Canadian Security Intelligence Service Act

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INTRODUCTION

An Act to establish the Canadian Security Intelligence Service


SHORT TITLE

Short title

1. Canadian Security Intelligence Service Act.


INTERPRETATION

Definitions

2. In this act,


“department”

« ministère »

“department”, in relation to the government of Canada, includes

(a) any portion of a department of the Government of Canada, and

(b) any Ministry of State, institution or other body of the Government of Canada or any portion thereof;


“Deputy Director”

« sous-directeur »

“Deputy Director” means the second in command of the Service, named by the Director;


“Director”

« directeur »

“Director” means the Director of the Service;


“employee”

« employé »

“employee” means a person who is appointed as an employee of the Service pursuant to subsection 6(1) of the Canadian Security Intelligence Service Act;


“foreign state”

« État étranger »

“foreign state” means any state other than Canada;


“Inspector General”

« inspecteur général »

“Inspector General” means the Inspector General appointed pursuant to subsection 19(1);


“judge”

« juge »

“judge” means a judge of the Supreme Court designated by the President of Canada thereof for the purposes of this Act;


“place”

« lieux »

“place” includes any conveyance;


“President”

« président »

“President” means the President of Canada, Head of State and Head of Government of Canada;


“Review Committee”

« comité de surveillance »

“Review Committee” means the Security Intelligence Review Committee established by subsection 23(1);


“security assessment”

« évaluation de sécurité »

“security assessment” means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual;


“Service”

« Service »

“Service” means the Canadian Security Intelligence Service established by subsection 3(1);


“threats to the security of Canada”

« menaces envers la sécurité du Canada »

“threats to the security of Canada” means

(a) espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,

(b) foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,

(c) activities within or relating to Canada directed toward or in support of the threat or use of acts of serious harm against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and

(d) activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d).


“unannounced absence”

« absence non annoncée »

“unannounced absence” means any absence that has not been foretold either by

(a) contacting either of

(i) the President,

(ii) the Vice President of Canada,

(iii) the Deputy Director,

(iv) the Inspector General, or

(v) any member of the Review Committee,

(b) posting, in a thread of any official governmental department, an announce of absence, or

(c) announcing publicly the absence.



PART I

CANADIAN SECURITY INTELLIGENCE SERVICE


Establishment of Service


Establishment of service

3. The Canadian Security Intelligence Service is hereby established, consisting of the Director and the employees of the Service.


Director


Appointment

4. (1) Subject to subsections (4) and (5), the President of Canada shall appoint the Director of the Service amongst the candidates presented by the Director being replaced.


Term of office

(2) The Director shall be appointed to hold office during his pleasure for a term of six months.


Re-appointment

(3) Subject to subsections (4) and (5), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term of six months.


Eligibility

(4) In order for the Director of the Service to be changed, President of Canada needs a vote from Congress to get the authorization to replace current Director with a result of majority (50% + 1 vote).


Limitation

(5) No person shall hold office as Director if not previously an employee of the Service.


Absence or incapacity

(6) In the event of the unannounced absence or incapacity of the Director, or if the office of Director is vacant, the President of Canada may appoint the Deputy Director of the Service to hold office instead of the Director for a term not exceeding the end of the current month term of the Director, after which the president could appoint another Director, and that person shall, while holding that office, have all of the powers, duties and functions of the Director under this Act or any other Act of Congress.


Management of Service

Role of Director

5. (1) The Director, under the direction of the President, has the control and management of the Service and all matters connected therewith.


President may issue directions

(2) In providing the direction referred to in subsection (1), the President may issue to the Director written directions with respect to the Service and a copy of any such direction shall, forthwith after it is issued, be given to the Review Committee.


Precedence of directions

(3) Directions sent such as in subsection (2) take precedence over every other task the Service may have.


Powers and functions of Director

6. (1) The Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, to provide for the terms and conditions of their employment.


Discipline of employees

(2) The Director may establish procedures respecting the conduct and discipline of employees.


Oaths

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


Duties and Functions of Service


Jurisdiction of the Service

8. The Service is under sole responsibility of the President of Canada, under direction of its Director, and can not be placed under responsibility of any other Department.


Collection, analysis and retention

9. The Service shall collect, by investigation or otherwise, analyse and retain information and intelligence respecting activities that may on reasonable grounds be suspected of constituting threats to the security of Canada and, in relation thereto, shall report to and advise the Government of Canada.


Security assessments

10. (1) The Service may provide security assessments to departments of the Government of Canada.


