2012-13 Departmental Performance Report

The Right Honourable Stephen Harper
Prime Minister of Canada

Table of Contents

Chair’s Message

Photograph of the Honourable Chuck Strahl, P.C., Chair

I am pleased to introduce the Departmental Performance Report of the Security Intelligence Review Committee (SIRC or the Committee) for the fiscal year 2012-13.

As this report represents the summary of my first year as the Chair of the Committee, I take pride in SIRC’s accomplishments and renewed commitment to building and maintaining the public’s trust that the activities of the Canadian Security Intelligence Service (CSIS or the Service) are carried out in a lawful, effective and appropriate manner. This independent reporting to the Parliament of Canada helps to reinforce the Service’s accountability to Parliament and to the citizens of Canada.

This past year has been an active one for the Committee. For the first time, pursuant to section 6(4) of the CSIS Act, the report provided by the Director of CSIS to the Minister of Public Safety was reviewed by SIRC who provides the Minister of Public Safety with a certificate stating the extent to which it is satisfied with the content of the report. This new responsibility included a modest increase to our reference levels. I am proud that, throughout it all, the organization maintained its high level of professionalism and commitment which speaks to the resilience of SIRC’s staff.

Our work is intended to provide expert advice to policymakers and lawmakers on CSIS’s performance, but also to reassure Canadians that CSIS investigates threats to national security in a manner that respects Canada’s core democratic values. The Canadian Security Intelligence Service Act (CSIS Act) continues to guide SIRC’s work in assessing CSIS’s performance against the mandate and authorities conferred upon it by Parliament in 1984. The Committee embraces the belief that balancing collective public safety with individual rights is a hallmark of Canada’s democratic values and aspirations. It is a theme that I am confident will continue to guide SIRC’s work in the future.



______________________________
The Honourable Chuck Strahl, P.C.
Chair

Section I: Organizational Overview

Raison d’être

The Security Intelligence Review Committee is an independent, external review body which reports to Parliament on the operations of the Canadian Security Intelligence Service. The Prime Minister is responsible for this organization.

Parliament has given CSIS powers to enhance the security of Canadians. SIRC ensures that these powers are used legally and appropriately, in order to protect Canadians' rights and freedoms. To do this, SIRC examines past operations of the Service and investigates complaints. It has absolute authority, with the exception of cabinet confidences, to examine all information concerning CSIS activities, no matter how sensitive and highly classified that information may be. The result of this work, vetted and edited to protect national security and personal privacy, are summarized in its Annual Report to Parliament.

Responsibilities

SIRC’s work is designed to provide expert advice to policymakers and lawmakers on CSIS’s performance. It also serves to reassure Canadians that CSIS investigates threats to national security in a manner that respects Canada’s core democratic values. The Canadian Security Intelligence Service Act (CSIS Act) continues to guide SIRC’s work in assessing CSIS’s performance against the mandate and authorities conferred upon it by Parliament in 1984.

Bill C-38, the Jobs, Growth and Long-term Prosperity Act, expanded SIRC’s responsibilities. Pursuant to section 6(4) of the CSIS Act, the report provided by the Director of CSIS to the Minister of Public Safety will now be reviewed by SIRC who will provide the Minister of Public Safety with a certificate stating the extent to which it is satisfied with the content of the report.

Strategic Outcome and Program Alignment Architecture

Strategic Outcome and Program Alignment Architecture
Text Version

Strategic Outcome: The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

Program Activity (PAA):

  • Complaints
  • Reviews
  • Internal Services

Organizational Priorities

Organizational Priority
Priority TypeFootnote 1 Strategic Outcome
Continual improvement for reviews. Ongoing The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.
Summary of Progress

What progress has been made towards this priority?

