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

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Canadian Security Intelligence Service Act

R.S.C., 1985, c. C-23

An Act to establish the Canadian Security Intelligence Service

Preamble

Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;

Whereas it is essential, to discharge that responsibility, for Canada to have a civilian intelligence service;

Whereas it is important that the civilian intelligence service perform its duties and functions in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms;

And whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;

  • 2019, c. 13, s. 92

Short Title

Marginal note:Short title

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

  • 1984, c. 21, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

bodily harm

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

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)

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)

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)

Review Committee

Review Committee means the Security Intelligence Review Committee established by subsection 34(1); (comité de surveillance)

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)

  • R.S., 1985, c. C-23, s. 2
  • 2001, c. 41, s. 89
  • 2005, c. 10, s. 13
  • 2012, c. 19, s. 378
  • 2015, c. 9, s. 2
  • 2019, c. 13, s. 93

PART ICanadian Security Intelligence Service

Establishment of Service

Marginal note:Establishment of Service

  •  (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.

  • 1984, c. 21, s. 3

Director

Marginal note:Appointment

  •  (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.

  • 1984, c. 21, s. 4

Marginal note:Salary and expenses

  •  (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.

  • R.S., 1985, c. C-23, s. 5
  • 2003, c. 22, s. 225(E)

Management of Service

Marginal note:Role of Director

  •  (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 Committee.

  • 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 Committee 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).

  • R.S., 1985, c. C-23, s. 6
  • 2012, c. 19, s. 379
  • 2015, c. 20, s. 40
  • 2019, c. 13, s. 95

Marginal note:Consultation with Deputy Minister

  •  (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 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant.

  • 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.

  • R.S., 1985, c. C-23, s. 7
  • 2015, c. 20, s. 41

Marginal note:Powers and functions of Director

  •  (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,

  • 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.

  • R.S., 1985, c. C-23, s. 8
  • 2003, c. 22, ss. 143, 234
  • 2013, c. 40, s. 449
  • 2017, c. 9, ss. 42, 55

Marginal note:Process for resolution of disputes of support staff

  • R.S., 1985, c. C-23, s. 9
  • 2003, c. 22, ss. 144(E), 225(E)
  • 2017, c. 9, s. 55

 [Repealed, 2003, c. 22, s. 145]

Marginal note:Oaths

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

  • 1984, c. 21, s. 10

Marginal note:Certificate

 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.

  • 1984, c. 21, s. 11

Duties and Functions of Service

Marginal note:Collection, analysis and retention

  •  (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.

  • R.S., 1985, c. C-23, s. 12
  • 2015, c. 9, s. 3

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

  •  (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 he or she 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 Committee

    (3.5) The Service shall, after taking measures under subsection (1), notify the Review Committee 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.

  • 2015, c. 20, s. 42
  • 2019, c. 13, s. 98

Marginal note:Prohibited conduct

  •  (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]

  • 2015, c. 20, s. 42
  • 2019, c. 13, s. 99

Marginal note:Security assessments

  •  (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.

  • R.S., 1985, c. C-23, s. 13
  • 1995, c. 5, s. 25

Marginal note:Advice to Ministers

 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.

  • R.S., 1985, c. C-23, s. 14
  • 2001, c. 27, s. 223

Marginal note:Investigations

  •  (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.

  • R.S., 1985, c. C-23, s. 15
  • 2015, c. 9, s. 4

Marginal note:Collection of information concerning foreign states and persons

  •  (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

  • 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.

  • R.S., 1985, c. C-23, s. 16
  • 1995, c. 5, s. 25
  • 2001, c. 27, s. 224
  • 2015, c. 3, s. 34(F), c. 9, s. 5(F)

Marginal note:Cooperation

  •  (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 Committee

    (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 Committee.

  • R.S., 1985, c. C-23, s. 17
  • 1995, c. 5, s. 25

Marginal note:Offence to disclose identity

  •  (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.

