Canada Border Services Agency's 2023 to 2024 Departmental results report

The CBSA remained committed to keeping Canadians safe by interdicting illicit drugs and precursor chemicals at our border, with a focus on deadly synthetic opioids such as fentanyl. These efforts included targeting and intelligence development, enhanced controls in the postal stream, tools to detect concealed contraband in the marine environment, and technology for the safe examination of goods suspected to contain these highly toxic substances. The Agency also collaborated with federal partners by sharing intelligence and information to identify and interdict illicit shipments.

The CBSA addressed gun and gang violence by delivering a suite of technological solutions to enhance detection capabilities, including the expanded use of x-ray technology for risk assessment of mail items in the postal stream, additional detector dog teams, specialized examination vehicles, and the deployment of handheld x-ray devices at select ports of entry. The Agency is also working to replace aging technology and introduce large-scale x-ray technology, including mobile x-ray trucks.

To combat the illegal importation of firearms, the CBSA continued to follow its Firearms Strategy and to collaborate with partners through its Cross-Border Firearms Task Force. Because organized crime can have a broad reach, the CBSA Firearms Strategy focuses on identifying criminal networks and trafficking routes to prevent illicit firearms from crossing the border. In addition, the Agency's National Firearms Intelligence Desk and National Targeting Centre played a key role in sharing information across all regions and supporting firearm interdictions at ports of entry.

To address the threat of African swine fever, the CBSA worked closely with the Canadian Food Inspection Agency to prevent the importation of high-risk food, plant and animal products. These efforts included an ongoing public awareness campaign aimed at travellers and stakeholders in Canada and abroad, along with the deployment of detector dog teams specializing in food, plant and animal products.

To support the integrity of its Air Passenger Targeting Program, the CBSA finalized negotiations on the Agreement between Canada and the European Union on the Transfer and Processing of Passenger Name Record (PNR) Data. Once brought into force, this agreement will ensure that concerns raised by European courts are addressed and that the Agency can continue to receive PNR data from commercial air carriers flying from the European Union under an updated legal framework.

In the immigration context, the CBSA took further steps to implement processing efficiencies in the Immigration National Security Screening Program to identify inadmissible persons seeking entry into Canada, contributing to an 84.3% increase in the number of cases processed in 2023 to 2024 relative to the previous fiscal year. The Agency implemented inventory management strategies, such as focusing on cases that are not pending additional information, to ensure that officers can action cases with complete information so that timely recommendations can be provided. The Agency also implemented asylum processing efficiencies through an innovative processing model called One Touch, which can be used for eligible low-risk claimants and can be completed in two hours as opposed to the usual timeframe of four to six hours. With the implementation of the One Touch processing model, the CBSA increased its processing output to 101% in 2023 from 49% in 2022—a 106% year-over-year increase—despite receiving more than 50,000 refugee claims above its funded capacity.

The CBSA continued to facilitate the arrival of Afghan nationals, Ukrainian nationals, consular clients, and other clients in assisted departure situations, including those who arrived under various special immigration measures. In collaboration with Immigration, Refugees and Citizenship Canada (IRCC) and the Canadian Security Intelligence Service (CSIS), all inbound travellers that were referred for comprehensive security screening were screened and risk-assessed prior to arrival. The Agency has established vetting and verification processes for assisted departures that are tailored to identify clients that could be inadmissible to Canada as early as possible.

To combat human trafficking and fraudulent immigration consultants, the CBSA used its intelligence and enforcement capabilities to identify vulnerable persons and leads for criminal investigations. These efforts supported the prosecution of multiple criminal cases in 2023 to 2024, with convictions secured in eight cases involving human smuggling and 11 cases involving fraudulent immigration consultants. In collaboration with federal partners, the Agency contributed to intelligence-led operational initiatives to identify and interdict national security threat actors, such as those suspected of engaging in espionage, who may be inadmissible to Canada pursuant to section 34 of the Immigration and Refugee Protection Act.

