C-23

An Act to establish the Canadian Security Intelligence Service

1. This Act may be cited as the Canadian Security Intelligence Service Act.

1984, c. 21, s. 1.

2. In this Act,

“department”, in relation to the government of Canada or of a province, includes

(a) any portion of a department of the Government of Canada or of the province, and

(b) any Ministry of State, institution or other body of the Government of Canada or of the province or any portion thereof;

“Deputy Minister” means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness;

“Director” means the Director of the Service;

“employee” means a person who is appointed as an employee of the Service pursuant to subsection 8(1) or has become an employee of the Service pursuant to subsection 66(1) of the Canadian Security Intelligence Service Act, chapter 21 of the Statutes of Canada, 1984, and includes a person who is attached or seconded to the Service as an employee;

“foreign state” means any state other than Canada;

“Inspector General” means the Inspector General appointed pursuant to subsection 30(1);

“intercept” has the same meaning as in section 183 of the Criminal Code;

“judge” means a judge of the Federal Court designated by the Chief Justice thereof for the purposes of this Act;

“Minister” means the Minister of Public Safety and Emergency Preparedness;

“place” includes any conveyance;

“Review Committee” means the Security Intelligence Review Committee established by subsection 34(1);

“security assessment” means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual;

“Service” means the Canadian Security Intelligence Service established by subsection 3(1);

“threats to the security of Canada” means

(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d).

R.S., 1985, c. C-23, s. 2; 2001, c. 41, s. 89; 2005, c. 10, s. 13.

3. (1) The Canadian Security Intelligence Service is hereby established, consisting of the Director and employees of the Service.

(2) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

(3) The Director may, with the approval of the Minister, establish other offices of the Service elsewhere in Canada.

1984, c. 21, s. 3.

4. (1) The Governor in Council shall appoint the Director of the Service.

(2) The Director shall be appointed to hold office during pleasure for a term not exceeding five years.

(3) Subject to subsection (4), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years.

(4) No person shall hold office as Director for terms exceeding ten years in the aggregate.

(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.

1984, c. 21, s. 4.

5. (1) The Director is entitled to be paid a salary to be fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the Director in the performance of duties and functions under this Act.

(2) The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Director, except that a person appointed as Director from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided by the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Director from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

R.S., 1985, c. C-23, s. 5; 2003, c. 22, s. 225(E).

6. (1) The Director, under the direction of the Minister, has the control and management of the Service and all matters connected therewith.

(2) In providing the direction referred to in subsection (1), the Minister may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Committee.

(3) Directions issued by the Minister under subsection (2) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

1984, c. 21, s. 6.

7. (1) The Director shall consult the Deputy Minister on

(a) the general operational policies of the Service; and

(b) any matter with respect to which consultation is required by directions issued under subsection 6(2).

(2) The Director or any employee designated by the Minister for the purpose of applying for a warrant under section 21 or 23 shall consult the Deputy Minister before applying for the warrant or the renewal of the warrant.

(3) The Deputy Minister shall advise the Minister with respect to directions issued under subsection 6(2) or that should, in the opinion of the Deputy Minister, be issued under that subsection.

1984, c. 21, s. 7.

8. (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees,

(a) to provide for the terms and conditions of their employment; and

(b) subject to the regulations,

(i) to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act, and

(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) Notwithstanding the Public Service Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees.

(3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act.

(4) The Governor in Council may make regulations

(a) governing the exercise of the powers and the performance of the duties and functions of the Director referred to in subsection (1); and

(b) in relation to employees to whom subsection (2) applies, governing their conduct and discipline and the presentation, consideration and adjudication of grievances.

R.S., 1985, c. C-23, s. 8; 2003, c. 22, ss. 143, 234.

9. (1) Notwithstanding the Public Service 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) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act.

(2) Employees of the Service shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

R.S., 1985, c. C-23, s. 9; 2003, c. 22, ss. 144(E), 225(E).

9.1 [Repealed, 2003, c. 22, s. 145]

10. The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in the schedule.

1984, c. 21, s. 10.

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.

1984, c. 21, s. 11.

12. The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada.

1984, c. 21, s. 12.

13. (1) The Service may provide security assessments to departments of the Government of Canada.

(2) The Service may, with the approval of the Minister, enter into an arrangement with

(a) the government of a province or any department thereof, or

(b) any police force in a province, with the approval of the Minister responsible for policing in the province,

authorizing the Service to provide security assessments.

(3) The Service may, with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof authorizing the Service to provide the government, institution or organization with security assessments.

R.S., 1985, c. C-23, s. 13; 1995, c. 5, s. 25.

14. The Service may

(a) advise any minister of the Crown on matters relating to the security of Canada, or

(b) provide any minister of the Crown with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act.

R.S., 1985, c. C-23, s. 14; 2001, c. 27, s. 223.

15. The Service may conduct such investigations as are required for the purpose of providing security assessments pursuant to section 13 or advice pursuant to section 14.

1984, c. 21, s. 15.

16. (1) Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of

(a) any foreign state or group of foreign states; or

(b) any person other than

(i) a Canadian citizen,

(ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or

(iii) a corporation incorporated by or under an Act of Parliament or of the legislature of a province.

(2) The assistance provided pursuant to subsection (1) shall not be directed at any person referred to in subparagraph (1)(b)(i), (ii) or (iii).

