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Review of Departmental Implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act for 2024: Notification Letter

Review of Departmental Implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act for 2024


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Ministers,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of departmental implementation of the Avoiding Complicity in Mistreatment by Foreign Entities Act (ACA) for 2024.

This review is being conducted pursuant to paragraph subsection 8(2.2) and paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.  

We would also like to take this opportunity to remind you of the reporting requirements set out in the ACA: subsection 7(1) requires that deputy heads submit a report in respect of the implementation of ACA directions during the previous calendar year to the appropriate Minister before March 1; and subsection 8(1) requires that, as soon as feasible after receiving a report under section 7, the appropriate Minister provide a copy of it to NSIRA, the National Security and Intelligence Committee of Parliamentarians, and, if applicable, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police.

We request that these records be provided to the attention of The Honourable Marie Deschamps, NSIRA’s Chair, via the NSIRA Leadership Mailbox (leadership@nsira-ossnr.gc.ca) or CTSN.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Canadian Security Intelligence Service’s Online Investigative Activities: Notification Letter

Canadian Security Intelligence Service’s Online Investigative Activities


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister LeBlanc,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of CSIS’s Internet Activities.

This review is being conducted pursuant to paragraph 8(1)(a) and (b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

NSIRA will review the Service’s internet activities pursuant to section 12 of the CSIS Act. This review will focus on the governance mechanisms in place, and whether the activities conducted are lawful, reasonable, and necessary. To inform its review, NSIRA will examine a broad sample of online activities conducted by the Service.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Canada Border Services Agency Enforcement Flags: Notification Letter

Canada Border Services Agency Enforcement Flags


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister Blair,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Canada Border Services Agency’s (CBSA) use of enforcement flags.

This review is being conducted pursuant to paragraph 8(1)(a) and (b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of Cabinet confidences.

Enforcement flags are intelligence products designed to identify a person, business, or conveyance that may pose a threat to the safety, security, or economic prosperity of Canadians at the border. This review will assess whether the CBSA’s use of enforcement flags is lawful, reasonable, and necessary – including in situations where flags are issued by, or on behalf of, the Canadian Security Intelligence Service and the Royal Canadian Mounted Police. For the purpose of this review, enforcement flags include, but are not limited to, CBSA’s lookouts.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Communications Security Establishment’s Industry Partnerships: Notification Letter

Communications Security Establishment’s Industry Partnerships


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister Blair,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Communications Security Establishment’s (CSE) Industry Partnerships.

This review is being conducted pursuant to paragraph 8(1)(a) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

NSIRA will review CSE’s industry partnerships for compliance with the law, as well as the reasonableness and necessity of any associated activities.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Annual Review of Select Communications Security Establishment Activities (2024): Notification Letter

Annual Review of Select Communications Security Establishment Activities (2024)


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Ms. Xavier,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated its Annual Review of CSE Activities (ARCA) for 2024.

This review is being conducted pursuant to paragraph 8(1)(a) of the National Security and Intelligence Review Agency Act (NSIRA Act) and will, in part, inform NSIRA’s annual report to the Minister of National Defence a requirement of section 33 of the NSIRA Act.

This review will include information related to CSE’s compliance with the law and ministerial direction, as well as the reasonableness and necessity of CSE’s exercise of its powers. In addition to the annual report to the Minister, this review may identify emerging issues and inform NSIRA’s review planning.

The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

The NSIRA review team conducting this review has been identified in the cover email to this letter; they should serve as your officials’ primary point of contact at NSIRA regarding this review. NSIRA’s review team will be in regular contact with CSE’s External Review team with requests for information. These may include requests for documents, system access, written explanations, briefings, interviews, surveys, and other information NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems.

I thank you in advance for your cooperation and support to the independent review process, which is key to the transparency and accountability we provide to Canadians on behalf of the Government of Canada.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Annual Review of Select Canadian Security Intelligence Service Activities: Notification Letter

Annual Review of Select Canadian Security Intelligence Service Activities


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Mr. Vigneault,

I am writing on behalf of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated its Annual Compliance Review of CSIS Activities (ARCA) for 2024.

The ARCA will examine information relating to CSIS’ compliance with the law and ministerial directions, as well as the reasonableness and necessity of CSIS activities. Furthermore, information gleaned from ARCA will inform NSIRA’s classified annual report to the Minister of Public Safety, a requirement under subsection 32(1) and (2) of the NSIRA Act.

