National Defence Act

Marginal note:Ministerial authorization

• 273.65 (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

• Marginal note:Conditions for authorization

  (2) The Minister may only issue an authorization under subsection (1) if satisfied that

  • (a) the interception will be directed at foreign entities located outside Canada;

  • (b) the information to be obtained could not reasonably be obtained by other means;

  • (c) the expected foreign intelligence value of the information that would be derived from the interception justifies it; and

  • (d) satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

• Marginal note:Ministerial authorization

  (3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

• Marginal note:Conditions for authorization

  (4) The Minister may only issue an authorization under subsection (3) if satisfied that

  • (a) the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;

  • (b) the information to be obtained could not reasonably be obtained by other means;

  • (c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained;

  • (d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and

  • (e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

• Marginal note:Ministerial conditions

  (5) An authorization made under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information derived from the private communications.

• Marginal note:Canadian Forces

  (6) The Minister of National Defence may issue directions for the Canadian Forces to support the Establishment in carrying out activities authorized under this section.

• Marginal note:Directions not statutory instruments

  (7) Authorizations issued under subsections (1) and (3) and directions issued under subsection (6) are not statutory instruments within the meaning of the Statutory Instruments Act.

• (8) [Repealed, 2019, c. 13, s. 69]

• Marginal note:Meaning of Government of Canada

  (9) In this section, Government of Canada means a federal institution, as defined in subsection 3(1) of the Official Languages Act.