GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Security Intelligence Service Act — C-23 20.7
No civil or criminal liability 20.7 No criminal or civil proceedings lie against a person who voluntarily preserves any information, record, document or thing, or voluntarily produces any information, record or document, following a request from the Service in the circumstances described in subsection 20.6(1), or against a person acting on behalf of an entity that receives such a request. 2024, c. 16, s. 37
Canadian Security Intelligence Service Act — C-23 20.8
Destruction of preserved elements — preservation order 20.8 (1) A person or entity that is subject to a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section as soon as feasible after the order expires, unless they are subject to a new preservation order, a production order made under section 20.4 or a warrant issued under section 21, 22.21 or 23 with respect to the information, record, document or thing, as the case may be. Destruction of preserved elements — production order (2) A person or entity that is subject to a production order made under section 20.4 with respect to any information, record or document that they preserved under a preservation order made under section 20.3 shall destroy the information, record or document that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record or document under that section as soon as feasible after the earlier of (a) the day on which the production order is revoked; and (b) the day on which the information, record or document, or document prepared for the purpose of preserving the information, record or document, is produced under the production order. Destruction of preserved elements — warrant (3) Despite subsections (1) and (2), a person or entity that preserved any information, record, document or thing under a preservation order made under section 20.3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section when the information, record, document or thing, or document prepared for the purpose of preserving the information, record, document or thing, is obtained under a warrant issued under section 21 or 22.21 or when a thing is removed in accordance with a warrant issued under section 23. 2024, c. 16, s. 37
Canadian Security Intelligence Service Act — C-23 21
er law, including that of any foreign state, and to assist the Service in the performance of its duties and function under section 16, a judge may, in a warrant issued under subsection (3), authorize the collection, from within Canada, of information or intelligence that is located outside Canada. Matters to be specified in warrant (4) There shall be specified in a warrant issued under subsection (3) (a) the type of communication authorized to be intercepted, the type of information, records, documents or things authorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose; (b) the identity of the person, if known, whose communication is to be intercepted or who has possession of the information, record, document or thing to be obtained; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (d.1) [Repealed, 2024, c. 16, s. 38] (e) the period for which the warrant is in force; and (f) such terms and conditions as the judge considers advisable in the public interest. (4.1) [Repealed, 2024, c. 16, s. 38] Maximum duration of warrant (5) A warrant shall not be issued under subsection (3) for a period exceeding (a) sixty days where the warrant is issued to enable the Service to investigate a threat to the security of Canada within the meaning of paragraph (d) of the definition of that expression in section 2; or (b) one year in any other case. R.S., 1985, c. C-23, s. 21; 2015, c. 9, s. 8, c. 20, s. 43 2019, c. 13, s. 102 2024, c. 16, s. 38
Canadian Security Intelligence Service Act — C-23 21.1
ly necessary to take those measures. Measures taken outside Canada (4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize the measures specified in it to be taken outside Canada. Matters to be specified in warrant (5) There shall be specified in a warrant issued under subsection (3) (a) the measures authorized to be taken; (b) the identity of the persons, if known, who are directly affected by the measures; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (e) the period for which the warrant is in force; and (f) any terms and conditions that the judge considers advisable in the public interest. Maximum duration of warrant (6) A warrant shall not be issued under subsection (3) for a period exceeding (a) 60 days if the warrant is issued to enable the Service to take measures to reduce a threat to the security of Canada within the meaning of paragraph (d) of the definition threats to the security of Canada in section 2; or (b) 120 days in any other case. 2015, c. 20, s. 44 2019, c. 13, s. 103
Canadian Security Intelligence Service Act — C-23 22
