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National Immigration Detention Standards
Chapter 6.0:  Administration and Management

From: Canadian Border Services Agency

In this section

6.1  Classification and placement of detainees in detention facilities

6.1.1  Purpose and scope

To provide national direction on classification and placement of persons detained under the Immigration and Refugee Protection Act (IRPA), ensuring a transparent detainee classification system that takes detainee risk and vulnerabilities into account when determining placement by type of facility (Canada Border Services Agency (CBSA) Immigration Holding Centre (IHC) or non-CBSA facility) and by living unit within an IHC

6.1.2  Expected results

  1. Regional management ensures implementation of this standard
  2. Procedures related to this standard are understood and followed by all parties involved in the process
  3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

 6.1.3  National standards

  1. All classification and placement decisions are transparent, objective and documented with complete justification
  2. All classification and placement decisions are based on the evaluation of risk factors as well as vulnerability factors of the person concerned, and the safety and security of other detainees, staff, the facility and the public
  3. The classification and placement of an individual is dynamic and can change based on observations and the assessment of behaviours exhibited within a detention facility
  4. The classification and placement of all persons detained is reviewed regularly, until release, in accordance with the schedule set out in Annex A of this standard
  5. Every effort is made to use the IHC as the default placement in both IHC and non-IHC regions
  6. As a matter of principle, for safety and security reasons and good order of the IHC, men and women are separated and unaccompanied minors are separated from adults
  7. Family unity is a primary consideration in the classification and placement in an IHC of a family with minor children. Consistent with the standard on Accompanied and Unaccompanied Minors, children will remain with a parent/legal guardian unless it is in the best interests of the child or advised by Medical Services
  8. Classification and placement decisions are communicated to the detainee
  9. Detainees are afforded the opportunity to discuss their classification and placement at admission, during orientation, during the completion of the NRAD or any time during their stay
  10. This standard is to be read in conjunction with the following standards: Admission and Discharge; Health Services; Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Individuals; Vulnerable Persons; Accompanied and Unaccompanied Minors; Special Purpose Units; Prevention and Management of Breaches; Prevention and Management of Assault; Contraband; Detention in Non-CBSA Facilities; Facility Security and Access Control; and the ENF  20 manual (Detention)

6.1.4  Definitions

a)  Medical needs of a detainee: A BSF674 form which, once completed captures health and mental health-related information (as reported by the detainee) which is taken into consideration in classification and placement decisions

b)  Classification: A process whereby a detainee’s case history (including risk, vulnerabilities and circumstances) is assessed in order to determine appropriate placement by facility type (non-CBSA or IHC) and within an IHC (by unit)

c)  National Risk Assessment for Detention (NRAD): A BSF754 form which, once completed, outlines a detainee’s general risk and vulnerability factors which are taken into consideration in classification and placement decisions

d)  Non-CBSA Facility: Facility that is administered by respective ministries responsible for correctional services in each province/territory and other non-CBSA facilities

e)  Placement: The assigned place/location of detention based on the assessment undertaken in the classification process

f)  Health facility: A facility, other than the IHC, where health care is provided by medical professionals such as a hospital, mental health care facility etc.

g)  Meaningful Human Contact: Interactions with another human, which provides psychological stimulation. Meaningful human contact is meant to support mental welfare and social interactions, which are conducive, empathetic and essential for the well-being of the individual.

6.1.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. All detainees
    1. Inform detainees of the classification and placement decision and ensure they understand in case of language barriers
    2. Upon detention, ensure classification and placement decisions are documented with complete justification
      1. Verify that a National Risk Assessment for Detention (NRAD) (BSF754) form and a Detainee Medical Needs (DMN) (BSF674) form are duly and properly completed for all persons detained
      2. Review detention notes submitted by the arresting/detaining officer and any other available information (as outlined below in Factors Influencing Initial Placement (IHC or non-CBSA Facility)) and consult with the officer for clarification, as required
      3. If a detainee is placed in a non-CBSA facility, all factors that were considered when making this decision must be outlined on the Notice of Arrest and NRAD BSF754 form and should also be indicated in the BSF591 Notice of Arrest form as per section 55 of the IRPA
    3. Following an initial classification and placement decision, reassess according to the schedule in Annex A or when any changes in detainee behavior are observed or reported regarding the risk the detainee poses to themselves and/or others:
      1. Adjust classification and placement as required based on an assessment of new information received (such as but not limited to verbal reports [arresting/detaining officer, non-CBSA facility officials], monitoring logs, incident reports, other detainees or Medical Services) and following a one-on-one interview with the detainee
      2. Explain the classification and placement decision with the detainee
    4. Ensure that subsequent NRAD and DMN forms are completed in accordance with the ENF 20 manual (Detention)
  2. For detainees held in IHCs
    1. Ensure Guard Services reports breaches by detainees held in IHCs, consistent with the standards on Prevention and Management of Breaches and Prevention and Management of Assaults and any other incidents (i.e., health or otherwise) for potential impacts on classification and placement
    2. Maintain communication with Medical Services throughout the detention to ensure the detainee’s well-being and successful adjustment
  3. For detainees held in non-CBSA facilities
    1. Upon transfer to a non-CBSA facility, promptly inform facility officials of any special requirements which may impact the placement recommendations within that facility
    2. Share initial and subsequently completed NRAD and DMN forms
    3. Maintain regular contact with detainees held in non-CBSA facilities consistent with the standard on Detention in Non-CBSA Facilities
    4. Maintain regular contact with non-CBSA facility staff where detainees are held, consistent with the standard on Detention in Non-CBSA Facilities
b)  Medical services
  1. Assess every detainee as soon as possible but no later than 48 hours after admission to the IHC, in accordance with the standard on Health Services
  2. Meet the detainee and conduct a physical and/or mental health assessment as soon as practicable upon receipt of information from the CBSA of a detainee transfer to an enhanced security living unit or special purpose unit, due to an escalation of behavior or medical concerns
  3. Notify the CBSA when the transfer of a detainee to the medical isolation unit, or any to another health care facility is advisable and provide instructions for any special measures required when transferring
  4. Regularly review and revaluate the health and well-being of detainees placed in medical isolation and provide the CBSA with regular updates
  5. Advise the CBSA when a detainee should be transferred to another health facility or may be released from the medical isolation unit
c)  Guard services
  1. Ensure implementation of all detainee classifications, transfers, and conditions as instructed by the CBSA
  2. Ensure that any privileges, items or restrictions relevant to the detainee’s classification are applied
  3. Inform the CBSA of any requests related to classification and placement made by a detainee
  4. Record and submit daily to the CBSA information on individual detainee behaviour (both positive and negative) that may impact classification and placement
  5. Advise the CBSA verbally of any immediate concerns regarding a detainee’s classification and placement

