(a) add a preamble to that Act and provide a mechanism to enhance the accountability of the Canadian Security Intelligence Service;

(b) add new limits on the exercise of the Service’s power to reduce threats to the security of Canada including, in particular, by setting out a list of measures that may be authorized by the Federal Court;

(c) provide a justification, subject to certain limitations, for the commission of acts or omissions that would otherwise constitute offences;

(d) exempt employees of the Service and persons acting under their direction from liability for offences related to acts committed for the sole purpose of establishing or maintaining a covert identity;

(e) create a regime for the Service to collect, retain, query and exploit datasets in the course of performing its duties and functions;

(f) make amendments to the warrant regime that are related to datasets; and

(g) implement measures for the management of datasets.

Part 5 amends the Security of Canada Information Sharing Act to, among other things,

(a) make certain procedural modifications to the terrorist listing regime under section 83.‍05, such as providing for a staggered ministerial review of listed entities and granting the Minister of Public Safety and Emergency Preparedness the authority to amend the names, including aliases, of listed entities;

(b) change the offence of advocating or promoting terrorism offences in general, in section 83.‍221, to one of counselling the commission of a terrorism offence, and make corresponding changes to the definition of terrorist propaganda;

(c) raise one of the thresholds for imposing a recognizance with conditions under section 83.‍3, and amend when that section is to be reviewed and, unless extended by Parliament, to cease to have effect;

(d) repeal sections 83.‍28 and 83.‍29 relating to an investigative hearing into a terrorism offence and repeal subsections 83.‍31(1) and (1.‍1), which require annual reports on such hearings;

(e) require the Attorney General of Canada to publish a report each year setting out the number of terrorism recognizances entered into under section 810.‍011 in the previous year; and

(f) authorize a court, in proceedings for recognizances under any of sections 83 and 810 to 810.‍2, to make orders for the protection of witnesses.

TABLE OF PROVISIONS

An Act to establish the National Security and Intelligence Review Agency

Short Title

1 This Act may be cited as the National Security and Intelligence Review Agency Act.

Definitions

2 The following definitions apply in this Act.

appropriate Minister means  

• (a) with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;

• (b) with respect to a division or branch of the federal public administration set out in column I of Schedule I.‍1 to the Financial Administration Act, the Minister set out in column II of that schedule;

• (c) with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act;

• (d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or

• (e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)

department means, other than in Insertion start subsection Insertion end 42(2), a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration  —  other than a review body and the office of the Intelligence Commissioner —  set out in column I of Schedule I.‍‍1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère)

deputy head means, except in section 42,

• (a) with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department;

• (b) with respect to the Canadian Forces, the Chief of the Defence Staff;

• (c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;

• (d) with respect to the Canadian Security Intelligence Service, the Director;

• (e) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act; and

• (f) with respect to any inquiry established under the Inquiries Act, if there is a single commissioner, that commissioner or, if there is more than one commissioner, the commissioner designated by order of the Governor in Council to be the deputy head of that inquiry for the purposes of this Act. (administrateur général)

Director means the Director of the Canadian Security Intelligence Service. (directeur)

Review Agency means the National Security and Intelligence Review Agency established under section 3. (Office de surveillance)

review body means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.‍29(1) of the Royal Canadian Mounted Police Act. (organisme de surveillance)

Review Agency and Members

3 The National Security and Intelligence Review Agency is established, consisting of a Chair and no fewer than three and no more than six other members.

4 (1) The Governor in Council is to appoint, on the recommendation of the Prime Minister, the members of the Review Agency.

(2) A member may be appointed to the Review Agency only after consultation by the Prime Minister with

• (a) the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act;

• (b) the leader of every caucus and of every recognized group in the Senate;

• (c) the Leader of the Opposition in the House of Commons; and

• (d) the leader in the House of Commons of each party having at least twelve members in that House.

(3) Each member of the Review Agency must be appointed to hold office during good behaviour for a term not exceeding five years.

(4) Each member of the Review Agency, on the expiry of their first term of office, is eligible to be reappointed for one further term.

(5) The Governor in Council is to designate, on the recommendation of the Prime Minister, the Chair of the Review Agency from among the members of the Agency.

(6) The Governor in Council may designate, on the recommendation of the Prime Minister, the Vice-chair of the Review Agency from among the members of the Agency.

(7) The Chair and Vice-chair may be designated to hold office on a full-time or part-time basis. Every member of the Review Agency who is not designated as the Chair or Vice-chair holds office on a part-time basis.

5 (1) If the Chair is absent or incapacitated or if the office of Chair is vacant, the Vice-chair of the Review Agency is to act as the Chair; but if the Vice-chair is absent or incapacitated, or if that office is vacant, the Chair may designate another member of the Agency to act as the Chair or, if no such designation is made, the Agency must designate a member of the Agency to act as the Chair.

(2) No member designated under subsection (1) may act as the Chair for more that 90 days without the approval of the Governor in Council.

6 (1) Each member of the Review Agency who holds office on a part-time basis is entitled to be paid, for each day that the member exercises powers and performs duties and functions under this Act, the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of residence.

(2) The Chair and Vice-chair, if they are designated to hold office on a full-time basis, are entitled to be paid the remuneration that is fixed by the Governor in Council and, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of their powers and the performance of their duties and functions while absent from their ordinary place of work.

7 Each member of the Review Agency is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Each full-time member of the Agency is also deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

7.‍1 Subject to this Act, the Review Agency may determine the procedure to be followed in the exercise of its powers or the performance of any of its duties or functions.

Mandate

8 (1) The mandate of the Review Agency is to

• (a) review any activity carried out by the Canadian Security Intelligence Service or the Communications Security Establishment;

• (b) review any activity carried out by a department that relates to national security or intelligence;

• (c) review any matter that relates to national security or intelligence that a minister of the Crown refers to the Agency; and

• (d) investigate

  • (i) any complaint made under subsection 16(1), 17(1) or 18(3),

  • (ii) any complaint referred to the Agency under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act,

  • (iii) reports made to the Agency under section 19 of the Citizenship Act, and

  • (iv) matters referred to the Agency under section 45 of the Canadian Human Rights Act.

(2) In the course of its review of activities carried out by the Canadian Security Intelligence Service, the Review Agency must, each calendar year, review at least one aspect of the Service’s performance in taking measures to reduce threats to the security of Canada.

