Commissioner's directive 564-5: Access to the Canadian Police Information Centre (CPIC)

• Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 23, 70 and 71
• Canadian Police Information Centre Policy Manual
• Canadian Police Information Centre User Manual

To ensure that any use of the Canadian Police Information Centre by the Correctional Service of Canada is compliant with the Memorandum of Understanding in effect with the Royal Canadian Mounted Police/National Police Services and is lawful and in accordance with the requirements of the Canadian Police Information Centre Policy Manual and User Manual

Applies to all authorized staff who use the Canadian Police Information Centre system

• Responsibilities
• CPIC Authorized Users
• Procedures
• Consent for Disclosure
• Disclosure of Information
• Confidentiality of Information
• Compliance
• Annex-A Cross-References and Definitions
• Annex-B Grid of References for Institutional Access

1. The Assistant Commissioner, Correctional Operations and Programs, will approve and sign the Memorandum of Understanding between the Royal Canadian Mounted Police (RCMP)/National Police Services (NPS) and the Correctional Service of Canada (CSC) with regard to access to the Canadian Police Information Centre (CPIC).
2. The Memorandum of Understanding establishes the organization’s service level which is based on its law enforcement mandate pursuant to the CCRA. The level established in the agreement is Category II (C), except for the National Monitoring Centre whose level of service is Category II (C) with privileges for the issuance of warrants upon the interruption of the Offender Management System (OMS). The National Monitoring Centre will be the central point of contact to assist law enforcement agencies.
3. The Director General, Security, will ensure the security, integrity, and operation of the CPIC system within CSC, as well as staff compliance with all policies and procedures outlined in this directive and in the RCMP/NPS CPIC Policy Manual.
4. The Director, Departmental Security Division, will ensure that a National CPIC Coordinator is appointed.
5. The National CPIC Coordinator will:
   1. establish policies and procedures regarding the security, integrity, operation, and compliance with access to the CPIC system
   2. liaise with the RCMP/NPS to negotiate and formalize the Memorandum of Understanding.
6. The National CPIC Administrator will:
   1. ensure, prior to granting access to the CPIC system, that each authorized CPIC user has:
   1. undergone a criminal records check with fingerprints on file
   2. successfully passed the approved CPIC course
   3. signed the form “Acknowledgement of Restrictions Respecting the Handling of CPIC Material, Records and Information” (Appendix I.2-A: Acknowledgement of Restrictions Regarding CPIC Access – CPIC Policy Manual)
   2. assign an identifier number to all authorized users
   3. distribute the originating agency identifier (ORI) to each site.
7. The Assistant Deputy Commissioner, Integrated Services, will:
   1. ensure that a Regional CPIC Coordinator is appointed
   2. ensure the security, integrity, and operation of the CPIC system within CSC, as well as staff compliance with all policies and procedures outlined in this directive and in the RCMP/NPS CPIC Policy Manual.
8. The Regional CPIC Coordinator will:
   1. maintain an up-to-date list of all CPIC users and advise the National CPIC Administrator of any changes, movement, temporary or permanent
   2. forward all completed forms and documentation for regional CPIC users to the National CPIC Administrator.
9. The Institutional Head/District Director will:
   1. ensure that the Regional CPIC Coordinator is advised of any changes to the CPIC users and/or their status
   2. be responsible for the integrity and the security of the CPIC system within CSC, as well as the access to the system, and ensure that all policies and procedures outlined in this directive and in the RCMP/NPS CPIC Policy Manual are adhered to
   3. ensure that all CSC employees who access the CPIC system will do so according to the signed Memorandum of Understanding. The CPIC system may be utilized for the purpose of conducting limited screening of visitors and/or inmates, and as needed for the rehabilitation of offenders and their reintegration into the community. However, due to the limited databank accesses provided, the CPIC system cannot be utilized to conduct background checks, screening, clearances, etc. on volunteers, workers or contractors
   4. ensure that all CSC employees who access the CPIC system obtain signed consent and have verified the identification by means of an official piece of identification from the individual being queried, authorizing one single query (with the exception of CPIC query on offenders)
   5. ensure that all individuals not employed by CSC or the Parole Board of Canada presenting themselves to an institution for the sole purpose of being active or passive participants in a Parole Board of Canada hearing will not be subject to a CPIC inquiry. However, these individuals will be subject to the institution’s policies and procedures on searching and entry at the principal entrance, as stipulated in CD 566-1 – Control of Entry to and Exit from Institutions.
10. The National Monitoring Centre Supervisor will:
    1. respond to urgent requests from police forces or other law enforcement agencies across Canada
    2. ensure that warrants issued are entered in the CPIC system when the OMS is non-functional
    3. ensure the maintenance of the CPIC system (remove manual entries) when OMS system activity has been restored.

