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

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Security Intelligence Service Act.

Interpretation

Marginal note:Definitions

2 In this Act,

bodily harm

bodily harm has the same meaning as in section 2 of the Criminal Code; (lésions corporelles)

Canadian

Canadian[Repealed, 2024, c. 16, s. 3]

Commissioner

Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act; (commissaire)

Convention Against Torture

Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984; (Convention contre la torture)

dataset

dataset[Repealed, 2024, c. 16, s. 3]

department

department, in relation to the government of Canada or of a province, includes

• (a) any portion of a department of the Government of Canada or of the province, and

• (b) any Ministry of State, institution or other body of the Government of Canada or of the province or any portion thereof; (ministère)

Deputy Minister

Deputy Minister means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness; (sous-ministre)

Director

Director means the Director of the Service; (directeur)

employee

employee means a person who is appointed as an employee of the Service pursuant to subsection 8(1) or has become an employee of the Service pursuant to subsection 66(1) of the Canadian Security Intelligence Service Act, chapter 21 of the Statutes of Canada, 1984, and includes a person who is attached or seconded to the Service as an employee; (employé)

exploitation

exploitation[Repealed, 2024, c. 16, s. 3]

foreign state

foreign state means any state other than Canada; (État étranger)

human source

human source means an individual who, after having received a promise of confidentiality, has provided, provides or is likely to provide information to the Service; (source humaine)

Inspector General

Inspector General[Repealed, 2012, c. 19, s. 378]

intercept

intercept has the same meaning as in section 183 of the Criminal Code; (intercepter)

judge

judge means a judge of the Federal Court designated by the Chief Justice thereof for the purposes of this Act; (juge)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

place

place includes any conveyance; (lieux)

query

query[Repealed, 2024, c. 16, s. 3]

Review Agency

Review Agency means the National Security and Intelligence Review Agency; (Office de surveillance)

Review Committee

Review Committee[Repealed, 2019, c. 13, s. 21]

security assessment

security assessment means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual; (évaluation de sécurité)

Service

Service means the Canadian Security Intelligence Service established by subsection 3(1); (Service)

threats to the security of Canada

threats to the security of Canada means

• (a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

• (b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

• (c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

• (d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). (menaces envers la sécurité du Canada)

Marginal note:Forms

2.1 If this Act requires that a form be used, the form may incorporate any variations that the circumstances require.

PART ICanadian Security Intelligence Service

Establishment of Service

Marginal note:Establishment of Service

• 3 (1) The Canadian Security Intelligence Service is hereby established, consisting of the Director and employees of the Service.

• Marginal note:Principal office

  (2) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

• Marginal note:Other offices

  (3) The Director may, with the approval of the Minister, establish other offices of the Service elsewhere in Canada.

Director

Marginal note:Appointment

• 4 (1) The Governor in Council shall appoint the Director of the Service.

• Marginal note:Term of office

  (2) The Director shall be appointed to hold office during pleasure for a term not exceeding five years.

• Marginal note:Re-appointment

  (3) Subject to subsection (4), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years.

• Marginal note:Limitation

  (4) No person shall hold office as Director for terms exceeding ten years in the aggregate.

• Marginal note:Absence or incapacity

  (5) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint another person to hold office instead of the Director for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Director under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

Marginal note:Salary and expenses

• 5 (1) The Director is entitled to be paid a salary to be fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the Director in the performance of duties and functions under this Act.

• Marginal note:Pension benefits

  (2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Director, except that a person appointed as Director from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided by the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Director from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

Management of Service

Marginal note:Role of Director

• 6 (1) The Director, under the direction of the Minister, has the control and management of the Service and all matters connected therewith.

• Marginal note:Minister may issue directions

  (2) In providing the direction referred to in subsection (1), the Minister may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Agency.

• Marginal note:Directions deemed not to be statutory instruments

  (3) Directions issued by the Minister under subsection (2) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Periodic reports by Director

  (4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Agency to be given a copy of each such report.

• Marginal note:Measures to reduce threats to the security of Canada

  (5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:

  • (a) for each of the paragraphs of the definition threats to the security of Canada in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;

  • (b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and

  • (c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.

• Marginal note:Justification

  (6) The reports shall also include

  • (a) a general description of the information and intelligence collection activities in the context of which employees designated under subsection 20.1(6) or (8) committed acts or omissions that would otherwise constitute offences;

  • (b) a general description of those acts or omissions;

  • (c) the information referred to in paragraphs 20.1(24)(a) to (e); and

  • (d) information on the training received by employees designated under subsection 20.1(6) or (8) and by senior employees designated under subsection 20.1(7).

Marginal note:Consultation with Deputy Minister

• 7 (1) The Director shall consult the Deputy Minister on

  • (a) the general operational policies of the Service; and

  • (b) any matter with respect to which consultation is required by directions issued under subsection 6(2).

• Marginal note:Consultation with Deputy Minister — warrant

  (2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1, 22.21 or 23 shall consult the Deputy Minister before applying for the warrant or, if applicable, the renewal of the warrant.

• Marginal note:Consultation with Deputy Minister — authorization

  (2.1) The Director or any employee who is designated under subsection 11.04(1) for the purpose of applying for a judicial authorization referred to in section 11.12 shall consult the Deputy Minister before applying for the judicial authorization.

• Marginal note:Consultation with Deputy Minister — production order

  (2.2) The Director or any employee who is designated by the Minister for the purpose of applying for a production order under section 20.4 shall consult the Deputy Minister before applying for the order.

• Marginal note:Advice by Deputy Minister

  (3) The Deputy Minister shall advise the Minister with respect to directions issued under subsection 6(2) or that should, in the opinion of the Deputy Minister, be issued under that subsection.

Marginal note:Powers and functions of Director

• 8 (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees,

  • (a) to provide for the terms and conditions of their employment; and

  • (b) subject to the regulations,

    • (i) to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act, and

    • (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act.

• Marginal note:Discipline and grievances of employees

  (2) Notwithstanding the Federal Public Sector Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees.

• Marginal note:Adjudication of employee grievances

  (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) governing the exercise of the powers and the performance of the duties and functions of the Director referred to in subsection (1); and

  • (b) in relation to employees to whom subsection (2) applies, governing their conduct and discipline and the presentation, consideration and adjudication of grievances.

Marginal note:Process for resolution of disputes of support staff

• 9 (1) Notwithstanding the Federal Public Sector Labour Relations Act,

  • (a) the process for resolution of a dispute applicable to employees of the Service in a bargaining unit determined for the purposes of that Act is by the referral of the dispute to arbitration; and

  • (b) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act.

• Marginal note:Public Service Superannuation Act

  (2) Employees of the Service shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

9.1 [Repealed, 2003, c. 22, s. 145]

Marginal note:Oaths

10 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in Schedule 1.

Marginal note:Certificate

11 A certificate purporting to be issued by or under the authority of the Director and stating that the person to whom it is issued is an employee or is a person, or a person included in a class of persons, to whom a warrant issued under section 21 or 23 is directed is evidence of the statements contained therein and is admissible in evidence without proof of the signature or official character of the person purporting to have issued it.

