GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Security Intelligence Service Act — C-23 11.054
Deemed collection date 11.054 If a dataset is deemed to have been collected on more than one day under section 11.051, 11.052 or 11.053 or subsection 11.1(3), the dataset is deemed, for the purposes of section 11.07, to have been collected on the latest of those days. 2024, c. 16, s. 11
Canadian Security Intelligence Service Act — C-23 11.06
Designation of employees — Director 11.06 (1) The Director may designate employees to carry out one or more activities referred to in sections 11.07, 11.2 and 11.22. Delegation (1.1) The Director may delegate the designation power set out in subsection (1) to an employee. Statutory Instruments Act (2) For greater certainty, the designation of an employee 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. 12
Canadian Security Intelligence Service Act — C-23 11.07
Evaluation period — datasets 11.07 (1) If the Service collects a dataset under section 11.05, a designated employee shall, as soon as feasible but no later than the 180th day after the day on which the dataset was collected, evaluate the dataset and confirm if it (a) was publicly available at the time of collection; (b) predominantly relates to individuals within Canada or Canadians; or (c) predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada. Deeming (1.1) If a dataset that is confirmed to be a foreign dataset includes information that relates to individuals within Canada or Canadians and the Service decides to treat it as a Canadian dataset, that dataset is deemed to be a Canadian dataset. Evaluation — class (2) In the case of a Canadian dataset, a designated employee shall evaluate the dataset and confirm whether it belonged to an approved class on the day on which it was collected and, if it did not, the designated employee shall take the measures set out in section 11.08. Limit (3) During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.08(2), a dataset shall not be queried or exploited. Comparison (3.1) A designated employee may, for the purpose of determining whether it is necessary to make an application for a judicial authorization under subsection 11.13(1) or a request for an authorization under subsection 11.17(1), compare the dataset to other datasets that have been collected by the Service under this Act. Consultation (4) A designated employee may consult (a) a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.12; or (b) a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met. Activities of designated employee (5) A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities: (a) deletion of extraneous or erroneous information or information of poor quality; (b) translation; (c) decryption; (d) the application of privacy protection techniques; (e) any activity respecting the organization of the dataset. Responsibilities of designated employee (6) A designated employee shall, during the evaluation period, (a) delete personal information , as defined in section 3 of the Privacy Act , that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and (b) comply with the obligations under section 11.1. 2019, c. 13, s. 97 2024, c. 16, s. 13
Canadian Security Intelligence Service Act — C-23 11.08
Dataset not within class 11.08 (1) If a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected, the Service shall, without delay, (a) destroy the dataset; or (b) make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong. Period — suspension (2) If the Service makes a request to the Minister under paragraph (1)(b), the 180-day period referred to in subsection 11.07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act , the determination of the Minister in respect of a new class to which the dataset belongs. Limit — activity (3) A designated employee shall not carry out any activity under subsections 11.07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.07(6) does not apply to the dataset during that period of suspension. Destruction (4) If the Minister, on a request made under paragraph (1)(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act , does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset. 2019, c. 13, s. 97 2024, c. 16, s. 14
Canadian Security Intelligence Service Act — C-23 11.09
End of evaluation period — Canadian datasets 11.09 (1) If a designated employee confirms that a dataset is a Canadian dataset or if a dataset is deemed to be a Canadian dataset under subsection 11.07(1.1), the Service shall make an application for judicial authorization under section 11.13 as soon as feasible but no later than the 180th day referred to in subsection 11.07(1). End of evaluation period — foreign datasets (2) If the designated employee confirms that a dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 180th day referred to in subsection 11.07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.17. Destruction (3) If the Service has not taken steps within the period referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends. 2019, c. 13, s. 97 2024, c. 16, s. 15
Canadian Security Intelligence Service Act — C-23 11.1
