SUMMARY

This enactment amends the Canadian Security Intelligence Service Act to give greater protection to the Canadian Security Intelligence Service’s human sources. Also, so as to enable the Service to more effectively investigate threats to the security of Canada, the enactment clarifies the scope of the Service’s mandate and confirms the jurisdiction of the Federal Court to issue warrants that have effect outside Canada. In addition, it makes a consequential amendment to the Access to Information Act .

The enactment also amends the Strengthening Canadian Citizenship Act to allow for the coming into force of provisions relating to the revocation of Canadian citizenship on a different day than the day on which certain other provisions of that Act come into force.

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

SHORT TITLE

Marginal note: Short title

1. This Act may be cited as the Protection of Canada from Terrorists Act .

R.S., c. C-23 CANADIAN SECURITY INTELLIGENCE SERVICE ACT

2. Section 2 of the Canadian Security Intelligence Service Act is amended by adding the following in alphabetical order:

means an individual who, after having received a promise of confidentiality, has provided, provides or is likely to provide information to the Service;

3. Section 12 of the Act is renumbered as subsection 12(1) and is amended by adding the following:

Marginal note: No territorial limit

4. Section 15 of the Act is renumbered as subsection 15(1) and is amended by adding the following:

Marginal note: No territorial limit

Marginal note: 2001, c. 27, s. 224

• 5. (1) Paragraph 16(1)(b) of the French version of the Act is replaced by the following:

• b) d’une personne qui n’appartient à aucune des catégories suivantes :
  • (i) les citoyens canadiens,
  • (ii) les résidents permanents au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés ,
  • (iii) les personnes morales constituées sous le régime d’une loi fédérale ou provinciale.
  • b) au consentement personnel écrit du ministre.

  6. Subsection 18(1) of the Act is replaced by the following:

  Marginal note: Offence to disclose identity

  • 18. (1) Subject to subsection (2), no person shall knowingly disclose any information that they obtained or to which they had access in the course of the performance of their duties and functions under this Act or their participation in the administration or enforcement of this Act and from which could be inferred the identity of an employee who was, is or is likely to become engaged in covert operational activities of the Service or the identity of a person who was an employee engaged in such activities.

  7. The Act is amended by adding the following after section 18:

  Marginal note: Purpose of section — human sources

  18.1 (1) The purpose of this section is to ensure that the identity of human sources is kept confidential in order to protect their life and security and to encourage individuals to provide information to the Service.

  Marginal note: Prohibition on disclosure

  Marginal note: Exception — consent

  Marginal note: Application to judge

  • (a) an order declaring that an individual is not a human source or that information is not information from which the identity of a human source could be inferred; or
  • (b) if the proceeding is a prosecution of an offence, an order declaring that the disclosure of the identity of a human source or information from which the identity of a human source could be inferred is essential to establish the accused’s innocence and that it may be disclosed in the proceeding.

  Marginal note: Contents and service of application

  Marginal note: Attorney General of Canada

  Marginal note: Hearing

  Marginal note: Order — disclosure to establish innocence

  Marginal note: Effective date of order

  Marginal note: Confidentiality

  • (a) the identity of any human source and any information from which the identity of a human source could be inferred; and
  • (b) information and other evidence provided in respect of the application if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person.

  Marginal note: Confidentiality on appeal

  • 8. (1) Subsection 21(1) of the Act is replaced by the following:

  Marginal note: Application for warrant

  • 21. (1) If the Director or any employee designated by the Minister for the purpose believes, on reasonable grounds, that a warrant under this section is required to enable 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: Activities outside Canada

  9. The portion of subsection 39(2) of the Act before paragraph (a) is replaced by the following:

  Marginal note: Access to information

  2014, c. 22 STRENGTHENING CANADIAN CITIZENSHIP ACT

  10. Subsection 24(5) of the Strengthening Canadian Citizenship Act is replaced by the following:

  Marginal note: 2008, c. 14, s. 12(5)

  (5) Paragraphs 27(i) to (j.1) of the Act are replaced by the following:
  • (i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;
  • (i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;
  • (j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;
  • (j.1) providing for the renunciation of citizenship by persons
    • (i) who are citizens under paragraph 3(1)(f) or (g),
    • (ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
    • (iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
    • (j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);
    • (k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;
    • (k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;
    • (k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act ;
    • (k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;
    • (k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;
    • (k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; and