(2.‍1) The Review Agency must review the implementation of significant aspects of every new or modified ministerial direction that is issued to any of the following:

• (a) the Canadian Security Intelligence Service;

• (b) the Communications Security Establishment; and

• (c) any other department if the ministerial direction relates to national security or intelligence.

  End of inserted block

(3) In the course of its reviews, the Review Agency may make any finding or recommendation that it considers appropriate, including findings and recommendations relating to

• (a) a department’s compliance with the law and any applicable ministerial directions; and

• (b) the reasonableness and necessity of a department’s exercise of its powers.

Access to Information

9 (1) Despite any other Act of Parliament and subject to section 12, the Review Agency is entitled, in relation to its reviews, to have access in a timely manner to any information that is in the possession or under the control of any department.

(2) Under subsection (1), the Review Agency is entitled to have access to information that is subject to Insertion start any priv­ilege under the law of evidence Insertion end , solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

(3) For greater certainty, the disclosure to the Review Agency under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

10 Despite any other Act of Parliament Insertion start and any privilege under the law of evidence Insertion end and subject to section 12, the Review Agency is entitled to have access in a timely manner to the following information:

• (a) in relation to a complaint made under subsection 16(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

• (b) in relation to a complaint made under subsection 17(1), any information that relates to the complaint and that is in the possession or under the control of the Canadian Security Intelligence Service or the Communications Security Establishment;

• (c) in relation to a complaint made under subsection 18(3), any information that relates to the complaint and that is in the possession or under the control of the deputy head concerned, the Canadian Security Intelligence Service or the Communications Security Establishment; and

• (d) in relation to a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act, any information that relates to the complaint and that is in the possession or under the control of the review body, the Royal Canadian Mounted Police, the Canadian Security Intelligence Service or the Communications Security Establishment.

11 (1) Under sections 9 and 10, the Review Agency is entitled to receive from the deputy head or employees of the department concerned any documents and explanations that the Agency deems necessary for the exercise of its powers and the performance of its duties and functions.

(2) For the purposes of sections 9 and 10, the Review Agency is entitled to decide whether information relates to the review or complaint in question.

(3) In the event of any inconsistency or conflict between sections 9 and 10 and any provision of an Act of Parliament other than this Act, section 9 or 10 prevails to the extent of the inconsistency or conflict.

12 The Review Agency is not entitled to have access to a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.

Review Body

13 The Review Agency and the review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Agency and the review body in relation to the fulfilment of their respective mandates.

14 (1) Despite any provision of any other Act of Parliament — including section 45.‍47 of the Royal Canadian Mounted Police Act — and subject to subsection (2), the review body may provide to the Review Agency information that is in its possession or under its control and that is related, in the review body’s opinion, to the fulfilment of the Agency’s mandate under paragraphs 8(1)‍(a) to (c).

(2) The review body must not provide to the Review Agency information that is referred to in section 12.

15 (1) The Review Agency may provide to the review body information that is obtained from — or that is created by the Agency from information obtained from — the Royal Canadian Mounted Police and that is related, in the Agency’s opinion, to the fulfilment of the review body’s mandate under subsection 45.‍34(1) of the Royal Canadian Mounted Police Act.

(2) The Review Agency must not provide to the review body information that is referred to in subsection 45.‍42(1) of the Royal Canadian Mounted Police Act.

Coordination

15.‍1 (1) When fulfilling its mandate under any of paragraphs 8(1)‍(a) to (c), the Review Agency may coordinate its activities with those of the Privacy Commissioner under subsection 37(1) of the Privacy Act to avoid any unnecessary duplication of work.

(2) The Review Agency may, to the extent that it considers it necessary for the purpose of subsection (1), provide the Privacy Commissioner with information concerning its reviews under any of paragraphs 8(1)‍(a) to (c).

Complaints

16 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Canadian Security Intelligence Service and the Agency must, subject to subsection (2), investigate the complaint if

• (a) the complainant has made a complaint to the Director with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

• (b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Canadian Security Intelligence Service Act or the Federal Public Sector Labour Relations Act.

17 (1) Any person may make a complaint to the Review Agency with respect to any activity carried out by the Communications Security Establishment and the Agency must, subject to subsection (2), investigate the complaint if

• (a) the complainant has made a complaint to the Chief of the Communications Security Establishment with respect to that activity and the complainant has not received a response within a period of time that the Agency considers reasonable or is dissatisfied with the response given; and

• (b) the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

(2) The Review Agency must not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established under the Federal Public Sector Labour Relations Act.

18 (1) If, by reason only of the denial of a security clearance required by the Government of Canada, a decision is made by a deputy head to deny employment to an individual or to dismiss, demote or transfer an individual or to deny a promotion or transfer to an individual, the deputy head must send, within 10 days after the decision is made, a notice informing the individual of the denial of the security clearance.

(2) If, by reason only of the denial of a security clearance required by the Government of Canada to be given in respect of an individual, a decision is made to deny the individual or any other person a contract to provide goods or services to the Government of Canada, the deputy head concerned must send, within 10 days after the decision is made, a notice informing the individual and, if applicable, the other person of the denial of the security clearance.

(3) The Review Agency must receive and investigate a complaint from

• (a) any individual referred to in subsection (1) who has been denied a security clearance; or

• (b) any person who has been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance in respect of that person or any individual.

(4) A complaint under subsection (3) must be made within 30 days after receipt of the notice referred to in subsection (1) or (2) or within any longer period that the Review Agency allows.

19 The Review Agency must receive and investigate a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act if the Agency is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.

20 Nothing in this Act precludes the Review Agency from receiving and investigating complaints referred to in subsections 16(1), 17(1) and 18(3) that are submitted by a person authorized by the complainant to act on behalf of the complainant, and a reference to a complainant in any other provision of this Act includes a reference to a person so authorized.

21 A complaint under subsection 16(1), 17(1) or 18(3) must be made to the Review Agency in writing unless the Agency authorizes otherwise.

22 The Review Agency must, as soon as feasible after receiving a complaint made under subsection 18(3), send to the complainant a statement summarizing the information available to the Agency that will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance and must send a copy of the statement to the Director and the deputy head concerned.

Informal Resolution

23 (1) The Review Agency may attempt to resolve the complaint informally.

(2) The resolution of a complaint through an informal process, as well as the agreement of the parties to that resolution, must be set out in writing and a copy is to be provided to the Review Agency.