  • R.S., 1985, c. C-23, s. 18
  • 2015, c. 9, s. 6

Marginal note:Purpose of section — human sources

  •  (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.

  • 2015, c. 9, s. 7

Marginal note:Exemption — employees

  •  (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.

  • 2019, c. 13, s. 100

Marginal note:Authorized disclosure of information

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

  • Marginal note:Idem

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

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

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

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

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

  • Marginal note:Report to Review Committee

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

  • R.S., 1985, c. C-23, s. 19
  • 1995, c. 5, s. 25
  • 2003, c. 22, s. 224(E)

Marginal note:Protection of employees

  •  (1) The Director and employees have, in performing the duties and functions of the Service under this Act, the same protection under the law as peace officers have in performing their duties and functions as peace officers.

  • Marginal note:Unlawful conduct

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

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

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

  • Marginal note:Copies to Review Committee

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

  • 1984, c. 21, s. 20

PART IIJudicial Control

Marginal note:Application for warrant

  •  (1) If the Director or any employee designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

  • Marginal note:Matters to be specified in application for warrant

    (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters, namely,

    • (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16;

    • (b) that other investigative procedures have been tried and have failed or why it appears that they are unlikely to succeed, that the urgency of the matter is such that it would be impractical to carry out the investigation using only other investigative procedures or that without a warrant under this section it is likely that information of importance with respect to the threat to the security of Canada or the performance of the duties and functions under section 16 referred to in paragraph (a) would not be obtained;

    • (c) the type of communication proposed to be intercepted, the type of information, records, documents or things proposed to be obtained and the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised for that purpose;

    • (d) the identity of the person, if known, whose communication is proposed to be intercepted or who has possession of the information, record, document or thing proposed to be obtained;

    • (e) the persons or classes of persons to whom the warrant is proposed to be directed;

    • (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given;

    • (g) the period, not exceeding sixty days or one year, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (5); and

    • (h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

  • Marginal note:Issuance of warrant

    (3) Notwithstanding any other law but subject to the Statistics Act, where the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to intercept any communication or obtain any information, record, document or thing and, for that purpose,

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

    • (b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or

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

  • Marginal note:Activities outside Canada

    (3.1) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada.

  • Marginal note:Matters to be specified in warrant

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

    • (a) the type of communication authorized to be intercepted, the type of information, records, documents or things authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

    • (b) the identity of the person, if known, whose communication is to be intercepted or who has possession of the information, record, document or thing to be obtained;

    • (c) the persons or classes of persons to whom the warrant is directed;

    • (d) a general description of the place where the warrant may be executed, if a general description of that place can be given;

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

    • (f) such terms and conditions as the judge considers advisable in the public interest.

  • Marginal note:Maximum duration of warrant

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

    • (a) sixty days where the warrant is issued to enable the Service to investigate a threat to the security of Canada within the meaning of paragraph (d) of the definition of that expression in section 2; or

    • (b) one year in any other case.

  • R.S., 1985, c. C-23, s. 21
  • 2015, c. 9, s. 8, c. 20, s. 43

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

  •  (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures 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.

  • 2015, c. 20, s. 44
  • 2019, c. 13, s. 103

Marginal note:Renewal of warrant

 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.

  • 1984, c. 21, s. 22

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

  •  (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).

  • 2015, c. 20, s. 45
  • 2019, c. 13, s. 104

Marginal note:Limits on execution of warrant

 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.

  • 2015, c. 20, s. 45
  • 2019, c. 13, s. 105

Marginal note:Assistance order

  •  (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 or 21.1.

  • 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.

  • 2015, c. 20, s. 45

Marginal note:Warrant authorizing removal

  •  (1) On application in writing by the Director or any employee who is designated by the Minister for the purpose, a judge may, if the judge thinks fit, issue a warrant authorizing the persons to whom the warrant is directed to remove from any place any thing installed in accordance with a warrant issued under subsection 21(3) or 21.1(3) and, for that purpose, to enter any place or open or obtain access to any thing.

