Key information—Standing Committee on Health: Emergency Situation Facing Canadians in Light of the COVID-19 Pandemic (May 21, 2021)

The CBSA and its partners are looking at the vaccination verification methods that could be implemented as part of the overall approach to international travel within the context of the COVID-19 pandemic.

At this time, proof of vaccination has no bearing on a traveller's public health obligations outlined in the Orders in Council.

As things develop, the CBSA will continue to collaborate with its partners in the Government of Canada in managing the COVID-19 pandemic, including planning and coordination for future border requirements.

This year, CBSA BSOs intercepted 18 problematic test result documents presented by air travellers (between January 7 and May 11), and 47 presented by land travellers (between February 15 and May 11).

CBSA's National Document Centre is providing guidance to frontline staff on the signs of a fraudulent test result document, and compiled nearly 500 examples of legitimate test results from over 30 countries to use for document comparison.

All travellers arriving in Canada are obligated by Canadian law to respond truthfully to all questions asked by Government of Canada officials. Providing false information to a Government of Canada official upon entry to Canada or making false fraudulent attempts is a serious offence and may result in penalties and/or criminal charges.

• Failure to comply with the current border entry restrictions is an offence under the Quarantine Act and could lead to up to 6 months in prison and/or $750,000 in fines
• Further, a person who causes a risk of imminent death or serious bodily harm to another person while wilfully or recklessly contravening this act or the regulations could be liable for a fine of up to $1,000,000 or imprisonment of up to 3 years or both

The CBSA is aware that some "fixed-base operators" (organizations granted the right by an airport to operate at the airport and provide services such as fueling, parking, aircraft rental, aircraft maintenance, flight instruction, and similar services) may be offering expedited testing services or other services that they claim will overcome some of the requirements and public health obligations mandated in the Emergency Orders.

This claim is simply inaccurate. There are no separate provisions for travellers arriving in Canada by private aircraft. They are still required to follow the health protocols established by PHAC.

When we have been made aware of these instances, the CBSA has worked with PHAC and Transport Canada to approach anyone offering these services and to clarify and reiterate the health protocols and requirements that all travellers must adhere to when entering Canada.

The CBSA can't issue fines, under the authority of the Contraventions Act, to enforce Quarantine Act and Order in Council (OIC) requirements.

In all instances, the decision on whether to pursue any enforcement action related to the public health orders rests with PHAC.

Where the decision is made to levy a fine, PHAC works with the municipal police jurisdiction where necessary, depending on the legislative framework within that Province or Territory.

To support PHAC and local authorities in this work, CBSA officers have been requested to take detailed notes whenever a traveller is referred to PHAC for any reason including possible non-compliance with the Quarantine Act and OIC requirements. These notes are made available to partners upon request.

When a traveller presents themselves at the border, either land or air, CBSA Officers are diligent in verifying that all relevant public health measures are applied, without exception.

This includes verifying that they do not have any COVID-19 symptoms, possess proof of a negative PCR test taken at least 72 hours before entering Canada, and ensuring travellers have an acceptable quarantine plan, including a stay at the Government-Authorized Accommodation if arriving by air.

If the Border Service Officers have even the slightest doubt regarding a traveller's health or whether or not any portion of the Emergency Orders are met, they are immediately referred to a PHAC Quarantine Officer, without exception.

The CBSA continues to work closely with federal partners (such as PHAC and Transport Canada), as well as with airlines and airport authorities to administer the provisions of the emergency OICs, at every step of the traveller's journey.

Travellers are required to provide evidence of a valid COVID-19 molecular test result either before flying, or, if travelling by land, at the time of arrival at a land port of entry. Confirmation of vaccination does not change this requirement.

The Government of Canada will continue to examine options for entry requirements.

Since April 22, 2021 and until further notice, enhanced screening measures were put in place for all travellers who have recently visited India and Pakistan. Transport Canada has also issued a notice prohibiting all direct flights from India and Pakistan.

These enhanced border measures are in addition to existing requirements pursuant to the emergency orders (such as a COVID-19 molecular test, ArriveCAN submission, and Government-Authorized Accommodation stay for air travellers) outlined in the Order in Council titled "Minimizing the Risk of Exposure to COVID-19 in Canada (Quarantine, Isolation and Other Obligations)".