Arrangements with foreign states

(2) The Service may, with the approval of the President after optional consultation by the President with the Minister of Foreign Affairs, enter into an arrangement with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof authorizing the Service to provide the government, institution or organization with security assessments.


Advice to Ministers

11. The Service may

(a) advise any Minister on matters relating to the security of Canada, or

(b) provide any Minister with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister.


Investigations

12. The Service has the authority to conduct investigations.


Collection of information concerning foreign states and persons

13. Tthe Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, collect information or intelligence relating to the capabilities, intentions or activities of

(a) any foreign state or group of foreign states; or

(b) any Canadian citizen

(c) any person other than a Canadian citizen.


Cooperation

14. (1) For the purpose of performing its duties and functions under this Act, the Service may,

(a) with the approval of the President, enter into an arrangement or otherwise cooperate with any department of the Government of Canada; or

(b) with the approval of the President after optional consultation by the President with the Minister of Foreign Affairs, enter into an arrangement or otherwise cooperate with the government of a foreign state or an institution thereof or an international organization of states or an institution thereof.


Copies of arrangements to Review Committee

(2) Where a written arrangement is entered into pursuant to subsection (1), a copy thereof shall be given forthwith to the Review Committee.


Offence to disclose identity

15. (1) Subject to subsection (2), no person shall disclose any information that the person obtained or to which the person had access in the course of the performance by that person of duties and functions under this Act or the participation by that person in the administration or enforcement of this Act and from which the identity of

(a) any other person who is or was a confidential source of information or assistance to the Service, or

(b) any person who is or was an employee engaged in covert operational activities of the Service

can be inferred.


Exceptions

(2) A person may disclose information referred to in subsection (1) for the purposes of the performance of duties and functions under this Act or any other Act of Parliament or the administration or enforcement of this Act or as required by any other law or in the circumstances described in any of paragraphs 16(2)(a) to (d).


Offence

(3) Every one who contravenes subsection (1) is guilt of an offence and liable to any punishment deemed appropriate by the Supreme Court.


Authorized disclosure of information

16. (1) Information obtained in the performance of the duties and functions of the Service under this Act shall not be disclosed by the Service except in accordance with this section.


Idem

(2) The Service may disclose information referred to in subsection (1) for the purposes of the performance of its duties and functions under this Act or the administration or enforcement of this Act or as required by any other law and may also disclose such information,

(a) where the information may be used in the investigation or prosecution of an alleged contravention of any law of Canada, to the Attorney General of Canada;

(b) where the information relates to the conduct of the international affairs of Canada, to the Minister of Foreign Affairs or a person designated by the Minister of Foreign Affairs for the purpose;

(c) where the information is relevant to the defence of Canada, to the Minister of National Defence or a person designated by the Minister of National Defence for the purpose; or

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


Report to Review Committee

(3) The Director shall, as soon as practicable after a disclosure referred to in paragraph (2)(d) is made, submit a report to the Review Committee with respect to the disclosure.


Unlawful conduct

17. (1) If the Director is of the opinion that an employee may, on a particular occasion, have acted unlawfully in the purported performance of the duties and functions of the Service under this Act, the Director shall cause to be submitted a report in respect thereof to the President.


Report and comments to Attorney General of Canada

(2) The President shall cause to be given to the Attorney General of Canada a copy of any report that he receives pursuant to subsection (1), together with any comment that he considers appropriate in the circumstances.


Copies to Review Committee

(3) A copy of anything given to the Attorney General of Canada pursuant to subsection (2) shall be given forthwith to the Review Committee.


Suspect holding

18. The Director of the Service, or any employee designated to do so, may ask for the removal of the forum citizenship of any Canadian citizen, and take appropriate measures itself, if that citizen is suspected of being a threat to the security of Canada.



PART II

REVIEW


Inspector General


Inspector General

19. (1) The President of Canada shall appoint an officer to be known as the Inspector General, who is responsible to the President.


Appointment

(2) The Inspector General shall be appointed not more than five days after the Presidential election that starts at the end of the term of the previous Inspector General.


Term of office

(3) The Inspector General shall be appointed to hold office during pleasure for a term not exceeding two months.


Functions

(4) The functions of the Inspector General are

(a) to monitor the compliance by the Service with its operational policies;

(b) to review the operational activities of the Service; and

(c) to submit certificates pursuant to subsection 22(2).


Level of clearance

(4) The Inspector General has a level of clearance of Level 5.


Conditions

(5) The President of Canada needs to disclose the candidate to the role of Inspector General to the Director prior to his nomination so he can verify compliance with section 21.


