Rules of Procedure

Adopted - March 9, 1985

Rules of Procedure of the Security Intelligence Review Committee in Relation to its Function Under Paragraph 38(C) of the Canadian Security Intelligence Service Act

General

1.“Chairman” means the person appointed as Chairman of the Security Intelligence Review Committee by the Governor in Council pursuant to subsection 34(1) of the Act and may include another member designated to act as Chairman pursuant to subsection 35(2) of the Act.

“Executive Director” means the “director” referred to in paragraph 36(a) of the Act and may include either a permanent or an acting “director” engaged by the Committee who has complied with security requirements under section 37 of the Act.

“Member” means a person appointed as a member of the Security Intelligence Review Committee pursuant to subsection 34(1) of the Act.

“Party” means

  1. the person affected,
  2. the Director and
    1. for the purpose of complaints under section 42 of the Act, the deputy head concerned;
    2. for the purpose of references under paragraph 45(2)(b) of the Canadian Human Rights Act, the Minister referred to in subsection 45(2);
    3. for the purpose of reports under subsection 17.1(2) of the Citizenship Act, the Minister designated under that Act; or
    4. for the purpose of reports under subsections 39(2) and 82.1(2) of the Immigration Act, 1976, the Minister designated under that Act and the Solicitor General.

“Person affected” means

  1. the complainant under section 41 of the Act;
  2. the complainant under subsection 42(3) of the Act;
  3. for the purpose of references under paragraph 45(2)(b) of the Canadian Human Rights Act, the complainant before the Canadian Human Rights Commission;
  4. for the purpose of reports under subsection 17.1(2) of the Citizenship Act, the person referred to in the Minister's report pursuant to that subsection; or
  5. for the purpose of reports under subsection 39(2) of the Immigration Act, 1976, the person referred to in the report of the Minister and Solicitor General made pursuant to subsection 39(2) of the Immigration Act, 1976; or
  6. for the purpose of reports under subsection 82.1(2) of the Immigration Act, 1976, the person referred to in the report of the Minister and Solicitor General made pursuant to subsection 82.1(2) of the Immigration Act, 1976, and the person who has sponsored the application of such person for landing

and includes in all cases the person authorized to act on behalf of the person affected pursuant to section 44 of the Act.

2.Members of the Committee may participate in meetings of the Committee by means of telephone or other communications facilities as permit all members participating in the meeting to hear each other, provided that each member participating is physically located in a Service office with secure telephone or other communications facilities to ensure compliance with security requirements under section 37 of the Act.

3.No report shall be issued by the Committee under section 52 of the Act, subsection 46 of the Canadian Human Rights Act, subsection 17.1(5) of the Citizenship Act, subsection 39(8) of the Immigration Act or subsection 82.1(6) of the Immigration Act unless it has been prepared in accordance with the rules of procedure adopted by the Committee pursuant to subsection 39(1) of the Act, which rules may be amended from time to time.

4.For the purposes of section 44 of the Act, a complainant authorizing a person to act on his behalf must do so in writing directed to the Chairman or Executive Director.

5.A member who

  1. has had, apart from his functions as a member of the Committee, any previous or current personal or professional association with any person affected by an investigation of the Committee under paragraph 38(c) of the Act or
  2. is an employee, associate, counsel or member of a firm that is representing the person affected before the Committee

shall immediately advise the Chairman or Executive Director and withdraw from any further participation in the Committee's proceedings in relation to that person.

Procedure Relating to Complaints Under Section 41 of the Act

6.Upon receipt of a complaint under section 41 of the Act, the Chairman shall assign a member of the Committee to make a preliminary review of the complaint in order to determine if, pursuant to paragraphs 41(1)(a) and (b) and subsection 41(2) of the Act, the Committee has jurisdiction to investigate the complaint.

7.If the member determines that, under subsection 41(2) of the Act, the Committee does not have jurisdiction to investigate the complaint, he shall so report to the Committee, and the Executive Director on behalf of the Committee shall so advise the complainant by registered mail or personal service of this report.

8.If the member is of the opinion that any of the conditions precedent to the investigation of a complaint set out in paragraphs 41(1)(a) and (b) of the Act have not been fulfilled, he shall so report to the Committee.

