GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Security Intelligence Service Act — C-23 11.24
Record keeping — publicly available datasets 11.24 (1) The Service shall, with respect to publicly available datasets, (a) establish record keeping requirements for those datasets with respect to the rationale for their collection, the details of each exploitation, the statutory provision under which the result of a query or exploitation is retained and the results that were retained; and (b) verify, periodically and on a random basis, if the results obtained from the querying and exploitation of those datasets were retained in accordance with subsection 11.11(2). Record keeping — approved class (2) The Service shall establish record keeping requirements in respect of the approved class of a Canadian dataset. Requirements (3) The Service shall, with respect to Canadian and foreign datasets, (a) store and manage those datasets separately from all other information collected and retained by the Service under this Act; (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing the Service’s duties and functions under this Act; (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing the Service’s duties and functions under section 12, 12.1, 15 or 16; and (d) verify, periodically and on a random basis, if (i) the querying and exploitation of those datasets were carried out in accordance with section 11.2, and (ii) the results obtained from the querying and exploitation of those datasets were retained in accordance with section 11.21. 2019, c. 13, s. 97 2024, c. 16, s. 26
Canadian Security Intelligence Service Act — C-23 11.25
Reports 11.25 The Service shall (a) give the Review Agency any report prepared following a verification under paragraphs 11.24(1)(b) and (3)(d); (b) in the case of a foreign dataset that is the subject of an authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act , notify the Review Agency when the Service removes information under paragraph 11.1(1)(c) and of the measures that have been taken in respect of that information; and (c) in the case of a query or exploitation performed on the basis of exigent circumstances under section 11.22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query or exploitation and any actions taken after obtaining those results. 2019, c. 13, s. 97 2024, c. 16, s. 27
Canadian Security Intelligence Service Act — C-23 12
Collection, analysis and retention 12 (1) The Service shall collect, by investigation or otherwise, to the extent that it is strictly necessary, and analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada. No territorial limit (2) For greater certainty, the Service may perform its duties and functions under subsection (1) within or outside Canada. R.S., 1985, c. C-23, s. 12; 2015, c. 9, s. 3
Canadian Security Intelligence Service Act — C-23 12.1
Measures to reduce threats to the security of Canada 12.1 (1) If there are reasonable grounds to believe that a particular activity constitutes a threat to the security of Canada, the Service may take measures, within or outside Canada, to reduce the threat. Limits (2) The measures shall be reasonable and proportional in the circumstances, 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. Alternatives (3) Before taking measures under subsection (1), the Service shall consult, as appropriate, with other federal departments or agencies as to whether they are in a position to reduce the threat. Canadian Charter of Rights and Freedoms (3.1) The Canadian Charter of Rights and Freedoms is part of the supreme law of Canada and all measures taken by the Service under subsection (1) shall comply with it. Warrant — Canadian Charter of Rights and Freedoms (3.2) The Service may take measures under subsection (1) that would limit a right or freedom guaranteed by the Canadian Charter of Rights and Freedoms only if a judge, on an application made under section 21.1, issues a warrant authorizing the taking of those measures. Condition for issuance (3.3) The judge may issue the warrant referred to in subsection (3.2) only if the judge is satisfied that the measures, as authorized by the warrant, comply with the Canadian Charter of Rights and Freedoms . Warrant — Canadian law (3.4) The Service may take measures under subsection (1) that would otherwise be contrary to Canadian law only if the measures have been authorized by a warrant issued under section 21.1. Notification of Review Agency (3.5) The Service shall, after taking measures under subsection (1), notify the Review Agency of the measures as soon as the circumstances permit. Clarification (4) For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power. 2015, c. 20, s. 42 2019, c. 13, s. 23 2019, c. 13, s. 98 2024, c. 16, s. 47(E)
Canadian Security Intelligence Service Act — C-23 12.2
Prohibited conduct 12.2 (1) In taking measures to reduce a threat to the security of Canada, the Service shall not (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual; (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice; (c) violate the sexual integrity of an individual; (d) subject an individual to torture or cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture; (e) detain an individual; or (f) cause the loss of, or any serious damage to, any property if doing so would endanger the safety of an individual. (2) [Repealed, 2019, c. 13, s. 99] 2015, c. 20, s. 42 2019, c. 13, s. 99
Canadian Security Intelligence Service Act — C-23 13
