Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting countering foreign interference”.

Part 1 amends the Canadian Security Intelligence Act to, among other things,

It also makes a consequential amendment to the Intelligence Commissioner Act.

Part 2 amends the Security of Information Act to, among other things, create the following offences:

It also amends that Act to remove as an element of the offence of inducing or attempting to induce — at the direction of, for the benefit of or in association with a foreign entity or terrorist group — by intimidation, threat or violence, a person to do anything or cause anything to be done, that the thing be done for the purpose of harming Canadian interests when the person who is alleged to have committed the offence or the victim has a link to Canada.

It also amends the Criminal Code to, among other things, broaden the scope of the sabotage offence to include certain acts done in relation to essential infrastructures and ensure that certain provisions respecting the interception of “private communications” as defined in that Act apply to certain offences in the Foreign Interference and Security of Information Act.

Finally, it makes consequential amendments to other Acts.

Part 3 amends the Canada Evidence Act and makes consequential amendments to other Acts to, among other things,

It also adds references to international relations, national defence and national security in a provision of the Criminal Code that relates to the protection of information, as well as references to international relations and national defence in certain provisions of the Immigration and Refugee Protection Act that equally relate to the protection of information.

Part 4 enacts the Foreign Influence Transparency and Accountability Act which, among other things,

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Définitions et interprétation

Forms

2.‍1 If this Act requires that a form be used, the form may incorporate any variations that the circumstances require.

Consultation with Deputy Minister — warrant

(2) The Director or any employee who is designated by the Minister for the purpose of applying for a warrant under section 21, 21.‍1, 22.‍21 or 23 shall consult the Deputy Minister before applying for the warrant or, if applicable, the renewal of the warrant.

Consultation with Deputy Minister — production order

(2.‍2) The Director or any employee who is designated by the Minister for the purpose of applying for a production order under section 20.‍4 shall consult the Deputy Minister before applying for the order.

Oaths

10 The Director and every employee shall, before commencing the duties of office, take an oath of allegiance and the oaths set out in Schedule 1.

Datasets

Canadian in respect of a person, means a Canadian citizen, a permanent resident within the meaning of 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)

dataset means a collection of information that

• (a) is characterized by a common subject matter;

• (b) is stored as an electronic record;

• (c) contains personal information, as defined in section 3 of the Privacy Act; and

• (d) is relevant to the performance of the Service’s duties and functions under any of sections 12 to 16 but cannot be collected or retained under any of those sections.‍ (ensemble de données)

exploitation means a computational analysis or series of computational analyses that is performed on one or more collections of information for the purpose of obtaining intelligence that would not otherwise be apparent.‍ (exploitation)

query means a specific search or series of specific searches, with respect to a person or entity, that is performed on one or more collections of information for the purpose of obtaining intelligence.‍ (interrogation)

Classes — Canadian datasets

11.‍03 (1) The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.

Criteria

(2) The Minister may determine that a class of Canadian datasets is authorized to be collected if the Minister concludes that the querying or exploitation of datasets in the class could lead to results that are relevant to the performance of the Service’s duties and functions under section 12, 12.‍1, 15 or 16.

Maximum period

(2.‍1) An order under subsection (1) is valid for a period of not more than two years.

Collection of datasets

11.‍05 The Service may collect a dataset only if it reasonably believes that the dataset

• (a) is a publicly available dataset;

• (b) belongs to an approved class; or

• (c) predominantly relates to non-Canadians who are outside Canada.

Collection under section 12, 15 or 16

11.‍051 If the Service concludes that information that was collected under section 12, 15 or 16 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.‍05 on the day on which the Service reached that conclusion.

Collection outside Canada

11.‍052 (1) As soon as feasible after collecting a dataset under section 11.‍05 outside Canada, the Service shall either destroy the dataset or provide it to a designated employee for the purposes of section 11.‍07.

Deemed collection date

(2) A dataset that is provided to a designated employee under subsection (1) is, for the purposes of section 11.‍07, deemed to have been collected on the day on which it is provided to the designated employee.

Collection in execution of warrant or production order

11.‍053 (1) If the Service concludes that information that was incidentally collected in the execution of a warrant issued under section 21 or 22.‍21 or a production order issued under section 20.‍4 constitutes a dataset or could be used to constitute a dataset, that information is deemed to have been collected as a dataset under section 11.‍05 on the day on which the Service reached that conclusion.

Terms and conditions

(2) The terms and conditions of the warrant or production order continue to apply to the dataset.

Deemed collection date

11.‍054 If a dataset is deemed to have been collected on more than one day under section 11.‍051, 11.‍052 or 11.‍053 or subsection 11.‍1(3), the dataset is deemed, for the purposes of section 11.‍07, to have been collected on the latest of those days.

Delegation

(1.‍1) The Director may delegate the designation power set out in subsection (1) to an employee.

Statutory Instruments Act

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

Evaluation period — datasets

11.‍07 (1) If the Service collects a dataset under section 11.‍05, a designated employee shall, as soon as feasible but no later than the 180th day after the day on which the dataset was collected, evaluate the dataset and confirm if it

Deeming

(1.‍1) If a dataset that is confirmed to be a foreign dataset includes information that relates to individuals within Canada or Canadians and the Service decides to treat it as a Canadian dataset, that dataset is deemed to be a Canadian dataset.

Evaluation — class

(2) In the case of a Canadian dataset, a designated employee shall evaluate the dataset and confirm whether it belonged to an approved class on the day on which it was collected and, if it did not, the designated employee shall take the measures set out in section 11.‍08.

Comparison

(3.‍1) A designated employee may, for the purpose of determining whether it is necessary to make an application for a judicial authorization under subsection 11.‍13(1) or a request for an authorization under subsection 11.‍17(1), compare the dataset to other datasets that have been collected by the Service under this Act.

• (a) delete personal information, as defined in section 3 of the Privacy Act, that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and

Dataset not within class

11.‍08 (1) If a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected, the Service shall, without delay,

Period — suspension

(2) If the Service makes a request to the Minister under paragraph (1)‍(b), the 180-day period referred to in subsection 11.‍07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act, the determination of the Minister in respect of a new class to which the dataset belongs.

End of evaluation period — Canadian datasets

11.‍09 (1) If a designated employee confirms that a dataset is a Canadian dataset or if a dataset is deemed to be a Canadian dataset under subsection 11.‍07(1.‍1), the Service shall make an application for judicial authorization under section 11.‍13 as soon as feasible but no later than the 180th day referred to in subsection 11.‍07(1).

