The Privacy Act (PA) gives individuals the right of access to information about themselves that is under the control of a government institution, subject to certain specific and limited exemptions and exclusions. The PA also protects the privacy of individuals by giving them substantial control over the collection, use and disclosure of their personal information, and by preventing others from having access to that information.
Section 72 of the PA requires the head of each government institution to prepare an annual report on the administration of the PA within the institution that is to be tabled in both Houses of Parliament.
This report to Parliament, which is prepared and tabled pursuant to section 72 of the PA, describes the activities of the National Security and Intelligence Review Agency Secretariat in administering the PA during the period of April 1, 2023 to March 31, 2024 (the reporting period).
If you require more information or wish to make a request under the PA or the Access to Information Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency Secretariat P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who We Are
Established in July 2019, the National Security and Intelligence Review Agency (NSIRA) is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat (the Secretariat) assists NSIRA in fulfilling its mandate. The Secretariat headed by an Executive Director, is designated as the government institution for the purposes of administering the PA and the Access to Information Act.
Mandate
The Secretariat supports NSIRA in its dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matter that a Minister of the Crown refers to NSIRA.
NSIRA’s reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, as well as whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is also responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act;
reports made under section 19 of the Citizenship Act; and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office – Organizational Structure
The Secretariat’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the Secretariat meets its responsibilities under the PA and the Access to Information Act.
For the reporting period, the Secretariat’s ATIP Office consisted of:
1 full-time Access to Information Consultant;
1 part-time Privacy Consultant;
1 full-time ATIP Coordinator, who managed the Secretariat’s ATIP Office, and fulfilled the normal duties as Manager of Administrative Services for the Secretariat and NSIRA Members; and
the Secretariat’s Senior Counsel, Internal Services as well as Senior General Counsel supported the ATIP office when required.
The Secretariat’s ATIP Office is responsible for the following:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the PA and the Access to Information Act;
developing and maintaining policies, procedures, and guidelines to ensure that the Secretariat respects the PA and the Access to Information Act;
maintaining Personal Information Banks and conducting privacy impact assessments;
preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
representing the Secretariat in dealings with the Treasury Board of Canada Secretariat (TBS), the information and privacy commissioners, and other government departments and agencies in matters pertaining to the PA and the Access to Information Act.
During the reporting period, the Secretariat was a party to a service agreement under section 73.1 of the PA in which the Secretariat received administrative support from the Privy Council Office related to the tabling of the annual report in Parliament. The Secretariat was also a party to a service agreement under section 71.1 of the PA in which the Secretariat received ATIP Online services from TBS.
To assist the Secretariat’s ATIP Office in meeting its overall legislative obligations, the Secretariat relied on a collaborative internal group of subject matter experts from all divisions.
Delegation Order
As the Head of the Secretariat, the Executive Director is responsible for the administration of the PA within the institution. Pursuant to section 73 of the PA, the Executive Director has delegated the ATIP Manager and ATIP Officer, as well as individuals acting in these positions, to perform certain and specific powers, duties, and functions for the administration of the PA. These positions have limited delegation of authority under the PA and the Access to Information Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The Delegation Order can be found in Appendix A (page 9).
Performance 2023-2024
Performance in Processing Privacy Requests
In addition to 5 requests that were outstanding from the previous reporting periods, the Secretariat’s ATIP Office received 22 formal requests during the current reporting period, bringing the total number of formal request to 27. Of these, the Secretariat’s ATIP Office closed 25 requests and processed approximately 4843 pages during the reporting period. 2 requests were carried over to the following reporting period.
Statistical Reports for 2023-2024
The Secretariat’s 2023-2024 Statistical Report on the PA and Supplemental ATIP Statistical Report for 2023-2024 were both previously validated by TBS.
Extensions and Completion Time of Closed Requests
During the reporting period, the Secretariat’s ATIP Office invoked extensions while processing 2 formal requests: 1 extension was completed within of 16 to 30 days, and 1 request was taken to seek an internal consultation. Both did not require extensions to consult with third parties.
Of the requests completed during the reporting period:
1 request, or 4% of the requests completed, was disclosed in its entirety. This request was completed within 16 to 30 days;
1 request, or 4% of the requests completed, was disclosed in part. This request was completed within 121 to 180 days;
16 requests, or 64% of the requests completed, resulted in no records. 1 request was completed within 0 to 15 days, 6 requests were completed within 16 to 30 days, 6 requests were completed within 31 to 60 days, and 3 requests were completed within 61 to 120 days;
1 request, or 4% of the requests completed, was abandoned and completed; and
6 requests, or 24% of the requests completed, were neither confirmed nor denied.
The Secretariat’s responses to many requests required an intensive review of complex records, including extensive internal and external consultations. During the reporting period, the Secretariat’s on-time response rate decreased to 56% from 58.3% in the 2022-2023 reporting period due to a significant increase in the number of pages processed for formal requests.
Consultations
During the reporting period, no privacy consultations were received.
Complaints and Investigations
Subsection 29(1) of the PA describes how the Office of the Privacy Commissioner (OPC) receives and investigates complaints from individuals regarding the processing of requests under the PA. During the reporting period, the Secretariat’s ATIP Office received 16 complaints, 2 of which were related to Access requests.
In addition, 1 privacy breach-related investigation initiated by the Privacy Commissioner in Fiscal Year 2020-2021 continued during the reporting period and remained active on March 31, 2024.
Training and Awareness
The Secretariat took a customized approach to training subject matter experts on their legislative requirements, roles, and responsibilities. The Secretariat’s ATIP Office encouraged employees to take the ATIP training courses offered by the Canada School of Public Service (CSPS). New employees were required to complete an online training session entitled Fundamentals of Access to Information and Privacy within six months of joining the Secretariat and in January 2024, an internal ATIP training session was held.
To ensure in-depth training is taken by employees of the NSIRA Secretariat who have functional or delegated responsibility for the administration of the PAand Privacy Regulations, the Senior Counsel, Internal Services participated in the 2023 Canadian Privacy Symposium offered by the International Association of Privacy Professionals. In addition, the ATIP Manager attended the 2023 Canadian Access and Privacy Association Conference as well as the 26th Annual Vancouver International Privacy & Security Summit.
Policies, Guidelines, and Procedures
During the reporting period, the Secretariat implemented several initiatives to assist the Secretariat’s ATIP Office to operate more efficiently. For example, the Secretariat revised its Privacy Breach Plan and Procures Manual, revised its Privacy Protocol Template, and established a Privacy Risk Register.
Initiatives and Projects to Improve Privacy
During the reporting period, the Secretariat’s Information Technology division continued to develop an ATIP software tool for the Secretariat’s classified and unclassified systems.
Summary of Key Issues and Actions Taken on Complaints
The Secretariat meaningfully engaged with the OPC on all 16 active investigations during the reporting period and disclosed additional records in 1 of the 2 Access related complaints.
Material Privacy Breaches
During the reporting period, no material privacy breaches occurred.
Privacy Impact Assessments
During the reporting period, the Secretariat completed a Privacy Impact Assessment (PIA) of its investigations-related activities, which was shared with TBS and the OPC. In addition, the Secretariat made further revisions to its PIA on the creation of NSIRA in response to feedback received from TBS and continued to engage with TBS on PIB registration.
Public Interest Disclosures
During the reporting period, no public interest disclosures occurred.
Monitoring Compliance
Legislative deadlines for access requests were strictly monitored by using several Microsoft Lists trackers. The ATIP Manager organized ad hoc meetings to discuss request-related activities (such as whether internal consultations were necessary), determine deadlines, and ensure that all division members were informed of the status of requests. At bi-weekly team meetings with the Senior General Counsel and Senior Counsel, Internal Services, the ATIP Manager raised and discussed compliance with legislative and policy obligations. The Executive Director was also briefed on all ATIP compliance issues.
For contracts issued during the reporting period, the Secretariat included a Standard Procurement Clause on the Handling of Personal Information or a Supplemental General Condition on Personal Information from Public Services and Procurement Canada’s Standard Acquisition Clauses and Conditions Manual.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2023–2024 Statistical Report on the Privacy Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2022-04-01 – 2023-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
22
Outstanding from previous reporting period
5
Outstanding from more than one reporting period
0
Total
27
Closed during reporting period
25
Carried over to next reporting period
2
Carried over within legislated timeline
2
Carried over beyond legislated timeline
0
1.2 Channels of requests
Source
Number of Requests
Online
22
E-mail
0
Mail
0
In person
0
Phone
0
Fax
0
Total
22
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
1
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
1
Closed during reporting period
0
Carried over to next reporting period
1
2.2 Channels of informal requests
Source
Number of Requests
Online
0
E-Mail
1
Mail
0
In person
0
Phone
0
Fax
0
Total
1
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
0
0
0
0
0
0
0
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
0
0
0
0
0
0
0
0
0
0
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
1
0
0
0
0
0
1
Disclosed in part
0
0
0
0
1
0
0
1
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
1
6
6
3
0
0
0
16
Request abandoned
1
0
0
0
0
0
0
1
Neither confirmed nor denied
0
4
1
0
1
0
0
6
Total
2
11
7
3
2
0
0
25
3.2 Exemptions
Section
Numbers of Requests
18(2)
0
19(1)(a)
0
19(1)(b)
0
19(1)(c)
0
19(1)(d)
0
19(1)(e)
0
19(1)(f)
0
20
0
21
0
22(1)(a)(i)
0
22(1)(a)(ii)
0
22(1)(a)(iii)
0
22(1)(b)
0
22(1)(c)
0
22(2)
0
22.1
0
22.2
0
22.3
0
22.4
0
23(a)
0
23(b)
0
24(a)
0
24(b)
0
25
0
26
1
27
1
27.1
0
28
0
3.3 Exclusions
Section
Numbers of Requests
69(1)(a)
0
69(1)(b)
0
69.1
0
70(1)
0
70(1)(a)
0
70(1(b)
0
70(1)(c)
0
70(1)(d)
0
70(1)(e)
0
70(1)(f)
0
70.1
0
3.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
0
2
0
0
0
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
4843
4843
9
3.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
1
0
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
1
4843
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
1
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
6
0
0
0
0
0
0
0
0
0
Total
8
0
0
0
0
0
1
4843
0
0
3.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.7 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
0
1
0
0
1
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
0
1
0
0
1
3.6 Closed requests
3.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
14
Percentage of requests closed within legislated timelines (%)
56
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
11
10
0
1
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
4
0
4
16 to 30 Days
2
0
2
31 to 60 Days
2
0
2
61 to 120 Days
1
1
2
121 to 180 Days
0
1
1
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
9
2
11
3.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e)
Paragraph 8(2)(m)
Subsection 8(5)
Total
0
0
0
0
Section 5: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received
Number
Notations attached
0
Requests for correction accepted
0
Total
0
Section 6: Extensions
6.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
2
0
1
0
0
0
0
1
0
6.2 Length of extensions
Length of Extensions
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
1 to 15 days
0
0
0
0
0
0
0
0
16 to 30 days
0
1
0
0
0
0
1
0
31 days or greater
0
Total
0
1
0
0
0
0
1
0
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
0
0
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
0
0
0
0
Closed during the reporting period
0
0
0
0
Carried over within regotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Complaints and Investigations Notices Received
Section 31
Section 33
Section 35
Court action
Total
3
10
3
0
16
Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBS)
10.1 Privacy Impact Assessments
Number of PIA(s) completed
Number of PIAs modified
1
1
10.2 Institution-specific and Central Personal Information Banks
Personal Information Banks
Active
Created
Terminated
Modified
Institution-specific
0
0
0
0
Central
0
0
0
0
Total
0
0
0
0
Section 11: Privacy Breaches
11.1 Material Privacy Breaches reported
Number of material privacy breaches reported to TBS
Number of material privacy breaches reported to OPC
0
0
11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches
0
Section 12: Resources Related to the Privacy Act
12.1 Allocated Costs
Expenditures
Amount
Salaries
$100,000
Overtime
$0
Goods and Services
$15,475
Professional services contracts
$15,475
Other
$0
Total
$115,475
12.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
1.000
Part-time and casual employees
0.000
Regional Staff
0.000
Consultants and agency personnel
0.300
Students
0.500
Total
1.800
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Open Requests and Complaints Under the Access to Information Act
1.1 Enter the number of open requests that are outstanding from previous reporting periods.
Number of weeks
Able to receive requests by mail
52
Able to receive requests by email
52
Able to receive requests through the digital request service
52
1.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints Were Received by Institution
Number of Open Complaints
Received in 2023-24
0
Received in 2022-23
0
Received in 2021-22
0
Received in 2020-21
0
Received in 2019-21
0
Received in 2018-19
0
Received in 2017-18
0
Received in 2016-17
0
Received in 2015-26
0
Received in 2014-15 or earlier
0
Section 2: Open Requests and Complaints Under the Privacy Act
2.1 Enter the number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Complaints Were Received by Institution
Open Requests that are Within Legislated Timelines as of March 31, 2024
Open Requests that are Beyond Legislated Timelines as of March 31, 2024
Total
Received in 2023-24
2
0
2
Received in 2022-23
0
0
0
Received in 2021-22
0
0
0
Received in 2020-21
0
0
0
Received in 2019-21
0
0
0
Received in 2018-19
0
0
0
Received in 2017-18
0
0
0
Received in 2016-17
0
0
0
Received in 2015-26
0
0
0
Received in 2014-15 or earlier
0
0
0
Total
2
0
2
2.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods.
Fiscal Year Open Complaints Were Received by Institution
Number of Open Complaints
Received in 2023-24
0
Received in 2022-23
7
Received in 2021-22
0
Received in 2020-21
0
Received in 2019-21
0
Received in 2018-19
0
Received in 2017-18
0
Received in 2016-17
0
Received in 2015-26
0
Received in 2014-15 or earlier
0
Total
7
Section 3: Social Insurance Number
Has your institution begun a new collection or a new consistent use of the SIN in 2023-24
No
Section 4: Universal Access under the Privacy Act
How many requests were received from foreign nationals outside of Canada in 2023-24
The Access to Information Act (ATIA) gives Canadian citizens and permanent residents, as well as any person or corporation present in Canada, the right of access to information under the control of a government institution, subject to certain specific and limited exemptions and exclusions.
Section 94 of the ATIA requires the head of each government institution to prepare an annual report on the administration of the ATIA within the institution that is to be tabled in both Houses of Parliament. In addition, section 20 of the Service Fees Act requires the responsible authority to report to Parliament each fiscal year on all statutory fees processed during the reporting period.
This report to Parliament, which is prepared and tabled pursuant to section 94 of the ATIA and section 20 of the Service Fees Act, describes the activities of the National Security and Intelligence Review Agency Secretariat in administering these Acts during the period of April 1, 2023 to March 31, 2024 (the reporting period).
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who we are
Established in July 2019, the National Security and Intelligence Review Agency (NSIRA) is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat (the Secretariat) assists NSIRA in fulfilling its mandate. The Secretariat headed by an Executive Director, is designated as the government institution for the purposes of administering the ATIA and the Privacy Act.
Mandate
The Secretariat supports NSIRA in its dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matter that a Minister of the Crown refers to NSIRA.
NSIRA’s reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, as well as whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is also responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
reports made under section 19 of the Citizenship Act, and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office – Organizational Structure
The Secretariat’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the Secretariat meets its responsibilities under the ATIA and the Privacy Act.
For the reporting period, the Secretariat’s ATIP Office consisted of:
1 full-time Access to Information Consultant;
1 part-time Privacy Consultant;
1 full-time ATIP Coordinator, who managed the Secretariat’s ATIP Office, and fulfilled the normal duties as Manager of Administrative Services for the Secretariat and NSIRA Members; and
the Secretariat’s Senior Counsel, Internal Services as well as Senior General Counsel supported the Secretariat’s ATIP Office when required.
