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

Marginal note:Query or exploitation of datasets

• 11.2 (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 — section 12, 12.1 or 15

  (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 section 12, 12.1 or 15.

• Marginal note:Dataset subject to approved authorization — section 12, 12.1 or 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 section 12, 12.1 or 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

• 11.21 (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 section 12.1 or 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 or exploitation in exigent circumstances

• 11.22 (1) The Director may authorize a designated employee to query or exploit 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 section 11.05; and

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

    • (i) to acquire intelligence for the purpose of preserving 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 or exploited; and

  • (c) the grounds on which the Director concludes that the query or exploitation 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 or exploitation 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.

Marginal note:Decision by Commissioner

11.23 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

• 11.24 (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 the Service’s duties and 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 the Service’s duties and 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

11.25 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 or exploitation 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 or exploitation and any actions taken after obtaining those results.

Threats to the Security of Canada

Marginal note:Collection, analysis and retention

• 12 (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.

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

• 12.1 (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 the judge 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

• 12.2 (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]

Security Assessments and Advice

Marginal note:Security assessments

• 13 (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.

Marginal note:Advice to Ministers

14 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.