Canadian Security Intelligence Service 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.