Investigations

24 Before commencing an investigation referred to in subsection 18(3), the Review Agency must inform the Director and, if applicable, the deputy head concerned of its intention to carry out the investigation and of the substance of the matter.

25 (1) Every investigation by the Review Agency is to be conducted in private.

(2) In the course of an investigation of a complaint, the complainant, the deputy head concerned and, if the complaint is made under subsection 18(3), the Director must be given an opportunity to make representations to the Review Agency, to present evidence and to be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on representations made to the Agency by any other person.

26 In the course of an investigation of a complaint, the Review Agency must, if appropriate, ask the Canadian Human Rights Commission for its opinion or comments with respect to the complaint.

27 The Review Agency has, in relation to the investigation of any complaint, the power

• (a) to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency deems requisite to the full investigation and consideration of the complaint in the same manner and to the same extent as a superior court of record;

• (b) to administer oaths; and

• (c) to receive and accept the evidence and other information, whether on oath or by affidavit or otherwise, that the Agency considers appropriate, whether or not that evidence or information is or would be admissible in a court of law.

27.‍1 Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.

28 Except in a prosecution under section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.

29 (1) The Review Agency must,

• (a) on completion of an investigation in relation to a complaint under subsection 16(1), provide the appropriate Minister and the Director with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate;

• (b) on completion of an investigation in relation to a complaint under subsection 17(1), provide the appropriate Minister and the Chief of the Communications Security Establishment with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate; and

• (c) on completion of an investigation in relation to a complaint referred to it under subsection 45.‍53(4.‍1) or 45.‍67(2.‍1) of the Royal Canadian Mounted Police Act, provide the appropriate Minister and the Commissioner of the Royal Canadian Mounted Police with a report containing the findings of the investigation and any recommendations that the Agency considers appropriate.

(2) After providing a report under any of paragraphs (1)‍(a) to (c), the Review Agency must report the findings of the investigation to the complainant and may report to the complainant any recommendations it thinks fit.

(3) On completion of an investigation in relation to a complaint under subsection 18(3), the Review Agency must provide the Minister of Public Safety and Emergency Preparedness, the Director, the deputy head concerned and the complainant with a report containing any recommendations that the Agency considers appropriate, and those findings of the investigation that the Agency thinks fit to report to the complainant.

30 A member of the Review Agency may exercise any of the powers or perform any of the duties and functions of the Agency under sections 16 to 29 in relation to complaints.

Departmental Study

31 (1) For the purpose of ensuring that a department’s activities that relate to national security or intelligence are carried out in compliance with the law and any applicable ministerial directions, and are reasonable and necessary, the Review Agency may direct the department to conduct a study of those activities.

(2) A department that conducts a study under subsection (1) must provide the appropriate Minister with a report on the study and must give a copy of the report to the Review Agency at the same time.

Reports to Ministers

32 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Canadian Security Intelligence Service during that period.

(2) The annual report must include information relating to

• (a) the compliance of the Canadian Security Intelligence Service with the law and any applicable ministerial directions; and

• (b) the reasonableness and necessity of the Canadian Security Intelligence Service’s exercise of its powers.

33 (1) The Review Agency must, in relation to every calendar year, submit to the appropriate Minister a report with respect to the activities of the Communications Security Establishment during that period.

(2) The annual report must include information relating to

• (a) the compliance of the Communications Security Establishment with the law and any applicable ministerial directions; and

• (b) the reasonableness and necessity of the Communications Security Establishment’s exercise of its powers.

34 The Review Agency may submit to the appropriate Minister a report with respect to any matter that relates to a department and that is the subject of a review by the Agency.

35 (1) The Review Agency must submit to the appropriate Minister a report with respect to any activity that is related to national security or intelligence and carried out by a department if, in the Agency’s opinion, the activity may not be in compliance with the law. The Agency must give a copy of the report to the deputy head concerned.

(2) As soon as feasible after the Minister receives a report under subsection (1), he or she must give a copy of the report to the Attorney General of Canada, together with any comment that he or she considers appropriate in the circumstances.

(3) The Minister must give a copy of anything given to the Attorney General of Canada under subsection (2) to the Review Agency at the same time.

36 The Review Agency must give a copy of any report, or any part of a report, that it submits under any of sections 32 to 35 to the Intelligence Commissioner if that report or part relates to that Commissioner’s powers, duties and functions.

37 (1) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Canadian Security Intelligence Service of its powers, duties and functions.

(2) At least once a calendar year the Chair of the Review Agency, or a person designated by the Chair, must meet with the appropriate Minister and brief him or her on the exercise of, or the performance by, the Communications Security Establishment of its powers, duties and functions.

(3) The Chair of the Review Agency, or a person designated by the Chair, may meet with any appropriate Minister and brief him or her on a department’s performance in carrying out any activity related to national security or intelligence.

Public Reports

38 (1) The Review Agency must, each calendar year, submit to the Prime Minister a report with respect to its activities during the previous calendar year and the findings and recommendations it made during the calendar year in question.

(2) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

39 (1) The Review Agency must, every calendar year, submit to the Minister of Public Safety and Emergency Preparedness a report respecting the disclosure of information under the Security of Canada Information Disclosure Act during the previous calendar year.

(2) The Minister of Public Safety and Emergency Preparedness must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

40 (1) If the Review Agency is of the opinion that it is in the public interest to report on any matter related to its mandate, it may submit a special report to the appropriate Minister.

(2) The appropriate Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Secretariat

41 (1) The National Security and Intelligence Review Agency Secretariat is established.

(2) The Secretariat is to assist the Review Agency in fulfilling its mandate.

42 (1) There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office.

(2) The executive director has the rank and all the powers of a deputy head of a department.

43 If the executive director is absent or incapacitated or the office of executive director is vacant, the Governor in Council may appoint another person to act as executive director.

44 (1) The executive director is entitled to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work.

(2) The executive director is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

45 (1) The executive director has exclusive authority to

• (a) appoint or lay off the Secretariat’s employees, revoke their appointment or terminate their employment; and

• (b) establish standards, procedures and processes governing staffing, including the appointment or lay-off of employees, revocation of their appointment or termination of their employment otherwise than for cause.

(2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the executive director to deal with the matters referred to in subsection (1).

(3) Part 7 of the Public Service Employment Act Insertion start applies Insertion end to the executive director Insertion start and Insertion end the Insertion start Secretariat’s employees Insertion end . For the purposes of that Part, the Insertion start executive director Insertion end is deemed to be a deputy head, and the Secretariat’s employees are deemed to be employees, as defined in subsection 2(1) of that Act.

