GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Communications Security Establishment Act — C-35.3 11
Directions by Minister 11 (1) The Minister may issue written directions to the Chief respecting the performance of the Chief’s duties and functions. Statutory Instruments Act (2) Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.
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Personnel 12 (1) The Chief has exclusive authority to (a) appoint or lay off the Establishment’s employees, revoke their appointment or terminate their employment; and (b) establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause. Right of employer (2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).
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Powers of the Chief 13 In exercising his or her authority under subsection 12 (1), the Chief may (a) determine the human resources requirements of the Establishment and provide for the allocation and effective utilization of human resources in the Establishment; (b) provide for the classification of positions and of the Establishment’s employees; (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which the Establishment’s employees are entitled for services rendered, their hours of work and their leave and any related matters; (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to the Establishment’s employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; (e) determine the learning, training and development requirements of the Establishment’s employees and fix the terms on which the learning, training and development may be carried out; (f) provide for the awards that may be made to the Establishment’s employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; (h) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of the Establishment’s employees for reasons other than breaches of discipline or misconduct; (i) establish policies respecting the exercise of the powers granted by this section; and (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the Chief considers necessary for effective human resources management in the Establishment.
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Negotiation of collective agreements 14 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Establishment employees, the Chief must have the Establishment’s negotiating mandate approved by the President of the Treasury Board.
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Mandate 15 (1) The Establishment is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance. Aspects of the mandate (2) The Establishment’s mandate has five aspects: foreign intelligence, cybersecurity and information assurance, defensive cyber operations, active cyber operations and technical and operational assistance.
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Foreign intelligence 16 The foreign intelligence aspect of the Establishment’s mandate is to acquire, covertly or otherwise, information from or through the global information infrastructure, including by engaging or interacting with foreign entities located outside Canada or by using any other method of acquiring information, and to use, analyse and disseminate the information for the purpose of providing foreign intelligence, in accordance with the Government of Canada’s intelligence priorities.
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Cybersecurity and information assurance 17 The cybersecurity and information assurance aspect of the Establishment’s mandate is to (a) provide advice, guidance and services to help protect (i) federal institutions’ electronic information and information infrastructures, and (ii) electronic information and information infrastructures designated under subsection 21 (1) as being of importance to the Government of Canada; and (b) acquire, use and analyse information from the global information infrastructure or from other sources in order to provide such advice, guidance and services.
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Defensive cyber operations 18 The defensive cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to help protect (a) federal institutions’ electronic information and information infrastructures; and (b) electronic information and information infrastructures designated under subsection 21 (1) as being of importance to the Government of Canada.
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Active cyber operations 19 The active cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.
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Technical and operational assistance 20 The technical and operational assistance aspect of the Establishment’s mandate is to provide technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
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Designation 21 (1) The Minister may, by order, designate any electronic information, any information infrastructures or any class of electronic information or information infrastructures as electronic information or information infrastructures — as the case may be — of importance to the Government of Canada. Statutory Instruments Act (2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act .
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No activities — Canadians and persons in Canada 22 (1) Activities carried out by the Establishment in furtherance of the foreign intelligence, cybersecurity and information assurance, defensive cyber operations or active cyber operations aspects of its mandate must not be directed at a Canadian or at any person in Canada and must not infringe the Canadian Charter of Rights and Freedoms . No activities — global information infrastructure in Canada or without authorization (2) Activities carried out by the Establishment in furtherance of the defensive cyber operations or active cyber operations aspects of its mandate (a) must not be directed at any portion of the global information infrastructure that is in Canada; and (b) must not be carried out except under an authorization issued under subsection 29 (1) or 30 (1). Contravention of other Acts — foreign intelligence (3) Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 26(1) or 40(1). Contravention of other Acts — cybersecurity and information assurance (4) Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament — or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada — unless they are carried out under an authorization issued under subsection 27(1) or (2) or 40(1).
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Establishment’s activities 23 (1) Despite subsections 22 (1) and (2), the Establishment may carry out any of the following activities in furtherance of its mandate: (a) acquiring, using, analysing, retaining or disclosing publicly available information; (b) acquiring, using, analysing, retaining or disclosing infrastructure information for the purpose of research and development, for the purpose of testing systems or conducting cybersecurity and information assurance activities on the infrastructure from which the information was acquired; and (c) testing or evaluating products, software and systems, including testing or evaluating them for vulnerabilities. Investment Canada Act (2) Despite subsection 22 (1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.1 of that Act. Cybersecurity and information assurance (3) Despite subsection 22 (1), the Establishment may carry out any of the following activities in furtherance of the cybersecurity and information assurance aspect of its mandate: (a) carrying out activities on information infrastructures to identify or isolate malicious software, prevent malicious software from harming those information infrastructures or mitigate any harm that malicious software causes to them; and (b) analysing information in order to be able to provide advice on the integrity of supply chains and on the trustworthiness of telecommunications, equipment and services. Information acquired incidentally (4) The Establishment may acquire information relating to a Canadian or a person in Canada incidentally in the course of carrying out activities under an authorization issued under subsection 26 (1), 27 (1) or (2) or 40 (1). Definitions (5) The following definitions apply in this section. incidentally , with respect to the acquisition of information, means that the information acquired was not itself deliberately sought and that the information-acquisition activity was not directed at the Canadian or person in Canada. ( incidemment ) infrastructure information means information relating to (a) any functional component, physical or logical, of the global information infrastructure; or (b) events that occur during the interaction between two or more devices that provide services on a network — not including end-point devices that are linked to individual users — or between an individual and a machine, if the interaction is about only a functional component of the global information infrastructure. It does not include information that could be linked to an identifiable person. ( information sur l’infrastructure )
Communications Security Establishment Act — C-35.3
incidentally , with respect to the acquisition of information, means that the information acquired was not itself deliberately sought and that the information-acquisition activity was not directed at the Canadian or person in Canada. ( incidemment )
Communications Security Establishment Act — C-35.3 (a)
infrastructure information means information relating to (a) any functional component, physical or logical, of the global information infrastructure; or (b) events that occur during the interaction between two or more devices that provide services on a network — not including end-point devices that are linked to individual users — or between an individual and a machine, if the interaction is about only a functional component of the global information infrastructure. It does not include information that could be linked to an identifiable person. ( information sur l’infrastructure )
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Measures to protect privacy 24 The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of (a) information related to them acquired in the course of the furtherance of the foreign intelligence and cybersecurity and information assurance aspects of the Establishment’s mandate; or (b) publicly available information related to them acquired under paragraph 23 (1)(a).
