Investigations Frequently Asked Questions
Who can file a complaint, and what does it cost?
Any person can file a complaint with NSIRA. There is no fee associated when you file a complaint.
How long do I have to submit a complaint?
When submitting a complaint relating to the denial or revocation of a security clearance, you must submit your complaint within 30 days after receipt of the notice issued by the department responsible for the denial or revocation of your security clearance. Should you submit your complaint outside the 30-day timeline, you must indicate the reasons for the delay on your complaint form (Form 18). NSIRA has the authority to accept a complaint past the 30-day time limit and will review the reasons for the delay in making that determination.
What should you include in your complaint?
Your complaint is deemed received when you submit all required documents. For example, if you are submitting a complaint against CSIS (rule 5.03), you are required to provide the following:
- Form 16;
- A copy of your letter sent to the Director of CSIS;
- A copy of the Director’s response, if any; and
- A statement indicating that you are dissatisfied with the Director’s response or a statement that a period of more than sixty (60) days has lapsed since you provided the Director with a written complaint.
If you are submitting a complaint against CSE (rule 5.04), you are required to provide the following:
- Form 17;
- A copy of your letter sent to the Chief of CSE;
- A copy of the Chief’s response, if any; and
- A statement indicating that you are dissatisfied with the Chief’s response or a statement that a period of more than sixty (60) days has lapsed since you provided the Chief with a written complaint.
If you are submitting a complaint relating to the denial or revocation of your security clearance (rule 5.05), you are required to provide the following:
- Form 18;
- A copy of the notice from the department responsible informing you of the decision to deny or revoke your security clearance.
If your complaint against the RCMP was referred to NSIRA by the CRCC, the complaint is deemed received upon receipt of the CRCC’s notice to NSIRA.
Can I file a complaint for another person?
You must provide written authorization for another person to act on their behalf. The authorized representative may be included on the complaint form, or on a separate form should the complaint already be filed.
Once I have sent my complaint in, can I make changes to it?
Yes, you can (rule 16). Should you wish to amend your complaint, you must make a request in writing to the Registrar.
I submitted my complaint. What can I get out of it?
Should NSIRA determine that it has the mandate to investigate your complaint, the assigned Member will conduct an investigation and may make findings and/or recommendations in the final report, if any. The assigned Member cannot make a remedial order, such as compensation, or order a government department to pay damages. The Member cannot order the government to pay for the costs of the complaint.
Can NSIRA refuse to investigate my complaint? What happens should NSIRA determine it does not have jurisdiction to investigate my complaint?
Should the Review Agency determine that your complaint does not fall within its mandate, NSIRA will not investigate your complaint and your complaint file will be closed. A letter of decision is provided to the parties.
Where and how are investigative interviews held?
Should NSIRA schedule an investigative interview, it is generally held by videoconference. Prior to scheduling the interview, NSIRA will canvass your availability and other procedural matters so that you are ready for your interview.
How long will the entire process take?
The time required to conduct an investigation varies depending on the complexity of the matter. During the COVID-19 pandemic, limitations on in-person work affected complaint investigations. Unlike in many other administrative proceedings, in-person presence is often required because of the classified nature of the relevant information. Some investigations were delayed during the pandemic and may require additional time. NSIRA has been working to find innovative approaches to continue to advance its investigations and to find efficiencies to enhance the timeliness of its complaint investigations. NSIRA is committed to addressing every complaint as informally and expeditiously as possible and also in a timely and efficient manner.
When does an Informal Resolution take place?
A party (you or the responding government department) or the assigned member may request an informal resolution meeting at any time throughout the process.
How does it work?
If a party or the assigned member requests an informal resolution meeting, the Registrar may contact the parties to seek their availability and willingness to participate in settlement discussions. A resolution meeting is an informal and confidential meeting between you, the respondent and an independent member of the NSIRA.
The role of the independent Member of the NSIRA during an informal resolution meeting is to provide the parties with an opportunity to gain a better understanding of the situation that brought them into conflict and to facilitate discussions surrounding the settlement of some or all of the issues in a complaint. If the complaint is resolved informally, the terms of the informal resolution must be set out in writing and signed by all parties (rule 10).
Is an informal resolution mandatory step in the complaints process?
It is not a mandatory step. For an informal resolution to take place, it requires both parties to agree and participate in settlement discussions on a “without prejudice” basis. This means that the statements made in the course of the settlement discussions cannot be introduced as evidence in the investigation.
What happens if a resolution of my complaint is achieved?
Should your complaint be resolved, you and the other party will agree to and sign a notice of settlement and your complaint will be closed.
What happens if a resolution of my complaint isn’t met?
Should a settlement not be reached at a resolution meeting, a different Member will be assigned to your complaint to conduct a full investigation. That said, the parties may consent to the same Member investigating the complaint.
