A redacted version of the National Security and Intelligence Review Agency’s (NSIRA) annual review, Departmental Implementation of the Directions Issued Pursuant to the Avoiding Complicity in Mistreatment by Foreign Entities Act (ACA) for 2024, was recently released under the Access to Information Act.
NSIRA conducted its sixth annual review of how federal departments and agencies implemented the Directions issued under the ACA during the 2024 calendar year.
The review examined whether departments complied with their legal obligations and whether their reporting to ministers accurately reflected how they applied safeguards when sharing information with, or requesting information from, foreign entities.
Background
The ACA and its Directions establish safeguards to help prevent Canada from becoming complicit in mistreatment by foreign entities.
The Directions require departments to assess risks before sharing or requesting information from foreign entities and restrict the use of information likely obtained through mistreatment.
NSIRA’s review provides independent review of how these safeguards are implemented across government.
Scope of Review
NSIRA reviewed the annual ACA reports, governance frameworks, policy documents, and additional records from the twelve departments and agencies subject to the Directions.
The review focused on:
- compliance with ACA reporting requirements;
- departmental implementation of the Directions; and
- the accuracy and completeness of departmental reporting.
Key Findings
Reporting Requirements
NSIRA found that all twelve departments submitted annual ACA reports to their respective ministers.
However, Immigration, Refugees and Citizenship Canada and the Global Affairs Canada submitted their reports after the required deadline. NSIRA noted that these delays may have resulted in non-compliance with the Act.
Information Sharing Decisions
NSIRA found that no matters involving the disclosure of, or request for, information were referred to deputy heads for determination in 2024.
NSIRA also found that no information likely obtained through mistreatment was authorized for use under the Directions.
Accuracy of Departmental Reporting
NSIRA identified inconsistencies between some departmental ACA reports and information provided during the review.
The issues related mainly to descriptions of:
- interdepartmental coordination; and
- the use of caveats when sharing information with foreign entities.
NSIRA found that some reporting lacked context and did not always accurately reflect departmental practices.
Recommendation and Key Message
NSIRA recommended that departments ensure their annual ACA reports provide information on interdepartmental coordination and the use of caveats that is accurate, complete, and properly contextualized.
NSIRA found that departments generally implemented the ACA Directions as intended in 2024. The primary area for improvement is transparency in reporting, as accurate and complete reporting is necessary to demonstrate how safeguards are being applied to prevent Canada from becoming involved in mistreatment by foreign entities.