When processing travellers at the border, CBSA officers ask if they have been in India or Pakistan in the 14 days before entering Canada and note the response in the PHAC desktop application.

If the response is "Yes":

• The CBSA officer will assess the pre-arrival COVID-19 molecular test to determine the country of origin and assess the veracity of the document
• CBSA officers will refer the traveller to PHAC if:
  • the traveller does not have a valid COVID-19 molecular test
  • the traveller is symptomatic
  • the traveller does not have a suitable quarantine plan

If the response is "No", the BSO will continue with existing standard processing based on current OICs.

Any traveller trying to enter Canada who has been in India or Pakistan in the previous 14 days will be asked all quarantine screening questions, even if they have used ArriveCAN to submit this information in advance of arrival.

Across Canada, the CBSA has noticed travellers entering Canada by land who would normally enter Canada by air. Quebec and Southern Ontario reported the highest growth in these numbers, although the Pacific Region and Prairie regions have also seen growth.

While some of the increase may be due to the requirement that people flying into Canada must now spend time in government-authorized accommodations (GAAs), other factors, such as the availability of flights and weather, may also be contributing to the increase.

Landing by plane in the U.S. and then driving into Canada isn't new. Before the pandemic, it wasn't unusual for Canadians who live in border communities to use U.S. airports as their primary point of departure for flights.

In this regard, the CBSA has noticed that an increasing number of Canadians are flying to sun destinations (either "snowbirds", or those taking a shorter vacation), then returning home by flying to a U.S. airport and then driving (whether in their own car, a borrowed car, or a taxi) or walking across the border to avoid staying in government-authorized accommodations. We have also seen a growing number of taxis and other services that are advertising this type of transportation to Canadians.

Importantly, these travellers must still follow all public health requirements, including providing advance electronic information, doing pre- and post- arrival testing, and following all quarantine regulations.

Regardless of how they enter Canada, travellers are still complying with the Orders in Council, and no direct enforcement action can be taken simply as a result of the traveller choosing to enter by land, rather than by air.

From the outset, the Government worked closely with provincial and local authorities to respond to the threats posed by the virus.

The CBSA's approach was developed using evidence-based and scientific advice, in consultation with public health experts and our internal staff.

PHAC develops border restrictions based on constantly and quickly evolving COVID-19 data from around the world. The CBSA works with Government partners, including PHAC, to develop and implement precautions and restrictions as quickly as possible.

The Government of Canada monitors COVID-19 developments on a daily basis, including scientific developments as well as prospective changes in border restrictions around the globe. The CBSA also works closely with international partners to discuss border measures, emerging trends and various prospective reopening scenarios.

The CBSA is actively assessing its capacity and readiness to handle a future easing of border restrictions. These exercises are performed under models of different traffic volumes and different border reopening scenarios, at home and abroad.

This work will ensure that we continue to safeguard Canadians while supporting the economy, including tourism.

If pressed on discussions with the U.S. on reopening the border

Senior officials from both countries have been in regular contact, with the goal of coordinating our approach at the border as much as possible.

Both countries have agreed that any move to adjust our restrictions will be guided by science, as well as the potential risk to public health and operational capacity at the border.

The CBSA has been able to quickly evolve during the pandemic to meet new requirements at the border. For example, the CBSA is now offering Officers access to live support around the clock, and regular case reviews.

We have also implemented detailed briefings for our frontline staff before new or amended OICs are put in place, so that they are well understood and consistently applied.

Our strong relationship with PHAC enhanced our ability to implement new border measures and adjust existing ones.

As a recent example, we were able to act swiftly alongside our partners to put enhanced border screening in place when a new variant of concern was identified in Brazil.

If the Government of Canada determines that we need to implement a monitoring process for the people leaving Canada, then the CBSA will review operations and reallocate staff from other areas as needed.

Aside from continuing to issue regular bulletins, the CBSA has expanded its support to officers by:

• Issuing prompt notices when Orders in Council (OICs) are finalized and new requirements come into effect
• Providing access to live, 24/7 support from headquarters on any operational questions
• Holding regional calls twice a week to highlight any concerns about operations (if anything needs to be addressed, field guidance is sent to all regional staff)
• Regularly reviewing complex cases to ensure consistent decision-making is applied at all ports of entry

We are also giving detailed technical briefings to BSOs and relevant management before new or amended OICs are put in place.

