ARCHIVED - Office of the Communications Security Establishment Commissioner - Report

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Message from the Commissioner

I am pleased to present the 2011-2012 Report on Plans and Priorities for the Office of the Communications Security Establishment Commissioner (the office), my first as Commissioner and the third since the office became a separate agency with its own appropriation in 2008-09.

This report details the plans and priorities of my office over the next three years. I intend to increase the capacity of my office to perform studies and reviews and in so doing will be better able to assess whether the mandated activities of Communications Security Establishment Canada's (CSEC) comply with the law and safeguard the privacy of Canadians. The review results should enable me, as Commissioner, to provide assurance to the Minister of National Defence, who is accountable for CSEC, and through him to Parliament and all Canadians, that CSEC complies with the law and protects the privacy of Canadians. Should CSEC not comply with the law, I am required by the legislation to report that to the Minister and to the Attorney General.  

My office will continue to maintain a professional and effective working relationship with CSEC, a relationship that is key to the overall success of the office in the pursuit of my mandate.

My office will also continue to play a role promoting increased contact and sharing of best practices among review agencies, both nationally and internationally. As well, the office will further strengthen its management and administrative practices to improve its stewardship over its resources and comply with the financial and administrative policies and directives of the central agencies.  

I look forward to leading my office in successfully meeting the challenges that lie ahead in the complex and ever-changing world of security and intelligence.

Honourable Robert Décary, Q.C.
Commissioner
February 1, 2011

Section I: Overview of the Office

Raison d'être and Responsibilities

Raison d'être 

Responsibilities

The duties of the Commissioner are set out under subsections 273.63(2) and (3) and 273.65(8) of the National Defence Act (NDA):

NDA 273.63(2)

a) to review the activities of the Establishment [CSEC] to ensure that they are in compliance with the law;

b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary;

c) to inform the Minister of National Defence and the Attorney General of Canada of any activity of the Establishment that the Commissioner believes may not be in compliance with the law;

NDA 273.63(3)

... within 90 days after the end of each fiscal year, submit an annual report to the Minister on the Commissioner's activities and findings ...;

NDA 273.65(8)

... review activities carried out under an [ministerial] authorization .... to ensure that they are authorized and report annually to the Minister on the review;

Additionally, under Section 15 of the Security of Information Act, the Commissioner is mandated:

to receive information from persons who are permanently bound to secrecy and who seek to defend the release of classified information about Communications Security Establishment Canada on the grounds that it is in the public interest.

Strategic Outcome

The strategic outcome of the Office of the Communications Security Establishment Commissioner is that the CSEC performs its duties and functions in accordance with the laws of Canada. This includes safeguarding the privacy of Canadians.

The office has two program activities – its review program and internal services.  

Program Activity Architecture

The relationship of the program activities, the priorities and the strategic outcome is illustrated in the diagram below.

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Planning Summary

Office Resources

Financial Resources (thousands of dollars)

2011–12	2012–13	2013–14
2,108	2,108	2,108

The financial resources table above provides a summary of the total planned spending for the office for the next three fiscal years.

Human Resources

2011–12	2012–13	2013–14
10	11	11

The human resources table above provides a summary of the total planned human resources for the office for the next three fiscal years. This includes the Commissioner and 9 staff in 2011-12 and the Commissioner and 10 staff in 2012-13 and 2013-14.

Alignment to Government of Canada Outcomes

Strategic Outcome: The Communications Security Establishment Canada performs its duties and functions in accordance with the laws of Canada. This includes safeguarding the privacy of Canadians.

Performance Indicators	Targets
CSEC compliance with the laws of Canada	CSEC complies with the law in those areas reviewed throughout the planning period
Extent to which the privacy of Canadians is safeguarded	Canadian identity information is safeguarded

Program Activity	Expected Results	Forecast Spending 2010-2011 (thousands of dollars)	Planned Spending (thousands of dollars)			Alignment to Gov't of Canada Outcomes
			2011-2012	2012-2013	2013-2014
Review Program	CSEC complies with the laws of Canada and safeguards the privacy of Canadians	1,200	1,358	1,358	1,358	Safe and secure Canada
Internal Services	Improved stewardship and compliance with central agency requirements	500	750	750	750
Total Planned Spending of the office		1,700	2,108	2,108	2,108

Contribution of Priorities to Strategic Outcome

The office has a single strategic outcome that has remained constant over time. It achieves this strategic outcome through its review program, supported by the internal services activities. The review program needs to be adjusted and refined on an ongoing basis in order to meet the challenges arising from the changing environment. An effective and efficient review program will enable the Commissioner to fulfill his mandate and provide the necessary assurances to the Minister, Parliament and ultimately to all Canadians.

The priorities set out below are the specific items that the Commissioner has chosen to focus the attention and resources of the office on during the planning period in order to fulfill his mandate and the achievement of the office's strategic outcome (SO). To a large extent, the strategic direction, the priorities and plans have, over time, remained relatively constant. The focus is not so much on change but rather on doing what is being done more effectively and efficiently.

