National Security Act, 2017 (S.C. 2019, c. 13)
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Assented to 2019-06-21
PART 4R.S., c. C-23Canadian Security Intelligence Service Act (continued)
Amendments to the Act (continued)
102 (1) Section 21 of the Act is amended by adding the following after subsection (1):
Marginal note:Retention of information — incidental collection
(1.1) The applicant may, in an application made under subsection (1), request the judge to authorize the retention of the information that is incidentally collected in the execution of a warrant issued for the purpose of section 12, in order to constitute a dataset.
(2) Subsection 21(2) of the Act is amended by adding the following after paragraph (d):
(d.1) when it is anticipated that information would be incidentally collected in the execution of a warrant, the grounds on which the retention of the information by the Service is likely to assist it in the performance of its duties or functions under sections 12, 12.1 and 16;
(3) Section 21 of the Act is amended by adding the following after subsection (3):
Marginal note:Retention of information
(3.01) If the judge to whom the application is made is satisfied that the retention of the information that is incidentally collected in the execution of a warrant is likely to assist the Service in the performance of its duties or functions under sections 12, 12.1 and 16, the judge may, in a warrant issued under this section, authorize the retention of the information requested in subsection (1.1), in order to constitute a dataset.
(4) Subsection 21(4) of the Act is amended by adding the following after paragraph (d):
(d.1) an indication as to whether information collected incidentally in the execution of the warrant may be retained under subsection (1.1);
(5) Section 21 of the Act is amended by adding the following after subsection (4):
Marginal note:Datasets
(4.1) If the Service is authorized to retain information in accordance with subsection (1.1) in order to constitute a dataset that the Service may collect under this Act, that dataset is deemed to be collected under section 11.05 on the first day of the period for which the warrant is in force.
103 (1) Subsection 21.1(1) of the Act is replaced by the following:
Marginal note:Application for warrant — measures to reduce threats to security of Canada
21.1 (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 take measures referred to in subsection (1.1), within or outside Canada, to reduce a threat to the security of Canada, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.
Marginal note:Measures
(1.1) For the purpose of subsection (1), the measures are the following:
(a) altering, removing, replacing, destroying, disrupting or degrading a communication or means of communication;
(b) altering, removing, replacing, destroying, degrading or providing — or interfering with the use or delivery of — any thing or part of a thing, including records, documents, goods, components and equipment;
(c) fabricating or disseminating any information, record or document;
(d) making or attempting to make, directly or indirectly, any financial transaction that involves or purports to involve currency or a monetary instrument;
(e) interrupting or redirecting, directly or indirectly, any financial transaction that involves currency or a monetary instrument;
(f) interfering with the movement of any person, excluding the detention of an individual; and
(g) personating a person, other than a police officer, in order to take a measure referred to in any of paragraphs (a) to (f).
(2) Paragraph 21.1(2)(c) of the Act is replaced by the following:
(c) the reasonableness and proportionality, in the circumstances, of the proposed measures, 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;
104 Paragraph 22.1(1)(b) of the Act is replaced by the following:
(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.
105 Section 22.2 of the Act is replaced by the following:
Marginal note: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.
106 Subsection 24.1(1) of the Act is replaced by the following:
Marginal note: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.
107 Section 27 of the Act is replaced by the following:
Marginal note:Hearing of applications
27 An application for a judicial authorization under section 11.13, an application under section 21, 21.1 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 heard in private in accordance with regulations made under section 28.
Marginal note: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).
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
108 Paragraphs 28(a) and (b) of the Act are replaced by the following:
(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 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 or 23, for renewals of those warrants and for orders that may be made under section 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; and
109 The Act is amended by adding the following after section 40:
Marginal note:Report on activities of Service
40.1 (1) If the Review Committee is of the opinion that the Service may not be carrying out, or may not have carried out, its activities in accordance with this Act and the regulations, the Review Committee shall submit a written report to the Minister on those activities. The Review Committee shall provide the Director with a copy of its report.
Marginal note:Report and comments to Attorney General of Canada
(2) The Minister shall provide the Attorney General of Canada with a copy of any report that the Minister receives under subsection (1), together with any comment that he or she considers appropriate in the circumstances.
Marginal note:Copies to Review Committee
(3) A copy of anything provided to the Attorney General of Canada under subsection (2) shall be provided to the Review Committee as soon as the circumstances permit.
Transitional Provisions
Marginal note:Definitions
110 The following definitions apply in section 111.
- commencement day
commencement day means the day on which section 96 comes into force. (date de référence)
- dataset
dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données)
- Service
Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service)
Marginal note:Datasets collected by Service
111 If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day.
PART 52015, c. 20, s. 2Security of Canada Information Sharing Act
Amendments to the Act
112 The long title of the English version of the Security of Canada Information Sharing Act is replaced by the following:
113 (1) The sixth paragraph of the preamble of the English version of the Act is replaced by the following:
Whereas Parliament recognizes that information needs to be disclosed — and disparate information needs to be collated — in order to enable the Government to protect Canada and its people against activities that undermine the security of Canada;
(2) The seventh and eighth paragraphs of the preamble of the Act are replaced by the following:
Whereas Government of Canada institutions are accountable for the effective and responsible disclosure of information in a manner that respects the Canadian Charter of Rights and Freedoms, the Privacy Act and other laws regarding the protection of privacy;
And whereas an explicit authority will facilitate the effective and responsible disclosure of information to protect the security of Canada;
114 Section 1 of the English version of the Act is replaced by the following:
Marginal note:Short title
1 This Act may be cited as the Security of Canada Information Disclosure Act.
115 (1) The definition people of Canada in section 2 of the Act is repealed.
(2) The portion of the definition activity that undermines the security of Canada in section 2 of the Act before paragraph (b) is replaced by the following:
- activity that undermines the security of Canada
activity that undermines the security of Canada means any activity that undermines the sovereignty, security or territorial integrity of Canada or threatens the lives or the security of people in Canada or of any individual who has a connection to Canada and who is outside Canada. For greater certainty, it includes
(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations or public safety;
(3) The portion of the definition activity that undermines the security of Canada in section 2 of the Act after paragraph (e) is replaced by the following:
(f) significant or widespread interference with critical infrastructure;
(g) significant or widespread interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act; and
(h) conduct that takes place in Canada and that undermines the security of another state. (activité portant atteinte à la sécurité du Canada)
(4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:
Marginal note:Exception
(2) For the purposes of this Act, advocacy, protest, dissent or artistic expression is not an activity that undermines the security of Canada unless carried on in conjunction with an activity that undermines the security of Canada.
116 Section 3 of the English version of the Act is replaced by the following:
Marginal note:Purpose
3 The purpose of this Act is to encourage and facilitate the disclosure of information between Government of Canada institutions in order to protect Canada against activities that undermine the security of Canada.
117 (1) The portion of section 4 of the English version of the Act before paragraph (c) is replaced by the following:
Marginal note:Guiding principles
4 The disclosure of information under this Act is to be guided by the following principles:
(a) effective and responsible disclosure of information protects Canada and Canadians;
(b) respect for caveats on and originator control over disclosed information is consistent with effective and responsible disclosure of information;
(2) Paragraph 4(c) of the Act is replaced by the following:
(c) entry into an information-sharing arrangement is appropriate when a Government of Canada institution regularly discloses information to the same Government of Canada institution;
(3) Paragraph 4(d) of the English version of the Act is replaced by the following:
(d) the provision of feedback as to how disclosed information is used and as to whether it is useful in protecting against activities that undermine the security of Canada facilitates effective and responsible information disclosure; and
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