To protect the integrity of Canada's participation in international trade, the CBSA continued efforts to detect potential abuse of the customs process for the movement of illicit financial flows to and from Canada. The Agency worked with domestic and international partners to identify instances of trade-based financial crime, including trade-based money laundering, and to refer them to the appropriate law enforcement entities.

Under its Traveller Modernization initiative, the CBSA is investing in a safe, modern and efficient travel experience for Canadians and visitors crossing our borders. The Agency is undertaking a series of significant improvements to infrastructure and processes at Canada's ports of entry, with a view to expanding the availability of digital technology and self-service tools that use biometric verification to expedite the movement of people across the border.

Following the completion of legislative amendments in 2023 to 2024, the CBSA is planning to introduce a suite of regulatory amendments that will establish the policy foundation for the integration of these new technologies to modernize border processing. Privacy is at the forefront of the Traveller Modernization initiative through the Agency's ongoing engagement with the Officer of the Privacy Commissioner, along with work to amend legislation, regulations and policies to ensure that the privacy rights and freedoms of Canadians are protected at every step of the way.

By modernizing the border experience through the use of digital tools and biometric technologies, the Traveller Modernization initiative will create a streamlined process for low-risk travellers, allowing the CBSA to focus on higher-risk activities and improving the delivery of the Agency's safety and security mandate.

Through its Entry/Exit Program, the CBSA collected exit data on outbound travellers, allowing the Agency to verify a more complete travel history to support decision-making, and to focus attention on individuals of higher or unknown risk. The collection of exit data is limited by law to basic biographic information that is routinely collected from all travellers entering Canada, and privacy protections are in place for information sharing with federal partners and United States counterparts.

The CBSA advanced the development of a proof-of-concept pilot for Canadian land preclearance operations in a co-located facility in the United States. Preclearance is being piloted with the aim of streamlining border processes for legitimate travellers and identifying inadmissible travellers prior to their arrival in Canada. The pilot is planned to be launched over a two-year period starting in 2024 to 2025 at the Covey Hill/Cannon Corners border crossing between Quebec and New York State. Depending on the success of the pilot, the Agency may assess the viability of expanding traveller preclearance operations to other locations in the United States.

As part of its E-Commerce Customs Strategy to keep pace with the continual rise in e-commerce importation volumes, the CBSA advanced efforts to transition to a larger-scale pilot of the E‑Commerce Low Value Inspection System. The aim of this pilot is to enhance risk targeting in the courier low value stream through the use of automation and analytics to intercept contraband. In addition, the Agency worked with the Canada Post Corporation to ensure streamlined and strengthened operations at international mail centres in order to manage postal volumes on a daily basis and during peak periods.

In response to a decision by the Canadian International Trade Tribunal and in light of significant increases in the importation of e-commerce goods, Budget 2022 passed an amendment to section 17 of the Customs Act to clarify liability for duties and taxes owing on such goods. This amendment, which will come into force on a date to be fixed by Order in Council, clarified that when commercial entities are identified as the importer of record through accounting documents, they share liability for duties and taxes owing with the importer or owner of those goods. In 2023 to 2024, the CBSA continued consultations with stakeholders and implementation plans in preparation for the amendment to come into force.

In support of Canada's global human rights efforts, the CBSA worked closely with the Labour Program within Employment and Social Development Canada to identify and interdict goods that may have been produced by forced labour. Since the import ban on such goods has been in place, the CBSA has gained experience in applying this measure. Approximately 50 shipments have been intercepted and assessed by the CBSA up to September 2024, of which six shipments were monitored for export out of the Canadian marketplace; one shipment was abandoned at the Canadian border by the importer; and the remaining shipments were permitted entry after an extensive review of detailed supply chain information provided by importers. The CBSA is also engaged with other government departments and trade chain partners on an approach to address forced labour in supply chains.

