Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Act current to 2019-05-22 and last amended on 2017-06-19. Previous Versions

Canadian Security Intelligence Service Act

R.S.C., 1985, c. C-23

An Act to establish the Canadian Security Intelligence Service

Short Title

Marginal note:Short title

 This Act may be cited as the Canadian Security Intelligence Service Act.

  • 1984, c. 21, s. 1

Interpretation

Marginal note:Definitions

 In this Act,

department

department, in relation to the government of Canada or of a province, includes

  • (a) any portion of a department of the Government of Canada or of the province, and

  • (b) any Ministry of State, institution or other body of the Government of Canada or of the province or any portion thereof; (ministère)

Deputy Minister

Deputy Minister means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness; (sous-ministre)

Director

Director means the Director of the Service; (directeur)

employee

employee means a person who is appointed as an employee of the Service pursuant to subsection 8(1) or has become an employee of the Service pursuant to subsection 66(1) of the Canadian Security Intelligence Service Act, chapter 21 of the Statutes of Canada, 1984, and includes a person who is attached or seconded to the Service as an employee; (employé)

foreign state

foreign state means any state other than Canada; (État étranger)

human source

human source means an individual who, after having received a promise of confidentiality, has provided, provides or is likely to provide information to the Service; (source humaine)

Inspector General

Inspector General[Repealed, 2012, c. 19, s. 378]

intercept

intercept has the same meaning as in section 183 of the Criminal Code; (intercepter)

judge

judge means a judge of the Federal Court designated by the Chief Justice thereof for the purposes of this Act; (juge)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

place

place includes any conveyance; (lieux)

Review Committee

Review Committee means the Security Intelligence Review Committee established by subsection 34(1); (comité de surveillance)

security assessment

security assessment means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual; (évaluation de sécurité)

Service

Service means the Canadian Security Intelligence Service established by subsection 3(1); (Service)

threats to the security of Canada

threats to the security of Canada means

  • (a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

  • (b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

  • (c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

  • (d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). (menaces envers la sécurité du Canada)

  • R.S., 1985, c. C-23, s. 2
  • 2001, c. 41, s. 89
  • 2005, c. 10, s. 13
  • 2012, c. 19, s. 378
  • 2015, c. 9, s. 2

PART ICanadian Security Intelligence Service

Establishment of Service

Marginal note:Establishment of Service

  •  (1) The Canadian Security Intelligence Service is hereby established, consisting of the Director and employees of the Service.

  • Marginal note:Principal office

    (2) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Other offices

    (3) The Director may, with the approval of the Minister, establish other offices of the Service elsewhere in Canada.

  • 1984, c. 21, s. 3

Director

Marginal note:Appointment

  •  (1) The Governor in Council shall appoint the Director of the Service.

  • Marginal note:Term of office

    (2) The Director shall be appointed to hold office during pleasure for a term not exceeding five years.

  • Marginal note:Re-appointment

    (3) Subject to subsection (4), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years.

  • Marginal note:Limitation

    (4) No person shall hold office as Director for terms exceeding ten years in the aggregate.

  • Marginal note:Absence or incapacity

    (5) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint another person to hold office instead of the Director for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Director under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

  • 1984, c. 21, s. 4

Marginal note:Salary and expenses

  •  (1) The Director is entitled to be paid a salary to be fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the Director in the performance of duties and functions under this Act.

  • Marginal note:Pension benefits

    (2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Director, except that a person appointed as Director from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided by the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Director from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

  • R.S., 1985, c. C-23, s. 5
  • 2003, c. 22, s. 225(E)

Management of Service

Marginal note:Role of Director

  •  (1) The Director, under the direction of the Minister, has the control and management of the Service and all matters connected therewith.

  • Marginal note:Minister may issue directions

    (2) In providing the direction referred to in subsection (1), the Minister may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Committee.

  • Marginal note:Directions deemed not to be statutory instruments

    (3) Directions issued by the Minister under subsection (2) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • Marginal note:Periodic reports by Director

    (4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Committee to be given a copy of each such report.

  • Marginal note:Measures to reduce threats to the security of Canada

    (5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:

    • (a) for each of the paragraphs of the definition threats to the security of Canada in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;

    • (b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and

    • (c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.

  • R.S., 1985, c. C-23, s. 6
  • 2012, c. 19, s. 379
  • 2015, c. 20, s. 40
 
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