Canadian Security Intelligence Service Act — C-23 20.1
Definitions 20.1 (1) The following definitions apply in this section. designated employee means an employee who is designated under subsection (6) or (8). ( employé désigné ) designated senior employee means an employee who is designated under subsection (7). ( employé supérieur désigné ) Principle — justification (2) It is in the public interest to ensure that employees effectively carry out the Service’s information and intelligence collection duties and functions, including by engaging in covert activities, in accordance with the rule of law and, to that end, to expressly recognize in law a limited justification for designated employees acting in good faith and persons acting under their direction to commit acts or omissions that would otherwise constitute offences. Classes of acts or omissions (3) At least once every year, the Minister shall, by order, determine the classes of acts or omissions that would otherwise constitute offences and that designated employees may be justified in committing or directing another person to commit if the Minister concludes that the commission of those acts or omissions is reasonable, having regard to (a) the Service’s information and intelligence collection duties and functions; and (b) any threats to the security of Canada that may be the object of information and intelligence collection activities or any objectives to be achieved by such activities. Statutory Instruments Act (4) An order made under subsection (3) is not a statutory instrument within the meaning of the Statutory Instruments Act . Notification of Commissioner (5) The Minister shall notify the Commissioner of the Minister’s determination under subsection (3) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act . Designation of employees (6) The Minister may personally, on the recommendation of the Director and for a period of not more than one year, designate, for the purpose of this section, employees who perform information and intelligence collection activities. Designation of senior employees (7) The Minister may personally, on the recommendation of the Director, designate, for the purpose of this section, senior employees who are responsible for information and intelligence collection activities. Emergency designation (8) The Director or a designated senior employee may, for a period of not more than 48 hours, designate, for the purpose of this section, an employee who performs information and intelligence collection activities if the Director or the designated senior employee is of the opinion that (a) by reason of exigent circumstances, it is not feasible for the Minister to designate the employee under subsection (6); and (b) the employee would be justified in committing or directing another person to commit an act or omission that would otherwise constitute an offence. Notification of Minister (9) The Director or the designated senior employee, as the case may be, shall notify the Minister of the designation as soon as the circumstances permit. Conditions (10) A designation under subsection (6) or (8) may be made subject to conditions, including conditions limiting (a) its duration; (b) the nature of the information and intelligence collection activities in the context of which a designated employee may be justified in committing, or directing another person to commit, an act or omission that would otherwise constitute an offence; and (c) the act or omission that would otherwise constitute an offence and that a designated employee may be justified in committing or directing another person to commit. Justification for acts or omissions (11) Subject to subsection (15), a designated employee is justified in committing an act or omission that would otherwise constitute an offence if (a) the designated employee (i) is engaged, in good faith, in an information and intelligence collection activity in relation to a threat to the security of Canada, and (ii) believes on reasona