown Liability and Proceedings Act
273.7 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.
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