The Secretariat’s ATIP Office is responsible for the following:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the ATIA and the Privacy Act;
developing and maintaining policies, procedures, and guidelines to ensure that the Secretariat respects the ATIA and the Privacy Act;
maintaining Personal Information Banks and conducting privacy impact assessments;
preparing annual reports to Parliament and other statutory reports, as well as other materials that might be required by central agencies; and
representing the Secretariat in dealings with the Treasury Board of Canada Secretariat (TBS), the information and privacy commissioners, and other government departments and agencies in matters pertaining to the ATIA and the Privacy Act.
During the reporting period, the Secretariat was a party to a service agreement under section 96 of the ATIA in which the Secretariat received administrative support from the Privy Council Office related to the tabling of the Annual Report in Parliament. The Secretariat was also a party to a service agreement under section 92 of the ATIA, in which the Secretariat received ATIP Online services from TBS.
Part 2: Proactive Publications
The Secretariat ensured that the following proactive publication legislative requirements were met during the reporting period with the assistance of its Finance division:
travel expenses;
hospitality expenses;
reports tabled in Parliament; and
contracts over $10,000.00
To assist the Secretariat’s ATIP Office in meeting its overall legislative obligations, the Secretariat relied on a collaborative internal group of subject matter experts from all divisions.
Delegation Order
As the Head of the Secretariat, the Executive Director is responsible for the administration of the ATIA within the institution. Pursuant to section 95 of the ATIA, the Executive Director has delegated the ATIP Manager and ATIP Officer, as well as individuals acting in these positions, to perform certain and specific powers, duties, and functions for the administration of the ATIA. These positions have limited delegation of authority under the ATIA and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The Delegation Order can be found in Appendix A (page 13).
Performance 2023-2024
Performance in Processing Access Requests
In addition to 5 requests that were outstanding from previous reporting periods, the Secretariat’s ATIP Office received 16 formal requests during the current reporting period, bringing the total number of formal requests to 21. Of these, the Secretariat’s ATIP Office closed 16 requests and processed approximately 15,323 pages during the reporting period. 5 requests were carried over to the following reporting period, 3 of the carried over requests were received during the reporting period.
Statistical Reports for 2023-2024
The Secretariat’s 2023-2024 Statistical Report on the ATIA and Supplemental ATIP Statistical Report for 2023-2024 were both previously validated by TBS.
Extensions and Completion Time of Closed Requests
During the reporting period, the Secretariat’s ATIP Office invoked extensions while processing 7 formal requests: 5 extensions of 31 to 60 days, 0 extensions of 61 to 120 days, 1 extension of 121 to 180 days, 0 extensions of 181 to 365 days, and 1 extension of 365 days or more, all of which required extensions to consult with third parties.
Of the requests completed during the reporting period,
1 request, or 6.25% of the requests completed, was disclosed in its entirety. This request was completed within 181 to 365 days;
5 requests, or 31.25% of the requests completed, were disclosed in part. 1 request was completed within 16 to 30 days, 1 request was completed within 61 to 120 days, 1 request was completed within 121 to 180 days, and 2 requests were completed after 365 days;
0 requests, or 0% of the requests completed, were all exempted;
10 requests, or 62.50% of the requests completed, resulted in no records. 1 request was completed within 16 to 30 days, 2 request were completed within 31 to 60 days, and 7 requests were completed within 61 to 120 days;
0 requests, or 0% of the requests completed, were abandoned and completed; and
0 requests, or 0% of the requests completed, were neither confirmed nor denied.
The responses to many requests required an intensive review of complex records, including extensive internal and external consultations due to a significant portion of the Secretariat’s information holdings consisting of sensitive and classified records created or originally received by other government institutions owing to NSIRA’s mandate. During the reporting period, the Secretariat’s on-time response rate decreased to 18.7% from 33.3% in the 2022-2023 reporting year due to a significant increase in the number of pages processed for formal requests.
Consultations
During the reporting period, the Secretariat’s ATIP Office received 20 consultation requests from other government institutions. 3 requests were completed within 0 to 15 days, 3 requests were completed within 16 to 30 days, 5 requests were completed within 31 to 60 days, 8 requests were completed within 61 to 120 days, and 1 request was completed within 121 to 180 days. The Secretariat’s ATIP Office closed all 20 consultations during the reporting period and processed approximately 549 pages.
Requests Treated Informally
During the reporting period, the Secretariat’s ATIP Office received 18 informal requests for records previously released under the ATIA, closed 6 informal requests, and carried over 12 informal requests into the 2024-2025 reporting period.
Complaints and Investigations of Access Requests
Subsection 30(1) of the ATIA describes how the Office of the Information Commissioner (OIC) receives and investigates complaints from individuals regarding the processing of requests under the ATIA. The Secretariat’s ATIP Office received 3 access complaints during the reporting period. 1 of these complaints was discontinued during the reporting period, while the other 2 complaints remained active on March 31, 2024.
Training and Awareness
The Secretariat took a customized approach to training subject matter experts on their legislative requirements, roles, and responsibilities. The Secretariat’s ATIP Office encouraged employees to take the ATIP training courses offered by the Canada School of Public Service (CSPS). The Executive Director held an awareness session for the Secretariat’s management team on the new Directive on Proactive Publication in the Fall of 2023 and senior management was briefed on Amending the Access to Information Regulations in June 2023. In addition, new employees were required to complete an online training session entitled Fundamentals of Access to Information and Privacy within six months of joining the Secretariat and in January 2024, an internal ATIP training session was held.
Policies, Guidelines, and Procedures
The Secretariat’s ATIP Office implemented certain efficiency-enhancing measures, such as online tracking tools, and continued to seek new opportunities to improve the efficiency and timeliness of request processing. For example, the Executive Director designated two officials within the Secretariat who were responsible for supporting the Executive Director’s accountability for proactive publication under various policies and guidelines specified under the ATIA.
The Secretariat continued to engaged with Library and Archives Canada on obtaining institution-specific disposition authorities.
Proactive Publication under Part 2 of the ATIA
In accordance with subsection 81(b) of the ATIA, the Secretariat is listed as a government entity subject to the following proactive publication requirements:
Travel expenses (section 82);
Hospitality expenses (section 83);
Reports tabled in Parliament (section 84);
Contracts over $10,000.00 (section 86);
Grants and Contributions over $25,000.00 (section 87); and
Briefing materials (section 88)
During the reporting period, the Secretariat’s proactive publications were published on open.canada.ca. of the total proactive publication requirements that were due during the reporting period, 80% were published within the legislated timelines.
Legislative Requirement
Section
Publication Timeline
Institutional Requirement
All Government Institutions as defined in section 3 of the Access to Information Act
Travel Expenses
82
Within 30 days after the end of the month of reimbursement
open.canada.ca
Hospitality Expenses
83
Within 30 days after the end of the month of reimbursement
open.canada.ca
Reports tabled in Parliament
84
Within 30 days after tabling
open.canada.ca
Government entities or Departments, agencies, and other bodies subject to the Act and listed in Schedules I, I.1, or II of the Financial Administration Act
Contracts over $10,000
86
Q1-3: Within 30 days after the quarter Q4: Within 60 days after the quarter
open.canada.ca
Grants & Contributions over $25,000
87
Within 30 days after the quarter
N/A
Packages of briefing materials prepared for new or incoming deputy heads or equivalent
88(a)
Within 120 days after appointment
N/A
Titles and reference numbers of memoranda prepared for a deputy head or equivalent, that is received by their office
88(b)
Within 30 days after the end of the month received
N/A
Packages of briefing materials prepared for a deputy head or equivalent’s appearance before a committee of Parliament
88(c)
Within 120 days after appearance
N/A
Government institutions that are departments named in Schedule I to the Financial Administration Act or portions of the core public administration named in Schedule IV to that Act
Reclassification of positions
85
Within 30 days after the quarter
N/A
Ministers
Packages of briefing materials prepared by a government institution for new or incoming ministers
74(a)
Within 120 days after appointment
N/A
Titles and reference numbers of memoranda prepared by a government institution for the minister, that is received by their office
74(b)
Within 30 days after the end of the month received
N/A
Package of question period notes prepared by a government institution for the minister and in use on the last sitting day of the House of Commons in June and December
74(c)
Within 30 days after last sitting day of the House of Commons in June and December
N/A
Packages of briefing materials prepared by a government institution for a minister’s appearance before a committee of Parliament
74(d)
Within 120 days after appearance
N/A
Travel Expenses
75
Within 30 days after the end of the month of reimbursement
N/A
Hospitality Expenses
76
Within 30 days after the end of the month of reimbursement
N/A
Contracts over $10,000
77
Q1-3: Within 30 days after the quarter Q4: Within 60 days after the quarter
N/A
Ministers’ Offices Expenses
78
Within 120 days after the fiscal year
N/A
Initiatives and Projects to Improve Access to Information
During the reporting period, the Secretariat’s Information Technology division continued to improve our ATIP software tool for the Secretariat’s classified and unclassified systems.
Summary of Key Issues and Actions Taken on Complaints
During the reporting period, 3 complaints were received. 1 complaint was discontinued during the reporting period, while the other 2 complaints remained active on March 31, 2024.
Access to Information Act Fees for the Purposes of the Service Fees Act
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the ATIA, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act:
Enabling authority:Access to Information Act
Fee payable: $5.00 application fee is the only fee charged for an ATI request
Total revenue: $65.00
Fees waived: $15.00
Cost of operating the program: $360,421.00
Monitoring Compliance
Legislative deadlines for access to information requests were strictly monitored by using several Microsoft Lists trackers, as were proactive publication requirements. The ATIP Manager organized ad hoc meetings to discuss request-related activities (such as whether internal consultations were necessary), determine deadlines, and ensure that all division members were informed of the status of requests. At bi-weekly team meetings with the Senior General Counsel and Senior Counsel, Internal Services, the ATIP Manager raised and discussed compliance with legislative and policy obligations. The Executive Director was also briefed on all ATIP compliance issues.
During the reporting period, the Secretariat also continued to assess the feasibility of making information previously released under the ATIA available on its public-facing website.
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2023-2024 Statistical Report on the Access to Information Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2023-04-01 – 2024-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
16
Outstanding from previous reporting period
3
Outstanding from more than one reporting period
2
Total
21
Closed during reporting period
16
Carried over to next reporting period
5
Carried over within legislated timeline
3
Carried over beyond legislated timeline
2
1.2 Sources of requests
Source
Number of Requests
Media
2
Academia
3
Business (private sector)
2
Organization
1
Public
8
Decline to Identify
0
Total
16
1.3 Channels of requests
Source
Number of Requests
Online
12
E-mail
0
Mail
4
In person
0
Phone
0
Fax
0
Total
16
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
18
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
18
Closed during reporting period
6
Carried over to next reporting period
12
2.2 Channels of informal requests
Source
Number of Requests
Online
11
E-Mail
7
Mail
0
In person
0
Phone
0
Fax
0
Total
18
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
2
0
4
0
0
0
6
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
2
25
0
0
0
0
0
0
0
0
2.5 Pages re-released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
4
93
0
0
0
0
0
0
0
0
Section 3: Applications to the Information Commissioner on Declining to Act on Requests
Number of Requests
Outstanding from previous reporting period
0
Sent during reporting period
1
Total
1
Approved by the Information Commissioner during reporting period
0
Declined by the Information Commissioner during reporting period
1
Withdrawn during reporting period
0
Carried over to next reporting period
0
Section 4: Requests Closed During the Reporting Period
4.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
1
0
1
Disclosed in part
0
1
0
1
1
0
2
5
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
1
2
7
0
0
0
10
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
0
2
2
8
1
1
2
16
4.2 Exemptions
Section
Numbers of Requests
13(1)(a)
1
13(1)(b)
0
13(1)(c)
0
13(1)(d)
0
13(1)(e)
0
14
0
14(a)
0
14(b)
0
15(1) – I. A. *
1
15(1) – Def. *
2
15(1) – S.A. *
0
16(1)(a)(i)
2
16(1)(a)(ii)
0
16(1)(a)(iii)
1
16(1)(b)
1
16(1)(c)
1
16(1)(d)
0
16(2)
0
16(2)(a)
0
16(2)(b)
0
16(2)(c)
0
16(3)
0
16.1(1)(a)
0
16.1(1)(b)
0
16.1(1)(c)
0
16.1(1)(d)
0
16.2(1)
0
16.3
0
16.31
0
16.4(1)(a)
0
16.4(1)(b)
0
16.5
0
16.6
0
17
0
18(a)
0
18(b)
0
18(c)
0
18(d)
0
18.1(1)(a)
0
18.1(1)(b)
0
18.1(1)(c)
0
18.1(1)(d)
0
19(1)
2
20(1)(a)
0
20(1)(b)
0
20(1)(b.1)
0
20(1)(c)
0
20(1)(d)
0
20.1
0
20.2
0
20.4
0
21(1)(a)
2
21(1)(b)
0
21(1)(c)
0
21(1)(d)
0
22
0
22.1(1)
0
23
3
23.1
0
24(1)
1
26
0
* I.A.: International Affairs * Def.: Defence of Canada * S.A.: Subversive Activities
4.3 Exclusions
Section
Numbers of Requests
68(a)
0
68(b)
0
68(c)
0
68.1
0
68.2(a)
0
68.2(b)
0
69(1)
0
69(1)(a)
0
69(1)(b)
0
69(1)(c)
0
69(1)(d)
0
69(1)(e)
0
69(1)(f)
0
69(1)(g) re (a)
0
69(1)(g) re (b)
0
69(1)(g) re (c)
0
69(1)(g) re (d)
0
69(1)(g) re (e)
0
69(1)(g) re (f)
0
69.1(1)
0
4.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
1
5
0
0
0
0
4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
15323
15323
6
4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
1
40
0
0
0
0
0
0
0
0
Disclosed in part
3
185
1
102
0
0
0
0
0
14966
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Declined to act with the approval of the information Commissioner
0
0
0
0
0
0
0
0
0
0
Total
4
225
1
102
0
0
0
0
1
14996
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.7 Other complexities
Disposition
Consultation Required
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
Disclosed in part
2
4
0
6
All exempted
0
0
0
0
All excluded
0
0
0
0
Request abandoned
0
0
0
0
Neither confirmed nor denied
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
2
4
0
6
4.6 Closed requests
4.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
3
Percentage of requests closed within legislated timelines (%)
18.75
4.7 Deemed refusals
4.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
13
12
1
0
0
4.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
1
0
1
31 to 60 Days
2
5
7
61 to 120 Days
2
0
2
121 to 180 Days
0
1
1
181 to 365 Days
1
0
1
More than 365 Days
0
1
1
Total
6
7
13
4.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 5: Extensions
5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
All disclosed
0
0
0
0
Disclosed in part
3
3
0
0
All exempted
0
0
0
0
All excluded
0
0
0
0
Request abandoned
0
0
0
0
No records exist
0
1
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
3
4
0
0
5.2 Length of extensions
Length of Extensions
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
30 days or less
0
0
0
0
31 to 60 days
3
2
0
0
61 to 120 days
0
0
0
0
121 to 180 days
0
0
0
0
181 to 365 days
0
0
0
0
365 days or more
0
0
0
0
Total
3
4
0
0
Section 6: Fees
Fee Type
Fee Collected
Fee Waived
Fee Refunded
Number of Requests
Amount
Number of Requests
Amount
Number of Requests
Amount
Application
13
$65.00
3
$0.00
0
$0.00
Other fees
0
$0.00
0
$0.00
0
$0.00
Total
13
$65.00
3
$0.00
0
$0.00
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
20
549
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
4
189
0
0
Closed during the reporting period
20
549
0
0
Carried over within negotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
2
1
1
0
0
0
4
Disclose in part
3
1
4
6
1
0
0
15
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
1
0
0
0
1
Other
0
0
0
0
0
0
0
0
Total
3
3
5
8
1
0
0
20
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Investigations and Reports of finding
9.1 Investigations
Section 32 Notice of intention to investigate
Subsection 30(5) Ceased to investigate
Section 35 Formal Representations
2
1
0
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports
Section 37(2) Final Reports
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
0
0
0
2
0
0
Section 10: Court Action
10.1 Court actions on complaints
Section 41
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 – under paragraph 28(1)(b)
0
Section 11: Resources Related to the Access to Information Act
11.1 Allocated Costs
Expenditures
Amount
Salaries
$90,000
Overtime
$0
Goods and Services
$270,421
Professional services contracts
$270,421
Other
$0
Total
$360,421
11.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.000
Part-time and casual employees
1.000
Regional Staff
0.000
Consultants and agency personnel
1.000
Students
0.500
Total
2.500
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Open Requests and Complaints Under the Access to Information Act
1.1 Enter the number of open requests that are outstanding from previous reporting periods
Fiscal Year Open Requests Were Received
Open Requests that are Within Legislated Timelines as March 31, 2024
Open Requests that are Beyond Legislated Timelines as of March 31, 2024
Total
Received in 2023-24
3
0
3
Received in 2022-23
0
1
1
Received in 2021-22
0
0
0
Received in 2020-21
0
1
1
Received in 2019-20
0
0
0
Received in 2018-19
0
0
0
Received in 2017-18
0
0
0
Received in 2016-17
0
0
0
Received in 2015-16
0
0
0
Received in 2014-15 or earlier
0
0
0
Total
3
2
5
1.2 Enter the number of open complaints with the Information Commissioner of Canada that are outstanding from previous reporting periods
Fiscal Year Open Complaints were received by institutions
Number of Open Complaints
Received in 2023-24
0
Received in 2022-23
0
Received in 2021-22
0
Received in 2020-21
0
Received in 2019-20
0
Received in 2018-19
0
Received in 2017-18
0
Received in 2016-17
0
Received in 2015-16
0
Received in 2014-15 or earlier
0
Total
0
Section 2: Open Requests and Complaints Under the Privacy Act
2.1 Number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received
Open Requests that are Within Legislated Timelines as March 31, 2024
Open Requests that are Beyond Legislated Timelines as of March 31, 2024
Total
Received in 2023-24
2
0
2
Received in 2022-23
0
0
0
Received in 2021-22
0
0
0
Received in 2020-21
0
0
0
Received in 2019-20
0
0
0
Received in 2018-19
0
0
0
Received in 2017-18
0
0
0
Received in 2016-17
0
0
0
Received in 2015-16
0
0
0
Received in 2014-15 or earlier
0
0
0
Total
2
0
2
2.2 Enter the number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods
Fiscal Year Open Complaints were received by institutions
Number of Open Complaints
Received in 2023-24
0
Received in 2022-23
7
Received in 2021-22
0
Received in 2020-21
0
Received in 2019-20
0
Received in 2018-19
0
Received in 2017-18
0
Received in 2016-17
0
Received in 2015-16
0
Received in 2014-15 or earlier
0
Total
7
Section 3: Social Insurance Number
Has your institution begun a new collection or a new consistent use of the SIN in 2023-24?
