2018-2019 Departmental Plan

Table of Contents

Commissioner's message

I am pleased to submit the 2018–19 Departmental Plan for the Office of the Communications Security Establishment Commissioner.

It is important to state at the outset that my mandate as the Communications Security Establishment Commissioner is unchanged. It is set out under Part V.1 of the National Defence Act (NDA):

1. to review activities of Communications Security Establishment (CSE) – which includes foreign signals intelligence and information technology (IT) security activities to support the Government of Canada – to determine whether they comply with the law;
2. to undertake any investigation the Commissioner considers necessary in response to a written complaint; and
3. to inform the Minister of National Defence (who is accountable to Parliament for CSE) and the Attorney General of Canada of any CSE activity that the Commissioner believes may not be in compliance with the law.

Under section 15 of the Security of Information Act, the Commissioner also has a mandate to receive information from persons who are permanently bound to secrecy if they believe it is in the public interest to release special operational information of CSE.

The review program will continue to examine those activities that pose the greatest risk to compliance with the law and to the privacy of Canadians. The results of individual reviews will continue to be produced as classified reports to the Minister that document CSE activities, contain findings relating to the standard criteria, and disclose the nature and significance of any deviations from the criteria.

But it is not business as usual. Bill C-59, “An Act respecting national security matters” received first reading in the House of Commons in June, 2017. Among the many changes proposed that would impact national security, the CSE Commissioner will no longer be responsible for the review of CSE activities.  Instead, the Intelligence Commissioner Act (Part 2 of Bill C-59), creates the Intelligence Commissioner who will have a quasi-judicial role of reviewing and approving authorizations issued by Ministers for certain activities of CSE and Canadian Security Intelligence Service (CSIS) before those activities can be conducted. Under the proposed legislation, I will transition from the CSE Commissioner to the Intelligence Commissioner. Employees of the CSE Commissioner will occupy their position in the office of the new Commissioner. Monies remaining from the appropriation of the CSE Commissioner will be deemed an appropriation of the new Commissioner.

The office cannot remain static and has not. In anticipation of some version of Bill C-59 receiving Royal Assent in 2018–19, the office reorganized and filled vacant review positions with senior review officers, experienced in review, but able to conduct reasonability reviews as would be required by the mandate of the Intelligence Commissioner. This would help to ensure that the Intelligence Commissioner would be operational from the outset.

I, along with my office, will continue to work with senior officials of the Privy Council Office, CSE, and CSIS, as the legislation is being reviewed and refined to help ensure that, when finalized, it is effective, efficient and transparent. By strengthening oversight and increasing transparency, the office can contribute to enhancing Canada's national security framework and to providing assurance to Canadians their rights and freedoms are being respected while their security and safety is as assured as possible.

_______________________________

The Honourable Jean-Pierre Plouffe, CD
Commissioner

February 28, 2018

Plans at a glance

The Communications Security Establishment Commissioner will continue to discharge his mandate to determine whether CSE performs its duties and functions in accordance with the laws of Canada. This includes having due regard for the privacy of Canadians. As has been the practice, comprehensive reviews of activities that pose the greatest risk to compliance with the law and to the privacy of Canadians will be planned, performed and reported upon. The Commissioner will deliver his public annual report for Parliament to the Minister of National Defence in accordance with legislative requirements.

The Commissioner, along with his staff, will continue to assess Bill C-59 as it moves toward Royal Assent and we will continue briefings and discussions with CSE and CSIS to further identify potential for changes and amendments. These efforts are intended to strengthen the Bill, making it more efficient, flexible and transparent.

As it is currently written, Part 2 of Bill C-59, the Intelligence Commissioner Act, provides for the transition of the CSE Commissioner into the new role of Intelligence Commissioner. The responsibility the Commissioner currently has to conduct post-facto reviews of CSE activities will be assumed by the new National Security and Intelligence Review Agency. As the Intelligence Commissioner, the Commissioner will have the responsibility to review and approve (or not) authorizations issued by Ministers for certain activities of CSE and CSIS before those activities can be conducted. The office has re-organized and restructured, capable now of performing compliance reviews of the legality of CSE activities and capable, when required, for conducting reasonability reviews of the conclusions supporting authorizations/determinations by Ministers of CSE and CSIS.