Duties and Functions of Service

Datasets

Marginal note:Definitions

11.01 The following definitions apply in sections 11.01 to 11.25.

approved class

approved class means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.03 and that has been approved by the Commissioner under the Intelligence Commissioner Act. (catégorie approuvée)

Canadian

Canadian in respect of a person, means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien)

dataset

dataset means a collection of information that

• (a) is characterized by a common subject matter;

• (b) is stored as an electronic record;

• (c) contains personal information, as defined in section 3 of the Privacy Act; and

• (d) is relevant to the performance of the Service’s duties and functions under any of sections 12 to 16 but cannot be collected or retained under any of those sections. (ensemble de données)

designated employee

designated employee means an employee who is designated under section 11.04 or 11.06. (employé désigné)

exploitation

exploitation means a computational analysis or series of computational analyses that is performed on one or more collections of information for the purpose of obtaining intelligence that would not otherwise be apparent. (exploitation)

publicly available dataset

publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). (ensemble de données accessible au public)

Canadian dataset

Canadian dataset means a dataset described in paragraph 11.07(1)(b). (ensemble de données canadien)

foreign dataset

foreign dataset means a dataset described in paragraph 11.07(1)(c). (ensemble de données étranger)

query

query means a specific search or series of specific searches, with respect to a person or entity, that is performed on one or more collections of information for the purpose of obtaining intelligence. (interrogation)

11.02 [Repealed, 2024, c. 16, s. 9]

Marginal note:Classes — Canadian datasets

• 11.03 (1) The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.

• Marginal note:Criteria

  (2) The Minister may determine that a class of Canadian datasets is authorized to be collected if the Minister concludes that the querying or exploitation of datasets in the class could lead to results that are relevant to the performance of the Service’s duties and functions under section 12, 12.1, 15 or 16.

• Marginal note:Maximum period

  (2.1) An order under subsection (1) is valid for a period of not more than two years.

• Marginal note:Notification of Commissioner

  (3) The Minister shall notify the Commissioner of the Minister’s determination under subsection (1) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

• Marginal note:Statutory Instruments Act

  (4) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Designation of employees — Minister

• 11.04 (1) The Minister may designate employees to carry out the activity referred to in subsection 7(2.1) and section 11.12.

• Marginal note:Statutory Instruments Act

  (2) For greater certainty, the designation of an employee by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Collection of datasets

11.05 The Service may collect a dataset only if it reasonably believes that the dataset

• (a) is a publicly available dataset;

• (b) belongs to an approved class; or

• (c) predominantly relates to non-Canadians who are outside Canada.

Marginal note:Collection under section 12, 15 or 16

11.051 If the Service concludes that information that was collected under section 12, 15 or 16 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion.

Marginal note:Collection outside Canada

• 11.052 (1) As soon as feasible after collecting a dataset under section 11.05 outside Canada, the Service shall either destroy the dataset or provide it to a designated employee for the purposes of section 11.07.

• Marginal note:Deemed collection date

  (2) A dataset that is provided to a designated employee under subsection (1) is, for the purposes of section 11.07, deemed to have been collected on the day on which it is provided to the designated employee.

Marginal note:Collection in execution of warrant or production order

• 11.053 (1) If the Service concludes that information that was incidentally collected in the execution of a warrant issued under section 21 or 22.21 or a production order issued under section 20.4 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion.

• Marginal note:Terms and conditions

  (2) The terms and conditions of the warrant or production order continue to apply to the dataset.

Marginal note:Deemed collection date

11.054 If a dataset is deemed to have been collected on more than one day under section 11.051, 11.052 or 11.053 or subsection 11.1(3), the dataset is deemed, for the purposes of section 11.07, to have been collected on the latest of those days.

Marginal note:Designation of employees — Director

• 11.06 (1) The Director may designate employees to carry out one or more activities referred to in sections 11.07, 11.2 and 11.22.

• Marginal note:Delegation

  (1.1) The Director may delegate the designation power set out in subsection (1) to an employee.

• Marginal note:Statutory Instruments Act

  (2) For greater certainty, the designation of an employee under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Evaluation period — datasets

• 11.07 (1) If the Service collects a dataset under section 11.05, a designated employee shall, as soon as feasible but no later than the 180th day after the day on which the dataset was collected, evaluate the dataset and confirm if it

  • (a) was publicly available at the time of collection;

  • (b) predominantly relates to individuals within Canada or Canadians; or

  • (c) predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada.

• Marginal note:Deeming

  (1.1) If a dataset that is confirmed to be a foreign dataset includes information that relates to individuals within Canada or Canadians and the Service decides to treat it as a Canadian dataset, that dataset is deemed to be a Canadian dataset.

• Marginal note:Evaluation — class

  (2) In the case of a Canadian dataset, a designated employee shall evaluate the dataset and confirm whether it belonged to an approved class on the day on which it was collected and, if it did not, the designated employee shall take the measures set out in section 11.08.

• Marginal note:Limit

  (3) During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.08(2), a dataset shall not be queried or exploited.

• Marginal note:Comparison

  (3.1) A designated employee may, for the purpose of determining whether it is necessary to make an application for a judicial authorization under subsection 11.13(1) or a request for an authorization under subsection 11.17(1), compare the dataset to other datasets that have been collected by the Service under this Act.

• Marginal note:Consultation

  (4) A designated employee may consult

  • (a) a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.12; or

  • (b) a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met.

• Marginal note:Activities of designated employee

  (5) A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities:

  • (a) deletion of extraneous or erroneous information or information of poor quality;

  • (b) translation;

  • (c) decryption;

  • (d) the application of privacy protection techniques;

  • (e) any activity respecting the organization of the dataset.

• Marginal note:Responsibilities of designated employee

  (6) A designated employee shall, during the evaluation period,

  • (a) delete personal information, as defined in section 3 of the Privacy Act, that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and

  • (b) comply with the obligations under section 11.1.

Marginal note:Dataset not within class

• 11.08 (1) If a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected, the Service shall, without delay,

  • (a) destroy the dataset; or

  • (b) make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong.

• Marginal note:Period — suspension

  (2) If the Service makes a request to the Minister under paragraph (1)(b), the 180-day period referred to in subsection 11.07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act, the determination of the Minister in respect of a new class to which the dataset belongs.

• Marginal note:Limit — activity

  (3) A designated employee shall not carry out any activity under subsections 11.07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.07(6) does not apply to the dataset during that period of suspension.

• Marginal note:Destruction

  (4) If the Minister, on a request made under paragraph (1)(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act, does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset.

Marginal note:End of evaluation period — Canadian datasets

• 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset or if a dataset is deemed to be a Canadian dataset under subsection 11.07(1.1), the Service shall make an application for judicial authorization under section 11.13 as soon as feasible but no later than the 180th day referred to in subsection 11.07(1).

• Marginal note:End of evaluation period — foreign datasets

  (2) If the designated employee confirms that a dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 180th day referred to in subsection 11.07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.17.

• Marginal note:Destruction

  (3) If the Service has not taken steps within the period referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends.