Renewal of warrant 22 On application in writing to a judge for the renewal of a warrant issued under subsection 21(3) made by a person entitled to apply for such a warrant after having obtained the approval of the Minister, the judge may, from time to time, renew the warrant for a period not exceeding the period for which the warrant may be issued pursuant to subsection 21(5) if satisfied by evidence on oath that (a) the warrant continues to be required to enable the Service to investigate a threat to the security of Canada or to perform its duties and functions under section 16; and (b) any of the matters referred to in paragraph 21(2)(b) are applicable in the circumstances. 1984, c. 21, s. 22
Canadian Security Intelligence Service Act — C-23 22.1
Renewal of warrant — measures to reduce threats to the security of Canada 22.1 (1) On application in writing to a judge for the renewal of a warrant issued under subsection 21.1(3) made by a person who is entitled, after having obtained the Minister’s approval, to apply for such a warrant and who believes on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada, the judge may renew the warrant if the judge is satisfied by evidence on oath of the following matters: (a) the facts relied on to justify the belief on reasonable grounds that the warrant continues to be required to enable the Service to take the measures specified in it to reduce a threat to the security of Canada; and (b) the continued reasonableness and proportionality, in the circumstances, of the measures specified in the warrant, 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. Limits on renewal (2) A warrant issued under subsection 21.1(3) may be renewed only twice, with each renewal being for a period not exceeding the period for which it may be issued under subsection 21.1(6). 2015, c. 20, s. 45 2019, c. 13, s. 104
Canadian Security Intelligence Service Act — C-23 22.2
Limits on execution of warrant 22.2 A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may take the measures specified in it only if, at the time that they take them, they believe on reasonable grounds that the measures are reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, 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. 2015, c. 20, s. 45 2019, c. 13, s. 105
Canadian Security Intelligence Service Act — C-23 22.21
thorized to be obtained and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose; (b) the identity of the person, if known, who has possession of the information, record, document or thing to be obtained; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (e) the period for which the warrant is in force in accordance with subsection (7); and (f) any terms and conditions that the judge considers advisable in the public interest. Duration of warrant (7) A warrant issued under subsection (3) ceases to have effect on the earlier of the end of a period of up to 120 days that begins on the day on which the warrant is issued and the day on which the information, record, document or thing is obtained. Clarification — other warrants (8) For greater certainty, the fact that a warrant may be issued under this section does not affect a judge’s authority to issue a warrant under section 21 nor the validity of such a warrant. 2024, c. 16, s. 39
Canadian Security Intelligence Service Act — C-23 22.3
Assistance order 22.3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21, 21.1, 22.21 or 23. Confidentiality (2) The judge may include in the order any measure that the judge considers necessary in the public interest to ensure the confidentiality of the order, including the identity of any person who is required to provide assistance under the order and any other information concerning the provision of the assistance. 2015, c. 20, s. 45 2024, c. 16, s. 40
Canadian Security Intelligence Service Act — C-23 23
Warrant authorizing removal 23 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.1 or 22.21, the Director or employee may make an application in accordance with subsection (2) to a judge for a warrant under this section. Matters to be specified in application for warrant (2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters: (a) a general description of the thing to be removed; (b) the facts relied on to justify the belief, on reasonable grounds, that the thing is in the place; (c) the powers referred to in paragraphs (3)(a) to (c) proposed to be exercised; (d) the identity of the person, if known, who possesses the thing; (e) the persons or classes of persons to whom the warrant is proposed to be directed; (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; and (g) the period for which the warrant is requested to be in force. Issuance of warrant (3) Despite any other law but subject to the Statistics Act , if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose, (a) to enter any place or open or obtain access to any other thing; (b) to search for the thing; or (c) to install, maintain, remove, return or examine any other thing. Matters to be specified in warrant (4) There shall be specified in a warrant issued under subsection (3) (a) a general description of the thing authorized to be removed and the powers referred to in paragraphs (3)(a) to (c) authorized to be exercised for that purpose; (b) the identify of the person, if known, who possesses the thing; (c) the persons or classes of persons to whom the warrant is directed; (d) a general description of the place where the warrant may be executed, if a general description of that place can be given; (e) the period for which the warrant is in force; and (f) the terms and conditions that the judge considers advisable in the public interest. R.S., 1985, c. C-23, s. 23; 2015, c. 20, s. 45 2024, c. 16, s. 41
