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2023-2024 Departmental Results Report

From the Institutional Head

As Intelligence Commissioner (IC) and Deputy Head, I am pleased to present the 2023–24 Departmental Results Report for the Office of the Intelligence Commissioner (ICO).

The ICO is an independent quasi-judicial agency of the Government of Canada. The ICO supports the fulfillment of the IC’s oversight mandate as set out in the Intelligence Commissioner Act (IC Act). The IC approves – or does not approve – certain national security and intelligence activities planned by the Communications Security Establishment and the Canadian Security Intelligence Service (CSIS) and authorized by their respective ministers.

In the interest of national security and intelligence collection, these agencies may sometimes engage in activities that could involve breaking the laws of Canada or another country, or interfere with the privacy interests of Canadians. Any activities of this kind must first be authorized in writing by the minister responsible for the agency involved or, in some cases, by the Director of CSIS. The ministerial authorization must include the conclusions – effectively the reasons – supporting the activities that are being authorized.

I review the conclusions given for authorizing the activities to determine whether they meet the test of “reasonableness” as recognized by Canadian courts. If so, I approve the ministerial authorization, and the agency can proceed with the planned activities. The activities cannot take place without my approval.

This means that I act as a gatekeeper – of the rule of law, of rights and of privacy interests. Practically, this means that my work and that of the ICO is quasi-judicial in nature – the work involves reviewing and analyzing authorizations, applying legal concepts, and writing decisions.

In 2023, I rendered 13 decisions – the most in any year since the ICO was established. I am pleased to report that all quasi-judicial reviews were completed, and decisions rendered within the statutory time limits set out in legislation.

In March 2024, in accordance with the IC Act, I submitted to the Prime Minister an annual report on my activities for the 2023 calendar year. The annual report provides insight into my contribution to the strengthening of Canada’s national security through enhanced accountability and greater transparency. Furthermore, the ICO published redacted versions of my decisions on its website prior to the tabling of the annual report. My decisions are written in a way to provide Canadians with as much information as possible about the privacy rights and interests at play when I consider to approve – or not approve – a ministerial authorization. Having the decisions available to the public at the same time as the annual report provides Canadians with relevant contextual information and enhanced transparency.

During 2023–24, the ICO maintained a respectful, healthy and agile workplace. I would like to express my gratitude to the ICO staff for achieving this goal and for supporting me with diligence and professionalism throughout the year.

The Honourable Simon Noël, K.C.
Intelligence Commissioner

Results – what we achieved

Core responsibilities and internal services

Core responsibility: Quasi-judicial review of certain ministerial conclusions

In this section

Description

The ICO is an independent oversight body. Under the IC Act, the IC is responsible for performing quasi-judicial reviews of the conclusions on the basis of which certain authorizations are issued or amended, and certain determinations are made, under the Communications Security Establishment Act and the Canadian Security Intelligence Service Act. In each case, the IC, supported by the ICO, undertakes an in-depth analysis of the records. If the IC is satisfied that the conclusions reached by the decision-maker are reasonable, the IC must approve the authorization or determination in a written decision that sets out the reasons for doing so.

Consistent with the IC’s oversight role, an authorization or determination is valid only after it is approved by the IC. The activities described in the authorizations or determinations cannot be carried out by the intelligence agencies without the IC’s approval.

The IC Act requires that the IC’s decision be rendered within 30 days after the day on which the IC received notice of the authorization or determination, or within any other period that may be agreed on by the IC and the decision-maker. In the case of an authorization issued by the Director of CSIS for a query of a dataset in exigent circumstances, the IC must render his or her decision and the reasons for it as soon as feasible.

Progress on results

This section presents details on how the department performed to achieve results and meet targets for the quasi-judicial review of certain ministerial conclusions. Details are presented by departmental result.

Table 1: Targets and results for the quasi-judicial review of certain ministerial conclusions

Table 1 provides a summary of the target and actual results for each indicator associated with the results under the quasi-judicial review of certain ministerial conclusions.

Enhancing transparency and accountability of the national security framework
Departmental Result Indicators Target Date to achieve target Actual Results
% of decisions and the reasons for them delivered in accordance with the deadlines set out in the legislation 100% March 31, 2024 2021–22: 100%
2022–23: 100%
2023–24: 100%
Annual report on Commissioner’s activities delivered to the Prime Minister by March 31st 100% March 31, 2024 2021–22: 100%
2022–23: 100%
2023–24: 100%

Additional information on the detailed results and performance information for the ICO’s program inventory is available on GC InfoBase.