  • Marginal note:Matters to be specified in warrant

    (2) There shall be specified in a warrant issued under subsection (1) the matters referred to in paragraphs 21(4)(c) to (f) or 21.1(5)(c) to (f), as the case may be.

  • R.S., 1985, c. C-23, s. 23
  • 2015, c. 20, s. 45

Marginal note:Warrant to have effect notwithstanding other laws

 Notwithstanding any other law, a warrant issued under section 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, or

    • (ii) in the case of a warrant issued under section 23, to execute 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.

  • 1984, c. 21, s. 24

Marginal note:Authorization to request assistance

  •  (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.

  • 2015, c. 20, s. 46
  • 2019, c. 13, s. 106

Marginal note:Crown Liability and Proceedings Act not to apply

 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.

  • R.S., 1985, c. C-23, s. 25
  • 1993, c. 34, s. 49
  • 2015, c. 20, s. 47

Marginal note:Exclusion of Part VI of Criminal Code

 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.

  • R.S., 1985, c. C-23, s. 26
  • 2015, c. 20, s. 48

Marginal note:Hearing of applications

 An application under section 21, 21.1 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 heard in private in accordance with regulations made under section 28.

  • R.S., 1985, c. C-23, s. 27
  • 2015, c. 20, s. 48

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the forms of warrants that may be issued under section 21, 21.1 or 23;

  • (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for those warrants, for renewals of those warrants and for orders that may be made under section 22.3; 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.

  • R.S., 1985, c. C-23, s. 28
  • 2002, c. 8, s. 182
  • 2015, c. 20, s. 49

PART IIIReview

Interpretation

Marginal note:Definition of deputy head

 In this Part, deputy head means, in relation to

  • (a) a department named in Schedule I to the Financial Administration Act, the deputy minister thereof,

  • (b) the Canadian Forces, the Chief of the Defence Staff,

  • (c) the Royal Canadian Mounted Police, the Commissioner,

  • (d) the Service, the Director, and

  • (e) any other portion of the federal public administration, the person designated by order in council pursuant to this paragraph and for the purposes of this Part to be the deputy head of that portion of the federal public administration.

  • R.S., 1985, c. C-23, s. 29
  • 2003, c. 22, s. 224(E)

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

 [Repealed, 2012, c. 19, s. 380]

Security Intelligence Review Committee

Marginal note:Security Intelligence Review Committee

  •  (1) There is hereby established a committee, to be known as the Security Intelligence Review Committee, consisting of a Chairman and not less than two and not more than four other members, all of whom shall be appointed by the Governor in Council from among members of the Queen’s Privy Council for Canada who are not members of the Senate or the House of Commons, after consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House.

  • Marginal note:Term of office

    (2) Each member of the Review Committee shall be appointed to hold office during good behaviour for a term not exceeding five years.

  • Marginal note:Re-appointment

    (3) A member of the Review Committee is eligible to be re-appointed for a term not exceeding five years.

  • Marginal note:Expenses

    (4) Each member of the Review Committee is entitled to be paid, for each day that the member performs duties and functions under this Act, such remuneration as is fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the member in the performance of those duties and functions.

  • 1984, c. 21, s. 34

Marginal note:Chairman of the Review Committee

  •  (1) The Chairman of the Review Committee is the chief executive officer of the Committee.

  • Marginal note:Acting Chairman of the Review Committee

    (2) The Chairman of the Review Committee may designate another member of the Committee to act as the Chairman in the event of the absence or incapacity of the Chairman and, if no such designation is in force or the office of Chairman is vacant, the Minister may designate a member of the Committee to act as the Chairman.

  • 1984, c. 21, s. 35

Marginal note:Staff of Review Committee

 The Review Committee may, with the approval of the Treasury Board,

  • (a) engage a secretary and such other staff as it requires; and

  • (b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).

