Yes, the CSIS Act, in its present form, indicates that the government or CSIS needs to obtain a warrant where there are reasonable grounds to believe that such a thing is necessary, which is essentially coded language for saying where there's a charter interest in play under section 8 or to immunize and intercept what would otherwise be a crime under part VI of the Criminal Code.
The problem is that this implicit trigger and its application outside of the country is unclear because we don't know when the charter will reach outside of the country. In fact, we have a Supreme Court case called R. v. Hape suggesting that many forms of police investigations, and presumably also CSIS investigations, don't trigger the same charter implications when they take place outside of the country.
If I were now left to ponder this provision, and I was asking when I need to go to Federal Court in order to obtain a warrant, I'd have to puzzle through that, and it wouldn't necessarily be very clear.
As I noted—I had some proposed language or sample language—I was proposing that there be an emphatic instruction inserted in the bill indicating when this foreign surveillance warrant would be required. As CSIS, when would you be obliged to go to court to get it?