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- Section 2. B. Section 17 arrangements
Annual Report 2005-2006 - An Operational Review of CSIS Activities
Section 2: CSIS accountability mechanisms
B. Section 17 arrangements
Arrangements with domestic agencies
In carrying out its duties and functions, CSIS often collaborates with federal departments and agencies, provincial governments and law enforcement agencies. Since 9/11, more groups have become involved in national security, including police and non-governmental partners (especially concerning critical infrastructure). This creates a challenge for the Service, as it must cultivate and maintain healthy relationships with both new and existing partners to ensure that information is exchanged efficiently and that joint operations are conducted effectively.
From sharing information to conducting joint operations, domestic arrangements can take many forms. As of March 31, 2006, CSIS had 29 Memoranda of Understanding in place with domestic partners so that information could be exchanged. Of these, 17 were with federal departments or agencies, and 10 were with provincial and municipal entities (e.g., governments, agencies, police). Also of note, the arrangement with the National Security Advisor, established in 2004-05, was renewed for one more year.
Under Section 17(1) of the CSIS Act, the Service may, with the approval of the Minister of Public Safety, enter into an arrangement or otherwise cooperate with domestic agencies for the purpose of performing its duties and functions. Section 38(a)(iii) of the same Act authorizes SIRC to review all domestic arrangements.
Arrangements with foreign agencies
Section 17(1) of the CSIS Act states that the Service can enter into arrangements with foreign agencies to exchange information concerning threats to the security of Canada. New foreign arrangements require the approval of the Minister of Public Safety, in consultation with the Minister of Foreign Affairs. Even without such an arrangement, CSIS can still accept unsolicited information from an agency or organization of a foreign country.
The Service can also expand the scope of existing active arrangements, defining the subject matter and the extent of authorized exchanges. In the case of enhanced arrangements, the Director of CSIS is granted more discretion and has the authority to approve the expansion of activities without obtaining Ministerial approval, but subject to any Ministerial caveats or instructions that may have been imposed when the initial arrangement received approval.
SIRC reviews all new, enhanced or renewed foreign arrangements, as provided under Section 38(a)(iii) of the CSIS Act. To do so, it examines whether:
- CSIS's foreign arrangements were in compliance with the conditions set out in the CSIS Act, Ministerial Direction and operational policy;
- approvals from the Minister of Public Safety and the Director of CSIS were in place when the Service began exchanging information;
- the human rights record of the foreign agency's host country—including open-source reporting from human rights agencies—was considered; and
- the most recent agency assessment met CSIS guidelines.
In 2005-06, SIRC chose to review thirteen foreign arrangements with agencies in nine countries.
SIRC found that all foreign arrangements were in accordance with the CSIS Act, Ministerial Direction and operational policy.
SIRC also found that the Service had informed itself of the human rights situation in all the countries and agencies in question. Moreover, the Service had proceeded cautiously with exchanges of information involving countries with questionable human rights records, although SIRC will continue to monitor one particular arrangement.
Although two assessments were not submitted on an annual basis as required, SIRC noted an improvement concerning the annual submission of agency assessments and that, overall, these met the Service's guidelines.