End of evaluation period — foreign datasets

(2) If the designated employee confirms that a dataset is a foreign dataset, the Service shall ensure that the dataset is brought to the attention of the Minister or the designated person, as soon as feasible but no later than the 180th day referred to in subsection 11.‍07(1), so as to enable the Minister or designated person to make a determination to authorize its retention under section 11.‍17.

Destruction

(3) À l’expiration du délai de cent quatre-vingts jours, si le Service n’a pas agi conformément aux paragraphes (1) ou (2), il est tenu de détruire l’ensemble de données recueilli.

Continuing obligations of Service

11.‍1 (1) The Service shall take reasonable measures to ensure that

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

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

• (c) any information that by its nature or attributes relates to a Canadian or a person in Canada is removed from a foreign dataset.

Non-application

(2.‍1) Subsection (2) does not apply to information that is being retained under subsection 11.‍21(1).

Deeming

(3) A dataset collected under paragraph (2)‍(b) is deemed to have been collected under section 11.‍05 on the day on which the information that constitutes the dataset was removed from the foreign dataset.

Disclosure

(3) The Service may disclose a publicly available dataset and, if it does so, section 19 does not apply to the disclosure.

• (a) the approved class to which the Canadian dataset belongs or to which it belonged on the day on which it was collected; and

• (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties and functions under section 12, 12.‍1, 15 or 16; and

• (b.‍1) the manner in which the Service intends to disclose the dataset;

Disclosure of dataset

(1.‍1) The judicial authorization shall also establish any terms and conditions that the judge considers necessary respecting the disclosure of the dataset by the Service.

Non-application

(1.‍2) Section 19 does not apply to the disclosure of the dataset.

Maximum period

(2) The judicial authorization is valid for a period of not more than five years.

Destruction — absence of new application

(3) If the Service does not request the Minister’s approval under section 11.‍12 to make a new application for a judicial authorization to retain a Canadian dataset before the period of the judicial authorization given in respect of that dataset expires, the Service shall destroy the dataset within 30 days after the expiry of that period.

New application — approval not obtained

(3.‍1) If the Service requests but does not obtain the Minister’s approval under section 11.‍12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service shall destroy the dataset within 30 days after the later of the day on which the request was rejected by the Minister and the day on which the period of the judicial authorization expires.

New application — approval obtained

(4) If the Service requests and obtains the Minister’s approval under section 11.‍12 to make a new application for a judicial authorization for a Canadian dataset in respect of which the period of the judicial authorization has not expired, the Service may, subject to subsection (5), retain the dataset until a decision is made in respect of the new application.

Limit

(5) If the period of a judicial authorization expires, in the circumstances under subsection (3.‍1) or (4), the Service shall neither query nor exploit the dataset until and unless a new authorization has been issued for the dataset.

• (b) that the retention of the dataset is likely to assist the Service in the performance of its duties and functions under section 12, 12.‍1, 15 or 16; and

Disclosure of dataset

(2.‍1) The authorization shall also establish any terms and conditions that the Minister or designated person considers necessary respecting the disclosure of the dataset by the Service.

Non-application

(2.‍2) Section 19 does not apply to the disclosure of the dataset.

Maximum period of authorization

(3) The authorization is valid for a period of not more than 10 years from the date on which the Commissioner approves it under the Intelligence Commissioner Act.

Dataset subject to judicial authorization — section 12, 12.‍1 or 15

(2) A designated employee may, to the extent that it is strictly necessary, query or exploit a Canadian dataset that is subject to a judicial authorization issued under section 11.‍13 to assist the Service in the performance of its duties and functions under section 12, 12.‍1 or 15.

Dataset subject to approved authorization — section 12, 12.‍1 or 15

(3) A designated employee may, to the extent that it is strictly necessary, query or exploit a foreign dataset that is the subject of an authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, to assist the Service in the performance of its duties and functions under section 12, 12.‍1 or 15.

• (b) the retention is strictly necessary to assist the Service in the performance of its duties and functions under section 12.‍1 or 15; or

Query or exploitation in exigent circumstances

11.‍22 (1) The Director may authorize a designated employee to query or exploit a Canadian dataset that is not the subject of a valid judicial authorization issued under section 11.‍13 or a foreign dataset that is not the subject of a valid authorization under section 11.‍17 that has been approved by the Commissioner under the Intelligence Commissioner Act, if the Director concludes

• (a) that the dataset was collected by the Service under section 11.‍05; and

• (b) that there are exigent circumstances that require a query or exploitation of the dataset

  • (i) to acquire intelligence for the purpose of preserving the life or safety of any individual, or

• (b) a description of the dataset to be queried or exploited; and

• (c) the grounds on which the Director concludes that the query or exploitation is likely to produce the intelligence referred to in subparagraph (1)‍(b)‍(i) or (ii).

Retention

(2.‍1) The Service may retain the results of a query or exploitation performed under subsection (1) if

• (b) limit access to those datasets to designated employees and take reasonable measures to ensure that any information that they obtained, or to which they had access, is only communicated for the purpose of performing the Service’s duties and functions under this Act;

• (c) establish record keeping requirements for those datasets with respect to the rationale for their collection and retention, the details of each query and exploitation, the results of those queries and exploitations, and if the results were retained for the purpose of performing the Service’s duties and functions under section 12, 12.‍1, 15 or 16; and

• (c) in the case of a query or exploitation performed on the basis of exigent circumstances under section 11.‍22, give the Review Agency a copy of the Director’s authorization under that section and indicate the results of the query or exploitation and any actions taken after obtaining those results.

Threats to the Security of Canada

Security Assessments and Advice

Assistance and Cooperation

Information or intelligence outside Canada

(1.‍1) The assistance provided under subsection (1) may include the collection, from within Canada, of information or intelligence that is located outside Canada if the assistance is directed at a person or thing in Canada or at an individual who was in Canada and is temporarily outside Canada.

Identity of Employees and Human Sources

Disclosure of Information

• (a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada or a province, to any person having jurisdiction to investigate the alleged contravention and to the Attorney General of Canada and the Attorney General of the province in which proceedings in respect of the alleged contravention may be taken;

• (d) where, in the opinion of the Minister, disclosure of the information to any person or entity is essential in the public interest and that interest clearly outweighs any invasion of privacy that could result from the disclosure, to that person or entity.