  • SIRC successfully hosted the International Intelligence Review Agencies Conference which provided a wealth of information and exposed staff and Members to international best practices in the field of review.
  • SIRC continued to rely on thematic reviews in order to maximize its ability to assess a broader range of CSIS activities.
  • SIRC enhanced its research methodology by engaging with academics and experts in the security intelligence field. More specifically, hosted speakers in the fields of radicalization, cryptology and government operations.
Organizational Priority
Priority TypeFootnote 2 Strategic Outcome
Continual improvement for the complaints process. Ongoing The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.
Summary of Progress

What progress has been made towards this priority?

  • In some cases, staff vacancies affected SIRC’s ability to investigate complaints in a timely manner as a result of the need to reassign files already in progress.
  • SIRC legal staff provided training for SIRC’s new Chair in order to assist him in presiding over fair, efficient and timely hearings.

Risk Analysis

Risk Analysis
Risk Risk Response Strategy Link to Program Alignment Architecture Link to Organizational Priorities
In 2012, the Federal Court heard two judicial review applications in which the issue of SIRC’s jurisdiction to consider the Canadian Charter of Rights and Freedoms in the course of its investigations was raised.
  • Ensuring that legal staff are knowledgeable in the law relating to the Canadian Charter of Rights and Freedoms as it pertains to SIRC investigations.
  • Ensuring SIRC Members are fully educated on the application of the Canadian Charter of Rights and Freedoms as it pertains to SIRC investigations.
  • This risk was identified in the 2012-13 RPP as a potential risk as the court ruling had not been handed down at the time.

The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

  • Complaints
Continual improvement for the complaints process.
Bill C-38, the Jobs, Growth and Long-term Prosperity Act, expanded SIRC’s responsibilities. Pursuant to section 6(4) of the CSIS Act, the report provided by the Director of CSIS to the Minister of Public Safety will now be reviewed by SIRC who will provide the Minister of Public Safety with a certificate stating the extent to which it is satisfied with the content of the report. This is a new product for the Committee and a new relationship with the Minister of Public Safety. As with all new relationships, there is an element of risk while expectations are clarified for both organizations.
  • By transferring knowledgeable staff from the former Inspector General of CSIS’s office, a level of continuity was maintained.
  • The product was further enhanced through extensive internal and external consultation. Please see SIRC’s 2012-13 Annual ReportEndnote i for further information.
  • This risk was not identified in the 2012-13 RPP as the government’s intentions were not known by SIRC at that time.

The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

  • Reviews
Continual improvement for the review process.
Vacancies on the committee have a direct impact on the organization’s ability to operate effectively. During 2012-13, the Committee had two unexpected resignations which resulted in the positions being vacant for a lengthy period of time.
  • The organization reassigned workload to remaining Members who worked to fill the gaps.
  • This risk, although always present, was not specifically identified in the 2012-13 RPP.

The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

  • Reviews
  • Complaints
Continual improvement for the review process.

Continual improvement for the complaints process.

Summary of Performance

Financial Resources – Total Departmental ($ thousands)
Total Budgetary Expenditures
(Main Estimates)
2012–13
Planned Spending
2012–13
Total Authorities
(available for use) 2012–13
Actual Spending
(authorities used)
2012–13
Difference
(Planned vs. Actual Spending)
2,534 2,534 3,081 2,901 -367
Human Resources (Full-Time Equivalents— FTEs)
Planned
2012–13
Actual
2012–13
Difference
2012–13
16 14 2
Performance Summary Table for Strategic Outcome and Program(s) ($ thousands)

Strategic Outcome: The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.
Program