  • 1984, c. 21, s. 36

Marginal note:Compliance with security requirements

 Every member of the Review Committee and every person engaged by it shall comply with all security requirements applicable by or under this Act to an employee and shall take the oath of secrecy set out in the schedule.

  • 1984, c. 21, s. 37

Marginal note:Functions of Review Committee

  •  (1) The functions of the Review Committee are

    • (a) to review generally the performance by the Service of its duties and functions and, in connection therewith,

      • (i) [Repealed, 2012, c. 19, s. 381]

      • (ii) to review directions issued by the Minister under subsection 6(2),

      • (iii) to review arrangements entered into by the Service pursuant to subsections 13(2) and (3) and 17(1) and to monitor the provision of information and intelligence pursuant to those arrangements,

      • (iv) to review any report or comment given to it pursuant to subsection 20(4),

      • (v) to monitor any request referred to in paragraph 16(3)(a) made to the Service,

      • (vi) to review the regulations, and

      • (vii) to compile and analyse statistics on the operational activities of the Service;

    • (b) to arrange for reviews to be conducted, or to conduct reviews, pursuant to section 40; and

    • (c) to conduct investigations in relation to

  • Marginal note:Review of measures

    (1.1) In reviewing the performance by the Service of its duties and functions the Review Committee shall, each fiscal year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

  • Marginal note:Review Committee’s other functions

    (2) As soon as the circumstances permit after receiving a copy of a report referred to in subsection 6(4), the Review Committee shall submit to the Minister a certificate stating the extent to which it is satisfied with the report and whether any of the Service’s operational activities described in the report, in its opinion,

    • (a) is not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or

    • (b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.

  • R.S., 1985, c. C-23, s. 38
  • 2001, c. 27, s. 225
  • 2012, c. 19, s. 381
  • 2015, c. 20, s. 50

Marginal note:Committee procedures

  •  (1) Subject to this Act, the Review Committee may determine the procedure to be followed in the performance of any of its duties or functions.

  • Marginal note:Access to information

    (2) Despite subsection 18.1(2), any other Act of Parliament or any privilege under the law of evidence, but subject to subsection (3), the Review Committee is entitled

    • (a) to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Committee and to receive from the Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and

    • (b) during any investigation referred to in paragraph 38(c), to have access to any information under the control of the deputy head concerned that is relevant to the investigation.

  • Marginal note:Idem

    (3) No information described in subsection (2), other than a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, may be withheld from the Committee on any grounds.

  • R.S., 1985, c. C-23, s. 39
  • 2012, c. 19, s. 382
  • 2015, c. 9, s. 9

Marginal note:Review

  •  (1) For the purpose of ensuring that the activities of the Service are carried out in accordance with this Act, the regulations and directions issued by the Minister under subsection 6(2) and that the activities do not involve any unreasonable or unnecessary exercise by the Service of any of its powers, the Review Committee may

    • (a) direct the Service to conduct a review of the Service’s specific activities and provide the Committee with a report on the review; or

    • (b) if it considers that a review by the Service would be inappropriate, conduct such a review itself.

  • Marginal note:Report of findings

    (2) On completion of a review conducted under subsection (1), the Review Committee shall provide the Minister and the Director with the following:

    • (a) in the case of a review conducted by the Service, the Service’s report to the Committee along with any recommendations that the Committee considers appropriate; and

    • (b) in the case of a review conducted by the Committee, its own report, which is to contain the findings of the review and any recommendations that the Committee considers appropriate.

  • R.S., 1985, c. C-23, s. 40
  • 2012, c. 19, s. 383

Marginal note:Report on activities of Service

  •  (1) If the Review Committee is of the opinion that the Service may not be carrying out, or may not have carried out, its activities in accordance with this Act and the regulations, the Review Committee shall submit a written report to the Minister on those activities. The Review Committee shall provide the Director with a copy of its report.

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

    (2) The Minister shall provide the Attorney General of Canada with a copy of any report that the Minister receives under subsection (1), together with any comment that he or she considers appropriate in the circumstances.