2)  Operational delivery

a)  Factors influencing initial placement (IHC or non-CBSA facility)
  1. In regions where an IHC exists or where transfer from a non-IHC region is feasible (refer to section 11 of ENF20 manual (Detention)), every effort is made to use the IHC as the default detention facility for placement where the level of risk posed by the detainee may be mitigated
  2. When considering placement, a CBSA officer and the IHC manager must review the detainee’s file (non-exhaustive):
    1. National Risk Assessment for Detention (BSF754)
    2. Detainee Medical Needs Form (BSF674)
    3. Arrest and/or detention form BSF 561, pertaining to article 55 of the IRPA
    4. Notes on file (i.e., criminal history, circumstances and nature of offences, past violence, assaults and escapes), administrative summaries, available reports (i.e., law enforcement, and open source)
    5. Personal history, including records of compliant or non-compliant behavior and attitude, and medical/psychiatric history, if known
  3. Following review of the detainee’s file, the CBSA officer must consider the totality of the case including extenuating circumstances related to personal history/past behavior and information gathered during conversations with the detainee. Interviews with the detainee contribute to gaining a better understanding of the risk the person may pose and to a comprehensive review of the case in determining placement where risk may be mitigated
  4. Further to the considerations above, non-CBSA facilities should only be used to house individuals who are detained for one or more of the following conditions:
    1. The person’s continued detention is necessary on grounds that the person is a Danger to the public
    2. Where facilities for medical services/treatments are confirmed to only exist in a non-CBSA facility
    3. On the grounds of Identity in conjunction with any of the criteria listed in 1, 2, 4 or 5
    4. In cases where a detainee has been held in an IHC on any detention grounds, and is unable to or unwilling to comply with the rules of the facility in a manner that could potentially cause harm to themselves, other detainees or staff, making them unsuitable for continued placement in the IHC due to this behavior
    5. Where removal is scheduled to occur in less than 48 hours and a non-CBSA facility is available and willing to house the detainee
  5. In those regions without a readily accessible IHC, detainees who are flight risks, or are detained due to unestablished identity and where there are no identified risks to staff, other detainees, or of self harm, may be temporarily placed in a regional office or Port of Entry with holding cells, until arrangements can be made for transfer to an available IHC
  6. Temporary placement at a Port of Entry may also apply in cases where the individual is detained on unlikely to appear grounds and where removal of the individual will be occurring within 48 hours of the detention
  7. Only where risk cannot be mitigated (with a high degree of certainty) should a detainee be placed in a non-CBSA facility. Classification and placement within a non-CBSA facility is in accordance with procedures in place in that facility
b)  Living units within an IHC
  1. Detainees are transferred to the living unit that best meets their needs, consistent with IHC safety and security, and only after a careful classification evaluation by the CBSA
  2. Classification within an IHC involves assigning placement of a detainee to one of the following units: General living units (men and women), family living units, enhanced security living units (men and women), and special purpose living units. Staging areas may be used for a defined and temporary purpose
    1. Staging areas (men/women)
      1. Staging areas are found in the A&D section of the IHC. They are used to place detainees temporarily or for short durations
      2. Use of this area provides flexibility in managing the overall population and flow of individuals in and out of the IHC, avoiding the need for disruption to the general or enhanced living units after hours
      3. This area can also be used in an emergency situation, such as when a large number of detainees arrive at the same time
      4. Detainees placed in the staging area should not be held there for more than 48 hours, unless there are extraordinary reasons necessitating a longer placement
    2. General living units (men/women)
      1. General living units are for detainees who require a lower degree of monitoring and who can be managed through the use of standard physical and procedural security controls
      2. Detainees may have demonstrated behavioral outbursts or have had minor criminality but it is observed that, in general, they can cooperatively and respectfully interact with other detainees and staff
    3. Enhanced security living units (men/women)
      1. Enhanced security living units are for detainees who may pose a risk to themselves, other detainees, or staff, and that their risk requires more intensive or direct monitoring
      2. These detainees may have behavioral issues, a pattern of violent tendencies or documented history of criminality or non-compliance with detention facility rules
    4. Family living units
      1. Family living units are for detainees (parent(s)/legal guardian(s)) who are being held with accompanying minor children
      2. Family living units are in a separate area of the IHC that is not accessible to general and enhanced living units
      3. Within the family living unit, distinct sleeping quarters separate female parents/legal guardians with children from male parents/legal guardians with children
      4. Placement within the family living unit will be dependent on the gender of the parent/legal guardian
      5. Where a family unit with both male and female parents/legal guardians are being held, placement within the family living unit’s sleeping quarters should be determined in consultation with the parents/legal guardians, taking the best interests of the child into consideration
    5. Special purpose unitsFootnote 1

