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

Report to Parliament

Marginal note:Report

• 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.

PART IIJudicial Control

Marginal note:Preservation order

• 20.3 (1) The Director or any employee who is designated by the Director for the purpose may make an application to a judge for a preservation order under this section.

• Marginal note:Making of order

  (2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to preserve any information, record or document — regardless of medium or form — or thing that is in their possession or control when they receive the order, if the judge is satisfied by information on oath in Form 1 of Schedule 2 that

  • (a) there are reasonable grounds to suspect that the information, record, document or thing is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16;

  • (b) the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing; and

  • (c) the Director or an employee who is designated by the Director for the purpose intends to apply or has applied for a production order under section 20.4 or a warrant under section 21 or 22.21 to obtain the information, record, document or thing or, under section 23, to remove a thing.

• Marginal note:Form 2

  (3) The order is to be made in Form 2 of Schedule 2.

• Marginal note:Preservation outside Canada

  (4) The order may be made in respect of information, records, documents or things located outside Canada, with any modifications that the circumstances require.

• Marginal note:Measures

  (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

• Marginal note:Expiry of order

  (6) The order expires 90 days after the day on which it is made.

• Marginal note:Notification of Minister

  (7) The Director shall notify the Minister that an application for an order has been made under this section as soon as feasible after the application is made.

Marginal note:Production order

• 20.4 (1) The Director or an employee who is designated by the Minister for the purpose may, after having obtained the Minister’s approval, make an application to a judge for a production order under this section.

• Marginal note:Making of order

  (2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to produce any information, record or document — regardless of medium or form — that is in their possession or control when they receive the order if the judge is satisfied by information on oath in Form 3 of Schedule 2 that there are reasonable grounds to believe that the information, record or document is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16.

• Marginal note:Form 4

  (3) The order is to be made in Form 4 of Schedule 2.

• Marginal note:Production outside Canada

  (4) The order may be made in respect of information, records or documents located outside Canada, with any modifications that the circumstances require.

• Marginal note:Measures

  (5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

Marginal note:Revocation or variation of production order

• 20.5 (1) Before they produce any information, record or document that they are required to produce under an order made under section 20.4, a person or entity may apply in writing to a judge to revoke or vary the order.

• Marginal note:Notice required

  (2) The person or entity may make the application only if they give notice of their intention to do so to a judge and to an employee in Form 5 of Schedule 2 within 14 days after the day on which the order is served.

• Marginal note:No obligation to produce

  (3) The person or entity is not required to produce the information, record or document until a final decision is made with respect to the application.

• Marginal note:Revocation or variation of order

  (4) The judge may revoke or vary the order if satisfied that

  • (a) it is unreasonable in the circumstances to require the applicant to produce the information, record or document; or

  • (b) production of the information, record or document would disclose information that is privileged or otherwise protected from disclosure by law.

Marginal note:Clarification — voluntary preservation or production

• 20.6 (1) For greater certainty, the Service may request that a person or entity voluntarily preserve any information, record, document or thing, or voluntarily produce any information, record or document to the Service, without needing to obtain a preservation or production order so long as the person or entity is not prohibited by law from preserving or producing the information, record, document or thing, as the case may be, and the Service may collect it under section 12 or 16.

• Marginal note:Clarification — other collection authorities

  (2) For greater certainty, the fact that a preservation order or production order may be made under section 20.3 or 20.4 does not affect the Service’s authority to collect any information, record, document or thing under any other provision of this Act.

Marginal note:No civil or criminal liability

20.7 No criminal or civil proceedings lie against a person who voluntarily preserves any information, record, document or thing, or voluntarily produces any information, record or document, following a request from the Service in the circumstances described in subsection 20.6(1), or against a person acting on behalf of an entity that receives such a request.

Marginal note:Destruction of preserved elements — preservation order

• 20.8 (1) A person or entity that is subject to a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section as soon as feasible after the order expires, unless they are subject to a new preservation order, a production order made under section 20.4 or a warrant issued under section 21, 22.21 or 23 with respect to the information, record, document or thing, as the case may be.

• Marginal note:Destruction of preserved elements — production order

  (2) A person or entity that is subject to a production order made under section 20.4 with respect to any information, record or document that they preserved under a preservation order made under section 20.3 shall destroy the information, record or document that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record or document under that section as soon as feasible after the earlier of

  • (a) the day on which the production order is revoked; and

  • (b) the day on which the information, record or document, or document prepared for the purpose of preserving the information, record or document, is produced under the production order.

• Marginal note:Destruction of preserved elements — warrant

  (3) Despite subsections (1) and (2), a person or entity that preserved any information, record, document or thing under a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section when the information, record, document or thing, or document prepared for the purpose of preserving the information, record, document or thing, is obtained under a warrant issued under section 21 or 22.21 or when a thing is removed in accordance with a warrant issued under section 23.

Marginal note:Application for warrant

• 21 (1) If 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, within or outside Canada, 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 Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

• (1.1) [Repealed, 2024, c. 16, s. 38]

• Marginal note:Matters to be specified in application for warrant

  (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;

  • (d.1) [Repealed, 2024, c. 16, s. 38]

  • (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 under subsection (1) or 22.21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

• Marginal note:Issuance of warrant

  (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.

• (3.01) [Repealed, 2024, c. 16, s. 38]

• Marginal note:Activities outside Canada

  (3.1) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada.

• Marginal note:Information or intelligence outside Canada

  (3.2) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and function under section 16, a judge may, in a warrant issued under subsection (3), authorize the collection, from within Canada, of information or intelligence that is located outside Canada.

• Marginal note:Matters to be specified in warrant

  (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;

  • (d.1) [Repealed, 2024, c. 16, s. 38]

  • (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.

• (4.1) [Repealed, 2024, c. 16, s. 38]

• Marginal note:Maximum duration of warrant

  (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.

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).

• Marginal note:Matters to be specified in application

  (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by the applicant’s affidavit deposing to the following matters:

  • (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 take measures to reduce a threat to the security of Canada;

  • (b) the measures proposed to be taken;

  • (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;

  • (d) the identity of the persons, if known, who are directly affected by the proposed measures;

  • (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 60 days or 120 days, as the case may be, for which the warrant is requested to be in force that is applicable by virtue of subsection (6); and

  • (h) any previous application made under subsection (1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

• Marginal note:Issuance of warrant

  (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,

  • (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;

  • (c) to install, maintain or remove any thing; or

  • (d) to do any other thing that is reasonably necessary to take those measures.

• Marginal note:Measures taken outside Canada

  (4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize the measures specified in it to be taken outside Canada.

• Marginal note:Matters to be specified in warrant

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

  • (a) the measures authorized to be taken;

  • (b) the identity of the persons, if known, who are directly affected by the measures;

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

• Marginal note:Maximum duration of warrant

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

  • (a) 60 days if the warrant is issued to enable the Service to take measures to reduce a threat to the security of Canada within the meaning of paragraph (d) of the definition threats to the security of Canada in section 2; or

  • (b) 120 days in any other case.