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A Canada security clearance is required for viewing classified information in Canada.
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A Canada security clearance is required for viewing classified information in Canada.
Government classified information is governed by the Treasury Board Standard on Security Screening, the Security of Information Act and Privacy Act . Only those that are deemed to be loyal and reliable, and have been cleared are allowed to access sensitive information. The policy was most recently revised on 20 October 2014. [1]
Checks include basic demographic and fingerprint based criminal record checks for all levels, and, depending on an individual appointment's requirements, credit checks, loyalty, and field checks might be conducted by the RCMP and/or CSIS.
Clearance is granted, depending on types of appointment, by individual Federal government departments or agencies or by private company security officers. Those who have contracts with Public Works and Government Services Canada are bound by the Industrial Security Program, a sub-set of the GSP.
To access designated information, one must have at least standard reliability status (see Hierarchy below). Reliability checks and assessments are conditions of employment under the Public Service Employment Act , and, thus, all Government of Canada employees have at least reliability status screening completed prior to their appointment. [2] However, Government employees by Order-in-council are not subjected to this policy. [3]
Clearances at the reliability status and secret levels are valid for 10 years, whereas top secret is valid for 5 years. However, departments are free to request their employees to undergo security screening any time for cause. [4] Because security clearances are granted by individual departments instead of one central government agency, clearances are inactivated at the end of appointment or when an individual transfers out of the department. The individual concerned can then apply to reactivate and transfer the security clearance to his/her new position. [2]
Three levels of personnel screening exist, with two sub-screening categories: [4] [5]
Standard screenings are completed for individuals without law enforcement, security and intelligence functions with the government, whereas Enhanced screenings are for individuals with law enforcement, security and intelligence functions, or access to those data or facilities.
Individuals who need to have RS because of their job or access to federal government assets will be required to sign the Personnel Screening, Consent and Authorization Form (TBS/SCT 330-23e).
Individuals who require access to more sensitive information (or access to sensitive federal government sites and/or assets) because of their job will be required to sign the Security Clearance Form (TBS/SCT 330-60e). There are two levels of clearance:
Two additional categories called "Site Access Status" and "Site Access Clearance" exist not for access to information purposes but for those that require physical access to sites or facilities designated by CSIS as areas "reasonably be expected to be targeted by those who engage in activities constituting threats to the security of Canada". Designated areas include Government Houses, official residences of government officials, Parliament, nuclear facilities, airport restricted areas, maritime ports, and any large-scale events that are sponsored by the federal government (e.g., 2010 Winter Olympics). [11]
Where reliability is the primary concern, a site access status screening (similar to a reliability status, standard screening) is conducted; where loyalty to Canada is the primary concern, a site access clearance (similar to a Secret clearance screening) is required. They are both valid for 10 years.
Prior to granting access to information, an individual who has been cleared must sign a Security Screening Certificate and Briefing Form (TBS/SCT 330–47), indicating their willingness to be bound by several Acts of Parliament during and after their appointment finishes. Anyone who has been given a security clearance and releases designated/classified information without legal authority is in breach of trust under section 18(2) of the Security of Information Act with a punishment up to 2 years in jail. Those who have access to Special Operational Information are held to a higher standard. The release of such information is punishable by law, under section 17(2) of the Security of Information Act , liable to imprisonment for life. [12]
Section 750(3) of the Criminal Code, states that no person convicted of an offence under section 121 (frauds on the Government), section 124 (selling or purchasing office), section 380 (Fraud - if directed against His Majesty) or section 418 (selling defective stores to His Majesty), has, after that conviction, the capacity to contract with His Majesty or to receive any benefits under a contract between His Majesty and any other person or to hold office under His Majesty unless a pardon has been granted. (This effectively prohibits granting of a Reliability Status to any such individual.) [13]
Secrecy is the practice of hiding information from certain individuals or groups who do not have the "need to know", perhaps while sharing it with other individuals. That which is kept hidden is known as the secret.
The Communications Security Establishment, formerly called the Communications Security Establishment Canada (CSEC), is the Government of Canada's national cryptologic agency. It is responsible for foreign signals intelligence (SIGINT) and communications security (COMSEC), protecting federal government electronic information and communication networks, and is the technical authority for cyber security and information assurance.
Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance with a need to know. Mishandling of the material can incur criminal penalties.