Continuing obligations of Service 11.1 (1) The Service shall take reasonable measures to ensure that (a) any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual is deleted from a Canadian dataset or a foreign dataset; (b) any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries is deleted from a Canadian dataset; and (c) any information that by its nature or attributes relates to a Canadian or a person in Canada is removed from a foreign dataset. Removal (2) If the Service removes the information from the dataset under paragraph (1)(c), the information that was removed shall (a) be destroyed without delay; (b) be collected as a dataset under section 11.05; or (c) be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization. Non-application (2.1) Subsection (2) does not apply to information that is being retained under subsection 11.21(1). Deeming (3) A dataset collected under paragraph (2)(b) is deemed to have been collected under section 11.05 on the day on which the information that constitutes the dataset was removed from the foreign dataset. 2019, c. 13, s. 97 2024, c. 16, s. 16
Canadian Security Intelligence Service Act — C-23 11.11
Dataset publicly available 11.11 (1) For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset. Retention of results of query or exploitation (2) The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16. Disclosure (3) The Service may disclose a publicly available dataset and, if it does so, section 19 does not apply to the disclosure. 2019, c. 13, s. 97 2024, c. 16, s. 17
Canadian Security Intelligence Service Act — C-23 11.12
Approval by Minister 11.12 (1) Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval. Approved classes (2) When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister (a) the approved class to which the Canadian dataset belongs or to which it belonged on the day on which it was collected; and (b) the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act . 2019, c. 13, s. 97 2024, c. 16, s. 18
Canadian Security Intelligence Service Act — C-23 11.13
Judicial authorization 11.13 (1) A judge may authorize the retention of a Canadian dataset if the judge is satisfied that (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application. Contents of application (2) An application for a judicial authorization shall be made in writing and shall set out the following: (a) the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied; (b) a description of the information that is contained in the dataset; (b.1) the manner in which the Service intends to disclose the dataset; (c) if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates; (d) any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel; (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision; (f) if the Commissioner has approved, under the Intelligence Commissioner Act , the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results. 2019, c. 13, s. 97 2024, c. 16, s. 19 2024, c. 16, s. 47(E)
Canadian Security Intelligence Service Act — C-23 11.14
Contents of judicial authorization 11.14 (1) A judicial authorization issued under section 11.13 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 judicial authorization is valid; (d) any terms and conditions that the judge 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 judge considers advisable in the public interest. Disclosure of dataset (1.1) The judicial authorization shall also establish any terms and conditions that the judge considers necessary respecting the disclosure of the dataset by the Service. Non-application (1.2) Section 19 does not apply to the disclosure of the dataset. Maximum period (2) The judicial authorization is valid for a period of not more than five years. 2019, c. 13, s. 97 2024, c. 16, s. 20
Canadian Security Intelligence Service Act — C-23 11.15
Destruction — no judicial authorization 11.15 (1) Subject to subsection (2), if a judge refuses to issue a judicial authorization for a Canadian dataset, the Service shall, without delay, destroy the dataset. Taking effect of subsection (1) (2) The requirement to destroy the dataset under subsection (1) takes effect after the end of the period for making an appeal or in the case of an appeal, after the confirmation of the decision and if all rights of appeal have been exhausted. Destruction — absence of new application (3) If the Service does not request the Minister’s approval under section 11.12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period. New application — approval not obtained (3.1) If the Service requests but does not obtain the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires. New application — approval obtained (4) If the Service requests and obtains the Minister’s approval under section 11.12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application. Limit (5) If the period of a judicial authorization expires, in the circumstances under subsection (3.1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset. 2019, c. 13, s. 97 2024, c. 16, s. 21
Canadian Security Intelligence Service Act — C-23 11.16
Designation 11.16 (1) The Minister may designate a person, including the Director or an employee, for the purpose of section 11.17. Limit (2) At any given time, only one designated person may give an authorization under subsection 11.17(1). Statutory Instruments Act (3) For greater certainty, the designation of a person 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 11.17
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. 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. 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. Non-application (2.2) Section 19 does not apply to the disclosure of the dataset. 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 . 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 . 2019, c. 13, s. 97 2024, c. 16, s. 22