Total Budgetary Expenditures (Main Estimates 2012–13) Planned Spending Total Authorities (available for use) 2012–13 Actual Spending
(authorities used)
Alignment to Government
of Canada Outcomes
2012–
13
2013–
14
2014–
15
2012–
13Footnote 3
2011–
12
2010–
11
Reviews 1,136 1,136 1,535 1,535 1,251 1,053 1,108 1,039 Strong and Independent Democratic InstitutionsEndnote ii
Complaints 939 939 735 735 893 514 569 597 Strong and Independent Democratic InstitutionsEndnote iii
Strategic Outcome 1
Sub-Total
2,075 2,075 2,270 2,270 2,144 1,567 1,677 1,636  
Performance Summary Table for Internal Services ($ thousands)
Internal Services Total Budgetary Expenditures(Main Estimates 2012–13) Planned Spending Total Authorities (available for use)
2012–13
Actual Spending
(authorities used)
2012–13 2013–14 2014–15 2012–13 2011–12 2010–11
Internal services 459 459 716 713 937 1,334 1,157 1,047
Total Performance Summary Table ($ thousands)
Strategic Outcome(s) and Internal Services Total Budgetary Expenditures
(Main Estimates 2012–13)
Planned Spending Total Authorities
(available for use)
2012–13
Actual Spending
(authorities used)
2012–13 2013–14 2014–15 2012–13 2011–12 2010–11
Total 2,534 2,534 2,986 2,983 3,081 2,901 2,834 2,683

Expenditure Profile

Departmental Spending Trend

Departmental Spending Trend
Text Version
Departmental Spending Trend
2009-2010
Actual Spending
2010-2011
Actual Spending
2011-2012
Actual Spending
2012-2013 2013-2014
Planned Spending
2014-2015
Planned Spending
2015-2016
Planned Spending
thousands of dollars 2,355 2,683 2,834 2,901 2,986 2,983 2,974

Bill C-38, the Jobs, Growth and Long-term Prosperity Act, expanded SIRC's responsibilities in 2012-13. Additional funding for salaries and some operating expenses were transferred from Public Safety Canada to SIRC in order for the organization to fulfill its expanded mandate. This transfer increased SIRC’s authorities over what had previously been approved in the 2012-13 Main Estimates. In addition, the significant spending increase in Internal Services is due to the payment of severance pay requested by employees on a voluntary basis following the ratification of specific collective agreements and for employee retirements.

Future year sapending is expected to be flat and in line with the “Planned Spending” noted above.

Estimates by Vote

For information on the Security Intelligence Review Committee’s organizational Votes and/or statutory expenditures, please see the Public Accounts of Canada 2013 (Volume II)Endnote iv. An electronic version of the Public Accounts 2013 is available on the Public Works and Government Services Canada website.

Strategic Environmental Assessment

During 2012–13 the Security Intelligence Review Committee considered the environmental effects of initiatives subject to The Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals.

Section II: Analysis of Programs by Strategic Outcome

Strategic Outcome

The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.

Strategic Outcome: The Canadian Security Intelligence Service (CSIS) carries out its mandate to investigate and report on threats to national security in a manner that respects the rule of law and the rights of Canadians.
Performance Indicators Targets Actual Results
Number of reviews/complaint investigations that assessed whether CSIS activities were appropriate, effective and in compliance with the CSIS Act, Ministerial Direction and operational policy. No major incidents of non-compliance by CSIS. No major incidents of non-compliance by CSIS were identified during the review period.

Programs

1.1 Reviews

Financial Resources – For Program Level ($ thousands)
Total Budgetary Expenditures
(Main Estimates) 2012–13
Planned Spending
2012–13
Total Authorities
(available for use)
2012–13
Actual Spending
(authorities used)
2012–13
Difference
2012–13
1,136 1,136 1,251 1,053 83
Human Resources (FTEs) – For Program Level
Planned
2012–13
Actual
2012–13
Difference
2012–13
8 7 1
Performance Results – For Program
Expected Results Performance Indicators Targets Actual
Results
The improvement of CSIS's performance based on the findings and recommendations that SIRC makes in its reviews. Number of reviews completed as per SIRC's annual Research Plan. 100% of reviews completed per SIRC’s annual Research Plan. SIRC completed 100% of the reviews identified in the annual Research Plan.
Percentage of SIRC’s review recommendations accepted by CSIS. 70% of SIRC’s review recommendations accepted by CSIS. CSIS accepted 56% of SIRC’s recommendations.
Frequency of reviews of key elements of CSIS activities and operations. 100% of the statutory requirements, as per CSIS Act, are met. 100% of the statutory requirements, as per the CSIS Act, were met.
Production of SIRC Annual Report. Submission of SIRC Annual Report to Parliament as per statutory requirements. SIRC’s Annual Report was submitted to the Minister of Public Safety and Parliament according to statutory requirements.