46 In exercising his or her authority under subsection 45(1), the executive director may

• (a) determine the human resources requirements of the Secretariat and provide for the allocation and effective utilization of human resources in the Secretariat;

• (b) provide for the classification of positions in and employees of the Secretariat;

• (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which Secretariat employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;

• (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to Secretariat 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 Secretariat 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 Secretariat 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 Secretariat 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 executive director considers necessary for effective human resources management in the Secretariat.

47 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of Secretariat employees, the executive director must have the Secretariat’s negotiating mandate approved by the President of the Treasury Board.

48 [Deleted]

49 The executive director may engage the services of persons having technical or specialized knowledge to advise and assist the Review Agency in the exercise of its powers and the performance of its duties and functions and, with the approval of the Treasury Board, may fix and pay their remuneration and expenses.

Security and Confidentiality

50 Each member of the Review Agency must take the following oath or make the following solemn affirmation:

51 Each member of the Review Agency, the executive director, each employee of the Secretariat and any person whose services the Secretariat engages under section 49 must

• (a) maintain the security clearance required by the Government of Canada; and

• (b) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

52 A member or former member of the Review Agency, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this Act only for the purpose of exercising their powers or performing their duties and functions under this Act or as required by any other law.

53 (1) The Review Agency must consult with the deputy heads concerned in preparing any of the following, in order to ensure that they do not contain information the disclosure of which would be injurious to national security, national defence or international relations or is information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege:

• (a) a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act; or

• (b) a report under subsection 29(2) or (3) or any of sections 38 to 40 of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act.

(2) In addition to the consultation set out in subsection (1) and for the same purpose, the Review Agency must consult with the Director

• (a) in preparing a statement under section 22 of this Act, subsection 45(6) of the Canadian Human Rights Act or subsection 19(5) of the Citizenship Act;

• (b) in preparing a report under subsection 29(3) of this Act, subsection 46(1) of the Canadian Human Rights Act or subsection 19(6) of the Citizenship Act; or

• (c) if the Agency considers it appropriate, in preparing any other report referred to in paragraph (1)‍(b).

54 The Review Agency must, if appropriate, consult with the department concerned in preparing any report referred to in sections 32 to 34 and 38 to 40 to ensure that the report does not contain information relating to the alleged contravention of any law of Canada or a province that, if it were to be disclosed to any Minister, may be seen to jeopardize the independence of a peace officer having jurisdiction to investigate the alleged contravention.

General

54.‍1 Nothing in this Act is to be construed as limiting the power of any body or person that is authorized under an Act of Parliament to conduct a review or investigation in relation to any activity of a department.

Governor in Council Powers

55 The Governor in council may, by order, designate

• (a) a federal Minister as the Minister responsible for this Act;

• (b) any person to act as deputy head of a portion of the federal public administration for the purposes of paragraph (e) of the definition deputy head in section 2; and

• (c) a commissioner appointed under the Inquiries Act to act as deputy head of an inquiry for the purposes of paragraph (f) of the definition deputy head in section 2.

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

18 The National Security and Intelligence Review Agency, for the purposes of sections 16 to 19 of the National Security and Intelligence Review Agency Act, with the exception of any information provided to the Agency by the complainant or an individual who has been denied a security clearance

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

Security Intelligence Review Committee

Comité de surveillance des activités de renseignement de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

Security Intelligence Review Committee

Comité de surveillance des activités de renseignements de sécurité

National Security and Intelligence Review Agency Secretariat

Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement

An Act respecting the disclosure of and request for information that would result in a substantial risk of mistreatment of an individual by a foreign entity and the use of information that is likely to have been obtained as the result of mistreatment of an individual by a foreign entity

Short Title

1 This Act may be cited as the Avoiding Complicity in Mistreatment by Foreign Entities Act.

Definitions

2 The following definitions apply in this Act.

appropriate Minister means

• (a) with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department;

• (b) with respect to a division or branch of the federal public administration set out in column I of Schedule I.‍1 to the Financial Administration Act, the Minister set out in column II of that Schedule;

• (c) with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act;

• (d) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Administration Act, the appropriate Minister as defined in that subsection; or

• (e) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent)

department  means a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.‍1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère)

deputy head means

• (a) with respect to a department named in Schedule I to the Financial Administration Act, the deputy minister of that department;

• (b) with respect to the Canadian Forces, the Chief of the Defence Staff;

• (c) with respect to the Royal Canadian Mounted Police, the Commissioner of the Royal Canadian Mounted Police;

• (d) with respect to the Canadian Security Intelligence Service, the Director;

• (e) with respect to the Canada Border Services Agency, the President;

• (f) with respect to the Communications Security Establishment, the Chief; and

• (g) with respect to any other portion of the federal public administration, the person designated by order of the Governor in Council to be the deputy head of that portion of the federal public administration for the purposes of this Act. (administrateur général)

mistreatment means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements)

review body means

• (a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.‍29(1) of the Royal Canadian Mounted Police Act;

• (b) the Commissioner of the Communications Security Establishment appointed under subsection 273.‍63(1) of the National Defence Act; or

• (c) the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act. (organisme de surveillance)

  End of inserted block

Directions

3 (1) The Governor in Council may, on the recommendation of the appropriate Minister, issue written directions to any deputy head in respect of

• (a) the disclosure of information to any foreign entity that would result in a substantial risk of mistreatment of an individual;

• (b) the making of requests to any foreign entity for information that would result in a substantial risk of mistreatment of an individual; and

• (c) the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.

  End of inserted block

(2) The Governor in Council must issue written directions in respect of the matters referred to in subsection (1) to the following deputy heads:

• (a) the Chief of the Defence Staff;

• (b) the Deputy Minister of National Defence;

• (c) the Deputy Minister of Foreign Affairs;

• (d) the Commissioner of the Royal Canadian Mounted Police;

• (e) the Director of the Canadian Security Intelligence Service;

• (f) the President of the Canada Border Services Agency; and

• (g) the Chief of the Communications Security Establishment.

  End of inserted block

(3) Directions are not statutory instruments within the meaning of the Statutory Instruments Act.

4 The Governor in Council may, by order, amend the schedule to add a reference to each deputy head to whom directions have been issued under section 3 or to delete any such reference if the directions that were issued to the deputy head have been repealed or if the deputy head’s position has ceased to exist or has changed name.