Authorized disclosure — building resiliency against threats

(2.‍1) For the purpose of building resiliency against threats to the security of Canada, the Service may also disclose information referred to in subsection (1) to any person or entity if all of the following conditions are met:

• (a) the information has already been provided to a federal department or agency that performs duties and functions to which the information is relevant;

• (b) the information does not contain any personal information, as defined in section 3 of the Privacy Act, of a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or any individual in Canada, other than personal information of the individual to whom the information is disclosed;

• (c) the information does not contain the name of a corporation incorporated or continued under the laws of Canada or a province or the name of a Canadian entity, other than the name of the corporation or entity to which the information is disclosed.

Protection of Employees and Justification

• (b) the employee would be justified in committing or directing another person to commit an act or omission that would otherwise constitute an offence.

Preservation order

20.‍3 (1) The Director or any employee who is designated by the Director for the purpose may make an application to a judge for a preservation order under this section.

Making of order

(2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to preserve any information, record or document — regardless of medium or form — or thing that is in their possession or control when they receive the order, if the judge is satisfied by information on oath in Form 1 of Schedule 2 that

• (a) there are reasonable grounds to suspect that the information, record, document or thing is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16;

• (b) the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing; and

• (c) the Director or an employee who is designated by the Director for the purpose intends to apply or has applied for a production order under section 20.‍4 or a warrant under section 21 or 22.‍21 to obtain the information, record, document or thing or, under section 23, to remove a thing.

Form 2

(3) The order is to be made in Form 2 of Schedule 2.

Preservation outside Canada

(4) The order may be made in respect of information, records, documents or things located outside Canada, with any modifications that the circumstances require.

Measures

(5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

Expiry of order

(6) The order expires 90 days after the day on which it is made.

Notification of Minister

(7) The Director shall notify the Minister that an application for an order has been made under this section as soon as feasible after the application is made.

Production order

20.‍4 (1) The Director or an employee who is designated by the Minister for the purpose may, after having obtained the Minister’s approval, make an application to a judge for a production order under this section.

Making of order

(2) Despite any other law but subject to the Statistics Act, the judge may order a person or entity to produce any information, record or document — regardless of medium or form — that is in their possession or control when they receive the order if the judge is satisfied by information on oath in Form 3 of Schedule 2 that there are reasonable grounds to believe that the information, record or document is in the person or entity’s possession or control and will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16.

Form 4

(3) The order is to be made in Form 4 of Schedule 2.

Production outside Canada

(4) The order may be made in respect of information, records or documents located outside Canada, with any modifications that the circumstances require.

Measures

(5) The judge may include in the order any measure that they consider necessary in the public interest, including to ensure the confidentiality of the order.

Revocation or variation of production order

20.‍5 (1) Before they produce any information, record or document that they are required to produce under an order made under section 20.‍4, a person or entity may apply in writing to a judge to revoke or vary the order.

Notice required

(2) The person or entity may make the application only if they give notice of their intention to do so to a judge and to an employee in Form 5 of Schedule 2 within 14 days after the day on which the order is served.

No obligation to produce

(3) The person or entity is not required to produce the information, record or document until a final decision is made with respect to the application.

Revocation or variation of order

(4) The judge may revoke or vary the order if satisfied that

• (a) it is unreasonable in the circumstances to require the applicant to produce the information, record or document; or

• (b) production of the information, record or document would disclose information that is privileged or otherwise protected from disclosure by law.

Clarification — voluntary preservation or production

20.‍6 (1) For greater certainty, the Service may request that a person or entity voluntarily preserve any information, record, document or thing, or voluntarily produce any information, record or document to the Service, without needing to obtain a preservation or production order so long as the person or entity is not prohibited by law from preserving or producing the information, record, document or thing, as the case may be, and the Service may collect it under section 12 or 16.

Clarification — other collection authorities

(2) For greater certainty, the fact that a preservation order or production order may be made under section 20.‍3 or 20.‍4 does not affect the Service’s authority to collect any information, record, document or thing under any other provision of this Act.

No civil or criminal liability

20.‍7 No criminal or civil proceedings lie against a person who voluntarily preserves any information, record, document or thing, or voluntarily produces any information, record or document, following a request from the Service in the circumstances described in subsection 20.‍6(1), or against a person acting on behalf of an entity that receives such a request.

Destruction of preserved elements — preservation order

20.‍8 (1) A person or entity that is subject to a preservation order made under section 20.‍3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section as soon as feasible after the order expires, unless they are subject to a new preservation order, a production order made under section 20.‍4 or a warrant issued under section 21, 22.‍21 or 23 with respect to the information, record, document or thing, as the case may be.

Destruction of preserved elements — production order

(2) A person or entity that is subject to a production order made under section 20.‍4 with respect to any information, record or document that they preserved under a preservation order made under section 20.‍3 shall destroy the information, record or document that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record or document under that section as soon as feasible after the earlier of

• (a) the day on which the production order is revoked; and

• (b) the day on which the information, record or document, or document prepared for the purpose of preserving the information, record or document, is produced under the production order.

Destruction of preserved elements — warrant

(3) Despite subsections (1) and (2), a person or entity that preserved any information, record, document or thing under a preservation order made under section 20.‍3 shall destroy the information, record, document or thing that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving the information, record, document or thing under that section when the information, record, document or thing, or document prepared for the purpose of preserving the information, record, document or thing, is obtained under a warrant issued under section 21 or 22.‍21 or when a thing is removed in accordance with a warrant issued under section 23.

• (h) any previous application made under subsection (1) or 22.‍21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

Information or intelligence outside Canada

(3.‍2) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and function under section 16, a judge may, in a warrant issued under subsection (3), authorize the collection, from within Canada, of information or intelligence that is located outside Canada.

Application for warrant to obtain information, record, document or thing

22.‍21 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to obtain any information, record or document — regardless of medium or form — or thing that will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16, the Director or employee may, after having obtained the Minister’s approval, make an application in accordance with subsection (2) to a judge for a warrant under this section.

Matters to be specified in application for warrant

(2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters:

• (a) the facts relied on to justify the belief, on reasonable grounds, that a warrant under this section is required to enable the Service to obtain any information, record or document — regardless of medium or form — or thing that will assist the Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16;

• (b) the type of information, record, document or thing proposed to be obtained;

• (c) the powers referred to in paragraphs (3)‍(a) to (c) proposed to be exercised;

• (d) the identity of the person, if known, who has possession of the information, record, document or thing proposed to be obtained;

• (e) the persons or classes of persons to whom the warrant is proposed to be directed;

• (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given;

• (g) the period, not exceeding 120 days, for which the warrant is requested to be in force; and

• (h) any previous application made under subsection (1) or 21(1) in relation to a person who is identified in the affidavit in accordance with paragraph (d), the date on which each such application was made, the name of the judge to whom it was made and the judge’s decision on it.

