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

Act current to 2020-05-17 and last amended on 2019-07-13. Previous Versions

PART IIJudicial Control (continued)

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 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.

  • R.S., 1985, c. C-23, s. 27
  • 2015, c. 20, s. 48
  • 2019, c. 13, s. 107

Marginal note:Report — datasets

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

  • Marginal note:Professional secrecy

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

  • Marginal note:Filing with Federal Court

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

  • Marginal note:Review

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

  • Marginal note:Measures by Judge

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

    • (a) issue a direction;

    • (b) make an order; or

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

  • Marginal note:Private hearing

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

  • 2019, c. 13, s. 107
 
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