PART V.2AUTHORIZATIONS

Computer Systems and Networks

Marginal note:Ministerial authorization

• 273.8 (1) The Minister may authorize in writing, either individually or by class, any public servant employed in the Department, or any person acting on behalf of the Department or the Canadian Forces who is performing duties relating to the operation, maintenance or protection of computer systems or networks of the Department or the Canadian Forces, to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.

• Marginal note:Authorization to Chief of Defence Staff

  (2) The Minister may authorize in writing the Chief of the Defence Staff to direct, either individually or by class, any officer or non-commissioned member to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any computer system or network of the Department or the Canadian Forces, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain.

• Marginal note:Conditions for authorization

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

  • (a) the interception is necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain;

  • (b) the information to be obtained from the interception 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 any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain, 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:Conditions in authorization

  (4) An authorization issued 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 contained in the private communications.

• Marginal note:Effective period of authorization

  (5) An authorization issued under this section 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

  (6) An authorization issued under this section may be varied or cancelled in writing at any time.

• Marginal note:Authorizations not statutory instruments

  (7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act.

• Marginal note:Protection of persons

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

• Marginal note:Crown Liability and Proceedings Act

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

  • (a) the use or disclosure of any communication intercepted under the authority of an authorization issued under this section, if the use or disclosure of the communication is reasonably necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain; or

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

• Marginal note:Exclusion of Part VI of Criminal Code

  (10) 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 section or in relation to a communication so intercepted.

Marginal note:Duties of Commissioner

• 273.9 (1) The Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) has, in relation to the activities referred to in section 273.8, the following duties:

  • (a) to review activities carried out under an authorization issued under that section to ensure that they are in compliance with the law, and to report annually to the Minister on the review;

  • (b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and

  • (c) to inform the Minister and, if the Commissioner considers it appropriate, the Attorney General of Canada, of any activity referred to in paragraph (a) that the Commissioner believes may not be in compliance with the law.

• Marginal note:Certain provisions apply

  (2) For the purposes of subsection (1), subsections 273.63(3) to (6) apply to the Commissioner.

Marginal note:Call out of Canadian Forces

278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur.

PART VIIREINSTATEMENT IN CIVIL EMPLOYMENT

Interpretation

Marginal note:Definitions

285.01 In this Part, “employer” and “Minister” have the meaning prescribed in regulations made by the Governor in Council.

Reinstatement

Marginal note:Employer's duty to reinstate

• 285.02 (1) If an officer or non-commissioned member of the reserve force is called out on service in respect of an emergency, the officer's or member's employer shall reinstate the officer or member in employment at the expiry of that service.

• Marginal note:Nature of reinstatement

  (2) The officer or member must be reinstated in a capacity and under terms and conditions of employment no less favourable to the officer or member than those that would have applied if the officer or member had remained in the employer's employment.

• Marginal note:Officer or member must apply

  (3) An officer or member who wishes to be reinstated must apply to the employer for reinstatement within ninety days after the expiry of the officer's or member's actual service or service deemed extended by virtue of section 285.03.

• Marginal note:Exception

  (4) The employer's duty to reinstate an officer or member does not apply in the circumstances prescribed in regulations made by the Governor in Council.

• Marginal note:Application procedure

  (5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council.

Marginal note:Hospitalization or incapacity

285.03 If, immediately following the officer's or member's service, the officer or member is hospitalized or is physically or mentally incapable of performing the duties of the position to which the officer or member would have been entitled on reinstatement, the period of hospitalization or incapacity, to a maximum prescribed in regulations made by the Governor in Council, is deemed for the purposes of this Part to be part of the period of the officer's or member's service.

Marginal note:Benefits and obligations on reinstatement

285.04 On reinstatement, an officer's or member's benefits, and the employer's obligations, in respect of remuneration, pension, promotion, permanent status, seniority, paid vacation and other employment benefits shall be in accordance with regulations made by the Governor in Council.

Marginal note:Agreements or arrangements

285.05 Any agreement or arrangement between an employer and an officer or member respecting reinstatement continues in force, except to the extent that it is less advantageous to the officer or member than is this Part.

Marginal note:Termination without reasonable cause

285.06 During the one-year period following an officer's or member's reinstatement,

• (a) the employer shall not terminate the officer's or member's employment without reasonable cause; and

• (b) if the employer terminates the officer's or member's employment, the onus, in any prosecution under section 285.08, is on the employer to establish that the employer had reasonable cause.

Administration and Enforcement

Marginal note:Reinstatement Officers

• 285.07 (1) The Minister may designate any person as a Reinstatement Officer to assist in the administration and enforcement of this Part, and shall issue to a Reinstatement Officer a certificate of designation.

• Marginal note:Powers and duties

  (2) The powers and duties of Reinstatement Officers are those prescribed in regulations made by the Governor in Council.

• Marginal note:Requests for information

  (3) A Reinstatement Officer may make reasonable requests of an employer for information relating to the reinstatement of an officer or member.

Offence and Punishment

Marginal note:Offence

• 285.08 (1) Every employer who contravenes section 285.02 or 285.06 or a regulation made for the purpose of section 285.04 is guilty of an offence punishable on summary conviction.

• Marginal note:Additional order

  (2) A court that convicts an employer of an offence under subsection (1) may, in addition to any other punishment that it imposes, order the employer to pay to the officer or member affected an amount that the court considers reasonable in the circumstances.

• Marginal note:Special case

  (3) The failure of an officer or member to perform the duties of their position during a period when the officer or member is being assisted by a Reinstatement Officer is not reasonable cause for terminating the officer's or member's employment.

Marginal note:Offence

285.09 Every person who fails to comply with a reasonable request made under subsection 285.07(3) is guilty of an offence punishable on summary conviction.

Marginal note:Minister may prosecute

285.1 The Minister shall institute and conduct a prosecution under section 285.08, without cost to the officer or member, if the Minister considers that the circumstances warrant a prosecution under that section.

Marginal note:Time limit

285.11 Proceedings may be instituted under section 285.08 or 285.09 within, but not later than, one year after the time when the subject-matter of the proceedings arose.

General

Marginal note:Inconsistency with other laws

285.12 In the event of any inconsistency between this Part, or regulations made for the purposes of this Part, and any other law, this Part or the regulations prevail to the extent of the inconsistency.

Marginal note:Consultation

285.13 In the implementation of this Part, the Minister

• (a) shall consult with the provincial governments; and

• (b) may consult with any persons, associations, bodies and authorities that the Minister considers to be in a position to assist the Minister.

PART VIIIOFFENCES TRIABLE BY CIVIL COURTS

Application

Marginal note:Confidentiality

16.2 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that

• (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and

• (b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.

• (a) the safety and security of the public and of a company's employees;

• (b) the protection of property and the environment;

• (b.1) the safety and security of pipelines;