Excerpt from the National Defence Act

273.64 (1) The mandate of the Communications Security Establishment Canada is

  1. to acquire and use information from the global information infrastructure for the purpose of providing foreign intelligence, in accordance with Government of Canada intelligence priorities;
  2. to provide advice, guidance and services to help ensure the protection of electronic information and of information infrastructures of importance to the Government of Canada; and
  3. to provide technical and operational assistance to federal law enforcement and security agencies in the performance of their lawful duties.

Protection of Canadians

(2) Activities carried out under paragraphs (1)(a) and (b)

  1. shall not be directed at Canadians or any person in Canada; and
  2. shall be subject to measures to protect the privacy of Canadians in the use and retention of intercepted information.

Limitations imposed by law

(3) Activities carried out under paragraph (1)(c) are subject to any limitations imposed by law on federal law enforcement and security agencies in the performance of their duties.

Ministerial authorization

273.65 (1) The Minister may, for the sole purpose of obtaining foreign intelligence, authorize the Communications Security Establishment Canada in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

Conditions for authorization

(2) The Minister may only issue an authorization under subsection (1) if satisfied that

  1. the interception will be directed at foreign entities located outside Canada;
  2. the information to be obtained could not reasonably be obtained by other means;
  3. the expected foreign intelligence value of the information that would be derived from the interception justifies it; and
  4. satisfactory measures are in place to protect the privacy of Canadians and to ensure that private communications will only be used or retained if they are essential to international affairs, defence or security.

Ministerial authorization

(3) The Minister may, for the sole purpose of protecting the computer systems or networks of the Government of Canada from mischief, unauthorized use or interference, in the circumstances specified in paragraph 184(2)(c) of the Criminal Code, authorize the Communications Security Establishment Canada in writing to intercept private communications in relation to an activity or class of activities specified in the authorization.

Conditions for authorization

(4) The Minister may only issue an authorization under subsection (3) if satisfied that

  1. the interception is necessary to identify, isolate or prevent harm to Government of Canada computer systems or networks;
  2. the information to be obtained could not reasonably be obtained by other means;
  3. the consent of persons whose private communications may be intercepted cannot reasonably be obtained;
  4. satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent harm to Government of Canada computer systems or networks will be used or retained; and
  5. satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information.

Ministerial conditions

(5) An authorization made under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information derived from the private communications.

National Defence Act

http://laws.justice.gc.ca/en/N-5/

Privacy Act

http://laws.justice.gc.ca/en/P-21/index.html