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

Act current to 2022-05-02 and last amended on 2019-07-13. 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)

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)

Commissioner

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

Convention Against Torture

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

dataset

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

department

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

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

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

Deputy Minister

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

Director

Director means the Director of the Service; (directeur)

employee

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

exploitation

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

foreign state

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

human source

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

Inspector General

Inspector General[Repealed, 2012, c. 19, s. 378]

intercept

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

judge

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

Minister

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

place

place includes any conveyance; (lieux)

query

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

Review Agency

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

Review Committee

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

security assessment

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

Service

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

threats to the security of Canada

threats to the security of Canada means

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

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

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

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

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

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 Agency.

  • Marginal note:Directions deemed not to be statutory instruments

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

  • Marginal note:Periodic reports by Director

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

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

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

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

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

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

  • Marginal note:Justification

    (6) The reports shall also include

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

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

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

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

Marginal note:Consultation with Deputy Minister

  •  (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:Consultation with Deputy Minister — authorization

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

  • Marginal note:Advice by Deputy Minister

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

Marginal note:Powers and functions of Director

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

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

    • (b) subject to the regulations,

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

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

  • Marginal note:Discipline and grievances of employees

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

  • Marginal note:Adjudication of employee grievances

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

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

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

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

  • 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
 
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