  • Marginal note:Copies to Review Committee

    (3) A copy of anything provided to the Attorney General of Canada under subsection (2) shall be provided to the Review Committee as soon as the circumstances permit.

  • 2019, c. 13, s. 109

Complaints

Marginal note:Complaints

  •  (1) Any person may make a complaint to the Review Committee with respect to any act or thing done by the Service and the Committee shall, subject to subsection (2), investigate the complaint if

    • (a) the complainant has made a complaint to the Director with respect to that act or thing and the complainant has not received a response within such period of time as the Committee considers reasonable or is dissatisfied with the response given; and

    • (b) the Committee is satisfied that the complaint is not trivial, frivolous, vexatious or made in bad faith.

  • Marginal note:Other redress available

    (2) The Review Committee shall not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established pursuant to this Act or the Federal Public Sector Labour Relations Act.

  • R.S., 1985, c. C-23, s. 41
  • 2003, c. 22, s. 146(E)
  • 2017, c. 9, s. 55

Marginal note:Denial of security clearance

  •  (1) Where, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head shall send, within ten days after the decision is made, a notice informing the individual of the denial of the security clearance.

  • Marginal note:Idem

    (2) Where, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned shall send, within ten days after the decision is made, a notice informing the individual and, where applicable, the other person of the denial of the security clearance.

  • Marginal note:Receipt and investigation of complaints

    (3) The Review Committee shall receive and investigate a complaint from

    • (a) any individual referred to in subsection (1) who has been denied a security clearance; or

    • (b) any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.

  • Marginal note:Time within which complaint is to be made

    (4) A complaint under subsection (3) shall be made within thirty days after receipt of the notice referred to in subsection (1) or (2) or within such longer period as the Review Committee allows.

  • 1984, c. 21, s. 42

Marginal note:Member of the Committee authorized to act alone

 A member of the Review Committee may exercise any of the powers or perform any of the duties or functions of the Committee under this Part in relation to complaints.

  • 1984, c. 21, s. 43

Marginal note:Complaints submitted on behalf of complainants

 Nothing in this Act precludes the Review Committee from receiving and investigating complaints described in sections 41 and 42 that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other section includes a reference to a person so authorized.

  • 1984, c. 21, s. 44

Marginal note:Written complaint

 A complaint under this Part shall be made to the Review Committee in writing unless the Committee authorizes otherwise.

  • 1984, c. 21, s. 45

Marginal note:Statement and notice of hearing to be sent to the complainant

 The Review Committee shall, as soon as practicable after receiving a complaint made under section 42, send to the complainant a statement summarizing such information available to the Committee as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and shall send a copy of the statement to the Director and the deputy head concerned.

  • 1984, c. 21, s. 46

Investigations

Marginal note:Notice of intention to investigate

 Before commencing an investigation of a complaint referred to in paragraph 38(c) other than an investigation under section 41, the Review Committee shall notify the Director and, where applicable, the deputy head concerned of its intention to carry out the investigation and shall inform the Director and the deputy head of the substance of the complaint.

  • 1984, c. 21, s. 47

Marginal note:Investigations in private

  •  (1) Every investigation of a complaint under this Part by the Review Committee shall be conducted in private.

  • Marginal note:Right to make representations

    (2) In the course of an investigation of a complaint under this Part by the Review Committee, the complainant, deputy head concerned and the Director shall be given an opportunity to make representations to the Review Committee, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Review Committee by any other person.

  • 1984, c. 21, s. 48

Marginal note:Canadian Human Rights Commission may comment

 In the course of an investigation of a complaint under this Part, the Review Committee shall, where appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.

  • 1984, c. 21, s. 49

Marginal note:Powers of Review Committee

 The Review Committee has, in relation to the investigation of any complaint under this Part, power

  • (a) to summon and enforce the appearance of persons before the Committee and to compel them to give oral or written evidence on oath and to produce such documents and things as the Committee deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;

  • (b) to administer oaths; and

  • (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as the Committee sees fit, whether or not that evidence or information is or would be admissible in a court of law.