      Special purpose units include medical isolation, flex units and detention cells

      1. Medical isolation unit
        1. The medical isolation unit is used in circumstances that necessitate the isolation of an individual who is deemed to have medical or mental health issues that require isolation as a result of a concern their condition may compromise their own and/or others’ health and safety and require observation by a medical practitioner
        2. Placement of an individual within this unit should be done in consultation with Medical Services
        3. This unit should only be used when absolutely necessary and for the shortest time possible
      2. Flex unit
        1. The flex unit is used in circumstances where the protection of a detainee is required, and when presence within the general living units or enhanced security living units may pose a threat to their own safety, the safety of other detainees or staff
        2. The flex unit may also be used in circumstances where the detainee is identified as requiring additional one-on-one observation or monitoring, and where their placement within another living unit is not in their best interests or those of other detainees
      3. Detention cells
        1. Detention cells are basic individual cells used for reasons of safety and security of the detainee, other detainees, staff and IHC property
        2. Detention cells are used for detainees when it is deemed by the CBSA that there is no other area in the IHC that is secure enough to accommodate the detainee
        3. Placement in a detention cell must be limited and only used after consideration of alternative solutions or units, and should not exceed 48 hours unless there are extraordinary reasons necessitating a longer placement. Consideration of alternatives and the reasons for exceeding 48 hours must be documented, providing a rationale
        4. Reassess placement as well as appropriate monitoring and observation requirements and restrictions daily and, after the initial 48 hours and every 12 hours thereafter for persons held in a detention cell, consistent with the standard on Classification and Placement of Detainees in Detention Facilities and ENF 20
        5. Ensure that proper documentation is on file providing rationale for a vulnerable person to be placed in a detention cell
        6. Detainees in detentions cells must be provided with the opportunity to spend a minimum of four hours a day outside of their cell, with two hours a day of meaningful human contact
c)  Factors and indicators influencing placement and classification within an IHC (initial and ongoing)
  1. Factors to consider (non-sequential and not an exhaustive or weighted list):
    1. National Risk Assessment for Detention form (BSF754)
    2. Detainee Medical Needs form (BSF674)
    3. Notes on file (i.e., criminal history, circumstances and nature of offences, past violence, assaults and escapes), administrative summaries, available reports (i.e., law enforcement, and open source)
    4. Personal history, including records of compliant or non-compliant behaviour and attitude, and medical/psychiatric history
    5. Conversations, interviews and assessments by the CBSA and IHC staff
    6. Pattern of detainee’s behavior and interaction while in detention (positive or negative)
    7. Possession or use of contraband
    8. Totality of the case
  2. Indicators for placement in an enhanced security living unit (non-exhaustive list):
    1. Involvement in an incident at the IHC or upon arrest (e.g. incites other detainees to disobey IHC rules, attempts to pull away during arrest)
    2. Pattern of minor breaches or a major breach while in the general living unit (see standard on Prevention and Management of Breaches)
    3. Pattern of aggressive behaviour towards detainees, staff, visitors or others
    4. Behaviour cannot be managed in the general living unit
    5. History or pattern of criminality involving physical violence
    6. Incident reports that suggests detainee requires more supervision
  3. Indicators for placement in a medical isolation unit/flex unit
    1. Detainee Medical Needs form (BSF674)
    2. Detainee with known, suspected or ongoing mental health issues that require monitoring
    3. Detainee who may pose a threat to self
    4. Detainee who is vulnerable or has special needs (See standards on Vulnerable Persons and Lesbian, Gay, Bisexual, Transgender and Intersex Individuals)
    5. Detainee is a victim of assault from another detainee
    6. Recommendation by Medical Services
    7. Detainee with non-violent behavior requires isolation (e.g. infection, contagious disease, drug or alcohol addiction) with specific attention to or observation by the medical team
  4. Indicators for temporary placement in a cell in the IHCs staging area or a detention cell at the IHC or CBSA offices
    1. A comprehensive classification assessment of a detainee by a CBSA officer working at the IHC is pending
    2. Detainee is in transit at a CBSA office awaiting an enforcement proceeding (i.e., Minister’s Delegate proceeding, IRB hearing etc.) or in-person interview
    3. Detainee is awaiting transfer to a non-CBSA facility or IHC or any other location used for staging of removal from Canada (i.e. removal is very early in the morning or on weekends)
    4. Detainee needs time and space to reflect and reframe following use of threatening language or gestures or use of aggressive or violent behavior towards other detainee(s), staff, visitors or others
d)  Transfer of detainees from an IHC to a non-CBSA facility
  1. Where a detainee held in an IHC breaches facility rules or Canadian law (consistent with the standards on Prevention and Management of Breaches and Prevention and Management of Assaults), a reassessment of classification and placement may result in a transfer to a non-CBSA facility. Consistent with those standards, law enforcement authorities must be notified of breaches, alleged breaches or suspected breaches of Canadian law.
  2. Only where risk cannot be mitigated in an IHC (with a high degree of certainty) should a detainee be transferred to a non-CBSA facility.

Annex A

Classification review

NOTE: Classification review is ongoing (dynamic) and may occur as a result of an incident or new information: the timelines below are minimums

Living unit Dynamic classification review considerations Frequency of review
Staging area
  • reason for placement ceases to exist
  • maximum 48 hours in staging area (may be extended in extraordinary circumstances)
 Daily
General
  • on-going behavioural issues
  • violence against others at the IHC
  • new information received positive or negative (e.g., cleared of pending charges or hard evidence of criminality revealed)
  • exhibits medical or mental health symptoms which may warrant closer supervision
 Non-specified – based on changes in behaviour or new information
Enhanced security
  • behaviour takes a significant downturn and escalates
  • behaviour significantly improves
  • new information received: positive or negative (as above) reason for enhanced security ceases to exist
 Weekly or upon receipt of new information
Family
  • dependent on family unit situation (mother/child or father/child or joint family unit)
 Change in situation
Medical isolation
  • upon recommendation of Medical Services
  • upon admission when it is suspected subject may have a medical or mental health issue and is awaiting an evaluation by Medical Services
 Daily
Flex
  • reason for placement ceases to exist
  • upon recommendation of Medical Services
Weekly or upon receipt of new information
Detention cell
  • reason for placement ceases to existCell placement should be limited and considered only after careful consideration of alternatives. It should not exceed 48 hours, unless extraordinary reasons justify the placement. The examination of alternatives and the reasons for exceeding the duration of 48 hours must be documented and accompanied by a justification
 Daily
Non-CBSA facility
  • new information, changes in behaviour, patterns of positive behaviour, incidents
  • in conjunction with the NRAD total score (zero to 9), subsequent assessments and totality of the case
 Every 60 days or upon receipt of new information

6.2  Orientation and information

6.2.1  Purpose and scope

To provide national direction on orientation procedures and information provided to persons detained and admitted to a Canada Border Services Agency (CBSA) Immigration Holding Centre (IHC) and a non-CBSA facility to ensure that detainees are provided with timely access to information related to their detention

6.2.2  Expected results

  1. Regional management ensures implementation of this standard
  2. Procedures related to this standard are understood and followed by all parties involved in the process
  3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

6.2.3  National standards

  1. Persons detained and transferred to a facility receive verbal and/or written information about their detention under the Immigration and Refugee Protection Act (reasons for arrest and grounds for detention), their rights, obligations and general information orienting them to the facility, regardless of whether they are held in an IHC or non-CBSA facility
  2. The CBSA detention publication entitled Information for People Detained under the Immigration and Refugee Protection Act is given to detainees in their preferred language (available in 16 languages) upon detention
  3. Basic detention facility information is provided in writing to detainees prior to their arrival at the facility
  4. The Immigration Detention Information Package is given to detainees in their preferred language (available in the most requested languages in each region) according to this standard and POSOPs
  5. Orientation at an IHC generally occurs no later than 24 hours after admission
  6. First contact with a CBSA officer following admission to a non-CBSA facility occurs as soon as possible but not exceeding 72 hours of admission unless there is an operational impediment
  7. To be read in conjunction with the following standards: Transportation of Persons Detained under the Immigration and Refugee Protection Act; Admission and Discharge of Detainees; Classification and Placement of Detainees in Detention Facilities; Contraband; Funds, Valuables and Other Personal Property; Prevention and Management of Assaults; Prevention and Management of Breaches; Food Services; Health Services; Hygiene; Mail and Privileged Correspondence; Recreational Activities; Religious Accommodation; Telephone Access; Visitation; Requests and Complaints; Facility Security and Access Control; Detention in Non-CBSA Facilities; and, Detention Records

6.2.4  Definitions

Immigration detention information package: An information package that includes detailed information orienting detainees to a specific facility, including information outlined in this standard