1.2 Complaints

Financial Resources – For Program Level ($ thousands)
Total Budgetary Expenditures
(Main Estimates) 2012–13
Planned Spending
2012–13
Total Authorities
(available for use)
2012–13
Actual Spending (authorities used)
2012–13
Difference
2012–13
939 939 893 514 425
Human Resources (FTEs) – For Program Level
Planned
2012–13
Actual
2012–13
Difference
2012–13
3.5 3 0.5
Performance Results – For Program Level
Expected Results Performance Indicators Targets Actual Results
Parties before SIRC receive a fair and timely resolution of their complaint Percentage of complaint decisions upheld by the Federal Court on judicial review. 100% 100% of the complaint decisions were upheld on judicial review.
Percentage of complaints cases completed according to service standards. 85% 79% of decisions on jurisdiction to investigate the complaint were taken within the established service standard.
Of the complaint reports released, none were issued within the established service standard.

Internal Services

Financial Resources – For Program Level ($ thousands)
Total Budgetary Expenditures
(Main Estimates) 2012–13
Planned Spending
2012–13
Total Authorities
(available for use)
2012–13
Actual Spending (authorities used)
2012–13
Difference
2012–13
459 459 937 1,334 -875
Human Resources (FTEs) – For Program Level
Planned
2012–13
Actual
2012–13
Difference
2012–13
4.5 4 0.5

Performance Analysis and Lessons Learned

Reviews

With the exception of the “Percentage of SIRC’s review recommendations accepted by CSIS target, all other targets for this program were met. For additional information as well as a full summary of SIRC’s recommendations and reports please consult SIRC’s Annual ReportEndnote v for 2012-13.

Complaints

The challenge in meeting the service standards in the program were primarily due to the need to reassign active files. During the 2012-13 year, two Members resigned unexpectedly. In addition, there was a longer than anticipated vacancy in SIRC’s legal staff due to the unique skills required by the position and the extensive security clearance process needed prior to being able to appoint individuals.

For additional information on SIRC’s complaint reports, consult SIRC’s Annual ReportEndnote vi for 2012-13.

Section III: Supplementary Information

Financial Statements Highlights

Condensed Statement of Operations and Departmental Net Financial Position

Security Intelligence Review Committee
Condensed Statement of Operations and Departmental Net Financial Position (Unaudited)
For the Year Ended March 31, 2013
($ thousands)
  2012–13
Planned
Results
2012–13
Actual
2011–12
Actual
$ Change (2012–13 Planned vs. Actual) $ Change (2012–13 Actual vs. 2011–12 Actual)
Total expenses 3,091 3,094 3,236 (3) (142)
Total revenues 0 0 0 0 0
Net cost of operations before government funding and transfers 3,091 3,094 3,236 (3) (142)
Departmental net financial position (270) (69) (327) (201) 258

The decrease of $142 thousand in the net cost of operations before government funding and transfers from fiscal year 2011-12 to 2012-13 is mainly due to a decrease in salary expenses related to the absence of severance pay cash-out compared to last fiscal year, maternity leave and a decrease of full time employees as a result of reduced spending and fiscal restraint.

The decreases were partially offset by an increase in professional and special services and in transportation and communications.

The increase of $258 thousand in the actual Departmental net financial position is due to a decrease in net liabilities and net financial assets partially offset by the prepaid expenses.

The 2012-13 actual Departmental net financial position is lower by $201 thousand compared to the 2012-13 Planned Results. The difference is mostly explained by less liability in Vacation and Employee Future Benefits and more assets in Due from the Consolidated Revenue Fund, Accounts receivable and Prepaid expenses. The $201 thousand is partially offset by more liability in accounts payable.