Canadian Security Intelligence Service Act — C-23 11.18
Notification of Commissioner 11.18 The Minister or the designated person shall notify the Commissioner of the Minister’s determination of an authorization under section 11.17 for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act . 2019, c. 13, s. 97
Canadian Security Intelligence Service Act — C-23 11.19
Destruction — no authorization 11.19 (1) Subject to subsection (2), if the Minister or the designated person under section 11.17, or the Commissioner under the Intelligence Commissioner Act , does not approve an authorization, the Service shall, without delay, destroy the dataset that is the subject of the request. Taking effect of subsection (1) (2) The requirement to destroy the dataset under subsection (1) takes effect after the expiry of the period for making an application for judicial review under section 18.1 of the Federal Courts Act or, in the case of such an application, after the confirmation of the decision and if all rights of appeal have been exhausted. Destruction — absence of new request (3) If the Service has not made a new request for an authorization to retain a foreign dataset under section 11.17 before the period of the authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period. New request (4) If the Service makes a new request for an authorization under section 11.17 for a foreign dataset in respect of which the period of authorization has not expired, the Service may, subject to subsection (5), retain it until a decision is made in respect of the new request. Limit (5) If the period of an authorization expires, in the circumstances set out in subsection (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset. 2019, c. 13, s. 97
Canadian Security Intelligence Service Act — C-23 11.2
Query or exploitation of datasets 11.2 (1) A designated employee may, in accordance with subsections (2) to (4), query or exploit Canadian datasets and foreign datasets. Dataset subject to judicial authorization — section 12, 12.1 or 15 (2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15. Dataset subject to approved authorization — section 12, 12.1 or 15 (3) A designated employee may, to the extent that it is strictly necessary, query or exploit 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 , to assist the Service in the performance of its duties and functions under section 12, 12.1 or 15. Assistance in accordance with section 16 (4) A designated employee may query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.13 or 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 , if the query or exploitation is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16. 2019, c. 13, s. 97 2024, c. 16, s. 23
Canadian Security Intelligence Service Act — C-23 11.21
Retention 11.21 (1) The Service may retain the results of a query or exploitation of a dataset performed under section 11.2 if (a) the collection, analysis and retention of the results are carried out under section 12; (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1 or 15; or (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16. Destruction (2) The Service shall, without delay, destroy the results that it cannot retain under subsection (1). 2019, c. 13, s. 97 2024, c. 16, s. 24
Canadian Security Intelligence Service Act — C-23 11.22
Query or exploitation in exigent circumstances 11.22 (1) The Director may authorize a designated employee to query or exploit a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.13 or a foreign dataset that is not the subject of a valid authorization under section 11.17 that has been approved by the Commissioner under the Intelligence Commissioner Act , if the Director concludes (a) that the dataset was collected by the Service under section 11.05; and (b) that there are exigent circumstances that require a query or exploitation of the dataset (i) to acquire intelligence for the purpose of preserving the life or safety of any individual, or (ii) to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if the Service is required to comply with the authorization process under section 11.13 or sections 11.17 and 11.18. Contents of authorization (2) The Director’s authorization shall contain the following: (a) a description of the exigent circumstances; (b) a description of the dataset to be queried or exploited; and (c) the grounds on which the Director concludes that the query or exploitation is likely to produce the intelligence referred to in subparagraph (1)(b)(i) or (ii). Retention (2.1) The Service may retain the results of a query or exploitation performed under subsection (1) if (a) the collection, analysis and retention of the results are carried out under section 12; (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.1; or (c) the retention is required to assist the Minister of National Defence or the Minister of Foreign Affairs in accordance with section 16. Destruction (2.2) The Service shall, without delay, destroy the results that it cannot retain under subsection (2.1). Statutory Instruments Act (3) For greater certainty, an authorization by the Director 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. 25
Canadian Security Intelligence Service Act — C-23 11.23
Decision by Commissioner 11.23 An authorization issued under section 11.22 is valid when — if it is approved by the Commissioner under the Intelligence Commissioner Act — the Commissioner provides the Director with the written decision approving the authorization. 2019, c. 13, s. 97