Details on results

The following section describes the results for the quasi-judicial review of certain ministerial conclusions in 2023–24 compared with the planned results set out in the ICO’s departmental plan for the year.

Enhancing transparency and accountability of the national security framework

Results achieved  

Key risks

Risk 1: Human resources management

The ICO must ensure that it has sufficient resources in place to meet the review and reporting requirements set out in legislation. Regardless of the number and complexity of the quasi-judicial reviews conducted, legislative requirements must be met. Furthermore, the quasi-judicial review program requires its resources have a strong legal knowledge, as well as specialized knowledge related to security and intelligence operations. Retaining and hiring skilled employees when vacancies arise is a challenge. To mitigate this risk, the ICO focused on human resources and successfully applied strategies to recruit, retain and manage its resources to achieve effective program delivery.

Risk 2: Policies, procedures and practices

The ICO's policies, procedures and practices must be current and comprehensive in support of the independent role of the IC and the implementation of an effective and efficient quasi-judicial review program. Following the appointment of the current IC, the ICO initiated a review in 2023–24 and subsequently revised procedures and practices related to the quasi-judicial review program to mitigate this potential risk.

Resources required to achieve results

Table 2: Snapshot of resources required for the quasi-judicial review of certain ministerial conclusions

Table 2 provides a summary of the planned and actual spending and full-time equivalents (FTEs) required to achieve results.

Resource
Resource Planned Actual
Spending 1,920,922 1,555,054
Full-time equivalents 6.5 4.5

Complete financial and human resources information for the ICO’s program inventory is available on GC InfoBase.

Related government-wide priorities

Gender-based analysis plus

In 2023–24, the ICO encouraged and promoted an inclusive and diverse work environment. Although there was no Gender-based analysis plus (GBA+) implementation plan for the 2023–24 fiscal year, GBA+ remained an ongoing consideration for ICO’s activities, particularly in the management of human resources.

United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals

More information on the ICO’s contributions to Canada’s Federal Implementation Plan on the 2030 Agenda and the Federal Sustainable Development Strategy can be found in our Departmental Sustainable Development Strategy.

Program inventory

The quasi-judicial review of certain ministerial conclusions is supported by the following programs:

Additional information related to the program inventory for the quasi-judicial review of certain ministerial conclusions is available on the Results page on GC InfoBase.

Internal services

In this section

Description

Internal services are the services that are provided within a department so that it can meet its corporate obligations and deliver its programs. There are 10 categories of internal services:

Progress on results

This section presents details on how the department performed to achieve results and meet targets for internal services.

The ICO examined its existing service agreements with other government agencies to ensure that planned collaboration continued to provide the necessary services efficiently and effectively. Furthermore, with a focus on improved productivity and increased efficiency, the ICO explored opportunities to acquire additional services from other federal government departments.

In 2022, the Office of the Comptroller General started gradually leveraging its Core Control Self-Assessment Tools on a mandatory basis. In 2023–24, the ICO completed the second phase of the exercise to assess the existing internal controls in place and to increase awareness of the areas of higher risk within the organization.

Resources required to achieve results

Table 3: Resources required to achieve results for internal services this year

Table 3 provides a summary of the planned and actual spending and full-time equivalents (FTEs) required to achieve results.

Resource
Resource Planned Actual
Spending 634,465 673,370
Full-time equivalents 4 2

Complete financial and human resources information for the ICO’s program inventory is available on GC InfoBase.

Contracts awarded to Indigenous businesses

Government of Canada departments are to meet a target of awarding at least 5% of the total value of contracts to Indigenous businesses each year. This commitment is to be fully implemented by the end of 2024–25.

The ICO is a Phase 3 department and is aiming to achieve the minimum 5% target by the end of 2024–25.

The ICO will continue to leverage tools established by Public Services and Procurement Canada, including standing offers and supply arrangements, to assist in awarding contracts to Indigenous Business.

Spending and human resources

In this section

Spending

This section presents an overview of the department's actual and planned expenditures from 2021–22 to 2026–27.

Budgetary performance summary

Table 4: Actual three-year spending on core responsibilities and internal services (dollars)

Table 4 presents how much money the ICO spent over the past three years to carry out its core responsibilities and for internal services.