Issuance of warrant

(3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)‍(a) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to obtain, through a single attempt, any information, record or document — regardless of medium or form — or thing and, for that purpose,

• (a) to enter any place or open or obtain access to any thing;

• (b) to search for, remove or return, or examine, take extracts from or make copies of or record in any other manner the information, record, document or thing; or

• (c) to install, maintain or remove any thing.

Activities outside Canada

(4) Without regard to any other law, including that of any foreign state, a judge may, in a warrant issued under subsection (3), authorize activities outside Canada to enable the Service to investigate a threat to the security of Canada.

Obtaining information, records or documents from within Canada

(5) Without regard to any other law, including that of any foreign state, and to assist the Service in the performance of its duties and functions under section 16, a judge may, in a warrant issued under subsection (3), authorize the Service to obtain, from within Canada, any information, record or document — regardless of medium or form — that is located outside Canada.

Matters to be specified in warrant

(6) There shall be specified in a warrant issued under subsection (3)

• (a) the type of information, record, document or thing authorized to be obtained and the powers referred to in paragraphs (3)‍(a) to (c) authorized to be exercised for that purpose;

• (b) the identity of the person, if known, who has possession of the information, record, document or thing to be obtained;

• (c) the persons or classes of persons to whom the warrant is directed;

• (d) a general description of the place where the warrant may be executed, if a general description of that place can be given;

• (e) the period for which the warrant is in force in accordance with subsection (7); and

• (f) any terms and conditions that the judge considers advisable in the public interest.

Duration of warrant

(7) A warrant issued under subsection (3) ceases to have effect on the earlier of the end of a period of up to 120 days that begins on the day on which the warrant is issued and the day on which the information, record, document or thing is obtained.

Clarification — other warrants

(8) For greater certainty, the fact that a warrant may be issued under this section does not affect a judge’s authority to issue a warrant under section 21 nor the validity of such a warrant.

Assistance order

22.‍3 (1) A judge may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to a warrant issued under section 21, 21.‍1, 22.‍21 or 23.

Warrant authorizing removal

23 (1) If the Director or any employee who is designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable the Service to remove any thing from any place where it was installed in the performance of the Service’s duties and functions under section 12 or 16 or in accordance with a warrant issued under section 21, 21.‍1 or 22.‍21, the Director or employee may make an application in accordance with subsection (2) to a judge for a warrant under this section.

Matters to be specified in application for warrant

(2) An application to a judge under subsection (1) shall be made in writing and be accompanied by an affidavit of the applicant deposing to the following matters:

• (a) a general description of the thing to be removed;

• (b) the facts relied on to justify the belief, on reasonable grounds, that the thing is in the place;

• (c) the powers referred to in paragraphs (3)‍(a) to (c) proposed to be exercised;

• (d) the identity of the person, if known, who possesses the thing;

• (e) the persons or classes of persons to whom the warrant is proposed to be directed;

• (f) a general description of the place where the warrant is proposed to be executed, if a general description of that place can be given; and

• (g) the period for which the warrant is requested to be in force.

Issuance of warrant

(3) Despite any other law but subject to the Statistics Act, if the judge to whom an application under subsection (1) is made is satisfied of the matters referred to in paragraph (2)‍(b) set out in the affidavit accompanying the application, the judge may issue a warrant authorizing the persons to whom it is directed to remove any thing from any place where it was installed and, for that purpose,

• (a) to enter any place or open or obtain access to any other thing;

• (b) to search for the thing; or

• (c) to install, maintain, remove, return or examine any other thing.

Matters to be specified in warrant

(4) There shall be specified in a warrant issued under subsection (3)

• (a) a general description of the thing authorized to be removed and the powers referred to in paragraphs (3)‍(a) to (c) authorized to be exercised for that purpose;

• (b) the identify of the person, if known, who possesses the thing;

• (c) the persons or classes of persons to whom the warrant is directed;

• (d) a general description of the place where the warrant may be executed, if a general description of that place can be given;

• (e) the period for which the warrant is in force; and

• (f) the terms and conditions that the judge considers advisable in the public interest.

Warrant to have effect notwithstanding other laws

• (i.‍1) in the case of a warrant issued under section 22.‍21, to exercise the powers specified in the warrant for the purpose of obtaining information, records, documents or things of the type specified in the warrant, or

• (ii) in the case of a warrant issued under section 23, to exercise the powers specified in the warrant for the purpose of removing the thing specified in the warrant; and

Making and hearing of applications

27 (1) An application for a judicial authorization under section 11.‍13, an application under section 20.‍3 for a preservation order, an application under section 20.‍4 for a production order, an application under section 21, 21.‍1, 22.‍21 or 23 for a warrant, an application under section 22 or 22.‍1 for the renewal of a warrant or an application for an order under section 22.‍3 shall be made ex parte and heard in private in accordance with regulations made under section 28.

Hearing of applications — section 20.‍5

(2) An application under section 20.‍5 for the revocation or variation of a production order may be heard in private in accordance with regulations made under section 28.

• (a) prescribing the form of judicial authorizations that may be issued under section 11.‍13 and of warrants that may be issued under section 21, 21.‍1, 22.‍21 or 23;

• (b) governing the practice and procedure of, and security requirements applicable to, hearings of applications for judicial authorization under section 11.‍13, for warrants that may be issued under section 21, 21.‍1, 22.‍21 or 23, for renewals of those warrants and for orders that may be made under section 20.‍3, 20.‍4 or 22.‍3;

• (b.‍2) governing the practice and procedure of, and security requirements applicable to, hearings of applications for the revocation or variation of a production order under section 20.‍5; and

PART III 

Parliamentary Review

Five-year review

Query or exploitation of dataset in exigent circumstances

18 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 or exploitation of a dataset in exigent circumstances was authorized — are reasonable.