Marginal note:Continuing obligations of Service

• 11.1 (1) The Service shall take reasonable measures to ensure that

  • (a) any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual is deleted from a Canadian dataset or a foreign dataset;

  • (b) any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries is deleted from a Canadian dataset; and

  • (c) any information that by its nature or attributes relates to a Canadian or a person in Canada is removed from a foreign dataset.

• Marginal note:Removal

  (2) If the Service removes the information from the dataset under paragraph (1)(c), the information that was removed shall

  • (a) be destroyed without delay;

  • (b) be collected as a dataset under section 11.05; or

  • (c) be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization.

• Marginal note:Non-application

  (2.1) Subsection (2) does not apply to information that is being retained under subsection 11.21(1).

• Marginal note:Deeming

  (3) A dataset collected under paragraph (2)(b) is deemed to have been collected under section 11.05 on the day on which the information that constitutes the dataset was removed from the foreign dataset.

Marginal note:Dataset publicly available

• 11.11 (1) For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset.

• Marginal note:Retention of results of query or exploitation

  (2) The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16.

• Marginal note:Disclosure

  (3) The Service may disclose a publicly available dataset and, if it does so, section 19 does not apply to the disclosure.

Marginal note:Approval by Minister

• 11.12 (1) Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval.

• Marginal note:Approved classes

  (2) When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister

  • (a) the approved class to which the Canadian dataset belongs or to which it belonged on the day on which it was collected; and

  • (b) the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.

Marginal note:Judicial authorization

• 11.13 (1) A judge may authorize the retention of a Canadian dataset if the judge is satisfied that

  • (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and

  • (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application.

• Marginal note:Contents of application

  (2) An application for a judicial authorization shall be made in writing and shall set out the following:

  • (a) the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied;

  • (b) a description of the information that is contained in the dataset;

  • (b.1) the manner in which the Service intends to disclose the dataset;

  • (c) if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates;

  • (d) any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel;

  • (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision;

  • (f) if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.

Marginal note:Contents of judicial authorization

• 11.14 (1) A judicial authorization issued under section 11.13 shall specify

  • (a) a description of the dataset;

  • (b) the manner in which the Service may update the dataset;

  • (c) the period during which the judicial authorization is valid;

  • (d) any terms and conditions that the judge considers necessary respecting

    • (i) the querying or exploitation of the dataset, or

    • (ii) the destruction or retention of the dataset or a portion of it; and

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

• Marginal note:Disclosure of dataset

  (1.1) The judicial authorization shall also establish any terms and conditions that the judge considers necessary respecting the disclosure of the dataset by the Service.

• Marginal note:Non-application

  (1.2) Section 19 does not apply to the disclosure of the dataset.

• Marginal note:Maximum period

  (2) The judicial authorization is valid for a period of not more than five years.

Marginal note:Destruction — no judicial authorization

• 11.15 (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.

• Marginal note:Taking effect of subsection (1)

  (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted.

• Marginal note:Destruction — absence of new application

  (3) If the Service does not request the Minister’s approval under section 11.12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

• Marginal note:New application — approval not obtained

  (3.1) If the Service requests but does not obtain the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires.

• Marginal note:New application — approval obtained

  (4) If the Service requests and obtains the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application.

• Marginal note:Limit

  (5) If the period of a judicial authorization expires, in the circumstances under subsection (3.1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Marginal note:Designation

• 11.16 (1) The Minister may designate a person, including the Director or an employee, for the purpose of section 11.17.

• Marginal note:Limit

  (2) At any given time, only one designated person may give an authorization under subsection 11.17(1).

• Marginal note:Statutory Instruments Act

  (3) For greater certainty, the designation of a person by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Authorization

• 11.17 (1) The Minister or the designated person may, on the request of the Service, authorize the Service to retain a foreign dataset if the Minister or the designated person concludes

  • (a) that the dataset is a foreign dataset;

  • (b) that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and

  • (c) that the Service has complied with its obligations under section 11.1.

• Marginal note:Contents of authorization

  (2) The authorization given under subsection (1) shall specify

  • (a) a description of the dataset;

  • (b) the manner in which the Service may update the dataset;

  • (c) the period during which the authorization is valid;

  • (d) any terms and conditions that the Minister or designated person considers necessary respecting

    • (i) the querying or exploitation of the dataset, or

    • (ii) the destruction or retention of the dataset or a portion of it; and

  • (e) any terms and conditions that the Minister or designated person considers advisable in the public interest.

• Marginal note:Disclosure of dataset

  (2.1) The authorization shall also establish any terms and conditions that the Minister or designated person considers necessary respecting the disclosure of the dataset by the Service.

• Marginal note:Non-application

  (2.2) Section 19 does not apply to the disclosure of the dataset.

• Marginal note:Maximum period of authorization

  (3) The authorization is valid for a period of not more than 10 years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

• Marginal note:Statutory Instruments Act

  (4) For greater certainty, the authorization by the Minister or designated person under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Notification of Commissioner

11.18 The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

Marginal note:Destruction — no authorization

• 11.19 (1) Subject to subsection (2), if the Minister or the designated person under section 11.17, or the Commissioner under the Intelligence Commissioner Act, does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request.

• Marginal note:Taking effect of subsection (1)

  (2) The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted.

• Marginal note:Destruction — absence of new request

  (3) If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

• Marginal note:New request

  (4) If the Service makes a new request for an authorization under section 11.17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request.

• Marginal note:Limit

  (5) If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Marginal note:Query or exploitation of datasets

• 11.2 (1) A designated employee may, in accordance with subsections (2) to (4), query or exploit Canadian datasets and foreign datasets.

• Marginal note:Dataset subject to judicial authorization — section 12, 12.1 or 15

  (2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15.

• Marginal note:Dataset subject to approved authorization — section 12, 12.1 or 15

  (3) A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15.

• Marginal note:Assistance in accordance with section 16

  (4) A designated employee may query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 or a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the query or exploitation is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

Marginal note:Retention

• 11.21 (1) The Service may retain the results of a query or exploitation of a dataset performed under section 11.2 if

  • (a) the collection, analysis and retention of the results are carried out under section 12;

  • (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1 or 15; or

  • (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

• Marginal note:Destruction

  (2) The Service shall, without delay, destroy the results that it cannot retain under subsection (1).

Marginal note:Query or exploitation in exigent circumstances

• 11.22 (1) The Director may authorize a designated employee to query or exploit a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.13 or a foreign dataset that is not the subject of a valid authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the Director concludes

  • (a) that the dataset was collected by the Service under section 11.05; and

  • (b) that there are exigent circumstances that require a query or exploitation of the dataset

    • (i) to acquire intelligence for the purpose of preserving the life or safety of any individual, or

    • (ii) to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if the Service is required to comply with the authorization process under section 11.13 or sections 11.17 and 11.18.

• Marginal note:Contents of authorization

  (2) The Director’s authorization shall contain the following:

  • (a) a description of the exigent circumstances;

  • (b) a description of the dataset to be queried or exploited; and

  • (c) the grounds on which the Director concludes that the query or exploitation is likely to produce the intelligence referred to in subparagraph (1)(b)(i) or (ii).