Work will continue within the office on creating a comprehensive review program based on reasonableness (developing an approach, methodology, objectives, criteria, and disclosure practices) to support the Intelligence Commissioner in the effective discharge of his mandate.  In addition, consultations will continue with CSE and CSIS officials to gain further precisions on the volume, nature, complexity, timing and frequency of authorizations, amendments and determinations will fall within the review scope of the Intelligence Commissioner.

For more information on the Office of the Communications Security Establishment Commissioner's plans, priorities and planned results, see the “Planned results” section of this report.

Planned results: what we want to achieve this year and beyond

Core Responsibility

Review of CSE activities to determine compliance with the law

Description

The CSE Commissioner provides independent, external review of CSE activities to determine whether they complied with the laws of Canada, including the National Defence Act, the Charter of Rights and Freedoms and the Privacy Act. The results of individual reviews are produced as classified reports to the Minister that document CSE activities, contain findings relating to the standard criteria, and disclose the nature and significance of any deviations from the criteria. If necessary, the Commissioner makes recommendations to the Minister aimed at improving privacy protections or correcting problems with CSE operational activities raised during the course of review. The Commissioner provides an annual report for Parliament about his activities, including unclassified summaries of his classified reviews of CSE activities.

Planning highlights

The review program of the CSE Commissioner continues to provide timely and effective review of CSE activities that pose the greatest risk to compliance with the law and to the privacy of Canadians. Over the past three years, the results achieved have exceeded the targets established. The office will continue to maintain its effective working relationship with CSE and to foster a professional working relationship based on mutual respect and an understanding of each other's role.

Going forward, there are no significant changes anticipated for the program.  The resources are in place and the existing review methodology and practices employed are sufficient to support the effective discharge of the program.

The CSE Commissioner has always sought to strengthen and increase transparency.  In so doing, he would contribute to a better-informed public discussion, enhanced accountability, and increased public confidence and trust that ongoing security and intelligence activities are providing both safety and privacy protection. In numerous discussion papers, appearances before Parliamentary Committees, conferences and other public forum, he has sought to strengthen the security and intelligence accountability framework.

This practice has continued with the introduction of Bill C-59, “An Act respecting national security matters”. Bill C-59 was given first reading in the House of Commons on June 20, 2017. It proposes, among other significant changes, a completely new role for the CSE Commissioner and his office. This new role for intelligence accountability, as set out in the Intelligence Commissioner Act (Part 2 of Bill C-59) would see the CSE Commissioner transition to the Intelligence Commissioner and the existing/remaining resources of the office of the CSE Commissioner transfer to the office of the new Commissioner. The responsibilities now performed by the CSE Commissioner for post-facto review of CSE activities would be assumed by the new National Security and Intelligence Review Agency, also proposed in Bill C-59.

Since it was tabled in June, the Commissioner and senior officials in the office have been involved in discussions concerning Bill C-59 with the Ministers and senior officials of Public Safety, National Defence, Communications Security Establishment, Canadian Security Intelligence Service, Privy Council Office, and the Security and Intelligence Review Committee. Substantive and technical proposals have been sent to the Minister of Public Safety and the Minister of National Defence and an appearance was made before the Standing Committee on Public Safety and National Security. All of these efforts are to assist in the review of Bill C-59 to ensure it is as efficient, flexible and transparent as possible and that the quasi-judicial role of the Intelligence Commissioner can be effectively discharged.

The introduction of Bill C-59 in June 2017 also brought about changes to the existing organizational structure and resourcing of the review program. It was determined that the office required a special legal advisor whose singular focus would be Bill C-59. It would be essential that the proposed legislation be examined in detail to ensure that the intelligence accountability role envisioned for the Intelligence Commissioner would be comprehensive, efficient, flexible and transparent. The review program was restructured resulting in a more efficient program delivery without impacting effectiveness. Staffing, with a focus on transitioning, allowed the office to hire employees experienced with not only CSE but CSIS, capable of performing review (existing mandate) but with skill sets that would enable a seamless transition to quasi-judicial assessments (proposed new mandate) under the Intelligence Commissioner Act.