Deputy Heads

5 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, make them available to the public.

6 Every deputy head to whom directions have been issued under section 3 must, as soon as feasible after receiving them, provide a copy of the directions to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

7 (1) Every deputy head to whom directions have been issued under section 3 must, before March 1 of each year, submit to the appropriate Minister a report in respect of the implementation of those directions during the previous calendar year.

(2) Every deputy head must, as soon as feasible after submitting a report under subsection (1), make a version of it available to the public that does not contain information

• (a) the disclosure of which would be injurious to national security, national defence or international relations or compromise an ongoing operation or investigation; or

• (b) that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

  End of inserted block

Appropriate Ministers

8 (1) As soon as feasible after receiving a report under section 7, the appropriate Minister must provide a copy of it to the National Security and Intelligence Committee of Parliamentarians and, if applicable, to the relevant review body.

(2) The copy must not contain any information that the Committee or the relevant review body is not entitled to receive.

An Act respecting the office of the Intelligence Commissioner

Short Title

1 This Act may be cited as the Intelligence Commissioner Act.

Definition

2 In this Act, Commissioner means the Intelligence Commissioner appointed under subsection 4(1).

Designation of Minister

3 The Governor in Council may, by order, designate a federal minister as the Minister responsible for this Act.

Commissioner

4 (1) The Governor in Council, on the recommendation of the Prime Minister, is to appoint a retired judge of a superior court as the Intelligence Commissioner, to hold office during good behaviour for a term of not more than five years.

(2) A person appointed to be Commissioner is eligible to be reappointed for one additional term of not more than five years.

(3) The Commissioner is to perform his or her duties and functions on a part-time basis.

(4) The Commissioner is to be paid the remuneration that may be fixed by the Governor in Council.

(5) The Commissioner is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament, while absent from his or her ordinary place of residence.

(6) The Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

(7) In the event of the Commissioner’s absence or incapacity, or if that office is vacant, the Governor in Council is to appoint a retired judge of a superior court to act as Commissioner and, while acting as Commissioner, that person has all the Commissioner’s powers, duties and functions under this or any other Act of Parliament.

5 The Commissioner has the rank and all the powers of a deputy head of a department and has control and management of his or her office and all matters connected with it.

6 (1) The Commissioner has exclusive authority to

• (a) appoint or lay off 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.

(2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the Commissioner’s right or authority to deal with the matters referred to in subsection (1).

(3) Part 7 of the Public Service Employment Act Insertion start applies Insertion end to the Commissioner and to his or her employees. For the purposes of that Part, the Insertion start Commissioner Insertion end is deemed to be a deputy head, and his or her employees are deemed to be employees, as those terms are defined in subsection 2(1) of that Act.

7 In the exercise of his or her authority under subsection 6(1), the Commissioner may

• (a) determine his or her human resources requirements and provide for the allocation and effective utilization of human resources;

• (b) provide for the classification of positions and employees;

• (c) after consultation with the President of the Treasury Board, determine and regulate the pay to which employees are entitled for services rendered, the hours of work and leave of the employees and any related matters;

• (d) after consultation with the President of the Treasury Board, determine and regulate the payments that may be made to 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 employees’ learning, training and development requirements 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 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, 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 Commissioner considers necessary for effective human resources management.

8 Before entering into collective bargaining with the bargaining agent for a bargaining unit composed of his or her employees, the Commissioner must have his or her negotiating mandate approved by the President of the Treasury Board.

9 [Deleted]

10 The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions under this or any other Act of Parliament and, with the approval of Treasury Board, may fix and pay the remuneration and expenses of those persons.

11 (1) The Commissioner must, before commencing the duties and functions of office, take the following oath or make the following solemn affirmation:

(2) Every employee of the Commissioner and every person whose services are engaged under section 10 must maintain the security clearance required by the Government of Canada.

(3) The Commissioner and every person referred to in subsection (2) must follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

12 The Commissioner, a former Commissioner, any current or former employee and any person whose services are or were engaged under section 10 may disclose information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties and functions under this or any other Act of Parliament only for the purpose of exercising those powers or performing those duties and functions or as required by any other law.

Duties and Functions

13 The Commissioner is responsible, as set out in sections 14 to 21, for

• (a) reviewing the conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act; and

• (b) if those conclusions are reasonable, approving those authorizations, amendments and determinations.

14 The Commissioner must review whether the conclusions — made under subsections 35(1) and (2) of the Communications Security Establishment Act and on the basis of which a Foreign Intelligence Authorization was issued under subsection 27(1) of that Act — are reasonable.

15 The Commissioner must review whether the conclusions — made under subsections 35(1) and (3) of the Communications Security Establishment Act and on the basis of which a Cybersecurity Authorization was issued under subsection 28(1) or (2) of that Act — are reasonable.

16 The Commissioner must review whether the conclusions — made under paragraph 40(2)‍(a) of the Communications Security Establishment Act and on the basis of which an authorization referred to in section 14 is amended, or made under paragraph 40(2)‍(b) of that Act and on the basis of which an authorization referred to in section 15 is amended — are reasonable.

17 The Commissioner must review whether the conclusions — made under subsection 11.‍03(2) of the Canadian Security Intelligence Service Act and on the basis of which a class of Canadian datasets is determined under subsection 11.‍03(1) of that Act — are reasonable.

18 The Commissioner must review whether the conclusions — made under subsection 11.‍17(1) of the Canadian Security Intelligence Service Act and on the basis of which the retention of a foreign dataset was authorized — are reasonable.

19 The Commissioner must review whether the conclusions — made under subsection 11.‍22(1) of the Canadian Security Intelligence Service Act and on the basis of which a query of a dataset in exigent circumstances was authorized — are reasonable.

20 The Commissioner must review whether the conclusions — made under subsection 20.‍1(3) of the Canadian Security Intelligence Service Act and on the basis of which a class of acts or omissions is determined — are reasonable.

21 (1) After conducting a review under any of sections 14 to 17, 19 and 20, the Commissioner, in a written decision,

• (a) must approve the authorization, amendment or determination if he or she is satisfied that the conclusions at issue are reasonable, Insertion start and must set out his or her reasons for doing so Insertion end ; or

• (b) must not approve the authorization, amendment or determination if he or she is not so satisfied, and must set out his or her reasons for doing so.

