Mandate of the Communications Security Establishment Canada

The Anti-Terrorism Act came into effect in December 2001, adding Part V.1 of the National Defence Act, and setting out CSEC's three-part mandate:

Part (a) authorizes CSEC to collect foreign intelligence in accordance with the Government of Canada's intelligence priorities;

Part (b) authorizes CSEC to help protect electronic information and information infrastructures of importance to the Government of Canada; and 

Part (c) authorizes CSEC to provide technical and operational help to federal law enforcement and security agencies, including obtaining and understanding communications collected under those agencies' own authorities.  

The activities listed under parts (a) and (b) of CSEC's mandate are subject to three legislative limitations aimed at protecting Canadians' privacy:

1. CSEC is prohibited by law from directing its activities at Canadians – wherever they might be in the world – or at any person in Canada;
2. In conducting foreign intelligence or information technology security activities, CSEC may unintentionally intercept a one-end Canadian communication which is a private communication as defined by the Criminal Code. CSEC may use and retain this information only if it is essential to either international affairs, defence or security, or to identify, isolate or prevent harm to Government computer systems or networks; and
3. To provide a formal framework for the unintentional interception of private communications, the National Defence Act requires express authorization by the Minister of National Defence once he or she is satisfied that specific conditions provided for in the National Defence Act have been met. These are known as ministerial authorizations.

In providing assistance under part (c) of its mandate, CSEC is subject to the same laws and limitations that govern the agencies it is assisting.

Annex A contains text of relevant sections of the National Defence Act relating to the role and mandate of CSEC.