Date of Publishing:

From the Executive Director

The National Security and Intelligence Review Agency (NSIRA) marked its second full year of operation in 2021–22, and we continued to build institutional processes and systems throughout the period with the goal of putting the organization on a solid long-term footing.

We refined our review processes, with an emphasis on generating high-quality reviews by establishing interdisciplinary teams that incorporate subject-matter, legal and technological expertise. Throughout the year, we expanded our institutional understanding of the various departments and agencies that make up Canada’s security and intelligence community, and reviewed activities that had not previously been subject to independent scrutiny. We also developed a consistent way to assess the timeliness of departmental responses to support public reporting and transparency.

In 2021–22, we implemented new Rules of Procedure for our complaints investigation process that were based on a major consultation and reform in the year prior. These new rules are aimed at enhancing efficiency in the process, as well as access to justice for complainants. Our work on both reviews and complaints investigations was informed by our network of like-minded review and complaints investigation bodies, as well as our network of Canadian and international academics and civil society organizations.

We continued our practice of proactively redacting and releasing review reports on our website. As stated in the past, we consider this type of transparency vital to the development of an enhanced culture of accountability among departments and agencies involved in national security and intelligence activities.

We achieved much throughout the year despite the ongoing pandemic, thanks to the hard work of our talented and dedicated staff. I would like to thank our employees for their commitment during this period, and for the energy and enthusiasm that they bring to the continued growth of our organization.

John Davies
Executive Director
National Security and Intelligence Review Agency

Results at a glance

The National Security and Intelligence Review Agency (NSIRA) began operating in 2019 as a new independent accountability mechanism in Canada. Its broad review and investigations mandate covers the national security and intelligence activities of departments and agencies across the federal government. The agency’s total actual spending in 2021–22 amounted to $17,289,754 and its total actual full-time equivalents were 74.

For a significant part of the fiscal year, the pandemic required NSIRA staff to work remotely, limiting its access to classified materials that are critical to NSIRA’s work. To adjust, NSIRA revised its review plans and used innovative approaches to continue to advance its work. This included implementing strict rotating schedules to enable limited office access for classified work to continue safely and using videoconference technology where possible. This allowed NSIRA to fulfill its statutory obligations and uphold its commitments to Canadians. Despite the restrictions, NSIRA was able to enhance its scrutiny of Canada’s national security and intelligence activities.

Below are some of NSIRA’s achievements in 2021–22.

Review

NSIRA’s review of national security and intelligence activities undertaken by Government of Canada institutions ensures that ministers and Canadians are informed about whether these activities were lawful, reasonable and necessary.

During 2021–22, NSIRA completed and approved 10 reviews, including six dedicated to reviewing the activities of a specific department or agency and four interdepartmental reviews that involved more than a dozen departments and agencies. This helped to extend both the breadth and depth of NSIRA’s knowledge and experience.

NSIRA continued to develop and improve its review framework. With the creation of its Technology Directorate, for example, NSIRA boosted its capacity to do technical review. The review framework now embeds legal and technological experts in the review process at the outset of reviews and outlines a clear process to promote consistency across subject areas.

Complaint investigations

NSIRA independently investigates national security and intelligence–related complaints from members of the public and strives to do so in a timely manner.

In fiscal year 2021–22, NSIRA completed two complaints investigations and issued two final reports. NSIRA also received 58 referrals from the Canadian Human Rights Commission, pursuant to subsection 45(2) of the Canadian Human Rights Act, substantially increasing its inventory of complaint files. This high-volume caseload affected NSIRA’s overall management of its cases.

In 2021, NSIRA also finalized its major reform and modernization of its complaints investigation process, aimed at streamlining the procedural steps and promoting access to justice for self-represented complainants.

Reporting and transparency

During the reporting period, NSIRA remained committed to publishing redacted and depersonalized investigation reports to promote and enhance transparency in its investigations as set out in its January 2021 policy statement. NSIRA also turned its attention to examining appropriate ways to release declassified and depersonalized final complaints investigations reports, and consulted with parties to the complaint investigations.

For more information on NSIRA’s plans, priorities and results achieved, see the “Results: what we achieved” section of this report.

Results: what we achieved

Core responsibility

National Security and Intelligence Reviews and Complaints Investigations

Description:

The National Security and Intelligence Review Agency reviews Government of Canada national security and intelligence activities to assess whether they are lawful, reasonable and necessary. It investigates complaints from members of the public regarding activities of CSIS, CSE or the national security activities of the RCMP, as well as certain other national security-related complaints.  This independent scrutiny contributes to the strengthening of the framework of accountability for national security and intelligence activities undertaken by Government of Canada institutions and supports public confidence in this regard.