The Committee shall consider the member's report referred to in subsection (1) above and if the Committee is of the opinion that any of the conditions precedent to the investigation of a complaint set out in paragraphs 41(a) and (b) of the Act have not been fulfilled, the Executive Director on behalf of the Committee shall notify the complainant that it does not have the jurisdiction to investigate the complaint and set out which of the grounds in said paragraphs 41(1)(a) and (b) of the Act deprived it of jurisdiction to investigate.

9.The assigned member shall receive representations in writing from the complainant but is not required to hold an oral hearing in relation to his determination under Rules 6, 7 or 8 of the Committee's jurisdiction to investigate a complaint.

10.Once it is determined that the Committee has jurisdiction to investigate the complaint under section 41, the Chairman shall assign one or more members to investigate the complaint.

11.The Executive Director on behalf of the assigned members referred to in Rule 10 shall by registered mail or personal service notify the complainant of the commencement of their investigation, advise him of his opportunity to make representations under subsection 48(2) of the Act, advise him of the time limits they have established within which those representations must be made and advise him of the procedures for the making of representations as set out in Rules 45 through 51.

12.Upon completion of their investigation, the assigned members shall submit a draft report to all Committee members containing the findings of the investigation and any recommendations they consider appropriate, along with a summary of the representations made to them and any other material that they considered in drafting their report.

Any Committee member may, after considering the draft report and within a reasonable time prescribed by the Chairman, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted including a referral to the Canadian Human Rights Commission pursuant to section 49 of the Act.

Following the expiration of the time period prescribed by the Chairman under subsection 2, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 2, shall be accepted by the Committee.

13.Upon acceptance of the report, the Committee shall provide the Minister and the Director with the report pursuant to paragraph 52(1)(a) of the Act, consult with the Director pursuant to section 55 of the Act prior to issuing its report of the findings of the investigation to the complainant under paragraph 52(1)(b) of the Act, and, if it thinks fit, report to the complainant by registered mail or personal service any recommendations included with the findings under paragraph 52(1)(a) of the Act.

Procedure Relating to Complaints Under Section 42 of the Act

14.Upon receipt of a complaint under section 42 of the Act, the Chairman shall assign a member of the Committee to make a preliminary review of the complaint to determine if the Committee has jurisdiction to investigate the complaint.

Subject to subsection 3 of this Rule, if the member determines that, under subsections 42(1) or 42(2) of the Act, the Committee does not have jurisdiction to investigate the complaint, he shall so report to the Committee, and the Executive Director on behalf of the Committee shall so advise the complainant by registered mail or personal service of this report.

If the member determines that, under the time limits in subsection 42(4) of the Act, the Committee does not have jurisdiction to investigate the complaint, he shall so report and determine whether or not to allow a longer period for the making of a complaint.

In determining questions of jurisdiction under this Rule, the assigned member shall receive representations in writing from the complainant and the deputy head concerned, but is not required to hold an oral hearing.

Once it is determined under this Rule that the Committee has jurisdiction to investigate the complaint under section 42, the Chairman shall assign one or more members to investigate the complaint.

15.The Executive Director on behalf of the members assigned to conduct the investigation shall, before the commencement of the investigation, issue the notifications required by section 47 of the Act.

16.The Executive Director on behalf of the assigned members shall obtain from the Director and deputy head concerned, after issuance of the notifications required by section 47 of the Act, such information as will enable the complainant to be as fully informed as possible of the circumstances giving rise to the denial of the security clearance.

17.Upon receipt of the information referred to in Rule 16, the assigned members shall, after consulting with the Director pursuant to paragraph 55(a) of the Act, instruct the Executive Director on their behalf to send the statement and copies referred to in section 46 of the Act by registered mail or personal service and instruct the Executive Director on their behalf to advise by registered mail or personal service the complainant, the deputy head concerned and the Director of their opportunity to make representations under subsection 48(2) of the Act, of the time limits they have established within which those representations must be made and advise them of the procedures for the making of representations as set out in Rules 45 through 51.

18.(1)Upon completion of their investigation, the assigned members shall submit a draft report to all Committee members containing the findings of the investigation and any recommendations they consider appropriate, along with a summary of the representations made to them and any other material that they considered in drafting their report.