• Marginal note:Retention

  (2.1) The Service may retain the results of a query or exploitation performed under subsection (1) if

  • (a) the collection, analysis and retention of the results are carried out under section 12;

  • (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1; or

  • (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

• Marginal note:Destruction

  (2.2) The Service shall, without delay, destroy the results that it cannot retain under subsection (2.1).

• Marginal note:Statutory Instruments Act

  (3) For greater certainty, an authorization by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Decision by Commissioner

11.23 An authorization issued under section 11.22 is valid when — if it is approved by the Commissioner under the Intelligence Commissioner Act — the Commissioner provides the Director with the written decision approving the authorization.

Marginal note:Record keeping — publicly available datasets

• 11.24 (1) The Service shall, with respect to publicly available datasets,

  • (a) establish record keeping requirements for those datasets with respect to the rationale for their collection, the details of each exploitation, the statutory provision under which the result of a query or exploitation is retained and the results that were retained; and

  • (b) verify, periodically and on a random basis, if the results obtained from the querying and exploitation of those datasets were retained in accordance with subsection 11.11(2).

• Marginal note:Record keeping — approved class

  (2) The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset.

• Marginal note:Requirements

  (3) The Service shall, with respect to Canadian and foreign datasets,

  • (a) store and manage those datasets separately from all other information collected and retained by the Service under this Act;

  • (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing the Service’s duties and functions under this Act;

  • (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing the Service’s duties and functions under section 12, 12.1, 15 or 16; and

  • (d) verify, periodically and on a random basis, if

    • (i) the querying and exploitation of those datasets were carried out in accordance with section 11.2, and

    • (ii) the results obtained from the querying and exploitation of those datasets were retained in accordance with section 11.21.

Marginal note:Reports

11.25 The Service shall

• (a) give the Review Agency any report prepared following a verification under paragraphs 11.24(1)(b) and (3)(d);

• (b) in the case of a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, notify the Review Agency when the Service removes information under paragraph 11.1(1)(c) and of the measures that have been taken in respect of that information; and

• (c) in the case of a query or exploitation performed on the basis of exigent circumstances under section 11.22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query or exploitation and any actions taken after obtaining those results.

Threats to the Security of Canada

Marginal note:Collection, analysis and retention

• 12 (1) The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada.

• Marginal note:No territorial limit

  (2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada.

Marginal note:Measures to reduce threats to the security of Canada

• 12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.

• Marginal note:Limits

  (2) The measures shall be reasonable and proportional in the circumstances, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

• Marginal note:Alternatives

  (3) Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat.

• Marginal note:Canadian Charter of Rights and Freedoms

  (3.1) The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it.

• Marginal note:Warrant — Canadian Charter of Rights and Freedoms

  (3.2) The Service may take measures under subsection (1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.1, issues a warrant authorizing the taking of those measures.

• Marginal note:Condition for issuance

  (3.3) The judge may issue the warrant referred to in subsection (3.2) only if the judge is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms.

• Marginal note:Warrant — Canadian law

  (3.4) The Service may take measures under subsection (1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.1.

• Marginal note:Notification of Review Agency

  (3.5) The Service shall, after taking measures under subsection (1), notify the Review Agency of the measures as soon as the circumstances permit.

• Marginal note:Clarification

  (4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.

Marginal note:Prohibited conduct

• 12.2 (1) In taking measures to reduce a threat to the security of Canada, the Service shall not

  • (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual;

  • (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice;

  • (c) violate the sexual integrity of an individual;

  • (d) subject an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture;

  • (e) detain an individual; or

  • (f) cause the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual.

• (2) [Repealed, 2019, c. 13, s. 99]

Security Assessments and Advice

Marginal note:Security assessments

• 13 (1) The Service may provide security assessments to departments of the Government of Canada.

• Marginal note:Arrangements with provinces

  (2) The Service may, with the approval of the Minister, enter into an arrangement with

  • (a) the government of a province or any department thereof, or

  • (b) any police force in a province, with the approval of the Minister responsible for policing in the province,

  authorizing the Service to provide security assessments.

• Marginal note:Arrangements with foreign states

  (3) The Service may, with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof authorizing the Service to provide the government, institution or organization with security assessments.

Marginal note:Advice to Ministers

14 The Service may

• (a) advise any minister of the Crown on matters relating to the security of Canada, or

• (b) provide any minister of the Crown with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act.

Marginal note:Investigations

• 15 (1) The Service may conduct such investigations as are required for the purpose of providing security assessments pursuant to section 13 or advice pursuant to section 14.

• Marginal note:No territorial limit

  (2) For greater certainty, the Service may conduct the investigations referred to in subsection (1) within or outside Canada.

Assistance and Cooperation

Marginal note:Collection of information concerning foreign states and persons

• 16 (1) Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of

  • (a) any foreign state or group of foreign states; or

  • (b) any person other than

    • (i) a Canadian citizen,

    • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) a corporation incorporated by or under an Act of Parliament or of the legislature of a province.

• Marginal note:Information or intelligence outside Canada

  (1.1) The assistance provided under subsection (1) may include the collection, from within Canada, of information or intelligence that is located outside Canada if the assistance is directed at a person or thing in Canada or at an individual who was in Canada and is temporarily outside Canada.

• Marginal note:Limitation

  (2) The assistance provided pursuant to subsection (1) shall not be directed at any person referred to in subparagraph (1)(b)(i), (ii) or (iii).

• Marginal note:Personal consent of Ministers required

  (3) The Service shall not perform its duties and functions under subsection (1) unless it does so

  • (a) on the personal request in writing of the Minister of National Defence or the Minister of Foreign Affairs; and

  • (b) with the personal consent in writing of the Minister.

Marginal note:Cooperation

• 17 (1) For the purpose of performing its duties and functions under this Act, the Service may,

  • (a) with the approval of the Minister, enter into an arrangement or otherwise cooperate with

    • (i) any department of the Government of Canada or the government of a province or any department thereof, or

    • (ii) any police force in a province, with the approval of the Minister responsible for policing in the province; or

  • (b) with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof.

• Marginal note:Copies of arrangements to Review Agency

  (2) Where a written arrangement is entered into pursuant to subsection (1) or subsection 13(2) or (3), a copy thereof shall be given forthwith to the Review Agency.

Identity of Employees and Human Sources

Marginal note:Offence to disclose identity

• 18 (1) Subject to subsection (2), no person shall knowingly disclose any information that they obtained or to which they had access in the course of the performance of their duties and functions under this Act or their participation in the administration or enforcement of this Act and from which could be inferred the identity of an employee who was, is or is likely to become engaged in covert operational activities of the Service or the identity of a person who was an employee engaged in such activities.

• Marginal note:Exceptions

  (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this Act or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law or in the circumstances described in any of paragraphs 19(2)(a) to (d).

• Marginal note:Offence

  (3) Every one who contravenes subsection (1)

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

  • (b) is guilty of an offence punishable on summary conviction.