Results:

In 2021–22, NSIRA delivered on its mandate by completing reviews on federal departments and agencies involved in a wide array of national security and intelligence activities, and efficiently supported agency members in conducting several complaints investigations using a revised and improved process.

Review of national security and intelligence activities

NSIRA completed 10 national security and intelligence reviews over the course of 2021–22. Six reviews focused on an individual department or agency, while four reviews were interdepartmental by design. Organizations whose activities were the subject of specific reviews included:

• Canadian Security Intelligence Service — two reviews
• Communications Security Establishment — two reviews
• Department of National Defence and the Canadian Armed Forces — two reviews

The four interdepartmental reviews were by design were:

• Rebuilding Trust: Reforming the CSIS Warrant and Justice Legal Advisory Processes
• Study of the Government of Canada’s Use of Biometrics in the Border Continuum
• the annual review of disclosures under the Security of Canada Information Disclosure Act
• the annual review of the implementation of directions issued under the Avoiding Complicity in Mistreatment by Foreign Entities Act

Six of NSIRA’s reviews resulted in recommendations to ministers on issues related to compliance and governance. One review did not result in any recommendations but had four findings. The three other reviews helped NSIRA gain a better baseline understanding of certain organizations or activities, which will help guide future reviews. As a result of NSIRA’s unclassified and publicly released reviews, as well as its annual reporting, NSIRA contributes to increased confidence among Canadians in the independent review of national security and intelligence activities carried out by Government of Canada institutions.

During the reporting period, NSIRA continued to refine its review framework to promote high quality and rigour in its work, and to ensure consistency in the way it executes reviews. This framework provides systematic guidance on NSIRA’s process and approach, and embeds legal and technological expertise in reviews from the outset. NSIRA also developed new guidelines to assess the timeliness of reviewee responses to requests for information during the review process, and will comment both privately and publicly on the outcomes. As it improves its processes, NSIRA’s aim continues to be to produce the most consistent, objective and rigorous reviews possible.

In 2021–22, NSIRA established a Technology Directorate to enhance review by incorporating the capability to examine the use and implementation of technology by security and intelligence agencies in Canada. In the coming year, NSIRA will increase the number of employees working in the Technology Directorate as it takes an increasingly active and significant role. The directorate will also lead the first technology-focused reviews of the lifecycle of CSIS information collected by technical capabilities pursuant to a Federal Court warrant.

Investigation of national security and intelligence–related complaints

During the reporting period, NSIRA continued to adapt in conducting its complaints investigations by finding procedural efficiencies and using innovative approaches whenever possible. This included proceeding in writing for certain investigative steps and using videoconference technology for case management conferences, hearings and investigative interviews. Some departments and agencies were slow to respond to requests for information and evidence, in part due to challenges inherent to the COVID-19 pandemic, which delayed NSIRA’s investigations. Consequently, in several ongoing matters, NSIRA granted adjournments and extensions of deadlines for procedural steps, including the filing of submissions and evidentiary material. The reasons provided for the adjournments and requests for extensions not only were pandemic related but also included issues surrounding the availability of witnesses and shortage of resources of federal government parties. In addition, NSIRA had to ask for further information in response to incomplete initial disclosures in more than one investigation, also creating delays.

In 2021–22, NSIRA completed two complaints investigations and issued two final reports. Ministers, complainants and the public were informed of the conclusions of investigations of national security and intelligence–related complaints. NSIRA also dealt with a substantial increase in its inventory of complaint files as a result of 58 complaints referred by the Canadian Human Rights Commission to NSIRA in April and June 2021, pursuant to subsection 45(2) of the Canadian Human Rights Act. This high-volume caseload impacted NSIRA’s overall management of its cases.

In 2021, NSIRA completed its investigation process reform initiative after extensive consultation with stakeholders in the public and private sectors. In July 2021, NSIRA launched its new investigative process, which included the implementation of new Rules of Procedure to enhance efficiency in NSIRA’s investigation mandate and provide greater access to justice for self-represented complainants.

Lastly, NSIRA will finalize in 2022–23 the service standards for how long it takes to complete its investigations. The results will be included in the next Departmental Results Report.

Gender-based analysis plus

Building from naming a Champion and establishing a committee to take action against systemic employment equity, diversity and inclusion issues in 2020, NSIRA continued to work hard to create a culture of inclusion. At an individual level, the agency held staff discussions on anti-racism and themes related to diversity. In response to the Call to Action from the Clerk of the Privy Council, NSIRA completed a maturity assessment of its policies, programs and practices related to human rights, accessibility, employment equity, diversity and inclusion, and developed a three-year action plan to guide its efforts.