  • 1984, c. 21, s. 50

Marginal note:Evidence in other proceedings

 Except in a prosecution of a person for an offence under section 133 of the Criminal Code (false statements in extra-judicial proceedings) in respect of a statement made under this Act, evidence given by a person in proceedings under this Part and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.

  • 1984, c. 21, s. 51

Marginal note:Report of findings

  •  (1) The Review Committee shall,

    • (a) on completion of an investigation in relation to a complaint under section 41, provide the Minister and the Director with a report containing the findings of the investigation and any recommendations that the Committee considers appropriate; and

    • (b) at the same time as or after a report is provided pursuant to paragraph (a), report the findings of the investigation to the complainant and may, if it thinks fit, report to the complainant any recommendations referred to in that paragraph.

  • Marginal note:Idem

    (2) On completion of an investigation in relation to a complaint under section 42, the Review Committee shall provide the Minister, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Committee considers appropriate, and those findings of the investigation that the Committee considers it fit to report to the complainant.

  • 1984, c. 21, s. 52

Reports

Marginal note:Annual reports

  •  (1) The Review Committee shall, not later than September 30 in each fiscal year, submit to the Minister a report of the activities of the Committee during the preceding fiscal year and the Minister shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

  • Marginal note:Additional information

    (2) In addition, the report shall specify the number of warrants issued under section 21.1 in the fiscal year and the number of applications for warrants made under that section that were refused in that year.

  • R.S., 1985, c. C-23, s. 53
  • R.S., 1985, c. 1 (4th Supp.), s. 7
  • 2015, c. 20, s. 51

Marginal note:Minister’s briefings

  •  (1) At least once a year, and at any other time at the Minister’s request, the Review Committee, or a person engaged by it and designated by it for the purposes of this section, shall meet the Minister and brief him or her on any matter that relates to the performance by the Service of its duties and functions.

  • Marginal note:Special reports

    (2) The Review Committee may, on request by the Minister or at any other time, furnish the Minister with a special report concerning any matter that relates to the performance of its duties and functions.

  • R.S., 1985, c. C-23, s. 54
  • 2012, c. 19, s. 384

Marginal note:Protection of confidential information

 The Review Committee shall consult with the Director in order to ensure compliance with section 37 in preparing

  • R.S., 1985, c. C-23, s. 55
  • 2001, c. 27, s. 226

PART IVReview by Parliament

Marginal note:Review of Act after five years

  •  (1) After July 16, 1989, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

  • Marginal note:Report to Parliament

    (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report on the review to Parliament including a statement of any changes the committee recommends.

  • 1984, c. 21, s. 69

SCHEDULE(Section 10)

Oath of Office

I, blank line, swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (the Director, an employee) of the Canadian Security Intelligence Service. So help me God.

Oath of Secrecy

I, blank line, swear that I will not, without due authority, disclose or make known to any person any information acquired by me by reason of the duties performed by me on behalf of or under the direction of the Canadian Security Intelligence Service or by reason of any office or employment held by me pursuant to the Canadian Security Intelligence Service Act. So help me God.

  • 1984, c. 21, Sch

RELATED PROVISIONS

  • — 2005, c. 38, s. 16, as amended by 2005, c. 38, par. 144(8)(a)(E)

    • Definitions

      16 The following definitions apply in sections 17 to 19 and 21 to 28.

      former agency

      former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)

      new agency

      new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)

      order P.C. 2003-2064

      order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)

  • — 2005, c. 38, par. 19(1)(f)

  • — 2005, c. 38, par. 19(2)(a)

    • Deputy head
      • 19 (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency:

AMENDMENTS NOT IN FORCE

  • — 2019, c. 13, s. 21

      • 21 (1) The definition Review Committee in section 2 of the Canadian Security Intelligence Service Act is repealed.

      • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

        Review Agency

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

  • — 2019, c. 13, s. 22

    • 22 Parts III and IV of the Act are repealed.

  • — 2019, c. 13, s. 23

    • Replacement of “Committee”

      23 The Act is amended by replacing “Committee” with “Agency” in the following provisions:

      • (a) subsections 6(2) and (4);

      • (b) subsection 12.1(3.5);

      • (c) subsection 17(2);

      • (d) subsection 19(3); and

      • (e) subsection 20(4).

  • — 2019, c. 13, s. 62

  • — 2019, c. 13, s. 94

    • 94 Section 2 of the Act is amended by adding the following in alphabetical order:

      Canadian

      Canadian in respect of a dataset, means a Canadian citizen, a permanent resident as defined in 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 stored as an electronic record and characterized by a common subject matter; (ensemble de données)

      exploitation

      exploitation means a computational analysis of one or more datasets for the purpose of obtaining intelligence that would not otherwise be apparent; (exploitation)

      query

      query means a specific search, with respect to a person or entity, of one or more datasets, for the purpose of obtaining intelligence; (interrogation)

  • — 2019, c. 13, s. 96

    • 96 Section 7 of the Act is amended by adding the following after subsection (2):

      • 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.

  • — 2019, c. 13, s. 97

    • 97 The Act is amended by adding the following before section 12:

      • 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)

        designated employee

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

        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)

      • Application

        11.02 Sections 11.01 to 11.25 apply to every dataset that contains personal information, as defined in section 3 of the Privacy Act, that does not directly and immediately relate to activities that represent a threat to the security of Canada.

      • Classes — Canadian datasets
        • 11.03 (1) At least once every year, the Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.

        • 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 any dataset in the class could lead to results that are relevant to the performance of the Service’s duties and functions set out under sections 12, 12.1 and 16.

        • 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.

        • Statutory Instruments Act

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

      • 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.

        • 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.

      • Collection of datasets
        • 11.05 (1) Subject to subsection (2), the Service may collect a dataset if it is satisfied that the dataset is relevant to the performance of its duties and functions under sections 12 to 16.

        • Limit

          (2) 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.

      • 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.

        • Statutory Instruments Act

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

      • Evaluation period — datasets
        • 11.07 (1) If the Service collects a dataset under subsection 11.05(1), a designated employee shall, as soon as feasible but no later than the 90th 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.

        • Evaluation — class

          (2) In the case of a dataset referred to in paragraph (1)(b), a designated employee shall evaluate the dataset and confirm whether it belongs to an approved class and, if it does not, he or she shall take the measures set out in section 11.08.

        • 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.

        • 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.

        • 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.

        • Responsibilities of designated employee

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

          • (a) delete any information that relates to 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.

      • Dataset not within class
        • 11.08 (1) If a designated employee confirms that the dataset does not belong to any approved class, 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.

        • Period — suspension

          (2) When the Service makes a request to the Minister under paragraph (1)(b), the 90-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 does not belong to any approved class 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.

        • 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.

        • 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.

      • End of evaluation period — Canadian datasets
        • 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset, the Service shall make an application for judicial authorization under section 11.13, as soon as feasible but no later than the 90th day referred to in subsection 11.07(1).

        • End of evaluation period — foreign datasets

          (2) If the designated employee confirms that the 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 90th 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.

        • 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.

      • Continuing obligations of Service
        • 11.1 (1) The Service shall,

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

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

          • (c) in respect of a foreign dataset, remove any information from the dataset that by its nature or attributes relates to a Canadian or a person in Canada.

        • 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.

        • Deeming

          (3) The dataset collected under paragraph (2)(b) shall be deemed to have been collected on the day on which it was removed and its evaluation period under subsection 11.07(1) begins on the same day on which it was removed.

      • 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.

        • 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.

      • 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.

        • 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; and

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

      • Judicial authorization
        • 11.13 (1) A judge may authorize the retention of a Canadian dataset if he or she 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 or functions under sections 12, 12.1 and 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.

