Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Marginal note:End of evaluation period — Canadian datasets

• 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset or if a dataset is deemed to be a Canadian dataset under subsection 11.07(1.1), the Service shall make an application for judicial authorization under section 11.13 as soon as feasible but no later than the 180th day referred to in subsection 11.07(1).

• Marginal note:End of evaluation period — foreign datasets

  (2) If the designated employee confirms that a dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 180th day referred to in subsection 11.07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.17.

• Marginal note:Destruction

  (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.

Marginal note:Continuing obligations of Service

• 11.1 (1) The Service shall take reasonable measures to ensure that

  • (a) any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual is deleted from a Canadian dataset or a foreign dataset;

  • (b) any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries is deleted from a Canadian dataset; and

  • (c) any information that by its nature or attributes relates to a Canadian or a person in Canada is removed from a foreign dataset.

• Marginal note:Removal

  (2) If the Service removes the information from the dataset under paragraph (1)(c), the information that was removed shall

  • (a) be destroyed without delay;

  • (b) be collected as a dataset under section 11.05; or

  • (c) be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization.

• Marginal note:Non-application

  (2.1) Subsection (2) does not apply to information that is being retained under subsection 11.21(1).

• Marginal note:Deeming

  (3) A dataset collected under paragraph (2)(b) is deemed to have been collected under section 11.05 on the day on which the information that constitutes the dataset was removed from the foreign dataset.

Marginal note:Dataset publicly available

• 11.11 (1) For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset.

• Marginal note:Retention of results of query or exploitation

  (2) The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16.

• Marginal note:Disclosure

  (3) The Service may disclose a publicly available dataset and, if it does so, section 19 does not apply to the disclosure.

Marginal note:Approval by Minister

• 11.12 (1) Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval.

• Marginal note:Approved classes

  (2) When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister

  • (a) the approved class to which the Canadian dataset belongs or to which it belonged on the day on which it was collected; and

  • (b) the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.

Marginal note:Judicial authorization

• 11.13 (1) A judge may authorize the retention of a Canadian dataset if the judge 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 and functions under section 12, 12.1, 15 or 16; and

  • (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application.

• Marginal note:Contents of application

  (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;

  • (b.1) the manner in which the Service intends to disclose 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.

Marginal note:Contents of judicial authorization

• 11.14 (1) A judicial authorization issued under section 11.13 shall specify

  • (a) a description of the dataset;

  • (b) the manner in which the Service may update the dataset;

  • (c) the period during which the judicial authorization is valid;

  • (d) any terms and conditions that the judge considers necessary respecting

    • (i) the querying or exploitation of the dataset, or

    • (ii) the destruction or retention of the dataset or a portion of it; and

  • (e) any terms and conditions that the judge considers advisable in the public interest.

• Marginal note:Disclosure of dataset

  (1.1) The judicial authorization shall also establish any terms and conditions that the judge considers necessary respecting the disclosure of the dataset by the Service.

• Marginal note:Non-application

  (1.2) Section 19 does not apply to the disclosure of the dataset.

• Marginal note:Maximum period

  (2) The judicial authorization is valid for a period of not more than five years.

Marginal note:Destruction — no judicial authorization

• 11.15 (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset.

• Marginal note:Taking effect of subsection (1)

  (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted.

• Marginal note:Destruction — absence of new application

  (3) If the Service does not request the Minister’s approval under section 11.12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

• Marginal note:New application — approval not obtained

  (3.1) If the Service requests but does not obtain the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires.

• Marginal note:New application — approval obtained

  (4) If the Service requests and obtains the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application.

• Marginal note:Limit

  (5) If the period of a judicial authorization expires, in the circumstances under subsection (3.1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

Marginal note:Designation

• 11.16 (1) The Minister may designate a person, including the Director or an employee, for the purpose of section 11.17.

• Marginal note:Limit

  (2) At any given time, only one designated person may give an authorization under subsection 11.17(1).

• Marginal note:Statutory Instruments Act

  (3) For greater certainty, the designation of a person by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Authorization

• 11.17 (1) The Minister or the designated person may, on the request of the Service, authorize the Service to retain a foreign dataset if the Minister or the designated person concludes

  • (a) that the dataset is a foreign dataset;

  • (b) that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and

  • (c) that the Service has complied with its obligations under section 11.1.

• Marginal note:Contents of authorization

  (2) The authorization given under subsection (1) shall specify

  • (a) a description of the dataset;

  • (b) the manner in which the Service may update the dataset;

  • (c) the period during which the authorization is valid;

  • (d) any terms and conditions that the Minister or designated person considers necessary respecting

    • (i) the querying or exploitation of the dataset, or

    • (ii) the destruction or retention of the dataset or a portion of it; and

  • (e) any terms and conditions that the Minister or designated person considers advisable in the public interest.

• Marginal note:Disclosure of dataset

  (2.1) The authorization shall also establish any terms and conditions that the Minister or designated person considers necessary respecting the disclosure of the dataset by the Service.

• Marginal note:Non-application

  (2.2) Section 19 does not apply to the disclosure of the dataset.

• Marginal note:Maximum period of authorization

  (3) The authorization is valid for a period of not more than 10 years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

• Marginal note:Statutory Instruments Act

  (4) For greater certainty, the authorization by the Minister or designated person under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Notification of Commissioner

11.18 The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act.

Marginal note:Destruction — no authorization

• 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.

• Marginal note:Taking effect of subsection (1)

  (2) The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted.

• Marginal note:Destruction — absence of new request

  (3) If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

• Marginal note:New request

  (4) If the Service makes a new request for an authorization under section 11.17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request.

• Marginal note:Limit

  (5) If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.