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

Act current to 2022-06-20 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

Duties and Functions of Service (continued)

Marginal note:Decision by Commissioner

 An authorization issued under section 11.22 is valid when — if it is approved by the Commissioner under the Intelligence Commissioner Act — the Commissioner provides the Director with the written decision approving the authorization.

Marginal note:Record keeping — publicly available datasets

  •  (1) The Service shall, with respect to publicly available datasets,

    • (a) establish record keeping requirements for those datasets with respect to the rationale for their collection, the details of each exploitation, the statutory provision under which the result of a query or exploitation is retained and the results that were retained; and

    • (b) verify, periodically and on a random basis, if the results obtained from the querying and exploitation of those datasets were retained in accordance with subsection 11.11(2).

  • Marginal note:Record keeping — approved class

    (2) The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset.

  • Marginal note:Requirements

    (3) The Service shall, with respect to Canadian and foreign datasets,

    • (a) store and manage those datasets separately from all other information collected and retained by the Service under this Act;

    • (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing their duties or functions under this Act;

    • (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing their duties or functions under section 12, 12.1, 15 or 16; and

    • (d) verify, periodically and on a random basis, if

      • (i) the querying and exploitation of those datasets were carried out in accordance with section 11.2, and

      • (ii) the results obtained from the querying and exploitation of those datasets were retained in accordance with section 11.21.

Marginal note:Reports

 The Service shall

  • (a) give the Review Agency any report prepared following a verification under paragraphs 11.24(1)(b) and (3)(d);

  • (b) in the case of 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, notify the Review Agency when the Service removes information under paragraph 11.1(1)(c) and of the measures that have been taken in respect of that information; and

  • (c) in the case of a query of a dataset performed on the basis of exigent circumstances under section 11.22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query and any actions taken after obtaining those results.

Marginal note:Collection, analysis and retention

  •  (1) The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada.

  • Marginal note:No territorial limit

    (2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada.

  • R.S., 1985, c. C-23, s. 12
  • 2015, c. 9, s. 3

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

  •  (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat.

  • Marginal note:Limits

    (2) The measures shall be reasonable and proportional in the circumstances, 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.

  • Marginal note:Alternatives

    (3) Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat.

  • Marginal note:Canadian Charter of Rights and Freedoms

    (3.1) The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it.

  • Marginal note:Warrant — Canadian Charter of Rights and Freedoms

    (3.2) The Service may take measures under subsection (1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.1, issues a warrant authorizing the taking of those measures.

  • Marginal note:Condition for issuance

    (3.3) The judge may issue the warrant referred to in subsection (3.2) only if he or she is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms.

  • Marginal note:Warrant — Canadian law

    (3.4) The Service may take measures under subsection (1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.1.

  • Marginal note:Notification of Review Agency

    (3.5) The Service shall, after taking measures under subsection (1), notify the Review Agency of the measures as soon as the circumstances permit.

  • Marginal note:Clarification

    (4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power.

Marginal note:Prohibited conduct

  •  (1) In taking measures to reduce a threat to the security of Canada, the Service shall not

    • (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual;

    • (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice;

    • (c) violate the sexual integrity of an individual;

    • (d) subject an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture;

    • (e) detain an individual; or

    • (f) cause the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual.

  • (2) [Repealed, 2019, c. 13, s. 99]

Marginal note:Security assessments

  •  (1) The Service may provide security assessments to departments of the Government of Canada.

  • Marginal note:Arrangements with provinces

    (2) The Service may, with the approval of the Minister, enter into an arrangement with

    • (a) the government of a province or any department thereof, or

    • (b) any police force in a province, with the approval of the Minister responsible for policing in the province,

    authorizing the Service to provide security assessments.

  • Marginal note:Arrangements with foreign states

    (3) The Service may, with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof authorizing the Service to provide the government, institution or organization with security assessments.

  • R.S., 1985, c. C-23, s. 13
  • 1995, c. 5, s. 25

Marginal note:Advice to Ministers

 The Service may

  • (a) advise any minister of the Crown on matters relating to the security of Canada, or

  • (b) provide any minister of the Crown with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act.

  • R.S., 1985, c. C-23, s. 14
  • 2001, c. 27, s. 223

Marginal note:Investigations

  •  (1) The Service may conduct such investigations as are required for the purpose of providing security assessments pursuant to section 13 or advice pursuant to section 14.

  • Marginal note:No territorial limit

    (2) For greater certainty, the Service may conduct the investigations referred to in subsection (1) within or outside Canada.

  • R.S., 1985, c. C-23, s. 15
  • 2015, c. 9, s. 4

Marginal note:Collection of information concerning foreign states and persons

  •  (1) Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of

    • (a) any foreign state or group of foreign states; or

    • (b) any person other than

      • (i) a Canadian citizen,

      • (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or

      • (iii) a corporation incorporated by or under an Act of Parliament or of the legislature of a province.

