Canadian Security Intelligence Service Act

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Sections708

• 1Short title

  This Act may be cited as the Canadian Security Intelligence Service Act.

• 2Definitions

  In this Act,

• 2[p2]

  bodily harm has the same meaning as in section 2 of the Criminal Code; (lésions corporelles)

• 2[p3]Repealed

  Canadian[Repealed, 2024, c. 16, s. 3]

• 2[p4]

  Commissioner means the Intelligence Commissioner appointed under subsection 4(1) of the Intelligence Commissioner Act; (commissaire)

• 2[p5]

  Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984; (Convention contre la torture)

• 2[p6]Repealed

  dataset[Repealed, 2024, c. 16, s. 3]

• 2[p7]

  department, in relation to the government of Canada or of a province, includes

• 2[p7](a)

  any portion of a department of the Government of Canada or of the province, and

• 2[p7](b)

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

• 2[p10]

  Deputy Minister means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness; (sous-ministre)

• 2[p11]

  Director means the Director of the Service; (directeur)

• 2[p12]

  employee means a person who is appointed as an employee of the Service pursuant to subsection 8(1) or has become an employee of the Service pursuant to subsection 66(1) of the Canadian Security Intelligence Service Act, chapter 21 of the Statutes of Canada, 1984, and includes a person who is attached or seconded to the Service as an employee; (employé)

• 2[p13]Repealed

  exploitation[Repealed, 2024, c. 16, s. 3]

• 2[p14]

  foreign state means any state other than Canada; (État étranger)

• 2[p15]

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

• 2[p16]Repealed

  Inspector General[Repealed, 2012, c. 19, s. 378]

• 2[p17]

  intercept has the same meaning as in section 183 of the Criminal Code; (intercepter)

• 2[p18]

  judge means a judge of the Federal Court designated by the Chief Justice thereof for the purposes of this Act; (juge)

• 2[p19]

  Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

• 2[p20]

  place includes any conveyance; (lieux)

• 2[p21]Repealed

  query[Repealed, 2024, c. 16, s. 3]

• 2[p22]

  Review Agency means the National Security and Intelligence Review Agency; (Office de surveillance)

• 2[p23]Repealed

  Review Committee[Repealed, 2019, c. 13, s. 21]

• 2[p24]

  security assessment means an appraisal of the loyalty to Canada and, so far as it relates thereto, the reliability of an individual; (évaluation de sécurité)

• 2[p25]

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

• 2[p26]

  threats to the security of Canada means 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). (menaces envers la sécurité du Canada)

• 2[p26](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,

• 2[p26](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,

• 2[p26](c)

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

• 2[p26](d)

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

• 2.1Forms

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

• 3Establishment of Service
• 3(1)

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

• 3(2)Principal office

  The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act.

• 3(3)Other offices

  The Director may, with the approval of the Minister, establish other offices of the Service elsewhere in Canada.

• 4Appointment
• 4(1)

  The Governor in Council shall appoint the Director of the Service.

• 4(2)Term of office

  The Director shall be appointed to hold office during pleasure for a term not exceeding five years.

• 4(3)Re-appointment

  Subject to subsection (4), the Director is eligible, on the expiration of a first or any subsequent term of office, to be re-appointed for a further term not exceeding five years.

• 4(4)Limitation

  No person shall hold office as Director for terms exceeding ten years in the aggregate.

• 4(5)Absence or incapacity

  In the event of the absence or incapacity of the Director, or if the office of Director is vacant, the Governor in Council may appoint another person to hold office instead of the Director for a term not exceeding six months, 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 Parliament and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

• 5Salary and expenses
• 5(1)

  The Director is entitled to be paid a salary to be fixed by the Governor in Council and shall be paid reasonable travel and living expenses incurred by the Director in the performance of duties and functions under this Act.

• 5(2)Pension benefits

  The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Director, except that a person appointed as Director from outside the public service, as defined in the Public Service Superannuation Act, may, by notice in writing given to the President of the Treasury Board not more than sixty days after the date of appointment, elect to participate in the pension plan provided by the Diplomatic Service (Special) Superannuation Act, in which case the provisions of that Act, other than those relating to tenure of office, apply to the Director from the date of appointment and the provisions of the Public Service Superannuation Act do not apply.

• 6Role of Director
• 6(1)

  The Director, under the direction of the Minister, has the control and management of the Service and all matters connected therewith.

• 6(2)Minister may issue directions

  In providing the direction referred to in subsection (1), the Minister 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 Agency.

• 6(3)Directions deemed not to be statutory instruments

  Directions issued by the Minister under subsection (2) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

• 6(4)Periodic reports by Director

  The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Agency to be given a copy of each such report.