        • 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;

          • (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.

      • 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.

        • Maximum period

          (2) A judicial authorization shall be valid for a period of not more than two years.

      • 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.

        • 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.

        • Destruction — absence of new application

          (3) If the Service has not made a new application for a judicial authorization to retain a Canadian dataset under section 11.12 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.

        • New application

          (4) If the Service makes a new application under section 11.12 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 it until a decision is made in respect of the new application.

        • Limit

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

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

        • Limit

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

        • 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.

      • 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 sections 12, 12.1, 15 and 16; and

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

        • 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.

        • Maximum period of authorization

          (3) An authorization under subsection (1) shall be valid for a period of not more than five years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

        • 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.

      • 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.

      • 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.

        • 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.

        • 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.

        • 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.

        • 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.

      • 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.

        • Dataset subject to judicial authorization — sections 12 and 12.1

          (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 sections 12 and 12.1.

        • Dataset subject to approved authorization — sections 12, 12.1 and 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 sections 12, 12.1 and 15.

        • 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.

      • 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 sections 12.1 and 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.

        • Destruction

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

      • Query of datasets — exigent circumstances
        • 11.22 (1) The Director may authorize a designated employee to query 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 subsection 11.05(1); and

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

            • (i) to preserve 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.

        • 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; and

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

        • Retention

          (2.1) The Service may retain the results of a query of a dataset 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.

        • Destruction

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

        • 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.

      • 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.

      • 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).

        • Record keeping — approved class

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

        • 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 their duties or 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 their duties or 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.

      • 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 of a dataset 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 and any actions taken after obtaining those results.

  • — 2019, c. 13, s. 101

    • 101 The Act is amended by adding the following after section 20:

      • 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)

        • 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.

        • 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.

        • Statutory Instruments Act

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

        • 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.

        • 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.

        • 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.

        • 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 an act or omission that would otherwise constitute an offence.

        • 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.

        • 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.

        • 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.

        • 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.

        • 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.

        • Amendment or cancellation

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

        • 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.

        • 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.

        • 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.

        • 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.

        • 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).

        • 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.

        • 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.

        • 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.

        • 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.

        • 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).

        • 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.

        • 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).

        • 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

      • 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.

  • — 2019, c. 13, s. 102

      • 102 (1) Section 21 of the Act is amended by adding the following after subsection (1):

        • Retention of information — incidental collection

          (1.1) The applicant may, in an application made under subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset.

      • (2) Subsection 21(2) of the Act is amended by adding the following after paragraph (d):

        • (d.1) when it is anticipated that information would be incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.1 and 16;

      • (3) Section 21 of the Act is amended by adding the following after subsection (3):

        • Retention of information

          (3.01) If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.1), in order to constitute a dataset.

      • (4) Subsection 21(4) of the Act is amended by adding the following after paragraph (d):

        • (d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);

      • (5) Section 21 of the Act is amended by adding the following after subsection (4):

        • Datasets

          (4.1) If the Service is authorized to retain information in accordance with subsection (1.1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.05 on the first day of the period for which the warrant is in force.

  • — 2019, c. 13, s. 107

    • 107 Section 27 of the Act is replaced by the following:

      • Hearing of applications

        27 An application for a judicial authorization under section 11.13, an application under section 21, 21.1 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 heard in private in accordance with regulations made under section 28.

      • 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).

        • 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.

        • 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.

        • 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.

        • 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.

        • 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.

  • — 2019, c. 13, s. 108

    • 108 Paragraphs 28(a) and (b) of the Act are replaced by the following:

      • (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 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 or 23, for renewals of those warrants and for orders that may be made under section 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; and

  • — 2019, c. 13, s. 110

    • Definitions

      110 The following definitions apply in section 111.

      commencement day

      commencement day means the day on which section 96 comes into force. (date de référence)

      dataset

      dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)

      Service

      Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service)

  • — 2019, c. 13, s. 111

    • Datasets collected by Service

      111 If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day.

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