When reviewing national security and intelligence activities, NSIRA analysts are prompted to examines these activities’ potential for resulting in unequal outcomes for visible minority groups. For instance, among last year’s reviews, the Study of the Government of Canada’s Use of Biometrics in the Border Continuum examined the approach of Immigration, Refugees and Citizenship Canada and of the Canada Border Services Agency to preventing bias and discrimination against some groups of people in the use of biometrics by these agencies.

In terms of investigations, complainants file with NSIRA pursuant to the National Security and Intelligence Review Agency Act and the Rules of Procedure. Following the practices and procedures systematically in all complaint matters ensures a non-discriminatory process.

Furthermore, NSIRA and another review body are finalizing a study on how to systematically collect, analyze and use race-based and other demographic data in the complaints investigation process. This study draws on academic expertise to provide NSIRA insight into: whether significant racial disparities exist among civilian complainants; whether racial differences exist with respect to the types of complaints made against members of national security organizations based on different groups; the frequency of complaints that include allegations of racial or other forms of bias; and whether complaints investigation outcomes vary by racial group. NSIRA also aims to use the study results to improve public awareness and understanding of its investigation process, as well as to guide the development of NSIRA’s outreach and public engagement priorities

Experimentation

Given NSIRA’s functions and responsibilities, the agency did not engage in any program-related experimentation activities.

Key risks

Timely access to information, and the ability to verify that it has been provided with all relevant information, are paramount to the successful execution of NSIRA’s review and complaints investigation mandates. During the reporting period, departments and agencies delayed unnecessarily in providing NSIRA information and, in some reviews, NSIRA had to ask for additional information because of incomplete initial disclosures. NSIRA eventually received all relevant information from responding government departments and agencies for its investigations. NSIRA will continue to seek direct access to systems to ensure a high degree of confidence, reliability and independence in its work. During the reporting period, NSIRA also developed clear guidelines for assessing the timeliness and responsiveness of departments and agencies for its reviews, including remedial steps to be taken to respond to delays.

Physical distancing protocols and lockdowns required by the COVID-19 pandemic limited NSIRA employees’ access to classified physical and electronic documents in 2021–22. Flexible measures that follow current public health conditions mitigate the impact of the pandemic on NSIRA’s ability to deliver on its mandate in a timely way.

The pandemic also complicated the recruitment, onboarding and training of new review staff. NSIRA mitigated these impacts by increasing and adapting its office space, investing in communications technology, and implementing novel approaches to recruitment and onboarding.

Results achieved

The following table shows, for National Security and Intelligence Reviews and Complaints Investigations, the results achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Note: NSIRA was created on July 12, 2019. Actual results for 2019–20 and 2020–21 are not available because the new Departmental Results Framework in the changeover from the Security Intelligence Review Committee to NSIRA was being developed. This new framework is for measuring and reporting on results achieved starting in 2021–22. In 2022–23, NSIRA will finalize the development of service standards for how long it takes to complete its investigations; the results will be included in the next Departmental Results Report.

Financial, human resources and performance information for NSIRA’s Program Inventory is available in GC InfoBase.

Budgetary financial resources (dollars)

The following table shows, for National Security and Intelligence Reviews and Complaints Investigations, budgetary spending for 2021–22, as well as actual spending for that year.

Financial, human resources and performance information for NSIRA’s Program Inventory is available in GC InfoBase.

The variance between planned and actual spending is mainly due to recruitment challenges.

Human resources (full-time equivalents)

The following table shows, in full‑time equivalents, the human resources the department needed to fulfill this core responsibility for 2021–22.

Financial, human resources and performance information for NSIRA’s Program Inventory is available in GC InfoBase.

Internal Services

Description

Internal services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal services refers to the activities and resources of the 10 distinct service categories that support program delivery in the organization, regardless of the internal services delivery model in a department. The 10 service categories are:

• Acquisition Management Services
• Communication Services
• Financial Management Services
• Human Resources Management Services
• Information Management Services
• Information Technology Services
• Legal Services
• Material Management Services
• Management and Oversight Services
• Real Property Management Services

Results

The pandemic continued to have an impact on NSIRA operations and activities throughout the year. The NSIRA Secretariat’s first priority was the safety of the agency’s employees and, as a result, it responded quickly to lockdowns by communicating COVID-19 working protocols and implementing its own vaccination policy following the Government of Canada call for mandatory vaccination for its public service employees. Furthermore, NSIRA recognized that a modern and flexible approach to work was necessary for the conduct of its mandated activities during the pandemic. As a result, NSIRA developed an evergreen COVID-19 guide where employees and managers could turn for up-to-date references on COVID-19 and on flexible work arrangements.