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Technical and operational assistance activities 25 (1) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then the Establishment, in the course of providing the assistance, has the same authority to carry out any activity as would have the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if it were carrying out the activity, and is subject to any limitations imposed by law on the agency, the Canadian Forces or that Department, including requirements with respect to any applicable warrant. Exemptions, protections and immunities (2) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if those persons were carrying out the activity.
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Foreign Intelligence Authorizations 26 (1) The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate. Activities authorized (2) Activities and classes of activities that a Foreign Intelligence Authorization may authorize the Establishment to carry out may include any of the following: (a) gaining access to a portion of the global information infrastructure; (b) acquiring information on or through the global information infrastructure, including unselected information; (c) installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure; (d) doing anything that is reasonably necessary to maintain the covert nature of the activity; and (e) carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activity, authorized by the authorization.
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Cybersecurity Authorizations — federal infrastructures 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code , from mischief, unauthorized use or disruption. Cybersecurity Authorizations — non-federal infrastructures (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21 (1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code , from mischief, unauthorized use or disruption.
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Approval of Commissioner 28 (1) An authorization issued under subsection 26 (1) or 27 (1) or (2) is valid when — if it is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization. No activities until authorization valid (2) For greater certainty, no activity that is specified in an authorization issued under subsection 26 (1) or 27 (1) or (2) is authorized until the authorization is valid under subsection (1).
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Defensive Cyber Operations Authorizations 29 (1) The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate. Minister of Foreign Affairs (2) The Minister may issue the authorization only if he or she has consulted the Minister of Foreign Affairs.
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Active Cyber Operations Authorizations 30 (1) The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate. Minister of Foreign Affairs (2) The Minister may issue the authorization only if the Minister of Foreign Affairs has requested the authorization’s issue or has consented to its issue. Request or consent in writing (3) The request or consent of the Minister of Foreign Affairs may be oral, but in that case he or she must provide written confirmation of the request or consent to the Minister as soon as feasible.
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Activities authorized 31 Activities and classes of activities that an authorization issued under subsection 29 (1) or 30 (1) may authorize the Establishment to carry out may include any of the following: (a) gaining access to a portion of the global information infrastructure; (b) installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure; (c) doing anything that is reasonably necessary to maintain the covert nature of the activity; and (d) carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
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Prohibited conduct 32 (1) In carrying out any activity under an authorization issued under subsection 29 (1) or 30 (1), the Establishment must not (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual; or (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice or democracy. Definition of bodily harm (2) In subsection (1), bodily harm has the same meaning as in section 2 of the Criminal Code .
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Applications for authorizations 33 (1) The Minister may issue an authorization under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1) only on the written application of the Chief. Contents of application (2) The application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the authorization is necessary and that the conditions for issuing it are met. Written request of infrastructure owner or operator (3) If the application is for an authorization to be issued under subsection 27 (2), the application must include the written request of the owner or operator of the information infrastructure to the Establishment to carry out the activity that would be authorized. Minister of Foreign Affairs’ request or consent (4) If the application is for an authorization to be issued under subsection 30 (1), the application must include the request or consent referred to in subsection 30 (2) if it is in writing.
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Content of authorizations 35 An authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1) must specify (a) the activities or classes of activities that it authorizes the Establishment to carry out; (b) the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament; (c) the persons or classes of persons who are authorized to carry out the activities or classes of activities referred to in paragraph (a); (d) any terms, conditions or restrictions that the Minister considers advisable in the public interest, or advisable to ensure the reasonableness and proportionality of any activity authorized by the authorization; (e) in the case of an authorization issued under subsection 26 (1) or 27 (1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them; (f) in the case of an authorization issued under subsection 26 (1), whether the activities authorized include acquiring unselected information, and any terms, conditions or restrictions that the Minister considers advisable to limit the use, analysis and retention of, and access to, unselected information; (g) the day on which the authorization is issued; (h) the day on which the authorization expires; and (i) anything else reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
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Period of validity of authorizations 36 (1) An authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1) may be valid for a period not exceeding one year. Extension — foreign intelligence or cybersecurity (2) The Minister may extend the period of validity of an authorization issued under subsection 26 (1) or 27 (1) or (2) by up to a period not exceeding one year from the day referred to in paragraph 35 (h). No review by Commissioner (3) The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act . Extension — authorization (4) The Minister must, as soon as feasible, notify the Commissioner of any extension of an authorization.