(2)Any Committee member may, after considering the draft report and within a reasonable time prescribed by the Chairman, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted including a referral to the Canadian Human Rights Commission pursuant to section 49 of the Act.

(3)Following the expiration of the time period prescribed by the Chairman under subsection 2, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 2, shall be accepted by the Committee.

19.Upon acceptance of the report, the Committee shall consult with the Director pursuant to section 55 of the Act, then provide by registered mail or personal service the Minister, the Director, the deputy head concerned and the complainant with the report which shall contain any recommendations that the Committee considers appropriate and those findings of the investigation that the Committee considers it fit to report to the complainant, as required by subsection 52(2) of the Act.

Procedure Relating to References Under Paragraph 45(2)(b) of the Canadian Human Rights Act

20.Upon receipt of the reference referred to in paragraph 45(2)(b) of the Canadian Human Rights Act, the Chairman shall forthwith assign one or more members of the Committee to investigate the matter.

21.The Executive Director on behalf of the members assigned to conduct the investigation shall, pursuant to section 47 of the Act, before commencement of the investigation, notify the Director and the Minister referred to in subsection 45(2) of the Canadian Human Rights Act.

22.The Executive Director on behalf of the assigned members shall obtain from the Minister referred to in Rule 21 information relating to the security considerations referred to in subsection 45(2) of the Canadian Human Rights Act.

23.Upon receipt of the information referred to in Rule 22, the assigned members shall, after consulting with the Director pursuant to section 55 of the Act and not later than fifteen days after the matter is referred to the Committee, instruct the Executive Director on their behalf to send the statement referred to in subsection 45(6) of the Canadian Human Rights Act by registered mail or personal service and instruct the Executive Director on their behalf to advise by registered mail or personal service the complainant, the Minister referred to in subsection 45(2) of the Act and the Director of their opportunity to make representations under subsection 48(2) of the Act, of the time limits they have established within which those representations must be made and advise them of the procedures for the making of representations as set out in Rules 45 through 51.

24.Upon completion of their investigation and not later than thirty days after the matter is referred to the Committee, the assigned members shall submit a draft report to all Committee members containing the findings of the investigation, along with a summary of the representations made to them and any other material that they considered in drafting their report.

25.(1)Any Committee member may, after considering the draft report and not later than forty days after the matter is referred to the Committee, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted.

(2)Following the expiration of forty days after the matter is referred to the Committee, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations, but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 1, shall be accepted by the Committee.

26.Upon acceptance of the report and after consulting with the Director pursuant to section 55 of the Act, and not later than forty-five days after the matter is referred to it, the Committee shall by registered mail or personal service provide the Commission, the Minister referred to in subsection 45(2) of the Canadian Human Rights Act and the complainant with its report.

Procedure Relating to Reports Under Subsection 17.1(2) of the Citizenship Act

27.Upon receipt of a report under section 17.1(2) of the Citizenship Act, the Chairman shall assign one or more members of the Committee to investigate the grounds on which the report is based.

28.The Executive Director on behalf of the members assigned to conduct the investigation shall, pursuant to section 47 of the Act, before commencement of the investigation, notify the Director.

29.The Executive Director on behalf of the assigned members shall obtain from the Minister information relating to the grounds for believing that the person will engage in the activity described in paragraphs 17.1(2)(a) or (b) of the Citizenship Act.

30.Upon receipt of the information referred to in Rule 29, the assigned members shall, after consulting with the Director pursuant to paragraph 55(a) of the Act, instruct the Executive Director on their behalf to send the statement referred to in subsection 17.1(4) of the Citizenship Act by registered mail or personal service and instruct the Executive Director on their behalf to advise by registered mail or personal service the person, the Minister and the Director of their opportunity to make representations under subsection 48(2) of the Act, of the time limits they have established within which those representations must be made and advise them of the procedures for the making of representations as set out in Rules 45 through 51.

31.(1)Upon completion of their investigation, the assigned members shall submit a draft report to all Committee members containing the findings of their investigation, along with a summary of the representations made to them and any other material that they considered in drafting their report.

(2)Any Committee member may, after considering the draft report and within a reasonable time prescribed by the Chairman, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted including a referral to the Canadian Human Rights Commission pursuant to section 49 of the Act.