The CBSA continued to develop a cargo preclearance proof-of-concept in the air mode to inform the potential expansion of commercial preclearance operations in the United States. Additionally, to improve commercial examination capacity in the marine mode, the Agency continued to equip its marine container examination facilities with enhanced imaging technology at key locations to inspect marine containers and large conveyances targeted for examination.

The CBSA collaborated with Transport Canada on the Port Modernization Review, which informed the development of legislative amendments brought forward in Bill C-33, including amendments to the Customs Act that will support efficiency and facilitation priorities at Canada's marine ports and address security threats associated with organized crime, smuggling and internal conspiracies. Additional collaborations with Transport Canada focused on addressing the recommendations of the Supply Chain Task Force regarding transportation and supply chain logistics to increase fluidity at the border.

Work on the CBSA Assessment and Revenue Management (CARM) project progressed steadily throughout 2023 to 2024 in preparation for CARM Release 2, which was launched internally in the first quarter of 2024 to 2025 to advance the Agency's compliance and enforcement efforts. The Agency is working toward the next major CARM milestone, which will be the external launch of CARM for the commercial importing community to submit their import declarations to the CBSA. At that point, CARM will become the official system of record for importers and other trade chain partners to pay duties and taxes.

The CBSA conducted anti-dumping and countervailing investigations through its administration of the Special Import Measures Act to guard against unfair trade practices, defend domestic producers, and protect Canadian jobs. These investigations are conducted in parallel with the Canadian International Trade Tribunal's investigations into injury to Canadian industry caused by dumping and subsidizing. The CBSA's anti-circumvention of trade remedies policy framework brings greater predictability and efficiency to its investigations of industry complaints that Special Import Measures Act duties are being unfairly circumvented.

To support Canada's obligations under the Canada-United States-Mexico Agreement (CUSMA), the CBSA advanced its E-filing Solution project to digitalize its Anti-dumping and Countervailing Program, in line with the CUSMA requirement to implement a web-based access point by July 2025. Additionally, to expand trade remedy advisory services, the CBSA established a new Trade Remedies Advisory Services Unit that helps non-traditional users, such as small- and medium-sized enterprises, to navigate the anti-dumping investigation process.

The bilateral NEXUS program between Canada and the United States supports communities and economic interests on both sides of the border by expediting the crossing of pre-screened travellers and allowing border officers to focus more attention on areas of higher risk. The CBSA has expanded hours of service and interview options at NEXUS enrollment centres to improve processing for current and prospective NEXUS members, while also working with United States counterparts to increase the NEXUS membership fee to improve program sustainability.

As of October 1, 2024, the NEXUS fee will increase from $50 to $120 (USD) for a five-year membership. The new fee amount will more accurately reflect the administrative cost of the program and help keep up with the high demand for the program, while also supporting future investments to enhance technology and infrastructure for program delivery.

The Recourse Program continues to provide travellers and businesses with an accessible mechanism to seek a review of CBSA decisions and to voice any feedback or complaints, in accordance with legislation and policies administered by the Agency. In 2023 to 2024, the Agency enhanced its Recourse Program through ongoing efforts to develop a secure e-portal for electronic communications with external clients, along with ongoing improvements to business processes.

In 2023 to 2024, the CBSA supported a number of federal priorities by advancing its policy agenda across the commercial, trade and traveller streams, including through the development of budgetary, legislative and regulatory proposals to support the Agency's mandate. Key highlights included:

