Canadian Security Intelligence Service Act

Marginal note:Query of datasets — exigent circumstances

• 11.22 (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.