(2) After conducting a review under section 18, the Commissioner, in a written decision,

• (a) must approve the authorization if he or she is satisfied that the conclusions at issue are reasonable, Insertion start and must set out his or her reasons for doing so Insertion end ;

• (b) must approve the authorization with conditions — respecting the querying or exploitation of the foreign dataset or the retention or destruction of the dataset or of a portion of it — and provide reasons for doing so, if he or she is satisfied that those conclusions are reasonable once the conditions are attached; or

• (c) must not approve the authorization in any other case and must set out his or her reasons for doing so.

(3) The Commissioner must provide the decision to the person whose conclusions are being reviewed

• (a) as soon as feasible, in the case of an authorization referred to in section 19; or

• (b) within 30 days after the day on which the Commissioner receives notice of the authorization, amendment or determination, or within any other period that may be agreed on by the Commissioner and the person, in any other case.

(4) For greater certainty, a decision of the Commissioner is not a statutory instrument within the meaning of the Statutory Instruments Act.

22 The Commissioner must provide a copy of every decision made by him or her under section 21 to the National Security and Intelligence Review Agency for the purpose of assisting that Agency in fulfilling its mandate under paragraphs 8(1)‍(a) to (c) of the National Security and Intelligence Review Agency Act.

Public Report

22.‍1 (1) The Commissioner must, each calendar year, submit to the Prime Minister a report with respect to the Commissioner’s activities during the previous calendar year. The report must include statistics, that the Commissioner considers appropriate, relating to the authorizations, amendments and determinations that were approved and not approved.

(2) The Commissioner must consult with the Director of the Canadian Security Intelligence Service and the Chief of the Communications Security Establishment in preparing the report in order to ensure that it does not contain information the disclosure of which would be injurious to national security, national defence or international relations or information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

(3) The Prime Minister must cause to be laid before each House of Parliament, on any of the first 15 days on which that House is sitting after a report is submitted under subsection (1), a copy of the report.

Information

23 (1) Despite any other Act of Parliament and subject to section 26, the person whose conclusions are being reviewed by the Commissioner under any of sections 14 to 20 must, for the purposes of the Commissioner’s review, provide the Commissioner with all information that was before the person in issuing or amending the authorization or making the determination at issue, including information that is subject to Insertion start any privilege under the law of evidence Insertion end , solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege.

(2) For greater certainty, the disclosure to the Commissioner under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

24 The Commissioner is entitled to receive a copy of a report, or part of one, submitted by the National Security and Intelligence Review Agency under subsection 32(1) or 33(1) or section 34 or 35 of the National Security and Intelligence Review Agency Act, if the report or part relates to the Commissioner’s powers, duties or functions.

25 Despite any other Act of Parliament and Insertion start any privilege under the law of evidence and Insertion end subject to section 26, the following persons or bodies may — for the purpose of assisting the Commissioner in the exercise of his or her powers and the performance of his or her duties and functions — disclose to the Commissioner any information that is not directly related to a specific review under any of sections 14 to 20:

• (a) the Minister of Public Safety and Emergency Preparedness;

• (b) the Minister, as defined in section 2 of the Communications Security Establishment Act;

• (c) the Canadian Security Intelligence Service; and

• (d) the Communications Security Establishment.

26 The Commissioner is not entitled to have access to information that is a confidence of the Queen’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Communications Security Establishment Commissioner

Bureau du commissaire du Centre de la sécurité des télécommunications

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Communications Security Establishment Commissioner

Bureau du commissaire du Centre de la sécurité des télécommunications

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Intelligence Commissioner

Bureau du commissaire au renseignement

Office of the Communications Security Establishment Commissioner

Bureau du commissaire du Centre de la sécurité des télécommunications

An Act to establish the Communications Security Establishment

Short Title

1 This Act may be cited as the Communications Security Establishment Act.

Interpretation

2 The following definitions apply in this Act.

Canadian means a Canadian citizen, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated or continued under the laws of Canada or a province. (Canadien)

Chief means the Chief of the Establishment appointed under section 8. (chef)

Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act.‍ (commissaire)

entity means a person, group, trust, partnership or fund or an unincorporated association or organization and includes a state or a political subdivision or agency of a state. (entité)

Establishment means the Communications Security Establishment established under section 5. (Centre)

federal institution includes any of the following institutions of Parliament or the Government of Canada:

• (a) the Senate;

• (b) the House of Commons;

• (c) the Library of Parliament;

• (d) the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner and the Parliamentary Protective Service;

• (e) any federal court;

• (f) any board, commission, council, other body or other office established to perform a governmental function by or under an Act of Parliament, or by or under the authority of the Governor in Council;

• (g) a department as defined in section 2 of the Financial Administration Act;

• (h) a Crown corporation established by or under an Act of Parliament; and

• (i) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a federal minister. (institutions fédérales)

foreign intelligence means information or intelligence about the capabilities, intentions or activities of a foreign individual, state, organization or terrorist group, as they relate to international affairs, defence or security. (renseignement étranger)

global information infrastructure includes electromagnetic emissions, any equipment producing such emissions, communications systems, information technology systems and networks, and any data or technical information carried on, contained in or relating to those emissions, that equipment, those systems or those networks. (infrastructure mondiale de l’information)

Minister means the Minister of National Defence or, if another federal minister is designated under section 4, that minister. (ministre)

publicly available information means information that has been published or broadcast for public consumption, is accessible to the public on the global information infrastructure or otherwise or is available to the public on request, by subscription or by purchase. Insertion start It does not include information in respect of which a Canadian or a person in Canada has a reasonable expectation of privacy Insertion end .‍ (information accessible au public)

Review Agency means the National Security and Intelligence Review Agency established under section 3 of the National Security and Intelligence Review Agency Act.‍ (Office de surveillance)

terrorist group has the same meaning as in subsection 83.‍01(1) of the Criminal Code.‍ (groupe terroriste)

unselected, with respect to information, means that the information is acquired, for technical or operational reasons, without the use of terms or criteria to identify information of foreign intelligence interest.‍ (non sélectionnée)

Principle

3 It is in the public interest to ensure that the Establishment may effectively carry out its mandate in accordance with the rule of law and, to that end, to expressly recognize in law a justification for persons who are authorized to carry out activities under this Act to, in the course of carrying out those activities, commit acts or omissions that would otherwise constitute offences.

