GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Victims Bill of Rights — C-23.7 29
No appeal 29 No appeal lies from any decision or order solely on the grounds that a right under this Act has been infringed or denied.
Canadian Victims Bill of Rights — C-23.7 2.1
Review of Canadian Victims Bill of Rights 2.1 Five years after section 2 comes into force, a committee of Parliament is to be designated or established for the purpose of reviewing the Canadian Victims Bill of Rights enacted by that section.
Canadian Security Intelligence Service Act — C-23 Preamble
Preamble Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;
Canadian Security Intelligence Service Act — C-23
Whereas it is essential, to discharge that responsibility, for Canada to have a civilian intelligence service;
Canadian Security Intelligence Service Act — C-23
Whereas it is important that the civilian intelligence service perform its duties and functions in accordance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms ;
Canadian Security Intelligence Service Act — C-23
And whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;
Canadian Security Intelligence Service Act — C-23 1
Short title 1 This Act may be cited as the Canadian Security Intelligence Service Act . 1984, c. 21, s. 1
Canadian Security Intelligence Service Act — C-23
bodily harm has the same meaning as in section 2 of the Criminal Code ; ( lésions corporelles )
Canadian Security Intelligence Service Act — C-23
Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act ; ( commissaire )
Canadian Security Intelligence Service Act — C-23
Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984; ( Convention contre la torture )
Canadian Security Intelligence Service Act — C-23 (a)
department , in relation to the government of Canada or of a province, includes (a) any portion of a department of the Government of Canada or of the province, and (b) any Ministry of State, institution or other body of the Government of Canada or of the province or any portion thereof; ( ministère )
Canadian Security Intelligence Service Act — C-23
Deputy Minister means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness; ( sous-ministre )
Canadian Security Intelligence Service Act — C-23
Director means the Director of the Service; ( directeur )
Canadian Security Intelligence Service Act — C-23
employee means a person who is appointed as an employee of the Service pursuant to subsection 8(1) or has become an employee of the Service pursuant to subsection 66(1) of the Canadian Security Intelligence Service Act , chapter 21 of the Statutes of Canada, 1984, and includes a person who is attached or seconded to the Service as an employee; ( employé )
Canadian Security Intelligence Service Act — C-23
exploitation [Repealed, 2024, c. 16, s. 3]
Canadian Security Intelligence Service Act — C-23
foreign state means any state other than Canada; ( État étranger )
Canadian Security Intelligence Service Act — C-23
human source means an individual who, after having received a promise of confidentiality, has provided, provides or is likely to provide information to the Service; ( source humaine )
Canadian Security Intelligence Service Act — C-23
Inspector General [Repealed, 2012, c. 19, s. 378]
Canadian Security Intelligence Service Act — C-23
intercept has the same meaning as in section 183 of the Criminal Code ; ( intercepter )
Canadian Security Intelligence Service Act — C-23
judge means a judge of the Federal Court designated by the Chief Justice thereof for the purposes of this Act; ( juge )
Canadian Security Intelligence Service Act — C-23
Minister means the Minister of Public Safety and Emergency Preparedness; ( ministre )
Canadian Security Intelligence Service Act — C-23
place includes any conveyance; ( lieux )
Canadian Security Intelligence Service Act — C-23
Review Agency means the National Security and Intelligence Review Agency; ( Office de surveillance )
Canadian Security Intelligence Service Act — C-23
Review Committee [Repealed, 2019, c. 13, s. 21]
Canadian Security Intelligence Service Act — C-23
security assessment means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual; ( évaluation de sécurité )
Canadian Security Intelligence Service Act — C-23
Service means the Canadian Security Intelligence Service established by subsection 3(1); ( Service )
Canadian Security Intelligence Service Act — C-23 (a)
threats to the security of Canada means (a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage, (b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person, (c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and (d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada, but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d). ( menaces envers la sécurité du Canada )
Canadian Security Intelligence Service Act — C-23 2.1
Forms 2.1 If this Act requires that a form be used, the form may incorporate any variations that the circumstances require. 2024, c. 16, s. 4
Canadian Security Intelligence Service Act — C-23 3
Establishment of Service 3 (1) The Canadian Security Intelligence Service is hereby established, consisting of the Director and employees of the Service. Principal office (2) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act . Other offices (3) The Director may, with the approval of the Minister, establish other offices of the Service elsewhere in Canada. 1984, c. 21, s. 3
Canadian Security Intelligence Service Act — C-23 4
Appointment 4 (1) The Governor in Council shall appoint the Director of the Service. Term of office (2) The Director shall be appointed to hold office during pleasure for a term not exceeding five years. Re-appointment (3) Subject to subsection (4), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years. Limitation (4) No person shall hold office as Director for terms exceeding ten years in the aggregate. Absence or incapacity (5) In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint another person to hold office instead of the Director for a term not exceeding six months, and that person shall, while holding that office, have all of the powers, duties and functions of the Director under this Act or any other Act of Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council. 1984, c. 21, s. 4
Canadian Security Intelligence Service Act — C-23 5
