- (a) appoint or lay off the Establishment’s employees, revoke their appointment or terminate their employment; and
- (b) establish standards, procedures and processes governing staffing, including governing the appointment of employees, lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.
Marginal note: Powers of the Chief
13 In exercising his or her authority under subsection 12(1), the Chief may
- (a) determine the human resources requirements of the Establishment and provide for the allocation and effective utilization of human resources in the Establishment;
- (b) provide for the classification of positions and of the Establishment’s employees;
- (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which the Establishment’s employees are entitled for services rendered, their hours of work and their leave and any related matters;
- (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to the Establishment’s employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment;
- (e) determine the learning, training and development requirements of the Establishment’s employees and fix the terms on which the learning, training and development may be carried out;
- (f) provide for the awards that may be made to the Establishment’s employees for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
- (g) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties;
- (h) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of the Establishment’s employees for reasons other than breaches of discipline or misconduct;
- (i) establish policies respecting the exercise of the powers granted by this section; and
- (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that the Chief considers necessary for effective human resources management in the Establishment.
Marginal note: Negotiation of collective agreements
14 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Establishment employees, the Chief must have the Establishment’s negotiating mandate approved by the President of the Treasury Board.
Mandate
Marginal note: Mandate
- 15 (1) The Establishment is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance.
- Marginal note: Aspects of the mandate (2) The Establishment’s mandate has five aspects: foreign intelligence, cybersecurity and information assurance, defensive cyber operations, active cyber operations and technical and operational assistance.
Marginal note: Foreign intelligence
16 The foreign intelligence aspect of the Establishment’s mandate is to acquire, covertly or otherwise, information from or through the global information infrastructure, including by engaging or interacting with foreign entities located outside Canada or by using any other method of acquiring information, and to use, analyse and disseminate the information for the purpose of providing foreign intelligence, in accordance with the Government of Canada’s intelligence priorities.
Marginal note: Cybersecurity and information assurance
17 The cybersecurity and information assurance aspect of the Establishment’s mandate is to
- (a) provide advice, guidance and services to help protect
- (i) federal institutions’ electronic information and information infrastructures, and
- (ii) electronic information and information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada; and
Marginal note: Defensive cyber operations
18 The defensive cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to help protect
- (a) federal institutions’ electronic information and information infrastructures; and
- (b) electronic information and information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada.
Marginal note: Active cyber operations
19 The active cyber operations aspect of the Establishment’s mandate is to carry out activities on or through the global information infrastructure to degrade, disrupt, influence, respond to or interfere with the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group as they relate to international affairs, defence or security.
Marginal note: Technical and operational assistance
20 The technical and operational assistance aspect of the Establishment’s mandate is to provide technical and operational assistance to federal law enforcement and security agencies, the Canadian Forces and the Department of National Defence.
Marginal note: Designation
- 21 (1) The Minister may, by order, designate any electronic information, any information infrastructures or any class of electronic information or information infrastructures as electronic information or information infrastructures — as the case may be — of importance to the Government of Canada.
- Marginal note: Statutory Instruments Act (2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act .
Activities
Marginal note: No activities — Canadians and persons in Canada
- 22 (1) Activities carried out by the Establishment in furtherance of the foreign intelligence, cybersecurity and information assurance, defensive cyber operations or active cyber operations aspects of its mandate must not be directed at a Canadian or at any person in Canada and must not infringe the Canadian Charter of Rights and Freedoms .
- Marginal note: No activities — global information infrastructure in Canada or without authorization (2) Activities carried out by the Establishment in furtherance of the defensive cyber operations or active cyber operations aspects of its mandate
- (a) must not be directed at any portion of the global information infrastructure that is in Canada; and
- (b) must not be carried out except under an authorization issued under subsection 29(1) or 30(1).