• Finalizing the regulatory framework required to support the full implementation of the CARM system with trade chain partners
• Advancing policy work in collaboration with federal partners aimed at eradicating forced labour from Canadian supply chains and strengthening the enforcement of Canada's import ban on goods produced in whole or in part using forced labour
• Continuing to advance work on proposed regulatory amendments to ensure that imported goods are valued in a fair and consistent manner by all importers in order to provide a level playing field for all importers with regard to value for duty calculations
• Working closely with federal partners to strengthen legislative and regulatory frameworks to combat the importation and exportation of illicit substances and dangerous goods, such as illegal drugs and firearms, into and out of Canada
• Providing ongoing policy and program support respecting the implementation and administration of the legislative framework to legalize and strictly regulate cannabis
• Supporting the introduction of Bill C-355, An Act to prohibit the export by air of horses for slaughter and to make related amendments to certain Acts, in September 2023
• Advancing legislative amendments to the Customs Act and Preclearance Act, 2016 through Bill S‑7 in collaboration with Public Safety Canada for the examination of personal digital devices at the border in order to ensure that CBSA operations are consistent with constitutional limits
• Working closely with the United States and impacted Indigenous communities to advance policy work on the feasibility of preclearance in the context of Indigenous cross-border mobility

Additionally, the CBSA advanced initiatives in relation to the following:

• Frontline workforce: The CBSA further improved its recruitment and retention efforts. For example, the Agency enhanced its coordination of staffing processes to be more proactive in having pools of qualified candidates aligning to current needs and longer-term priorities of the organization. Additionally, the Agency updated its placement strategy for border services officers (BSOs) as part of the Duty Placement Process to emphasize candidates' preferred work location at ports of entry across Canada, leading to greater employee satisfaction and a reduction in work location accommodation requests. The Agency also continued to enhance its recruitment of student BSOs in order to facilitate the transition to apply for a BSO position. Overall, the Agency remained focused on ensuring a high-performing, adaptable and diverse workforce representative of the population it serves, while better aligning the placement of recruits with operational needs and official language requirements
• Border infrastructure: As part of ongoing efforts to strengthen border infrastructure, the CBSA advanced the Gordie Howe International Bridge Project in Windsor, Ontario by supporting the design, construction and staffing of the Canadian port of entry. Concurrently, the Agency advanced the Land Border Crossing Project by substantially completing three of the 21 small ports of entry in scope (Bloomfield, Fraser and Ste-Aurélie), while also beginning construction planning for one of the three large ports of entry in scope (St-Bernard-de-Lacolle)
• Indigenous reconciliation: To support reconciliation with Indigenous Peoples, the CBSA continued to be guided by its Indigenous Framework and Strategy, including the following achievements in 2023 to 2024:
  • In June 2023, the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) Action Plan was released. It provides the required actions for Canada to implement the rights and principles set out in the UN Declaration. In particular, Action Plan Measure Shared Priority 52 commits the Government of Canada to pursue legislative amendments to the Immigration and Refugee Protection Act, amendments to relevant regulations, and revisions to policies in order to address complex border crossing and migration challenges faced by Indigenous Peoples. To that end, the CBSA's Indigenous Affairs Secretariat, in coordination with IRCC's Indigenous Mobility Team, hosted seven regional roundtables across the country in 2023 to 2024
  • In March 2024, the CBSA and IRCC released a report entitled Indigenous Mobility and Canada's International Borders: Reflecting back and looking forward that was developed as part of the process of consultation and cooperation to implement Action Plan Measure Shared Priority 52. The report is a snapshot in time, capturing the comments and feedback received to date. Having Indigenous voices involved in these conversations is an important step toward reconciliation
  • The CBSA's Indigenous Affairs Secretariat has maintained an informal network with the New Zealand Customs Services, which has provided an opportunity to explore the heightened interest in several customs areas in relation to Indigenous affairs

The CBSA focused its inland investigative resources on high-risk cases, with the highest priorities being criminality, organized criminality, human and international rights violations, and national security. Concurrently, the Agency worked with federal partners to improve operational coordination with regard to irregular migration and the in-Canada refugee determination system. The Agency maintained its warrant management strategy to support immigration enforcement operations, with a focus on supporting administrative removals and serious inadmissibility warrant cases.

