Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2022-07-13 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

Duties and Functions of Service (continued)

Marginal note:Approval by Minister

  •  (1) Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval.

  • Marginal note:Approved classes

    (2) When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister

    • (a) the approved class to which the Canadian dataset belongs; and

    • (b) the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.

Marginal note:Judicial authorization

  •  (1) A judge may authorize the retention of a Canadian dataset if he or she is satisfied that

    • (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16; and

    • (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application.

  • Marginal note:Contents of application

    (2) An application for a judicial authorization shall be made in writing and shall set out the following:

    • (a) the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied;

    • (b) a description of the information that is contained in the dataset;

    • (c) if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates;

    • (d) any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel;

    • (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision;

    • (f) if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.

Marginal note:Contents of judicial authorization

  •  (1) A judicial authorization issued under section 11.13 shall specify

    • (a) a description of the dataset;

    • (b) the manner in which the Service may update the dataset;

    • (c) the period during which the judicial authorization is valid;

    • (d) any terms and conditions that the judge considers necessary respecting

      • (i) the querying or exploitation of the dataset, or

      • (ii) the destruction or retention of the dataset or a portion of it; and

    • (e) any terms and conditions that the judge considers advisable in the public interest.

  • Marginal note:Maximum period

    (2) A judicial authorization shall be valid for a period of not more than two years.

Marginal note:Destruction — no judicial authorization

  •  (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.

  • Marginal note:Taking effect of subsection (1)

    (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted.

  • Marginal note:Destruction — absence of new application

    (3) If the Service has not made a new application for a judicial authorization to retain a Canadian dataset under section 11.12 before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

  • Marginal note:New application

    (4) If the Service makes a new application under section 11.12 for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new application.

  • Marginal note:Limit

    (5) If the period of a judicial authorization expires, in the circumstances under subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Marginal note:Designation

  •  (1) The Minister may designate a person, including the Director or an employee, for the purpose of section 11.17.

  • Marginal note:Limit

    (2) At any given time, only one designated person may give an authorization under subsection 11.17(1).

  • Marginal note:Statutory Instruments Act

    (3) For greater certainty, the designation of a person by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Authorization

  •  (1) The Minister or the designated person may, on the request of the Service, authorize the Service to retain a foreign dataset if the Minister or the designated person concludes

    • (a) that the dataset is a foreign dataset;

    • (b) that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under sections 12, 12.1, 15 and 16; and

    • (c) that the Service has complied with its obligations under section 11.1.

  • Marginal note:Contents of authorization

    (2) The authorization given under subsection (1) shall specify

    • (a) a description of the dataset;

    • (b) the manner in which the Service may update the dataset;

    • (c) the period during which the authorization is valid;

    • (d) any terms and conditions that the Minister or designated person considers necessary respecting

      • (i) the querying or exploitation of the dataset, or

      • (ii) the destruction or retention of the dataset or a portion of it; and

    • (e) any terms and conditions that the Minister or designated person considers advisable in the public interest.

  • Marginal note:Maximum period of authorization

    (3) An authorization under subsection (1) shall be valid for a period of not more than five years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

  • Marginal note:Statutory Instruments Act

    (4) For greater certainty, the authorization by the Minister or designated person under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Notification of Commissioner

 The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

Marginal note:Destruction — no authorization

  •  (1) Subject to subsection (2), if the Minister or the designated person under section 11.17, or the Commissioner under the Intelligence Commissioner Act, does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request.

  • Marginal note:Taking effect of subsection (1)

    (2) The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted.

  • Marginal note:Destruction — absence of new request

    (3) If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

  • Marginal note:New request

    (4) If the Service makes a new request for an authorization under section 11.17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request.

  • Marginal note:Limit

    (5) If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Marginal note:Query or exploitation of datasets

  •  (1) A designated employee may, in accordance with subsections (2) to (4), query or exploit Canadian datasets and foreign datasets.

  • Marginal note:Dataset subject to judicial authorization — sections 12 and 12.1

    (2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 to assist the Service in the performance of its duties and functions under sections 12 and 12.1.

  • Marginal note:Dataset subject to approved authorization — sections 12, 12.1 and 15

    (3) A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, to assist the Service in the performance of its duties and functions under sections 12, 12.1 and 15.

  • Marginal note:Assistance in accordance with section 16

    (4) A designated employee may query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 or a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the query or exploitation is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

Marginal note:Retention

  •  (1) The Service may retain the results of a query or exploitation of a dataset performed under section 11.2 if

    • (a) the collection, analysis and retention of the results are carried out under section 12;

    • (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under sections 12.1 and 15; or

    • (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

  • Marginal note:Destruction

    (2) The Service shall, without delay, destroy the results that it cannot retain under subsection (1).

Marginal note:Query of datasets — exigent circumstances

  •  (1) The Director may authorize a designated employee to query a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.13 or a foreign dataset that is not the subject of a valid authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the Director concludes

    • (a) that the dataset was collected by the Service under subsection 11.05(1); and

    • (b) that there are exigent circumstances that require a query of the dataset

      • (i) to preserve the life or safety of any individual, or

      • (ii) to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if the Service is required to comply with the authorization process under section 11.13 or sections 11.17 and 11.18.

  • Marginal note:Contents of authorization

    (2) The Director’s authorization shall contain the following:

    • (a) a description of the exigent circumstances;

    • (b) a description of the dataset to be queried; and

    • (c) the grounds on which the Director concludes that the query is likely to produce the intelligence referred to in subparagraph (1)(b)(i) or (ii).

  • Marginal note:Retention

    (2.1) The Service may retain the results of a query of a dataset performed under subsection (1) if

    • (a) the collection, analysis and retention of the results are carried out under section 12;

    • (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1; or

    • (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16.

  • Marginal note:Destruction

    (2.2) The Service shall, without delay, destroy the results that it cannot retain under subsection (2.1).

  • Marginal note:Statutory Instruments Act

    (3) For greater certainty, an authorization by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

 
Date modified: