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2 The following definitions apply in this Act.

terrorist group

terrorist group  has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste)

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Marginal note:Cybersecurity Authorizations — federal infrastructures

• 27 (1) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access a federal institution’s information infrastructure and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

• Marginal note:Cybersecurity Authorizations — non-federal infrastructures

  (2) The Minister may issue a Cybersecurity Authorization to the Establishment that authorizes it, despite any other Act of Parliament, to, in the furtherance of the cybersecurity and information assurance aspect of its mandate, access an information infrastructure designated under subsection 21(1) as an information infrastructure of importance to the Government of Canada and acquire any information originating from, directed to, stored on or being transmitted on or through that infrastructure for the purpose of helping to protect it, in the circumstances described in paragraph 184(2)(e) of the Criminal Code, from mischief, unauthorized use or disruption.

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Marginal note:Prohibited conduct

• 32 (1) In carrying out any activity under an authorization issued under subsection 29(1) or 30(1), the Establishment must not

  • (a) cause, intentionally or by criminal negligence, death or bodily harm to an individual; or

• Marginal note:Definition of bodily harm

  (2) In subsection (1), bodily harm has the same meaning as in section 2 of the Criminal Code.

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Marginal note:Cybersecurity and information assurance

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• Marginal note:Definition of private communication

  (3) In subsection (2), private communication has the same meaning as in section 183 of the Criminal Code.

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Marginal note:No civil or criminal liability

49 No person who acts in accordance with an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or who aids, in good faith, a person who they believe on reasonable grounds is acting in accordance with such an authorization incurs any criminal or civil liability for anything reasonably done further to the authorization.

Marginal note:Exclusion of Part VI of Criminal Code

50 Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under subsection 26(1), 27(1) or (2), 29(1), 30(1) or 40(1) or in relation to a communication so intercepted.

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Marginal note:Access to Information Act

57 For the purposes of the Access to Information Act, if any record, as defined in section 3 of that Act, of any other government institution, as defined in that section, or of any other organization is contained in or carried on the Establishment’s information infrastructure on behalf of that institution or organization, the record is not under the Establishment’s control.

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27 The Review Agency has, in relation to the investigation of any complaint, the power

• (a) to summon and enforce the appearance of persons before the Agency and to compel them to give oral or written evidence on oath and to produce the documents and things that the Agency 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;

Marginal note:Duty to suspend

27.1 Despite any provision of this Act, the Review Agency must suspend an investigation if, after consultation with the appropriate department, the Agency is of the opinion that continuing the investigation would compromise or seriously hinder an ongoing criminal investigation or proceeding.

Marginal note:Evidence in other proceedings

28 Except in a prosecution under section 132 or 136 of the Criminal Code in respect of a statement made under this Act, evidence given by a person in proceedings under this Act and evidence of the existence of the proceedings are inadmissible against that person in a court or in any other proceedings.

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I, , swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Review Agency and will not communicate or use without due authority any information obtained in confidence by me in that capacity.

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