6.2.5  National operational procedures

1)  Responsibilities

a)  CBSA (where a person is detained in an IHC or non-CBSA facility)
  1. Upon arrest and detention, provide detainees with:
    1. Grounds for their detention as defined in Section 55 of the Immigration and Refugee Protection Act
    2. Place of detention (name of facility, address and phone number)
    3. Copy of the publication Information for People Detained under the Immigration and Refugee Protection Act in their preferred language (available in 16 languages)
  2. Ensure POSOPs clearly outline the orientation process and information to be disseminated to all persons detained and held in an IHC or non-CBSA facility, consistent with this standard
  3. Develop an Immigration Detention Information Package with regional and facility-specific information in their preferred language (available in the most requested languages in the applicable region)
  4. Ensure detainees understand information being disseminated during orientation and where language barriers exist arrange for interpretation services
  5. Ensure the date, time and place of detention review hearings are communicated to the detainee prior to each scheduled detention review
  6. Ensure the disclosure of CBSA information package is given to the detainee prior to each detention review, providing for sufficient time to review all documents
  7. Maintain regular communication and contact with detainees and provide timely answers to their requests, questions and complaints during their detention, as outlined throughout the National Immigration Detention Standards
b)  CBSA (where a person is detained in an IHC)
  1. Develop a check-list for use by persons providing orientation to ensure familiarity with the facility and an awareness of available services, activities, etc.
  2. Verify (via signature/date of the checklist) that detainees have received and understood the information relayed during orientation, and place a copy of the signed checklist in the client's detention file
c)  CBSA (where a person is detained in a non-CBSA facility)
  1. Provide regional CBSA contact information and a copy of the publication Information for People Detained under the Immigration and Refugee Protection Act (at arrest)
  2. Provide the Immigration Detention Information Package (at arrest if possible)
  3. Speak with detainees by telephone, teleconference or in-person at the earliest available opportunity but not exceeding 72 hours of admission, unless there is an operational impediment, to answer any questions and provide the Immigration Detention Information Package if not previously received
  4. Regularly communicate to non-CBSA facilities the importance of detainees' ability to keep or have access as needed to the publication Information for People Detained under the Immigration and Refugee Protection Act and the Immigration Detention Information Package
  5. Also consult the standard on Detention in Non-CBSA Facilities for more information on maintaining contact with and monitoring the well-being of persons held in non-CBSA facilities
d)  Guard services (IHC)
  1. At admission:
    1. Ensure detainees are in possession of the publication Information for People Detained under the Immigration and Refugee Protection Act in their preferred language (available in 16 languages) and/or ensure availability in all living units at all times
    2. Provide detainees with the Immigration Detention Information Package in their preferred language (available in the most requested languages in the applicable region)
    3. Provide detainees with orientation where directed by the CBSA or POSOPs
  2. Notify the CBSA if a detainee requires interpretation services
  3. Inform the CBSA if a detainee requests to speak with a CBSA officer

2)  Operational delivery

a)  Information included in the Immigration detention information package and/or communicated verbally at orientation
  1. Information for People Detained under the Immigration and Refugee Protection Act in preferred language, if not already received
  2. Immigration and Refugee Board's (IRB) Detention Review Hearings publication in preferred language (available in 14 languages)
  3. Detention facility name, address, phone number, fax number, e-mail address (where available)
  4. Daily routine/schedule*
  5. Meals and special diets*
  6. Facility rules, expected behaviours and potential courses of action in case of a breach of facility rules and Canadian law*
  7. Conduct during transportation
  8. Funds, valuables and other personal property (recording, storage, access)
  9. Counts and security patrols (process and expected behaviours)
  10. Searches (process and expected behaviours)
  11. Contraband (unauthorized and prohibited items)*
  12. Facility services (washrooms, showers, laundry, etc.)*
  13. Health services*
  14. Personal hygiene*
  15. Religious accommodations*
  16. Recreational activities (indoor and outdoor)*
  17. Telephone access (local and long distance calling, calling cards)*
  18. Electronic devices and internet (use and access)*
  19. Visitation (rules and hours)*
  20. Mail and privileged correspondence (sending and receiving)*
  21. Requests and complaints (informal and formal)*
  22. Reporting incidents (assault, harassment, theft, etc.)*
  23. CBSA contact information for assistance [detention liaison officer (for non-CBSA facilities), IHC contact], including relevant fax number(s)
  24. IRB contact information, including relevant fax number(s)
  25. Immigration Refugees and Citizenship Canada contact information, including relevant fax number(s)
  26. Contact information for Legal Aid, consular officials and local non-governmental organizations
  27. Information on Canadian Red Cross Society programs available in the respective region where applicable
  28. Contact information for the United Nations Refugee Agency (UNHCR): 280 Albert Street Suite 401, Ottawa, ON K1P 5G8; phone number: 1-613-232-0909 or toll-free number: 1-877-232-0909; e-mail: canot@unhcr.org

*In non-CBSA facilities, these matters are generally addressed in facility-specific orientation material. Where not addressed, CBSA should ensure inclusion of information on these matters in the Immigration Detention Information Package.

b)  Information posted in IHCs (non-exhaustive list)
  1. CBSA contact information (Admission and Discharge, detainee living units, near telephones)
  2. Legal Aid contact information (near telephones)
  3. UNHCR contact information (near telephones)
  4. Code of conduct (in common room in living units)
  5. Rules on telephone use (near telephones)
  6. Rules on use of equipment (in exercise room)
  7. Proper hand washing technique (in washrooms)
  8. Visitation rules and hours (at reception and/or visitation room)
  9. Authority to screen and search visitors (at reception)
  10. Use of closed-circuit television (CCTV) in the facility (at reception and other locations in the facility as deemed appropriate)
c)  Information provided to and/or posted in non-CBSA facilitiesFootnote 2
  1. The CBSA must provide the following information to non-CBSA facilities and recommend it be posted near telephones used by detainees:
    1. CBSA contact information
    2. Legal Aid contact information
    3. UNHCR contact information
  2. The CBSA must update the above information when changes occur
  3. The CBSA must provide non-CBSA facilities with the web links to the publication Information for People Detained Under the Immigration and Refugee Protection Act and the Immigration and Refugee Board's Detention Review Hearings publication
d)  Interpretation services
  1. Where language is a barrier to communication and full understanding of the information being disseminated upon admission, during orientation and throughout detention, the CBSA must provide for interpretation services for legal and other official matters:
    1. Interpretation services may be provided over the phone or in person
    2. Arrangements must be made as required (scheduled and coordinated with CBSA officer availability)

6.3  Requests and complaints

6.3.1 Purpose and scope

To provide national direction on the fair and expeditious resolution of requests and complaints made by detainees who are subject to immigration detention by the Canada Border Services Agency (CBSA). Feedback received may be used by the CBSA as an opportunity for service and program improvements. Specifically, CBSA collects information on the number and type of feedback submitted to identify systemic challenges, evaluate performance objectives, and recommend improvements (e.g., policy, performance, and training).

6.3.2 Expected results

  1. Regional management ensures implementation of this standard.
  2. Procedures related to this standard are understood and followed by all parties involved in the process.
  3. All CBSA facilities will draft and maintain local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard.

6.3.3 National standards

  1. Requests and complaints are addressed at the earliest stage possible and at the lowest level.
  2. Detainees are informed of the request and complaint process during admission into the facility. Detainees have complete access to the request and complaint process without negative consequences.
  3. Requests and complaints are handled with confidentiality and discretion.
  4. All complaints are recorded in the Complaints Information Processing System.
  5. This standards must be read in conjunction with standards involving the admission and care of detainees.

