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

Act current to 2020-10-05 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

Report to Parliament

Marginal note:Report

  •  (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. 101

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: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.

  • 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;

    • (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;

    • (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: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.

  • 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;

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

    • (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: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.

  • 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
  • 2019, c. 13, s. 102

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
 
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