National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
PART 4R.S., c. C-23Canadian Security Intelligence Service Act (continued)
Amendments to the Act (continued)
102 (1) Section 21 of the Act is amended by adding the following after subsection (1):
Marginal note:Retention of information — incidental collection
(1.1) The applicant may, in an application made under subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset.
(2) Subsection 21(2) of the Act is amended by adding the following after paragraph (d):
(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;
(3) Section 21 of the Act is amended by adding the following after subsection (3):
Marginal note:Retention of information
(3.01) If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.1), in order to constitute a dataset.
(4) Subsection 21(4) of the Act is amended by adding the following after paragraph (d):
(d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);
(5) Section 21 of the Act is amended by adding the following after subsection (4):
Marginal note:Datasets
(4.1) If the Service is authorized to retain information in accordance with subsection (1.1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.05 on the first day of the period for which the warrant is in force.
103 (1) Subsection 21.1(1) of the Act is replaced by the following:
Marginal note:Application for warrant — measures to reduce threats to security of Canada
21.1 (1) If the Director or any employee who is designated by the Minister for the purpose believes on reasonable grounds that a warrant under this section is required to enable the Service to take measures referred to in subsection (1.1), within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.
Marginal note:Measures
(1.1) For the purpose of subsection (1), the measures are the following:
(a) altering, removing, replacing, destroying, disrupting or degrading a communication or means of communication;
(b) altering, removing, replacing, destroying, degrading or providing — or interfering with the use or delivery of — any thing or part of a thing, including records, documents, goods, components and equipment;
(c) fabricating or disseminating any information, record or document;
(d) making or attempting to make, directly or indirectly, any financial transaction that involves or purports to involve currency or a monetary instrument;
(e) interrupting or redirecting, directly or indirectly, any financial transaction that involves currency or a monetary instrument;
(f) interfering with the movement of any person, excluding the detention of an individual; and
(g) personating a person, other than a police officer, in order to take a measure referred to in any of paragraphs (a) to (f).
(2) Paragraph 21.1(2)(c) of the Act is replaced by the following:
(c) the reasonableness and proportionality, in the circumstances, of the proposed measures, 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;
104 Paragraph 22.1(1)(b) of the Act is replaced by the following:
(b) the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, 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.
105 Section 22.2 of the Act is replaced by the following:
Marginal note:Limits on execution of warrant
22.2 A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, 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.
106 Subsection 24.1(1) of the Act is replaced by the following:
Marginal note:Authorization to request assistance
24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy.
107 Section 27 of the Act is replaced by the following:
Marginal note:Hearing of applications
27 An application for a judicial authorization under section 11.13, an application under section 21, 21.1 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be heard in private in accordance with regulations made under section 28.
Marginal note:Report — datasets
27.1 (1) For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.11 and 11.2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report prepared under section 35 of the National Security and Intelligence Review Agency Act, as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4).
Marginal note:Professional secrecy
(2) The Review Agency shall take appropriate steps to ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.
Marginal note:Filing with Federal Court
(3) The Director shall, as soon as feasible after receiving this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section.
Marginal note:Review
(4) A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law.
Marginal note:Measures by Judge
(5) The judge may, respecting the review and determination that is made under this section,
Marginal note:Private hearing
(6) Any hearing held for the purposes of this section shall be held in private in accordance with regulations made under section 28.
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