An Act respecting foreign interference and the security of information

Alternative Title

• (a) a current or former member or employee of a department, division, branch or office of the federal public administration, or any of its parts, set out in Schedule 1;

• (e.‍1) the military vulnerabilities or advantages of the Canadian Forces, including the operational or technical vulnerabilities and advantages of any ally or adversary;

• (f) the means that the Government of Canada used, uses or intends to use, or is capable of using, to protect or exploit any information or intelligence referred to in any of paragraphs (a) to (e.‍1), including, but not limited to, encryption and cryptographic systems, and any vulnerabilities or limitations of those means; or

• (a.‍3) a current or former officer or non-commissioned member of a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or a current or former officer or non-commissioned member who occupies or occupied a position in the Canadian Forces set out in that Schedule;

• (a.‍4) a person who is or was appointed, attached, assigned or seconded to a Canadian Forces unit or other element, or any of its parts, set out in Schedule 2 or to a position in the Canadian Forces set out in that Schedule; or

Amending Schedule 1

Amending Schedule 2

• (a) the name of any current or former Canadian Forces unit or other element, or any of its parts, that, in the opinion of the Governor in Council, has or had a mandate that is primarily related to matters of security and intelligence or of national defence; or

• (b) a reference to any current or former position in the Canadian Forces, the powers, duties and functions of which are or were, in the opinion of the Governor in Council, primarily related to matters of security and intelligence or of national defence.

Foreign-influenced or Terrorist-influenced Intimidation, Threats or Violence

• (a) the victim is in Canada; or

• (b) the victim is outside Canada and

  • (i) the person or the victim or both are

    • (A) a Canadian citizen,

    • (B) a person who is ordinarily resident in Canada,

    • (C) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

    • (D) a person who owes allegiance to His Majesty in right of Canada, or

    • (E) a person who is locally engaged and who performs their functions in a Canadian mission outside Canada, or

  • (ii) is a person described in any of clauses (i)‍(A) to (E), the intimidation, threat or violence is in relation to the victim’s child, relative or intimate partner, as defined in section 2 of the Criminal Code, and the child, relative or partner is in or outside Canada.

• (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

• (a) that is for the purpose of increasing the capacity of a foreign entity or a terrorist group to harm Canadian interests; or

• (b) that is reasonably likely to harm Canadian interests.

• (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Indictable Offence Committed for a Foreign Entity

• (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Conduct or Omission for a Foreign Entity

• (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

Political Interference for a Foreign Entity

• (a) any other sentence imposed on the person, other than one of life imprisonment, for an offence arising out of the same event or series of events; and

• (b) any other sentence, other than one of life imprisonment, to which the person is subject at the time the sentence is imposed on the person for an offence under subsection (1).

educational governance means the governance of a school board or primary or secondary school, college, university or other institution of higher learning or training institution in Canada.‍ (gouvernance scolaire)

political or governmental process includes

• (a) any proceeding of a legislative body;

• (b) the development of a legislative proposal;

• (c) the development or amendment of any policy or program;

• (d) the making of a decision by a public office holder or government body, including the awarding of a contract;

• (e) the holding of an election or referendum; and

• (f) the nomination of a candidate or the development of an electoral platform by a political party.‍ (processus politique ou gouvernemental)

public office holder means any of the following individuals:

• (a) any officer or employee of His Majesty in right of Canada and includes

  • (i) a member of the Senate or the House of Commons and any person on the staff of such a member,

  • (ii) a person who is appointed to any office or body by or with the approval of the Governor in Council or a minister of the Crown, other than a judge receiving a salary under the Judges Act or the lieutenant governor of a province,

  • (iii) an officer, director or employee of any federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act,

  • (iv) a member of the Canadian Forces, and

  • (v) a member of the Royal Canadian Mounted Police;

• (b) members of the legislature of a province or persons on the staff of such members;

• (c) employees of the government of a province;

• (d) members of a council or other statutory body charged with the administration of the civil or municipal affairs of a city, town, municipality or district, persons on the staff of such members or officers or employees of a city, town, municipality or district;

• (e) members of the council of a band, as defined in subsection 2(1) of the Indian Act, or of the council of an Indian band established by an Act of Parliament, persons on their staff or employees of such a council;

• (f) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, persons on the staff of those members or employees of that government or institution;

• (g) an officer or employee of an entity that represents the interests of First Nations, the Inuit or the Métis.‍ (titulaire d’une charge publique)

• (a) federal political or governmental processes;

• (b) provincial or territorial political or governmental processes;

• (c) municipal political or governmental processes;

• (d) the political or governmental processes of

  • (i) a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982, or

  • (ii) any other entity that represents the interests of First Nations, the Inuit or the Métis.

Preparatory acts

Punishment

• (c) an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1), 20.‍4(1) or 22(1) of the Foreign Interference and Security of Information Act;

• (d) Schedule 1 to the Foreign Interference and Security of Information Act;

Sabotage

52 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who does a prohibited act with the intent to endanger

For greater certainty

(5) For greater certainty, no person commits an offence under subsection (1) if they do a prohibited act while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)‍(a) and (b).

Sabotage — essential infrastructure

52.‍1 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who interferes with access to an essential infrastructure or causes an essential infrastructure to be lost, inoperable, unsafe or unfit for use with the intent to

• (a) endanger the safety, security or defence of Canada;

• (b) endanger the safety or security of the naval, army or air forces of any state other than Canada that are lawfully present in Canada; or

• (c) cause a serious risk to the health or safety of the public or any segment of the public.

Definition of essential infrastructure

(2) In this section, essential infrastructure means a facility or system, whether public or private, completed or under construction, that provides or distributes — or is intended to provide or distribute — services that are essential to the health, safety, security or economic well-being of persons in Canada, including the following:

• (a) transportation infrastructure;

• (b) information and communication technology infrastructure;

• (c) water and wastewater management infrastructure;

• (d) energy and utilities infrastructure;

• (e) health services infrastructure;

• (f) food supply and food services infrastructure;

• (g) government operations infrastructure;

• (h) financial infrastructure; and

• (i) any other infrastructure prescribed by regulations.

Saving — stop work

(3) No person commits an offence under subsection (1) by reason only that

• (a) they stop work as a result of the failure of their employer and themselves to agree on any matter relating to their employment;

• (b) they stop work as a result of the failure of their employer and a bargaining agent acting on their behalf to agree on any matter relating to their employment; or

• (c) they stop work as a result of their taking part in a combination of workers or employees for their own reasonable protection as workers or employees.

Saving — obtaining or communicating information

(4) No person commits an offence under subsection (1) by reason only that they attend at or near or approach a dwelling-house or place for the purpose only of obtaining or communicating information.

For greater certainty

(5) For greater certainty, no person commits an offence under subsection (1) if they interfere with access to an essential infrastructure or cause an essential infrastructure to be lost, inoperable, unsafe or unfit for use while participating in advocacy, protest or dissent but they do not intend to cause any of the harms referred to in paragraphs (1)‍(a) to (c).

Regulations

(6) The Governor in Council may make regulations prescribing any infrastructure for the purpose of paragraph (i) of the definition essential infrastructure in subsection (2).