6.3.4 Definitions

  1. Request: is any instance where a detainee asks for support, information, or any sort of action in day-to-day operations. A request may be submitted verbally or in writing, and should, when possible, precede the filing of a complaint.
    1. If there is uncertainty as to whether the detainee's comment should be categorized as a request or a complaint, the CBSA Complaints Unit should be contacted to provide oversight.
  2. Complaint: an unmet expectation relating to the Agency's delivery of services, performance, or processes. A complaint may be submitted verbally or in writing.
    1. A complaint should be resolved at the earliest stage possible and at the lowest level.
    2. The conclusion of a complaint should result in a recommendation for resolution and a follow-up review to ensure effective implementation of the resolution.
    3. An immigration detainee has the right and opportunity to make a complaint while they are held in detention, whether in an Immigration Holding Centre (IHC), Provincial Correctional Facility (PCF), or another type of facility. If a complaint is made against the PCF, the procedure for addressing this complaint will be dictated by the procedure that is in place at said facility.
  3. Enhanced Complaint Mechanism (ECM): is an accessible and transparent feedback process that was launched by the CBSA in . The mechanism is managed by the CBSA's Recourse Directorate. The goal for this national process is to provide CBSA clients with the opportunity to go online and submit written service-related feedback (compliments, comments or complaints) to the Agency and to use this feedback to improve the delivery of programs and services.
  4. Complaints Information Processing System (CIPS): is a system developed to streamline the ECM and to allow for the efficient management of the CBSA's feedback process.

6.3.5 National operational procedures

1) Responsibilities

a) CBSA
  1. Procedures are documented and detainees have complete access to the request and complaint process without negative consequences.
  2. Ensures requests and complaints are handled with confidentiality and discretion.
  3. Ensures that any material or documentation, including Closed Circuit Television (CCTV) footage, that is used in the analysis of a complaint are preserved for review in the event of a subsequent submission by a detainee or where the detainee pursues an alternate legal remedy. If a detainee requests to review the material collected in investigating a complaint, the detainee will need to submit an Access to Information and Privacy Online Request.
  4. Requests and complaints should be dealt with in a timely manner. The CBSA will aim to contact the client within 14 calendar days after a written complaint is received.
    1. The 14 calendar day timeframe for an initial reply is calculated from the date the client submits the complaint, whether it be in writing, online, or verbally. CBSA staff may respond to or take action to resolve a complaint prior to the 14 day mark, however, the details and resolution must be forwarded to the Complaints Unit to be recorded in CIPS. If the submission is a request, it does not need to be forwarded to the Complaints Unit.
  5. Ensures complaints are shared with the Complaints Unit, Recourse Directorate, for processing and case creation using CIPS.
  6. When responding to requests or complaints, detainees are provided the services to which they are entitled under the Official Languages Act.
  7. Provides translation services or any other form of assistance necessary for the detainee to be able to submit a request or complaint.
  8. Ensures detainees are informed of the response for their request or complaint and what options are available, if not satisfied.
  9. Maintains a contractual arrangement with the Canadian Red Cross (CRC) for the monitoring of the treatment of detainees and the conditions of detention while they are held in IHCs and PCFs or other detention facilities across Canada.
  10. Restrict interactions between the parties named in the complaint until an investigation is conducted.
  11. If a complaint directed at a contracted employee or guard is found to be credible (following an investigation), the CBSA has the ability to request that any contracted resource be removed from working on a CBSA contract.
  12. The CBSA may respond to complaints verbally or in writing. If verbally, this will still need to be documented so that it can be sent to the Complaints Unit.
b) Guard Services
  1. Relays all requests and complaints to the CBSA as soon as possible.
  2. All complaints will need to be documented for later review by the Complaints Unit.
  3. With approval by the CBSA, Guard services may act to address the request and/or resolve the complaint raised by the detainee.

2) Operational delivery

a) Initial Request or Complaint
  1. The CBSA will acknowledge receipt of the request or complaint within 14 days. The CBSA will then strive to resolve requests and complaints at the earliest stage possible and at the lowest level.
  2. During the analysis and review of a complaint, senior management may contact appropriate persons involved in the complaint, such as operational staff and, if required, the detainee.
b) Verbal and Written Complaints
  1. Within a CBSA facility, the detainee may raise concerns verbally with staff or in writing using an internal form. Guidance on where to submit written forms will be provided during the admission process. The detainee may also raise concerns with a non-governmental organization (NGO) their legal counsel or representative, or any third party that may act on their behalf. The CBSA will seek to resolve these issues as quickly as possible and will ensure that all parties involved are informed on the status of the incident.
    1. The internal form used for the complaint will be available on CPIS by the end of 2023. In the interim, CBSA staff may use the following templates.
    2. Note that a response template for a complaint is underway.
  2. Within a PCF, the detainee can raise concerns with detention facility staff, a CBSA Detention Liaison Officer (DLO), acting as the intermediary between the CBSA and the correctional authority within the respective region, the Inland Enforcement Officer (IEO) assigned to their file or any third party acting on their behalf. The CBSA DLO or IEO will seek to resolve all complaints with the PCF authority as quickly as possible.
  3. The immigration detainee may raise their concerns with local NGOs (e.g., Actions Réfugiés Montréal) that provides support to people detained for immigration reasons or the United Nations High Commissioner for Refugees (UNHCR), responsible for asylum refugees or other persons in need of protection that may visit these individuals as part of their mandate to monitor asylum procedures worldwide.
  4. The CRC is responsible for providing immigration detention monitoring services to support the Government of Canada in ensuring that individuals detained pursuant to the Immigration and Refugee Protection Act in a Canadian facility, operated by the CBSA or otherwise, are held and treated in accordance with applicable detention standards. During CRC visits, the immigration detainee may informally request for specific issues to be addressed while they are held in the facility (e.g., dietary restrictions, request for blankets, daily showers, access to telephones and family contact) or raise issues of a more serious nature (i.e., physical assault). These items may be raised to regional senior management and further action, if necessary, will align with procedures outlined in the contractual agreement.
    1. During visits the CRC takes a system-wide approach to the assessment, based on Canadian and international standards, which focuses on:
      1. The treatment of detainees by facility staff, contractors and other detainees
      2. The conditions of detention – the state of the detention environment (e.g., facility, lighting, food, recreation, well-being of detainees held in that environment)
      3. The detainee's ability to contact and to maintain contact with family members
      4. The legal guarantees and safeguards – ability of detainees to exercise their human rights, access to procedural safeguards (e.g., Canadian Charter of Rights and Freedoms, effective legal remedies, protection from arbitrary detention
  5. All complaints are to be shared with the Complaints Unit, Recourse Directorate, for processing and case creation using CIPS.
c) Online Complaints
  1. The CBSA will be exploring the possibility of providing existing detainees with access to this complaint mechanism while in detention. At this time, this mechanism is not available due to security and operational limitations. This item will be explored further upon the finalization of the standard that outlines the procedures for detainees to access the internet.
  2. Currently, the CBSA's ECM allows for the submission of written feedback online by completing the CBSA's electronic feedback form, the Canadian Victims Bill of Rights (CVBR) feedback form, or by mail to the Recourse Directorate. Note that mail submissions may take longer to process. See mailing address below:

