canadian security intelligence service act

Section 33 deals with the requirements for security certificates submitted by the Inspector General, CSIS to the Solicitor General of Canada, and Section 40 vests the Security Intelligence Review Committee with authority to compel reviews ... (c) in respect of a foreign dataset, remove any information from the dataset that by its nature or attributes relates to a Canadian or a person in Canada. 18.1 (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. Notes : See coming into force provision and notes, where applicable. 111 If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day. (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 sections 12, 12.1 and 15. (2) An application for a judicial authorization shall be made in writing and shall set out the following: (a) the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied; (b) a description of the information that is contained in the dataset; (c) if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates; (d) any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel; (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision; (f) if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results. (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. On July 16, the Federal Court—Canada's national trial court—made public a decision that addressed the legality of certain operations conducted by the Canadian Security Intelligence Service (CSIS), the country's national intelligence service. (e) the nature of the acts or omissions that were committed under the designations referred to in paragraph (a) or that were directed to be committed under the authorizations referred to in paragraph (b) or in accordance with paragraph (15)(b). Marginal note:Minister may issue directions. Act current to 2021-09-11 and last amended on 2019-07-13. Marginal note:Definition of false document. Canadian Security Intelligence Service Act. 11.19 (1) Subject to subsection (2), if the Minister or the designated person under section 11.17, or the Commissioner under the Intelligence Commissioner Act, does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request. (b) any threats to the security of Canada that may be the object of information and intelligence collection activities or any objectives to be achieved by such activities. (5) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint another person to hold office instead of the Director for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Director under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council. (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. 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. (2) If the Director is of the opinion that an employee may, on a particular occasion, have acted unlawfully in the purported performance of the duties and functions of the Service under this Act, the Director shall cause to be submitted a report in respect thereof to the Minister. The Government of Canada is committed to addressing threats to national security and protecting rights and freedoms. (a) the number of designations that were made under subsection (8); (b) the number of authorizations that were given under subsection (12); (c) the number of times that designated employees directed the commission of acts or omissions in accordance with paragraph (15)(b); (d) the nature of the threats to the security of Canada that were the object of the information and intelligence collection activities in the context of which the designations referred to in paragraph (a) were made, the authorizations referred to in paragraph (b) were given or the acts or omissions referred to in paragraph (c) were directed to be committed; and. 19 (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (f) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; 19 (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency: (a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and. (b) any matter with respect to which consultation is required by directions issued under subsection 6(2). Canadian Security Intelligence Service Act (3) Subsection (1) does not apply to the Canadian Security Intelligence Service in respect of any information that relates to the performance of its duties and functions under section 12 of the Canadian Security Intelligence Service Act. Turkish media, citing security sources, continue to report that the foreign agency in question is the Canadian Security Intelligence Service. It repeals the provisions of the Canadian Security Intelligence Service Act establishing the Security Intelligence Re- (e) any terms and conditions that the Minister or designated person considers advisable in the public interest. Found inside – Page 68... Bill C-157, the Canadian Security Intelligence Service Act (CSIS Act)45 highlighted the differences between security intelligence and law enforcement: ... (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. (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. (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. (2) The Director shall be appointed to hold office during pleasure for a term not exceeding five years. (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act. (2.1) The Director or any employee who is designated under subsection 11.04(1) for the purpose of applying for a judicial authorization referred to in section 11.12 shall consult the Deputy Minister before applying for the judicial authorization. 20.2 (1) The Service shall, within three months after the end of each calendar year, submit to the Minister a report of the activities of the Service during the preceding calendar year, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Get this from a library! This is what one legal mind says following the Federal Court's refusal to grant a warrant to the Canadian Security Intelligence Service (CSIS) for "extraterritorial" activities that are forbidden under provisions . (3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (c) that are set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to take the measures specified in it and, for that purpose. 11 A certificate purporting to be issued by or under the authority of the Director and stating that the person to whom it is issued is an employee or is a person, or a person included in a class of persons, to whom a warrant issued under section 21 or 23 is directed is evidence of the statements contained therein and is admissible in evidence without proof of the signature or official character of the person purporting to have issued it. Marginal note:Canadian Charter of Rights and Freedoms. Canadian Security Intelligence Service Act Canadian Foreign Intelligence Agency Act R.S. (b) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act. Canada's national security interests have been enforced by the Canadian Security Intelligence Service (CSIS) since 1984. Subsection 11.07(6) does not apply to the dataset during that period of suspension. (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16; (b) that other investigative procedures have been tried and have failed or why it appears that they are unlikely to succeed, that the urgency of the matter is such that it would be impractical to carry out the investigation using only other investigative procedures or that without a warrant under this section it is likely that information of importance with respect to the threat to the security of Canada or the performance of the duties and functions under section 16 referred to in paragraph (a) would not be obtained; (c) the type of communication proposed to be intercepted, the type of information, records, documents or things proposed to be obtained and the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised for that purpose; (d) the identity of the person, if known, whose communication is proposed to be intercepted or who has possession of the information, record, document or thing proposed to be obtained; (d.1) when it is anticipated that information would be incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.1 and 16; (e) the persons or classes of persons to whom the warrant is proposed to be directed; (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; (g) the period, not exceeding sixty days or one year, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (5); and. Marginal note:Taking effect of subsection (1). 22.1 (1) On application in writing to a judge for the renewal of a warrant issued under subsection 21.1(3) made by a person who is entitled, after having obtained the Minister’s approval, to apply for such a warrant and who believes on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada, the judge may renew the warrant if the judge is satisfied by evidence on oath of the following matters: (a) the facts relied on to justify the belief on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada; and. (c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period. Marginal note:Continuing obligations of Service. (g) personating a person, other than a police officer, in order to take a measure referred to in any of paragraphs (a) to (f). (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). 9 (1) Notwithstanding the Federal Public Sector Labour Relations Act, (a) the process for resolution of a dispute applicable to employees of the Service in a bargaining unit determined for the purposes of that Act is by the referral of the dispute to arbitration; and. (b) a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met. (2) The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset. (b) they believe on reasonable grounds that the person who directs them to commit the act or omission has the authority to give that direction. Canadian Security Intelligence Service Act Canadian Foreign Intelligence Agency Act R.S. Marginal note:Order — disclosure to establish innocence. See coming into force provision and notes, where applicable. Marginal note:Process for resolution of disputes of support staff. (2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada. The Canadian Security Intelligence Service (CSIS) CSIS is a government agency mandated to provide advance warning to government departments and agencies about activities that may reasonably be suspected of constituting threats to the country's security, as defined in section 2 of the CSIS Act, (i.e. (3) If the Service has not taken steps within the period referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends. 11.13 (1) A judge may authorize the retention of a Canadian dataset if he or she is satisfied that, (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16; and. (ensemble de données canadien), foreign dataset means a dataset described in paragraph 11.07(1)(c). 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