GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Communications Security Establishment Act — C-35.3 37
Significant change — Minister to be notified 37 (1) If there is a significant change in any fact that was set out in the application for an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1), the Chief must notify the Minister of the change as soon as feasible. Commissioner notified (2) If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 26 (1) or 27 (1) or (2), the Minister must notify the Commissioner of his or her conclusion. Review Agency notified (3) If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 29 (1) or 30 (1), the Minister must notify the Review Agency of his or her conclusion.
Communications Security Establishment Act — C-35.3 38
Repeal of authorization 38 The Minister may repeal an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1) at any time.
Communications Security Establishment Act — C-35.3 39
Amendment 39 (1) The Minister may amend an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1) or 30 (1) if the Minister concludes that there has been a significant change in any fact that was set out in the application for the authorization. Conditions for amendment (2) The Minister may amend an authorization only if he or she concludes that there are reasonable grounds to believe that, taking into account the significant change, (a) the conditions referred to in subsections 34 (1) and (2) are met, in the case of an authorization issued under subsection 26 (1); (b) the conditions referred to in subsections 34 (1) and (3) are met, in the case of an authorization issued under subsection 27 (1) or (2); or (c) the conditions referred to in subsections 34 (1) and (4) are met, in the case of an authorization issued under subsection 29 (1) or 30 (1). Amendment takes effect on approval — foreign intelligence and cybersecurity (3) An amended authorization issued under subsection 26 (1) or 27 (1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 20(1)(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment. Activities under amended authorization — foreign intelligence and cybersecurity (4) For greater certainty, an activity that is specified in an amended authorization issued under subsection 26 (1) or 27 (1) or (2) in respect of which the Commissioner has provided the Minister with the written decision approving the amendment is authorized only to the extent that it is carried out in accordance with the authorization as amended. Activities under amended authorization — cyber operations (5) For greater certainty, an activity that is specified in an amended authorization issued under subsection 29 (1) or 30 (1) is authorized only to the extent that it is carried out in accordance with the authorization as amended.
Communications Security Establishment Act — C-35.3 40
Emergency Authorizations 40 (1) If the Minister concludes that there are reasonable grounds to believe that the conditions referred to in subsections 34 (1) and (2) or 34 (1) and (3) are met but that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 26 (1) or 27 (1) or (2), as the case may be, the Minister may issue a Foreign Intelligence Authorization that authorizes the Establishment to carry out any activity referred to in section 26 , or a Cybersecurity Authorization that authorizes the Establishment to carry out any activity referred to in subsection 27 (1) or (2). No review by Commissioner (2) The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act . Applications for authorizations (3) Subsections 33 (1) to (3) apply to an application for an authorization issued under subsection (1), except that (a) the application may be made orally; and (b) the application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the time required to obtain the Commissioner’s approval would defeat the purpose of issuing an authorization under subsection 26 (1) or 27 (1) or (2). Written request of infrastructure owner or operator (4) For greater certainty, even if an application is made orally for an authorization that authorizes the Establishment to carry out any activity referred to in subsection 27 (2), the request of the owner or operator of the information infrastructure to the Establishment to carry out the activity must be in writing.
Communications Security Establishment Act — C-35.3 41
Commissioner and Review Agency notified 41 The Minister must notify the Commissioner and the Review Agency of any authorization issued under subsection 40 (1) as soon as feasible after issuing it.
Communications Security Establishment Act — C-35.3 42
Period of validity of authorizations 42 An authorization issued under subsection 40 (1) may be valid for a period not exceeding five days.
Communications Security Establishment Act — C-35.3 43
Canadian identifying information 43 The Establishment may disclose, to persons or classes of persons designated under section 45 , information that could be used to identify a Canadian or a person in Canada and that has been used, analysed or retained under an authorization issued under subsection 26(1) or 40(1), if the Establishment concludes that the disclosure is essential to international affairs, defence, security or cybersecurity.