    Recourse Directorate
    Canada Border Services Agency
    Ottawa, ON  K1A 0L8

  3. Through the ECM any member of the public can send compliments, comments and complaints, including those related to quality of service, employee conduct, standards of CBSA facilities, delays in service, etc. Submissions may also be submitted on behalf of current or past detainees to the following address:

    Recourse Directorate
    Canada Border Services Agency
    Ottawa, ON  K1A 0L8

  4. A detainee may also seek to make a formal complaint through an international body that considers cases where there is a violation of a detainee's rights in relation to administrative or criminal detention. For example, The Office of the United Nations High Commissioner for Human Rights oversees all activities brought to its attention by human rights treaty and non-treaty bodies, including cases that are brought to the attention of a human rights body as part of their monitoring role.
d) Complaint Summaries and Reporting
  1. The complaint summary and any subsequent investigation reports are subject to the Privacy Act. In order to ensure accuracy, completeness and accountability, information should be disclosed to the parties involved prior to final sign-off of the report.
  2. The primary office of interest will be responsible for collecting all the information that is pertinent to the complaint investigation. This could be done at the officer level or manager level. The analysis and review of this information will be done by the management team. This information should then be sent to the Complaints Unit to apply a quality assurance lens to the investigation.
  3. The final report should be an accurate and complete account of findings and conclusions. It should include the accounts of all parties involved in the complaint.
  4. Responses to a detainee complaint will be prepared taking into account the conclusions of any and all investigations. The response to the client can be done by the officer or management.
  5. All summaries and reports will be stored within CIPS.
e) Corrective Action for Complaints
  1. The final review of the complaint will, with consideration of the recommendations provided in the previous reviews, determine the corrective action that best resolves the complaint so that similar issues do not occur in the future. Some considerations for corrective action could include:
    1. the corrective actions sought by the detainee
    2. the seriousness of any misconduct involved and any further actions necessary to respond
    3. the potential for repetition by other staff members of the actions for which there was a complaint
    4. whether similar complaints were received by the CBSA and how those complaints were addressed
    5. what is required to ensure future compliance with relevant legislation and policy
    6. who is accountable for implementing the corrective action
f) Resolution of Complaint
  1. If a detainee no longer wishes to pursue a complaint, this information must by indicated on CIPS along with how the matter was resolved. The detainee will then need to be informed that the matter is considered closed and that alternative resolution processes (i.e., requests and complaints) are still available to them.
g) Dismissal of a Complaint
  1. Dismissal of a complaint will be determined on a case-by case basis. The decision to dismiss a complaint will need to be clearly articulated to all parties involved and recorded in CIPS.
  2. An instance where a complaint may be dismissed includes:
    1. The complaint is deemed to meet the definition of frivolous, vexatious or not made in good faith. Rejection under these categories can only occur on a case-by-case basis. Each issue in the complaint must be analysed separately to determine if it is frivolous, vexatious, or submitted in bad faith. It might not be reasonable to reject an entire grievance and respondents should always consider this option when rejecting complaints.
    2. The issue is being, or has been, addressed in a separate complaint. If, during the analysis of a complaint at any given level, it is established that the issue is being, or has been, addressed in a separate complaint, the complaint may be rejected. However, if a submission is going to be rejected on this basis, it must be clear that the issue was the same and was addressed in the separate complaint. The response should also clearly outline the reason(s) for rejecting the complaint.
h) Beyond Authority
  1. Complaints received that are beyond the authority of the CBSA should be referred to the appropriate office as soon as possible.
  2. The CBSA should then inform the individual who made the complaint on how to contact said office and should assist in the facilitation of these interactions.
  3. All referred complaints must be recorded in CIPS and may be considered closed once the appropriate office acknowledges receipt of the complaint.

6.3.6 Future Considerations

In , the Minister of Public Safety tabled Bill C-20: An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, which proposes the establishment of the Public Complaints and Review Commission (PCRC), an independent review body for both the Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP).

The CBSA will continue to monitor progress with regards to Bill C-20 as it works its way through the Parliamentary process. Until the proposed legislation receives Royal Assent and the bill becomes operational, the CBSA's current review mechanism will remain in effect.

6.4  Detention records (not available publicly)

6.5  Detention in non-CBSA facilities

6.5.1  Purpose and scope

To provide national direction on maintaining contact with and monitoring the well-being and treatment of individuals detained under the Immigration and Refugee Protection Act (IRPA) held in non-CBSA facilities

6.5.2  Expected results

  1. Regional management ensures implementation of this standard
  2. Procedures related to this standard are understood and followed by all parties involved in the process
  3. All detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

6.5.3  National standards

  1. Federal-provincial memoranda of understanding (MOU) respecting the detention of persons detained under the IRPA are established and mutually respected
  2. Regular interaction with provincial partners is maintained and the terms of MOUs revisited as required
  3. Detainees held in non-CBSA facilities are regularly monitored to ensure their health and well-being
  4. Issues, concerns and complaints raised with the CBSA or other monitoring bodies (in other words, Canadian Red Cross Society, UNHCR) by detainees are promptly broached with facility authorities and resolved where possible
  5. Detainees are classified and placed in the appropriate facility and reassessed regularly according to the standard on Classification and Placement of Detainees in Detention Facilities

6.5.4  Definitions

Non-CBSA facilities: Facilities that are administered by respective ministries responsible for correctional services in each province and territory or other non-CBSA facilities