  • Marginal note:Limitation

    (2) The assistance provided pursuant to subsection (1) shall not be directed at any person referred to in subparagraph (1)(b)(i), (ii) or (iii).

  • Marginal note:Personal consent of Ministers required

    (3) The Service shall not perform its duties and functions under subsection (1) unless it does so

    • (a) on the personal request in writing of the Minister of National Defence or the Minister of Foreign Affairs; and

    • (b) with the personal consent in writing of the Minister.

  • R.S., 1985, c. C-23, s. 16
  • 1995, c. 5, s. 25
  • 2001, c. 27, s. 224
  • 2015, c. 3, s. 34(F), c. 9, s. 5(F)

Marginal note:Cooperation

  •  (1) For the purpose of performing its duties and functions under this Act, the Service may,

    • (a) with the approval of the Minister, enter into an arrangement or otherwise cooperate with

      • (i) any department of the Government of Canada or the government of a province or any department thereof, or

      • (ii) any police force in a province, with the approval of the Minister responsible for policing in the province; or

    • (b) with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof.

  • Marginal note:Copies of arrangements to Review Agency

    (2) Where a written arrangement is entered into pursuant to subsection (1) or subsection 13(2) or (3), a copy thereof shall be given forthwith to the Review Agency.

Marginal note:Offence to disclose identity

  •  (1) Subject to subsection (2), no person shall knowingly disclose any information that they obtained or to which they had access in the course of the performance of their duties and functions under this Act or their participation in the administration or enforcement of this Act and from which could be inferred the identity of an employee who was, is or is likely to become engaged in covert operational activities of the Service or the identity of a person who was an employee engaged in such activities.

  • Marginal note:Exceptions

    (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this Act or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law or in the circumstances described in any of paragraphs 19(2)(a) to (d).

  • Marginal note:Offence

    (3) Every one who contravenes subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-23, s. 18
  • 2015, c. 9, s. 6

Marginal note:Purpose of section — human sources

  •  (1) The purpose of this section is to ensure that the identity of human sources is kept confidential in order to protect their life and security and to encourage individuals to provide information to the Service.

  • Marginal note:Prohibition on disclosure

    (2) Subject to subsections (3) and (8), no person shall, in a proceeding before a court, person or body with jurisdiction to compel the production of information, disclose the identity of a human source or any information from which the identity of a human source could be inferred.

  • Marginal note:Exception — consent

    (3) The identity of a human source or information from which the identity of a human source could be inferred may be disclosed in a proceeding referred to in subsection (2) if the human source and the Director consent to the disclosure of that information.

  • Marginal note:Application to judge

    (4) A party to a proceeding referred to in subsection (2), an amicus curiae who is appointed in respect of the proceeding or a person who is appointed to act as a special advocate if the proceeding is under the Immigration and Refugee Protection Act may apply to a judge for one of the following orders if it is relevant to the proceeding:

    • (a) an order declaring that an individual is not a human source or that information is not information from which the identity of a human source could be inferred; or

    • (b) if the proceeding is a prosecution of an offence, an order declaring that the disclosure of the identity of a human source or information from which the identity of a human source could be inferred is essential to establish the accused’s innocence and that it may be disclosed in the proceeding.

  • Marginal note:Contents and service of application

    (5) The application and the applicant’s affidavit deposing to the facts relied on in support of the application shall be filed in the Registry of the Federal Court. The applicant shall, without delay after the application and affidavit are filed, serve a copy of them on the Attorney General of Canada.

  • Marginal note:Attorney General of Canada

    (6) Once served, the Attorney General of Canada is deemed to be a party to the application.

  • Marginal note:Hearing

    (7) The hearing of the application shall be held in private and in the absence of the applicant and their counsel, unless the judge orders otherwise.

  • Marginal note:Order — disclosure to establish innocence

    (8) If the judge grants an application made under paragraph (4)(b), the judge may order the disclosure that the judge considers appropriate subject to any conditions that the judge specifies.

  • Marginal note:Effective date of order

    (9) If the judge grants an application made under subsection (4), any order made by the judge does not take effect until the time provided to appeal the order has expired or, if the order is appealed and is confirmed, until either the time provided to appeal the judgement confirming the order has expired or all rights of appeal have been exhausted.

  • Marginal note:Confidentiality

    (10) The judge shall ensure the confidentiality of the following:

    • (a) the identity of any human source and any information from which the identity of a human source could be inferred; and

    • (b) information and other evidence provided in respect of the application if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person.

  • Marginal note:Confidentiality on appeal

    (11) In the case of an appeal, subsection (10) applies, with any necessary modifications, to the court to which the appeal is taken.

  • 2015, c. 9, s. 7
 
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