No
How many requests were received from foreign nationals outside of Canada in 2023-24?
The Access to Information Act gives Canadian citizens and permanent residents, as well as any person or corporation present in Canada, a right of access to information contained in government records, subject to certain specific and limited exceptions.
Section 94(1) of the Act requires the head of each government institution to prepare an annual report on the administration of the Act within the institution and to submit the report to Parliament. In addition, section 20 of the Service Fees Act requires institutions to report on all statutory fees processed during the reporting period.
This report to Parliament, which is prepared and tabled in accordance with section 94 of the Access to Information Act and section 20 of the Service Fees Act, describes the activities of the National Security and Intelligence Review Agency (NSIRA) Secretariat in administering these Acts during the period of April 1, 2022 to March 31, 2023.
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who we are
Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat assists NSIRA in fulfilling its mandate. It is the NSIRA Secretariat, headed by an Executive Director, that is the government institution for the purposes of the Access to Information Act and the Privacy Act.
Mandate
NSIRA has a dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.
NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
reports made under section 19 of the Citizenship Act, and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office
NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act.
For the reporting period, the NSIRA ATIP office consisted of:
1 Full-time Access to Information Consultant;
1 Part-time Privacy Consultant; and
1 Full-time ATIP Manager who fulfilled the duties that would normally be carried out by an ATIP Coordinator, as well as managed the ATIP Office, in addition to fulfilling normal duties as Manager of Administrative Services for the Secretariat and Agency Members.
NSIRA Secretariat Corporate Legal Counsel and Senior General Counsel supported the ATIP office on an as required basis.
The ATIP Office is responsible for the following:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the Access to Information Act and the Privacy Act;
developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
maintaining Personal Information Banks and conducting privacy impact assessments.
preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.
The NSIRA Secretariat was a party to a service agreement under section 96 of the Access to Information Act during the reporting period, pursuant to which it received administrative services from the Privy Council Office related to the tabling of the Access to Information Act annual report in Parliament. The NSIRA Secretariat was also a party to a service agreement under section 92 of the Act, pursuant to which it received ATIP Online services from the Treasury Board of Canada Secretariat.
The NSIRA Secretariat ensured that the following proactive publication legislative requirements were met during the reporting period with the assistance of its Finance team:
Travel expenses;
Hospitality expenses;
Reports tabled in Parliament; and
Contracts over $10,000.
To assist the ATIP Office in meeting its overall legislative obligations, the NSIRA Secretariat relied on a collaborative internal group of subject matter points of contact from all its branches.
Delegation Order
The Executive Director, as the Head of the NSIRA Secretariat, is responsible for the administration of the Access to Information Act within the institution. Pursuant to section 95 of the Access to Information Act, the Executive Director has delegated the ATIP Manager and ATIP Officer – as well as persons acting in these positions – to perform powers, duties, and functions for the administration of the Act. These positions have limited delegation of authority under the Act and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The Access to Information Act Delegation Order can be found in Appendix A.
Performance 2022-2023
Performance in Processing Access Requests
During the reporting period, from April 1, 2022 to March 31, 2023, the NSIRA Secretariat received 11 formal requests in addition to 10 requests that were outstanding from previous reporting periods, bringing the total number of requests to 21. Of these, the NSIRA Secretariat closed 15 requests in 2022-23, and 6 were carried over to the next reporting period. Five of the carried-over requests were received during the 2022-23 reporting period, of which two open requests are within the legislated timelines as of March 31, 2023, and four are beyond the legislated timelines, including one request that was received during the 2018-19 reporting period.
Statistical Reports for 2022-2023
The institution’s 2022-2023 Statistical Report on the Access to Information Act and Supplemental ATIP Statistical Report for 2022-2023 are found in Appendices B and C.
Extensions and Completion Time of Closed Requests
During the reporting period, the NSIRA Secretariat invoked extensions in processing 10 requests: 1 extension of 31 to 60 days, 3 extensions of 61 to 120 days, 2 extensions of 121 to 180 days, 2 extensions of 181 to 365 days, and 2 extensions of 365 days or more, all of which included extensions necessary to consult with third parties.
Of the requests completed during the reporting period,
2 requests, or 13.33% of the requests completed, were disclosed in its entirety. 1 request completed within 16 to 30 days, and 1 request completed within 181 to 365 days.
7 requests, or 46.66% of the requests completed, were disclosed in part. 3 requests completed within 61 to 120 days, 2 requests completed within 181 to 365 days, and 2 requests completed more than 365 days.
2 requests, or 13.33% of the requests completed, were all exempted. 1 request completed within 1 to 15 days, and 1 request completed within 31 to 60 days.
1 request, or 6.66% of the requests completed, resulted in no records. This request was completed within 16 to 30 days.
1 request, or 6.66% of the requests completed was abandoned and completed within 1 to 15 days.
2 requests, or 13.33% of the requests completed, were neither confirmed nor denied. 1 request completed within 16 to 30 days, and 1 request completed within 31 to 60 days.
The NSIRA Secretariat’s responses to many requests required intensive review of complex records, including extensive internal and external consultations due to a significant portion of our information holdings consisting of sensitive and classified records created or originally received by other government institutions owing to NSIRA’s mandate. In 2022-23, the NSIRA Secretariat’s on-time response rate decreased extensively to 33% from 80% in the previous reporting year.
Consultations
The NSIRA Secretariat was consulted on 4 requests this fiscal year. All 4 requests were completed within 61 to 120 days. The NSIRA Secretariat closed all consultations and carried over none into 2023-2024.
Requests Treated Informally
In 2022-2023, the NSIRA Secretariat responded to 2 informal requests for records previously released under the Access to Information Act and carried over one into 2023-2024.
Impact of COVID-19 measures
During the reporting period, the NSIRA Secretariat was not affected by measures related to the COVID‑19 pandemic.
Complaints and Investigations of Access Requests
Subsection 30(1) of the Act describes how the Office of the Information Commissioner receives and investigates complaints from individuals regarding the processing of requests under the Act. The NSIRA Secretariat received three new complaints during the reporting period. One of these complaints was discontinued during the reporting period, while the other two complaints remained active on March 31, 2023.
Moreover, one complaint received in fiscal year 2021-2022 was closed as “well-founded” during this reporting period. This complaint concerned the NSIRA Secretariat’s delay in providing a fulsome response to a large request that was made to NSIRA’s predecessor, the Security Intelligence Review Committee (SIRC), before the established legislative deadline. The delay was largely due to extended external consultations.
Training and Awareness
During the reporting period, access to information training requirements were identified for all NSIRA Secretariat employees, as well as for those with functional or delegated responsibility for the administration of the Access to Information Act, in accordance with the Directive on Access to Information Requests. The Canada School of Public Service course Access to Information and Privacy Fundamentals (COR502) was included as mandatory training in all employees’ training curriculum.
Privacy policies, guidelines, procedures and initiatives
The NSIRA Secretariat updated the Delegation Order during the reporting period. We also engaged with Library and Archives Canada on obtaining institution-specific disposition authorities, as we are currently operating under the former SIRC’s disposition authorities.
Proactive Publication under Part 2 of the ATIA
In accordance with paragraph 81(b) of the Access to Information Act, the NSIRA Secretariat is a government entity subject to the following proactive publication requirements:
Briefing materials (section 88)
During the reporting period, NSIRA Secretariat proactive publications were published on open.canada.ca.
Of the total proactive publication requirements that were due during the reporting period, 80% were published within the legislated timelines.
Initiatives and Projects to Improve Access to Information
The NSIRA Secretariat’s IT team began work to develop an ATIP software tool for our classified and unclassified systems. The NSIRA Secretariat also signed a memorandum of understanding with TBS to make full use of ATIP online and implemented the tool during the reporting period.
Summary of Key Issues and Actions Taken on Complaints
The NSIRA Secretariat hired a consultant to help process the large aforementioned access request made to its predecessor; a request that was subsequently the subject of a delay complaint made in FY 2021-2022 and deemed well-founded by the Information Commissioner during the reporting period. The NSIRA Secretariat took concrete action during the reporting period to comply with the Commissioner’s order to provide a fulsome response to the request “forthwith”, including but not limited to streamlining the consultation process with another government institution and disclosing additional records to the requestor.
Access to Information Act Fees for the Purposes of the Service Fees Act
The Service Fees Act requires a responsible authority to report annually to Parliament on the fees collected by the institution.
With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.
Enabling authority:Access to Information Act
Fee payable: $5.00 application fee is the only fee charged for an ATI request
Total revenue: $30
$25
Cost of operating the program: $294,640
Monitoring Compliance
In order to meet legislative deadlines for access to information requests, deadlines for individual requests are strictly monitored by using MS Outlook reminders. The ATIP Manager organizes ad hoc meetings to discuss request-related activities (such as whether inter-institutional consultations are necessary), determine deadlines and ensure that all team members are informed of the status of files. At bi-weekly team meetings with the Senior General Counsel and Corporate Counsel, the ATIP Manager raises and discusses compliance with legislative and policy obligations. The Executive Director is also briefed on all ATIP compliance issues.
The NSIRA Secretariat has a document setting out the procedures to be followed in carrying out our monthly proactive disclosure, together with the associated expectations and timelines, in order to monitor the accuracy and completeness of the information proactively published under Part 2 of the Act.
During the reporting period, the NSIRA Secretariat also began assessing the feasibility of making information previously released under the Access to Information Act available on its public-facing website.
For contracts issued during the reporting period, the NSIRA Secretariat included a General Condition on Access to Information from Public Services and Procurement Canada’s Standard Acquisition Clauses and Conditions Manual.