This review is being conducted pursuant to paragraphs 8(1)(a) of the NSIRA Act. The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, except for cabinet confidences. This includes a right to receive any documents and explanations NSIRA deems necessary for the exercise of its powers and the performance of its duties and functions.

The NSIRA review team conducting this review has been identified in the cover email to this letter; they should serve as your officials’ primary point of contact at NSIRA regarding this review. Please ensure that the relevant points of contact within your organization are identified to NSIRA’s review team in the coming days. As the review progresses, NSIRA’s review team will be in regular contact with them regarding requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance. NSIRA reviews may also include independent inspections of technical systems. NSIRA’s “Expectations for Responsiveness in Reviews” are available on our website, www.nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

John Davies
Executive Director, National Security and Intelligence Review Agency Secretariat

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Communications Security Establishment’s Signals intelligence Data Retention (2023): Notification Letter

Communications Security Establishment’s Signals intelligence Data Retention (2023)


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Chief Xavier,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Communications Security Establishment’s (CSE) retention of SIGINT data pursuant to section 16 of the CSE Act.

This review intends to assess CSE’s compliance with law, ministerial authorization and policy. It will evaluate the reasonableness, necessity, and efficacy of CSE’s SIGINT data retention.

This review is being conducted pursuant to paragraph 8(1)(a) of the NSIRA Act. The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

The NSIRA review team conducting this review has been identified in the cover email to this letter; they should serve as your officials’ primary point of contact at NSIRA regarding this review. Please ensure that the relevant points of contact within your organization are identified to NSIRA’s review team in the coming days. As the review progresses, NSIRA’s review team will be in regular contact with them regarding requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance. NSIRA reviews may also include independent inspections of technical systems. NSIRA’s “Expectations for Responsiveness in Reviews” are available on our website, www.nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

John Davies
Executive Director, National Security and Intelligence Review Agency Secretariat

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Canadian Security Intelligence Service Justification Framework (2024): Notification Letter

Canadian Security Intelligence Service Justification Framework (2024)


Notification Letter

Date of Publishing:

NSIRA’s Letter to the Minister

Dear Minister LeBlanc,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Canadian Security Intelligence Service’s (CSIS) Justification Framework.

This review is being conducted pursuant to paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

This review will assess the extent to which the CSIS Justification Framework complies with the law and is reasonable and necessary. It will explore the lifecycle of the Framework including its use by CSIS to support its intelligence and information collection mandate; the suitability of relevant mechanisms for accountability, such as CSIS’ internal policy, guidance, and training; and the Department of Public Safety’s role in supporting the annual determination of the classes of acts or omissions, and the designation of employees and senior employees who will carry out operations under the Framework. The findings and recommendations made during this review may also help to inform Parliament’s expected examination of the National Security Act, 2017.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira-ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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Royal Canadian Mounted Police’s National Security Criminal Investigations: Notification Letter

Royal Canadian Mounted Police’s National Security Criminal Investigations


Notification Letter

Date of Publishing:

NSIRA’s Notification Letter

Dear Minister LeBlanc,

I am writing on behalf of the Members of the National Security and Intelligence Review Agency (NSIRA) to inform you that NSIRA has initiated a review of the Royal Canadian Mounted Police’s (RCMP) National Security Criminal Investigations.

This review is being conducted pursuant to paragraph 8(1)(b) of the National Security and Intelligence Review Agency Act (NSIRA Act). The NSIRA Act grants NSIRA full and timely access to all information held by reviewed departments and agencies, including classified and privileged information, with the exception of cabinet confidences.

NSIRA will review the RCMP’s national security program activities as they relate to national security criminal investigations. NSIRA expects to review the techniques used by the RCMP to investigate national security matters and how the RCMP establishes reasonable grounds to investigate. This will include a review of the RCMP’s decision-making and information sharing practices, as well as the policies and procedures utilized in the deconfliction with partners, particularly with Canadian Security Intelligence Service (CSIS). The review will assess the reasonableness, necessity, and efficacy of the RCMP’s exercise of its mandate in this area.

NSIRA will engage with your officials regarding this review. As the review progresses, NSIRA’s review team will be in regular contact with them with requests for information. Such requests may involve documents, system access, written explanations, briefings, interviews, surveys, and any other information that NSIRA determines to be of relevance to this review. This review may also include independent inspections of some technical systems. NSIRA’s expectations for responsiveness are available online at https://nsira- ossnr.gc.ca.

I thank you in advance for your cooperation and support to the independent review process, which is key to transparency and democratic accountability.

Sincerely,

The Honourable Marie Deschamps, C.C.
Chair, National Security and Intelligence Review Agency

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