In light of the current and planned growth in personnel and the pandemic physical distancing requirements, NSIRA’s success depended on increasing its access to secure office space to conduct work of a classified nature. In 2021, NSIRA was able to increase its footprint by opening a temporary office site. At the same time, the plans for a permanent NSIRA site were also completed; construction of additional secure office space began in April 2022.

During the fiscal year, NSIRA focused on assessing gaps in its security and information management practices. The conduct of an agency security governance and controls assessment led to the approval and implementation of the Agency Security Plan recommendations in September 2021. NSIRA also published a policy on information management to ensure that roles, responsibilities and expectations regarding information management were defined, communicated, understood and adhered to throughout the organization. Since information and information management are critical in the conduct of NSIRA’s mandate, the agency developed a new classification plan, established information retention plans and developed strategies for the destruction, storage, digitization, transport and transfer of information.

Budgetary financial resources (dollars)

The following table shows, for internal services, budgetary spending for 2021–22, as well as spending for that year.

The difference of $8.3 million between planned and actual spending is mainly explained by the impacts of the pandemic on NSIRA’s ability to progress with its facilities fit-up and expansion plans, as well as on its planned spending on internal services infrastructure and systems.

Human resources (full-time equivalents)

The following table shows, in full‑time equivalents, the human resources the department needed to carry out its internal services for 2021–22.

Spending and human resources

Spending

Spending 2019–20 to 2024–25

The following graph presents planned (voted and statutory spending) over time.

The graph illustrates NSIRA’s spending trends over a six-year period from 2019–20 to 2024–25. Fiscal years 2019–20 to 2021–22 reflect actual expenditures as reported in the Public Accounts. Fiscal years 2022–23 to 2024–25 represent planned spending.

The increase in spending from 2019–20 to 2021–22 is mainly explained by the cost of additional resources hired by NSIRA over that period, by an increase in professional services costs, and by the start of facilities fit-up and expansion.

The overall difference between actual spending in 2021–22 and planned spending in 2022–23 is due to lower spending than planned on payroll and on facilities fit-up and expansion in 2021–22 as a result of the pandemic.

The difference between the peaks in spending authorities in 2022–23 and 2023–24 with the levelling of authorities in 2024–25 is due to the sunsetting of funding earmarked for the completion of facilities fit-up and expansion.

Budgetary performance summary for core responsibilities and internal services (dollars)

The “Budgetary performance summary for core responsibilities and internal services” table presents the budgetary financial resources allocated for NSIRA’s core responsibilities and for internal services.

Human resources

The “Human resources summary for core responsibilities and internal services” table presents the full-time equivalents (FTEs) allocated to each of NSIRA’s core responsibilities and to internal services.

Human resources summary for core responsibilities and internal services

Expenditures by vote

For information on NSIRA’s organizational voted and statutory expenditures, consult the Public Accounts of Canada 2021.

Government of Canada spending and activities

Information on the alignment of NSIRA’s spending with Government of Canada’s spending and activities is available in GC InfoBase.

Financial statements and financial statements highlights

Financial statements

NSIRA’s financial statements (unaudited) for the year ended March 31, 2022, are available on the departmental website.

Financial statement highlights

Condensed Statement of Operations (unaudited) for the year ended March 31, 2022 (dollars)

Condensed Statement of Financial Position (unaudited) as of March 31, 2022 (dollars)

The 2021–22 planned results information is provided in NSIRA’s Future-Oriented Statement of Operations and Notes 2021–22.

Corporate Information

Organizational profile

Appropriate minister: The Right Honourable Justin Trudeau, Prime Minister of Canada
Institutional head: John Davies, Executive Director
Ministerial portfolio: Privy Council Office
Enabling instrument: National Security and Intelligence Review Agency Act
Year of incorporation / commencement: 2019

Raison d’être, mandate and role: who we are and what we do

“Raison d’être, mandate and role: who we are and what we do” is available on NSIRA‘s website.

Operating context

Information on the operating context is available on NSIRA’s website.

Reporting framework

NSIRA’s Departmental Results Framework, with accompanying results and indicators, were under development in 2020–21. Additional information on key performance measures are included in the 2021–22 Departmental Plan.

Supporting information on the program inventory

Financial, human resources and performance information for NSIRA’s Program Inventory is available in GC InfoBase.

