Communications Security Establishment Act (S.C. 2019, c. 13, s. 76)

Marginal note:Assistance or disclosure of information — no presumptions

56 The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption

• (a) that the Establishment is conducting a joint investigation or decision-making process with the entity to which assistance is provided or information is disclosed and therefore has the same obligations, if any, as the entity to disclose or produce information for the purposes of a proceeding; or

• (b) there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an entity that is not a federal institution.

Marginal note:Access to Information Act

57 For the purposes of the Access to Information Act, if any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.

Marginal note:Privacy Act

58 For the purposes of the Privacy Act, if any personal information, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control.

Marginal note:Annual Report

59 The Establishment must, within three months after the end of each fiscal year, publish an annual report on its activities during that fiscal year.

Regulations

Marginal note:Regulations

60 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations

• (a) respecting the management and control of the Establishment, including security on and around the Establishment’s premises, access to its premises, the search of persons on or around its premises and the search and seizure of items on or around its premises;

• (b) respecting the measures referred to in section 24 to protect the privacy of Canadians and of persons in Canada; and

• (c) amending the definition of any term defined in section 2 or subsection 23(5) or 44(3) to respond, directly or indirectly, to any technological change.