Consistency. Fairness. Timeliness.
NSIRA has the crucial role of investigating national security-related complaints ensuring that they are addressed with the greatest degree of consistency, fairness, and timeliness.
As Canada’s independent agency, part of NSIRA’s mandate is to investigate public complaints related to any activity carried out by CSIS and CSE as well as complaints relating to the denial or revocation of security clearances.
NSIRA also investigates complaints closely related to national security issues referred by the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC), matters referred by the Canadian Human Rights Commission (CHRC) and certain reports made to NSIRA under the Citizenship Act.
Make a complaint
As Canada’s independent review agency, part of NSIRA’s mandate is to investigate public complaints related to any activity carried out by CSIS and CSE as well as complaints relating to the denial or revocation of security clearances.
NSIRA also investigates complaints closely related to national security issues referred by the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC), matters referred by the Canadian Human Rights Commission (CHRC) and certain reports made to NSIRA under the Citizenship Act.
Complaints Process
If NSIRA determines that the subject of the complaint falls within its mandate to investigate, NSIRA will proceed with its investigation by reviewing documentary evidence, conducting investigative interviews of the complainant and witnesses identified by the parties and/or conducting an oral or written hearing on some or all of the issues of the complaint.
Once NSIRA’s investigation is completed, it will prepare a report with its findings and/or recommendations. A declassified copy of the final report will be sent to the complainant. A declassified and depersonalized version of the final report will be published on NSIRA’s website.
Informal Resolution
A complaint made to NSIRA, including a referral from the CRCC, can be informally resolved if the complainant and responding department consent.
The purpose of an informal resolution is to resolve some or all of the issues in a complaint. An informal resolution may take the form of any number of remedial actions and has several benefits. The goal is to provide an opportunity for the parties to gain a better understanding of the situation that gave rise to the complaint and to provide them with an opportunity to deal with the complaint expediently and to the satisfaction of all parties.
If the complaint is resolved informally, the terms of the informal resolution must be set out in writing and signed by all parties. A party or the NSIRA Member assigned to the investigation of the complaint may, at any time, request a resolution meeting between the parties. In the event that a complaint cannot be resolved informally, the merits of the complaint will be investigated by a different NSIRA Member.
Frequently Asked Questions (FAQs)
What is the Review Agency’s mandate regarding complaints?
NSIRA has the mandate to investigate the following complaints:
- Complaints against the Canadian Security Intelligence Service (CSIS)
- Complaints against the Communications Establishment Service (CSE)
- Complaints relating to the denial or revocation of security clearances
- Complaints referred to NSIRA by the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC)
- Matters referred to NSIRA under the Canadian Human Rights Act
- Matters referred to NSIRA under the Citizenship Act
How do I file a complaint?
You may file a complaint by sending the appropriate form under rule 5.01 to the NSIRA Registrar by mail or courier as well as the required documents (rules 5.03, 5.04 and 5.05). Should you prefer to file your complaint electronically, NSIRA would require your written consent as you would be providing your personal information.
What happens once I submit my complaint? What is the first step?
The first step to a complaint is to determine whether NSIRA has jurisdiction (or the mandate) to investigate the complaint (rule 7). Upon receipt of a complaint, the Registrar will notify you that your complaint is deemed received and notify the respondent government department that a complaint has been received. A designated Member will conduct an independent review of the complaint in order to determine whether NSIRA has jurisdiction to investigate the complaint. Where the designated Member concludes it is necessary in order to make the determination on whether NSIRA may investigate the complaint, the Review Agency may request representations on the Review Agency’s jurisdiction to investigate the complaint from the parties.
In deciding whether it has jurisdiction in a CSE, CSIS or RCMP complaint, NSIRA independently inquires into (and verifies) your allegations. NSIRA provides a letter of decision to the parties on whether NSIRA will investigate the complaint. If a party is dissatisfied with NSIRA’s decision, it can ask the Federal Court to review it. This is done by filing an application for judicial review with the Federal Court of Canada within 30 days after the time the decision was first communicated by NSIRA to the parties. Please refer to the Federal Courts Rules – https://laws-lois.justice.gc.ca/eng/regulations/sor-98-106/.
How does NSIRA determine it has jurisdiction / the mandate to investigate my complaint?
A Member conducts an independent review of your complaint. NSIRA must determine whether your complaint falls within its mandate.