Sabotage — device

52.‍2 (1) Every person commits an offence who makes, possesses, sells or distributes a device intending that it be used or knowing that it will be used, in whole or in part, to carry out an offence under subsection 52(1) or 52.‍1(1).

Punishment

(2) Every person who commits an offence under subsection (1)

• (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

• (b) is guilty of an offence punishable on summary conviction.

Definition of device

(3) For the purposes of this section, device includes a computer program as defined in subsection 342.‍1(2).

Attorney General’s consent

52.‍3 No proceeding for an offence under subsection 52(1), 52.‍1(1) or 52.‍2(1) shall be instituted without the Attorney General’s consent.

• (iii.‍01) section 52.‍1 (sabotage — essential infrastructure),

• (iii.‍02) section 52.‍2 (sabotage — device),

• (a) an offence under section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍111, 467.‍12 or 467.‍13;

• (b.‍1) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act; or

• (a) an offence under section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍111, 467.‍12 or 467.‍13;

• (b.‍1) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act; or

• (a) an offence under section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍111, 467.‍12 or 467.‍13;

• (b.‍1) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act; or

• (a) an offence under section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍111, 467.‍12 or 467.‍13,

• (a) an offence under section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍12 or 467.‍13;

• (b.‍1) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act; or

• (c) an offence against section 52, 52.‍1, 52.‍2, 467.‍11, 467.‍111, 467.‍12 or 467.‍13, or a conspiracy or an attempt to commit, or being an accessory after the fact in relation to, such an offence;

• (c) an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1), 20.‍4(1) or 22(1) of the Foreign Interference and Security of Information Act; or

• (ii) subsection 20(1) (intimidation, threats or violence),

• (ii.‍1) subsection 20.‍1(1) (intimidation, threats or violence outside Canada),

• (ii.‍2) subsection 20.‍2(1) (committing indictable offence for foreign entity),

• (ii.‍3) subsection 20.‍3(1) (engaging in surreptitious or deceptive conduct),

• (ii.‍4) subsection 20.‍4(1) (influencing political or governmental process), and

• (i.‍0001) subsection 52.‍1(1) (sabotage — essential infrastructure),

• (i.‍0002) subsection 52.‍2(1) (sabotage — device),

• (e) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of that Act,

• (d) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of that Act.

• (iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.‍1(1), 20.‍1(1), 20.‍3(1), 20.‍4(1) or 22(1) of the Foreign Interference and Security of Information Act,

• (v) that is an offence under subsection 21(1) or section 23 of the Foreign Interference and Security of Information Act committed in relation to an offence referred to in subparagraph (iv),

• (e) an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.‍1(1), 20.‍2(1), 20.‍3(1) or 20.‍4(1) of that Act,

125 Schedule 1 to the Foreign Interference and Security of Information Act is amended by striking out the following:

126 Schedule 1 to the Act is amended by adding the following in alphabetical order:

Definition of official

Appeal to court of appeal

Limitation — person charged with offence

Limitation period for appeal

• (a) in the case of an appeal permitted under subsection (1.‍1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the court referred to in subsection (1) considers appropriate in the circumstances; or

• (b) in any other case, within 15 days after the day on which the determination appealed from is made or any further time that the court referred to in subsection (1) considers appropriate in the circumstances.

Exceptional circumstances

Provisions of General Application

proceeding means a proceeding before a court, person or body with jurisdiction to compel the production of information, but does not include a federal proceeding, as defined in section 38.‍2.‍ (instance)

Notice

Appeal to Federal Court of Appeal

Limitation — person charged with offence

Limitation period for appeal

• (a) in the case of an appeal permitted under subsection (1.‍1), after conviction and within the same period in which the accused may appeal from their conviction or any further time that the Court considers appropriate in the circumstances; or

• (b) in any other case, within 15 days after the day on which the order is made or any further time that the Court considers appropriate in the circumstances.

Exceptional circumstances

• (a) an application for leave to appeal to the Supreme Court of Canada from a judgment made on appeal shall be made within 15 days after the day on which the judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and

Single judge

Secure Administrative Review Proceedings

federal proceeding means

• (a) an application for judicial review or an appeal in the Federal Court of a decision of a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act;

• (b) an appeal in the Federal Court of Appeal from a decision of the Federal Court in a proceeding referred to in paragraph (a);

• (c) an application for judicial review or an appeal in the Federal Court of Appeal of a decision of a federal board, commission or other tribunal referred to in paragraph (a); or

• (d) a proceeding referred to in section 6 or 11 of the Charities Registration (Security Information) Act.

It does not include any proceeding in the Federal Court or the Federal Court of Appeal that is in respect of a matter under the Immigration and Refugee Protection Act and does not include a proceeding in which information may be disclosed to either of those courts for a purpose listed in the schedule.‍ (instance fédérale)

judge means

• (a) in relation to a federal proceeding in the Federal Court of Appeal, not fewer than three judges of that court, each of whom is either the Chief Justice or a judge designated by the Chief Justice to conduct hearings under section 38.‍25, sitting together in an uneven number; and

• (b) in relation to a federal proceeding in the Federal Court, the Chief Justice of that court or a judge designated by the Chief Justice to conduct hearings under section 38.‍25.‍ (juge)

non-governmental party means a party to a federal proceeding who is neither the Attorney General of Canada nor represented by the Attorney General of Canada.‍ (partie non gouvernementale)

participant means a person who, in connection with a federal proceeding, is required to disclose, or expects to disclose or cause the disclosure of, information.‍ (participant)

potentially injurious information has the same meaning as in section 38.‍ (renseignements potentiellement préjudiciables)

sensitive information has the same meaning as in section 38.‍ (renseignements sensibles)

special counsel means a person appointed as a special counsel under section 38.‍34.‍ (conseiller juridique spécial)

• (a) the information is disclosed by a person to their lawyer in connection with a federal proceeding, if the information is relevant to that proceeding;

• (b) the information is disclosed to enable the Attorney General of Canada, special counsel, a judge, or a court hearing an appeal from an order of the judge, to exercise their powers and perform their duties and functions under this section and sections 38.‍22 to 38.‍41 and 38.‍43; or

• (c) disclosure of the information is authorized by the government institution in which or for which the information was produced or, if the information was not produced in or for a government institution, the government institution in which it was first received.

• (a) information about which notice is given under any of subsections 38.‍21(1) to (4);

• (b) the fact that notice is given to the Attorney General of Canada under any of subsections 38.‍21(1) to (4);

• (c) the fact that a motion is made under section 38.‍25 or that an appeal of an order made under any of subsections 38.‍26(1) to (3) in connection with the motion is instituted; or

• (d) the fact that an agreement is entered into under section 38.‍24 or subsection 38.‍25(6).