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2022-2023 Statistical Report on the Access to Information Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2022-04-01 – 2023-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
11
Outstanding from previous reporting period
9
Outstanding from more than one reporting period
1
Total
21
Closed during reporting period
15
Carried over to next reporting period
6
Carried over within legislated timeline
2
Carried over beyond legislated timeline
4
1.2 Sources of requests
Source
Number of Requests
Media
0
Academia
0
Business (private sector)
0
Organization
0
Public
10
Decline to Identify
1
Total
11
1.3 Channels of requests
Source
Number of Requests
Online
10
E-mail
0
Mail
1
In person
0
Phone
0
Fax
0
Total
11
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
3
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
3
Closed during reporting period
2
Carried over to next reporting period
1
2.2 Channels of informal requests
Source
Number of Requests
Online
0
E-Mail
3
Mail
0
In person
0
Phone
0
Fax
0
Total
3
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
2
0
0
0
0
0
0
2
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
2
65
0
0
0
0
0
0
0
0
2.5 Pages re-released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
0
0
0
0
0
0
0
0
0
0
Section 3: Applications to the Information Commissioner on Declining to Act on Requests
Number of Requests
Outstanding from previous reporting period
0
Sent during reporting period
0
Total
0
Approved by the Information Commissioner during reporting period
0
Declined by the Information Commissioner during reporting period
0
Withdrawn during reporting period
0
Carried over to next reporting period
0
Section 4: Requests Closed During the Reporting Period
4.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
1
0
0
0
1
0
2
Disclosed in part
0
0
0
3
0
2
2
7
All exempted
1
0
1
0
0
0
0
2
All excluded
0
0
0
0
0
0
0
0
No records exist
0
1
0
0
0
0
0
1
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
1
0
0
0
0
0
0
1
Neither confirmed nor denied
0
1
1
0
0
0
0
2
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
2
3
2
3
0
3
2
15
4.2 Exemptions
Section
Numbers of Requests
13(1)(a)
0
13(1)(b)
0
13(1)(c)
0
13(1)(d)
0
13(1)(e)
0
14
0
14(a)
0
14(b)
0
15(1) – I. A. *
0
15(1) – Def. *
5
15(1) – S.A. *
1
16(1)(a)(i)
3
16(1)(a)(ii)
0
16(1)(a)(iii)
0
16(1)(b)
1
16(1)(c)
4
16(1)(d)
0
16(2)
0
16(2)(a)
0
16(2)(b)
0
16(2)(c)
0
16(3)
0
16.1(1)(a)
0
16.1(1)(b)
0
16.1(1)(c)
0
16.1(1)(d)
0
16.2(1)
0
16.3
0
16.31
0
16.4(1)(a)
0
16.4(1)(b)
0
16.5
0
16.6
0
17
0
18(a)
0
18(b)
0
18(c)
0
18(d)
0
18.1(1)(a)
0
18.1(1)(b)
0
18.1(1)(c)
0
18.1(1)(d)
0
19(1)
2
20(1)(a)
0
20(1)(b)
0
20(1)(b.1)
0
20(1)(c)
0
20(1)(d)
0
20.1
0
20.2
0
20.4
0
21(1)(a)
0
21(1)(b)
0
21(1)(c)
0
21(1)(d)
0
22
0
22.1(1)
0
23
1
23.1
0
24(1)
1
26
0
* I.A.: International Affairs * Def.: Defence of Canada * S.A.: Subversive Activities
4.3 Exclusions
Section
Numbers of Requests
68(a)
0
68(b)
0
68(c)
0
68.1
0
68.2(a)
0
68.2(b)
0
69(1)
0
69(1)(a)
0
69(1)(b)
0
69(1)(c)
0
69(1)(d)
0
69(1)(e)
0
69(1)(f)
0
69(1)(g) re (a)
0
69(1)(g) re (b)
0
69(1)(g) re (c)
0
69(1)(g) re (d)
0
69(1)(g) re (e)
0
69(1)(g) re (f)
0
69.1(1)
0
4.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
0
9
0
0
0
0
4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
856
856
14
4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
1
7
1
322
0
0
0
0
0
0
Disclosed in part
6
247
1
280
0
0
0
0
0
0
All exempted
2
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
1
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
2
0
0
0
0
0
0
0
0
0
Declined to act with the approval of the information Commissioner
0
0
0
0
0
0
0
0
0
0
Total
12
254
2
602
0
0
0
0
0
0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.7 Other complexities
Disposition
Consultation Required
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
Disclosed in part
0
0
0
0
All exempted
0
0
0
0
All excluded
0
0
0
0
Request abandoned
0
0
0
0
Neither confirmed nor denied
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
0
0
0
0
4.6 Closed requests
4.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
5
Percentage of requests closed within legislated timelines (%)
33.33333333
4.7 Deemed refusals
4.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
10
0
10
0
0
4.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
0
0
0
31 to 60 Days
0
2
2
61 to 120 Days
0
3
3
121 to 180 Days
0
0
0
181 to 365 Days
0
3
3
More than 365 Days
0
2
2
Total
0
10
10
4.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 5: Extensions
5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
All disclosed
0
0
2
0
Disclosed in part
0
0
7
0
All exempted
0
0
1
0
All excluded
0
0
0
0
Request abandoned
0
0
0
0
No records exist
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
0
0
10
0
5.2 Length of extensions
Length of Extensions
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
30 days or less
0
0
0
0
31 to 60 days
0
0
1
0
61 to 120 days
0
0
3
0
121 to 180 days
0
0
2
0
181 to 365 days
0
0
2
0
365 days or more
0
0
2
0
Total
0
0
10
0
Section 6: Fees
Fee Type
Fee Collected
Fee Waived
Fee Refunded
Number of Requests
Amount
Number of Requests
Amount
Number of Requests
Amount
Application
0
$30.00
5
$0.00
0
$0.00
Other fees
0
$0.00
0
$0.00
0
$0.00
Total
6
$30.00
5
$0.00
0
$0.00
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
4
189
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
4
189
0
0
Closed during the reporting period
4
189
0
0
Carried over within negotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
4
0
0
0
4
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
4
0
0
0
4
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Investigations and Reports of finding
9.1 Investigations
Section 32 Notice of intention to investigate
Subsection 30(5) Ceased to investigate
Section 35 Formal Representations
3
0
0
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports
Section 37(2) Final Reports
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
1
1
1
1
1
1
Section 10: Court Action
10.1 Court actions on complaints
Section 41
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 – under paragraph 28(1)(b)
0
Section 11: Resources Related to the Access to Information Act
11.1 Allocated Costs
Expenditures
Amount
Salaries
$100,000
Overtime
$0
Goods and Services
$194,640
Professional services contracts
$194,640
Other
$0
Total
$294,640
11.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.000
Part-time and casual employees
1.000
Regional Staff
0.000
Consultants and agency personnel
1.000
Students
1.000
Total
3.000
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act
Number of weeks
Able to receive requests by mail
52
Able to receive requests by email
52
Able to receive requests through the digital request service
52
Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act
2.1 Number of weeks your institution was able to process paper records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
Section 3: Open Requests and Complaints Under the Privacy Act
3.1 Number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received
Open Requests that are Within Legislated Timelines as
Open Requests that are Beyond Legislated Timelines as of March 31, 2023
Total
Received in 2022-23
2
3
5
Received in 2021-22
0
0
0
Received in 2020-21
0
0
0
Received in 2019-20
0
0
0
Received in 2018-19
0
1
1
Received in 2017-18
0
0
0
Received in 2016-17
0
0
0
Received in 2015-16
0
0
0
Received in 2014-15
0
0
0
Received in 2013-14 or earlier
0
0
0
3.2 Number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods
Fiscal Year Open Complaints were received by institutions
Open Requests that are Within Legislated Timelines as
The Privacy Act gives individuals the right to access information about themselves that is held by the National Security and Intelligence Review Agency Secretariat, subject to certain specific and limited exceptions. The Privacy Act also protects the privacy of individuals by giving them substantial control over the collection, use, and disclosure of their personal information and by preventing others from having access to that information.
Section 72 of the act requires the head of each government institution to prepare an annual report on the administration of the act within the institution and to submit the report to Parliament.
This report to Parliament, which is prepared and tabled in accordance with section 72 of the Privacy Act, describes the activities of the National Security and Intelligence Review Agency Secretariat in administering the Act during the period of April 1, 2022 to March 31, 2023.
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who we are
Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat assists NSIRA in fulfilling its mandate. It is the NSIRA Secretariat, headed by an Executive Director, that is the government institution for the purposes of the Privacy Act and the Access to Information Act.
Mandate
The NSIRA Secretariat supports NSIRA in its dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.
NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
reports made under section 19 of the Citizenship Act, and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office – Organizational Structure
NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act. For the reporting period, the NSIRA ATIP office consisted of:
1 Full-time Access to Information Consultant;
1 Part-time Privacy Consultant; and
1 Full-time ATIP Manager who fulfilled the duties that would normally be carried out by an ATIP Coordinator, as well as managed the ATIP Office in addition to fulfilling normal duties as Manager of Administrative Services for the Secretariat and Agency Members.
NSIRA Secretariat Senior General Counsel and Corporate Counsel supported the ATIP Office on an as required basis.
The ATIP Office is responsible for the following:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the Access to Information Act and the Privacy Act;
developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
maintaining Personal Information Banks and conducting privacy impact assessments.
preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.
The NSIRA Secretariat was a party to a service agreement under section 73.1 of the Privacy Act during the reporting period, pursuant to which it received administrative services from the Privy Council Office related to the tabling of the Privacy Act annual report in Parliament. The NSIRA Secretariat was also a party to a service agreement under section 71.1 of the Act, pursuant to which it received ATIP Online services from the Treasury Board of Canada Secretariat.
To assist the ATIP Office in meeting its overall legislative obligations, the NSIRA Secretariat relied on a collaborative internal group of subject matter points of contact from all its branches.
Delegation Order
The Executive Director, as the Head of the NSIRA Secretariat, is responsible for the administration of the Privacy Act within the institution. Pursuant to section 73 of the Privacy Act, the Executive Director has delegated the ATIP Manager and ATIP Officer – as well as persons acting in these positions – to perform powers, duties, and functions for the administration of the Act. These positions have limited delegation of authority under the Act and the Access to Information Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The Privacy Act Delegation Order can be found in Appendix A.
Performance 2022-2023
Performance in Processing Privacy Requests
During the reporting period, from April 1, 2022 to March 31, 2023, the NSIRA Secretariat received 12 formal requests. All 12 requests were completed during the reporting period. No requests were carried over from the previous reporting period.
Statistical Reports for 2022-2023
The institution’s 2022-2023 Statistical Report on the Privacy Act and Supplemental ATIP Statistical Report for 2022-2023 are found in Appendices B and C.
Extensions and Completion Time of Closed Requests
During the reporting period, the NSIRA Secretariat invoked extensions in processing 5 requests: 3 extensions of 31 to 60 days, and 2 extensions of 61 to 120 days, all of which included extensions necessary to consult with third parties.
Of the requests completed during the reporting period:
1 request, or 8.33% of the requests completed, was disclosed in its entirety. This request was completed within 16 to 30 days.
4 requests, or 33.33% of the requests completed, were disclosed in part. 1 request completed within 16 to 30 days, 2 requests completed within 31 to 60 days, and 1 request completed within 61 to 120 days.
7 requests, or 58.33% of the requests completed, resulted in no records. 1 request completed within 1 to 15 days, 4 requests completed within 16 to 30 days, 1 request completed within 31 to 60 days, and 1 request completed within 61 to 120 days.
The NSIRA Secretariat’s responses to many requests required intensive review of complex records, including extensive internal and external consultations. In 2022-23, the NSIRA Secretariat’s on-time response rate decreased to 58.33% from 71% in the previous reporting year.
Consultations
No consultations were received by the NSIRA Secretariat during the reporting period.
Impact of COVID-19 Measures
During the reporting period, the NSIRA Secretariat was not affected by measures related to the COVID‑19 pandemic.
Complaints and Investigations
During the reporting period, the NSIRA Secretariat received 9 privacy complaints, 2 of which were related to access. All 9 complaints remained active on March 31, 2023.
Moreover, one privacy breach-related investigation initiated by the Privacy Commissioner in fiscal year 2020-2021 continued during the reporting period and remained active on March 31, 2023.
Training and Awareness
During the reporting period, privacy training requirements were identified for all NSIRA Secretariat employees, as well as for those with functional or delegated responsibility for the administration of the Privacy Act, in accordance with the Directive on Personal Information Requests and Correction of Personal Information. The Canada School of Public Service course Access to Information and Privacy Fundamentals (COR502) was included as mandatory training in all employees’ training curriculum.
In addition, an all-staff lunch and learn session was held in August 2022 to provide employees with a debrief of the International Association of Privacy Professionals Privacy Conference.
Policies, Guidelines, and Procedures
The NSIRA Secretariat updated the Delegation Order during the reporting period and also established its internal Directive on Managing Security and Safety Events in March 2023, which provides for coordination with the ATIP Office and Office of Primary Interest when a security event involves a suspected or actual privacy breach.
Initiatives and Projects to Improve Privacy
The NSIRA Secretariat’s IT team began work to develop an ATIP software tool for our classified and unclassified systems. The NSIRA Secretariat also signed a memorandum of understanding with TBS to make full use of ATIP Online and implemented the tool during the reporting period.
Summary of Key Issues and Actions Taken on Complaints
As previously outlined, all 9 complaints received during the reporting period remained active on March 31, 2023. The NSIRA Secretariat meaningfully engaged with the Office of the Privacy Commissioner on all active investigations and disclosed additional records in 1 of the 2 access-related complaints.
Material Privacy Breaches
In the 2022-2023 reporting period, no material privacy breaches occurred.
Privacy Impact Assessments
The NSIRA Secretariat did not complete any PIAs in 2022-2023. During the reporting period, the NSIRA Secretariat received feedback from TBS for its PIA on the creation of NSIRA — which had been submitted to TBS in FY 2021-2022 — and undertook revisions to the PIA. During the reporting period, the NSIRA Secretariat also launched a PIA exercise pertaining to its investigations-related activities.
Public Interest Disclosures
No disclosures were made pursuant to paragraph 8(2)(m) of the Privacy Act during the reporting period.
Monitoring Compliance
In order to meet the legislative deadlines for privacy requests, deadlines for individual requests are strictly monitored by using MS Outlook reminders. The ATIP Manager organizes ad hoc meetings to discuss request-related activities (such as whether inter-institutional consultations are necessary), determine deadlines and ensure that all team members are informed of the status of files. At bi-weekly team meetings with the Senior General Counsel and Corporate Counsel, the ATIP Manager raises and discusses compliance with legislative and policy obligations. The Executive Director is also briefed on all ATIP compliance issues.
For contracts issued during the reporting period, the NSIRA Secretariat included a Standard Procurement Clause on the Handling of Personal Information or a Supplemental General Condition on Personal Information from Public Services and Procurement Canada’s Standard Acquisition Clauses and Conditions Manual.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2022-2023 Statistical Report on the Privacy Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2022-04-01 – 2023-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
12
Outstanding from previous reporting period
0
Outstanding from more than one reporting period
0
Total
12
Closed during reporting period
12
Carried over to next reporting period
0
Carried over within legislated timeline
0
Carried over beyond legislated timeline
0
1.2 Channels of requests
Source
Number of Requests
Online
10
E-mail
2
Mail
0
In person
0
Phone
0
Fax
0
Total
12
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
0
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
0
Closed during reporting period
0
Carried over to next reporting period
0
2.2 Channels of informal requests
Source
Number of Requests
Online
0
E-Mail
0
Mail
0
In person
0
Phone
0
Fax
0
Total
0
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
0
0
0
0
0
0
0
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
0
0
0
0
0
0
0
0
0
0
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
1
0
0
0
0
0
1
Disclosed in part
0
1
2
1
0
0
0
4
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
1
4
1
1
0
0
0
7
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Total
1
6
3
2
0
0
0
12
3.2 Exemptions
Section
Numbers of Requests
18(2)
0
19(1)(a)
0
19(1)(b)
0
19(1)(c)
0
19(1)(d)
0
19(1)(e)
0
19(1)(f)
0
20
0
21
1
22(1)(a)(i)
3
22(1)(a)(ii)
0
22(1)(a)(iii)
0
22(1)(b)
4
22(1)(c)
0
22(2)
0
22.1
0
22.2
0
22.3
0
22.4
0
23(a)
0
23(b)
0
24(a)
0
24(b)
0
25
0
26
0
27
2
27.1
0
28
0
3.3 Exclusions
Section
Numbers of Requests
69(1)(a)
0
69(1)(b)
0
69.1
0
70(1)
0
70(1)(a)
0
70(1(b)
0
70(1)(c)
0
70(1)(d)
0
70(1)(e)
0
70(1)(f)
0
70.1
0
3.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
0
5
0
0
0
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
795
795
5
3.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
1
1
0
0
0
0
0
0
0
0
Disclosed in part
3
150
0
0
1
644
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Total
4
151
0
0
1
644
0
0
0
0
3.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.7 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
0
0
0
0
0
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
0
0
0
0
0
3.6 Closed requests
3.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
7
Percentage of requests closed within legislated timelines (%)
58.33333333
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
5
0
3
0
2
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
1
1
16 to 30 Days
1
0
1
31 to 60 Days
1
1
2
61 to 120 Days
1
0
1
121 to 180 Days
0
0
0
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
3
2
5
3.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e)
Paragraph 8(2)(m)
Subsection 8(5)
Total
0
0
0
0
Section 5: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received
Number
Notations attached
0
Requests for correction accepted
0
Total
0
Section 6: Extensions
6.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
3
0
1
0
0
0
2
0
0
6.2 Length of extensions
Length of Extensions
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
1 to 15 days
0
1
0
0
0
2
0
0
16 to 30 days
0
0
0
0
0
3
0
0
31 days or greater
0
Total
0
1
0
0
0
2
0
0
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
0
0
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
0
0
0
0
Closed during the reporting period
0
0
0
0
Carried over within regotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Complaints and Investigations Notices Received
Section 31
Section 33
Section 35
Court action
Total
1
8
0
0
9
Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBS)
10.1 Privacy Impact Assessments
Number of PIA(s) completed
Number of PIAs modified
0
0
10.2 Institution-specific and Central Personal Information Banks
Personal Information Banks
Active
Created
Terminated
Modified
Institution-specific
0
0
0
0
Central
0
0
0
0
Total
0
0
0
0
Section 11: Privacy Breaches
11.1 Material Privacy Breaches reported
Number of material privacy breaches reported to TBS
Number of material privacy breaches reported to OPC
0
0
11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches
0
Section 12: Resources Related to the Privacy Act
12.1 Allocated Costs
Expenditures
Amount
Salaries
$60,000
Overtime
$0
Goods and Services
$5,000
Professional services contracts
$5,000
Other
$0
Total
$65,000
12.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.000
Part-time and casual employees
1.000
Regional Staff
0.000
Consultants and agency personnel
0.500
Students
0.000
Total
1.500
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act
Number of weeks
Able to receive requests by mail
52
Able to receive requests by email
52
Able to receive requests through the digital request service
52
Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act
2.1 Number of weeks your institution was able to process paper records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
Section 3: Open Requests and Complaints Under the Privacy Act
3.1 Number of open requests that are outstanding from previous reporting periods.
Fiscal Year Open Requests Were Received
Open Requests that are Within Legislated Timelines as
Open Requests that are Beyond Legislated Timelines as of March 31, 2023
Total
Received in 2022-23
0
0
0
Received in 2021-22
0
0
0
Received in 2020-21
0
0
0
Received in 2019-20
0
0
0
Received in 2018-19
0
0
0
Received in 2017-18
0
0
0
Received in 2016-17
0
0
0
Received in 2015-16
0
0
0
Received in 2014-15
0
0
0
Received in 2013-14 or earlier
0
0
0
3.2 Number of open complaints with the Privacy Commissioner of Canada that are outstanding from previous reporting periods
Fiscal Year Open Complaints were received by institutions
Open Requests that are Within Legislated Timelines as
Received in 2022-23
9
Received in 2021-22
0
Received in 2020-21
0
Received in 2019-20
0
Received in 2018-19
0
Received in 2017-18
0
Received in 2016-17
0
Received in 2015-16
0
Received in 2014-15
0
Received in 2013-14 or earlier
0
Total
9
Section 4: Social Insurance Number
Has your institution begun a new collection or a new consistent use of the SIN in 2022-23?