Canadian Security Intelligence Service Act — C-23 24
Warrant to have effect notwithstanding other laws 24 Despite any other law, a warrant issued under section 21, 22.21 or 23 (a) authorizes every person or person included in a class of persons to whom the warrant is directed, (i) in the case of a warrant issued under section 21, to exercise the powers specified in the warrant for the purpose of intercepting communications of the type specified therein or obtaining information, records, documents or things of the type specified therein, (i.1) in the case of a warrant issued under section 22.21, to exercise the powers specified in the warrant for the purpose of obtaining information, records, documents or things of the type specified in the warrant, or (ii) in the case of a warrant issued under section 23, to exercise the powers specified in the warrant for the purpose of removing the thing specified in the warrant; and (b) authorizes any other person to assist a person who that other person believes on reasonable grounds is acting in accordance with such a warrant. R.S., 1985, c. C-23, s. 24 2024, c. 16, s. 41.1
Canadian Security Intelligence Service Act — C-23 24.1
Authorization to request assistance 24.1 (1) A person to whom — or a person who is included in a class of persons to whom — a warrant issued under section 21.1 is directed may request that another person assist them in taking any measure that the requester is authorized to take under the warrant if the requester believes on reasonable grounds that the measure is reasonable and proportional in the circumstances, having regard to the nature of the threat to the security of Canada, the nature of the measure, the reasonable availability of other means to reduce the threat and the reasonably foreseeable effects on third parties, including on their right to privacy. Person giving assistance (2) A person to whom a request is made under subsection (1) is justified in assisting the requester in taking the measure if the person believes on reasonable grounds that the requester has the authority to take the measure. 2015, c. 20, s. 46 2019, c. 13, s. 106
Canadian Security Intelligence Service Act — C-23 25
Crown Liability and Proceedings Act not to apply 25 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of (a) the use or disclosure in accordance with this Act of any communication intercepted under the authority of a warrant issued under section 21 or 21.1; or (b) the disclosure pursuant to this Act of the existence of any such communication. R.S., 1985, c. C-23, s. 25; 1993, c. 34, s. 49; 2015, c. 20, s. 47
Canadian Security Intelligence Service Act — C-23 26
Exclusion of Part VI of Criminal Code 26 Part VI of the Criminal Code does not apply in relation to any interception of a communication under the authority of a warrant issued under section 21 or 21.1 or in relation to any communication so intercepted. R.S., 1985, c. C-23, s. 26; 2015, c. 20, s. 48
Canadian Security Intelligence Service Act — C-23 27
Making and hearing of applications 27 (1) An application for a judicial authorization under section 11.13, an application under section 20.3 for a preservation order, an application under section 20.4 for a production order, an application under section 21, 21.1, 22.21 or 23 for a warrant, an application under section 22 or 22.1 for the renewal of a warrant or an application for an order under section 22.3 shall be made ex parte and heard in private in accordance with regulations made under section 28. Hearing of applications — section 20.5 (2) An application under section 20.5 for the revocation or variation of a production order may be heard in private in accordance with regulations made under section 28. R.S., 1985, c. C-23, s. 27; 2015, c. 20, s. 48 2019, c. 13, s. 107 2024, c. 16, s. 42
Canadian Security Intelligence Service Act — C-23 27.1
Report — datasets 27.1 (1) For the purposes of this section, if the Review Agency is of the view that the querying and exploitation of a dataset under sections 11.11 and 11.2 may not be in compliance with the law, the Review Agency may provide to the Director the relevant portions of a report prepared under section 35 of the National Security and Intelligence Review Agency Act , as well as any other information that the Review Agency believes may assist the Federal Court in making its determination under subsection (4). Professional secrecy (2) The Review Agency shall take appropriate steps to ensure that the information provided to the Director does not include information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege. Filing with Federal Court (3) The Director shall, as soon as feasible after receiving this information, cause it to be filed with the Federal Court along with any additional information that the Director believes may be relevant to the determination required to be made under this section. Review (4) A judge shall review the information filed under subsection (3) and make a determination if the querying or exploitation by the Service complied with the law. Measures by Judge (5) The judge may, respecting the review and determination that is made under this section, (a) issue a direction; (b) make an order; or (c) take any other measure that the judge considers appropriate in the circumstances. Private hearing (6) Any hearing held for the purposes of this section shall be held in private in accordance with regulations made under section 28. 2019, c. 13, s. 107