Communications Security Establishment Act — C-35.3 44
Cybersecurity and information assurance 44 (1) The Establishment may disclose, to persons or classes of persons designated under section 45, information relating to a Canadian or a person in Canada that has been acquired, used or analysed in the course of activities carried out under the cybersecurity and information assurance aspect of its mandate, if the Establishment concludes that the disclosure is necessary to help protect (a) federal institutions’ electronic information and information infrastructures; or (b) electronic information and information infrastructures designated under subsection 21 (1) as being of importance to the Government of Canada. Private communications (2) Information disclosed under subsection (1) may include an intercepted private communication as well as the existence of an intercepted private communication. Definition of private communication (3) In subsection (2), private communication has the same meaning as in section 183 of the Criminal Code .
Communications Security Establishment Act — C-35.3 45
Designated persons or classes of persons 45 The Minister may, by order, designate persons and classes of persons for the purposes of section 43 and subsection 44 (1).
Communications Security Establishment Act — C-35.3 46
Urgent circumstances 46 (1) The Establishment may use and analyse information relating to a Canadian or a person in Canada if it has reasonable grounds to believe that there is an imminent danger of death or serious bodily harm to any individual and that the information will be relevant to the imminent danger. Urgent circumstances — disclosure (2) The Establishment may disclose the information to any appropriate person if its disclosure may help prevent the death or serious bodily harm. Minister and Review Agency notified (3) If the Establishment uses or analyses information under subsection (1), or discloses information under subsection (2), the Chief must notify the Minister in writing as soon as feasible, and the Minister must notify the Review Agency.
Communications Security Establishment Act — C-35.3 47
Power exercised personally 47 The Minister must personally exercise the powers that are set out in subsections 26 (1), 27 (1) and (2), 29 (1), 30 (1), 36 (2), 39(1) and 40 (1).
Communications Security Establishment Act — C-35.3 48
Authorizations provided to Commissioner 48 (1) The Minister must provide a copy of each authorization issued under subsection 26 (1) or 27 (1) or (2), or amended under subsection 39 (1), to the Commissioner after issuing it or amending it, as the case may be, for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act . Notice of authorization or amendment (2) The copy of the authorization constitutes notice of the authorization or amendment for the purposes of the calculation of the time limit referred to in paragraph 20(3)(b) of that Act.
Communications Security Establishment Act — C-35.3 49
No civil or criminal liability 49 No person who acts in accordance with an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1), 30 (1) or 40 (1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.
Communications Security Establishment Act — C-35.3 50
Exclusion of Part VI of Criminal Code 50 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1), 30 (1) or 40 (1) or in relation to a communication so intercepted.
Communications Security Establishment Act — C-35.3 51
Crown Liability and Proceedings Act 51 No action lies under section 18 of the Crown Liability and Proceedings Act in respect of (a) the use or disclosure under this Act of any communication intercepted under the authority of an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1), 30 (1) or 40 (1); or (b) the disclosure under this Act of the existence of such a communication.
Communications Security Establishment Act — C-35.3 52
Report 52 (1) Within 90 days after the last day of the period of validity of an authorization issued under subsection 26 (1), 27 (1) or (2), 29 (1), 30 (1) or 40 (1), the Chief must provide a written report to the Minister on the outcome of the activities carried out under the authorization. Copy of report to Commissioner and Review Agency (2) The Minister must provide the Commissioner and the Review Agency with a copy of a report on the outcome of the activities carried out under an authorization issued under subsection 26 (1), 27 (1) or (2) or 40 (1). Copy of report to Review Agency (3) The Minister must provide the Review Agency with a copy of a report on the outcome of the activities carried out under an authorization issued under subsection 29 (1) or 30 (1).
Communications Security Establishment Act — C-35.3 53
Statutory Instruments Act 53 Authorizations issued under subsection 26 (1), 27 (1) or (2), 29 (1), 30 (1) or 40 (1) and orders made under section 45 are not statutory instruments within the meaning of the Statutory Instruments Act .