• (a) the Attorney General of Canada authorizes the disclosure in writing under section 38.‍23 or by agreement under section 38.‍24 or subsection 38.‍25(6); or

• (b) a judge authorizes the disclosure under subsection 38.‍26(1) or (2) or a court hearing an appeal from the order of the judge authorizes the disclosure, and either the time provided to appeal the order or the appeal court’s judgment has expired or no further appeal is available.

• (a) the Attorney General of Canada must bring a motion to a judge for an order with respect to disclosure of the information if a person who gave notice under subsection 38.‍21(1) or (2) is a witness;

• (b) a person, other than a witness, who is required to disclose information in connection with a federal proceeding must bring a motion to a judge for an order with respect to disclosure of the information; and

• (c) a person who is not required to disclose information in connection with a federal proceeding but who wishes to disclose it or to cause its disclosure may bring a motion to a judge for an order with respect to disclosure of the information.

• (a) must hear the representations of the Attorney General of Canada with respect to making the motion public;

• (b) must, if they decide that the motion should be made public, make an order to that effect;

• (c) must hear the representations of the Attorney General of Canada concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject and concerning the persons who should be given notice of any hearing of the matter;

• (d) must decide whether it is necessary to hold any hearing of the matter;

• (e) if they decide that a hearing should be held, must

  • (i) determine who should be given notice of the hearing,

  • (ii) order the Attorney General of Canada to notify those persons, and

  • (iii) determine the content and form of the notice; and

• (f) may, if they consider it appropriate in the circumstances, give any person the opportunity to make representations.

• (a) the Attorney General of Canada and the person who made the motion may enter into an agreement that permits the disclosure of part of the facts referred to in paragraphs 38.‍22(1)‍(b) to (d) or part of the information or disclosure of the facts or information subject to conditions; and

• (b) if an agreement is entered into, the judge’s consideration of the motion or any hearing or appeal must be terminated.

• (a) an application for leave to appeal to the Supreme Court of Canada from an order made under any of subsections 38.‍26(1) to (3) by the Federal Court of Appeal, or from a judgment of the Federal Court of Appeal in an appeal of such an order made by the Federal Court, must be made within 15 days after the day on which the order or judgment appealed from is made or within any further time that the Supreme Court of Canada considers appropriate in the circumstances; and

• (b) if leave to appeal is granted, the appeal must be brought in the manner set out in subsection 60(1) of the Supreme Court Act but within the time specified by the Supreme Court of Canada.

• (a) receive ex parte representations; and

• (b) conduct a hearing in private and in the absence of the non-governmental party and their counsel.

• (a) deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;

• (b) without disclosing the information referred to in subsection (1), ensure that the non-governmental party to the federal proceeding is provided with a summary of the information that enables that party to be reasonably informed of the case; and

• (c) at the request of the Attorney General of Canada, hold the hearing in the National Capital Region, as described in the schedule to the National Capital Act.

• (a) a motion made under section 38.‍25 and the federal proceeding as a whole; and

• (b) any appeal of the motion or of the federal proceeding.

• (a) make oral and written representations with respect to the information or other evidence that has been filed with the court but has not been disclosed to the non-governmental party and their counsel;

• (b) participate in, and cross-examine witnesses who testify during, any part of the proceeding that is held in private and in the absence of the non-governmental party and their counsel; and

• (c) exercise, with the judge’s authorization, any other powers that are necessary to protect the interests of the non-governmental party.

• (a) disclose information or other evidence that is disclosed to them under section 38.‍37 or 38.‍38 and that is treated as confidential by the judge; or

• (b) communicate with another person about the content of any part of a federal proceeding, or an appeal in respect of it, that is heard in private and in the absence of the non-governmental party and their counsel.

• (a) an order allowing or dismissing the federal proceeding; and

• (b) an order finding against any party on any issue relating to information the disclosure of which is prohibited.

• (a) the person presiding or designated to preside at the federal proceeding to which the information relates or, if no person is designated, the person who has the authority to designate a person to preside;

• (b) every party to the federal proceeding;

• (c) every person who gives notice under section 38.‍21 in connection with the federal proceeding;

• (d) every person who, in connection with the federal proceeding, may disclose, is required to disclose or may cause the disclosure of the information about which the Attorney General of Canada has received notice under section 38.‍21;

• (e) every party to a hearing under subsection 38.‍25(5) or to an appeal of an order made under any of subsections 38.‍26(1) to (3) in relation to the information;

• (f) any court that hears an appeal from an order made under any of subsections 38.‍26(1) to (3) in relation to the information; and

• (g) any other person who, in the opinion of the Attorney General of Canada, should be served.

• (a) the certificate as varied under subsection (7); or

• (b) a notice of the cancellation of the certificate under subsection (8).

• (a) the judge determines that the information is not relevant;

• (b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or

• (c) the Minister withdraws the information.

• (c) at any time, an objection to the disclosure is made, or a certificate is issued, in accordance with sections 38 to 38.‍13 or 38.‍2 to 38.‍41 of that Act.

• (a) any information or evidence the disclosure of which would be injurious to national security shall be returned to the Ministers and shall not be considered by the judge in determining whether the certificate is reasonable if either

  • (i) the judge determines that the information or evidence is not relevant or, if it is relevant, that it should be part of a summary of the information or evidence provided to the applicant or the registered charity, or

  • (ii) the matter is withdrawn;

• (b) the judge shall provide the applicant or registered charity with an opportunity to be heard; and

• (c) the judge may receive into evidence anything that, in the opinion of the judge, is reliable and appropriate, even if it is inadmissible in a court of law, and may base the decision on that evidence.

• (a) the judge determines that the information is not relevant;

• (b) the judge determines that the information is relevant but should be summarized in a statement to be provided to the applicant; or

• (c) the Minister withdraws the information.

• (iii.‍1) be injurious to international relations, national defence or national security, or

Filing of evidence and summary

(2) When the certificate is referred, the Minister shall file with the Court the information and other evidence that is relevant to the ground of inadmissibility stated in the certificate and on which the certificate is based, as well as a summary of information and other evidence that enables the person named in the certificate to be reasonably informed of the case made by the Minister but that does not include anything that, in the Minister’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed.