Supplementary information tables

The following supplementary information table is available on NSIRA’s website:

• Gender-based analysis plus

Federal tax expenditures

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions, deferrals and credits. The Department of Finance Canada publishes cost estimates and projections for these measures each year in the Report on Federal Tax Expenditures. This report also provides detailed background information on tax expenditures, including descriptions, objectives, historical information and references to related federal spending programs. The tax measures presented in this report are the responsibility of the Minister of Finance.

Organizational contact information

National Security and Intelligence Review Agency
P.O. Box 2430, Station “D”
Ottawa, Ontario
K1P 5W5

Appendix: definitions

appropriation (crédit)

Any authority of Parliament to pay money out of the Consolidated Revenue Fund.

budgetary expenditures (dépenses budgétaires)

Operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.

core responsibility (responsabilité essentielle)

An enduring function or role performed by a department. The intentions of the department with respect to a core responsibility are reflected in one or more related departmental results that the department seeks to contribute to or influence.

Departmental Plan (plan ministériel)

A report on the plans and expected performance of an appropriated department over a 3‑year period. Departmental Plans are usually tabled in Parliament each spring.

departmental priority (priorité)

A plan or project that a department has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired departmental results.

departmental result (résultat ministériel)

A consequence or outcome that a department seeks to achieve. A departmental result is often outside departments’ immediate control, but it should be influenced by program-level outcomes.

departmental result indicator (indicateur de résultat ministériel)

A quantitative measure of progress on a departmental result.

departmental results framework (cadre ministériel des résultats)

A framework that connects the department’s core responsibilities to its departmental results and departmental result indicators.

Departmental Results Report (rapport sur les résultats ministériels)

A report on a department’s actual accomplishments against the plans, priorities and expected results set out in the corresponding Departmental Plan.

experimentation (expérimentation)

The conducting of activities that seek to first explore, then test and compare the effects and impacts of policies and interventions in order to inform evidence-based decision-making, and improve outcomes for Canadians, by learning what works, for whom and in what circumstances. Experimentation is related to, but distinct from innovation (the trying of new things), because it involves a rigorous comparison of results. For example, using a new website to communicate with Canadians can be an innovation; systematically testing the new website against existing outreach tools or an old website to see which one leads to more engagement, is experimentation.

full‑time equivalent (équivalent temps plein)

A measure of the extent to which an employee represents a full person‑year charge against a departmental budget. For a particular position, the full‑time equivalent figure is the ratio of number of hours the person actually works divided by the standard number of hours set out in the person’s collective agreement.

gender-based analysis plus (GBA Plus) (analyse comparative entre les sexes plus [ACS Plus])

An analytical process used to assess how diverse groups of women, men and gender-diverse people experience policies, programs and services based on multiple factors including race ethnicity, religion, age, and mental or physical disability.

government-wide priorities (priorités pangouvernementales)

For the purpose of the 2020–21 Departmental Results Report, those high-level themes outlining the government’s agenda in the 2019 Speech from the Throne, namely: Fighting climate change; Strengthening the Middle Class; Walking the road of reconciliation; Keeping Canadians safe and healthy; and Positioning Canada for success in an uncertain world.

horizontal initiative (initiative horizontale)

An initiative where two or more federal organizations are given funding to pursue a shared outcome, often linked to a government priority.

non‑budgetary expenditures (dépenses non budgétaires)

Net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.

performance (rendement)

What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve, and how well lessons learned have been identified.

performance indicator (indicateur de rendement)

A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, program, policy or initiative respecting expected results.

performance reporting (production de rapports sur le rendement)

The process of communicating evidence‑based performance information. Performance reporting supports decision making, accountability and transparency.

plan (plan)

The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally, a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead to the expected result.

planned spending (dépenses prévues)

For Departmental Plans and Departmental Results Reports, planned spending refers to those amounts presented in Main Estimates.

A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their Departmental Plans and Departmental Results Reports.

program (programme)

Individual or groups of services, activities or combinations thereof that are managed together within the department and focus on a specific set of outputs, outcomes or service levels.

program inventory (répertoire des programmes)

Identifies all the department’s programs and describes how resources are organized to contribute to the department’s core responsibilities and results.

result (résultat)

A consequence attributed, in part, to an organization, policy, program or initiative. Results are not within the control of a single organization, policy, program or initiative; instead they are within the area of the organization’s influence.

statutory expenditures (dépenses législatives)

Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.

target (cible)

A measurable performance or success level that an organization, program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.

voted expenditures (dépenses votées)

Expenditures that Parliament approves annually through an appropriation act. The vote wording becomes the governing conditions under which these expenditures may be made.