Marginal note:Purpose of section — human sources

• 18.1 (1) The purpose of this section is to ensure that the identity of human sources is kept confidential in order to protect their life and security and to encourage individuals to provide information to the Service.

• Marginal note:Prohibition on disclosure

  (2) Subject to subsections (3) and (8), no person shall, in a proceeding before a court, person or body with jurisdiction to compel the production of information, disclose the identity of a human source or any information from which the identity of a human source could be inferred.

• Marginal note:Exception — consent

  (3) The identity of a human source or information from which the identity of a human source could be inferred may be disclosed in a proceeding referred to in subsection (2) if the human source and the Director consent to the disclosure of that information.

• Marginal note:Application to judge

  (4) A party to a proceeding referred to in subsection (2), an amicus curiae who is appointed in respect of the proceeding or a person who is appointed to act as a special advocate if the proceeding is under the Immigration and Refugee Protection Act may apply to a judge for one of the following orders if it is relevant to the proceeding:

  • (a) an order declaring that an individual is not a human source or that information is not information from which the identity of a human source could be inferred; or

  • (b) if the proceeding is a prosecution of an offence, an order declaring that the disclosure of the identity of a human source or information from which the identity of a human source could be inferred is essential to establish the accused’s innocence and that it may be disclosed in the proceeding.

• Marginal note:Contents and service of application

  (5) The application and the applicant’s affidavit deposing to the facts relied on in support of the application shall be filed in the Registry of the Federal Court. The applicant shall, without delay after the application and affidavit are filed, serve a copy of them on the Attorney General of Canada.

• Marginal note:Attorney General of Canada

  (6) Once served, the Attorney General of Canada is deemed to be a party to the application.

• Marginal note:Hearing

  (7) The hearing of the application shall be held in private and in the absence of the applicant and their counsel, unless the judge orders otherwise.

• Marginal note:Order — disclosure to establish innocence

  (8) If the judge grants an application made under paragraph (4)(b), the judge may order the disclosure that the judge considers appropriate subject to any conditions that the judge specifies.

• Marginal note:Effective date of order

  (9) If the judge grants an application made under subsection (4), any order made by the judge does not take effect until the time provided to appeal the order has expired or, if the order is appealed and is confirmed, until either the time provided to appeal the judgement confirming the order has expired or all rights of appeal have been exhausted.

• Marginal note:Confidentiality

  (10) The judge shall ensure the confidentiality of the following:

  • (a) the identity of any human source and any information from which the identity of a human source could be inferred; and

  • (b) information and other evidence provided in respect of the application if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person.

• Marginal note:Confidentiality on appeal

  (11) In the case of an appeal, subsection (10) applies, with any necessary modifications, to the court to which the appeal is taken.

Marginal note:Exemption — employees

• 18.2 (1) No employee is guilty of an offence by reason only that the employee, in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

• Marginal note:Exemption — other persons

  (2) No person is guilty of an offence by reason only that the person, under the direction of an employee and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

• Marginal note:Exemption — section 368.1 of Criminal Code

  (3) No employee is guilty of an offence under section 368.1 of the Criminal Code if the acts alleged to constitute the offence were committed by the employee in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity.

• Marginal note:Definition of false document

  (4) In subsections (1) and (2), false document has the same meaning as in section 321 of the Criminal Code.

Disclosure of Information

Marginal note:Authorized disclosure of information

• 19 (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 any person 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 person or entity is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that person or entity.

• Marginal note:Authorized disclosure — building resiliency against threats

  (2.1) For the purpose of building resiliency against threats to the security of Canada, the Service may also disclose information referred to in subsection (1) to any person or entity if all of the following conditions are met:

  • (a) the information has already been provided to a federal department or agency that performs duties and functions to which the information is relevant;

  • (b) the information does not contain any personal information, as defined in section 3 of the Privacy Act, of a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or any individual in Canada, other than personal information of the individual to whom the information is disclosed;

  • (c) the information does not contain the name of a corporation incorporated or continued under the laws of Canada or a province or the name of a Canadian entity, other than the name of the corporation or entity to which the information is disclosed.

• Marginal note:Report to Review Agency

  (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 Agency with respect to the disclosure.

Protection of Employees and Justification

Marginal note:Protection of employees

• 20 (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 Agency

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

Marginal note:Definitions

• 20.1 (1) The following definitions apply in this section.

  designated employee

  designated employee means an employee who is designated under subsection (6) or (8). (employé désigné)

  designated senior employee

  designated senior employee means an employee who is designated under subsection (7). (employé supérieur désigné)

• Marginal note:Principle — justification

  (2) It is in the public interest to ensure that employees effectively carry out the Service’s information and intelligence collection duties and functions, including by engaging in covert activities, in accordance with the rule of law and, to that end, to expressly recognize in law a limited justification for designated employees acting in good faith and persons acting under their direction to commit acts or omissions that would otherwise constitute offences.

• Marginal note:Classes of acts or omissions

  (3) At least once every year, the Minister shall, by order, determine the classes of acts or omissions that would otherwise constitute offences and that designated employees may be justified in committing or directing another person to commit if the Minister concludes that the commission of those acts or omissions is reasonable, having regard to

  • (a) the Service’s information and intelligence collection duties and functions; and

  • (b) any threats to the security of Canada that may be the object of information and intelligence collection activities or any objectives to be achieved by such activities.

• Marginal note:Statutory Instruments Act

  (4) An order made under subsection (3) is not a statutory instrument within the meaning of the Statutory Instruments Act.

• Marginal note:Notification of Commissioner

  (5) The Minister shall notify the Commissioner of the Minister’s determination under subsection (3) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

• Marginal note:Designation of employees

  (6) The Minister may personally, on the recommendation of the Director and for a period of not more than one year, designate, for the purpose of this section, employees who perform information and intelligence collection activities.

• Marginal note:Designation of senior employees

  (7) The Minister may personally, on the recommendation of the Director, designate, for the purpose of this section, senior employees who are responsible for information and intelligence collection activities.

• Marginal note:Emergency designation

  (8) The Director or a designated senior employee may, for a period of not more than 48 hours, designate, for the purpose of this section, an employee who performs information and intelligence collection activities if the Director or the designated senior employee is of the opinion that

  • (a) by reason of exigent circumstances, it is not feasible for the Minister to designate the employee under subsection (6); and

  • (b) the employee would be justified in committing or directing another person to commit an act or omission that would otherwise constitute an offence.

• Marginal note:Notification of Minister

  (9) The Director or the designated senior employee, as the case may be, shall notify the Minister of the designation as soon as the circumstances permit.

• Marginal note:Conditions

  (10) A designation under subsection (6) or (8) may be made subject to conditions, including conditions limiting

  • (a) its duration;

  • (b) the nature of the information and intelligence collection activities in the context of which a designated employee may be justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence; and

  • (c) the act or omission that would otherwise constitute an offence and that a designated employee may be justified in committing or directing another person to commit.