Designation of Minister

4 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

Communications Security Establishment

5 The Communications Security Establishment is established.

6 The Minister is responsible for the Establishment.

7 (1) The head office of the Establishment is to be in the National Capital Region described in the schedule to the National Capital Act.

(2) The Chief may, with the approval of the Minister, establish other offices elsewhere in Canada.

8 (1) The Governor in Council must appoint a Chief of the Communications Security Establishment to hold office during pleasure for a term not exceeding five years.

(2) The Chief is eligible to be reappointed at the end of a term of office for a further term not exceeding five years.

(3) The Chief is to be paid the salary that is fixed by the Governor in Council and is entitled to payments for reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from his or her ordinary place of work.

(4) The Chief is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

(5) If the Chief is absent or incapacitated or the office of Chief is vacant, the Minister may appoint another person to act as Chief, but must not appoint a person for a term of more than 90 days without the approval of the Governor in Council.

9 (1) The Chief, under the direction of the Minister, has the management and control of the Establishment and all matters relating to it.

(2) The Chief has the rank and all the powers of a deputy head of a department.

(3) The Chief may delegate to any person any power, duty or function conferred on the Chief under this Act, except the power to delegate under this subsection.

10 The powers, duties and functions of the Establishment may be exercised or performed by any person who is appointed to serve in the Establishment in a capacity appropriate to the exercise of the power or the performance of the duty or function.

11 (1) The Minister may issue written directions to the Chief respecting the performance of the Chief’s duties and functions.

(2) Directions issued under subsection (1) are not statutory instruments within the meaning of the Statutory Instruments Act.

12 (1) The Chief has exclusive authority to

• (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.

(2) Nothing in the Federal Public Sector Labour Relations Act is to be construed so as to affect the right or authority of the Chief to deal with the matters referred to in subsection (1).

(3) [Deleted]

(4) [Deleted]

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.

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.

15 [Deleted]

Mandate

16 (1) The Establishment is the national signals intelligence agency for foreign intelligence and the technical authority for cybersecurity and information assurance.

(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.

17 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.

18 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 22(1) as being of importance to the Government of Canada; and

• (b) acquire, use and analyse information from the global information infrastructure or from other sources in order to provide such advice, guidance and services.

19 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 22(1) as being of importance to the Government of Canada.

20 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.

21 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.

22 (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.

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

Activities

23 (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 Insertion start and must not infringe the Canadian Charter of Rights and Freedoms Insertion end .

(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 30(1) or 31(1).

(3) Activities carried out by the Establishment in furtherance of the foreign intelligence aspect of its mandate must not contravene any other Act of Parliament —  Insertion start or involve the acquisition by the Establishment of information from or through the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada Insertion end  — unless they are carried out under an authorization issued under subsection 27(1) or 41(1).

(4) Activities carried out by the Establishment in furtherance of the cybersecurity and information assurance aspect of its mandate must not contravene any other Act of Parliament —  Insertion start or involve the acquisition by the Establishment of information from the global information infrastructure that interferes with the reasonable expectation of privacy of a Canadian or a person in Canada Insertion end  — unless they are carried out under an authorization issued under subsection 28(1) or (2) or 41(1).

24 (1) Despite subsections 23(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.

(2) Despite subsection 23(1), in furtherance of its mandate the Establishment may analyse information for the purpose of providing advice to the Minister of Public Safety and Emergency Preparedness and to the Minister responsible for the administration of the Investment Canada Act with regard to that latter Minister’s powers and duties under Part IV.‍1 of that Act.

(3) Despite subsection 23(1), the Establishment may carry out any of the following activities in furtherance of the cybersecurity and information assurance aspect of its mandate:

• (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.

(4) The Establishment may acquire information relating to a Canadian or a person in Canada incidentally in the course of carrying out activities under an authorization issued under subsection 27(1), 28(1) or (2) or 41(1).

(5) The following definitions apply in this section.

incidentally, with respect to the acquisition of information, means that the information acquired was not itself deliberately sought and that the information-acquisition activity was not directed at the Canadian or person in Canada.‍ (incidemment)

infrastructure information means information relating to

• (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)

25 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 24(1)‍(a).

26 (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.

(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

27 (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.

(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.

28 (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.

(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 22(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.

29 (1) An authorization issued under subsection 27(1) or 28(1) or (2) is valid when — if it is approved by the Commissioner under paragraph 21(1)‍(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the authorization.

(2) For greater certainty, no activity that is specified in an authorization issued under subsection 27(1) or 28(1) or (2) is authorized until the authorization is valid under subsection (1).

30 (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.

(2) The Minister may issue the authorization only if he or she has consulted the Minister of Foreign Affairs.

31 (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.

(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.

(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.

32 Activities and classes of activities that an authorization issued under subsection 30(1) or 31(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.

33 (1) In carrying out any activity under an authorization issued under subsection 30(1) or 31(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.

(2) In subsection (1), bodily harm has the same meaning as in section 2 of the Criminal Code.

34 (1) The Minister may issue an authorization under subsection 27(1), 28(1) or (2), 30(1) or 31(1) only on the written application of the Chief.

(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.

(3) If the application is for an authorization to be issued under subsection 28(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.

(4) If the application is for an authorization to be issued under subsection 31(1), the application must include the request or consent referred to in subsection 31(2) if it is in writing.

35 (1) The Minister may issue an authorization under subsection 27(1), 28(1) or (2), 30(1) or 31(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.

(2) The Minister may issue an authorization under subsection 27(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 25 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.

(3) The Minister may issue an authorization under subsection 28(1) or (2) 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 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 28(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 28(1), or

  • (ii) electronic information or information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 28(2); and

• (d) the measures referred to in section 25 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 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 28(1), or

  • (ii) electronic information or information infrastructures designated under subsection 22(1) as being of importance to the Government of Canada, in the case of an authorization to be issued under subsection 28(2).

(4) The Minister may issue an authorization under subsection 30(1) or 31(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 the objective of the cyber operation could not reasonably be achieved by other means and that no information will be acquired under the authorization except in accordance with an authorization issued under subsection 27(1) or 28(1) or (2) or 41(1).

36 An authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(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 27(1) or 28(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 27(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.

37 (1) An authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) may be valid for a period not exceeding one year.

(2) The Minister may extend the period of validity of an authorization issued under subsection 27(1) or 28(1) or (2) by up to a period not exceeding one year from the day referred to in paragraph 36(h).

(3) The Minister’s decision to extend a period of validity is not subject to review by the Commissioner under the Intelligence Commissioner Act.