When it comes to processing essential workers, a feedback loop has been put in place for specific regions or ports of entry that experience unique situations. This feedback informs adjustments or reviews of the OICs.

If pressed on monitoring and recourse

Scenarios of concern are sent to the Border Task Force for review and guidance is provided when necessary.

PHAC is responsible for answering concerns about arrival (pre-arrival and post-arrival) testing and Government-Authorized Accommodations. These types of concerns will be passed on to PHAC Quarantine Officers on site or to their 24/7 internal call centre.

BSOs review and consider each traveller's unique circumstances, the purpose of the trip, and the documents presented at the time of entry.

They also look at the requirements, exemptions, and exceptions set out in the official regulations.

Within the context of the public health orders, the term "essential service providers" refers to travellers who fit within one of the categories designated by the Chief Public Health Officer.

Travellers who fall within one of the classes of persons the Chief Public Health Officer has designated as an essential service provider benefit from certain exemptions from public health requirements so long as they meet the relevant criteria and they are entering for an associated purpose.

Some common categories of essential service providers include, but are not limited to:

• Persons in the trade or transportation sector who are important for the movement of goods or people, including truck drivers
• Persons who must cross the border regularly to go to their normal place of employment, including critical infrastructure workers
• Technicians or specialists specified by a government, manufacturer, or company, who enter Canada as required for the purpose of maintaining, repairing, installing or inspecting equipment necessary to support critical infrastructure
• Emergency service providers, including firefighters, peace officers, and paramedics, who return from providing such services in another country and are required to provide their services within 14 days of their return to Canada

It is important to note the term "essential worker" is often used colloquially, but does not have any legal meaning within the Orders in Council that outline the enhanced border measures aimed at minimizing the risk of exposure to COVID-19 in Canada. Furthermore, being considered an "essential worker" or "essential employee" by the individual's workplace does not have any bearing on whether or not a traveller will meet an exemption from federal public health requirements.

It's up to the traveller to clearly demonstrate how they meet the required characteristics of an exempt traveller.

Travellers' public health obligations and requirements are explicitly stated within the OICs. CBSA BSOs do not have the discretion to exempt travellers, who otherwise do not meet the exemptions, from these requirements based on an assumed level of risk or any other factor.

Although essential workers are exempt from some of the measures outlined within the Emergency Orders, BSOs' interactions with all travellers are equally diligent.

Exempt travellers are still subject to a mandatory public health screening and have to submit contact information via ArriveCAN as part of the border crossing process.

Certain categories of exempt travellers, such as technicians or specialists travelling to inspect, repair, maintain or install equipment in support of Canada's critical infrastructure, are still required to meet pre-arrival testing requirements, despite their quarantine exemption.

BSOs have the authority to review and question any traveller's statements, and direct them to a PHAC quarantine officer for further assessment, including situations where their visual inspection of the person entering Canada indicates the traveller may be ill.

Once admitted into Canada, the responsibility to monitor and/or track individuals from a public health perspective shifts to PHAC and provincial health authorities.

The CBSA has taken steps to ensure that travel restrictions are understood by the relevant industries and stakeholders. To that end, the CBSA has developed multiple information documents for industry, including documents specific to the auto industry, and held a number of technical briefings with industry representatives and stakeholders.

We continue to work with the automotive manufacturing sector and other industries to better understand the impact of the public health border measures in order to provide them with greater certainty and predictability as the Government continues to work to strike the right balance that meets the needs of industries while protecting the health and safety of Canadians.

If pressed on essential service providers

Auto workers who need to cross the border regularly for work have been able to do so since the measures were put in place. The auto industry is now looking for exemptions from public health measures, such as quarantine, for a broader range of employees. The CBSA is exploring this possibility with PHAC.

While the existing exemptions to public health measures already apply to auto industry employees, it depends on the type of work, how quickly that work needs to be done, and how often they need to cross the border in order to meet the exemption.

CBSA is developing an OIC introductory lesson plan, to be implemented in the Officer Induction Training Program at Rigaud. The implementation date is scheduled for July 5, 2021.

The OIC lesson material provides recruits with a concise, high-level overview of what an OIC is, and why it is important to BSOs. The same information will be available to frontline BSOs in June 2021.

