Foreign Interference and Security of Information Act (R.S.C., 1985, c. O-5)

Marginal note:Designation — persons permanently bound to secrecy

• 10 (1) The deputy head in respect of a person may, by notice in writing, designate the person to be a person permanently bound to secrecy if the deputy head is of the opinion that, by reason of the person’s office, position, duties, contract or arrangement,

  • (a) the person had, has or will have authorized access to special operational information; and

  • (b) it is in the interest of national security to designate the person.

• Marginal note:Contents

  (2) The notice must

  • (a) specify the name of the person in respect of whom it is issued;

  • (b) specify the office held, position occupied or duties performed by the person or the contract or arrangement in respect of which the person is a government contractor, as the case may be, that led to the designation; and

  • (c) state that the person named in the notice is a person permanently bound to secrecy for the purposes of sections 13 and 14.

• Marginal note:Exceptions

  (3) The following persons may not be designated as persons permanently bound to secrecy, but they continue as such if they were persons permanently bound to secrecy before becoming persons referred to in this subsection:

  • (a) the Governor General;

  • (b) the lieutenant governor of a province;

  • (c) a judge receiving a salary under the Judges Act; and

  • (d) a military judge within the meaning of subsection 2(1) of the National Defence Act.