Communications Security Establishment Act — C-35.3 54
Arrangements 54 (1) The Establishment may enter into arrangements with entities that have powers and duties similar to the Establishment’s — including entities that are institutions of foreign states or that are international organizations of states or institutions of those organizations — for the purposes of the furtherance of its mandate, including for the purposes of sharing information with them or otherwise cooperating with them. Approval of Minister after consultation (2) However, the Establishment may enter into an arrangement with institutions of foreign states, international organizations of states or institutions of those organizations only with the Minister’s approval, after the Minister has consulted the Minister of Foreign Affairs.
Communications Security Establishment Act — C-35.3 55
l court that confirms the order has expired and no further appeal from a judgment that confirms the order is available. Confidentiality on appeal (10) In the case of an appeal, subsections (5) and (6) apply, with any necessary modifications, to the court to which the appeal is taken. Definition of judge (11) In this section, judge means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice to conduct hearings under any Act of Parliament for the protection of information.
Communications Security Establishment Act — C-35.3 56
Assistance or disclosure of information — no presumptions 56 The provision of assistance or the disclosure of information by the Establishment under this Act does not create a presumption (a) that the Establishment is conducting a joint investigation or decision-making process with the entity to which assistance is provided or information is disclosed and therefore has the same obligations, if any, as the entity to disclose or produce information for the purposes of a proceeding; or (b) there has been a waiver of any privilege, or of any requirement to obtain consent, for the purposes of any other disclosure of that information either in a proceeding or to an entity that is not a federal institution.
Communications Security Establishment Act — C-35.3 57
Access to Information Act 57 For the purposes of the Access to Information Act , if any record , as defined in section 3 of that Act, of any other government institution , as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.
Communications Security Establishment Act — C-35.3 58
Privacy Act 58 For the purposes of the Privacy Act , if any personal information , as defined in section 3 of that Act, of any other government institution , as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the personal information is not held by the Establishment and is not under the Establishment’s control.
Communications Security Establishment Act — C-35.3 59
Annual Report 59 The Establishment must, within three months after the end of each fiscal year, publish an annual report on its activities during that fiscal year.
Communications Security Establishment Act — C-35.3 60
Regulations 60 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the management and control of the Establishment, including security on and around the Establishment’s premises, access to its premises, the search of persons on or around its premises and the search and seizure of items on or around its premises; (b) respecting the measures referred to in section 24 to protect the privacy of Canadians and of persons in Canada; and (c) amending the definition of any term defined in section 2 or subsection 23 (5) or 44 (3) to respond, directly or indirectly, to any technological change.
Communications Security Establishment Act — C-35.3 77
Definitions 77 The following definitions apply in sections 78 to 82 . former department means the portion of the federal public administration known as the Communications Security Establishment. ( ancien ministère ) new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act . ( nouveau ministère )
Communications Security Establishment Act — C-35.3
former department means the portion of the federal public administration known as the Communications Security Establishment. ( ancien ministère )
Communications Security Establishment Act — C-35.3
new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act . ( nouveau ministère )
Communications Security Establishment Act — C-35.3 78
Chief 78 (1) The Chief of the Communications Security Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed. Employees (2) Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76 , occupied a position in the former department, except that the employee, on the coming into force of that section, occupies that position in the new department.
Communications Security Establishment Act — C-35.3 79
Transfer of appropriations 79 (1) Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department. Transfer of powers, duties and functions (2) If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department.
Communications Security Establishment Act — C-35.3 80
Ministerial authorizations 80 (1) An authorization that was issued under subsection 273.65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal. Repeal (2) The Minister may repeal an authorization referred to in subsection (1) at any time.
Communications Security Establishment Act — C-35.3 81
Arrangements 81 Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms.
Communications Security Establishment Act — C-35.3 82
References 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department: (a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”; (b) Schedules I.1, V and VI to the Financial Administration Act ; (c) the schedule to the Privacy Act under the heading “Other Government Institutions”; (d) Schedule 1 to the Foreign Interference and Security of Information Act ; (e) Schedule 3 to the Security of Canada Information Disclosure Act ; (f) the National Security and Intelligence Review Agency Act ; and (g) the Intelligence Commissioner Act . Other references (1.1) Unless the context requires otherwise, every reference to the former department in any Act of Parliament, other than an Act referred to in subsection (1), or in any order, regulation or other instrument made under an Act of Parliament is deemed to be a reference to the new department. Deputy head (2) The designation of a person as deputy head of the former department in any order of the Governor in Council made under section 55 of the National Security and Intelligence Review Agency Act is deemed to be a designation of the Chief of the new department as deputy head of that department.
