Mandate

The Intelligence Commissioner's (IC) mandate is to approve — or not approve — certain national security and
intelligence activities planned by the Communications Security Establishment (CSE) and the Canadian Security
Intelligence Service (CSIS).

In the interest of national security and intelligence collection, these agencies may sometimes engage in activities
that could involve breaking the laws of Canada or another country, or interfere with the privacy interests of Canadians.
Any activities of this kind must first be authorized in writing by the minister responsible for the agency involved or, in
some cases, by the Director of CSIS. The ministerial authorization must include the conclusions – effectively the reasons –
supporting the activities that are being authorized.

The IC reviews the conclusions given for authorizing the activities to determine whether they meet the test of
“reasonableness”as recognized by Canadian courts. If so, the IC approves the ministerial authorization, and the agency
can proceed with the planned activities. The activities cannot take place without approval from the IC.

In conducting independent oversight of governmental decisions, the IC plays a central role in assuring effective governance
of national security and intelligence activities in Canada – the IC holds the government accountable by ensuring that the
Minister or Director appropriately balance national security and intelligence objectives with respect for the rule of law and
privacy interests.

The IC's function is quasi-judicial in nature — reviewing and analysing ministerial authorizations, applying legal tests to the
facts, and writing decisions that are binding on CSE and CSIS. All decisions are published on the Office of the Intelligence
Commissioner (ICO) website.

The activities that require approval by the IC are set out in the Intelligence Commissioner Act (IC Act), the Communications
Security Establishment Act (CSE Act) and the Canadian Security Intelligence Service Act (CSIS Act).

In the case of CSE, IC approval is required for ministerial authorizations related to:

1. Foreign Intelligence activities
2. Cybersecurity activities

CSIS requires IC approval for ministerial authorizations related to:

1. Classes of Canadian datasets
2. Retention of a foreign dataset
3. Querying a Canadian or foreign dataset in exigent circumstances
4. Classes of acts or omissions that would otherwise constitute offences