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Canadian Security Intelligence Service Act (R.S.C., 1985, c. C-23)

Act current to 2022-08-08 and last amended on 2019-07-13. Previous Versions

PART ICanadian Security Intelligence Service (continued)

Management of Service (continued)

Marginal note:Process for resolution of disputes of support staff

  •  (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.

  • Marginal note: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

 [Repealed, 2003, c. 22, s. 145]

Marginal note:Oaths

 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in the schedule.

  • 1984, c. 21, s. 10

Marginal note:Certificate

 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

Duties and Functions of Service

Marginal note:Definitions

 The following definitions apply in sections 11.01 to 11.25.

approved class

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)

designated employee

designated employee means an employee who is designated under section 11.04 or 11.06. (employé désigné)

publicly available dataset

publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). (ensemble de données accessible au public)

Canadian dataset

Canadian dataset means a dataset described in paragraph 11.07(1)(b). (ensemble de données canadien)

foreign dataset

foreign dataset means a dataset described in paragraph 11.07(1)(c). (ensemble de données étranger)

Marginal note:Application

 Sections 11.01 to 11.25 apply to every dataset that contains personal information, as defined in section 3 of the Privacy Act, that does not directly and immediately relate to activities that represent a threat to the security of Canada.

Marginal note:Classes — Canadian datasets

  •  (1) At least once every year, the Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.

  • Marginal note: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 any dataset in the class could lead to results that are relevant to the performance of the Service’s duties and functions set out under sections 12, 12.1 and 16.

  • Marginal note: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.

  • Marginal note:Statutory Instruments Act

    (4) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Designation of employees — Minister

  •  (1) The Minister may designate employees to carry out the activity referred to in subsection 7(2.1) and section 11.12.

  • Marginal note: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.

Marginal note:Collection of datasets

  •  (1) Subject to subsection (2), the Service may collect a dataset if it is satisfied that the dataset is relevant to the performance of its duties and functions under sections 12 to 16.

  • Marginal note:Limit

    (2) 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.

Marginal note:Designation of employees — Director

  •  (1) The Director may designate employees to carry out one or more activities referred to in sections 11.07, 11.2 and 11.22.

  • Marginal note:Statutory Instruments Act

    (2) For greater certainty, the designation of an employee by the Director under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Evaluation period — datasets

  •  (1) If the Service collects a dataset under subsection 11.05(1), a designated employee shall, as soon as feasible but no later than the 90th 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.

  • Marginal note:Evaluation — class

    (2) In the case of a dataset referred to in paragraph (1)(b), a designated employee shall evaluate the dataset and confirm whether it belongs to an approved class and, if it does not, he or she shall take the measures set out in section 11.08.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Responsibilities of designated employee

    (6) A designated employee shall, during the evaluation period,

    • (a) delete any information that relates to 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.

Marginal note:Dataset not within class

  •  (1) If a designated employee confirms that the dataset does not belong to any approved class, 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.

  • Marginal note:Period — suspension

    (2) When the Service makes a request to the Minister under paragraph (1)(b), the 90-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 does not belong to any approved class 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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:End of evaluation period — Canadian datasets

  •  (1) If a designated employee confirms that a dataset is a Canadian dataset, the Service shall make an application for judicial authorization under section 11.13, as soon as feasible but no later than the 90th day referred to in subsection 11.07(1).

  • Marginal note:End of evaluation period — foreign datasets

    (2) If the designated employee confirms that the 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 90th 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.

  • Marginal note: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.

Marginal note:Continuing obligations of Service

  •  (1) The Service shall,

    • (a) in respect of a Canadian dataset or a foreign dataset, delete any information in respect of which there is a reasonable expectation of privacy that relates to the physical or mental health of an individual;

    • (b) in respect of a Canadian dataset, delete any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries; and

    • (c) in respect of a foreign dataset, remove any information from the dataset that by its nature or attributes relates to a Canadian or a person in Canada.

  • Marginal note: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.

  • Marginal note:Deeming

    (3) The dataset collected under paragraph (2)(b) shall be deemed to have been collected on the day on which it was removed and its evaluation period under subsection 11.07(1) begins on the same day on which it was removed.

Marginal note:Dataset publicly available

  •  (1) For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset.

  • Marginal note: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.

 
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