• 6(5)Measures to reduce threats to the security of Canada

  The reports shall include, among other things, the following information in respect of the Service’s operational activities, during the period for which the report is made, to reduce threats to the security of Canada:

• 6(5)(a)

  for each of the paragraphs of the definition threats to the security of Canada in section 2, a general description of the measures that were taken during the period in respect of the threat within the meaning of that paragraph and the number of those measures;

• 6(5)(b)

  the number of warrants issued under subsection 21.1(3) during the period and the number of applications for warrants made under subsection 21.1(1) that were refused during the period; and

• 6(5)(c)

  for each threat to the security of Canada for which warrants have been issued under subsection 21.1(3) before or during the period, a general description of the measures that were taken under the warrants during the period.

• 6(6)Justification

  The reports shall also include

• 6(6)(a)

  a general description of the information and intelligence collection activities in the context of which employees designated under subsection 20.1(6) or (8) committed acts or omissions that would otherwise constitute offences;

• 6(6)(b)

  a general description of those acts or omissions;

• 6(6)(c)

  the information referred to in paragraphs 20.1(24)(a) to (e); and

• 6(6)(d)

  information on the training received by employees designated under subsection 20.1(6) or (8) and by senior employees designated under subsection 20.1(7).

• 7Consultation with Deputy Minister
• 7(1)

  The Director shall consult the Deputy Minister on

• 7(1)(a)

  the general operational policies of the Service; and

• 7(1)(b)

  any matter with respect to which consultation is required by directions issued under subsection 6(2).

• 7(2)Consultation with Deputy Minister — warrant

  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.

• 7(2.1)Consultation with Deputy Minister — authorization

  The Director or any employee who is designated under subsection 11.04(1) for the purpose of applying for a judicial authorization referred to in section 11.12 shall consult the Deputy Minister before applying for the judicial authorization.

• 7(2.2)Consultation with Deputy Minister — production order

  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.

• 7(3)Advice by Deputy Minister

  The Deputy Minister shall advise the Minister with respect to directions issued under subsection 6(2) or that should, in the opinion of the Deputy Minister, be issued under that subsection.

• 8Powers and functions of Director
• 8(1)

  Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of employees, other than persons attached or seconded to the Service as employees,

• 8(1)(a)

  to provide for the terms and conditions of their employment; and

• 8(1)(b)

  subject to the regulations,

• 8(1)(b)(i)

  to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act, and

• 8(1)(b)(ii)

  to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act.

• 8(2)Discipline and grievances of employees

  Notwithstanding the Federal Public Sector Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees.

• 8(3)Adjudication of employee grievances

  When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Federal Public Sector Labour Relations and Employment Board referred to in subsection 4(1) of the Federal Public Sector Labour Relations and Employment Board Act.

• 8(4)Regulations

  The Governor in Council may make regulations

• 8(4)(a)

  governing the exercise of the powers and the performance of the duties and functions of the Director referred to in subsection (1); and

• 8(4)(b)

  in relation to employees to whom subsection (2) applies, governing their conduct and discipline and the presentation, consideration and adjudication of grievances.

• 9Process for resolution of disputes of support staff
• 9(1)

  Notwithstanding the Federal Public Sector Labour Relations Act,

• 9(1)(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

• 9(1)(b)

  the process for resolution of a dispute referred to in paragraph (a) shall not be altered pursuant to that Act.

• 9(2)Public Service Superannuation Act

  Employees of the Service shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• 9.1Repealed

  [Repealed, 2003, c. 22, s. 145]

• 10Oaths

  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.

• 11Certificate

  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.

• 11.01[p85]
• 11.01Definitions

  The following definitions apply in sections 11.01 to 11.25.

• 11.01[p86]
• 11.01[p87]

  approved class 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)

• 11.01[p88]

  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)

• 11.01[p89]

  dataset means a collection of information that

• 11.01[p89](a)

  is characterized by a common subject matter;

• 11.01[p89](b)

  is stored as an electronic record;

• 11.01[p89](c)

  contains personal information, as defined in section 3 of the Privacy Act; and

• 11.01[p89](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)

• 11.01[p94]

  designated employee means an employee who is designated under section 11.04 or 11.06. (employé désigné)

• 11.01[p95]

  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)

• 11.01[p96]

  publicly available dataset means a dataset referred to in paragraph 11.07(1)(a). (ensemble de données accessible au public)

• 11.01[p97]

  Canadian dataset means a dataset described in paragraph 11.07(1)(b). (ensemble de données canadien)

• 11.01[p98]

  foreign dataset means a dataset described in paragraph 11.07(1)(c). (ensemble de données étranger)

• 11.01[p99]

  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)

• 11.02Repealed

  [Repealed, 2024, c. 16, s. 9]

• 11.05(1)
• 11.03Classes — Canadian datasets
• 11.05(2)Limit
• 11.03(1)

  The Minister shall, by order, determine classes of Canadian datasets for which collection is authorized.

• 11.05(2)(a)
• 11.03(2)Criteria

  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.

• 11.05(2)(b)
• 11.03(2.1)Maximum period

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

• 11.05(2)(c)
• 11.03(3)Notification of Commissioner

  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.

• 11.03(4)Statutory Instruments Act

  An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.

• 11.04Designation 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.