For example, if you submitted a complaint against CSIS (section 16 of the NSIRA Act) or CSE (section 17 of the NSIRA Act), the Review Agency will decide to investigate the complaint if:
– you have made a complaint to the Director or Chief, as the case may be, with respect to that activity and you have not received a response within a period of time that the Review Agency considers reasonable or is dissatisfied with the response given; and
– the Review Agency is satisfied that your complaint is not trivial, frivolous or vexatious or made in bad faith.
If your complaint against the RCMP has been referred to NSIRA (section 19 of the NSIRA Act), the Review Agency must investigate your complaint if it is satisfied that the complaint is not trivial, frivolous or vexatious or made in bad faith.
If you submitted a complaint relating to the denial or revocation of your security clearance, the Review Agency must investigate your complaint if:
- you are an individual referred to in subsection 18 (1) of the NSIRA Act who has been denied a security clearance; or
- you have been denied a contract to provide goods or services to the Government of Canada by reason only of the denial of a security clearance. NB: The NSIRA Act only gives NSIRA jurisdiction when a person has been denied a contract with the government. NSIRA does not have jurisdiction when the complaint is brought by an employee or subcontractor of the contractor who has been denied a contract. NSIRA also does not have jurisdiction when an employee or subcontractor loses employment or a contract with their private sector employer or client because of the denial of a security clearance. Complainants in the latter circumstance should seek advice on whether judicial review to the Federal Court is available.
What is NSIRA’s role throughout the complaints process?
Each NSIRA complaint investigation is conducted by an individual Member (or Members) designated by NSIRA’s Vice-Chair. The Member is the decision-maker in the investigation, assisted by NSIRA’s Investigations section. NSIRA’s Investigations section comprises a legal team of registry staff and legal counsel supporting the NSIRA Members assigned to investigate complaints. The Registry staff liaises with members of the public and complainants and acts as an intermediary between NSIRA and the parties. All letters, email correspondence and all material for complaints received and sent by NSIRA go through the Registrar.
NSIRA’s legal team assists the assigned NSIRA Members in their investigative role as independent decision-makers during an investigation. They ensure that the assigned Member has before them the most complete and accurate factual information relating to a complaint. In the course of an investigation, assigned Members review documentary evidence submitted by the parties and, where they decide it is necessary, will conduct an investigative interview of witnesses and/or will hold a hearing on some or all of the issues. The assigned Member may issue procedural guidance or directions throughout the investigation.
Once the investigation is concluded, the assigned Member will provide a final report to the parties which outlines the findings and/or recommendations NSIRA has made concerning the complaint. NSIRA may make findings, however it does not have the authority to issue binding remedial rulings, such as financial compensation.
I’ve been notified that NSIRA will investigate my complaint. What can I expect?
The Review Agency will conduct its investigation by reviewing documentary evidence and, if needed, conducting investigative interviews (rule 8).
The Review Agency will first request documentary evidence from the parties (rule 9). This request will be included in the letter of decision that the Review Agency will investigate your complaint. This letter also specifies the Member who has been assigned to investigate your complaint.
Upon reviewing the evidence, the assigned Member will determine whether they need to conduct any investigative interviews of witnesses and/or whether a hearing is necessary.
Is my file open to the public? Should I have an investigative interview or a hearing, can the public attend?
Your file is not open to the public. Every investigation is conducted in private (section 25(1) of the NSIRA Act). Unless you are represented by counsel or you have provided written consent to be represented by another person, you are the only person present with NSIRA at the interview. If there is a hearing, the responding government party will be present and may present evidence to NSIRA. Whether NSIRA is conducting interviews or hearings, all proceedings are held in private.
Can I withdraw a complaint during the process?
You may withdraw your complaint at any time (rule 15.01). You may make your request to withdraw your complaint by notifying the Review Agency in writing. You will receive confirmation that your complaint is now closed.
Can I still file a complaint if I am outside the country?
Yes. You can file a complaint if you reside or are currently outside of Canada.
Does NSIRA provide legal assistance?
NSIRA cannot provide legal assistance. However, NSIRA may provide procedural guidance throughout the conduct of the investigation of your complaint to ensure fairness. You may seek representation of a lawyer at your own expense.
If I cannot meet a deadline issued by the assigned Member, how do I go about requesting an extension of the deadline?
You may request an extension by submitting a motion to the Review Agency (rule 3.02). However, you may start by making an informal request for an extension, in writing, to the Registrar (rule 13.03).
