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House Bill

Bill C-331

44th Parl. 1st Sess.
May 02, 2023
An Act to amend the Canadian Security Intelligence Service Act (duty of candour)
  • Bill C-331 aims to amend the Canadian Security Intelligence Service Act to address breaches of the duty of candour by the Canadian Security Intelligence Service (CSIS). The bill proposes that the CSIS should report any breaches of this duty to the courts. Additionally, the oath of office taken by the Director and employees of CSIS will be updated to include a solemn promise to fulfill this duty. The purpose of these changes is to ensure transparency and accountability in the actions of CSIS.
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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-331
An Act to amend the Canadian Security Intelligence Service Act (duty of candour)
FIRST READING, May 2, 2023

Mrs. Zahid
441224


SUMMARY

This enactment amends the Canadian Security Intelligence Service Act to provide that the Canadian Security Intelligence Service shall report on breaches of its duty of candour to the courts. It also amends the oath of office taken by the Director and employees to include a solemn promise to fulfill that duty.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-331

An Act to amend the Canadian Security Intelligence Service Act (duty of candour)

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

R.‍S.‍, c. C-23

Canadian Security Intelligence Service Act

1 Section 6 of the Canadian Security Intelligence Service Act is amended by adding the following after subsection (6):

Breaches of duty of candour

Start of inserted block
(7) The reports shall also include

  • (a) the number of times that the Service has or may have breached its duty of candour to the courts in the performance of its duties and functions under this Act in relation to applications for warrants;

  • (b) a description of each breach; and

  • (c) information on any remedial measures taken by the Service in response to each breach.

    End of inserted block

2 Section 20.‍2 of the Act is replaced by the following:

Report

20.‍2 The Service shall, within three months after the end of each calendar year, submit to the Minister a report of the activities of the Service during the preceding calendar year, Insertion start including a general description of the information provided under subsection 6(7) for the same period Insertion end , and the Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

3 The oath of office set out in the schedule to the Act is replaced by the following:

Oath of Office
I, ………………….‍. , swear that I will faithfully and impartially to the best of my abilities perform the duties required of me as (the Director, an employee) of the Canadian Security Intelligence Service, Insertion start including duties owed to the courts, such as the duty of candour Insertion end . So help me God.
Published under authority of the Speaker of the House of Commons