With the staff in place, including the new special legal advisor, efforts are currently underway to develop an approach, methodology and the tools/practices to allow for the performance of timely, comprehensive assessments of the reasonableness of conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the proposed Communications Security Establishment Act and the proposed/amended Canadian Security Intelligence Service Act.

Planned results

Departmental Result	Departmental Result Indicators	Target	Date to achieve target	2014–15 Actual results	2015–16 Actual results	2016–17 Actual results
Timely and effective review of the Communications Security Establishment's compliance with the laws and legislation governing its activities.	% of recommendations accepted	80%	Mar 31, 2019	100%	100%	100%
	% of reviews completed within targeted time frames	80%	Mar 31, 2019	90%	90%	100%

Budgetary financial resources (dollars)

2018–19 Main Estimates	2018–19 Planned spending	2019–20 Planned spending	2020–21 Planned spending
1,628,744	1,628,744	1,628,744	1,628,744

Human resources (full-time equivalents)

2018–19 Planned full-time equivalents	2019–20 Planned full-time equivalents	2020–21 Planned full-time equivalents
8.5	8.5	8.5

Financial, human resources and performance information for the Office of the Communications Security Establishment Commissioner's Program Inventory is available in the GC InfoBase.

Internal Services

Description

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct service categories that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; and Acquisition Services.

Budgetary financial resources (dollars)

2018–19 Main Estimates	2018–19 Planned spending	2019–20 Planned spending	2020–21 Planned spending
491,894	491,894	491,894	491,894

Human resources (full-time equivalents)

2018–19 Planned full-time equivalents	2019–20 Planned full-time equivalents	2020–21 Planned full-time equivalents
3	3	3

Planning highlights

In 2018–19, Internal Services will continue to support the Commissioner, the Executive Director and the review program across the full range of internal services. This support will include the following:

• Continued strengthening of the financial management control framework;
• Continued documentation of the policies, directives, standards, procedures and processes necessary to support the CSE Commissioner in the exercise of his human resource management authorities;
• Develop and document the additional policies, directives, standards, procedures and processes that may be necessary to support the Intelligence Commissioner in the exercise of his human resource management authorities; and
• Establish a more rigorous records management regime for internal services.

Spending and human resources

Planned spending

Departmental spending trend graph

Budgetary planning summary for Core Responsibilities and Internal Services (dollars)

Core Responsibility and Internal Services	2015–16 Expenditures	2016–17 Expenditures	2017–18 Forecast spending	2018–19 Main Estimates	2018–19 Planned spending	2019–20 Planned spending	2020–21 Planned spending
Review of CSE activities to determine compliance with the law	1,498,360	1,359,747	1,550,022	1,628,744	1,628,744	1,628,744	1,628,744
Internal Services	536,517	644,631	529,968	491,894	491,894	491,894	491,894
Total	2,034,877	2,004,378	2,079,990	2,120,638	2,120,638	2,120,638	2,120,638

From 2015–16 to 2017–18, expenditures have varied from a low of $2,004 thousand to a high of $2,079 thousand, a change of little more than 3%. The small increase can be attributed to salary increases and an increase in human resource professional services as the office prepared for the potential impact on human resource management related to the implementation of Bill C-59. There was also a one-time increase in 2017–18 for communications professional services for a comparative analysis of review, oversight and accountability mechanisms for national intelligence across the Five Eyes community.

The Main Estimates and planned spending are constant over the three-year planning period (2018–19 to 2020–21). This is entirely appropriate given that there are no significant changes planned for the Commissioner's review program.

If during the planning period Bill C-59 is passed, the transition provisions of Bill C-59, as they relate to the Intelligence Commissioner and his new office, provide for the transfer of the remaining balance of the appropriation of the Office of the CSE Commissioner to the Office of the Intelligence Commissioner.

Planned human resources

Human resources planning summary for Core Responsibilities and Internal Services (full-time equivalents)

Core Responsibility and Internal Services	2015–16 Actual	2016–17 Actual	2017–18 Forecast	2018–19 Planned	2019–20 Planned	2020–21 Planned
Review of CSE activities to determine compliance with the law	8.5	8.5	8.5	8.5	8.5	8.5
Internal Services	3	3	3	3	3	3
Total	11.5	11.5	11.5	11.5	11.5	11.5

The office restructured in 2017–18.  By adjusting slightly the educational and experience requirements of review staff in the staffing of three review positions and by eliminating a level of review management, the program could still be delivered effectively but more efficiently. The current review program human resource make-up has the office well positioned to deliver on the program of the Intelligence Commissioner whenever Bill C-59 becomes law.