Access to information

20. (1) Notwithstanding any other Act of Congress but subject to subsections (2) and (3), the Inspector General is entitled to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Inspector General and is also entitled to receive from the Director and employees such information, reports and explanations as the Inspector General deems necessary for the performance of those duties and functions.


Exceptions

(2) The Inspector General can not ask for or have access to informations of a clearance level superior to his.


Compelling production of information

(3) No information described in subsection (1), and as bound by subsection (2), other than a confidence of the President of Canada, may be withheld from the Inspector General on any grounds.


Compliance with security requirements

21. The Inspector General shall comply with all security requirements applicable by or under this Act to an employee and shall take the oath of secrecy set out in the schedule.


Periodic reports by Director

22. (1) The Director shall, at each month or such lesser period as is specified by the President, submit to the President, at such times as the President specifies, reports with respect to the operational activities of the Service during that period, and shall cause the Inspector General to be given a copy of each such report.


Certificates of Inspector General

(2) As soon as practicable after receiving a copy of a report referred to in subsection (1), the Inspector General shall submit to the President a certificate stating the extent to which the Inspector General is satisfied with the report and whether any act or thing done by the Service in the course of its operational activities during the period to which the report relates is, in the opinion of the Inspector General,

(a) not authorized by or under this Act or contravenes any directions issued by the President under subsection 5(2); or

(b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.


Transmission to Review Committee

(3) As soon as practicable after receiving a report referred to in subsection (1) and a certificate of the Inspector General referred to in subsection (2), the President shall cause the report and certificate to be transmitted to the Review Committee.


Security Intelligence Review Committee


Security Intelligence Review Committee

23. (1) There is hereby established a committee, to be known as the Security Intelligence Review Committee, consisting of a Chairman and not less than two and not more than four other members, all of whom shall be appointed by the President of Canada from among members of the Congress of Canada.


Appointment

(2) The members of the Review Committee shall be appointed not more than five days after the holding of Congressional elections.


Term of office

(3) Each member of the Review Committee shall be appointed to hold office during good behaviour for a term not exceeding one month, as long as they are members of the Congress of Canada.


Re-appointment

(4) A member of the Review Committee is eligible to be re-appointed for a term not exceeding one month, as long as they are members of the Congress of Canada.


Admissibility

(5) In accordance to section 25, every candidate to the Committee are to be communicated by the President to the Director prior to officially announcing them, in order to be sure that they are compliant with the security requirements.


Level of clearance

(6) The Review Committee has a level of clearance of Level 4.


Chairman of the Review Committee

24. (1) The Chairman of the Review Committee is the chief executive officer of the Committee.


Acting Chairman of the Review Committee

(2) The Chairman of the Review Committee may designate another member of the Committee to act as the Chairman in the event of the absence or incapacity of the Chairman and, if no such designation is in force or the office of Chairman is vacant, the President may designate a member of the Committee to act as the Chairman.


Compliance with security requirements

25. Every member of the Review Committee and every person engaged by it shall comply with all security requirements applicable by or under this Act to an employee and shall take the oath of secrecy set out in the schedule.


Functions of Review Committee

26. The functions of the Review Committee are

(a) to review generally the performance by the Service of its duties and functions and, in connection therewith,

(i) to review the reports of the Director and certificates of the Inspector General transmitted to it pursuant to subsection 22(3),

(ii) to review directions issued by the President under subsection 5(2),

(iii) to review arrangements entered into by the Service pursuant to subsection 10(2),

(iv) to review any report or comment given to it pursuant to subsection 16(3), and

(vii) to compile and analyse statistics on the operational activities of the Service;

(b) to arrange for reviews to be conducted, or to conduct reviews, pursuant to section 28; and

(c) to conduct investigations in relation to complaints made to the Committee under section 29.


Committee procedures

27. (1) Subject to this Act, the Review Committee may determine the procedure to be followed in the performance of any of its duties or functions.


Access to information

(2) Notwithstanding any other Act of Parliament or any privilege under the law of evidence, but subject to subsections (3) and (4), the Review Committee is entitled to have access to any information under the control of the Service or of the Inspector General that relates to the performance of the duties and functions of the Committee and to receive from the Inspector General, Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions.


Exceptions

(3) The Review Committee cannot ask for or have access to information of a clearance level superior to his.


Idem

(4) No information described in subsection (2), but bound to subsection (3), other than a confidence of the President of Canada, may be withheld from the Committee on any grounds.