• 11.04(2)Statutory Instruments Act

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

• 11.05Collection of datasets

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

• 11.05(a)

  is a publicly available dataset;

• 11.05(b)

  belongs to an approved class; or

• 11.05(c)

  predominantly relates to non-Canadians who are outside Canada.

• 11.051Collection under section 12, 15 or 16

  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.

• 11.052Collection 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.

• 11.052(2)Deemed collection date

  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.

• 11.053Collection 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.

• 11.053(2)Terms and conditions

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

• 11.054Deemed collection date

  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.

• 11.06Designation 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.

• 11.06(1.1)Delegation

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

• 11.06(2)Statutory Instruments Act

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

• 11.07Evaluation 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

• 11.07(1)(a)

  was publicly available at the time of collection;

• 11.07(1)(b)

  predominantly relates to individuals within Canada or Canadians; or

• 11.07(1)(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.

• 11.07(1.1)Deeming

  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.

• 11.07(2)Evaluation — class

  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.

• 11.07(3)Limit

  During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.08(2), a dataset shall not be queried or exploited.

• 11.07(3.1)Comparison

  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.

• 11.07(4)Consultation

  A designated employee may consult

• 11.07(4)(a)

  a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.12; or

• 11.07(4)(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.

• 11.07(5)Activities of designated employee

  A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities:

• 11.07(5)(a)

  deletion of extraneous or erroneous information or information of poor quality;

• 11.07(5)(b)

  translation;

• 11.07(5)(c)

  decryption;

• 11.07(5)(d)

  the application of privacy protection techniques;

• 11.07(5)(e)

  any activity respecting the organization of the dataset.

• 11.07(6)Responsibilities of designated employee

  A designated employee shall, during the evaluation period,

• 11.07(6)(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

• 11.07(6)(b)

  comply with the obligations under section 11.1.

• 11.08Dataset 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,

• 11.08(1)(a)

  destroy the dataset; or

• 11.08(1)(b)

  make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong.

• 11.08(2)Period — suspension

  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.

• 11.08(3)Limit — activity

  A designated employee shall not carry out any activity under subsections 11.07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.07(6) does not apply to the dataset during that period of suspension.

• 11.08(4)Destruction

  If the Minister, on a request made under paragraph (1)(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act, does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset.

• 11.09End 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).

• 11.09(2)End of evaluation period — foreign datasets

  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.

• 11.09(3)Destruction

  If the Service has not taken steps within the period referred to in subsection (1) or (2), as the case may be, the dataset shall be destroyed by the day on which the period ends.

• 11.1Continuing obligations of Service
• 11.1(1)

  The Service shall take reasonable measures to ensure that

• 11.1(1)(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;

• 11.1(1)(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

• 11.1(1)(c)

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

• 11.1(2)Removal

  If the Service removes the information from the dataset under paragraph (1)(c), the information that was removed shall

• 11.1(2)(a)

  be destroyed without delay;

• 11.1(2)(b)

  be collected as a dataset under section 11.05; or

• 11.1(2)(c)

  be added as an update to a Canadian dataset if the addition is permitted under that Canadian dataset’s judicial authorization.

• 11.1(2.1)Non-application

  Subsection (2) does not apply to information that is being retained under subsection 11.21(1).

• 11.1(3)Deeming

  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.

• 11.11Dataset publicly available
• 11.11(1)

  For the purposes of sections 12 to 16, the Service may retain, query and exploit a publicly available dataset.

• 11.11(2)Retention of results of query or exploitation

  The Service may retain the results of a query or exploitation of a publicly available dataset in accordance with sections 12 to 16.

• 11.11(3)Disclosure

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

• 11.12Approval by Minister
• 11.12(1)

  Before making an application for a judicial authorization under subsection 11.13(1), the Director or a designated employee shall obtain the Minister’s approval.

• 11.12(2)Approved classes

  When the Director or a designated employee requests the Minister’s approval, the Director or designated employee shall, indicate to the Minister

• 11.12(2)(a)

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

• 11.12(2)(b)

  the date on which the Commissioner approved the determination of the Minister authorizing the class under the Intelligence Commissioner Act.

• 11.13Judicial authorization
• 11.13(1)

  A judge may authorize the retention of a Canadian dataset if the judge is satisfied that

• 11.13(1)(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

• 11.13(1)(b)

  the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application.

• 11.13(2)Contents of application

  An application for a judicial authorization shall be made in writing and shall set out the following:

• 11.13(2)(a)

  the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied;

• 11.13(2)(b)

  a description of the information that is contained in the dataset;

• 11.13(2)(b.1)

  the manner in which the Service intends to disclose the dataset;

• 11.13(2)(c)

  if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates;

• 11.13(2)(d)

  any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel;

• 11.13(2)(e)

  the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision;

• 11.13(2)(f)

  if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.

• 11.14Contents of judicial authorization
• 11.14(1)

  A judicial authorization issued under section 11.13 shall specify

• 11.14(1)(a)

  a description of the dataset;