102 (1) Section 21 of the Act is amended by adding the following after subsection (1):
- 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.
(2) Subsection 21(2) of the Act is amended by adding the following after paragraph (d):
- (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;
(3) Section 21 of the Act is amended by adding the following after subsection (3):
- 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.
(4) Subsection 21(4) of the Act is amended by adding the following after paragraph (d):
- (d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);
(5) Section 21 of the Act is amended by adding the following after subsection (4):
- 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.