(3)Following the expiration of the time period prescribed by the Chairman under subsection 2, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations, but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 2, shall be accepted by the Committee.

32.Upon acceptance of the report, the Committee shall make a report to the Governor in Council as required by paragraph 17.1(5)(a) of the Citizenship Act and shall consult with the Director pursuant to section 55 of the Act prior to providing the complainant by registered mail or personal service with a report containing conclusions of the report as required by paragraph 17.1(5)(b) of the Citizenship Act.

Procedure Relating to Reports Under Section 39(2) of the Immigration Act, 1976

33.Upon receipt of a report under section 39(2) of the Immigration Act, the Chairman shall assign one or more members of the Committee to investigate the grounds on which the report is based.

34.The Executive Director on behalf of the members assigned to conduct the investigation shall, pursuant to section 47 of the Act, before commencement of the investigation, notify the Director.

35.The Executive Director on behalf of the assigned members shall obtain from the Minister and the Solicitor General information upon which they based their opinion that the person is one described in paragraphs 39(2)(a) or (b) of the Immigration Act.

36.Upon receipt of the information referred to in Rule 35, the assigned members shall, after consulting with the Director pursuant to paragraph 55(a) of the Act, instruct the Executive Director on their behalf to send the statement referred to in subsection 39(5) of the Immigration Act by registered mail or personal service and instruct the Executive Director on their behalf to advise by registered mail or personal service the person, the Minister, Solicitor General and the Director of their opportunity to make representations under subsection 48(2) of the Act, of the time limits they have established within which those representations must be made and advise them of the procedures for the making of representations as set out in Rules 45 through 51.

37.(1)Upon completion of their investigation, the assigned members shall submit a draft report to all Committee members containing the findings of the investigation, along with a summary of the representations made to them and any other material that they considered in drafting their report.

(2)Any Committee member may, after considering the draft report and within a reasonable time prescribed by the Chairman, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted including a referral to the Canadian Human Rights Commission pursuant to section 49 of the Act.

(3)Following the expiration of the time period prescribed by the Chairman under subsection 2, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations, but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 2, shall be accepted by the Committee.

38.Upon acceptance of the report, the Committee shall make a report to the Governor in Council as required by paragraph 39(8)(a) of the Immigration Act and shall consult with the Director pursuant to section 55 of the Act prior to providing by registered mail or personal service the person with respect to whom the report is made with a report containing the conclusion of the said report to the Governor in Council, pursuant to paragraph 39(8)(b) of the Immigration Act.

Procedure Relating to Reports Under Subsection 82.1(2) of the Immigration Act, 1976

39.Upon receipt of a report under section 82.1(2) of the Immigration Act, the Chairman shall assign one or more members of the Committee to investigate the grounds on which the report is based.

40.The Executive Director on behalf of the members assigned to conduct the investigation shall, pursuant to section 47 of the Act, before commencement of the investigation, notify the Director.

41.The Executive Director on behalf of the assigned members shall obtain from the Minister and the Solicitor General information upon which they based their opinion that the person is one described in paragraphs 82.1(2)(c) or (d) of the Immigration Act.

42.Upon receipt of the information referred to in Rule 41, the assigned members shall, after consulting with the Director pursuant to paragraph 55(1) of the Act, instruct the Executive Director on their behalf to send the statement referred to in subsection 82.1(4) of the Immigration Act by registered mail or personal service and instruct the Executive Director on their behalf to advise by registered mail or personal service the person, the Minister, Solicitor General and the Director of their opportunity to make representations under subsection 48(2) of the Act, of the time limits they have established within which those representations must be made and advise them of the procedures for the making of representations as set out in Rules 45 through 51.

43.(1)Upon completion of their investigation, the assigned members shall submit a draft report to all Committee members containing the findings of their investigation, along with a summary of the representations made to them and any other material that they considered in drafting their report.

(2)Any Committee member may, after considering the draft report and within a reasonable time prescribed by the Chairman, offer suggestions of an editorial or legal nature to the assigned members or suggest to the assigned members further investigation that might be conducted including a referral to the Canadian Human Rights Commission pursuant to section 49 of the Act.

