- (a) the process for resolution of a dispute applicable to employees of the Service in a bargaining unit determined for the purposes of that Act is by the referral of the dispute to arbitration; and
- (b) the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act.
- R.S., 1985, c. C-23, s. 9
- 2003, c. 22, ss. 144(E), 225(E)
- 2017, c. 9, s. 55
9.1 [Repealed, 2003, c. 22, s. 145]
Marginal note: 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.
- R.S., 1985, c. C-23, s. 10
- 2024, c. 16, s. 6
Marginal note: Certificate
11 A certificate purporting to be issued by or under the authority of the Director and stating that the person to whom it is issued is an employee or is a person, or a person included in a class of persons, to whom a warrant issued under section 21 or 23 is directed is evidence of the statements contained therein and is admissible in evidence without proof of the signature or official character of the person purporting to have issued it.
- 1984, c. 21, s. 11
Duties and Functions of Service
Datasets
Marginal note: Definitions
11.01 The following definitions apply in sections 11.01 to 11.25.
means a class of Canadian datasets, the collection of which is determined to be authorized by the Minister under section 11.03 and that has been approved by the Commissioner under the Intelligence Commissioner Act . ( catégorie approuvée )
in respect of a person, means a Canadian citizen, a 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 )
means a collection of information that
- (a) is characterized by a common subject matter;
- (b) is stored as an electronic record;
- (c) contains , 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 )
means an employee who is designated under section 11.04 or 11.06. ( employé désigné )
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 )
means a dataset referred to in paragraph 11.07(1)(a). ( ensemble de données accessible au public )
means a dataset described in paragraph 11.07(1)(b). ( ensemble de données canadien )
means a dataset described in paragraph 11.07(1)(c). ( ensemble de données étranger )
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 )
- 2019, c. 13, s. 97
- 2024, c. 16, s. 8
11.02 [Repealed, 2024, c. 16, s. 9]
Marginal note: Classes — Canadian datasets
- 11.03 (1) The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.
- Marginal note: 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.
- Marginal note: Maximum period (2.1) An order under subsection (1) is valid for a period of not more than two years.
- Marginal note: Notification of Commissioner (3) The Minister shall notify the Commissioner of the Minister’s determination under subsection (1) for the purposes of the Commissioner’s review and approval under the Intelligence Commissioner Act .
- Marginal note: Statutory Instruments Act (4) An order made under subsection (1) is not a within the meaning of the Statutory Instruments Act .
- 2019, c. 13, s. 97
- 2024, c. 16, s. 10
Marginal note: Designation of employees — Minister
- 11.04 (1) The Minister may designate employees to carry out the activity referred to in subsection 7(2.1) and section 11.12.
- Marginal note: Statutory Instruments Act (2) For greater certainty, the designation of an employee by the Minister under subsection (1) is not a within the meaning of the Statutory Instruments Act .
Marginal note: 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.
- 2019, c. 13, s. 97
- 2024, c. 16, s. 11
Marginal note: 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.
Marginal note: 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.
- Marginal note: 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.
Marginal note: 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.
- Marginal note: Terms and conditions (2) The terms and conditions of the warrant or production order continue to apply to the dataset.
Marginal note: 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.
Marginal note: Designation of employees — Director
- 11.06 (1) The Director may designate employees to carry out one or more activities referred to in sections 11.07, 11.2 and 11.22.
- Marginal note: Delegation (1.1) The Director may delegate the designation power set out in subsection (1) to an employee.
- Marginal note: Statutory Instruments Act (2) For greater certainty, the designation of an employee under subsection (1) is not a within the meaning of the Statutory Instruments Act .
- 2019, c. 13, s. 97
- 2024, c. 16, s. 12
Marginal note: 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
- (a) was publicly available at the time of collection;
- (b) predominantly relates to individuals within Canada or Canadians; or
- (c) predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada.
- (a) a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.12; or
- (b) a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met.
- (a) deletion of extraneous or erroneous information or information of poor quality;
- (b) translation;
- (c) decryption;
- (d) the application of privacy protection techniques;
- (e) any activity respecting the organization of the dataset.
- (a) delete , 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
- (b) comply with the obligations under section 11.1.
- 2019, c. 13, s. 97
- 2024, c. 16, s. 13
Marginal note: 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,
- (a) destroy the dataset; or
- (b) make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong.
- 2019, c. 13, s. 97
- 2024, c. 16, s. 14
