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

Act current to 2020-07-28 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

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).

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

  • R.S., 1985, c. C-23, s. 7
  • 2015, c. 20, s. 41
  • 2019, c. 13, s. 96

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:Definitions

 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)

  • 2019, c. 13, s. 97
 
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