Appeal by Minister

79.‍1 (1) Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

Appeal by Minister

82.‍31 (1) Despite section 82.‍3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

• (c) at any time during a proceeding, the judge may, on the judge’s own motion — and shall, on each request of the Minister — hear information or other evidence in the absence of the public and of the permanent resident or foreign national and their counsel if, in the judge’s opinion, its disclosure could be injurious to international relations, national defence or national security or endanger the safety of any person;

• (d) the judge shall ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person;

• (e) throughout the proceeding, the judge shall ensure that the permanent resident or foreign national is provided with a summary of information and other evidence that enables them to be reasonably informed of the case made by the Minister in the proceeding but that does not include anything that, in the judge’s opinion, would be injurious to international relations, national defence or national security or endanger the safety of any person if disclosed;

• (c) the person has knowledge of information or other evidence whose disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person and, in the circumstances, there is a risk of inadvertent disclosure of that information or other evidence.

• (a) the Minister’s claim that the disclosure of information or other evidence would be injurious to international relations, national defence or national security or endanger the safety of any person; and

Judicial review

86.‍1 (1) The Minister may, at any stage of the proceeding, apply for judicial review of any decision made in a proceeding referred to in section 86 requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person. The application may be made without an application for leave.

Appeal by Minister

87.‍01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

department means, except in subsection 25(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 or 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, the Canadian Forces or the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act.‍ (ministère)

• (e) with respect to the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act, the Minister of Public Safety and Emergency Preparedness.‍ (ministre compétent)

department means, other than in subsection 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, the Canadian Forces or the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act.‍ (ministère)

• (f) with respect to the Foreign Influence Transparency Commissioner appointed under subsection 9(1) of the Foreign Influence Transparency and Accountability Act, the Minister of Public Safety and Emergency Preparedness.‍ (ministre compétent)

(Court File No.‍)

FEDERAL COURT

IN THE MATTER OF an application by (Name) for a preservation order under section (12 or 16) and subsection 20.‍3(2) of the Canadian Security Intelligence Service Act, R.‍S.‍C. 1985, c. C-23

AND IN THE MATTER OF (Subject)

This is the information of (name of Director or designated employee), of   (“the applicant”).

The applicant says that they have reasonable grounds to suspect that (specify the information, record, document or thing) is in the possession or control of (name of the person or entity) and will assist the Canadian Security Intelligence Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16 of the Canadian Security Intelligence Service Act.

The applicant says that the order is necessary to prevent the loss or destruction or ensure the preservation of the information, record, document or thing.

The applicant also says that the Director or a designated employee of the Service intends to apply or has applied for a production order under section 20.‍4 of that Act or a warrant under section 21 or 22.‍21 of that Act to obtain the (information, record, document or thing) or under section 23 of that Act to remove a thing.

The reasonable grounds are:

The applicant therefore requests that (name of the person or entity) be ordered to preserve the (specify the information, record, document or thing) that is in their possession or control when they receive the order for 90 days after the day on which the order is made.

Sworn before me on (date), at (place).

(Signature of applicant)

(Signature of commissioner for taking oaths)

(Court File No.‍)

FEDERAL COURT

IN THE MATTER OF an application by (Name) for a preservation order under section (12 or 16) and subsection 20.‍3(2) of the Canadian Security Intelligence Service Act, R.‍S.‍C. 1985, c. C-23

AND IN THE MATTER OF (Subject)

To (name of person or entity), of  :

Whereas I am satisfied by information on oath of (name of Director or designated employee), of  ,

Therefore, you are required to preserve the (specify the information, record, document or thing) that is in your possession or control when you receive this order until (insert date) unless, before that date, the (specify the information, record, document or thing) is obtained under a production order made under section 20.‍4 of that Act or a warrant issued under section 21 or 22.‍21 of that Act or a thing is removed in accordance with a warrant issued under 23 of that Act.

You are required to destroy the (specify the information, record, document or thing) that would not be retained in the ordinary course of business, (and, if applicable, and any document that is prepared for the purpose of preserving the information, record, document or thing) in accordance with section 20.‍8 of that Act. If you contravene that provision without lawful excuse, you may be subject to a fine, to imprisonment or to both.

Dated (date), at (place).

(Signature of judge)

(Court File No.‍)

FEDERAL COURT

IN THE MATTER OF an application by (Name) for a production order under section (12 or 16) and subsection 20.‍4(2) of the Canadian Security Intelligence Service Act, R.‍S.‍C. 1985, c. C-23

AND IN THE MATTER OF (Subject)

This is the information of (name of Director or designated employee), of   (“the applicant”).

The applicant says that they have reasonable grounds to believe that (specify the information, record or document) is in the possession or control of (name of the person or entity) and that it will assist the Canadian Security Intelligence Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16 of the Canadian Security Intelligence Service Act.

The applicant says that they have obtained the approval of the Minister of Public Safety and Emergency Preparedness to make this application.

The reasonable grounds are:

Sworn before me on (date), at (place).

(Signature of applicant)

(Signature of commissioner for taking oaths)

(Court File No.‍)

FEDERAL COURT

IN THE MATTER OF an application by (Name) for a production order under section (12 or 16) and subsection 20.‍4(2) of the Canadian Security Intelligence Service Act, R.‍S.‍C. 1985, c. C-23

AND IN THE MATTER OF (Subject)

To (name of person or entity), of  :

Whereas I am satisfied by information on oath of (name of Director or designated employee), of  , that there are reasonable grounds to believe that (specify the information, record or document) is in your possession or control and that it will assist the Canadian Security Intelligence Service to investigate, within or outside Canada, a threat to the security of Canada or to perform its duties and functions under section 16 of the Canadian Security Intelligence Service Act.

Therefore, you are ordered to produce (specify the information, record or document) that is in your possession or control when you receive this order.

The (specify the information, record or document) must be produced to the Director or an employee of the Service in accordance with that person’s instructions, within (time) and in (form).

You have the right to apply to revoke or vary this order in accordance with section 20.‍5 of that Act.

Dated (date), at (place).

(Signature of judge)

(Court File No. — to match Production Order)

FEDERAL COURT

IN THE MATTER OF an application by (Name) for the revocation or variation of a production order under section 20.‍5 of the Canadian Security Intelligence Service Act, R.‍S.‍C. 1985, c. C-23

NOTICE

This is a notice that (name of person or entity named in the order) (“the applicant”) intends to apply to the Federal Court for the revocation or variation of the production order made on (date) and served on the applicant on (date).

A copy of this notice has been provided to an employee of the Canadian Security Intelligence Service on (date).

The applicant intends to file the application for revocation or variation on or before (date), the date by which the applicant must comply with the production order.

Dated (date), at (place).

(Signature of applicant)