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Canadian Security Intelligence Service Act

Version of section 21.1 from 2019-06-21 to 2019-11-19:


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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