Commissioner's directive 564-1: Individual security screening

Applies to all CSC employees and individuals who have access to government information, property and assets under CSC’s jurisdiction

Contents

• Responsibilities
• Guidelines for the Conduct of Security Screening
  • Security Screening Forms
  • Monitoring Compliance
• Annex A - Cross-References and Definitions
• Annex B - Authorities Sections

Responsibilities

1. The Assistant Commissioner, Correctional Operations and Programs, will:
   1. submit to the Commissioner all recommendations for denial or revocation of security clearances (e.g. Secret, Top Secret or Enhanced Top Secret)
   2. deny or revoke an individual’s reliability or enhanced reliability status following a thorough review and recommendation by the Resolution of Doubt Committee, as necessary.
2. The Director General, Security, will ensure that guidelines pertaining to the Standard on Security Screening are in place and enforced.
3. The Departmental Security Officer has the following responsibilities:
   1. approve or temporarily suspend an individual’s reliability status and security clearance when necessary due to imminent risk
   2. identify, establish and assign specific departmental roles, responsibilities and procedures for the conduct of security screening
   3. ensure all individual security screening is conducted (see Annex A for definitions of security types and levels)
   4. ensure that criminal record checks, credit checks, law enforcement record checks, open source inquiries and Canadian Security Intelligence Service (CSIS) security assessments, as appropriate, are conducted at the national level
   5. liaise with CSIS for security clearance assessments
   6. liaise with RCMP for criminal record and law enforcement inquiries
   7. ensure cyclical updates of the requisite checks for all types and levels of security screening
   8. ensure that all individuals who are subject to security screening checks and procedures are treated fairly at all stages of the security screening process
   9. collect, maintain, retain and dispose of security screening files in accordance with the Standard Personal Information Bank – Personnel Security Screening – PSU 917
   10. monitor and report on compliance to this policy and to the Policy on Government Security.
4. Managers will:
   1. ensure security screening requirements are established as a condition of employment, appointment, contract or other arrangement/assignment
   2. identify the security screening requirements of all positions (or contracts) within their area of responsibility based on the highest classification level of information and assets that will be accessed in the normal performance of assigned job duties or during any contracting process (any changes made to these levels must be approved by the Departmental Security Officer)
   3. ensure that reliability status and/or security clearances (when warranted) are in place and current prior to issuing an unconditional job offer, awarding a contract, placing an individual in a position by means of a secondment or an assignment and prior to them being given access to protected or classified information, assets or facilities
   4. ensure that all required information for security screening forms are accurately completed and properly obtained from the individuals, prior to the initiation of any security screening
   5. where adverse information exists in relation to the reliability of an individual, and in consultation with the Departmental Security Officer, evaluate:
      1. the type of criminal activity
      2. the duties to be performed
      3. the nature and frequency of the offence
      4. the passage of time
   6. inform the Departmental Security Officer of any new information that could put into question an individual's reliability status or security clearance
   7. if reliability status is denied, temporarily suspended or revoked, brief the individual and provide them with the reasons for the denial, suspension or revocation, unless the information may be exempted under the Privacy Act. Advise the individual of their rights to review and redress
   8. provide the individual with an opportunity to explain any adverse information
   9. brief a screened individual on their security responsibilities prior to the commencement of duties or to the awarding of a contract, and ensure that the individual signs the appropriate briefing form
   10. consult departmental Labour Relations when, as a result of a revocation of a reliability status or security clearance, the individual no longer meets the conditions of employment
   11. monitor and report to the Departmental Security Officer any significant changes to behaviour where there is reason to believe that the changes may pose a risk to CSC and/or may cause the review of an individual’s security status or clearance
   12. debrief the individual on their ongoing security responsibilities when the requirement no longer exists for a reliability status or security clearance.
5. Individuals will:
   1. accurately and truthfully provide personal information and documentation for their security screening in accordance with the required format and established timeframes and update cycles. This includes when supplementary updates are required by a change in their personal circumstances (e.g. change in marital status) or more promptly, when they have been convicted of a criminal offence
   2. notify the Departmental Security Officer of any unusual behaviour of individuals that may present a security risk to CSC.
6. CSC contracting authorities are responsible for ensuring that all phases of the contracting process comply with the security screening provisions of this directive, and that contract documentation includes the necessary security clauses.