No
Section 5: Universal Access under the Privacy Act
How many requests were received from confirmed foreign nationals outside of Canada in 2022-2023?
The Access to Information Act gives Canadian citizens and permanent residents, as well as any person or corporation present in Canada, a right of access to information contained in government records, subject to certain specific and limited exceptions.
Section 94(1) of the Act requires the head of each government institution to prepare an annual report on the administration of the Act within the institution and to submit the report to Parliament. In addition, section 20 of the Service Fees Act requires institutions to report on all statutory fees processed during the reporting period.
This report to Parliament, which is prepared and tabled in accordance with Section 94 of the Access to Information Act, and section 20 of the Service Fees Act, describes the activities of the National Security and Intelligence Review Agency Secretariat in administering these Acts during the period April 1, 2021 to March 31, 2022.
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who we are
Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat assists the Review Agency in fulfilling its mandate.
Mandate
NSIRA has a dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.
NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
reports made under section 19 of the Citizenship Act, and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office
NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act.
For the reporting period, the NSIRA ATIP office consisted of:
1 full-time ATIP Coordinator
1 part-time ATIP Consultant
1 full-time Senior Director, who managed the ATIP office in addition to fulfilling normal duties as Senior Director of Corporate Services
NSIRA Legal Services supported the ATIP team on an as required basis.
The main activities of the ATIP Coordinator included:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the Access to Information Act and the Privacy Act;
developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
maintaining Personal Information Banks and conducting privacy impact assessments.
preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.
To assist the ATIP Office in meeting its legislative obligations, NSIRA relied on a collaborative internal group of subject matter points of contact from all its branches.
Delegation Order
The Executive Director, as the Head of the National Security and Intelligence Review Agency Secretariat and pursuant to s.95(1) of the ATIA, is responsible for the implementation of the ATIA for NSIRA. Through the most recent NSIRA delegation order, the Executive Director has designated the ATIP Coordinator and ATIP Officer to perform the powers, duties, functions, or administrative tasks pertaining to the ATIA. These functions have limited delegation of authority under the Act and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The recently amended ATIA delegation orders can be found in Appendix A.
Performance and Statistical Overview
Performance in Processing Access Requests
During the reporting period, the number of access requests received by NSIRA increased by 1300% (14) compared to the previous year (1). The Agency also managed one request that was pending from previous years, bringing the total number of cases to 15. Of these, NSIRA closed 5 requests in 2021- 22, and 10 were carried over to the next reporting period.
NSIRA’s responses to many requests required intensive review of complex records, including extensive internal and external consultations. In 2021-22, NSIRA’s on-time response rate decreased to 80% from 100% in the previous reporting year.
Consultations
NSIRA was consulted on 12 requests this fiscal year, compared to 7 in the previous reporting period. NSIRA closed 11 consultations and carried over one into 2022-2023.
Requests Treated Informally
In 2021-2022, NSIRA responded to 7 informal requests for records previously released under the ATIA process. This is an increase from no informal requests in 2020-2021. NSIRA responded to all 7 requests within 30 days of the request.
Complaints and Investigations of Access Requests
Subsection 30(1) of the Act describes how the Office of the Information Commissioner receives and investigates complaints from individuals regarding the processing of requests under the Act. NSIRA received one new complaint during the reporting period and worked closely with the Office of the Information Commissioner to resolve the complaint. This complaint concerned NSIRA’s delay in providing a response to a request before the established legislative deadline. NSIRA’s delay was largely due to extended external consultations; however, the complaint was closed as “well-founded” in 2022-2023 reporting period.
Access to Information Act fees for the Purposes of the Service Fees Act
In accordance with the Interim Directive on the Administration of the ATIA, issued on May 5, 2016, and the changes to the ATIA that came into force on June 21, 2019, NSIRA waived or refunded all fees prescribed by the Act and Regulations during the reporting period.
Training
In 2021–22, the ATIP office provided orientation sessions to new and current employees. In all, 3 separate sessions on access and privacy legislation were provided to 60 employees.
Privacy policies, guidelines, procedures and initiatives
NSIRA did not revise policies, guidelines, or procedures related to the Access to Information Act—or implement new ones—during the reporting period.
Monitoring processing time
Request processing times are monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to an ATIA request appear to be at risk.
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2019-2020 Statistical Report on the Access to Information Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2019-04-01 – 2020-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
14
Outstanding from previous reporting period
0
Outstanding from more than one reporting period
1
Total
15
Closed during reporting period
5
Carried over to next reporting period
10
Carried over within legislated timeline
9
Carried over beyond legislated timeline
1
1.2 Sources of requests
Source
Number of Requests
Media
4
Academia
0
Business (private sector)
0
Organization
0
Public
10
Decline to Identify
0
Total
14
1.3 Channels of requests
Source
Number of Requests
Online
12
E-mail
1
Mail
1
In person
0
Phone
0
Fax
0
Total
14
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
7
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
7
Closed during reporting period
7
Carried over to next reporting period
0
2.2 Channels of informal requests
Source
Number of Requests
Online
7
E-Mail
0
Mail
0
In person
0
Phone
0
Fax
0
Total
7
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
7
0
0
0
0
0
7
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
0
0
0
0
0
0
0
0
0
0
2.5 Pages re-released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
7
121
0
0
0
0
0
0
0
0
Section 3: Applications to the Information Commissioner on Declining to Act on Requests
Number of Requests
Outstanding from previous reporting period
0
Sent during reporting period
0
Total
0
Approved by the Information Commissioner during reporting period
0
Declined by the Information Commissioner during reporting period
0
Withdrawn during reporting period
0
Carried over to next reporting period
0
Section 4: Requests Closed During the Reporting Period
4.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
2
0
1
0
0
0
0
3
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
2
0
0
0
0
0
2
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
2
2
1
0
0
0
0
5
4.2 Exemptions
Section
Numbers of Requests
13(1)(a)
0
13(1)(b)
0
13(1)(c)
0
13(1)(d)
0
13(1)(e)
0
14
0
14(a)
0
14(b)
0
15(1) – I. A. *
0
15(1) – Def. *
2
15(1) – S.A. *
0
16(1)(a)(i)
0
16(1)(a)(ii)
0
16(1)(a)(iii)
0
16(1)(b)
1
16(1)(c)
2
16(1)(d)
0
16(2)
0
16(2)(a)
0
16(2)(b)
0
16(2)(c)
0
16(3)
0
16.1(1)(a)
0
16.1(1)(b)
0
16.1(1)(c)
0
16.1(1)(d)
0
16.2(1)
0
16.3
0
16.31
0
16.4(1)(a)
0
16.4(1)(b)
0
16.5
0
16.6
0
17
0
18(a)
0
18(b)
0
18(c)
0
18(d)
0
18.1(1)(a)
0
18.1(1)(b)
0
18.1(1)(c)
0
18.1(1)(d)
0
19(1)
2
20(1)(a)
0
20(1)(b)
0
20(1)(b.1)
0
20(1)(c)
0
20(1)(d)
0
20.1
0
20.2
0
20.4
0
21(1)(a)
1
21(1)(b)
0
21(1)(c)
0
21(1)(d)
0
22
0
22.1(1)
0
23
2
23.1
0
24(1)
1
26
0
* I.A.: International Affairs * Def.: Defence of Canada * S.A.: Subversive Activities
4.3 Exclusions
Section
Numbers of Requests
68(a)
0
68(b)
0
68(c)
0
68.1
0
68.2(a)
0
68.2(b)
0
69(1)
0
69(1)(a)
0
69(1)(b)
0
69(1)(c)
0
69(1)(d)
0
69(1)(e)
0
69(1)(f)
0
69(1)(g) re (a)
0
69(1)(g) re (b)
0
69(1)(g) re (c)
0
69(1)(g) re (d)
0
69(1)(g) re (e)
0
69(1)(g) re (f)
0
69.1(1)
0
4.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
2
1
0
0
0
0
4.5 Complexity
4.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
63
63
3
4.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
0
0
0
0
0
0
0
0
0
0
Disclosed in part
3
63
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Declined to act with the approval of the information Commissioner
0
0
0
0
0
0
0
0
0
0
Total
3
63
0
0
0
0
0
0
0
0
4.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
4.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
4.5.7 Other complexities
Disposition
Consultation Required
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
Disclosed in part
2
0
0
2
All exempted
0
0
0
0
All excluded
0
0
0
0
Request abandoned
0
0
0
0
Neither confirmed nor denied
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
2
0
0
2
4.6 Closed requests
4.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
4
Percentage of requests closed within legislated timelines (%)
80
4.7 Deemed refusals
4.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
1
0
0
1
0
4.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
1
0
1
16 to 30 Days
0
0
0
31 to 60 Days
0
1
0
61 to 120 Days
0
0
0
121 to 180 Days
0
0
0
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
1
0
1
4.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 5: Extensions
5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
Section 69
Other
All disclosed
0
0
0
Disclosed in part
0
0
0
All exempted
0
0
0
All excluded
0
0
0
Request abandoned
No records exist
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
Total
0
0
0
5.2 Length of extensions
Length of Extensions
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
Section 69
Other
30 days or less
0
0
0
31 to 60 days
0
0
0
61 to 120 days
0
0
0
121 to 180 days
0
0
0
181 to 365 days
0
0
0
365 days or more
0
0
0
Total
0
0
0
Section 6: Fees
Fee Type
Fee Collected
Fee Waived
Fee Refunded
Number of Requests
Amount
Number of Requests
Amount
Number of Requests
Amount
Application
0
$0.00
14
$0.00
0
$0.00
Other fees
0
$0.00
0
$0.00
0
$0.00
Total
0
$0.00
14
$0.00
0
$0.00
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
12
143
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
12
143
0
0
Closed during the reporting period
11
123
0
0
Carried over within regotiated timelines
1
20
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Investigations and Reports of finding
9.1 Investigations
Section 32 Notice of intention to investigate
Subsection 30(5) Ceased to investigate
Section 35 Formal Representations
0
0
1
9.2 Investigations and Reports of finding
Section 37(1) Initial Reports
Section 37(2) Final Reports
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
Received
Containing recommendations issued by the Information Commissioner
Containing orders issued by the Information Commissioner
0
0
0
0
0
0
Section 10: Court Action
10.1 Court actions on complaints
Section 41
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
10.2 Court actions on third party notifications under paragraph 28(1)(b)
Section 44 – under paragraph 28(1)(b)
0
Section 11: Resources Related to the Access to Information Act
11.1 Allocated Costs
Expenditures
Amount
Salaries
$24,082
Overtime
$0
Goods and Services
$0
Professional services contracts
$0
Other
$0
Total
$24,082
11.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.300
Part-time and casual employees
0.000
Regional Staff
0.000
Consultants and agency personnel
0.000
Students
0.000
Total
0.300
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act
Number of weeks
Able to receive requests by mail
52
Able to receive requests by email
52
Able to receive requests through the digital request service
52
Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act
2.1 Number of weeks your institution was able to process paper records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
The Privacy Act gives individuals the right to access information about themselves that is held by the National Security and Intelligence Review Agency Secretariat, subject to certain specific and limited exceptions. The Privacy Act also protects the privacy of individuals by giving them substantial control over the collection, use, and disclosure of their personal information and by preventing others from having access to that information.
Section 72 of the act requires the head of each government institution to prepare an annual report on the administration of the act within the institution and to submit the report to Parliament.
This report to Parliament, which is prepared and tabled in accordance with Section 72 of the Privacy Act describes the activities of the National Security and Intelligence Review Agency Secretariat in administering the Act during the period of April 1, 2021 to March 31, 2022.
If you require more information or wish to make a request under the Access to Information Act or the Privacy Act, please direct your inquiries to the following:
Access to Information and Privacy Office National Security and Intelligence Review Agency P.O. Box 2430, Station “D” Ottawa, Ontario, K1P 5W5 Email: ATIP@nsira-ossnr.gc.ca
Who we are
Established in July 2019, NSIRA is an independent agency that reports to Parliament and conducts investigations and reviews of the federal government’s national security and intelligence activities.
The NSIRA Secretariat assists the Review Agency in fulfilling its mandate.
Mandate
NSIRA has a dual mandate to conduct reviews and investigations in relation to Canada’s national security or intelligence activities.
Reviews
NSIRA’s review mandate is broad, as outlined in subsection 8(1) of the National Security and Intelligence Review Agency Act (NSIRA Act). This mandate includes reviewing the activities of both the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security- or intelligence-related activities of any other federal department or agency. This includes, but is not limited to, the national security or intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency (CBSA), the Department of National Defence (DND) and Canadian Armed Forces (CAF), Global Affairs Canada (GAC), and the Department of Justice. Further, NSIRA may review any national security or intelligence matters that a minister of the Crown refers to NSIRA.
NSIRA reviews assess whether Canada’s national security and intelligence activities comply with relevant laws, policies, and ministerial directions, and whether they are reasonable and necessary. In conducting its reviews, NSIRA can make any findings or recommendations it considers appropriate.
Investigations
NSIRA is responsible for investigating national security or intelligence-related complaints from members of the public. As outlined in paragraph 8(1)(d) of the NSIRA Act, NSIRA has the mandate to investigate complaints about:
any activity of CSIS or of CSE;
decisions to deny or revoke certain federal government security clearances;
any complaint referred under subsection 45.53(4.1) or 45.67(2.1) of the Royal Canadian Mounted Police Act,
reports made under section 19 of the Citizenship Act, and
matters referred under section 45 of the Canadian Human Rights Act.
Access to Information and Privacy Office
NSIRA’s ATIP Office is accountable for the development and implementation of effective policies, guidelines, systems, and procedures to ensure that the NSIRA Secretariat meets its responsibilities under the Access to Information Act and the Privacy Act. For the reporting period, the NSIRA ATIP office consisted of:
1 full-time ATIP Coordinator
1 part-time ATIP Consultant
1 full-time Senior Director, who managed the ATIP office in addition to fulfilling normal duties as Senior Director of Corporate Services
NSIRA Legal Services supported the ATIP team on an as required basis.
The main activities of the ATIP Coordinator included:
monitoring compliance with ATIP legislation and relevant procedures and policies;
processing requests under both the Access to Information Act and the Privacy Act;
developing and maintaining policies, procedures, and guidelines to ensure that the NSIRA Secretariat respected the Access to Information Act and the Privacy Act;
maintaining Personal Information Banks and conducting privacy impact assessments.
preparing annual reports to Parliament and other statutory reports, as well as other material that might be required by central agencies; and
representing the NSIRA Secretariat in dealings with the Treasury Board of Canada Secretariat, the information and privacy commissioners, and other government departments and agencies in matters pertaining to the Access to Information Act and the Privacy Act.
To assist the ATIP Office in meeting its legislative obligations, NSIRA relied on a collaborative internal group of subject matter points of contact from all its branches.
Delegation Order
The Executive Director, as the Head of the National Security and Intelligence Review Agency Secretariat and pursuant to s.95(1) of the ATIA, is responsible for the implementation of the ATIA for NSIRA. Through the most recent NSIRA delegation order, the Executive Director has designated the ATIP Coordinator and ATIP Officer to perform the powers, duties, functions, or administrative tasks pertaining to the ATIA. These functions have limited delegation of authority under the Act and the Privacy Act, in accordance with the delegation of authority instrument approved by the Executive Director in August 2022. The recently amended ATIA delegation orders can be found in Appendix A.
Performance and Statistical Overview
Performance in Processing Access Requests
During the reporting period, the number of privacy requests received by NSIRA increased by 75% (7) compared to the previous year (4). All requests were completed in 2021-22, and no requests were carried over the next year.
NSIRA’s responses to most requests required intensive review of complex records, including extensive internal and external consultations. In 2021-22, NSIRA’s on-time response rate decreased to 71% from 75% in the previous reporting year.
Consultations
NSIRA received one new consultation request from another government institution which was responded within 30 days of its receipt.
Corrections and Notations
For this reporting period, NSIRA did not receive any requests for corrections of personal information.
Complaints and Investigations of Privacy Requests
NSIRA did not receive any complaints pursuant to the Privacy Act during this reporting period. However, one investigation was initiated by the Office of the Privacy Commissioner (OPC) concerning the cyber-attack discussed under the “Breaches” section below.
Training
In 2021–22, the ATIP office provided orientation sessions to new and current employees. In all, 3 separate sessions on access and privacy legislation were provided to 60 employees.
Policies, guidelines, procedures and initiatives
During the reporting period, the NSIRA Secretariat:
Initiated work on a Privacy Policy, a Privacy Protocol, and on a Privacy Breach Plan and Procedures; and
Submitted a request to the Treasury Board Secretariat (TBS) for the approval of changes respecting Personal Information Banks.
Monitoring processing time
Request processing times are monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to a Privacy Act request appear to be at risk.
Breaches
In March 2021, NSIRA was the victim of a cyber-attack on its public-facing network. As required by the TBS’ Directive on Privacy Practices, NSIRA reported the breach to the OPC and the TBS. Consistent with the Privacy Act, TBS requirements and advice from the OPC, the affected individuals were notified of the breach and how it could affect them.
Privacy Impact Assessments
NSIRA has completed a Privacy Impact Assessment (PIA) of its operations.
NSIRA is in the process of completing a PIA regarding its complaint investigation process.
Disclosure of Personal Information Under Section 8(2)
No disclosures were made pursuant to subsection 8(2) during the reporting period.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2021-2022 Statistical Report on the Privacy Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2021-04-01 – 2022-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
7
Outstanding from previous reporting period
0
Outstanding from more than one reporting period
0
Total
7
Closed during reporting period
7
Carried over to next reporting period
0
Carried over within legislated timeline
0
Carried over beyond legislated timeline
0
1.2 Channels of requests
Source
Number of Requests
Online
4
E-mail
3
Mail
0
In person
0
Phone
0
Fax
0
Total
7
Section 2: Informal requests
2.1 Number of informal requests
Number of Requests
Received during reporting period
0
Outstanding from previous reporting periods
0
Outstanding from more than one reporting period
0
Total
0
Closed during reporting period
0
Carried over to next reporting period
0
2.2 Channels of informal requests
Source
Number of Requests
Online
0
E-Mail
0
Mail
0
In person
0
Phone
0
Fax
0
Total
0
2.3 Completion time of informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
0
0
0
0
0
0
0
2.4 Pages released informally
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
0
0
0
0
0
0
0
0
0
0
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
0
1
2
0
0
0
3
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
2
2
0
0
0
0
0
4
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Total
2
2
1
2
0
0
0
7
3.2 Exemptions
Section
Numbers of Requests
18(2)
0
19(1)(a)
0
19(1)(b)
0
19(1)(c)
0
19(1)(d)
0
19(1)(e)
0
19(1)(f)
0
20
0
21
2
22(1)(a)(i)
0
22(1)(a)(ii)
0
22(1)(a)(iii)
0
22(1)(b)
1
22(1)(c)
0
22(2)
0
22.1
0
22.2
0
22.3
0
22.4
0
23(a)
0
23(b)
0
24(a)
0
24(b)
0
25
0
26
2
27
1
27.1
0
28
0
3.3 Exclusions
Section
Numbers of Requests
69(1)(a)
0
69(1)(b)
0
69.1
0
70(1)
0
70(1)(a)
0
70(1(b)
0
70(1)(c)
0
70(1)(d)
0
70(1)(e)
0
70(1)(f)
0
70.1
0
3.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
1
2
0
0
0
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed for paper and e-record formats
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
768
768
3
3.5.2 Relevant pages processed per request disposition for paper and e-record formats by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
0
0
0
0
0
0
0
0
0
0
Disclosed in part
1
71
2
697
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Total
1
71
2
697
0
0
0
0
0
0
3.5.3 Relevant minutes processed and disclosed for audio formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.5 Relevant minutes processed and disclosed for video formats
Number of Minutes Processed
Number of Minutes Disclosed
Number of Requests
0
0
0
3.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less Than 60 Minutes Processed
60 – 120 Minutes Processed
More than 120 Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
Number of Requests
Minutes Processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.7 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
2
0
0
0
2
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
2
0
0
0
2
3.6 Closed requests
3.6.1 Requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
5
Percentage of requests closed within legislated timelines (%)
71.42857143
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
2
0
2
0
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
0
2
2
31 to 60 Days
0
0
0
61 to 120 Days
0
0
0
121 to 180 Days
0
0
0
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
0
2
2
3.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e)
Paragraph 8(2)(m)
Subsection 8(5)
Total
0
0
0
0
Section 5: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received
Number
Notations attached
0
Requests for correction accepted
0
Total
0
Section 6: Extensions
6.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
3
0
0
0
0
0
3
0
0
6.2 Length of extensions
Length of Extensions
15(a)(i) Interference with operations
9(1)(b) Consultation
9(1)(b) Consultation
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
1 to 15 days
0
0
0
0
0
0
0
0
16 to 30 days
0
0
0
0
0
3
0
0
31 days or greater
0
0
Total
0
0
0
0
0
3
0
0
Section 7: Consultations Received From Other Institutions and Organizations
7.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
1
52
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
1
52
0
0
Closed during the reporting period
1
52
0
0
Carried over within regotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
1
0
0
0
0
0
1
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
1
0
0
0
0
0
1
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
1
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 8: Completion Time of Consultations on Cabinet Confidences
8.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
8.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 9: Complaints and Investigations Notices Received
Section 31
Section 33
Section 35
Court action
Total
0
0
0
0
0
Section 10: Privacy Impact Assessments (PIAs) and Personal Information Banks (PIBS)
10.1 Privacy Impact Assessments
Number of PIA(s) completed
Number of PIAs modified
1
0
10.2 Institution-specific and Central Personal Information Banks
Personal Information Banks
Active
Created
Terminated
Modified
Institution-specific
2
0
0
0
Central
0
0
0
0
Total
2
0
0
0
Section 11: Privacy Breaches
11.1 Material Privacy Breaches reported
Number of material privacy breaches reported to TBS
Number of material privacy breaches reported to OPC
1
1
11.2 Non-Material Privacy Breaches
Number of non-material privacy breaches
0
Section 12: Resources Related to the Privacy Act
12.1 Allocated Costs
Expenditures
Amount
Salaries
$24,082
Overtime
$0
Goods and Services
$0
Professional services contracts
$97,006
Other
$0
Total
$121,088
12.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
Full-time employees
0.300
Part-time and casual employees
0.000
Regional Staff
0.000
Consultants and agency personnel
0.500
Students
0.000
Total
0.800
Note: Enter values to three decimal places.
Appendix C: Supplemental Statistical Report on the Access to Information Act and Privacy Act
Section 1: Capacity to Receive Requests under the Access to Information Act and the Privacy Act
Number of weeks
Able to receive requests by mail
52
Able to receive requests by email
52
Able to receive requests through the digital request service
52
Section 2: Capacity to Process Records under the Access to Information Act and the Privacy Act
2.1 Number of weeks your institution was able to process paper records in different classification levels
No capacity
Partial Capacity
Full capacity
Total
Unclassified Paper Records
0
0
52
52
Protected B Paper Records
0
0
52
52
Secret and Top Secret Paper Records
0
0
52
52
2.2 Number of weeks your institution was able to process electronic records in different classification levels
National Security and Intelligence Review Agency Secretariat
Government official responsible for the PIA
John Davies Executive Director
Head of the government institution or Delegate for section 10 of the Privacy Act
John Davies Executive Director, NSIRA
Standard or institution specific personal information bank:
Most standard PIBs apply to NSIRA’s internal services. Also, this PIA implicates the two former SIRC PIBs (Complaints, SIR PPU 005 and Contracts, SIR PPU 010), as well as the recommendation that a Review specific PIB is necessary pursuant to paragraph 10(1)(b) of the Privacy Act.
Legislated authority for activity:
NSIRA was established pursuant to section 3 of the National Security and Intelligence Review Agency Act (NSIRA Act), which came into force on July 12, 2019. NSIRA is largely comprised of the main components of the former Security Intelligence Review Committee (SIRC), which had been established pursuant to the Canadian Security Intelligence Service Act, and it also assumed the responsibilities of the former Office of the Communications Security Establishment Commissioner (OCSEC), as established by the National Defence Act.
The transition from the above two organizations to the new NSIRA (with an expanded mandate) is governed by the National Security Act, 2017.
The legal authority for NSIRA’s personal information collection, use and disclosure in accordance with its mandate is derived from its enabling legislation, the NSIRA Act; most notably, section 8.
Summary of the project / initiative/ change: Due to the creation of NSIRA through the transfer of the former SIRC and OCSEC, as well as an expanded mandate, this Privacy Impact Assessment (PIA) was intended as a high-level assessment of the NSIRA as it was developing its procedures and policies, including but not limited to, an overarching privacy policy suite.
The intent of the PIA was to assess any risks or gaps present at the time of the assessment and to ensure proper privacy standards and safeguards are in place or improved upon in a timely manner.
NSIRA’s collection of personal information is integrated into its review process wherein it collects such information from the federal institutions for which it is conducting a review. However, the collection of personal information for reviews is for a non-administrative purpose – NSIRA’s use is to complete a review of the institution only; no decision is made in regard to the individuals whose personal information personnel access.
NSIRA also has a complaints and investigations mandate which involves the collection of personal information directly from complainants and decisions that directly impact the individual (administrative purpose). At the writing of the PIA, that activity was under review and change, therefore, that program was not assessed as part of this PIA. Instead, a subsequent and fulsome PIA on that specific program activity will be performed later in FY 2021-22.
NSIRA’s Secretariat also collects information on its employees in order to perform various employer services such as pay, benefits, and leave, as well as security screening.
This high level PIA identified ten risks and 18 corresponding recommendations to mitigate those risks. None of the risks were considered High and all mitigation measures will be completed before the end of FY 2021-22.
Risk Area Identification and Categorization
In its Directive on Privacy Impact Assessment, TB has expressed that the PIA must include a completed risk area identification and categorization section, which must be made public. A risk rating must be assigned to each risk area named and described in Appendix C of the TB Directive on Privacy Impact Assessment. The numbered risk scale is presented in an ascending order: the first level (1) represents the lowest level of potential risk for the risk area; the fourth level (4) represents the highest level of potential risk for the given risk area. For this PIA the risk areas and associated risk levels vary due to the broad scope of the PIA to include HR and security screening, and other internal services, as well as the review function of the NSIRA mandate.
Risk Area
Risk Level
Type of Program or Activity
Criminal investigation and enforcement / National Security
Personal information is used for investigations and enforcement in a criminal context (i.e. decisions may lead to criminal charges/sanctions or deportation for reasons of national security or criminal enforcement).
4
Type of Personal Information Involved and Context
Sensitive personal information, including detailed profiles, allegations or suspicions, bodily samples and/or the context surrounding the personal information is particularly sensitive.
For example: personal information that reveals intimate details on the health, financial situation, religious or lifestyle choices of the individual and which, by association, reveals similar details about other individuals such as relatives.
4
Program or Activity Partners and Private Sector Involvement
With other federal institutions and in limited instances – Private sector organizations or international organizations or foreign governments
4
Duration of the Program or Activity
Long-term program
Existing program that has been modified or is established with no clear “sunset”.
3
Program Population
The program affects certain individuals for non-administrative purposes, as well as NSIRA employees for internal administrative purposes.
3
Technology and Privacy
The creation of NSIRA requires the management of new networks to manage the sensitive personal information collected by the Agency under its review mandate, as well as the personal information of Secretariat employees.
N/A
Personal Information Transmission
The personal information is transferred to a portable device or is printed.
USB key, diskette, laptop computer, any transfer of the personal information to a different medium.
3
In the Event of a Privacy Breach, Impact on the Individual
A privacy breach of employee information may have moderate to significant reputational or financial harm. The amount of sensitive personal details (criminal records, audio files of security interviews) and documents (credit reports) is significant and could, at times, support identity theft. However, the more likely impact is embarrassment and reputational harm. Also, the breach of any vaccination attestation, accommodation, or rapid testing information could have minor to significant reputational harm on an NSIRA Secretariat employee or GIC Appointee (Executive Director and NSIRA Members).
The National Security and Intelligence Review Agency (NSIRA) is pleased to submit to Parliament its annual report on the administration of the Access to Information Act (ATIA) for the fiscal year commencing April 1, 2020, and ending March 31, 2021. This annual report is presented in accordance with section 94 of the ATIA, whose purpose is to provide the right of access to records under the control of government institutions.
NSIRA is an independent and external review body that reports to Parliament on its operations under the National Security and Intelligence Review Agency Act (NSIRA Act). NSIRA reviews all Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA also investigates public complaints regarding key national security agencies and activities.
Review mandate
NSIRA has a statutory mandate to review activities of the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security and intelligence activities of all other federal departments and agencies. This includes, but is not limited to, the national security and intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency, the Department of National Defence, Global Affairs Canada and the federal Department of Justice.
To fulfil its mandate, NSIRA has unfettered access to classified information. This includes any and all information held by, or under the control of, departments and agencies, including information subject to legal privilege. NSIRA independently determines which information is relevant to the conduct of its reviews. The sole exception to NSIRA’s right to access is information considered a Cabinet confidence.
In carrying out reviews, NSIRA may make any findings and recommendations it considers appropriate. In accordance with the NSIRA Act, however, it will pay particular attention to whether government activities are lawful and comply with ministerial direction and whether the activities are reasonable and necessary.
Complaints mandate
Some of the activities under NSIRA’s complaints mandate are the complaints investigation functions inherited from the Security Intelligence Review Committee (SIRC). SIRC was responsible for hearing public complaints regarding the actions of CSIS. SIRC was also responsible for complaints related to the Government of Canada security clearance process, as well as specific matters and reports referred to under the Citizenship Act and the Canadian Human Rights Act.
In addition to these SIRC-related activities, NSIRA investigates complaints against CSE, as well as complaints against the RCMP that are referred by the Civilian Review and Complaints Commission (CRCC). The CRCC will continue to review all other activities of the RCMP.
Organizational structure
The responsibility for the administration of the ATIA is delegated to NSIRA’s Executive Director and further subdelegated to the Access to Information and Privacy (ATIP) Coordinator, as set out in the ATIA Designation Order in Appendix A.
The person holding the position or acting in the position of Executive Director has full delegation to exercise or perform any of the powers, duties and functions under the ATIA.
The ATIP Coordinator operates under a restricted delegation. The ATIP Coordinator works with the Executive Director’s Office, Legal Services and the Review Directorate to meet requirements of the ATIP program.
The ATIP Coordinator is a member of the Corporate Services Directorate and trained in ATIP legislation and review.