Building on the successes achieved through the implementation of the National Immigration Detention Framework, the CBSA ensured that detention is used as a measure of last resort and that alternatives to detention are always considered. Founded on consistent, risk-based decisions, the Agency used alternatives to detention for individuals whose risk could be appropriately mitigated while being released into the community. Additionally, the Agency updated its National Immigration Detention Standards to improve the conditions of detention in cases where detention is required, and maintained ongoing engagement with the Canadian Red Cross to provide documented detention monitoring services. These initiatives ensure that detainees are treated in accordance with applicable domestic and international obligations.

The CBSA ensured the effective management of its hearings-related activities, including the implementation of updated guidelines regarding detention reviews before the Immigration and Refugee Board of Canada. The Agency also initiated a pilot to support faster triage of refugee claims and collaborated with IRCC's Reviews and Interventions team through the Integrated Claim Analysis Centre in the Greater Toronto Area.

The CBSA successfully employed a national triage model to ensure the timely departure from Canada of inadmissible persons subject to removal, such as foreign national criminals and failed refugee claimants. The Agency focused on high-priority removals, increased travel document applications, and operated the Removals Help Line to encourage more voluntary removals. The Agency also collaborated with federal partners to address challenges in obtaining required travel documents from countries that may be uncooperative with removal operations, as this remains the most common impediment to removal.

The CBSA continued to build capacity to investigate and prosecute people and businesses that violate Canada's border-related legislation, with a focus on complex cases of fraud involving individuals and organizations posing a threat to Canada's immigration system, economy and communities. Operational priorities were primarily focused on cases of fraud by organizers and facilitators of serious immigration offences, including human smuggling, employment fraud, and offences involving immigration consultants, as well as serious customs offences, including firearms and weapons smuggling, trade fraud, and trade-based money laundering. Additionally, in collaboration with IRCC and the College of Immigration and Citizenship Consultants, the CBSA strengthened the governance and enforcement framework applicable to those who offer consultant services to persons seeking to enter or remain in Canada.

Under its policy agenda, the CBSA advanced initiatives geared toward immigration facilitation and balanced enforcement through legislative and regulatory work to support public safety, immigration facilitation, and program integrity objectives, including:

• Expanding officer authorities to issue removal orders for straightforward inadmissibility cases
• Reviewing Stay of Removal regulations related to public policy considerations
• Streamlining the cancellation of certain immigration documents in cases where a removal order has been issued
• Updating the transborder criminal inadmissibility framework
• Updating the recovery of removal costs framework
• Addressing terrorism and human rights violations by continuing Canada's commitment to advance work on the designation of regimes
• Continuing efforts on the review of serious inadmissibility grounds, including security and organized criminality membership provisions
• Updating the CBSA Delegation and Designation Instrument to reflect legislative changes, streamline removal processes, and reflect the harmonization of authority to designate port of entry services

In line with commitments under the National Strategy to Combat Human Trafficking, the CBSA assessed the impacts of gender-based violence, including human trafficking, throughout its immigration enforcement and inadmissibility policy frameworks. Legislative and regulatory policy proposals are under development to address identified gaps, which will be subject to governmental and parliamentary approvals. The goal is to improve existing immigration enforcement and inadmissibility policies to account for specific considerations relating to people who have experienced human trafficking and gender-based violence, and to avoid inadvertently re-traumatizing victims and survivors.

The CBSA continued to support immigration measures for those affected by the Russian invasion of Ukraine, while also working with federal partners to enforce sanctions in response to the Russian invasion and commission of human rights violations. The Agency also supported the Minister of Public Safety in exercising the authority to designate a regime as having engaged in international human rights violations, terrorism or war crimes. This authority means that prescribed senior officials of the designated regime are inadmissible to Canada. For example, enforcement measures were implemented following the designation of the Iranian regime pursuant to subparagraph 35(1)(b) of the Immigration and Refugee Protection Act in order to identify and interdict senior officials who are inadmissible to Canada.