The CBSA is revisiting its supplementary tools, such as quick reference guides and technical briefings for June 2021.

• Quick reference guides will be reviewed to determine if they can be improved or simplified
• Technical briefings will be recorded and made available to all staff through internal networks

Other support tools are being explored:

• The OIC application video: Videos describing how to apply the OIC in very clear terms in order maximize retention and clarify how to apply the rules
• Downloadable learning scenarios: Access to quizzes showing the top scenarios that have caused inconsistent application of the OICs

The use of government-authorized accommodations in land mode would be extremely complex. In some cases, it's not possible, given the vast geography of the land border. There is also very limited hotel infrastructure in some border crossing locations.

The large majority (90%) of travellers passing through land borders are doing so for essential reasons. In addition, travellers entering Canada at one of our land ports of entry typically do so by private conveyance.

Travellers arriving by land will continue to be required to go directly to their place of quarantine, and information, including contact information and a suitable quarantine plan, is required to be submitted digitally.

The Federal Government and the CBSA are working with the Provinces and Territories to accomplish the common goal of ensuring public health and safety and limiting the spread of COVID-19.

The CBSA has made presentations on the enhanced border measures at the request of the Provinces and Territories, to insure a strong working relationship and greater understanding of how the federal and provincial requirements work together.

The CBSA doesn't have the authority to implement or administer Provincial or Territorial laws or regulations around the pandemic. The CBSA's role is to implement enhanced border measures on the recommendation of PHAC.

We acknowledge and are supportive of the Provinces' and Territories' autonomy and ability to implement additional public health obligations and requirements that are best-suited to their communities.

Early in the pandemic, the CBSA provided officers with training to address how to handle the changes that stem from COVID-19. We continue to provide them with updated information and instructions.

The CBSA has put effective protocols in place, such as Personal protective equipment (PPE), to prevent the virus from spreading. We have continually reviewed our protocols throughout the pandemic, in close collaboration with PHAC.

The CBSA's Employee Assistance Program team of 16 professional clinicians are providing individual and group services to employees, leaders and teams (workshops/training/discussions). We also offer wellness resources on our intranet site.

Vaccination is a provincial and territorial responsibility and rollout differs based on location. As such, priority populations are defined by provincial and territorial public health authorities and, in some cases, regional units.

That being said, the National Advisory Committee on Immunization has recommended that critical workers who have direct and close physical contact with the public be considered by provincial or territorial health authorities for priority vaccination. This recommendation was shared with provincial and territorial health authorities and is being incorporated in vaccine rollout plans. This means that our frontline officers in the following provinces are being prioritized for vaccination:

• New Brunswick
• Prince Edward Island
• Newfoundland
• Parts of Ontario (GTA and portions of NOR)
• Yukon Territory

The CBSA works closely with its employees, the Customs and Immigration Union, and Health Canada to ensure appropriate measures are in place to protect the health and safety of the public and frontline workers, while delivering the Agency's mandate and limiting the spread of COVID-19.

The CBSA doesn't collect information related to its employees vaccine status as it is a personal choice.

As of May 12, 2021, 280 BSOs have tested positive for COVID-19 and 261 have since recovered. There are currently 19 active cases.

To support employees who could not work on the frontline due to family obligations or health reasons during the pandemic, some frontline staff were reallocated to other jobs in the CBSA's corporate and business line areas to support policy and program work. This was done through an internal realignment exercise.

During the pandemic, the processing of items for commercial trade and the use of postal services grew. Our management team mobilized our frontline workforce to support these areas.

When COVID-19 travel restrictions started in March 2020, the CBSA increased the capacity of the Border Information Service (BIS) to provide travellers and commercial traders with telephone and email support to help them understand the new border measures. The team of client service specialists was supplemented by the temporary reallocation of more than 40 BSOs from locations where the traveller volume had dropped due to COVID-19.

The BIS has reallocated personnel from the frontline to support increased workloads at the service centers. To break it down: a total of 77 BSOs and 3 superintendents in the Quebec, Atlantic, and Prairies Regions were reallocated.

The CBSA prioritized the temporary redeployment of frontline personnel to handle increased commercial processing volumes at land, marine, air, postal and courier operations. Additional staff were redeployed to manage backlogs and further support mail, courier and enforcement and intelligence operations.