(3)Following the expiration of the time period prescribed by the Chairman under subsection 2, the assigned members may consider the suggestions made by other Committee members in deciding whether to amend their report or conduct further investigations, but it is the decision solely of the assigned members as to what is to be included in the report, which report after each Committee member has had an opportunity to make suggestions pursuant to subsection 2, shall be accepted by the Committee.

44.Upon acceptance of the report, the Committee shall make a report to the Governor in Council as required by paragraph 82.1(6)(a) of the Immigration Act and shall consult with the Director pursuant to section 55 of the Act prior to providing by registered mail or personal service the person who made the appeal with a report containing the conclusion of the said report to the Governor in Council, as required by paragraph 82.1(6)(b) of the Immigration Act.

Procedure Relating to The Making of Representations Under Subsection 48(2) of the Act

45.The Executive Director on behalf of the members assigned to conduct the investigation shall by registered mail or personal service advise the person affected

(1)of the requirements of section 48 of the Act;

(2)of his right to an oral hearing with or without representation in writing to the assigned members; and

(3)that if he does not exercise his right to an oral hearing, he may make representations in writing to the assigned members.

46.(1)If the person affected does not exercise his right to an oral hearing, the Executive Director on behalf of the assigned members shall by registered mail or personal service advise the parties of the time limits they have established within which the written representations of the parties will be received.

(2)(a)Subject to section 37 of the Act, it is within the discretion of the assigned members in balancing the requirements of preventing threats to the security of Canada and providing fairness to the person affected to determine if the facts of the case justify that the substance of the representations made by one party should be disclosed to one or more of the other parties.

(b)If the assigned members decide that the substance of the representations made by one party shall be disclosed to another party, they shall consult with the Director before determining the extent of the disclosure to ensure compliance with section 37 of the Act.

(c)If the assigned members decide that the substance of the representations made by one party shall be disclosed to other parties, the other parties shall have the right to comment on those representations.

47.If the person affected requests an oral hearing, the Executive Director on behalf of the assigned members shall by registered mail or personal service forward to the parties a notice of hearing setting out the time and place of the hearing and stating that if the party notified does not attend the hearing, the assigned members may proceed in his absence.

48.(1)A party to an oral hearing may:

(a)be represented by counsel;

(b)call and examine witnesses and make representations.

(2)Subject to section 37 of the Act, it is within the discretion of the assigned members in balancing the requirements of preventing threats to the security of Canada and providing fairness to the person affected to determine if the facts of the case justify that a party be given the right to cross- examine witnesses called by other parties.

(3)Subject to section 37 of the Act, it is within the discretion of the assigned members to exclude from the hearing, upon request, one or more parties during the giving of evidence or the making of representations by another party.

(4)Subject to section 37 of the Act, it is within the discretion of the assigned members in balancing the requirements of preventing threats to the security of Canada and providing fairness to the person affected to determine, when a party has been excluded from portions of the hearing, if the facts of the case justify that the substance of the evidence given or representations made by other parties should be disclosed to that party.

(5)If the assigned members decide that the substance of the evidence or the representations made by other parties shall be disclosed to a party, they shall consult with the Director before determining the extent of the disclosure to ensure compliance with section 37 of the Act.

(6)The assigned members may adjourn an oral hearing at any time to obtain such additional information under paragraphs 39(2)(a), 39(2)(b) or 50(a) of the Act as the assigned members deem requisite to the full investigation and consideration of the complaint or other matter before them and, in resuming such adjourned hearing, shall continue to be guided by Rules 47 through 51.

49.(1)A witness called by a party or summoned by the assigned members under paragraph 50(a) of the Act to give oral or written evidence or to produce documents and things deemed requisite to the full investigation and consideration of the matter before the Committee is entitled to be advised by counsel or his agent as to his rights but such counsel or agent may take no other part in the hearing.

(2)Pursuant to subsection 48(1) of the Act, a witness, his counsel or agent is entitled to be present at the hearing only when that witness is giving evidence.

(3)A witness called by a party or summoned by the assigned members shall give oral evidence on oath and written evidence by affidavit.

50.The assigned members shall advise each witness, prior to the giving of evidence, of the protection afforded by section 51 of the Act.

51.At an oral hearing, any person affected who is not fluent in either official language shall be provided, upon request, with an interpreter.