Estimates by vote

For information on the Office of the Communications Security Establishment Commissioner's organizational appropriations, consult the 2018–19 Main Estimates.

Future-Oriented Condensed Statement of Operations

The Future‑Oriented Condensed Statement of Operations provides a general overview of the Office of the CSE Commissioner's operations. The forecast of financial information on expenses and revenues is prepared on an accrual accounting basis to strengthen accountability and to improve transparency and financial management.

Because the Future‑Oriented Condensed Statement of Operations is prepared on an accrual accounting basis, and the forecast and planned spending amounts presented in other sections of the Departmental Plan are prepared on an expenditure basis, amounts may differ.

A more detailed Future‑Oriented Statement of Operations and associated notes, including a reconciliation of the net cost of operations to the requested authorities, are available on the Office of the Communications Security Establishment Commissioner's  website.

Future‑Oriented Condensed Statement of Operations for the year ended March 31, 2019 (dollars)

Financial information	2017–18 Forecast results	2018–19 Planned results	Difference (2018–19 Planned results minus 2017–18 Forecast results)
Total expenses	2,293,807	2,315,471	21,664
Net cost of operations before government funding and transfers	2,293,807	2,315,471	21,664

The overall increase is less than 1% and can be attributed to an increase in personnel costs.

Supplementary information

Corporate information

Organizational profile

Appropriate minister (under the Financial Administration Act):

The Honourable Harjit S. Sajjan, PC, OMM, MSM, CD, MP – Minister of National Defence

Institutional head: The Honourable Jean-Pierre Plouffe, CD – Commissioner

Ministerial portfolio: National Defence

Enabling instruments: National Defence Act, Inquiries Act ,  Security of Information Act

Year of incorporation / commencement: 1996

Other: The Commissioner's office was granted its own appropriation in 2008

Raison d'être, mandate and role

“Raison d'être, mandate and role: who we are and what we do” is available on the Office of the Communications Security Establishment Commissioner's website.

Operating context and key risks

Information on operating context and key risks is available on the Office of the Communications Security Establishment Commissioner's website.

Reporting framework 

The Office of the Communications Security Establishment Commissioner's Departmental Results Framework and Program Inventory of record for 2018–19 are shown below:

Concordance between the Departmental Results Framework and the Program Inventory, 2018–19, and the Program Alignment Architecture, 2017–18

2018–19 Core Responsibility and Program Inventory	2017–18 Lowest-level program of the Program Alignment Architecture	Percentage of lowest-level Program Alignment Architecture program (dollars) corresponding to the program in the Program Inventory
Core Responsibility 1: Review of CSE activities to determine compliance with the law
Program: The Communications Security Establishment Commissioner's Review Program	Program: The Communications Security Establishment Commissioner's Review Program	100

Supporting information on the Program Inventory

Supporting information on planned expenditures, human resources, and results related to the Office of the Communications Security Establishment Commissioner's Program Inventory is available in the GC InfoBase.

Supplementary information tables

The following supplementary information table is available on the Office of the Communications Security Establishment Commissioner's website:

• Departmental Sustainable Development Strategy
• Gender-Based Analysis

Federal tax expenditures

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 Canada publishes cost estimates and projections for these measures each year in the Report on Federal Tax Expenditures. This report also provides detailed background information on tax expenditures, including descriptions, objectives, historical information and references to related federal spending programs. The tax measures presented in this report are the responsibility of the Minister of Finance.

Organizational contact information

The Office of the Communications Security Establishment Commissioner can be reached at the following address:

Office of the Communications Security Establishment Commissioner
P.O. Box 1474, Station "B"
Ottawa, ON K1P 5P6

The Office may also be reached:

Telephone: 613-992-3044

Facsimile: 613-992-4096

Email: info@ocsec-bccst.gc.ca

For further information on the Office of the Communications Security Establishment Commissioner, its mandate and function, please visit the office's website.