Security assessments 13 (1) The Service may provide security assessments to departments of the Government of Canada. Arrangements with provinces (2) The Service may, with the approval of the Minister, enter into an arrangement with (a) the government of a province or any department thereof, or (b) any police force in a province, with the approval of the Minister responsible for policing in the province, authorizing the Service to provide security assessments. Arrangements with foreign states (3) The Service may, with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof authorizing the Service to provide the government, institution or organization with security assessments. R.S., 1985, c. C-23, s. 13; 1995, c. 5, s. 25
Canadian Security Intelligence Service Act — C-23 14
Advice to Ministers 14 The Service may (a) advise any minister of the Crown on matters relating to the security of Canada, or (b) provide any minister of the Crown with information relating to security matters or criminal activities, that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act or the Immigration and Refugee Protection Act . R.S., 1985, c. C-23, s. 14; 2001, c. 27, s. 223
Canadian Security Intelligence Service Act — C-23 15
Investigations 15 (1) The Service may conduct such investigations as are required for the purpose of providing security assessments pursuant to section 13 or advice pursuant to section 14. No territorial limit (2) For greater certainty, the Service may conduct the investigations referred to in subsection (1) within or outside Canada. R.S., 1985, c. C-23, s. 15; 2015, c. 9, s. 4
Canadian Security Intelligence Service Act — C-23 16
Collection of information concerning foreign states and persons 16 (1) Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of (a) any foreign state or group of foreign states; or (b) any person other than (i) a Canadian citizen, (ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , or (iii) a corporation incorporated by or under an Act of Parliament or of the legislature of a province. Information or intelligence outside Canada (1.1) The assistance provided under subsection (1) may include the collection, from within Canada, of information or intelligence that is located outside Canada if the assistance is directed at a person or thing in Canada or at an individual who was in Canada and is temporarily outside Canada. Limitation (2) The assistance provided pursuant to subsection (1) shall not be directed at any person referred to in subparagraph (1)(b)(i), (ii) or (iii). Personal consent of Ministers required (3) The Service shall not perform its duties and functions under subsection (1) unless it does so (a) on the personal request in writing of the Minister of National Defence or the Minister of Foreign Affairs; and (b) with the personal consent in writing of the Minister. R.S., 1985, c. C-23, s. 16; 1995, c. 5, s. 25; 2001, c. 27, s. 224; 2015, c. 3, s. 34(F), c. 9, s. 5(F) 2024, c. 16, s. 31
Canadian Security Intelligence Service Act — C-23 17
Cooperation 17 (1) For the purpose of performing its duties and functions under this Act, the Service may, (a) with the approval of the Minister, enter into an arrangement or otherwise cooperate with (i) any department of the Government of Canada or the government of a province or any department thereof, or (ii) any police force in a province, with the approval of the Minister responsible for policing in the province; or (b) with the approval of the Minister after consultation by the Minister with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof. Copies of arrangements to Review Agency (2) Where a written arrangement is entered into pursuant to subsection (1) or subsection 13(2) or (3), a copy thereof shall be given forthwith to the Review Agency. R.S., 1985, c. C-23, s. 17; 1995, c. 5, s. 25 2019, c. 13, s. 23
Canadian Security Intelligence Service Act — C-23 18
Offence to disclose identity 18 (1) Subject to subsection (2), no person shall knowingly disclose any information that they obtained or to which they had access in the course of the performance of their duties and functions under this Act or their participation in the administration or enforcement of this Act and from which could be inferred the identity of an employee who was, is or is likely to become engaged in covert operational activities of the Service or the identity of a person who was an employee engaged in such activities. Exceptions (2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this Act or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law or in the circumstances described in any of paragraphs 19(2)(a) to (d). Offence (3) Every one who contravenes subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. R.S., 1985, c. C-23, s. 18; 2015, c. 9, s. 6
Canadian Security Intelligence Service Act — C-23 18.2
Exemption — employees 18.2 (1) No employee is guilty of an offence by reason only that the employee, in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine. Exemption — other persons (2) No person is guilty of an offence by reason only that the person, under the direction of an employee and for the sole purpose of establishing or maintaining a covert identity, makes a false statement with respect to a covert identity or makes, procures to be made, requests, possesses, uses or transfers a false document or acts on or authenticates a false document as if it were genuine. Exemption — section 368.1 of Criminal Code (3) No employee is guilty of an offence under section 368.1 of the Criminal Code if the acts alleged to constitute the offence were committed by the employee in the course of their duties and functions and for the sole purpose of establishing or maintaining a covert identity. Definition of false document (4) In subsections (1) and (2), false document has the same meaning as in section 321 of the Criminal Code . 2019, c. 13, s. 100
Canadian Security Intelligence Service Act — C-23 19