6.5.5  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Monitor and ensure mutual respect of applicable federal-provincial MOUs regarding immigration detention and review the terms as necessary
  2. Liaise and meet with authorities of non-CBSA facilities as necessary to resolve operational issues and issues related to detainee well-being and detention conditions
  3. Escalate unresolved issues to NHQ for support and further action via the Detention mailbox: Detention-Programs@cbsa-asfc.gc.ca
  4. Upon notification by non-CBSA facility authorities or upon learning of an incident or event (in other words, lockdown that exceeds 48 hours, hunger strike, placement on suicide watch, serious injury, other events affecting detention conditions such as involuntary confinement that exceeds 48 hours):
    1. Notify CBSA national management according to the guidelines regarding significant events
    2. Ensure follow-up (daily or more frequently as required) is carried out with the non-CBSA facility authorities on the status of detainee health and well-being, and notify management of any change
    3. Ensure follow-up with the detainee occurs as soon as possible following an incident/event to verify their well-being, discuss circumstances around the incident/event and mitigating measures
    4. Work with the non-CBSA facility authorities to find a solution where possible and implement within 15 days of confinement where applicable
  5. Upon notification by non-CBSA facility authorities or upon learning that a person has been placed in voluntary confinement (at their own request), the CBSA must work with the non-CBSA facility authorities to find an alternative solution and implement within 15 days of confinement
  6. Meet with the Canadian Red Cross Society (CRCS)Footnote 3 after each facility visit (according to the terms of the contract for monitoring of immigration detention facilities) to discuss CRCS findings, including issues raised by individual detainees during their visit
  7. Take concrete action (in other words, speaking with the detainee, facility authorities, proposing a solution, etc.) in a timely manner to resolve detainee issues raised with the CRCS, and document the actions taken and/or limitations to resolving the issue
  8. Review and approve or refuse requests to transfer a person to a non-CBSA facility (Refer to standard on Classification and Placement of Detainees in Detention Facilities)
b)  CBSA officers working in or attending non-CBSA detention facilities (Inland Enforcement Officers including Detention Liaison Officers)
  1. Serve as main point of contact for detainees and non-CBSA facility staff, as outlined in the Detention Liaison Officer (DLO) position profile (consult this document for a full outline of roles and responsibilities). Responsibilities include, but are not limited to the following:
    1. Speak with detainees by telephone, teleconference or in person, as soon as possible, but not exceeding 72 hours of admission unless there is an operational impediment, to answer any questions and ensure they have received the Immigration Detention Information Package, according to the standard on Orientation and Information
    2. Meet with detainees regularly (minimum once every 30 days after the initial meeting) and monitor their well-being and treatment, provide information on the status of their immigration case and timely answers to their questions and complaints
    3. Meet and/or speak with a detainee as soon as possible following an incident/event to verify their well-being, discuss circumstances of the incident/event and mitigating measures
    4. Take detailed notes of all interactions with detainees including refusals to meet/speak with the CBSA and actions taken, and document them on the client file consistent with the standard on Detention Records
    5. Ensure detainees understand the information being relayed in case of language barriers
    6. Build and uphold relationships with non-CBSA facility authorities by engaging with them regularly (as often as necessary as issues arise, or at a minimum monthly), obtaining copies of available reports (incident, medical), bringing forth detainee complaints, and addressing, managing and when possible resolving, in a timely manner, any complaints or matters concerning a detainee (for example food quality, dietary requests, medical services, living conditions, personal needs, hunger strike)
    7. Upon notification by non-CBSA facility authorities or upon learning of an incident or event (in other words, lockdown that exceed 48 hours, hunger strike, placement on suicide watch, serious injury, other events affecting detention conditions such as involuntary confinement that exceeds 48 hours):
      1. Notify CBSA regional management
      2. Follow-up daily (or more frequently as required) with non-CBSA facility authorities on the status of detainee health and well-being, and notify CBSA management of any change
      3. Work with the non-CBSA facility authorities to find a solution where possible and implement within 15 days of confinement where applicable
    8. Upon notification by non-CBSA facility authorities or upon learning that a person has been placed in voluntary confinement (at their own request), work with the non-CBSA facility authorities to find an alternative solution and implement within 15 days of confinement
    9. Escalate unresolved issues to regional management and headquarters as necessary
    10. Complete the National Risk Assessment for Detention (BSF754) form every 60 days after the initial risk assessment or sooner if new information or a change in circumstances is observed which may impact a detainee's detention placement, in accordance with the ENF 20 manual (Detention)
    11. Where risk can be mitigated following a risk assessment, refer case for a review of eligibility for an ATD or transfer to a CBSA IHC, consistent with the standard on Classification and Placement of Detainees in Detention Facilities
    12. Complete a new Detainee Medical Needs (BSF674) form at least every 60 days after every assessment or sooner if the detainee self-identifies a change in their medical condition or if a change is observed by any custodial staff, according to the ENF  20 manual (Detention)
    13. Seek medical and mental health advice and expertise from Medical Services for complex cases and arrange for transport to attend medical appointments or immigration proceedings outside of non-CBSA facilities
    14. Document in detail all interactions with detainees, non-CBSA facility authorities, IHC staff, medical professionals and CBSA management and ensure information is recorded on the client file according to the standard on Detention Records
c)  CBSA national headquarters: intelligence and enforcement
  1. Liaise with officials at provincial ministries responsible for corrections or other non-CBSA facilities as required to find solutions for issues that cannot be resolved at the regional level
  2. Review CRCS annual monitoring reports summarizing findings and recommendations and develop, publish (on the CBSA website) and ensure implementation of the CBSA management response and action plan

2)  Operational delivery

a)  National Risk Assessment for Detention (NRAD) and Detainee Medical Needs (DMN)
  1. Ensure that a National Risk Assessment for Detention (BSF754) form (for all persons detained) and a Detainee Medical Needs (BSF674) form (for all persons admitted) as well as subsequent NRAD and DMN assessments have been completed in accordance with the ENF  20 manual (Detention), and given to the facility authorities
b)  Training
  1. The CBSA must deliver awareness sessions to provincial partners regarding the immigration detention program. Sessions may be delivered in conjunction with the UNHCR and the CRCS, to enhance understanding of administrative (immigration) detention, responsibilities under the respective MOUs, as well as CBSA's processes and obligations
c)  Information sharing with provincial partners
  1. In compliance with Division 6, Section 55 of the IRPA that authorizes the CBSA and provinces to collect and use information for the purpose of detention and arrest; and Paragraph 8(2)(a) of the Privacy Act that authorizes a CBSA official to disclose personal information, subject to any other Act of Parliament, the following information can be shared (not an exhaustive list):
    1. Name, date of birth and gender
    2. Country of birth and citizenship(s)
    3. All required documents authorizing a detainee's admission into custody
    4. Any outstanding criminal charges
    5. Known cautions: mental health concerns, violence, security risk, escape history
    6. Any restrictions on visitation access by others (in other words victim of human trafficking, rival gang members)
    7. Report of misconduct while in custody
    8. Detainee's photo, identifying marks,( in other words scars, tattoos and piercings)
    9. Special placement requests, when there is a need
    10. Information contained on the Detainee Medical Needs Form (BSF674)
    11. Information contained on the NRAD (BSF754)
d)  Federal-provincial memorandums of understanding (MOUs)
  1. Individuals detained and held at non-CBSA facilities are generally guided by the policies and rules of each facility and according to the terms of signed CBSA-Provincial MOUs, where they exist
  2. A list of MOU's in place and in progress with provincial correctional authorities can be found in Annex A

Annex A

Provinces with which the CBSA has or is forging a formal agreement
as of January 2021
British Columbia MOU in force
Alberta MOU in force
Saskatchewan MOU drafted
Manitoba MOU drafted
Ontario MOU in force
Quebec MOU in force
New Brunswick MOU in force
Nova Scotia MOU in force
PEI MOU drafted
Newfoundland MOU drafted

6.6  Training

6.6.1  Purpose and scope

To provide national direction on the training requirements for Canada Border Services Agency (CBSA) Inland Enforcement Officers who interact with detainees daily and contractors working in CBSA Immigration Holding Centres (IHCs) and in detention-related operations