Appendix: definitions

appropriation (crédit)

Any authority of Parliament to pay money out of the Consolidated Revenue Fund.

budgetary expenditures (dépenses budgétaires)

Operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.

Core Responsibility (responsabilité essentielle)

An enduring function or role performed by a department. The intentions of the department with respect to a Core Responsibility are reflected in one or more related Departmental Results that the department seeks to contribute to or influence.

Departmental Plan (plan ministériel)

A report on the plans and expected performance of appropriated departments over a three-year period. Departmental Plans are tabled in Parliament each spring.

Departmental Result (résultat ministériel)

Any change or changes that the department seeks to influence. A Departmental Result is often outside departments' immediate control, but it should be influenced by Program-level outcomes.

Departmental Result Indicator (indicateur de résultat ministériel)

A factor or variable that provides a valid and reliable means to measure or describe progress on a Departmental Result.

Departmental Results Framework (cadre ministériel des résultats)

The department's Core Responsibilities, Departmental Results and Departmental Result Indicators.

Departmental Results Report (rapport sur les résultats ministériels)

A report on the actual accomplishments against the plans, priorities and expected results set out in the corresponding Departmental Plan.

experimentation

Activities that seek to explore, test and compare the effects and impacts of policies, interventions and approaches, to inform evidence-based decision-making, by learning what works and what does not.

full-time equivalent (équivalent temps plein)

A measure of the extent to which an employee represents a full person-year charge against a departmental budget. Full-time equivalents are calculated as a ratio of assigned hours of work to scheduled hours of work. Scheduled hours of work are set out in collective agreements.

gender-based analysis plus (GBA+) (analyse comparative entre les sexes plus [ACS+])

An analytical process used to help identify the potential impacts of policies, Programs and services on diverse groups of women, men and gender-diverse people. The “plus” acknowledges that GBA goes beyond sex and gender differences. We all have multiple identity factors that intersect to make us who we are; GBA+ considers many other identity factors such as race, ethnicity, religion, age, and mental or physical disability.

government-wide priorities (priorités pangouvernementales)

For the purpose of the 2018–19 Departmental Plan, government-wide priorities refers to those high-level themes outlining the government's agenda in the 2015 Speech from the Throne, namely: Growth for the Middle Class; Open and Transparent Government;  A Clean Environment and a Strong Economy; Diversity is Canada's Strength; and Security and Opportunity.

horizontal initiative (initiative horizontale)

An initiative in which two or more federal organizations, through an approved funding agreement, work toward achieving clearly defined shared outcomes, and which has been designated (by Cabinet, a central agency, etc.) as a horizontal initiative for managing and reporting purposes.

non-budgetary expenditures (dépenses non budgétaires)

Net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.

performance (rendement)

What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve, and how well lessons learned have been identified.

performance indicator (indicateur de rendement)

A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, program, policy or initiative respecting expected results.

performance reporting (production de rapports sur le rendement)

The process of communicating evidence-based performance information. Performance reporting supports decision making, accountability and transparency.

planned spending (dépenses prévues)

For Departmental Plans and Departmental Results Reports, planned spending refers to those amounts presented in the Main Estimates. 

A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their Departmental Plans and Departmental Results Reports.

plan (plan)

The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead up to the expected result.

priority (priorité)

A plan or project that an organization has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired Departmental Results.

program (programme)

A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and that are treated as a budgetary unit.

Program Alignment Architecture (architecture d'alignement des programmes)^{Note 1}

A structured inventory of an organization's programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.

results (résultat)

An external consequence attributed, in part, to an organization, policy, program or initiative. Results are not within the control of a single organization, policy, program or initiative; instead they are within the area of the organization's influence.

statutory expenditures (dépenses législatives)

Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.

Strategic Outcome (résultat stratégique)

A long-term and enduring benefit to Canadians that is linked to the organization's mandate, vision and core functions.

sunset program (programme temporisé)

A time-limited program that does not have an ongoing funding and policy authority. When the program is set to expire, a decision must be made whether to continue the program. In the case of a renewal, the decision specifies the scope, funding level and duration.

target (cible)

A measurable performance or success level that an organization, program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.

voted expenditures (dépenses votées)

Expenditures that Parliament approves annually through an Appropriation Act. The Vote wording becomes the governing conditions under which these expenditures may be made.