Fiscal Year 2013 - Expenses per program

Fiscal Year 2012-2013 - Expenses per Program Activity (thousands of dollars)
Complaints Reviews Internal Services
495 904 1,695

The Security Intelligence Review Committee (SIRC) has three key programs related to its strategic outcome: the review Program, the complaints Program and Internal Services. The 2012-13 total expenses per program are described below:

$904 thousand (29%) was spent under the review Program in fiscal year 2012-13 compared to $1,149 thousand in fiscal year 2011-12. $495 thousand (16%) was spent under the complaints Program in fiscal year 2012-13 compared to $477 thousand in fiscal year 2011-12. $1,695 thousand (55%) was spent under Internal Services in fiscal year 2012-13 compared to $1,610 thousand in fiscal year 2011-12.

The decrease in expenses for the review Program (a decrease of $245 thousand from fiscal year 2011-12) is mainly due to a decrease in salary expenses related to maternity leave and a reduction of full time employees.

The slight increase in expenses for the complaint Program (an increase of $18 thousand from fiscal year 2011-12) is due to an increase in salary expenses related to an internal reallocation and offset by a reduction in professional and special services expenditures.

The increase in expenses for Internal Services (an increase of $85 thousand from fiscal year 2011-12) is due to an increase in professional and special services expenditures and transportation and communications expenditures offset by a reduction in salary expenses and in purchased repair and maintenance expenditures.

Condensed Statement of Financial Position

Security Intelligence Review Committee
Condensed Statement of Financial Position (Unaudited)
As at March 31, 2013
($ thousands)
  2012–13 2011–12 $ Change
Total net liabilities 421 676 255
Total net financial assets 293 319 (26)
Departmental net debt 128 357 229
Total non-financial assets 59 30 29
Departmental net financial position (69) (327) 258

The departmental net financial position was -$69 thousand at the end of fiscal year 2012-13, which represents a decrease of $258 thousand compared to fiscal year 2011-12. In the following charts, a more granular level of information is provided to explain the details of the departmental financial position.

2013 Liabilities by type

2012-2013 Liabilities by type (thousands of ollars)
Accounts payable and other liabilities Vacation pay and compensatory leave Employee severance benefits
299 4 118

Total net liabilities were $421 thousand at the end of fiscal year 2012-13, which represents a decrease of $255 thousand compared to $676 thousand in fiscal year 2011-12. SIRC’s 2012-13 liabilities primarily include: accounts payable at $299 thousand (71%) and severance pay liability at $118 thousand (28%). The decrease when compared to 2011-12 is mainly due to the absence of severance pay cash-out and less vacation paid to employees.

2013 Assets by type

2012-2013 Assets by type (thousands of dollars)
Accounts receivable and advances Due from the Consolidated Revenue Fund Prepaid expenses Tangible capital assets
42,200 251,000 31,700 24,600

Total net financial and non-financial assets were $352 thousand in 2012-13, an increase of $3 thousand compared to $349 thousand in fiscal year 2011-12. SIRC’s most important asset is the Due from the Consolidated Revenue Fund at $251 thousand (72%).

Financial Statements

The Security Intelligence Review Committee’s Financial StatementsEndnote vii can be found on its website.

Supplementary Information Tables

All electronic supplementary information tables listed in the 2012–13 Departmental Performance Report can be found on the Security Intelligence Review Committee’s website.

Tax Expenditures and Evaluations Report

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 publishes cost estimates and projections for these measures annually in the Tax Expenditures and EvaluationsEndnote viii publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the sole responsibility of the Minister of Finance.

Section IV: Other Items of Interest

Organizational Contact Information

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

Telephone: (613) 990-8441
Facsimile: (613) 990-5230

Internet: www.sirc-csars.gc.ca
E-Mail: info@sirc-csars.gc.ca

Additional Information

Legislation Administered

Canadian Security Intelligence Service ActEndnote ix

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