Government of Canada Response to the Recommendations of the NSIRA Review of Federal Institutions’ Disclosures of Information under the Security of Canada Information Disclosure Act (“SCIDA”) in 2023
| NSIRA Recommendation | Related Finding(s) | Government Response | Explanation |
|---|---|---|---|
| 1. NSIRA recommends that disclosing institutions explicitly address the requirements of both paragraphs 5(1) and 5(1)(b) in the records that they prepare under paragraph 9(1)(e) of the SCIDA. |
Finding 1. NSIRA found that every institution that disclosed or received information pursuant
to SCIDA in 2023 complied with their record keeping obligations under section 9, but some records were
inaccurate or imprecise. Finding 2. NSIRA found, within the sample of disclosures reviewed, that disclosing institutions demonstrated they had satisfied themselves under the contribution and proportionality tests in compliance with subsection 5(1) of the SCIDA. |
Agree |
In last year’s government response, the Government of Canada recognized the importance of keeping records of
SCIDA disclosures and receipts, as required under the Act. Departments and agencies will continue to evaluate and update their internal procedures to ensure they satisfy their statutory obligations as Disclosing and Recipient Institutions. The Government of Canada also recognizes that, in addition to supporting compliance, fulsome record keeping facilitates NSIRA’s reviews and thus is an important element of accountability in the national security context. |
| 2. NSIRA recommends that IRCC amend their SCIDA policy to underscore that IRCC must independently assess whether the disclosure is authorized. This assessment should consider whether the activity amounts to one of the exceptions to the SCIDA’s definition of activities that undermine the security of Canada. | Finding 3. NSIRA found that IRCC did not, in one instance, independently consider whether its disclosure related to activities that fell under the SCIDA exception for advocacy, protest, or dissent. Instead, IRCC satisfied itself of the SCIDA’s contribution test based on assumptions about how CSIS assessed activities that undermine the security of Canada. | Agree |
IRCC takes seriously the importance of independently assessing whether each disclosure is authorized under
SCIDA. IRCC reviewed its SCIDA policy at the beginning of 2024 and this was revised to require a review of proposed disclosure to determine whether they might be related to activities that fall under the SCIDA exception for advocacy, protest, or dissent. |
| 3. NSIRA recommends that IRCC apply an iterative approach to its proportionality assessments, with a view to disclosing only the minimum information reasonably necessary in the circumstance to enable the recipient institution to further their investigation. | Finding 4. NSIRA found that, throughout the course of 2023, IRCC improved the rigor of its proportionality assessments regarding disclosure of passport information. However, NSIRA identified three instances where IRCC disclosed visa information without applying the same rigorous approach, which risked disclosing more personal information than reasonably necessary in the circumstances. | Agree |
IRCC recognizes the importance of disclosing only the minimum information reasonably necessary. IRCC has made some changes to its process in the last year to ensure that proportionality was better considered and will continue to take an iterative approach to ensure that we disclose only what is deemed necessary. |
| 4. NSIRA recommends that CSIS use consistent terminology, and be clear about the nature of the link that has been established between the subject of a request and its investigation, to assist IRCC in satisfying itself of the proportionality test. | Finding 5. NSIRA found that CSIS requests to IRCC used inconsistent terminology and were often unclear about the relationship between the subject of the request and its investigation. At times, this lack of clear communication hindered IRCC’s efforts to satisfy itself that the disclosure was authorized under the SCIDA. | Agree | CSIS, in collaboration with IRCC, has made substantive changes over the past year, to update its SCIDA request process. All SCIDA requests directed to IRCC now go through a single unit in CSIS. The new process in place ensures clear, consistent and compliant requests to IRCC. |
| 5. NSIRA recommends that institutions avoid making verbal disclosures whenever possible. When they must occur, verbal disclosures should explicitly convey the requisite information on accuracy and reliability. | Finding 6. NSIRA found that disclosing institutions provided information regarding the accuracy of the information and reliability of the manner in which it was obtained in relation to all disclosures. However, CBSA made one verbal disclosure that did not include an explicit statement on accuracy and reliability. | Agree |
The Government of Canada recognizes that information on the accuracy and reliability of the disclosed
information must be provided at the time of disclosure as per subsection 5(2). While not ideal, the Government of Canada recognizes that verbal disclosures may be required in the course of an operation. However, they must still satisfy all requirements under the Act, including the provision of accuracy and reliability statements at the time of disclosure. |
| 6. NSIRA recommends that CBSA harmonize its record of disclosure form with the SCIDA to convey the mandatory nature of providing information on accuracy and reliability at the time of the disclosure. | Finding 7. NSIRA found that CBSA’s record of disclosure form contradicts the SCIDA by allowing officials to opt out of providing information regarding accuracy and reliability. | Agree |
Although the SCIDA requirement for an accuracy and reliability statement is clearly outlined in the CBSA’s
record of disclosure form per the legislative text under ss. 5(2) of the Act, the CBSA will revise the text to
ensure that the requirements are clearly defined and that the language is not contradictory with the mandatory
nature of providing information regarding accuracy and reliability. A message will also be communicated to affected program areas to remind disclosing officials of the mandatory requirement to provide a statement confirming the accuracy and reliability of the manner in which the information was obtained. |
| 7. NSIRA recommends that IRCC tailor its statements on accuracy and reliability as to ensure that each disclosure’s statement is specific to the circumstances of the case. | Finding 8. NSIRA found that IRCC used templated language to describe the disclosure’s accuracy and reliability that was not always relevant or specific to the circumstances of the disclosure. | Agree | IRCC will review the language used to describe the disclosure’s accuracy and reliability to ensure it is tailored to the specific circumstances and relevant to the disclosure at hand. |