• Marginal note:Justification for acts or omissions

  (11) Subject to subsection (15), a designated employee is justified in committing an act or omission that would otherwise constitute an offence if

  • (a) the designated employee

    • (i) is engaged, in good faith, in an information and intelligence collection activity in relation to a threat to the security of Canada, and

    • (ii) believes on reasonable grounds that the commission of the act or omission, as compared to the threat, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the act or omission and the reasonable availability of other means for performing the information and intelligence collection activity; or

  • (b) the designated employee

    • (i) is engaged, in good faith, in an information and intelligence collection activity under section 16, and

    • (ii) believes on reasonable grounds that the commission of the act or omission is reasonable and proportional in the circumstances, having regard to such matters as the nature of the act or omission, the nature of the objective to be achieved and the reasonable availability of other means to achieve the objective.

• Marginal note:Authorization

  (12) The Director or a designated senior employee may, in writing, authorize designated employees, for a period of not more than one year, to direct the commission of acts or omissions that would otherwise constitute offences if the Director or the designated senior employee believes on reasonable grounds

  • (a) in the case of an activity described in subparagraph (11)(a)(i), that the commission of the acts or omissions, as compared to the threat to the security of Canada to which the activity relates, is reasonable and proportional in the circumstances, having regard to such matters as the nature of the threat, the nature of the acts or omissions and the reasonable availability of other means for performing the activity; or

  • (b) in the case of an activity described in subparagraph (11)(b)(i), that the commission of the acts or omissions is reasonable and proportional in the circumstances, having regard to such matters as the nature of the acts or omissions, the nature of the objective to be achieved and the reasonable availability of other means to achieve the objective.

• Marginal note:Contents

  (13) The authorization shall specify

  • (a) the acts or omissions that would otherwise constitute offences;

  • (b) the designated employees who are authorized to direct the commission of those acts or omissions; and

  • (c) the persons who may be directed to commit those acts or omissions.

• Marginal note:Amendment or cancellation

  (14) The authorization may be amended or cancelled by the Director or a designated senior employee.

• Marginal note:Justification for directing

  (15) A designated employee is only justified in directing the commission of an act or omission that would otherwise constitute an offence if the conditions in paragraph (11)(a) or (b) are met and the designated employee

  • (a) is personally authorized to direct the commission of the act or omission under subsection (12); or

  • (b) believes on reasonable grounds that grounds for obtaining an authorization under that subsection exist but it is not feasible in the circumstances to obtain the authorization and that the act or omission is necessary to

    • (i) preserve the life or safety of any individual,

    • (ii) prevent the compromise of the identity of an employee acting covertly, of a human source or of a person acting covertly under the direction of an employee, or

    • (iii) prevent the imminent loss or destruction of information or intelligence.

• Marginal note:Person acting under direction of designated employee

  (16) A person, other than an employee, is justified in committing an act or omission that would otherwise constitute an offence if

  • (a) they are directed by a designated employee to commit the act or omission; and

  • (b) they believe on reasonable grounds that the person who directs them to commit the act or omission has the authority to give that direction.

• Marginal note:Classes of acts or omissions

  (17) A designated employee is only justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence if the act or omission falls within a class of acts or omissions the determination of which is approved by the Commissioner under the Intelligence Commissioner Act.

• Marginal note:Limitation

  (18) Nothing in this section justifies

  • (a) causing, intentionally or by criminal negligence, death or bodily harm to an individual;

  • (b) wilfully attempting in any manner to obstruct, pervert or defeat the course of justice;

  • (c) violating the sexual integrity of an individual;

  • (d) subjecting an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture;

  • (e) detaining an individual; or

  • (f) causing the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual.

• Marginal note:Ministerial direction

  (19) Nothing in this section justifies the commission of an act or omission specified in a direction issued by the Minister for the purpose of this section, under subsection 6(2).

• Marginal note:Protection, defences and immunities unaffected

  (20) Nothing in this section affects the protection, defences and immunities of employees and other persons recognized under the law of Canada.

• Marginal note:Requirement to obtain warrant

  (21) Nothing in this section relieves the Director or an employee from the requirement to obtain a warrant in accordance with section 21.

• Marginal note:Canadian Charter of Rights and Freedoms

  (22) Nothing in this section justifies the commission of an act or omission that would infringe a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms.

• Marginal note:Report by designated employee

  (23) A designated employee who commits an act or omission in accordance with subsection (11) or who directs the commission of an act or omission in accordance with subsection (15) shall, as soon as the circumstances permit after doing so, submit a written report to the Director or a designated senior employee describing the act or omission.

• Marginal note:Annual report

  (24) The Minister shall, every year, publish or otherwise make available to the public a report in respect of the previous year that includes

  • (a) the number of designations that were made under subsection (8);

  • (b) the number of authorizations that were given under subsection (12);

  • (c) the number of times that designated employees directed the commission of acts or omissions in accordance with paragraph (15)(b);

  • (d) the nature of the threats to the security of Canada that were the object of the information and intelligence collection activities in the context of which the designations referred to in paragraph (a) were made, the authorizations referred to in paragraph (b) were given or the acts or omissions referred to in paragraph (c) were directed to be committed; and

  • (e) the nature of the acts or omissions that were committed under the designations referred to in paragraph (a) or that were directed to be committed under the authorizations referred to in paragraph (b) or in accordance with paragraph (15)(b).

• Marginal note:Limitation

  (25) The report is not to contain any information the disclosure of which would

  • (a) compromise or hinder an ongoing information and intelligence collection activity;

  • (b) compromise the identity of an employee acting covertly, of a human source or of a person acting covertly under the direction of an employee;

  • (c) endanger the life or safety of any individual;

  • (d) prejudice a legal proceeding; or

  • (e) be contrary to the public interest.

• Marginal note:Notification of Review Agency

  (26) The Service shall notify the Review Agency as soon as the circumstances permit after

  • (a) a designation is made under subsection (8);

  • (b) an authorization is given under subsection (12); or

  • (c) a written report is submitted under subsection (23).

• Marginal note:Statutory Instruments Act

  (27) For greater certainty, designations, authorizations and directions referred to in this section are not statutory instruments within the meaning of the Statutory Instruments Act.

Report to Parliament

Marginal note:Report

• 20.2 (1) The Service shall, within three months after the end of each calendar year, submit to the Minister a report of the activities of the Service during the preceding calendar year, and the Minister shall cause 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 it.

PART IIJudicial Control

Marginal note:Preservation order

• 20.3 (1) The Director or any employee who is designated by the Director for the purpose may make an application to a judge for a preservation order under this section.

• Marginal note:Making of order

  (2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to preserve any information, record or document — regardless of medium or form — or thing that is in their possession or control when they receive the order, if the judge is satisfied by information on oath in Form 1 of Schedule 2 that

  • (a) there are reasonable grounds to suspect that the information, record, document or thing is in the person or entity’s possession or control and will assist 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;

  • (b) the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing; and

  • (c) the Director or an employee who is designated by the Director for the purpose intends to apply or has applied for a production order under section 20.4 or a warrant under section 21 or 22.21 to obtain the information, record, document or thing or, under section 23, to remove a thing.

• Marginal note:Form 2

  (3) The order is to be made in Form 2 of Schedule 2.

• Marginal note:Preservation outside Canada

  (4) The order may be made in respect of information, records, documents or things located outside Canada, with any modifications that the circumstances require.