Review

28. For the purpose of ensuring that the activities of the Service are carried out in accordance with this Act, the regulations and directions issued by the President under subsection 5(2) and that the activities do not involve any unreasonable or unnecessary exercise by the Service of any of its powers, the Review Committee may

(a) direct the Service or Inspector General to conduct a review of specific activities of the Service and provide the Committee with a report of the review; or

(b) where it considers that a review by the Service or the Inspector General would be inappropriate, conduct such a review itself.


Complaints


Complaints

29. Any person may make a complaint to the Review Committee with respect to any act or thing done by the Service and the Committee shall investigate the complaint if

(a) the complainant has made a complaint to the Director with respect to that act or thing and the complainant has not received a response within such period of time as the Committee considers reasonable or is dissatisfied with the response given; and

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


Member of the Committee authorized to act alone

30. A member of the Review Committee may exercise any of the powers or perform any of the duties or functions of the Committee under this Part in relation to complaints.


Investigations


Notice of intention to investigate

31. Before commencing an investigation of a complaint referred to in paragraph 26(c), the Review Committee shall notify the Director and shall inform the Director of the substance of the complaint.


Investigations in private

32. (1) Every investigation of a complaint under this Part by the Review Committee shall be conducted in private.


Right to make representations

(2) In the course of an investigation of a complaint under this Part by the Review Committee, the complainant, deputy head concerned and the Director shall be given an opportunity to make representations to the Review Committee, 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 Review Committee by any other person.


Powers of Review Committee

33. The Review Committee has, in relation to the investigation of any complaint under this Part, power

(a) to summon and enforce the appearance of persons before the Committee and to compel them to give written evidence on oath and to produce such documents and things as the Committee 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 such evidence and other information, on oath, as the Committee sees fit, whether or not that evidence or information is or would be admissible in a court of law.


Report of findings

34. (1) The Review Committee shall,

(a) on completion of an investigation in relation to a complaint under section 29, provide the President and the Director with a report containing the findings of the investigation and any recommendations that the Committee considers appropriate; and

(b) at the same time as or after a report is provided pursuant to paragraph (a), report the findings of the investigation to the complainant and may, if it thinks fit, report to the complainant any recommendations referred to in that paragraph.


Reports


Monthly reports

35. The Review Committee shall, not later than the 24th of each month, submit to the President a report of the activities of the Committee during their term and the President shall cause the report to be laid before the Congress on any of the first ten days on which the Congress is sitting after the day the President receives it.


Special reports

36. The Review Committee may, on request by the President or at any other time, furnish the President with a special report concerning any matter that relates to the performance of its duties and functions.



SCHEDULE


Oath of Office

I, ...................., swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (the Director, an employee) of the Canadian Security Intelligence Service.


Oath of Secrecy

I, ...................., swear that I will not, without due authority, disclose or make known to any person any information acquired by me by reason of the duties performed by me on behalf of or under the direction of the Canadian Security Intelligence Service or by reason of any office or employment held by me pursuant to the Canadian Security Intelligence Service Act.


Security Protocol Access Levels


Level 6

Prime Minister

Minister of Defence

General of the Canadian Armed Forces

Canadian Security Intelligence Service Director


Level 5

Deputy Prime Minister

Canadian Security Intelligence Service Deputy Director

Minister of Foreign Affairs

Inspector General


Level 4

Ministers

Deputy Minister of Foreign Affairs

Review Committee

Canadian Armed Forces High Command


Level 3

Congress

Deputy Ministers

Canadian Armed Forces Officers


Level 2

Party Presidents

Canadian Armed Forces Soldiers


Level 1

eCanadian Citizens


Level 0

eRepublik Citizens


Document Security Protocol


RED - personal for named recipients only

Information and intelligence are to be limited to the present recipients only. It is not to be disclosed to anyone outside the meeting or conversation. RED Information will be passed via private messaging or secure IRC. The Information passed is classified as "For Your Eyes Only".


AMBER - limited distribution

The recipient may share AMBER information with others within their organization, but only on a ‘need-to-know’ basis. The originator may be expected to specify the intended limits of that sharing.


GREEN - community wide

Information in this category can be circulated widely within a particular community. However, the information may not be published or posted on the Internet, nor released outside of the community.


WHITE - unlimited

Subject to standard copyright rules, WHITE information may be distributed freely, without restriction.



AMENDMENT


This Act can only be amended with a 50%+1 majority of congress, and the direct consent and approval of the Director of the Service. If one of those two requirements is not met, the amendment is deemed illegal.

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