Resource
Core responsibilities
and internal services		 2023–24 Main
Estimates		 2023–24 total authorities
available for use		 Actual spending over three
years (authorities used)
Quasi-judicial review of certain ministerial conclusions 1,920,922 2,030,428
  • 2021–22: 1,547,470
  • 2022–23: 1,887,757
  • 2023–24: 1,555,054
    		•
    Internal services 634,465 659,338
  • 2021–22: 504,415
  • 2022–23: 597,080
  • 2023–24: 673,370
    		•
    Total 2,555,387 2,689,766 6,765,146

    Analysis of the past three years of spending

    Despite some variations in spending related to salaries, security enhancements and translation services spending over the past three years has been relatively constant. Nevertheless, given the modest size of the budget, increase in spending – for example with respect to salary revisions – has the potential to have a significant impact on the ICO’s financial standing. As a result, strong and sound financial stewardship is essential to ensure that all spending is appropriately assessed.

    More financial information from previous years is available on the Finances section of GC Infobase.

    Table 5: Planned three-year spending on core responsibilities and internal services (dollars)

    Table 5 presents how much money the ICO plans to spend over the next three years to carry out its core responsibilities and for internal services.

    Resource
    Core responsibilities
    and internal services    		 2024–25
    planned spending    		 2025–26
    planned spending    		 2026–27
    planned spending
    Quasi-judicial review of certain ministerial conclusions 1,937,145 1,942,312 1,943,381
    Internal services 638,708 640,059 640,338
    Total 2,575,853 2,582,371 2,583,719

    Analysis of the next three years of spending

    There are no significant variances from one year to the next. The ICO will continue to utilize robust financial planning to ensure that all expenditures are appropriately assessed.

    More detailed financial information from previous years is available on the Finances section of GC Infobase.

    Funding

    This section provides an overview of the department's voted and statutory funding for its core responsibilities and for internal services. For further information on funding authorities, consult the Government of Canada budgets and expenditures.

    Graph 1: Approved funding (statutory and voted) over a six-year period

    Graph 1 summarizes the department's approved voted and statutory funding from 2021-22 to 2026-27.

    Analysis of statutory and voted funding over a six-year period

    The variation in expenditures in the three years from 2021–22 to 2023–24 is primarily a result of salary adjustments. The increase in salary costs in 2022–23 was mostly due to salary increases and retroactive payments resulting from collective agreements signed in the core public service. The planned spending from 2024–25 to 2026–27 is consistent and is based on reaching a full FTE complement of 10.5 and on certain fixed costs of internal support services received from other federal government departments through service level agreements.

    For further information on the ICO’s departmental voted and statutory expenditures, consult the Public Accounts of Canada.

    Financial statement highlights

    The ICO’s complete financial statements (unaudited or audited) for the year ended March 31, 2024, are available online.

    Table 5: Condensed Statement of Operations (unaudited or audited) for the year ended March 31, 2024 (dollars)

    Table 5 summarizes the expenses and revenues for 2023–24 which net to the cost of operations before government funding and transfers.

    table 5
    Financial information 2023–24 actual results 2023–24 planned results Difference (actual results minus planned)
    Total expenses 2,292,801 2,688,610 (395,809)
    Net cost of operations before government funding and transfers 2,292,801 2,688,610 (395,809)

    The 2023–24 planned results information is provided in the ICO’s Future-Oriented Statement of Operations and Notes 2023–24.

    Table 6 summarizes actual expenses and revenues which net to the cost of operations before government funding and transfers.

    table 6
    Financial information 2023–24 actual results 2022–23 actual results Difference (2023-24 minus 2022-23)
    Total expenses 2,292,801 2,735,349 (442,548)
    Net cost of operations before government funding and transfers 2,292,801 2,735,349 (442,548)

    Table 7: Condensed Statement of Financial Position (unaudited or audited) as of March 31, 2024 (dollars)

    Table 7 provides a brief snapshot of the department’s liabilities (what it owes) and assets (what the department owns), which helps to indicate its ability to carry out programs and services.

    table 7
    Financial information Actual fiscal year (2023–24) Previous fiscal year (2022–23) Difference (2023–24 minus 2022–23)
    Total net liabilities 342,510 428,384 (85,874)
    Total net financial assets 286,937 312,414 (25,477)
    Departmental net debt 55,573 115,970 (60,397)
    Total non-financial assets 32,405 50,493 (18,088)
    Departmental net financial position (23,168) (65,477) 42,309

    Human resources

    This section presents an overview of the department’s actual and planned human resources from 2021–22 to 2026–27.