11. The CPIC users in each operational unit will be limited and restricted to the following individuals:
    1. Security Intelligence Officer and their support staff/clerk
    2. Regional Advisor, Sentence Management, Chief, Sentence Management, and support staff
    3. intake assessment support staff
    4. any other CSC staff member that requires access to the CPIC system as part of their regular employment functions, provided that the National CPIC Coordinator is satisfied of the necessity to have access.
12. All CPIC users who have access to the CPIC system must:
    1. have a valid reliability status or security clearance via the submission of fingerprints in accordance with CPIC policy
    2. have an active public key infrastructure account (e.g. Entrust Authority)
    3. have successfully completed the CPIC mandatory course provided by the RCMP/NPS
    4. never share their user ID, access and/or password with anybody
    5. ensure to only access the CPIC system in a restricted-access area pursuant to CD 564-2 – Departmental Physical Security. In the event that a CPIC user's CSC-issued computer is mobile in nature (e.g. laptop, tablet), the user will ensure that during the process of accessing the CPIC system, their immediate physical area is limited to authorized personnel only and the information on the screen is protected from individuals that do not have a need to know
    6. not disclose any CPIC information to any individual that is not on a “need to know” basis, by virtue of the information being PROTECTED B status. The users will ensure that safeguards for information received are adhered to and any subsequent paper copies of the information are destroyed in accordance with CD 564-2 – Departmental Physical Security.
13. Information Management Services (IMS) will provide all CPIC users the technological tools and safeguards required to use the CPIC system
14. A CPIC user's direct access to the CPIC system will be withdrawn for various reasons, including:
    1. termination of employment
    2. temporary/permanent transfer to a position which does not require direct CPIC access
    3. extended leave of absence (beyond three months)
    4. security breach.

15. The CPIC system may be utilized for the purpose of conducting limited screening of visitors and/or inmates, and as needed for the rehabilitation of offenders and their reintegration into the community.
16. A CPIC query will not be conducted for the purpose of security screenings for employment purposes (e.g. reliability screening or security clearance) pursuant to the Financial Administration Act.
17. It is prohibited to conduct a CPIC query for personal reasons.
18. The “Remark” section must be completed for each query, including the name of the user conducting the query and one of the following options:
    1. Inmate Sentence Management
    2. CSC Inmate Visitor
    3. CSC Community Assessment/Supervision
19. Offender records will be queried at specified intervals in an offender’s sentence, pursuant to the section on Canadian Police Information Centre Checks in CD 703 – Sentence Management, to verify criminal history and to update/verify outstanding charges.
20. Information in the CPIC system is for assessment purposes only and does not positively identify the person being queried. Information from CPIC must be verified with the originating agency.
21. A CPIC query is permitted on an individual pursuant to Annex B for whom entry into an institution is required.
22. A CPIC query is permitted for Community Assessments pursuant to CD 715-3 – Community Assessments.
23. In order to conduct a CPIC query (except for offender sentence management purposes), an Institutional Access/CPIC Clearance Request form (CSC/SCC 1279) or Consent CPIC Clearance Request (Community) form (CSC/SCC 1279-01) must be completed and provided, along with an official piece of identification for verification purposes, to an authorized CPIC user.
24. Requests from the Parole Board of Canada must be signed and dated no later than 15 days prior to the scheduled hearing date, in preparation for the attendance of observers.

25. For all inmate visitors or community assessments, the signed Institutional Access/CPIC Clearance Request form (CSC/SCC 1279) or Consent CPIC Clearance Request (Community) form (CSC/SCC 1279-01) will constitute written consent to conduct a CPIC query and will be valid for one query only.

26. Pursuant to paragraph 6.1 of the Memorandum of Understanding between the RCMP/NPS and CSC in relation to CPIC, “The Agency (CSC) will ensure that the information accessed under the provisions of this Arrangement is used and disclosed in accordance with the laws that apply to such use and disclosure and all applicable Canadian Police Information Centre (CPI Centre) policies.”
27. Pursuant to paragraph 6.3 of the Memorandum of Understanding between the RCMP/NPS and CSC in relation to CPIC, “The Agency will not disclose any information obtained from CPIC ancillary data bank files.”
28. Paragraphs 6.6 and 6.7 of the Memorandum of Understanding state, “Where disclosure of information is required by law (other than in accordance with the requirements to Crown Counsel) prior to the disclosure, the Agency will promptly notify the originating agency (contributor) in writing of the information to be disclosed. If the Agency receives a request for access to information accessed through CPI Centre systems, the Agency will consult with the originating record owner prior to disclosing the information, whether or not the request was made in accordance with access to information, privacy laws, or any other informal or formal means.”
29. Only the final decisions will be provided to the visitor or individual who consented to a CPIC query, pursuant to the Memorandum of Understanding and Privacy Act.
30. CPIC queries will only be performed on persons who have reached the age of majority in the province where the query is being conducted.
31. A scanned copy of the Institutional Access/CPIC Clearance Request form (CSC/SCC 1279) or Consent CPIC Clearance Request (Community) form (CSC/SCC 1279-01) will be submitted upon request to the National CPIC Coordinator for compliance assurance and review.