Marginal note: Establishment’s activities
- 23 (1) Despite subsections 22(1) and (2), the Establishment may carry out any of the following activities in furtherance of its mandate:
- (a) acquiring, using, analysing, retaining or disclosing publicly available information;
- (b) acquiring, using, analysing, retaining or disclosing infrastructure information for the purpose of research and development, for the purpose of testing systems or conducting cybersecurity and information assurance activities on the infrastructure from which the information was acquired; and
- (c) testing or evaluating products, software and systems, including testing or evaluating them for vulnerabilities.
- (a) carrying out activities on information infrastructures to identify or isolate malicious software, prevent malicious software from harming those information infrastructures or mitigate any harm that malicious software causes to them; and
- (b) analysing information in order to be able to provide advice on the integrity of supply chains and on the trustworthiness of telecommunications, equipment and services.
- (a) any functional component, physical or logical, of the global information infrastructure; or
- (b) events that occur during the interaction between two or more devices that provide services on a network — not including end-point devices that are linked to individual users — or between an individual and a machine, if the interaction is about only a functional component of the global information infrastructure.
It does not include information that could be linked to an identifiable person. ( information sur l’infrastructure )
Marginal note: Measures to protect privacy
24 The Establishment must ensure that measures are in place to protect the privacy of Canadians and of persons in Canada in the use, analysis, retention and disclosure of
- (a) information related to them acquired in the course of the furtherance of the foreign intelligence and cybersecurity and information assurance aspects of the Establishment’s mandate; or
- (b) publicly available information related to them acquired under paragraph 23(1)(a).
Marginal note: Technical and operational assistance activities
- 25 (1) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then the Establishment, in the course of providing the assistance, has the same authority to carry out any activity as would have the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if it were carrying out the activity, and is subject to any limitations imposed by law on the agency, the Canadian Forces or that Department, including requirements with respect to any applicable warrant.
- Marginal note: Exemptions, protections and immunities (2) If the Establishment provides assistance in furtherance of the technical and operational assistance aspect of its mandate, then persons authorized to act on the Establishment’s behalf benefit from the same exemptions, protections and immunities as would persons authorized to act on behalf of the federal law enforcement or security agency, the Canadian Forces or the Department of National Defence, as the case may be, if those persons were carrying out the activity.
Authorizations
Foreign Intelligence and Cybersecurity Authorizations
Marginal note: Foreign Intelligence Authorizations
- 26 (1) The Minister may issue a Foreign Intelligence Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the foreign intelligence aspect of its mandate.
- Marginal note: Activities authorized (2) Activities and classes of activities that a Foreign Intelligence Authorization may authorize the Establishment to carry out may include any of the following:
- (a) gaining access to a portion of the global information infrastructure;
- (b) acquiring information on or through the global information infrastructure, including unselected information;
- (c) installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure;
- (d) doing anything that is reasonably necessary to maintain the covert nature of the activity; and
- (e) carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activity, authorized by the authorization.
Marginal note: Cybersecurity Authorizations — federal infrastructures
- 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code , from mischief, unauthorized use or disruption.
- Marginal note: Cybersecurity Authorizations — non-federal infrastructures (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code , from mischief, unauthorized use or disruption.
Marginal note: Approval of Commissioner
- 28 (1) An authorization issued under subsection 26(1) or 27(1) or (2) is valid when — if it 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 authorization.
- Marginal note: No activities until authorization valid (2) For greater certainty, no activity that is specified in an authorization issued under subsection 26(1) or 27(1) or (2) is authorized until the authorization is valid under subsection (1).
Cyber Operations Authorizations
Marginal note: Defensive Cyber Operations Authorizations
- 29 (1) The Minister may issue a Defensive Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the defensive cyber operations aspect of its mandate.
- Marginal note: Minister of Foreign Affairs (2) The Minister may issue the authorization only if he or she has consulted the Minister of Foreign Affairs.
Marginal note: Active Cyber Operations Authorizations
- 30 (1) The Minister may issue an Active Cyber Operations Authorization to the Establishment that authorizes it, despite any other Act of Parliament or of any foreign state, to carry out, on or through the global information infrastructure, any activity specified in the authorization in the furtherance of the active cyber operations aspect of its mandate.