Delegation Order
Pursuant to subsection 95(1) of the ATIA, the Executive Director of NSIRA has the duty to exercise full authorities under the ATIA legislation and regulations.
The Executive Director also designated the person holding the position or acting in the position of the ATIP Coordinator with delegation of specific sections and subsections (see Appendix A).
Highlights of the 2020-21 statistical report
This report is an accounting of NSIRA’s activities related to the administration of the ATIA in the 2020–21 fiscal year. NSIRA’s 2020-21 statistical report on the ATIA, from which the data in this report is derived, is provided in Appendix B.
Access to information requests
NSIRA received one new request under the ATIA during this reporting period; it was abandoned within 30 days. One request was carried over from the previous year; it was not closed during this reporting period because NSIRA needed to conduct external consultations.
Consultation requests
NSIRA received seven consultation requests in addition to three carried over from the previous reporting period. All 10 consultations were closed during the reporting period for a total of 373 pages reviewed. No consultations were carried over to the next reporting period.
As shown in the graphic below, 80% of the NSIRA’s consultations were closed within four months, with the remaining 20% closed within six months. Whenever NSIRA receives a consultation request, it often has to make its own consultation requests to the departments and agencies it reviews prior to delivering a decision on disclosing the information
Pandemic impacts
In March 2020, NSIRA implemented exceptional workplace measures to curb the spread of COVID-19 and to protect federal employees and the public. These measures have limited NSIRA’s access to a secure office space, as well as access to the facilities and information of the departments and agencies it reviews.
Training and awareness
During the reporting period, one employee participated in a specialized training session concerning responsibilities relating to access to information and privacy. Guidance to employees and managers on access to information matters was provided on an ad hoc basis (e.g., in person, by email and through NSIRA’s electronic newsletter).
Access to information policies, guidelines, procedures and initiatives
During the reporting period, NSIRA did not implement any new institution-specific policies, guidelines, procedures or initiatives related to access to information. However, management is committed to implementing the procedures and guidelines to ensure employees are aware of their responsibilities with respect to ATI requests and to support NSIRA’s compliance with the requirements of the ATIA.
Complaints and investigations
Over the period covered by this report, the Information Commissioner of Canada did not receive any complaints against NSIRA under the ATIA, nor did the Information Commissioner undertake any ATIA-related audit or investigation of NSIRA.
Monitoring processing time
Request processing times are monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to an ATIA request appear to be at risk.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2020–21 Statistical Report on the Access to Information Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2019-04-01 – 2020-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
1
Outstanding from previous reporting period
1
Total
2
Closed during reporting period
1
Carried over to next reporting period
1
1.2 Sources of requests
Source
Number of Requests
Media
0
Academia
0
Business (private sector)
0
Organization
0
Public
1
Decline to Identify
0
Total
1
1.3 Informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
0
0
0
0
0
0
0
Section 2: Decline to act vexatious, made in bad faith or abuse of right requests
Number of Requests
Outstanding from previous reporting period
0
Sent during reporting period
0
Total
0
Approved by the Information Commissioner during reporting period
0
Declined by the Information Commissioner during reporting period
0
Carried over to next reporting period
0
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
0
0
0
0
0
0
0
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
0
1
0
0
0
0
0
1
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
0
1
0
0
0
0
0
1
3.2 Exemptions
Section
Numbers of Requests
13(1)(a)
0
13(1)(b)
0
13(1)(c)
0
13(1)(d)
0
13(1)(e)
0
14
0
14(a)
0
14(b)
0
15(1) – I. A. *
0
15(1) – Def. *
0
15(1) – S.A. *
0
16(1)(a)(i)
0
16(1)(a)(ii)
0
16(1)(a)(iii)
0
16(1)(b)
0
16(1)(c)
0
16(1)(d)
0
16(2)
0
16(2)(a)
0
16(2)(b)
0
16(2)(c)
0
16(3)
0
16.1(1)(a)
0
16.1(1)(b)
0
16.1(1)(c)
0
16.1(1)(d)
0
16.2(1)
0
16.3
0
16.31
0
16.4(1)(a)
0
16.4(1)(b)
0
16.5
0
16.6
0
17
0
18(a)
0
18(b)
0
18(c)
0
18(d)
0
18.1(1)(a)
0
18.1(1)(b)
0
18.1(1)(c)
0
18.1(1)(d)
0
19(1)
0
20(1)(a)
0
20(1)(b)
0
20(1)(b.1)
0
20(1)(c)
0
20(1)(d)
0
20.1
0
20.2
0
20.4
0
21(1)(a)
0
21(1)(b)
0
21(1)(c)
0
21(1)(d)
0
22
0
22.1(1)
0
23
0
23.1
0
24(1)
0
26
0
* I.A.: International Affairs * Def.: Defence of Canada * S.A.: Subversive Activities
3.3 Exclusions
Section
Numbers of Requests
68(a)
0
68(b)
0
68(c)
0
68.1
0
68.2(a)
0
68.2(b)
0
69(1)
0
69(1)(a)
0
69(1)(b)
0
69(1)(c)
0
69(1)(d)
0
69(1)(e)
0
69(1)(f)
0
69(1)(g) re (a)
0
69(1)(g) re (b)
0
69(1)(g) re (c)
0
69(1)(g) re (d)
0
69(1)(g) re (e)
0
69(1)(g) re (f)
0
69.1(1)
0
3.4 Format of information released
Paper
Electronic
Other
0
0
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
0
0
0
3.5.2 Relevant pages processed per request disposition by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
0
0
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
1
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Declined to act with the approval of the information Commissioner
0
0
0
0
0
0
0
0
0
0
Total
1
0
0
0
0
0
0
0
0
0
3.5.3 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
0
0
0
0
0
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
0
Total
0
0
0
0
0
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
1
Percentage of requests closed within legislated timelines (%)
100
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
0
0
0
0
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
0
0
0
31 to 60 Days
0
0
0
61 to 120 Days
0
0
0
121 to 180 Days
0
0
0
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
0
0
0
3.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Extensions
4.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
All disclosed
0
0
0
0
Disclosed in part
0
0
0
0
All exempted
0
0
0
0
All excluded
0
0
0
0
No records exist
0
0
0
0
Request abandoned
0
0
0
0
Declined to act with the approval of the Information Commissioner
0
0
0
0
Total
0
0
0
0
4.2 Length of extensions
Length of Extensions
9(1)(a) Interference With Operations/Workload
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
30 days or less
0
0
0
0
31 to 60 days
0
0
0
0
61 to 120 days
0
0
0
0
121 to 180 days
0
0
0
0
181 to 365 days
0
0
0
0
365 days or more
0
0
0
0
Total
0
0
0
0
Section 5: Fees
Fee Type
Fee Collected
Fee Waived or Refunded
Requests
Amount
Requests
Amount
Application
0
$0.00
1
$5.00
Other fees
0
$0.00
0
$0.00
Total
0
$0.00
1
$5.00
Section 6: Consultations Received From Other Institutions and Organizations
6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
7
129
0
0
Outstanding from the previous reporting period
3
244
0
0
Total
10
373
0
0
Closed during the reporting period
10
373
0
0
Carried over to next reporting period
0
0
0
0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
1
1
1
0
1
0
0
4
Disclose in part
0
3
0
1
1
0
0
5
Exempt entirely
0
1
0
0
0
0
0
1
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
1
5
1
1
2
0
0
10
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 7: Completion Time of Consultations on Cabinet Confidences
7.1 Requests with Legal Services
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
7.2 Requests with Privy Council Office
Number of Days
Fewer Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
More than 365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 8: Complaints and investigations
Section 32 Notice of intention to investigate
Subsection 30(5) Ceased to investigate
Section 35 Formal Representations
Section 37 Reports of finding received
Section 37 Reports of finding containing recommendations issued by the Information Commissioner
Section 37 Reports of finding containing orders issued by the Information Commissioner
0
0
0
0
0
0
Section 9: Court Action
9.1 Court actions on complaints received before June 21, 2019 and on-going
Section 41 (before June 21, 2019)
Section 42
Section 44
0
0
0
9.2 Court actions on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
Section 10: Resources Related to the Access to Information Act
10.1 Costs
Expenditures
Amount
Salaries
$56,192
Overtime
$0
Goods and Services
$0
Professional services contracts
$0
Other
$0
Total
$56,192
10.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
The National Security and Intelligence Review Agency (NSIRA) is pleased to submit to Parliament its annual report on the administration of the Privacy Act for the fiscal year commencing April 1, 2020, and ending March 31, 2021. This annual report is presented in accordance with section 72 of the Privacy Act, whose purpose is to protect the privacy of individuals with respect to the personal information held by a government institution and to provide a right of access to that information.
NSIRA is an independent and external review body that reports to Parliament on its operations under the National Security and Intelligence Review Agency Act (NSIRA Act). NSIRA reviews all Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA also investigates public complaints regarding key national security agencies and activities.
Review mandate
NSIRA has a statutory mandate to review activities of the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE), as well as the national security and intelligence activities of all other federal departments and agencies. This includes, but is not limited to, the national security and intelligence activities of the Royal Canadian Mounted Police (RCMP), the Canada Border Services Agency, the Department of National Defence, Global Affairs Canada, and the federal Department of Justice.
To fulfil its mandate, NSIRA has unfettered access to classified information. This includes any and all information held by, or under the control of, departments and agencies, including information subject to legal privilege. NSIRA independently determines which information is relevant to the conduct of its reviews. The sole exception to NSIRA’s right to access information is when the information is considered a Cabinet confidence.
In carrying out reviews, NSIRA may make any findings and recommendations it considers appropriate. In accordance with the NSIRA Act, however, it will pay particular attention to whether government activities are lawful and comply with ministerial direction, and to whether the activities are reasonable and necessary.
Complaints mandate
Some of the activities under NSIRA’s complaints mandate are the complaints investigation functions inherited from the Security Intelligence Review Committee (SIRC). SIRC was responsible for hearing public complaints regarding the actions of CSIS. SIRC was also responsible for complaints related to the Government of Canada security clearance process, as well as specific matters and reports referred to under the Citizenship Act and the Canadian Human Rights Act.
In addition to these SIRC-related activities, NSIRA investigates complaints against CSE, as well as complaints against the RCMP that are referred by the Civilian Review and Complaints Commission (CRCC). The CRCC will continue to review all other activities of the RCMP.
Organization Structure
The responsibility for the administration of the Privacy Act is delegated to NSIRA’s Executive Director and further subdelegated to the Access to Information and Privacy (ATIP) Coordinator, as set out in the Privacy Act Designation Order in Appendix A.
The person holding the position or acting in the position of Executive Director has full delegation to exercise or perform any of the powers, duties and functions under the Privacy Act. The ATIP Coordinator operates under a restricted delegation.
The ATIP Coordinator works with the Executive Director’s Office, Legal Services and the Review Directorate to meet requirements of the ATIP program.
The ATIP Coordinator is a member of the Corporate Services Directorate and trained in ATIP legislation and review.
Delegation Order
Pursuant to subsection 73 of the Privacy Act, the Executive Director of NSIRA has the duty to exercise full authorities under the Privacy Act legislation and regulations.
The Executive Director also designated the person holding the position or acting in the position of the ATIP Coordinator with delegation of specific sections and subsections (see Appendix A).
Highlights of the 2020-21 statistical report
This report is an accounting of NSIRA’s activities related to the administration of the Privacy Act in the 2020–21 fiscal year. NSIRA’s 2020-21 statistical report on the Privacy Act, from which the data in this report is derived, is provided in Appendix B.
Privacy Act requests
NSIRA received four new requests under the Privacy Act during the reporting period. Of those requests, three were closed within 30 days and one was closed between 61 and 120 days, representing 75% closed within legislated timelines. The request that needed an extension required NSIRA to consult with another Government of Canada department.
The following table shows that 100% of requests under the Privacy Act, where records existed, were disclosed in part.
Consultation requests
NSIRA did not received any requests for consultation under the Privacy Act during the reporting period.
Pandemic impacts
In March 2020, NSIRA implemented exceptional workplace measures to curb the spread of COVID-19 and to protect federal employees and the public. These measures have limited NSIRA’s access to a secure office space, as well as access to the facilities and information of the departments and agencies it reviews, delaying the completion of one Privacy Act request.
Training and awareness
During the reporting period, one employee participated in a specialized training session concerning responsibilities relating to access to information and privacy. Guidance to employees and managers on access to information matters was provided on an ad hoc basis (e.g., in person, by email and through NSIRA’s electronic newsletter).
Privacy policies, guidelines, procedures and initiatives
During the reporting period, NSIRA did not implement any new institution-specific policies, guidelines, procedures or initiatives related to the Privacy Act requirements. However, management is committed to implementing a policy, procedures and guidelines to support NSIRA and its employees in meeting their Privacy obligations.
Complaints and investigations
Over the period covered by this report, the Privacy Commissioner of Canada did not receive any complaints against NSIRA under the Privacy Act, nor did the Privacy Commissioner undertake any audit or investigation of NSIRA.
Monitoring processing time
Request processing time is monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines for responding to a Privacy Act request appear to be at risk.
Material Privacy Breaches
In March 2021, NSIRA was the victim of a cyber attack on its public-facing network. The resulting network breach was reported to the Office of the Privacy Commissioner (OPC) and the Treasury Board Secretariat (TBS). Consistent with the Privacy Act, TBS requirements and advice from the OPC, the affected individuals were notified of the breach and how it could affect them.
Privacy Impact Assessments
Over the fiscal year, NSIRA continued to work toward completing a privacy impact assessment (PIA) of its activities. Due to COVID-19 restrictions, the PIA was not completed by March 31, 2021, as previously communicated. NSIRA has since hired a consultant to complete the PIA and begun to implement preliminary recommendations.
NSIRA also intends to conduct a PIA with respect to material revisions made to its complaints investigation service line.