(4) The Minister must, as soon as feasible, notify the Commissioner of any extension of an authorization.

38 (1) If there is a significant change in any fact that was set out in the application for an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1), the Chief must notify the Minister of the change as soon as feasible.

(2) If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 27(1) or 28(1) or (2), the Minister must notify the Commissioner of his or her conclusion.

(3) If the Minister concludes that the change in the fact is significant and the authorization was issued under subsection 30(1) or 31(1), the Minister must notify the Review Agency of his or her conclusion.

39 The Minister may repeal an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(1) at any time.

40 (1) The Minister may amend an authorization issued under subsection 27(1), 28(1) or (2), 30(1) or 31(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.

(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 35(1) and (2) are met, in the case of an authorization issued under subsection 27(1);

• (b) the conditions referred to in subsections 35(1) and (3) are met, in the case of an authorization issued under subsection 28(1) or (2); or

• (c) the conditions referred to in subsections 35(1) and (4) are met, in the case of an authorization issued under subsection 30(1) or 31(1).

(3) An amended authorization issued under subsection 27(1) or 28(1) or (2) continues to be valid in its unamended form until — if the amendment is approved by the Commissioner under paragraph 21(1)‍(a) of the Intelligence Commissioner Act — the Commissioner provides the Minister with the written decision approving the amendment.

(4) For greater certainty, an activity that is specified in an amended authorization issued under subsection 27(1) or 28(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.

(5) For greater certainty, an activity that is specified in an amended authorization issued under subsection 30(1) or 31(1) is authorized only to the extent that it is carried out in accordance with the authorization as amended.

41 (1) If the Minister concludes that there are reasonable grounds to believe that the conditions referred to in subsections 35(1) and (2) or 35(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 27(1) or 28(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 27, or a Cybersecurity Authorization that authorizes the Establishment to carry out any activity referred to in subsection 28(1) or (2).

(2) The Minister’s decision to issue the authorization is not subject to review by the Commissioner under the Intelligence Commissioner Act.

(3) Subsections 34(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 27(1) or 28(1) or (2).

(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 28(2), the request of the owner or operator of the information infrastructure to the Establishment to carry out the activity must be in writing.

42 The Minister must notify the Commissioner and the Review Agency of any authorization issued under subsection 41(1) as soon as feasible after issuing it.

43 An authorization issued under subsection 41(1) may be valid for a period not exceeding five days.

44 The Establishment may disclose, to persons or classes of persons designated under section 46, 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 27(1) Insertion start or 41(1) Insertion end , if the Establishment concludes that the disclosure is essential to international affairs, defence, security or cybersecurity.

45 (1) The Establishment may disclose, to persons or classes of persons designated under section 46, information Insertion start relating to a Canadian or a person in Canada Insertion end 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 22(1) as being of importance to the Government of Canada.

(2) Information disclosed under subsection (1) may include an intercepted private communication as well as the existence of an intercepted private communication.

(3) In subsection (2), private communication has the same meaning as in section 183 of the Criminal Code.

46 The Minister may, by order, designate persons and classes of persons for the purposes of section 44 and subsection 45(1).

47 (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.

(2) The Establishment may disclose the information to any appropriate person if its disclosure may help prevent the death or serious bodily harm.

(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.

48 The Minister must personally exercise the powers that are set out in subsections 27(1), 28(1) and (2), 30(1), 31(1), 37(2), 40(1) and 41(1).

49 (1) The Minister must provide a copy of each authorization issued under subsection 27(1) or 28(1) or (2), or amended under subsection 40(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.

(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 21(3)‍(b) of that Act.

50 No person who acts in accordance with an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(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.

51 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 27(1), 28(1) or (2), 30(1), 31(1) or 41(1) or in relation to a communication so intercepted.

52 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 27(1), 28(1) or (2), 30(1), 31(1) or 41(1); or

• (b) the disclosure under this Act of the existence of such a communication.

53 (1) Within 90 days after the last day of the period of validity of an authorization issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1), the Chief must provide a written report to the Minister on the outcome of the activities carried out under the authorization.

(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 27(1), 28(1) or (2) or 41(1).

(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 30(1) or 31(1).

54 Authorizations issued under subsection 27(1), 28(1) or (2), 30(1), 31(1) or 41(1) and orders made under section 46 are not statutory instruments within the meaning of the Statutory Instruments Act.

Arrangements

55 (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.

(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

56 (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.

(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.

(3) 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, may be disclosed in a proceeding referred to in subsection (1) if the person or entity and the Chief consent to the disclosure.

(4) Sections 38 to 38.‍16 of the Canada Evidence Act, or sections 83 and 87 of the Immigration and Refugee Protection Act, as the case may be, apply to a proceeding referred to in subsection (1), with any necessary modifications.

(5) The judge must ensure the confidentiality of the following:

• (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.

(6) If, in the judge’s opinion, the disclosure of the fact that an application under any provision referred to in subsection (4) would result in the disclosure of an identity or information referred to in paragraph (5)‍(a), the judge must ensure the confidentiality of the application and all information related to it.

(7) The judge may, by order, authorize disclosure that the judge considers appropriate, subject to any conditions that the judge specifies, of the identity or information referred to in subsection (1) if, in the judge’s opinion,

• (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.

(8) If the judge does not authorize disclosure under paragraph (7)‍(a) or (b), the judge must, by order, confirm the prohibition of disclosure.

(9) An order of the judge that authorizes disclosure does not take effect until the time provided or granted to appeal the order has expired or, if the order is appealed, the time provided or granted to appeal a judgment of an appeal court that confirms the order has expired and no further appeal from a judgment that confirms the order is available.

(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.

(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.

57 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.

58 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.

59 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.

60 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

61 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 25 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 24(5) or 45(3) to respond, directly or indirectly, to any technological change.

Communications Security Establishment, Department of National Defence

Centre de la sécurité des télécommunications, ministère de la Défense nationale

Communications Security Establishment

Centre de la sécurité des télécommunications

Preamble

Whereas the protection of Canada’s national security and of the security of Canadians is a fundamental responsibility of the Government of Canada;

Whereas it is essential, to discharge that responsibility, for Canada to have a civilian intelligence service;

Whereas it is important that the civilian intelligence service perform its duties and functions in accord­ance with the rule of law and in a manner that respects the Canadian Charter of Rights and Freedoms;

And whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same;