Salary and expenses 5 (1) The Director is entitled to be paid a salary to be fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the Director in the performance of duties and functions under this Act. Pension benefits (2) The provisions of the Public Service Superannuation Act , other than those relating to tenure of office, apply to the Director, except that a person appointed as Director from outside the public service, as defined in the Public Service Superannuation Act , may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided by the Diplomatic Service (Special) Superannuation Act , in which case the provisions of that Act, other than those relating to tenure of office, apply to the Director from the date of appointment and the provisions of the Public Service Superannuation Act do not apply. R.S., 1985, c. C-23, s. 5; 2003, c. 22, s. 225(E)
Canadian Security Intelligence Service Act — C-23 6
Role of Director 6 (1) The Director, under the direction of the Minister, has the control and management of the Service and all matters connected therewith. Minister may issue directions (2) In providing the direction referred to in subsection (1), the Minister may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Agency. Directions deemed not to be statutory instruments (3) Directions issued by the Minister under subsection (2) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . Periodic reports by Director (4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Agency to be given a copy of each such report. Measures to reduce threats to the security of Canada (5) The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada: (a) for each of the paragraphs of the definition threats to the security of Canada in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures; (b) the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and (c) for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period. Justification (6) The reports shall also include (a) a general description of the information and intelligence collection activities in the context of which employees designated under subsection 20.1(6) or (8) committed acts or omissions that would otherwise constitute offences; (b) a general description of those acts or omissions; (c) the information referred to in paragraphs 20.1(24)(a) to (e); and (d) information on the training received by employees designated under subsection 20.1(6) or (8) and by senior employees designated under subsection 20.1(7). R.S., 1985, c. C-23, s. 6; 2012, c. 19, s. 379; 2015, c. 20, s. 40 2019, c. 13, s. 23 2019, c. 13, s. 95
Canadian Security Intelligence Service Act — C-23 7
Consultation with Deputy Minister 7 (1) The Director shall consult the Deputy Minister on (a) the general operational policies of the Service; and (b) any matter with respect to which consultation is required by directions issued under subsection 6(2). Consultation with Deputy Minister — warrant (2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.1, 22.21 or 23 shall consult the Deputy Minister before applying for the warrant or, if applicable, the renewal of the warrant. Consultation with Deputy Minister — authorization (2.1) The Director or any employee who is designated under subsection 11.04(1) for the purpose of applying for a judicial authorization referred to in section 11.12 shall consult the Deputy Minister before applying for the judicial authorization. Consultation with Deputy Minister — production order (2.2) The Director or any employee who is designated by the Minister for the purpose of applying for a production order under section 20.4 shall consult the Deputy Minister before applying for the order. Advice by Deputy Minister (3) The Deputy Minister shall advise the Minister with respect to directions issued under subsection 6(2) or that should, in the opinion of the Deputy Minister, be issued under that subsection. R.S., 1985, c. C-23, s. 7; 2015, c. 20, s. 41 2019, c. 13, s. 96 2024, c. 16, s. 5
Canadian Security Intelligence Service Act — C-23 8
Powers and functions of Director 8 (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act , the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees, (a) to provide for the terms and conditions of their employment; and (b) subject to the regulations, (i) to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act , and (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act . Discipline and grievances of employees (2) Notwithstanding the Federal Public Sector Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees. Adjudication of employee grievances (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act . Regulations (4) The Governor in Council may make regulations (a) governing the exercise of the powers and the performance of the duties and functions of the Director referred to in subsection (1); and (b) in relation to employees to whom subsection (2) applies, governing their conduct and discipline and the presentation, consideration and adjudication of grievances. R.S., 1985, c. C-23, s. 8; 2003, c. 22, ss. 143, 234; 2013, c. 40, s. 449; 2017, c. 9, ss. 42, 55
Canadian Security Intelligence Service Act — C-23 9
Process for resolution of disputes of support staff 9 (1) Notwithstanding the Federal Public Sector Labour Relations Act , (a) the process for resolution of a dispute applicable to employees of the Service in a bargaining unit determined for the purposes of that Act is by the referral of the dispute to arbitration; and (b) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act. Public Service Superannuation Act (2) Employees of the Service shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . R.S., 1985, c. C-23, s. 9; 2003, c. 22, ss. 144(E), 225(E); 2017, c. 9, s. 55
Canadian Security Intelligence Service Act — C-23 10
Oaths 10 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in Schedule 1. R.S., 1985, c. C-23, s. 10 2024, c. 16, s. 6
Canadian Security Intelligence Service Act — C-23 11
Certificate 11 A certificate purporting to be issued by or under the authority of the Director and stating that the person to whom it is issued is an employee or is a person, or a person included in a class of persons, to whom a warrant issued under section 21 or 23 is directed is evidence of the statements contained therein and is admissible in evidence without proof of the signature or official character of the person purporting to have issued it. 1984, c. 21, s. 11
Canadian Security Intelligence Service Act — C-23 11.01