6.6.2  Expected results

  1. Regional management ensures implementation of this standard
  2. Procedures related to this standard are understood and followed by all parties involved in the process
  3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

6.6.3  National standards

  1. All Inland Enforcement Officers (IEO) who interact with detainees daily, complete all required courses of the National Training Standard for the Inland Enforcement Officer to ensure consistent and professional program delivery
  2. Contracted staff complete all required courses outlined in the applicable service contract
  3. CBSA and contracted staff training is tracked individually to ensure mandatory training requirements are met

6.6.4  National operational procedures

1)  Responsibilities

a)  CBSA
  1. Ensure IEOs working in IHCs have successfully completed all required courses of the National Training Standard for the Inland Enforcement Officer
  2. Regularly monitor implementation of applicable guard services, medical services and other IHC-related contracts to ensure training requirements are met and continue to be met, and notify contractors of any gaps for immediate follow-up action
  3. Prepare and deliver the CBSA-specific and on-the-job training including orientation, training on the National Immigration Detention Standards and POSOPs to all applicable contractors
  4. Review and approve training and training material delivered by Guard Services as required, and document the review
b)  Guard services
  1. Ensure all training requirements [includes courses (classroom and on-the-job training), certifications and licenses] for all security resources (guards, supervisors, new hires, etc.) are met according to the terms and timelines outlined in the applicable guard services contract and amendments (where applicable)
  2. Provide ongoing training to address any changes in procedures as required by the CBSA
  3. Keep security resources' training records up-to-date, ensuring all physical records of successful completion are provided to the CBSA
  4. Regularly audit individual security resources' training records to identify any gaps (in other words, expired certifications, licenses, courses, etc.) and provide notification according to the guard services contract and amendments in place
  5. Ensure training of all security resources is scheduled, delivered, successfully completed and tracked
c)  Medical services
  1. Ensure Medical Services staff working at the IHC have all the professional accreditations, registrations and certifications required by their profession and the terms of the applicable service contract

2)  Operational delivery

a)  General
  1. CBSA staff working in IHCs and in detention-related operations are generally inland enforcement officers (IEO) and/or IEOs in a detention liaison officer (DLO) role
  2. CBSA staff working in IHCs and in detention-related operations as well as contracted staff working in IHCs must acquire, maintain and update the knowledge, skills, abilities and competencies necessary for their role
  3. Training must be ongoing to address any changes in procedures
b)  Training for inland enforcement officers
  1. All IEOs who interact with detainees daily, working in IHCs and/or non-CBSA facilities, must receive training as outlined in the National Training Standard for the Inland Enforcement Officer, including (non-exhaustive list):
    1. Diversity and Race Relations
    2. Communication and De-escalation
    3. Prevention of Suicide and Self-Harm Among Detainees
    4. Mental Health Awareness, Mental Health First Aid (Mental Health Commission of Canada)
    5. Incident Command System
    6. Workplace Hazardous Material Information System
    7. Donning and Doffing of Personal Protective Equipment
    8. Managing the Contract for Services
    9. The Many Approaches to Facing Workplace Conflict
c)  Training for guard services
  1. Guards employed to work in IHCs or to perform transportation work must be fully trained and certified according to the requirements outlined in the applicable service contract
  2. Mandatory training provided by the CBSA includes (non-exhaustive list):
    1. Diversity and Race Relations
    2. Prevention of Suicide and Self Harm Among Detainees
    3. Orientation to the CBSA
    4. Fundamentals of Immigration
    5. Policy Suite for the Handling of Hazardous Toxic Substances
    6. Incident Command System
    7. Managing Information at the CBSA and Access To Information and Privacy (ATIP)
    8. Fingerprinting and Livescan
  3. Mandatory training provided by the Guard Services contractor include (non-exhaustive list):
    1. Use of Force (training material to be approved by the CBSA)
    2. Provincial security license
    3. First Aid and CPR training with Automated External Defibrillator (AED)
    4. Training on the National Immigration Detention Standards and POSOPs
  4. In addition to mandatory training, all guards must receive 40 hours of practical on-the-job training prior to being eligible to perform duties on their own, including but not limited to:
    1. Responding to emergency alarms, bomb threats, and suspect incendiary devices
    2. Orientation and operation of security systems
    3. Orientation and operation of fire equipment
    4. Location and access to first aid supplies
    5. Radio and communications systems
    6. Dealing with power outages, evacuation procedures
    7. Access control
    8. Key control
  5. Guard services must provide evidence in hard-copy format of successful completion of all mandatory and on-the-job training, and of all requirements for each guard prior to commencement of work, as outlined in the applicable service contract
  6. The CBSA may, at any time, participate as an observer to any contractor-provided training for evaluation purposes
d)  Training for medical services
  1. Medical services staff working at the IHC must have all the professional accreditations, registrations and certifications required by their profession and the terms of the applicable service contract
  2. Medical services staff must receive orientation training as outlined in the applicable service contract including information related to the National Immigration Detention Standards and POSOPs
e)  Training for other contractors
  1. Other contracted staff (Food Services, Housekeeping and Maintenance Services) must receive orientation training as outlined in the applicable service contract, including information related to the National Immigration Detention Standards and POSOPs

6.7  Communications and media relations

6.7.1  Purpose and scope

To provide national direction to staff working at Canada Border Services Agency (CBSA) Immigration Holding Centres (IHC) and in detention operations on the execution of external communications and media relations

6.7.2  Expected results

  1. Regional management ensures implementation of this standard
  2. Procedures related to this standard are understood and followed by all parties involved in the process
  3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

6.7.3  National standards

  1. Regional and HQ Communications and IHC management adhere to the Media Relations Toolkit
  2. The privacy of detainees and staff is protected
  3. Incidents are reported in a timely manner
  4. CBSA HQ Media Relations is the central point of contact for media relations on the IHC and detention operations

6.7.4  National operational procedures

2)  Operational delivery

a)  Media relations
  1. All media requests to the IHC must be directed to CBSA Regional or HQ Communications
  2. If media are present on IHC grounds or are observed near IHC grounds, CBSA Regional Management and Regional or HQ Communications must be notified consistent with the guidelines regarding significant events and the Directive on Media Relations
  3. Photography inside the IHC is not permitted, unless CBSA grants prior approval
  4. Media requests directed to detainees must be handled by the detainee at their discretion
  5. If a detainee chooses to engage a journalist directly, it is their prerogative and falls outside of the purview of the CBSA and this standard
b)  Communications protocol: In-custody death or serious injury
  1. The CBSA Public Communications Protocol: In-Custody Death or Serious Injury applies to the event of a death or serious injury and must be adhered to by all parties
  2. An in-custody death is defined as an incident where a person died while under the responsibility, physical care and/or control of the CBSA including, for example, under arrest or detention at a port of entry, in a CBSA IHC or while detained in a non-CBSA facility
  3. A serious injury is one that significantly alters the functioning of the individual (loss of sight, loss of limb or motor function), or which results in the death of the individual
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