Competition Tribunal Act — C-36.4 1
Short title 1 This Part may be cited as the Competition Tribunal Act .
Competition Tribunal Act — C-36.4 2
Definitions 2 In this Part, judicial member means a member of the Tribunal appointed under paragraph 3(2)(a); ( juge ) lay member means a member of the Tribunal appointed under paragraph 3(2)(b); ( autre membre ) Minister means the Minister of Industry; ( ministre ) Tribunal means the Competition Tribunal established by subsection 3(1). ( Tribunal ) R.S., 1985, c. 19 (2nd Supp.), s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62
Competition Tribunal Act — C-36.4
judicial member means a member of the Tribunal appointed under paragraph 3(2)(a); ( juge )
Competition Tribunal Act — C-36.4
lay member means a member of the Tribunal appointed under paragraph 3(2)(b); ( autre membre )
Competition Tribunal Act — C-36.4
Minister means the Minister of Industry; ( ministre )
Competition Tribunal Act — C-36.4
Tribunal means the Competition Tribunal established by subsection 3(1). ( Tribunal )
Competition Tribunal Act — C-36.4 3
Tribunal 3 (1) There is hereby established a tribunal to be known as the Competition Tribunal. Constitution of Tribunal (2) The Tribunal shall consist of (a) not more than six members to be appointed from among the judges of the Federal Court by the Governor in Council on the recommendation of the Minister of Justice; and (b) not more than eight other members to be appointed by the Governor in Council on the recommendation of the Minister. Advisory council (3) The Governor in Council may establish an advisory council to advise the Minister with respect to appointments of lay members, which council is to be composed of not more than ten members who are knowledgeable in economics, industry, commerce or public affairs and may include, without restricting the generality of the foregoing, individuals chosen from business communities, the legal community, consumer groups and labour. Consultation (4) The Minister shall consult with any advisory council established under subsection (3) before making a recommendation with respect to the appointment of a lay member. R.S., 1985, c. 19 (2nd Supp.), s. 3; 2002, c. 8, ss. 183, 198, c. 16, s. 16
Competition Tribunal Act — C-36.4 4
Chairman 4 (1) The Governor in Council shall designate one of the judicial members to be Chairman of the Tribunal. Role of Chairman (2) The Chairman has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing, the allocation of the work of the members thereof. Absence or incapacity (3) Where the office of Chairman is vacant, or the Chairman is absent from Canada or is for any reason unable to act, the powers of the Chairman shall be exercised and the duties performed by the senior judicial member who is in Canada and is able and willing to act.
Competition Tribunal Act — C-36.4 5
Tenure of judicial members 5 (1) Each judicial member shall be appointed for a term not exceeding seven years and holds office so long as he remains a judge of the Federal Court. Tenure of lay members (2) Each lay member shall be appointed for a term not exceeding seven years and holds office during good behaviour but may be removed by the Governor in Council for cause. Re-appointment (3) A member of the Tribunal, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term. Acting after expiration of appointment (4) A person may continue to act as a member of the Tribunal after the expiration of his term of appointment in respect of any matter in which he became engaged during the term of his appointment. Temporary substitute members (5) In the event of the absence or incapacity of a member of the Tribunal, the Governor in Council may appoint a temporary substitute member for such period of time as the Governor in Council prescribes.
Competition Tribunal Act — C-36.4 6
Remuneration of lay members 6 (1) Each lay member shall be paid such remuneration as may be fixed by the Governor in Council. Expenses of members (2) Each member of the Tribunal is entitled to be paid the travel allowances that a judge is entitled to be paid under the Judges Act . Other benefits (3) Each lay member is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. 19 (2nd Supp.), s. 6; 2003, c. 22, s. 224(E)