Public Interest Disclosures
No disclosures were made under paragraph 8(2)(m) of the Privacy Act during this reporting period.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2020–21 Statistical Report on the Privacy Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2019-04-01 – 2020-03-31
Section 1: Request Under the Privacy Act
1.1 Number of Requests
Number of Requests
Received during reporting period
4
Outstanding from previous reporting period
0
Total
4
Closed during reporting period
0
Carried over to next reporting period
0
Section 2: Requests Closed During the Reporting Period
2.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
1
0
1
0
0
0
2
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
2
0
0
0
0
0
2
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
0
3
0
1
0
0
0
4
2.2 Exemption
Section
Numbers of Requests
18(2)
0
19(1)(a)
0
19(1)(b)
0
19(1)(c)
0
19(1)(d)
0
19(1)(e)
0
19(1)(f)
0
20
0
21
1
22(1)(a)(i)
0
22(1)(a)(ii)
0
22(1)(a)(iii)
0
22(1)(b)
1
22(1)(c)
0
22(2)
0
22.1
0
22.2
0
22.3
0
22.4
0
23(a)
0
23(b)
0
24(a)
0
24(b)
0
25
1
26
1
27
1
27.1
0
28
0
2.3 Exclusions
Section
Numbers of Requests
69(1)(a)
0
69(1)(b)
0
69.1
0
70(1)
0
70(1)(a)
0
70(1)(b)
0
70(1)(c)
0
70(1)(d)
0
70(1)(e)
0
70(1)(f)
0
70.1
0
2.4 Format of information released
Paper
Electronic
Other
1
1
0
2.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
146
135
2
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
0
0
0
0
0
0
0
0
0
0
Disclosed in part
1
1
1
134
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Total
1
1
1
134
0
0
0
0
0
0
2.5.3 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
1
0
0
0
1
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
1
0
0
0
1
2.6 Closed Requests
2.6.1 Number of requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
3
Percentage of requests closed within legislated timelines (%)
75
2.7 Deemed refusals
2.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
1
0
1
0
0
2.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
0
0
0
31 to 60 Days
0
1
1
61 to 120 Days
0
0
0
121 to 180 Days
0
0
0
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
0
1
1
2.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 3: Disclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e)
Paragraph 8(2)(m)
Subsection 8(5)
Total
0
0
0
0
Section 4: Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received
Number
Notations attached
0
Requests for correction accepted
0
Total
0
Section 5: Extensions
5.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
All disclosed
0
0
0
0
Disclosed in part
0
0
0
0
All exempted
0
0
0
0
All excluded
0
0
0
0
No records exist
0
0
0
0
Request abandoned
0
0
0
0
Total
0
0
0
0
5.2 Length of extensions
Number of requests where an extension was taken
15(a)(i) Interference with operations
15(a)(iii) Consultations
15(b) Translation purposes or conversion
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet Confidence Section (Section 70)
External
Internal
1 to 15 days
0
0
0
0
0
0
0
0
16 to 30 days
0
0
0
0
0
1
0
0
31 days or greater
0
Total
0
0
0
0
0
1
0
0
Section 6: Consultations Received From Other Institutions and Organizations
6.1 Consultations received from other Government of Canada institutions
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
0
0
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
0
0
0
0
Closed during the reporting period
0
0
0
0
Carried over to next reporting period
0
0
0
0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
6.3 Recommendations and completion time for consultations received from other organizations
Recommendation
Number of Days Required to Complete Consultation Requests
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 7: Completion Time of Consultations on Cabinet Confidences
7.1 Requests with Legal Services
Number of Days
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
7.2 Requests with Privy Council Office
Number of Days
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 8: Complaints and investigations
Section 31
Section 33
Section 35
Court action
Total
0
0
0
0
0
Section 9: Privacy Impact Assessments (PIA) and Personal Information Banks (PIB)
9.1 Privacy Impact Assessments
Number of PIA(s) completed
0
9.2 Personal Information Banks
Personal Information Banks
Active
Created
Terminated
Modified
0
0
0
0
Section 10: Material Privacy Breaches
Number of material privacy breaches reported to TBS
Number of material privacy breaches reported to OPC
0
0
Section 11: Resources Related to the Privacy Act
11.1 Costs
Expenditures
Amount
Salaries
$24,082
Overtime
$0
Goods and Services
$0
Professional services contracts
$0
Other
$0
Total
$24,082
11.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
The Privacy Act (PA) gives individuals the right of access to personal information about them held by the government, subject to limited and specific exceptions. It also protects privacy by preventing unauthorized access to personal information and by giving the individuals substantial control over the collection, use and disclosure of their personal information.
The National Security and Intelligence Review Agency (NSIRA) is pleased to submit to Parliament its annual report on the administration of the PA for the fiscal year commencing April 1, 2019 and ending March 31, 2020. This report is submitted in accordance with section 72 of the PA.
The NSIRA is a new independent external review body, which reports to Parliament. NSIRA was established in July 2019 and is responsible to conduct reviews of the Government of Canada national security and intelligence activities to ensure that they are lawful, reasonable and necessary. NSIRA also hears public complaints regarding key national security agencies and activities. NSIRA replaces the Security Intelligence Review Committee (SIRC), which reviewed Canadian Security Intelligence Service activities as well as those related to the revocation or denial of security clearances. NSIRA will also now hear complaints regarding the Communications Security Establishment and national security-related complaints regarding the Royal Canadian Mounted Police.
Organization Structure
The responsibility of the administration of the PA is delegated to NSIRA’s Executive Director and further sub-delegated to the Access to Information and Privacy (ATIP) Coordinator consistent with the Designation Order provided in Appendix “A”.
The person holding the position or acting in the position of Executive Director has full delegation to exercise or perform any of the powers, duties and functions under the PA. The ATIP Coordinator operates under a restricted delegation.
The coordinator works with the Executive Director’s Office, Legal and Registry Services, and the Review directorate to meet requirements of the ATIP program.
The function is performed by a trained employee who is a member of the Corporate Services directorate.
Delegation Order
A signed and dated copy of the Delegation Order, in effect at the end of this reporting period is attached as Appendix A.
Performance
NSIRA received four requests under the PA. Three of these requests (75%) were closed during the reporting period. Two of the three requests delivered, were delivered outside legislative timelines. The volume of requests received remained low, only one request was received the previous fiscal year. One of the requests delivered outside of legislative timelines evolved into a complaint that was later closed on January 1, 2020 by the Office of the Privacy Commissioner (OPC).
The second request was received March 18, 2020 and the response provided on June 17, 2020 or 45 days after the legislative deadline.
COVID-19 has greatly disrupted NSIRA’s work and challenged the organization to meet corporate deadlines. During the reporting period, one privacy request was affected.
Since that time, the NSIRA has implemented additional tools to increasingly enable employees to function well while working from home during the pandemic. Given the sensitivity level of NSIRA information holdings and the minimal amount of records that have been digitized, searches are not typically able to be performed remotely.
A statistical summary showing the disposition of the requests is attached as Appendix B.
Training and awareness
For the reporting period, NSIRA was in existence for eight months. NSIRA has individual employee and management training to support the completion of privacy requests received. However, management is committed to implementing a Privacy training and awareness program for its managers and employees to ensure NSIRA complies with the PA requirements.
Access to information (Policies, guidelines, procedures and initiatives)
NSIRA was successfully on-boarded to the Treasury Board Secretariat (TBS) Automated On-line Request Service in October 2019. NSIRA implemented basic procedures and shared the necessary information to ensure its employees and managers complied with the policies and guidelines of the TBS on access to information.
Complaints and investigations
NSIRA received one new complaint during this reporting period. The OPC found the complaint to be well founded and the file was closed on January 21, 2020.
Monitoring processing time
Request processing time is monitored through the Access Pro software dashboard. The ATIP Coordinator notifies the Executive Director and suggests a course of action should any legislative timelines appear to be at risk.
Material Privacy Breaches
No material privacy breaches were reported to the OPC and to TBS (Information and Privacy Policy Division) during the reporting period.
Privacy Impact Assessments
Bill C-59 received Royal Assent on June 21, 2019 and National Security and Intelligence Review Agency Act came into force July 12, 2019. One of the Act’s requirement was for the conduct of a Privacy Impact Assessment (PIA) of NSIRA’s activities.
Over the course of the year the PIA was completed by an external expert. The PIA was aimed at providing recommendations and guidance to ensure that NSIRA’s programs and activities comply with the spirit and requirements of the PA, the generally accepted privacy principles as well as the internationally recognized privacy standards.
Results and recommendations were shared with NISRA’s senior management team just prior to the Covid-19 pandemic. NSIRA’s management is in the process of developing a management action plan to address the assessment’s recommendations.
Public Interest Disclosures
No disclosures were made under paragraph 8 (2)(m) of the PA during this reporting period.
Appendices
Appendix A: Delegation Order
Access to Information Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 95 of the Access to Information Act, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Access to Information Act set out in the schedule opposite each position.
Privacy Act Designation Order
The Executive Director of the National Security and Intelligence Review Agency, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions or acting in these positions, set out in the schedule hereto to exercise the powers and perform the duties and functions of the Executive Director of the National Security and Intelligence Review Agency as the head of a government institution under the section of the Privacy Act set out in the schedule opposite each position.
Appendix B: 2019-2020 Statistical Report on the Privacy Act
Name of institution: National Security and Intelligence Review Agency
Reporting period: 2019-04-01 – 2020-03-31
Section 1: Request Under the Access to Information Act
1.1 Number of Requests
Number of Requests
Received during reporting period
1
Outstanding from previous reporting period
2
Total
3
Closed during reporting period
2
Carried over to next reporting period
1
1.2 Source of Requests
Source
Number of Requests
Online
4
E-Mail
3
Mail
0
In person
0
Phone
0
Fax
0
Total
7
1.3 Informal requests
Completion Time
1 to 15 days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More than 365 Days
Total
0
0
0
0
0
0
0
0
Section 2: Decline to act on vexatious, made in bad faith or abuse of right requests
Number of Requests
Outstanding from previous reporting period
0
Sent during reporting period
0
Total
0
Approved by the Information Commissioner during reporting period
0
Declined by the Information Commissioner during reporting period
0
Carried over to next reporting period
0
Section 3: Requests Closed During the Reporting Period
3.1 Disposition and completion time
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
All disclosed
0
0
0
0
0
0
0
0
Disclosed in part
0
1
0
0
1
0
0
2
All exempted
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
No records exist
0
0
0
0
0
0
0
0
Request transferred
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
0
1
0
0
1
0
0
2
3.2 Exemption
Section
Numbers of Requests
13(1)(a)
0
13(1)(b)
0
13(1)(c)
0
13(1)(d)
0
13(1)(e)
0
14
0
14(a)
0
14(b)
0
15(1) – I. A. *
0
15(1) – Def. *
0
15(1) – S.A. *
0
16(1)(a)(i)
0
16(1)(a)(ii)
0
16(1)(a)(iii)
0
16(1)(b)
0
16(1)(c)
1
16(1)(d)
0
16(2)
0
16(2)(a)
0
16(2)(b)
0
16(2)(c)
1
16(3)
0
16.1(1)(a)
0
16.1(1)(b)
0
16.1(1)(c)
0
16.1(1)(d)
0
16.2(1)
0
16.3
0
16.31
0
16.4(1)(a)
0
16.4(1)(b)
0
16.5
0
16.6
0
17
1
18(a)
0
18(b)
0
18(c)
0
18(d)
0
18.1(1)(a)
0
18.1(1)(b)
0
18.1(1)(c)
0
18.1(1)(d)
0
19(1)
0
20(1)(a)
0
20(1)(b)
0
20(1)(b.1)
0
20(1)(c)
0
20(1)(d)
0
20.1
0
20.2
0
20.4
0
21(1)(a)
0
21(1)(b)
0
21(1)(c)
0
21(1)(d)
0
22
0
22.1(1)
0
23
0
23.1
0
24(1)
1
26
0
* I.A.: International Affairs * Def.: Defence of Canada * S.A.: Subversive Activities
3.3 Exclusions
Section
Numbers of Requests
68(a)
0
68(b)
0
68(c)
0
68.1
0
68.2(a)
0
68.2(b)
0
69(1)
0
69(1)(a)
0
69(1)(b)
0
69(1)(c)
0
69(1)(d)
0
69(1)(e)
0
69(1)(f)
0
69(1)(g) re (a)
0
69(1)(g) re (b)
0
69(1)(g) re (c)
0
69(1)(g) re (d)
0
69(1)(g) re (e)
0
69(1)(g) re (f)
0
69.1(1)
0
3.4 Format of information released
Paper
Electronic
Other
1
1
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed
Number of Pages Processed
Number of Pages Disclosed
Number of Requests
13
13
2
3.5.2 Relevant pages processed and disclosed by size of requests
Disposition
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
All disclosed
0
0
0
0
0
0
0
0
0
0
Disclosed in part
2
13
0
0
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Total
2
13
0
0
0
0
0
0
0
0
3.5.3 Other complexities
Disposition
Consultation Required
Assessment of Fees
Legal Advice Sought
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
2
0
0
0
2
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
2
0
0
0
2
3.6 Closed Requests
3.6.1 Number of requests closed within legislated timelines
Requests closed within legislated timelines
Number of requests closed within legislated timelines
1
Percentage of requests closed within legislated timelines (%)
50
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of Requests Closed Past the Legislated Timelines
Principal Reason
Interference with Operations/Workload
External Consultation
Internal Consultation
Other
1
0
1
0
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of Days Past Legislated Timelines
Number of Requests Past Legislated Timeline Where No Extension Was Taken
Number of Requests Past Legislated Timeline Where an Extension Was Taken
Total
1 to 15 Days
0
0
0
16 to 30 Days
0
0
0
31 to 60 Days
0
0
0
61 to 120 Days
0
0
0
121 to 180 Days
1
0
1
181 to 365 Days
0
0
0
More than 365 Days
0
0
0
Total
1
0
1
3.8 Requests for translation
Translation Requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Extensions
4.1 Reasons for extensions and disposition of requests
Disposition of Requests Where an Extension Was taken
9(1)(a) Interference With Operations
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
All disclosed
0
0
0
0
Disclosed in part
0
0
0
0
All exempted
0
0
0
0
All excluded
0
0
0
0
No records exist
0
0
0
0
Request abandoned
0
0
0
0
Total
0
0
0
0
4.2 Length of extensions
Length of Extensions
9(1)(a) Interference With Operations
9(1)(b) Consultation
9(1)(c) Third-Party Notice
Section 69
Other
30 days or less
0
0
0
0
31 to 60 days
0
0
0
0
61 to 120 days
0
0
0
0
121 to 180 days
0
0
0
0
181 to 365 days
0
0
0
0
363 days or more
0
0
0
0
Total
0
0
0
0
Section 5: Fees
Fee Type
Fee Collected
Fee Waived or Refunded
Requests
Amount
Requests
Amount
Application
0
$0
0
$0
Other fees
0
$0
0
$0
Total
0
$0
0
$0
Section 6: Consultations Received From Other Institutions and Organizations
6.1 Consultations received from other Government of Canada institutions
Consultations
Other Government of Canada Institutions
Number of Pages to Review
Other Organizations
Number of Pages to Review
Received during reporting period
15
0
0
0
Outstanding from the previous reporting period
1
0
0
0
Total
16
0
0
0
Closed during the reporting period
14
0
0
0
Carried over to next reporting period
2
0
0
0
6.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
2
0
0
0
0
0
2
Disclose in part
5
3
0
1
0
0
0
9
Exempt entirely
1
0
1
0
0
0
0
2
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
1
0
0
0
1
Total
6
5
1
2
0
0
0
14
6.3 Recommendations and completion time for consultations received from other organizations
Disposition of Requests
Completion Time
1 to 15 Days
16 to 30 Days
31 to 60 Days
61 to 120 Days
121 to 180 Days
181 to 365 Days
More Than 365 Days
Total
Disclose entirely
0
0
0
0
0
0
0
0
Disclose in part
0
0
0
0
0
0
0
0
Exempt entirely
0
0
0
0
0
0
0
0
Exclude entirely
0
0
0
0
0
0
0
0
Consult other institution
0
0
0
0
0
0
0
0
Other
0
0
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Decline to act with the approval of the Information Commisioner
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
Section 7: Completion Time of Consultations on Cabinet Confidences
7.1 Requests with Legal Services
Number of Days
Less Than 100 Pages Processed
101-500 Pages Processed
501-1000 Pages Processed
1001-5000 Pages Processed
More Than 5000 Pages Processed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
Number of Requests
Pages Disclosed
1 to 15
0
0
0
0
0
0
0
0
0
0
16 to 30
0
0
0
0
0
0
0
0
0
0
31 to 60
0
0
0
0
0
0
0
0
0
0
61 to 120
0
0
0
0
0
0
0
0
0
0
121 to 180
0
0
0
0
0
0
0
0
0
0
181 to 365
0
0
0
0
0
0
0
0
0
0
365
0
0
0
0
0
0
0
0
0
0
Total
0
0
0
0
0
0
0
0
0
0
Section 8: Complaints and investigations
Section 32 Notice of intention to investigate
Subsection 30(5) Ceased to investigate
Section 35 Formal representations
Section 37 Reports of finding received
Section 37 Reports of finding containing recommendations issued by the information Commissioner
Section 37 Reports of finding containing orders issued by the information Commissioner
0
0
1
0
0
0
Section 9: Court Action
9.1 Court actions on complaints received before June 21, 2019 and on-going
Section 41 (before June 21, 2019)
Section 42
Section 44
0
0
0
9.2 Court actions on complaints received after June 21, 2019
Section 41 (after June 21, 2019)
Complainant (1)
Institution (2)
Third Party (3)
Privacy Commissioner (4)
Total
0
0
0
0
0
Section 10: Resources Related to the Access to Information Act
10.1 Costs
Expenditures
Amount
Salaries
$56,192
Overtime
$0
Goods and Services
$9,030
Professional services contracts
$9,030
Other
$0
Total
$65,222
10.2 Human Resources
Resources
Person Years Dedicated to Access to Information Activities
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