Definitions 11.01 The following definitions apply in sections 11.01 to 11.25. approved class means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.03 and that has been approved by the Commissioner under the Intelligence Commissioner Act . ( catégorie approuvée ) Canadian in respect of a person, means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. ( Canadien ) dataset means a collection of information that (a) is characterized by a common subject matter; (b) is stored as an electronic record; (c) contains personal information , as defined in section 3 of the Privacy Act ; and (d) is relevant to the performance of the Service’s duties and functions under any of sections 12 to 16 but cannot be collected or retained under any of those sections. ( ensemble de données ) designated employee means an employee who is designated under section 11.04 or 11.06. ( employé désigné ) exploitation means a computational analysis or series of computational analyses that is performed on one or more collections of information for the purpose of obtaining intelligence that would not otherwise be apparent. ( exploitation ) publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). ( ensemble de données accessible au public ) Canadian dataset means a dataset described in paragraph 11.07(1)(b). ( ensemble de données canadien ) foreign dataset means a dataset described in paragraph 11.07(1)(c). ( ensemble de données étranger ) query means a specific search or series of specific searches, with respect to a person or entity, that is performed on one or more collections of information for the purpose of obtaining intelligence. ( interrogation ) 2019, c. 13, s. 97 2024, c. 16, s. 8
Canadian Security Intelligence Service Act — C-23
approved class means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.03 and that has been approved by the Commissioner under the Intelligence Commissioner Act . ( catégorie approuvée )
Canadian Security Intelligence Service Act — C-23
Canadian in respect of a person, means a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. ( Canadien )
Canadian Security Intelligence Service Act — C-23 (a)
dataset means a collection of information that (a) is characterized by a common subject matter; (b) is stored as an electronic record; (c) contains personal information , as defined in section 3 of the Privacy Act ; and (d) is relevant to the performance of the Service’s duties and functions under any of sections 12 to 16 but cannot be collected or retained under any of those sections. ( ensemble de données )
Canadian Security Intelligence Service Act — C-23
designated employee means an employee who is designated under section 11.04 or 11.06. ( employé désigné )
Canadian Security Intelligence Service Act — C-23
exploitation means a computational analysis or series of computational analyses that is performed on one or more collections of information for the purpose of obtaining intelligence that would not otherwise be apparent. ( exploitation )
Canadian Security Intelligence Service Act — C-23
publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). ( ensemble de données accessible au public )
Canadian Security Intelligence Service Act — C-23
Canadian dataset means a dataset described in paragraph 11.07(1)(b). ( ensemble de données canadien )
Canadian Security Intelligence Service Act — C-23
foreign dataset means a dataset described in paragraph 11.07(1)(c). ( ensemble de données étranger )
Canadian Security Intelligence Service Act — C-23
query means a specific search or series of specific searches, with respect to a person or entity, that is performed on one or more collections of information for the purpose of obtaining intelligence. ( interrogation )
Canadian Security Intelligence Service Act — C-23 11.03
Classes — Canadian datasets 11.03 (1) The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized. Criteria (2) The Minister may determine that a class of Canadian datasets is authorized to be collected if the Minister concludes that the querying or exploitation of datasets in the class could lead to results that are relevant to the performance of the Service’s duties and functions under section 12, 12.1, 15 or 16. Maximum period (2.1) An order under subsection (1) is valid for a period of not more than two years. Notification of Commissioner (3) The Minister shall notify the Commissioner of the Minister’s determination under subsection (1) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act . Statutory Instruments Act (4) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act . 2019, c. 13, s. 97 2024, c. 16, s. 10
Canadian Security Intelligence Service Act — C-23 11.04
Designation of employees — Minister 11.04 (1) The Minister may designate employees to carry out the activity referred to in subsection 7(2.1) and section 11.12. Statutory Instruments Act (2) For greater certainty, the designation of an employee by the Minister under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act . 2019, c. 13, s. 97
Canadian Security Intelligence Service Act — C-23 11.05
Collection of datasets 11.05 The Service may collect a dataset only if it reasonably believes that the dataset (a) is a publicly available dataset; (b) belongs to an approved class; or (c) predominantly relates to non-Canadians who are outside Canada. 2019, c. 13, s. 97 2024, c. 16, s. 11
Canadian Security Intelligence Service Act — C-23 11.051
Collection under section 12, 15 or 16 11.051 If the Service concludes that information that was collected under section 12, 15 or 16 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion. 2024, c. 16, s. 11
Canadian Security Intelligence Service Act — C-23 11.052
Collection outside Canada 11.052 (1) As soon as feasible after collecting a dataset under section 11.05 outside Canada, the Service shall either destroy the dataset or provide it to a designated employee for the purposes of section 11.07. Deemed collection date (2) A dataset that is provided to a designated employee under subsection (1) is, for the purposes of section 11.07, deemed to have been collected on the day on which it is provided to the designated employee. 2024, c. 16, s. 11
Canadian Security Intelligence Service Act — C-23 11.053
Collection in execution of warrant or production order 11.053 (1) If the Service concludes that information that was incidentally collected in the execution of a warrant issued under section 21 or 22.21 or a production order issued under section 20.4 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.05 on the day on which the Service reached that conclusion. Terms and conditions (2) The terms and conditions of the warrant or production order continue to apply to the dataset. 2024, c. 16, s. 11