2019, c. 13, s. 103

  • 103 (1) Subsection 21.1(1) of the Act is replaced by the following:

    Marginal note:Application for warrant — measures to reduce threats to security of Canada

    • 21.1 (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).

  • (2) Paragraph 21.1(2)(c) of the Act is replaced by the following:

    • (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;