- Marginal note: Minister of Foreign Affairs (2) The Minister may issue the authorization only if the Minister of Foreign Affairs has requested the authorization’s issue or has consented to its issue.
- Marginal note: Request or consent in writing (3) The request or consent of the Minister of Foreign Affairs may be oral, but in that case he or she must provide written confirmation of the request or consent to the Minister as soon as feasible.
Marginal note: Activities authorized
31 Activities and classes of activities that an authorization issued under subsection 29(1) or 30(1) may authorize the Establishment to carry out may include any of the following:
- (a) gaining access to a portion of the global information infrastructure;
- (b) installing, maintaining, copying, distributing, searching, modifying, disrupting, deleting or intercepting anything on or through the global information infrastructure;
- (c) doing anything that is reasonably necessary to maintain the covert nature of the activity; and
- (d) carrying out any other activity that is reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
Marginal note: Prohibited conduct
- 32 (1) In carrying out any activity under an authorization issued under subsection 29(1) or 30(1), the Establishment must not
- (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual; or
- (b) wilfully attempt in any manner to obstruct, pervert or defeat the course of justice or democracy.
Procedure
Marginal note: Applications for authorizations
- 33 (1) The Minister may issue an authorization under subsection 26(1), 27(1) or (2), 29(1) or 30(1) only on the written application of the Chief.
- Marginal note: Contents of application (2) The application must set out the facts that would allow the Minister to conclude that there are reasonable grounds to believe that the authorization is necessary and that the conditions for issuing it are met.
- Marginal note: Written request of infrastructure owner or operator (3) If the application is for an authorization to be issued under subsection 27(2), the application must include the written request of the owner or operator of the information infrastructure to the Establishment to carry out the activity that would be authorized.
- Marginal note: Minister of Foreign Affairs’ request or consent (4) If the application is for an authorization to be issued under subsection 30(1), the application must include the request or consent referred to in subsection 30(2) if it is in writing.
Marginal note: Conditions for authorizations
- 34 (1) The Minister may issue an authorization under subsection 26(1), 27(1) or (2), 29(1) or 30(1) only if he or she concludes that there are reasonable grounds to believe that any activity that would be authorized by it is reasonable and proportionate, having regard to the nature of the objective to be achieved and the nature of the activities.
- Marginal note: Conditions for authorizations — foreign intelligence (2) The Minister may issue an authorization under subsection 26(1) only if he or she concludes that there are reasonable grounds to believe — in addition to the matters referred to in subsection (1) — that
- (a) any information acquired under the authorization could not reasonably be acquired by other means and will be retained for no longer than is reasonably necessary;
- (b) any unselected information acquired under the authorization could not reasonably be acquired by other means, in the case of an authorization that authorizes the acquisition of unselected information; and
- (c) the measures referred to in section 24 will ensure that information acquired under the authorization that is identified as relating to a Canadian or a person in Canada will be used, analysed or retained only if the information is essential to international affairs, defence or security.
- (a) any information acquired under the authorization will be retained for no longer than is reasonably necessary;
- (b) the consent of all persons whose information may be acquired could not reasonably be obtained, in the case of an authorization to be issued under subsection 27(1);
- (c) any information acquired under the authorization is necessary to identify, isolate, prevent or mitigate harm to
- (i) federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 27(1), or
- (ii) electronic information or information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 27(2); and
- (i) federal institutions’ electronic information or information infrastructures, in the case of an authorization to be issued under subsection 27(1), or
- (ii) electronic information or information infrastructures designated under subsection 21(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 27(2).
