Canadian Security Intelligence Service Act

Marginal note:Destruction — no judicial authorization

• 11.15 (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.

• Marginal note:Taking effect of subsection (1)

  (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted.

• Marginal note:Destruction — absence of new application

  (3) If the Service does not request the Minister’s approval under section 11.12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

• Marginal note:New application — approval not obtained

  (3.1) If the Service requests but does not obtain the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires.

• Marginal note:New application — approval obtained

  (4) If the Service requests and obtains the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application.

• Marginal note:Limit

  (5) If the period of a judicial authorization expires, in the circumstances under subsection (3.1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.