A security clearance is a status granted to individuals allowing them access to classified information or to restricted areas, after completion of a thorough background check. The term "security clearance" is also sometimes used in private organizations that have a formal process to vet employees for access to sensitive information. A clearance by itself is normally not sufficient to gain access; the organization must also determine that the cleared individual needs to know specific information. No individual is supposed to be granted automatic access to classified information solely because of rank, position, or a security clearance.
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border control, immigration enforcement, and customs services in Canada.
Terrorism and mass attacks in Canada includes acts of terrorism, as well as mass shootings, vehicle-ramming attacks, mass stabbings, and other such acts committed in Canada that people may associate with terroristic tactics but have not been classified as terrorism by the Canadian legal system.
The Treasury Board of Canada Secretariat is the administrative branch of the Treasury Board of Canada and a central agency of the Government of Canada. The role of the Secretariat is to support the Treasury Board and to provide advice to Treasury Board members in the management and administration of the government.
Mohamed Harkat is a native-born Algerian and permanent resident of Canada who was arrested in 2002 and was imprisoned under security certificates after the Canadian Security Intelligence Service (CSIS) concluded that he entered the country as a sleeper agent for al-Qaeda. His court challenge of the government's security certificate proceedings - which could lead to his deportation from Canada - are ongoing. The Harkat case is one of Canada's longest-running judicial matters.
The United States government classification system is established under Executive Order 13526, the latest in a long series of executive orders on the topic of classified information beginning in 1951. Issued by President Barack Obama in 2009, Executive Order 13526 replaced earlier executive orders on the topic and modified the regulations codified to 32 C.F.R. 2001. It lays out the system of classification, declassification, and handling of national security information generated by the U.S. government and its employees and contractors, as well as information received from other governments.
Special access programs (SAPs) in the U.S. Federal Government are security protocols that provide highly classified information with safeguards and access restrictions that exceed those for regular (collateral) classified information. SAPs can range from black projects to routine but especially-sensitive operations, such as COMSEC maintenance or presidential transportation support. In addition to collateral controls, a SAP may impose more stringent investigative or adjudicative requirements, specialized nondisclosure agreements, special terminology or markings, exclusion from standard contract investigations (carve-outs), and centralized billet systems. Within the Department of Defense, SAP is better known as "SAR" by the mandatory Special Access Required (SAR) markings.
The Security of Information Act, formerly known as the Official Secrets Act, is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and terrorist groups, and the intimidation or coercion of ethnocultural communities in and against Canada.
Executive Order 12968 was signed by U.S. President Bill Clinton on August 2, 1995. It established uniform policies for allowing employees of the federal government access to classified information. It detailed standards for disclosure, eligibility requirements and levels of access, and administrative procedures for granting or denying access and for appealing such determinations. It expanded on the President Dwight D. Eisenhower's Executive Order 10450 of 1953.
The Government Security Classifications Policy (GSCP) is a system for classifying sensitive government data in the United Kingdom.
In the United Kingdom, government policy requires that staff undergo security vetting in order to gain access to government information.
The National Security and Intelligence Committee of Parliamentarians is a body composed of members of the House of Commons and Senate which reviews the activities of the Government of Canada's national security and intelligence agencies. The committee also performs strategic and systematic reviews of the legislative, regulatory, policy, expenditure and administrative frameworks under which national security activities are conducted.
The intelligence commissioner of Canada is an independent officer of the Government of Canada charged with quasi-judicial review of certain decisions made by the Minister of Public Safety and Minister of National Defence in relation to the Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE).
The National Security and Intelligence Review Agency is an independent government agency organized to review all national security and intelligence activities carried out by the Government of Canada. NSIRA was established in June 2019 to replace the Security Intelligence Review Committee, which was limited to reviewing the activities of the Canadian Security Intelligence Service (CSIS).
The National Security Act, 2017 is a Canadian statute enacted by the Parliament of Canada to reform the oversight of the National Security Agencies of Canada, including the Royal Canadian Mounted Police (RCMP), Canadian Security Intelligence Service (CSIS) and the Communications Security Establishment (CSE). It also makes various adjustments to supporting legislation, including the National Defense Act, the Canadian Security Intelligence Service Act the Communications Security Establishment Act and the Criminal Code to support these new mechanisms.
A United States security clearance is an official determination that an individual may access information classified by the United States Government. Security clearances are hierarchical; each level grants the holder access to information in that level and the levels below it.