Authorized disclosure of information 19 (1) Information obtained in the performance of the duties and functions of the Service under this Act shall not be disclosed by the Service except in accordance with this section. Idem (2) The Service may disclose information referred to in subsection (1) for the purposes of the performance of its duties and functions under this Act or the administration or enforcement of this Act or as required by any other law and may also disclose such information, (a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada or a province, to any person having jurisdiction to investigate the alleged contravention and to the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged contravention may be taken; (b) where the information relates to the conduct of the international affairs of Canada, to the Minister of Foreign Affairs or a person designated by the Minister of Foreign Affairs for the purpose; (c) where the information is relevant to the defence of Canada, to the Minister of National Defence or a person designated by the Minister of National Defence for the purpose; or (d) where, in the opinion of the Minister, disclosure of the information to any person or entity is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that person or entity. Authorized disclosure — building resiliency against threats (2.1) For the purpose of building resiliency against threats to the security of Canada, the Service may also disclose information referred to in subsection (1) to any person or entity if all of the following conditions are met: (a) the information has already been provided to a federal department or agency that performs duties and functions to which the information is relevant; (b) the information does not contain any personal information , as defined in section 3 of the Privacy Act , of a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or any individual in Canada, other than personal information of the individual to whom the information is disclosed; (c) the information does not contain the name of a corporation incorporated or continued under the laws of Canada or a province or the name of a Canadian entity, other than the name of the corporation or entity to which the information is disclosed. Report to Review Agency (3) The Director shall, as soon as practicable after a disclosure referred to in paragraph (2)(d) is made, submit a report to the Review Agency with respect to the disclosure. R.S., 1985, c. C-23, s. 19; 1995, c. 5, s. 25; 2003, c. 22, s. 224(E) 2019, c. 13, s. 23 2024, c. 16, s. 34
Canadian Security Intelligence Service Act — C-23 20
Protection of employees 20 (1) The Director and employees have, in performing the duties and functions of the Service under this Act, the same protection under the law as peace officers have in performing their duties and functions as peace officers. Unlawful conduct (2) If the Director is of the opinion that an employee may, on a particular occasion, have acted unlawfully in the purported performance of the duties and functions of the Service under this Act, the Director shall cause to be submitted a report in respect thereof to the Minister. Report and comments to Attorney General of Canada (3) The Minister shall cause to be given to the Attorney General of Canada a copy of any report that he receives pursuant to subsection (2), together with any comment that he considers appropriate in the circumstances. Copies to Review Agency (4) A copy of anything given to the Attorney General of Canada pursuant to subsection (3) shall be given forthwith to the Review Agency. R.S., 1985, c. C-23, s. 20 2019, c. 13, s. 23
Canadian Security Intelligence Service Act — C-23 20.1
 (c) a written report is submitted under subsection (23). Statutory Instruments Act (27) For greater certainty, designations, authorizations and directions referred to in this section are not statutory instruments within the meaning of the Statutory Instruments Act . 2019, c. 13, s. 101 2024, c. 16, s. 36
Canadian Security Intelligence Service Act — C-23
designated employee means an employee who is designated under subsection (6) or (8). ( employé désigné )
Canadian Security Intelligence Service Act — C-23
designated senior employee means an employee who is designated under subsection (7). ( employé supérieur désigné )
Canadian Security Intelligence Service Act — C-23 20.2
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. 2019, c. 13, s. 101
Canadian Security Intelligence Service Act — C-23 20.3
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. 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. Form 2 (3) The order is to be made in Form 2 of Schedule 2. 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. 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. Expiry of order (6) The order expires 90 days after the day on which it is made. 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. 2024, c. 16, s. 37
Canadian Security Intelligence Service Act — C-23 20.4
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. 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. Form 4 (3) The order is to be made in Form 4 of Schedule 2. 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. 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. 2024, c. 16, s. 37
Canadian Security Intelligence Service Act — C-23 20.5
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. 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. 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. 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. 2024, c. 16, s. 37
Canadian Security Intelligence Service Act — C-23 20.6
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. 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. 2024, c. 16, s. 37