32. All information gained from the CPIC system is protected and will be categorized as PROTECTED B.

33. To ensure compliance with the Memorandum of Understanding between the RCMP/NPS and CSC, the National CPIC Coordinator, Departmental Security Division, will conduct compliance reviews which will require:
    1. on-site access to perform checks on the use of the CPIC system and network(s) on which it operates
    2. all applicable documentation to confirm the validity for entering or extracting information/ records on the CPIC system
    3. necessary assistance from CPIC users to enable a complete verification of CSC’s CPIC operations
    4. removing or correcting, at the request of the reviewer, a record entry that does not conform with the RCMP/NPS CPIC Policy Manual.

Commissioner,

Original signed by:

Anne Kelly

Annex A
Cross-References and Definitions

CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 024 – Management of Correctional Service of Canada Volunteers
CD 228 – Information Management
CD 559 – Visits
CD 564-1 – Individual Security Screening
CD 564-2 – Departmental Physical Security
CD 566-1 – Control of Entry to and Exit from Institutions
CD 568 – Management of Security Information and Intelligence
CD 701 – Information Sharing
CD 703 – Sentence Management
CD 705 – Intake Assessment Process and Correctional Plan Framework
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 712-3 – Parole Board of Canada Reviews
CD 715-3 – Community Assessments

Access to Information Act
Financial Administration Act
Privacy Act

Ad hoc labourer: a tradesperson or worker from a private organization which has not been granted a security screening either by the Canadian Industrial Security Directorate or CSC. This individual has been requested by the institution to repair a service or infrastructure within the institution that is deemed critical.

Canadian Industrial Security Directorate (CISD): as part of the Policy on Government Security, as stipulated by the Treasury Board of Canada, and as a member of the Contract Security Program of Public Services and Procurement Canada (PSPC), the CISD is responsible for ensuring the implementation and subsequent review of all security measures within Canadian-based industries (or other non-government organizations), in those instances where Canadian Protected/Classified or foreign Classified information and assets are disseminated to the private sector, relative to a contract, agreement, or pre-contractual requirement involving PSPC.

CPIC user: a person who has met the minimum security requirements and has successfully passed approved CPIC training.

CSC registered volunteer: an individual who gives time to an organization without remuneration. Refer to the section on Volunteers in CD 024 – Management of Correctional Service of Canada Volunteers, for a complete definition.

National CPIC Administrator: a person at National Headquarters who assists the National Coordinator in administering the day-to-day operations of the CPIC system.

National CPIC Coordinator: a person at National Headquarters appointed by the Director, Departmental Security Division, who is responsible for the implementation of the CPIC system for CSC.

Official piece of identification: an identity document can be any document that identifies a person or that contains identity information pursuant to legislation such as the Criminal Code of Canada, the RCMP National Identity Crime Strategy, the Treasury Board Directive on Identity Management and Standard on Identity and Credential Assurance. In summary, an identity document means, and is not limited to, a driver’s license, a health insurance card, a birth certificate, a passport, a certificate of citizenship, a document indicating immigration status in Canada, a Secure Certificate of Indian Status or an employee identity card that bears the employee’s photograph and signature or any similar document issued or purported to be issued by a department or agency of the federal, provincial or municipal government and/or by a foreign government.

Regional CPIC Coordinator: a person at Regional Headquarters appointed by the Regional Administrator, Security, who is responsible for the implementation of the CPIC system within their region.

Restricted-access area: a work area where unescorted access is limited to authorized and security-screened individuals only. It includes Operations, Security and High Security Zones.

Annex B
Grid of References for Institutional Access

In accordance with the Memorandum of Understanding signed by the RCMP/NPS and CSC, the CPIC system may be utilized for the purpose of conducting limited screening of visitors and/or inmates, and as needed for the rehabilitation of offenders and their reintegration into the community (e.g. temporary absences). The CPIC system cannot be utilized to conduct background checks, screening, clearances, etc. on volunteers, workers, or contractors.

Volunteers that are not registered with CSC (pursuant to CD 024 – Management of Correctional Service of Canada Volunteers) will be considered official visitors and access to the institution will be pursuant to CD 566-1 – Control of Entry to and Exit from Institutions and CD 559 – Visits.

Any tradesperson, contractor or labourer that is currently under contract with CSC and/or PSPC for which security requirements did not apply will be escorted at all times.