(3) The Service shall not perform its duties and functions under subsection (1) unless it does so

(a) on the personal request in writing of the Minister of National Defence or the Minister of Foreign Affairs; and

(b) with the personal consent in writing of the Minister.

R.S., 1985, c. C-23, s. 16; 1995, c. 5, s. 25; 2001, c. 27, s. 224.

17. (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.

(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 Committee.

R.S., 1985, c. C-23, s. 17; 1995, c. 5, s. 25.

18. (1) Subject to subsection (2), no person shall disclose any information that the person obtained or to which the person had access in the course of the performance by that person of duties and functions under this Act or the participation by that person in the administration or enforcement of this Act and from which the identity of

(a) any other person who is or was a confidential source of information or assistance to the Service, or

(b) any person who is or was an employee engaged in covert operational activities of the Service

can be inferred.

(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).

(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.

1984, c. 21, s. 18.

19. (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.

(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.

(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 Committee with respect to the disclosure.

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

20. (1) The Director and employees have, in performing the duties and functions of the Service under this Act, the same protection under the law as peace officers have in performing their duties and functions as peace officers.

(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.

(3) The Minister shall cause to be given to the Attorney General of Canada a copy of any report that he receives pursuant to subsection (2), together with any comment that he considers appropriate in the circumstances.

(4) A copy of anything given to the Attorney General of Canada pursuant to subsection (3) shall be given forthwith to the Review Committee.

1984, c. 21, s. 20.

21. (1) Where the Director or any employee designated by the Minister for the purpose believes, 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, the Director or employee may, after having obtained the approval of the Minister, make an application in accordance with subsection (2) to a judge for a warrant under this section.

(2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters, namely,

(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;

(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

(h) any previous application made in relation to a person identified in the affidavit pursuant to paragraph (d), the date on which the application was made, the name of the judge to whom each application was made and the decision of the judge thereon.

(3) Notwithstanding any other law but subject to the Statistics Act, where the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraphs (2)(a) and (b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to intercept any communication or obtain any information, record, document or thing and, for that purpose,

(a) to enter any place or open or obtain access to any thing;

(b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or

(c) to install, maintain or remove any thing.

(4) There shall be specified in a warrant issued under subsection (3)

(a) the type of communication authorized to be intercepted, the type of information, records, documents or things authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

(b) the identity of the person, if known, whose communication is to be intercepted or who has possession of the information, record, document or thing to be obtained;

(c) the persons or classes of persons to whom the warrant is directed;

(d) a general description of the place where the warrant may be executed, if a general description of that place can be given;

(e) the period for which the warrant is in force; and

(f) such terms and conditions as the judge considers advisable in the public interest.

(5) A warrant shall not be issued under subsection (3) for a period exceeding

(a) sixty days where the warrant is issued to enable the Service to investigate a threat to the security of Canada within the meaning of paragraph (d) of the definition of that expression in section 2; or

(b) one year in any other case.

1984, c. 21, s. 21.

22. On application in writing to a judge for the renewal of a warrant issued under subsection 21(3) made by a person entitled to apply for such a warrant after having obtained the approval of the Minister, the judge may, from time to time, renew the warrant for a period not exceeding the period for which the warrant may be issued pursuant to subsection 21(5) if satisfied by evidence on oath that

(a) the warrant continues to be required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16; and

(b) any of the matters referred to in paragraph 21(2)(b) are applicable in the circumstances.

1984, c. 21, s. 22.

23. (1) On application in writing by the Director or any employee designated by the Minister for the purpose, a judge may, if the judge thinks fit, issue a warrant authorizing the persons to whom the warrant is directed to remove from any place any thing installed pursuant to a warrant issued under subsection 21(3) and, for that purpose, to enter any place or open or obtain access to any thing.

(2) There shall be specified in a warrant issued under subsection (1) the matters referred to in paragraphs 21(4)(c) to (f).

1984, c. 21, s. 23.

24. Notwithstanding any other law, a warrant issued under section 21 or 23

(a) authorizes every person or person included in a class of persons to whom the warrant is directed,

(i) in the case of a warrant issued under section 21, to exercise the powers specified in the warrant for the purpose of intercepting communications of the type specified therein or obtaining information, records, documents or things of the type specified therein, or

(ii) in the case of a warrant issued under section 23, to execute the warrant; and

(b) authorizes any other person to assist a person who that other person believes on reasonable grounds is acting in accordance with such a warrant.

1984, c. 21, s. 24.

25. No action lies under section 18 of the Crown Liability and Proceedings Act in respect of

(a) the use or disclosure pursuant to this Act of any communication intercepted under the authority of a warrant issued under section 21; or

(b) the disclosure pursuant to this Act of the existence of any such communication.

R.S., 1985, c. C-23, s. 25; 1993, c. 34, s. 49.

26. Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or in relation to any communication so intercepted.

1984, c. 21, s. 26.

27. An application under section 21, 22 or 23 to a judge for a warrant or the renewal of a warrant shall be heard in private in accordance with regulations made under section 28.

1984, c. 21, s. 27.

28. The Governor in Council may make regulations

(a) prescribing the forms of warrants that may be issued under section 21 or 23;

(b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for those warrants and for renewals of those warrants; and

(c) notwithstanding the Federal Courts Act and any rules made thereunder, specifying the places where those hearings may be held and the places where, and the manner in which, records or documents concerning those hearings shall be kept.

R.S., 1985, c. C-23, s. 28; 2002, c. 8, s. 182.