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

Marginal note:Renewal of warrant

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

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

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

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

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

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

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

• Marginal note:Limits on renewal

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

Marginal note:Limits on execution of warrant

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

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

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

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

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

  • (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to obtain any information, record or document — regardless of medium or form — or thing that will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16;

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

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

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

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

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

  • (g) the period, not exceeding 120 days, for which the warrant is requested to be in force; and

  • (h) any previous application made under subsection (1) or 21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

• Marginal note:Issuance of warrant

  (3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)(a) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to obtain, through a single attempt, any information, record or document — regardless of medium or form — or thing and, for that purpose,

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

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

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

• Marginal note:Activities outside Canada

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

• Marginal note:Obtaining information, records or documents from within Canada

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

• Marginal note:Matters to be specified in warrant

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

  • (a) the type of information, record, document or thing authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

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

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

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

  • (e) the period for which the warrant is in force in accordance with subsection (7); and

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

• Marginal note:Duration of warrant

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

• Marginal note:Clarification — other warrants

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

Marginal note:Assistance order

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

• Marginal note:Confidentiality

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

Marginal note:Warrant authorizing removal

• 23 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.1 or 22.21, the Director or employee may make an application in accordance with subsection (2) to a judge for a warrant under this section.

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

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

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

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

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

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

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

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

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

• Marginal note:Issuance of warrant

  (3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose,

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

  • (b) to search for the thing; or

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

• Marginal note:Matters to be specified in warrant

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

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

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

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

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

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

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

Marginal note:Warrant to have effect notwithstanding other laws

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

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

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

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

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

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

Marginal note:Authorization to request assistance

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

• Marginal note:Person giving assistance

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

Marginal note:Crown Liability and Proceedings Act not to apply

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

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

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

Marginal note:Exclusion of Part VI of Criminal Code

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

Marginal note:Making and hearing of applications

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

• Marginal note:Hearing of applications — section 20.5

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