    Table 8: Actual human resources for core responsibilities and internal services

    Table 8 shows a summary of human resources, in full-time equivalents (FTEs), for the ICO’s core responsibilities and for its internal services for the previous three fiscal years.

    table 8
    Core responsibilities and internal services 2021–22 actual FTEs 2022–23 actual FTEs 2023–24 actual FTEs
    Quasi-judicial review of certain ministerial conclusions 5 5 4.5
    Internal services 2 2 2
    Total 7 7 6.5

    Table 9: Human resources planning summary for core responsibilities and internal services

    Table 9 shows information on human resources, in full-time equivalents (FTEs), for each of the ICO’s core responsibilities and for its internal services planned for the next three years. Human resources for the current fiscal year are forecasted based on year to date.

    table 9
    Core responsibilities and internal services 2024–25 planned FTEs 2025–26 planned FTEs 2026–27 planned FTEs
    Quasi-judicial review of certain ministerial conclusions 6.5 6.5 6.5
    Internal services 4 4 4
    Total 10.5 10.5 10.5

    Corporate information

    Departmental profile

    Appropriate minister: The Right Honourable Justin Trudeau, P.C., M.P. – Prime Minister of Canada

    Institutional head: The Honourable Simon Noël, K.C. – Intelligence Commissioner

    Ministerial portfolio: Prime Minister

    Enabling instrument: Intelligence Commissioner Act

    Year of incorporation / commencement: 2019

    Departmental contact information

    Mailing address:

    Office of the Intelligence Commissioner
    P.O. Box 1474, Station B
    Ottawa, ON K1P 5P6

    Telephone: 613-992-3044

    Email: info@ico-bcr.gc.ca

    Website: www.canada.ca/en/intelligence-commissioner.html

    Supplementary information tables

    The following supplementary information tables are available on the ICO’s website:

    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 as well as evaluations and GBA Plus of tax expenditures.

    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, departments 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 an appropriated department over a 3year period. Departmental Plans are usually tabled in Parliament each spring.

    departmental priority (priorité)

    A plan or project that a department 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.

    departmental result (résultat ministériel)

    A consequence or outcome that a department seeks to achieve. 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 quantitative measure of progress on a departmental result.

    departmental results framework (cadre ministériel des résultats)

    A framework that connects the department’s core responsibilities to its departmental results and departmental result indicators.

    Departmental Results Report (rapport sur les résultats ministériels)

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

    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. For a particular position, the full-time equivalent figure is the ratio of number of hours the person actually works divided by the standard number of hours set out in the person’s collective agreement.

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

    An analytical tool used to assess support the development of responsive and inclusive how different groups of women, men and gender-diverse people experience policies, programs and policies, programs, and other initiatives. GBA Plus is a process for understanding who is impacted by the issue or opportunity being addressed by the initiative; identifying how the initiative could be tailored to meet diverse needs of the people most impacted; and anticipating and mitigating any barriers to accessing or benefitting from the initiative. GBA Plus is an intersectional analysis that goes beyond biological (sex) and socio-cultural (gender) differences to consider other factors, such as age, disability, education, ethnicity, economic status, geography (including rurality), language, race, religion, and sexual orientation.

    government-wide priorities (priorités pangouvernementales)

    For the purpose of the 2022–23 Departmental Results Report, government-wide priorities are the high-level themes outlining the government’s agenda in the November 23, 2021, Speech from the Throne: building a healthier today and tomorrow; growing a more resilient economy; bolder climate action; fight harder for safer communities; standing up for diversity and inclusion; moving faster on the path to reconciliation; and fighting for a secure, just and equitable world.

    horizontal initiative (initiative horizontale)

    An initiative where two or more federal departments are given funding to pursue a shared outcome, often linked to a government priority.

    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 a department did with its resources to achieve its results, how well those results compare to what the department 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 department, program, policy or initiative respecting expected results.

    plan (plan)

    The articulation of strategic choices, which provides information on how a department 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 to the expected result.

    planned spending (dépenses prévues)

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

    program (programme)

    Individual or groups of services, activities or combinations thereof that are managed together within the department and focus on a specific set of outputs, outcomes or service levels.

    program inventory (répertoire des programmes)

    Identifies all the department’s programs and describes how resources are organized to contribute to the department’s core responsibilities and results.

    result (résultat)

    A consequence attributed, in part, to an department, policy, program or initiative. Results are not within the control of a single department, policy, program or initiative; instead they are within the area of the department’s influence.

    Indigenous business (entreprise autochtones)

    For the purpose of the Directive on the Management of Procurement Appendix E: Mandatory Procedures for Contracts Awarded to Indigenous Businesses and the Government of Canada’s commitment that a mandatory minimum target of 5% of the total value of contracts is awarded to Indigenous businesses, a department that meets the definition and requirements as defined by the Indigenous Business Directory.

    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.

    target (cible)

    A measurable performance or success level that a department, 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.

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