Operational Priorities	Type	Links to Strategic Outcome	Description
Improving the effectiveness and efficiency of the review program	Ongoing	The Communications Security Establishment Canada performs its duties and functions in accordance with the laws of Canada. This includes safeguarding the privacy of Canadians.	The office continues to await the introduction of legislative amendments to the National Defence Act that will clarify ambiguities. Ultimately this will assist the Commissioner in interpreting CSEC's legislated authority and in reviewing how it is applied. The office will continue to examine the risk assessment process for selecting and prioritizing areas and activities for review in order to increase the overall effectiveness of the review program. The office will also continue to strive for a professional and effective working relationship with CSEC in the planning and execution of reviews, to ensure that reviews are completed in a timely manner and that any resulting recommendation are accepted and any deficiencies from negative findings are addressed. The Commissioner plans to expand the capacity of the office to perform reviews by recruiting new employees. In order to promote a greater appreciation and understanding of the challenges facing the security and intelligence community, the office will continue to support international and domestic conferences addressing key review, security and intelligence issues. The Commissioner will continue to meet senior government officials to foster a greater understanding of the challenges being faced.

Management Priorities	Type	Links to Strategic Outcome	Description
Improving stewardship	Previously committed to	Provides full range of support activities to the review program	Over the planning period, the office will continue to examine its financial, personnel, procurement, informatics and security practices to ensure that they meet the operational and information requirements of management in an efficient and effective manner and that they are in compliance with the legislative and policy requirements of the central agencies. Additional office accommodation with the appropriate security fit-up must be acquired and in use in 2011-12 in order that the existing and planned operational capacity will not be impeded by a lack of suitable space.

Risk Analysis

The office has the same strategic outcome and programs as the previous year. The plans and priorities have remained relatively unchanged. Despite this relative constancy, the office must address a number of issues.

The late Commissioner Gonthier noted that “the length of time that has passed without producing amended legislation puts at risk the integrity of the review process.” The office continues to await the introduction of amendments to clarify ambiguities in the National Defence Act. Ultimately, this will assist the Commissioner in interpreting CSEC's legislated authority and in reviewing how CSEC applies its authority.

CSEC operates in a dynamic and complex environment, of rapidly evolving technologies and changing priorities and threats. In response to this, the office must have and maintain the capacity to complete meaningful, relevant, reliable and timely reviews of CSEC's activities. As a micro-agency, that is also a separate employer, it is difficult to attract individuals who possess the required knowledge of and experience in the security and intelligence community with requisite security clearances and the willingness to be employed outside the Public Service proper.    

In addition to new review staff, the office continues to improve on its tools, methodology and training as a means to improve capacity and the effectiveness and efficiency of the review program.

The success of the review program (recommendations accepted and implemented) depends to a great extent on the cooperation of CSEC. The office will continue to work with CSEC, including holding annual roundtable meetings, to optimize the review process while minimizing adverse impacts on CSEC's operations. Discussions on plans, findings and recommendations of individual reviews will also continue with CSEC to ensure that reviews proceed as efficiently as possible and are completed in a timely manner.

The office is continuing to work with PWGSC to help ensure that additional secure office space is made available during 2011-12. Additional review staff cannot be engaged without additional secure office space for them to work in. The additional space will also help to optimize working conditions for the ongoing workforce in the performance of studies, reviews and internal services.

The requirements of the central agencies continue to evolve and change. As a result, efforts must continue to ensure that the financial, administrative, information, security and human resource systems meet the needs of management as well as the requirements of the central agencies.  

Expenditure Profile

Expenditure Profile

In 2008-09, the office became an agency of government and received its first appropriation of approximately $1.5 million. Expenditures for 2008-09 were $1.4 million. This level of expenditures reflects the partial costs of moving towards administrative independence and of replacing support services, previously provided by DND and the Privy Council Office, with the office's own support services.

In 2009-10, the level of funding increased to $2.1 million. The additional funding was to provide the office with sufficient funding to operate as a separate agency and at the same time expand the review program, acquire additional office space, and increase the administrative support necessary to support the expanded review program. The total spending during 2009-10 was $1.5 million. Costs related to the acquisition and set-up of additional office space and the expansion of the review program were not incurred during the 2009-10.

In 2010-11, the estimated expenditures are $1.7 million. However, delays not imputable to the office in the acquisition and set-up of additional office space, and the consequent delays to the expansion of the review program, may result in expenditures at a lower level.

The forecast spending for fiscal year 2011-12 and the planned spending for fiscal years 2012-13, 2013-14 and 2014-15 are constant at $2.1 million. This represents approximate “full capacity” spending for the review program and for internal services. It should be noted that the Commissioner's mandate also includes undertaking any investigation deemed necessary in response to a complaint. However, if a complaint is received which requires an investigation and formal hearing, it is quite likely that additional funding would have to be requested. The Commissioner also has a duty under the Security of Information Act to receive information from persons who are permanently bound to secrecy and seek to defend the release of classified information about CSEC on the grounds that it is in the public interest. No such matters were reported in the past three fiscal years.

Departmental Spending Trend

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The spending trend graph above shows the actual expenditures for the years ending March 31, for 2009 and 2010, the forecast spending for 2011 and the planned spending for 2012 through to 2015.

Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the 2011–12 Main Estimates publication. An electronic version of the Main Estimates is available at http://www.tbs-sct.gc.ca/est-pre/2011-2012/me-bpd/toc-tdm-eng.asp.

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