Countering Foreign Interference Act (S.C. 2024, c. 16)
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Assented to 2024-06-20
PART 1R.S., c. C-23Canadian Security Intelligence Service Act (continued)
Amendments to the Act (continued)
38 (1) Subsection 21(1.1) of the Act is repealed.
(2) Paragraph 21(2)(d.1) of the Act is repealed.
(3) Paragraph 21(2)(h) of the Act is replaced by the following:
(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.
(4) Subsection 21(3.01) of the Act is repealed.
(5) Section 21 of the Act is amended by adding the following after subsection (3.1):
Marginal note: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.
(6) Paragraph 21(4)(d.1) of the Act is repealed.
(7) Subsection 21(4.1) of the Act is repealed.
39 The Act is amended by adding the following after section 22.2:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
40 Subsection 22.3(1) of the Act is replaced by the following:
Marginal note: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.
41 Section 23 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
41.1 (1) The portion of section 24 of the Act before paragraph (a) is replaced by the following:
Marginal note:Warrant to have effect notwithstanding other laws
24 Despite any other law, a warrant issued under section 21, 22.21 or 23
(2) Paragraph 24(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:
(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
42 Section 27 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
43 (1) Paragraphs 28(a) and (b) of the Act are replaced by the following:
(a) prescribing the form of judicial authorizations that may be issued under section 11.13 and of warrants that may be issued under section 21, 21.1, 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;
(2) Section 28 of the Act is amended by striking out “and” at the end of paragraph (b.1) and by adding the following after that paragraph:
(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
44 The Act is amended by adding the following after section 28:
PART IIIParliamentary Review
Marginal note:Five-year review
29 As soon as feasible after the fifth anniversary of the day on which this section comes into force and after each subsequent fifth anniversary, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
45 The schedule to the Act is numbered as Schedule 1.
46 The Act is amended by adding, after Schedule 1, the Schedule 2 set out in Schedule 1 to this Act.
47 The English version of the Act is amended by replacing “he or she” with “the judge” in the following provisions:
(a) the portion of subsection 11.13(1) before paragraph (a); and
(b) subsection 12.1(3.3).
2019, c. 13, s. 50Consequential Amendment to the Intelligence Commissioner Act
48 Section 18 of the Intelligence Commissioner Act is replaced by the following:
Marginal note: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.
PART 2Measures to Counter Foreign Interference
DIVISION 1R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act
Amendments to the Act
49 The long title of the Security of Information Act is replaced by the following:
50 Section 1 of the Act and the heading before it are replaced by the following:
Alternative Title
Marginal note:Alternative title
1 This Act may be cited as the Foreign Interference and Security of Information Act.
51 (1) Paragraph (a) of the definition person permanently bound to secrecy in subsection 8(1) of the Act is replaced by the following:
(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;
(2) Paragraph (f) of the definition special operational information in subsection 8(1) of the Act is replaced by the following:
(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
(3) The definition person permanently bound to secrecy in subsection 8(1) of the Act is amended by deleting “or” at the end of paragraph (a.2) and by adding the following after that paragraph:
(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
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