• Marginal note:Measures

  (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

• Marginal note:Expiry of order

  (6) The order expires 90 days after the day on which it is made.

• Marginal note:Notification of Minister

  (7) The Director shall notify the Minister that an application for an order has been made under this section as soon as feasible after the application is made.

Marginal note:Production order

• 20.4 (1) The Director or an employee who is designated by the Minister for the purpose may, after having obtained the Minister’s approval, make an application to a judge for a production order under this section.

• Marginal note:Making of order

  (2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to produce any information, record or document — regardless of medium or form — that is in their possession or control when they receive the order if the judge is satisfied by information on oath in Form 3 of Schedule 2 that there are reasonable grounds to believe that the information, record or document is in the person or entity’s possession or control and will assist 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.

• Marginal note:Form 4

  (3) The order is to be made in Form 4 of Schedule 2.

• Marginal note:Production outside Canada

  (4) The order may be made in respect of information, records or documents located outside Canada, with any modifications that the circumstances require.

• Marginal note:Measures

  (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

Marginal note:Revocation or variation of production order

• 20.5 (1) Before they produce any information, record or document that they are required to produce under an order made under section 20.4, a person or entity may apply in writing to a judge to revoke or vary the order.

• Marginal note:Notice required

  (2) The person or entity may make the application only if they give notice of their intention to do so to a judge and to an employee in Form 5 of Schedule 2 within 14 days after the day on which the order is served.

• Marginal note:No obligation to produce

  (3) The person or entity is not required to produce the information, record or document until a final decision is made with respect to the application.

• Marginal note:Revocation or variation of order

  (4) The judge may revoke or vary the order if satisfied that

  • (a) it is unreasonable in the circumstances to require the applicant to produce the information, record or document; or

  • (b) production of the information, record or document would disclose information that is privileged or otherwise protected from disclosure by law.

Marginal note:Clarification — voluntary preservation or production

• 20.6 (1) For greater certainty, the Service may request that a person or entity voluntarily preserve any information, record, document or thing, or voluntarily produce any information, record or document to the Service, without needing to obtain a preservation or production order so long as the person or entity is not prohibited by law from preserving or producing the information, record, document or thing, as the case may be, and the Service may collect it under section 12 or 16.

• Marginal note:Clarification — other collection authorities

  (2) For greater certainty, the fact that a preservation order or production order may be made under section 20.3 or 20.4 does not affect the Service’s authority to collect any information, record, document or thing under any other provision of this Act.

Marginal note:No civil or criminal liability

20.7 No criminal or civil proceedings lie against a person who voluntarily preserves any information, record, document or thing, or voluntarily produces any information, record or document, following a request from the Service in the circumstances described in subsection 20.6(1), or against a person acting on behalf of an entity that receives such a request.

Marginal note:Destruction of preserved elements — preservation order

• 20.8 (1) A person or entity that is subject to a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section as soon as feasible after the order expires, unless they are subject to a new preservation order, a production order made under section 20.4 or a warrant issued under section 21, 22.21 or 23 with respect to the information, record, document or thing, as the case may be.

• Marginal note:Destruction of preserved elements — production order

  (2) A person or entity that is subject to a production order made under section 20.4 with respect to any information, record or document that they preserved under a preservation order made under section 20.3 shall destroy the information, record or document that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record or document under that section as soon as feasible after the earlier of

  • (a) the day on which the production order is revoked; and

  • (b) the day on which the information, record or document, or document prepared for the purpose of preserving the information, record or document, is produced under the production order.

• Marginal note:Destruction of preserved elements — warrant

  (3) Despite subsections (1) and (2), a person or entity that preserved any information, record, document or thing under a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section when the information, record, document or thing, or document prepared for the purpose of preserving the information, record, document or thing, is obtained under a warrant issued under section 21 or 22.21 or when a thing is removed in accordance with a warrant issued under section 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.

• (1.1) [Repealed, 2024, c. 16, s. 38]

• 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) [Repealed, 2024, c. 16, s. 38]

  • (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) or 22.21(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.

• (3.01) [Repealed, 2024, c. 16, s. 38]

• 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:Information or intelligence outside Canada

  (3.2) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and function under section 16, a judge may, in a warrant issued under subsection (3), authorize the collection, from within Canada, of information or intelligence that is located outside 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) [Repealed, 2024, c. 16, s. 38]

  • (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.

• (4.1) [Repealed, 2024, c. 16, s. 38]

• 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.

Marginal note:Application for warrant — measures to reduce threats to security of Canada

• 21.1 (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 referred to in subsection (1.1), 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:Measures

  (1.1) For the purpose of subsection (1), the measures are the following:

  • (a) altering, removing, replacing, destroying, disrupting or degrading a communication or means of communication;

  • (b) altering, removing, replacing, destroying, degrading or providing — or interfering with the use or delivery of — any thing or part of a thing, including records, documents, goods, components and equipment;

  • (c) fabricating or disseminating any information, record or document;

  • (d) making or attempting to make, directly or indirectly, any financial transaction that involves or purports to involve currency or a monetary instrument;

  • (e) interrupting or redirecting, directly or indirectly, any financial transaction that involves currency or a monetary instrument;

  • (f) interfering with the movement of any person, excluding the detention of an individual; and

  • (g) personating a person, other than a police officer, in order to take a measure referred to in any of paragraphs (a) to (f).

• 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, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy;

  • (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.

Marginal note:Renewal of warrant

22 On application in writing to a judge for the renewal of a warrant issued under subsection 21(3) made by a person entitled to apply for such a warrant after having obtained the approval of the Minister, the judge may, from time to time, renew the warrant for a period not exceeding the period for which the warrant may be issued pursuant to subsection 21(5) if satisfied by evidence on oath that

• (a) the warrant continues to be required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16; and

• (b) any of the matters referred to in paragraph 21(2)(b) are applicable in the circumstances.

Marginal note:Renewal of warrant — measures to reduce threats to the security of Canada

• 22.1 (1) On application in writing to a judge for the renewal of a warrant issued under subsection 21.1(3) made by a person who is entitled, after having obtained the Minister’s approval, to apply for such a warrant and who believes on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada, the judge may renew the warrant if the judge is satisfied by evidence on oath of the following matters:

  • (a) the facts relied on to justify the belief on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada; and

  • (b) the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, having regard to the nature of the threat, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

• Marginal note:Limits on renewal

  (2) A warrant issued under subsection 21.1(3) may be renewed only twice, with each renewal being for a period not exceeding the period for which it may be issued under subsection 21.1(6).

Marginal note:Limits on execution of warrant

22.2 A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measures, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

Marginal note:Application for warrant to obtain information, record, document or thing

• 22.21 (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 obtain any information, record or document — regardless of medium or form — or thing that will assist 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:

  • (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 obtain any information, record or document — regardless of medium or form — or thing that will assist 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;

  • (b) the type of information, record, document or thing proposed to be obtained;

  • (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised;

  • (d) the identity of the person, if known, 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 120 days, for which the warrant is requested to be in force; and

  • (h) any previous application made under subsection (1) or 21(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 paragraph (2)(a) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to obtain, through a single attempt, any information, record or document — regardless of medium or form — 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

  (4) 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:Obtaining information, records or documents from within Canada

  (5) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and functions under section 16, a judge may, in a warrant issued under subsection (3), authorize the Service to obtain, from within Canada, any information, record or document — regardless of medium or form — that is located outside Canada.

