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

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Act current to 2024-10-30 and last amended on 2024-06-20. Previous Versions

PART IIJudicial Control (continued)

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,
- (a) issue a direction;
- (b) make an order; or
- (c) take any other measure that the judge considers appropriate in the circumstances.
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.

2019, c. 13, s. 107

Marginal note:Regulations

28 The Governor in Council may make regulations

(a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1, 22.21 or 23;
(b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1, 22.21 or 23, for renewals of those warrants and for orders that may be made under section 20.3, 20.4 or 22.3;
(b.1) governing the practice and procedure of, and security requirements applicable to, other matters that arise out of the performance by the Service of its duties and functions under this Act and over which the Chief Justice of the Federal Court or a judge is presiding;
(b.2) governing the practice and procedure of, and security requirements applicable to, hearings of applications for the revocation or variation of a production order under section 20.5; 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
2015, c. 20, s. 49
2019, c. 13, s. 108
2024, c. 16, s. 43

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PART IIIParliamentary Review

Marginal note:Five-year review

29 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.