Canadian Security Intelligence Service Act — C-23 28
Regulations 28 The Governor in Council may make regulations (a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1, 22.21 or 23; (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.13, for warrants that may be issued under section 21, 21.1, 22.21 or 23, for renewals of those warrants and for orders that may be made under section 20.3, 20.4 or 22.3; (b.1) governing the practice and procedure of, and security requirements applicable to, other matters that arise out of the performance by the Service of its duties and functions under this Act and over which the Chief Justice of the Federal Court or a judge is presiding; (b.2) governing the practice and procedure of, and security requirements applicable to, hearings of applications for the revocation or variation of a production order under section 20.5; and (c) notwithstanding the Federal Courts Act and any rules made thereunder, specifying the places where those hearings may be held and the places where, and the manner in which, records or documents concerning those hearings shall be kept. R.S., 1985, c. C-23, s. 28; 2002, c. 8, s. 182; 2015, c. 20, s. 49 2019, c. 13, s. 108 2024, c. 16, s. 43
Canadian Security Intelligence Service Act — C-23 29
Five-year review 29 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. R.S., 1985, c. C-23, s. 29; 2003, c. 22, s. 224(E) 2019, c. 13, s. 22 2024, c. 16, s. 44
Canadian Security Intelligence Service Act — C-23
I, , swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (the Director, an employee) of the Canadian Security Intelligence Service. So help me God.
Canadian Security Intelligence Service Act — C-23
I, , swear that I will not, without due authority, disclose or make known to any person any information acquired by me by reason of the duties performed by me on behalf of or under the direction of the Canadian Security Intelligence Service or by reason of any office or employment held by me pursuant to the Canadian Security Intelligence Service Act . So help me God.
Canadian Security Intelligence Service Act — C-23
IN THE MATTER OF an application by ( Name ) for a preservation order under section ( 12 or 16 ) and subsection 20.3(2) of the Canadian Security Intelligence Service Act , R.S.C. 1985, c. C-23
Canadian Security Intelligence Service Act — C-23
This is the information of ( name of Director or designated employee ), of (“the applicant”).
Canadian Security Intelligence Service Act — C-23
The applicant says that they have reasonable grounds to suspect that ( specify the information, record, document or thing ) is in the possession or control of ( name of the person or entity ) and will assist the Canadian Security Intelligence Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16 of the Canadian Security Intelligence Service Act .
Canadian Security Intelligence Service Act — C-23
The applicant says that the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing.
Canadian Security Intelligence Service Act — C-23
The applicant also says that the Director or a designated employee of the Service intends to apply or has applied for a production order under section 20.4 of that Act or a warrant under section 21 or 22.21 of that Act to obtain the ( information, record, document or thing ) or under section 23 of that Act to remove a thing.
Canadian Security Intelligence Service Act — C-23
The applicant therefore requests that ( name of the person or entity ) be ordered to preserve the ( specify the information, record, document or thing ) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.
Canadian Security Intelligence Service Act — C-23
Sworn before me on ( date ), at ( place ).
Canadian Security Intelligence Service Act — C-23
( Signature of commissioner for taking oaths )
Canadian Security Intelligence Service Act — C-23 (a)
Whereas I am satisfied by information on oath of ( name of Director or designated employee ), of , (a) that there are reasonable grounds to suspect that ( specify the information, record, document or thing ) is in your possession or control and will assist the Canadian Security Intelligence Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16 of the Canadian Security Intelligence Service Act ; (b) that the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing; and (c) that the Director or a designated employee of the Service intends to apply or has applied for a production order under section 20.4 of that Act or a warrant under section 21 or 22.21 of that Act to obtain the ( information, record, document or thing ) or under section 23 of that Act to remove a thing.