Marginal note: Content of authorizations
35 An authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) must specify
- (a) the activities or classes of activities that it authorizes the Establishment to carry out;
- (b) the activities or classes of activities referred to in paragraph (a) that would otherwise be contrary to any other Act of Parliament;
- (c) the persons or classes of persons who are authorized to carry out the activities or classes of activities referred to in paragraph (a);
- (d) any terms, conditions or restrictions that the Minister considers advisable in the public interest, or advisable to ensure the reasonableness and proportionality of any activity authorized by the authorization;
- (e) in the case of an authorization issued under subsection 26(1) or 27(1) or (2), any other terms, conditions or restrictions that the Minister considers advisable to protect the privacy of Canadians and of persons in Canada, including conditions to limit the use, analysis and retention of, access to, and the form and manner of disclosure of, information related to them;
- (f) in the case of an authorization issued under subsection 26(1), whether the activities authorized include acquiring unselected information, and any terms, conditions or restrictions that the Minister considers advisable to limit the use, analysis and retention of, and access to, unselected information;
- (g) the day on which the authorization is issued;
- (h) the day on which the authorization expires; and
- (i) anything else reasonable in the circumstances and reasonably necessary in aid of any other activity, or class of activities, authorized by the authorization.
Marginal note: Period of validity of authorizations
- 36 (1) An authorization issued under subsection 26(1), 27(1) or (2), 29(1) or 30(1) may be valid for a period not exceeding one year.
- Marginal note: Extension — foreign intelligence or cybersecurity (2) The Minister may extend the period of validity of an authorization issued under subsection 26(1) or 27(1) or (2) by up to a period not exceeding one year from the day referred to in paragraph 35(h).
- Marginal note: No review by Commissioner (3) The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act .
- Marginal note: Extension — authorization (4) The Minister must, as soon as feasible, notify the Commissioner of any extension of an authorization.
Repeal and Amendment
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
- Marginal note: 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).
Emergency Authorizations
Marginal note: 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).
- Marginal note: 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 .
- Marginal note: 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).
Marginal note: 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.
Marginal note: Period of validity of authorizations
42 An authorization issued under subsection 40(1) may be valid for a period not exceeding five days.
Disclosure of Information
Marginal note: 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.
Marginal note: 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.
Marginal note: 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).
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
General Rules About Authorizations
Marginal note: 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).
Marginal note: 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 .
- Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
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.
Marginal note: 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.
- Marginal note: 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).
- Marginal note: 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).
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 .
Arrangements
Marginal note: 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.
- Marginal note: 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.
General
Marginal note: Prohibition on disclosure
- 55 (1) It is prohibited, in a proceeding before a court, person or body with jurisdiction to compel the production of information, to disclose the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or any information from which the identity of such a person or entity could be inferred.
- Marginal note: Exceptions (2) Subsection (1) does not apply when
- (a) the information or identity is disclosed by the person or entity to their solicitor or, in Quebec, advocate in connection with a proceeding, if the information is relevant to that proceeding;
- (b) the information or identity is disclosed to enable the Attorney General of Canada, a judge or a court hearing an appeal from, or a review of, an order of the judge to discharge their responsibilities under this section; or
- (c) the information or identity is disclosed to the Commissioner or to the Review Agency.
- (a) the identity of any person or entity that has assisted or is assisting the Establishment on a confidential basis, and any information from which the identity of such a person or entity could be inferred; and
- (b) information and other evidence provided in respect of an application under any provision referred to in subsection (4) if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or would endanger the safety of any person.
- (a) the person or entity is not a person or entity that has assisted or is assisting the Establishment on a confidential basis, or the information is not information from which the identity of such a person or entity could be inferred; or
- (b) in the case of a proceeding that is a prosecution of an offence, the disclosure of the identity of a person or entity that has assisted or is assisting the Establishment on a confidential basis, or information from which the identity of such a person or entity could be inferred, is essential to establish the accused’s innocence and may be disclosed in the proceeding.
Marginal note: 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.
57 For the purposes of the Access to Information Act , if any , as defined in section 3 of that Act, of any other , 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.
58 For the purposes of the Privacy Act , if any , as defined in section 3 of that Act, of any other , 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.
Marginal note: 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.
Regulations
Marginal note: 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.
Table of Contents
RELATED PROVISIONS
-
— 2019, c. 13, s. 77
- 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) the schedule to the 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 .
Definitions
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
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
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
Arrangements
References