Canadian Security Intelligence Service Act

Marginal note:Warrant authorizing removal

• 23 (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 remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.1 or 22.21, the Director or employee may make an application in accordance with subsection (2) to a judge for a warrant under this section.

• 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:

  • (a) a general description of the thing to be removed;

  • (b) the facts relied on to justify the belief, on reasonable grounds, that the thing is in the place;

  • (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised;

  • (d) the identity of the person, if known, who possesses the thing;

  • (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; and

  • (g) the period for which the warrant is requested to be in force.

• 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 paragraph (2)(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose,

  • (a) to enter any place or open or obtain access to any other thing;

  • (b) to search for the thing; or

  • (c) to install, maintain, remove, return or examine any other thing.

• Marginal note:Matters to be specified in warrant

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

  • (a) a general description of the thing authorized to be removed and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose;

  • (b) the identify of the person, if known, who possesses the thing;

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