• Marginal note:Matters to be specified in warrant

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

  • (a) the type of information, record, document or thing 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, 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 in accordance with subsection (7); and

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

• Marginal note:Duration of warrant

  (7) A warrant issued under subsection (3) ceases to have effect on the earlier of the end of a period of up to 120 days that begins on the day on which the warrant is issued and the day on which the information, record, document or thing is obtained.

• Marginal note:Clarification — other warrants

  (8) For greater certainty, the fact that a warrant may be issued under this section does not affect a judge’s authority to issue a warrant under section 21 nor the validity of such a warrant.

Marginal note:Assistance order

• 22.3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21, 21.1, 22.21 or 23.

• Marginal note:Confidentiality

  (2) The judge may include in the order any measure that the judge considers necessary in the public interest to ensure the confidentiality of the order, including the identity of any person who is required to provide assistance under the order and any other information concerning the provision of the assistance.

Marginal note:Warrant authorizing removal

• 23 (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 remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.1 or 22.21, the Director or employee may 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:

  • (a) a general description of the thing to be removed;

  • (b) the facts relied on to justify the belief, on reasonable grounds, that the thing is in the place;

  • (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised;

  • (d) the identity of the person, if known, who possesses the thing;

  • (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; and

  • (g) the period for which the warrant is requested to be in force.

• 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 paragraph (2)(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose,

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

  • (b) to search for the thing; or

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

• Marginal note:Matters to be specified in warrant

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

  • (a) a general description of the thing authorized to be removed and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

  • (b) the identify of the person, if known, who possesses the thing;

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

Marginal note:Warrant to have effect notwithstanding other laws

24 Despite any other law, a warrant issued under section 21, 22.21 or 23

• (a) authorizes every person or person included in a class of persons to whom the warrant is directed,

  • (i) in the case of a warrant issued under section 21, to exercise the powers specified in the warrant for the purpose of intercepting communications of the type specified therein or obtaining information, records, documents or things of the type specified therein,

  • (i.1) in the case of a warrant issued under section 22.21, to exercise the powers specified in the warrant for the purpose of obtaining information, records, documents or things of the type specified in the warrant, or

  • (ii) in the case of a warrant issued under section 23, to exercise the powers specified in the warrant for the purpose of removing the thing specified in the warrant; and

• (b) authorizes any other person to assist a person who that other person believes on reasonable grounds is acting in accordance with such a warrant.

Marginal note:Authorization to request assistance

• 24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.

• Marginal note:Person giving assistance

  (2) A person to whom a request is made under subsection (1) is justified in assisting the requester in taking the measure if the person believes on reasonable grounds that the requester has the authority to take the measure.

Marginal note:Crown Liability and Proceedings Act not to apply

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

• (a) the use or disclosure in accordance with this Act of any communication intercepted under the authority of a warrant issued under section 21 or 21.1; or

• (b) the disclosure pursuant to this Act of the existence of any such communication.

Marginal note:Exclusion of Part VI of Criminal Code

26 Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or 21.1 or in relation to any communication so intercepted.

Marginal note:Making and hearing of applications

• 27 (1) An application for a judicial authorization under section 11.13, an application under section 20.3 for a preservation order, an application under section 20.4 for a production order, an application under section 21, 21.1, 22.21 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be made ex parte and heard in private in accordance with regulations made under section 28.

• Marginal note:Hearing of applications — section 20.5

  (2) An application under section 20.5 for the revocation or variation of a production order may be heard in private in accordance with regulations made under section 28.

Marginal note:Report — datasets

• 27.1 (1) For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.11 and 11.2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report prepared under section 35 of the National Security and Intelligence Review Agency Act, as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4).

• Marginal note:Professional secrecy

  (2) The Review Agency shall take appropriate steps to ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

• Marginal note:Filing with Federal Court

  (3) The Director shall, as soon as feasible after receiving this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section.

• Marginal note:Review

  (4) A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law.

• Marginal note:Measures by Judge

  (5) The judge may, respecting the review and determination that is made under this section,

  • (a) issue a direction;

  • (b) make an order; or

  • (c) take any other measure that the judge considers appropriate in the circumstances.

• Marginal note:Private hearing

  (6) Any hearing held for the purposes of this section shall be held in private in accordance with regulations made under section 28.

Marginal note:Regulations

28 The Governor in Council may make regulations

• (a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1, 22.21 or 23;

• (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1, 22.21 or 23, for renewals of those warrants and for orders that may be made under section 20.3, 20.4 or 22.3;

• (b.1) governing the practice and procedure of, and security requirements applicable to, other matters that arise out of the performance by the Service of its duties and functions under this Act and over which the Chief Justice of the Federal Court or a judge is presiding;

• (b.2) governing the practice and procedure of, and security requirements applicable to, hearings of applications for the revocation or variation of a production order under section 20.5; and

• (c) notwithstanding the Federal Courts Act and any rules made thereunder, specifying the places where those hearings may be held and the places where, and the manner in which, records or documents concerning those hearings shall be kept.

PART IIIParliamentary Review

Marginal note:Five-year review

29 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

30 [Repealed, 2012, c. 19, s. 380]

31 [Repealed, 2012, c. 19, s. 380]

32 [Repealed, 2012, c. 19, s. 380]

33 [Repealed, 2012, c. 19, s. 380]

34 [Repealed, 2019, c. 13, s. 22]

35 [Repealed, 2019, c. 13, s. 22]

36 [Repealed, 2019, c. 13, s. 22]

37 [Repealed, 2019, c. 13, s. 22]

38 [Repealed, 2019, c. 13, s. 22]

39 [Repealed, 2019, c. 13, s. 22]

40 [Repealed, 2019, c. 13, s. 22]

40.1 [Repealed, 2019, c. 13, s. 22]

41 [Repealed, 2019, c. 13, s. 22]

42 [Repealed, 2019, c. 13, s. 22]

43 [Repealed, 2019, c. 13, s. 22]

44 [Repealed, 2019, c. 13, s. 22]

45 [Repealed, 2019, c. 13, s. 22]

46 [Repealed, 2019, c. 13, s. 22]

47 [Repealed, 2019, c. 13, s. 22]

48 [Repealed, 2019, c. 13, s. 22]

49 [Repealed, 2019, c. 13, s. 22]

50 [Repealed, 2019, c. 13, s. 22]

51 [Repealed, 2019, c. 13, s. 22]

52 [Repealed, 2019, c. 13, s. 22]

53 [Repealed, 2019, c. 13, s. 22]

54 [Repealed, 2019, c. 13, s. 22]

55 [Repealed, 2019, c. 13, s. 22]

PART IV[Repealed, 2019, c. 13, s. 22]

56 [Repealed, 2019, c. 13, s. 22]