Guidelines for the Conduct of Security Screening

7. All guidelines are described and explained in the Treasury Board Standard on Security Screening.

Security Screening Forms

8. The Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23E) and the Security Clearance Form (TBS/SCT 330-60E) are available on Treasury Board Secretariat’s Web site.

Monitoring Compliance

9. Investigations, internal audits or operational reviews may be conducted to ensure compliance and facilitate appropriate corrective action.

Commissioner,

Original signed by:

Anne Kelly

Annex A - Cross-References and Definitions

Cross-References

• CD 564 – Departmental Security
• Treasury Board Standard on Security Screening

Definitions

Assets: tangible or intangible things of the Government of Canada. Assets include but are not limited to: information in all forms and media, networks, systems, material, real property, financial resources, employee trust, public confidence and international reputation.

Classified information: information related to the national interest that may qualify for an exemption or exclusion under the Access to Information Act or Privacy Act, and the compromise of which would reasonably be expected to cause injury to the national interest.

Enhanced screening: a type of security screening activity conducted when duties and access to information, assets or facilities are related to or directly support security and intelligence functions.

Information: any data, published material or records in any form, which is collected, created or received, and which is maintained as evidence in pursuance of legal obligations or in the transaction of business.

Law enforcement inquiry: an examination of law enforcement authority records, databases or databanks to determine whether an individual:

1. has a criminal record
2. is associated with a criminal organization or known criminals
3. is a dangerous offender
4. is known, suspected of, or has engaged in criminality.

Reliability status: the minimum standard of security screening for positions requiring unsupervised access to Government of Canada protected information, assets, facilities or information technology systems. Security screening for reliability status appraises an individual’s honesty and whether they can be trusted to protect CSC's interests. Security screening for reliability status can include enhanced inquiries, verifications and assessments when duties involve or directly support security and intelligence functions.

Resolution of Doubt Committee: the committee consists of the Departmental Security Officer, representatives from Legal Services and Labour Relations and at times a management representative from the requesting office. The committee convenes to review and assess all appropriate information in order to make decisions or recommendations for the granting, denial, suspension or revocation of a reliability status, enhanced reliability status or security clearance. When the case put forth involves a member of an Indigenous community, an Indigenous representative should be involved in the review and assessment process, and the committee should take into account any Indigenous Social History consideration raised.

Security clearance: the standard of security screening for all positions requiring access to Government of Canada classified information, assets, facilities or information technology systems. Security screening for a security clearance appraises an individual’s loyalty to Canada and they reliability as it relates to that loyalty. Security screening for security clearance can include enhanced inquiries, verifications and assessments when duties involve or directly support security and intelligence functions.

Annex B - Authorities Sections

Canadian Security Intelligence Service Act, section 2

“threats to the security of Canada” means

1. espionage or sabotage that is against Canada or is detrimental to the interests of Canada or activities directed toward or in support of such espionage or sabotage,
2. foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada and are clandestine or deceptive or involve a threat to any person,
3. activities within or relating to Canada directed toward or in support of the threat or use of acts of serious violence against persons or property for the purpose of achieving a political, religious or ideological objective within Canada or a foreign state, and
4. activities directed toward undermining by covert unlawful acts, or directed toward or intended ultimately to lead to the destruction or overthrow by violence of, the constitutionally established system of government in Canada,

but does not include lawful advocacy, protest or dissent, unless carried on in conjunction with any of the activities referred to in paragraphs (a) to (d).

Criminal Records Act, c. C-47, section 8

Applications for employment

8. No person shall use or authorize the use of an application form for or relating to any of the following matters that contains a question that by its terms requires the applicant to disclose a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect:

1. employment in any department as defined in section 2 of the Financial Administration Act;
2. employment by any Crown corporation as defined in section 83 of the Financial Administration Act;
3. enrolment in the Canadian Forces; or
4. employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

Financial Administration Act, section 7(1)(e)

7.(1) The Treasury Board may act for the Queen’s Privy Council for Canada on all matters relating to:

5. human resources management in the federal public administration, including the determination of the terms and conditions of employment of persons employed in it.