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

Act current to 2019-12-03 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

Duties and Functions of Service (continued)

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.

  • R.S., 1985, c. C-23, s. 17
  • 1995, c. 5, s. 25
  • 2019, c. 13, s. 23

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

Marginal note:Exemption — employees

  •  (1) No employee is guilty of an offence by reason only that the employee, in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

  • Marginal note:Exemption — other persons

    (2) No person is guilty of an offence by reason only that the person, under the direction of an employee and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine.

  • Marginal note:Exemption — section 368.1 of Criminal Code

    (3) No employee is guilty of an offence under section 368.1 of the Criminal Code if the acts alleged to constitute the offence were committed by the employee in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity.

  • Marginal note:Definition of false document

    (4) In subsections (1) and (2), false document has the same meaning as in section 321 of the Criminal Code.

  • 2019, c. 13, s. 100

Marginal note:Authorized disclosure of information

  •  (1) Information obtained in the performance of the duties and functions of the Service under this Act shall not be disclosed by the Service except in accordance with this section.

  • Marginal note:Idem

    (2) The Service may disclose information referred to in subsection (1) for the purposes of the performance of its duties and functions under this Act or the administration or enforcement of this Act or as required by any other law and may also disclose such information,

    • (a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada or a province, to a peace officer having jurisdiction to investigate the alleged contravention and to the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged contravention may be taken;

    • (b) where the information relates to the conduct of the international affairs of Canada, to the Minister of Foreign Affairs or a person designated by the Minister of Foreign Affairs for the purpose;

    • (c) where the information is relevant to the defence of Canada, to the Minister of National Defence or a person designated by the Minister of National Defence for the purpose; or

    • (d) where, in the opinion of the Minister, disclosure of the information to any minister of the Crown or person in the federal public administration is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that minister or person.

  • Marginal note:Report to Review Agency

    (3) The Director shall, as soon as practicable after a disclosure referred to in paragraph (2)(d) is made, submit a report to the Review Agency with respect to the disclosure.

  • R.S., 1985, c. C-23, s. 19
  • 1995, c. 5, s. 25
  • 2003, c. 22, s. 224(E)
  • 2019, c. 13, s. 23
 
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